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A FEW PRESS COHMENTS
On the Dccission in the Butler Boodle Case by the
Supreme Court.
St. Louis Ktpublii-: Citizen of
MUsouri who liuve hoped for ex
emplary nml ItoiinK it-Miil iioiii
boodle disclosures regret that the
supreme court felt coustniiued by
tech nica lit ies to set aside the ver
dict in the Butler case.
Decisions of the supreme court
are law of the state. It would be
ueither seemly nor useful to ques
tion the reasouiug with which the
court, through Judge Fox, proceed
ed to declare that certaiu de facto
officials could not be bribed.
Citizens are at liberty to bel
and say, however, that the decision
is unfortuuate in destroying the
moral usefulness of the state's
laborious and successful efforts to
supply evidence agaiust one of the
mbsfdaugerous men in St. Louis.
The evidence so secured was ex
;eptioually plain and convincing.
It came from the lips of men whose
standing is of the best. It was
lirect aud undoubted. In bribery
ases such evidence is not easy to
btaiu. The regret at the technical
lecessity which governed the su-
ireme court is the stronger on that
iccount regret not only that the
articular defendant in the case
1 . a, .
las escaped, dm mas encourage-
lent is given to that school of
oodle which is ever ready to take
lauces of exposure and puuish
ient, ever proue to scorn the law
id its officers.
Politically, this decision will have
effect in intensifying the impor
uce of boodle us an issue. Not
an issue between parties, for
od citizens of all parties stand
Igether in a matter of simple
lorality, but as au issue which
ery political organization must
cognize, l lie people will insist
re resolutely thau ever upon
ididates who represeut the move
nt atrainst lobbyist!! and graft,
tier has, more conspicuously
in any other of the defendants
Ithe boodle eases, stood in the
'': iii-.vr.J -AvikiW if-J ff.Vicii iris-
such a consummate ass as to try to
bribe people to do something that
it w.ii hiijiossible for hint to per
forin. According to the facts, all of
which are admitted, mouev was
offered to iuflueuce the action of at
least two members of this board
to do a thing which they were not
legally authorized to perform. The
Supreme Court chooses to say that,
since there was no valid law au
thorizing this particular act, there'
fore there was uo bribery.
Doctor Chapman was an officer
of the city ; he did pass upon the
contracts asked for, in fact, but
not in law; to all intents and pur
poses, so far as both parties to the
transaction and the city are con
cerned, it was de jure as well as de
facto; therefore it ts not a good
defense to allege that the ordinance
was invalid and the official not
legally required to vote for con
tracts asked under it.
finds the stf
them has a
one.
What si
Granting
meal points upon which the court
challenged aud insulted moral sen
timent. The other case against
him 'caunot reach a final result
until after the comiug state cam
paign. For the present he is free
and, as to him, the people are help
less. They will turn to the busi
ness of declaring in couvetitions
and at the polls that they will not
tolerate in ollie.eauy man who bears
the taint of lubbvism or who is
suspected of sympathy with graft.
What the law's delays and technic
alities prevent them from doiug
they will do to tne best of their
ability by voicing their couvictious
at the polls.
Rev. Frank (. Terrell in Mount
Cabanue Christian church, St.
Louis, Sunday Dec. 13: "The
Judges of the Supreme Court may
be gentlemen of the highest iu
terrify, and their verdicts may be
according to Missouri law; but if
that is the eai-e, so much the worse
for the law ! For such judicial
history is bringing law aud law
courts into the greatest contempt
with the sovereign people. In this
last case, the trial of the prince of
boodle, the court reverses the ver
diet rendered in Judge Ilockaday's
court sets the condemned man
free upon two points. First, the
court holds that the ordinance
authorizing the Board of Health to
let eoutracts for the reduction of
garbage is invalid, and therefore
no one could bribe a member of
the Board of Health, acting or es
saying to act under that ordinance.
Second, that this particular ordi
nance has not been signed by the
Mayor and was not a law at all,
even an invalid law, and that Doe
tor Chapman had no power or
authority to. do what the boodler
was trying to bribe them to do.
If this is true, what a reflection
upon the defendant's intelligence.
The idea of a mo bo shrewd offer
ing money to a public official for a
service which the lawNdid not re
quire or empower him to perform
Furthermore, the court owes this
eta n apology for thinking him
me way. But none of i
ny more force than this
mill the people think 1
hat the court may be
right iu giving a man the ad van
ry technicality, it is yet
condition when a man
it to bribe au ouicial,
(escape the due punish-
roving that ihe man he-
be had no authority in
tUge of evd
a grievous
can attemi
aud then
went by 1
tried to bi
the case.
