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title: 'The Conservative [microform]. (Nebraska City, Neb.) 1898-1902, December 15, 1898, Page 13, Image 13',
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Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
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. & lififc
. . . .
tbe ! Conservative * 13 I
LAW rilACTICK IN KANSAS.
The following is a copy of a brief , filed
iifan action decided in the supreme
court of Kansas , by Eugene F. Ware ,
who is not only a sound and witty law
yer , but a brilliant one as well. It
speaks for itself.
In tliu supreme court , state of Kansas : George
Lewis , appellant , VH. The State of Kansas.
( Appeal from Atchison , Kansas. )
Law. Paw. Guilt. Wilt. When upon thy
frame the law places its majestic paw , though
, ' in innocence or guilt , them art then required
STATEMENT OF THE CASE BY THE RE
This defendant while at largo
Was arrested on a charge
Of burglarious intent , '
And direct to jail he went.
But somehow he felt misused
And through prison walls he oozed ,
And in some unheard-of shape
He effected his escape.
Mark you now , again the law
On defendant placed its paw ,
Like a hand of iron mail ,
And re-socked him into jail
Which said jail , while so corraled ,
He by sockago tenure held.
Then the court met and they tried
Lewis up and down each side ,
On tlie good old-fashioned plan ;
But the jury cleared the man.
Now , J/OK think that this strange ease
Ends at just about this place.
X < tji , nut no. Again the law
On defendant placed its paw ,
This time takes him round the cape
For effecting his escape.
He unable to give bail ,
Goes reluctantly to jail.
Lewis , tried for this last act ,
Makes a special plea of fact ;
"Wrongly did they me arrest ,
As my trial did attest ;
And while rightfully at large ,
Taken 011 a wrongful charge ,
I took back from them what they
From me wrongly took away. "
When this special plea was heard ,
Thereupon the state demurred.
The defendant then was pained
When the Court was heard to say
In a cold , impassioned way :
"The demurrer is sustained. "
Back to jail did Lewis go ,
But , as liberty is dear ,
He appeals , and now is here
To reverse the judge below.
The opinion will contain
All the statements that remain.
ARGUMENT AND BRIEF OF APPELLANT.
As a matter , sir , of fact ,
Who was injured by our act ?
Any property or man ?
Point it out , sir , if you can.
Can you soi/.o us when at large
On a baseless , trumped-up charge ,
And if we escape , then say
It is crime to get away ?
When wo rightfully regained
What was wrongfully obtained ?
Please the Court , sir , what is crime ?
What is right and what is wrong ?
Is our freedom but a song
Or the subject of a rhyme ?
ARGUMENT AND BRUSH1 OF TIIR ATTOIINKV
FOR THE BTATK.
When the State that is to say , ; u - .
take liberty away
When the padlock and the hasp
Leave one helpless in our grasp ,
It's unlawful then that he
Even drnnni of liberty ;
Wicked dreams that may in time
Grow and ripen into crime ,
Crime of dark and damning shape
That if ho , perchance , escape ,
Evermore remorse will roll
O'er his shattered , sin-sick soul.
Please the Court , sir , how can we
Manage people who got free ?
REPLY OF APPELLANT.
Please the Court , sir , if it's xln
Whore does lurjittmlt' begin ?
OPINION OF TUB COURT PER OUR1AM.
We don't make law. We are bound
To interpret it as found.
The defendant broke away ;
When arrested ho should stay.
This appeal can't be maintained ,
For the record does not show
Error in the court below ,
And wo nothing can infer.
Lot the judgment bo sustained ;
All the justices concur.
NOTE BY THK REPORTER.
Of the sheriff -rise and sing
Glory to our earthly king.
FOR TIAHS.enuo laws
braska are merely
i protective tariff to encourage the per
nicious industry of manufacturing lies.
The present system of tax levying and
tax collecting in this state ought to be
Under its inspiration mendacity has
become epidemic. The biggest liar is
rewarded with the least taxation.
Under this system of swindles , pre
cinct assessors , in the open daylight , as
semble at the court house and deliber
ately agree to the lies they will officially
relate under their oaths of office. They
arrange to piit horses at ten dollars ,
cows at five , and hogs at two-fifty a
head or at some other absurdly ridicu
They likewise determine to call a dollar
lar twenty-five cents for the purpose of
This compact for telling lies is made
every year in every county in Nebraska.
The law , however , declares that all pro
perty shall be assessed at its selling or
exchangeable value. But in Otoe
county the precinct assessors declare
that if this provision be adhered to am
rigidly observed , in assessing and collect
ing revenues , we shall be obliged to pay
more than our share of state taxes be
cause Nemaha on the south of Otoo anc
Oass on the north of Otoo never comply
with this provision of the law. In fac
everybody knows that nobody obeys
The whole present system should be
erased from our statute books. The
actual value of all property , real ant
personal , should be given in by al
owners. The truth should be told.
There should bo only one assessor foi
each county. That assessor should have
power to appoint deputies and authority
o revise their returns. One man , one
m'nd , should bring about just and uni
form valuations for each county.
The revenue raised directly for the
naintoiiance of the state government
should bo by taxation on lands , real es-
; ate only , and for this purpose there
ought to be a valuation made to stand . < ,
'or five years by the auditor of the
state , or some officer of the executive
branch of the government at Lincoln.
If Nebraska could achieve a just and
equitable revenue law at-the coming
session of the legislature the good name ,
ligh credit , and financial solidity of the
citizens individually and the common
wealth as a concrete , and composite also ,
would amaze the world. In the clear
ight of plain truth , as to its property ,
real and personal , Nebraska will demon
strate her wealth to be five to ton times
greater than it seems when lighted up
by liars competing with each other
; o see who shall pay the smallest sum
into the public treasury.
General John O. Cowin , an eminent
.awyer.a princely personality and a char
acter without blemish , is kindly and
proudly named by some of his numer
ous friends in Omaha for United States
senator. General Cowin would make
no Nebraskan ashamed by the ability ,
dignity and sense of duty which ho
would carry into that high and honor
able position. He is a splendid type of
Lincoln and Lancaster county politi
cians and people seem very generally
to believe that the probabilities of elect
ing their distinguished and popular
follow citizen , D. E. Thompson , to tl e
United States senate are constantly in
creasing. Otoe county and Nebraska
City folks are in strong faith that Judge
Hayward will be elected next month to
the United States senate.
J. Sterling Morton wields a Damascus
blade of finest steel in THE CONSEUVA-
TIVE , in his thrusts , guards and lunges
upon the vulnerable armor of the 10-to-
lers. We are so charmed by his brilli
ant charges and counter charges upon
the foe that we forget , for the time be
ing , his early education whereby he was
stranded on the free trade reef , as
against the American doctrine of pro
tection. Pawnee City Republican.
THE CONSERVATIVE , by J. Sterling
Morton , is probably the only journal of
its character in the West. It is devoted
to a discussion of current events and the
editorial ability displayed is equal to any
publication in the country. It is cer
tainly a valuable publication and well
worth the price. Gage County Demo
Jim Corbett is as dead as free silver.
What is the need of putting it so very