Attorneys Folk and Crow cer
tainly have the sympathy of all
right miiKlled citizeus iu their prose
cution of I these cases. We hope
they willi not be discouraged but
will keep right on till theirdefeuse
of the people's rights shall win
success
Letters in the Kansas City
Times: In rendering the decisiou
of the Missouri supreme court in
the case of Edward Butler, convict
ed briber. I have endeavored to
figure out some logically parallel
cases, calculated to extend the
benefits of the judiciary over a
wider field of usefulness. For ex
ample, I thought of a possible de
cisiou like this :
UY TWISTER J.
"It appears f rom the evidence
that the defendant, Kastus, was
operating at the time of his alleged
offense in a very dark storeroom,
to which his own unmitigated black
ness added density, and, further,
that the actual act of illegality was
performed within the preciucts of
a refrigerator which by reason of
its location aud euviroument, must
have been still darker than the
room iu which it stood, even with
the ebon Kastus supervened. The
defeudaut, as showu by the evi
dence, was possessed of a large
family, an appetite tor c'uckeu, and
nothing else of consequence. His
,pnrjwe in ravaging te -refrge!'
tor of the complaining witness,
was to secure therefrom a plucked
aud dressed chickeu with which to
calm the hunger of himself aud
those dependent upon him. Owing
to the extreme darkness surround
ing the circumstances, only a mea
ger part of which can be attributed
to the presence of the defendant
himself, his groping hand seized
the carcass of a duck almost simul
taneously with the utterauce of the
sound of hastily approaching foot
steps. Further exploration of the
refrigerator seeming, by reason of
this interruption, to be impracti
cable, the hand of the defendant,
Rastus, clung to the duck aud he
fled, only to be afterward captured
iu company with the same. Thus
it appears that, meditating a chick
en, the defendant nervously made
way with a duck, of the purloining
of which he had, iu intent, been
absolutely innoceut. The order of
the court is that the defendant,
Rastus, be discharged frera cus
tody." That seemed rational enough at
first, but after some thought I
could see where some famous jurists
could kick such a decision full of
holes. For example, how can
there be any reasonable analogy
between a case in which one crimi
nal got the wrong fowl from the
right ice box, and one iu which an
other criminal got the right fowl
from the wrong ice box I
Puzzled.
Plattsburg Leader: The people
of Missouri will regret to learn
that the supreme court has found
technical points of law such as to
justify the court, in its own opin
ion, for setting Butler free. There
is a general belief that Butler was
guilty. The testimony of goou
witnesses proved that he had offer
ed money to members of the board
of health for the garbage contract.
It uow appears that the board of
health was not the proper body to
let the contract, although for time
out of mind it had been considered
to be the board's duty aud they
had exercised the power. So that
even if Butler did bribe some of
the board, or try to, he is not
guilty of a crime according to the
supreme court.
There ve one or two other tech
Platte
Missouri d
County Gazette: The
upreme court on Wednes
day reversed the finding of the
lower eourt in the case" of Ed But
ler, the Sjst. Louis politician, who
was tried; tome time ago iu the cir
cuit court of Booue county, and
convicted of bribery, aud sentenced
to three years in the penitentiary.
The supreme court not only revers
ed the finding of the lower court,
but discharged the defendant, thus
closiug the case. The decision of
the court was based upon the law
which pi-ovides that conviction for
bribery can only be had where the
party receiving the fee is the offi
cer iu control of the privileges or
contracts sought to bo secured by
the payment of the bribe. It was
showu that Butler offered the
money to the wrong man aud thus
escaped. Butler is pretty foxy.
Maybe he knew all the time whom
he was offering the money to.
Marshall Democrat News : The
supreme court has discharged Ed
Butler, not questioning the facts
upon which a jury of Boone county
fanners fouud him guilty of bribery
and sentenced him to tnree years
in the peuitentiary, but basing its
decision upon its interpretation of
the law. Yet he will be held
morally guilty before God aud
num., ..Me. Folk is not discouraged,
biif will prosecute Ed Butler with
the more vigor iu the other case,
in which Butler is accused of offer
ing the members of the house com
bine in St. Louis $47,500 for their
votes in favor of the city lighting
scheme. This case is said to be
much stronger than the first; iu
fuct, the evidence seems to be con
elusive.
Iloldeu Enterprise: Gantt, Fox
aud Burgess of the supreme court
No. 2 say his convictiou was nil
wrong as he only tried to bribe a
man, Dr. Chapman, who was not
a member of the board that award
ed the contracts. The work of the
boodle gaug has passed through
the courts and is now up to the
people. How do you stand ou itt
The St. Joseph News and Press:
The decision of the supreme court
is certaiuly astouishiug. It says
in effect that there is no punish
meut under the law for attempted
bribery if the briber approaches
an official who cannot deliver the
goods, or if he offers a bribe fot
benefits under a law before that
law is enacted.
Fultou Sun : This action has
put Judge James B. Gautt out of
the probabilities for'Goveruor, and
yet one must admire his fidelity to
that which he considered duty.
In adhering to what he considered
a strict interpretation of the law,
Judge Gantt has antagonized an
aroused public sentiment, has lost
a good chance to become Governor
and has invited thesevere criticism
of the pulpit, rostrum and press.
A &'W0Ct""f Wi'r 'Wi t MAKERS AiVYORK Mpl U 1
IIwSr mi
Ml feM
? 0 J
Christma
HANDSOHE
s : Exhibit
Has been prepared with greatest care for the benefit
of Christmas shoppers bent on presenting to their men
friends and relatives tokens of good will. Gifts that
men appreciate, and doubly so when exhibiting marks
of good taste and refinement.
Our unequaled showing of the newest in correct
dress for men will make this an interesting task.
There is also a satisfying assurance that every article
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We invite you to visit our store before buying and
look at the exquisite display nf Trrff
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THE "GUMMER" EXPLODED,
From the Ashland Bugle: John
Ong was badly hurt last Friday.
He was gumming a saw, when the
gummer exploded, a piece striking
him in the face, knocking out a
lower front tooth aud cutting his
lower lip wide open. Dr. W. It.
Smith was called up by 'phone and
hastened to assistance of the injur
ed man, who is now all right but
! suffering considerably.
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Neckwear,
Dress Shirts,
Day S irts,
Niht Robes,
Pajamas,
Silk Suspenders,
Silk Umbrellas,
Street Gloves,
Jew designs in Mufflers
Collars and Cliffs,
Silk and Fancy v,
Hosiery,
Driving Gloves,
Hats and Caps,
Suit Cases,
Smooking Jackets, or
House Coats,
Bath Robes,
White and Fancy Vests,
Sweaters,
Silk and Linen
Handkerchiefs,
Full Dress Protectors, j
EIC, EtC.
Store open every night until Christmas
JOE. & VIC. BARTH,
THE BIG CLOTHIERS
817,
COLUMBIA,
819 and 821 Broadway,
- - - - : - - MISSOURI.
kit
1M Sflw: $
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ft
7 tVilj
m 'i
. 4
iWff -'-l
Hon. Joseph W. Folk, the Famous Boodle Prosecutor, of St. Louis.
By Bartcy of MtMMti lttemB
s
Masons at Hinton.
Hinton, Mo., Dec, 17. At 2
o'clock p. m., above date, the follow
ing Master Masons in good standing
tret at their Hall in Hinton, Mo. :
A. W. Barnes, J. T. Wingo, C.
W. Newman, T. H. Stone, T. T. S.
Kemper, J. G. Kelly, Jasper Phil
lips, J. W. Pollock, I. R. Davis,
Isaac Alspach, Stephen March,
Robert Qoldsbery, Brother W. H.
Carpenter, D. D. G. L., present.
The following officers were elected :
A. W. Barnes, W. M. ; J. T.
Wingo, S. W. ; C. W. Newman,
J. W. ; T. II. Stone, Treasurer; T.
TV S Kemnftr Kpnrpfflrv .T CX
Kelly, S. D. ; J. A. Phillips, J.
I. R. Davis. S. S. : R. M. Go
bery, J. S. : J. W. Pollock, Tyl
lab orncers were auiv instauea ii
Brother W. II. Camenter. Reel
lar meeting 1st and 3rd Saturdal
nights in each month.
Calendar for 1904.
Four handsome plaques represen
ing the Bausons and a Calendii
Plaque for 1904 have been execute!
for the Malt-Nutrlne Dept. of tl
Anheuser-Busch Brewing Assocl
tion, according to the designs e
peclally painted by the celebrate
color artist, Mr. a. von Bues
They will; make bnautlf ul decorJ
tions for the home and can be prd
eured by remitting 26o to the Malfr
Nutrlne Dept., Anheuser-Busoh
Brewing Aia'n, St. Louis, Mo.
The sign of a Good .Shoe "0. B.
Miner."
