Newspaper Page Text
. r"- I TEN THOUSAND EXTRA COPIES OF THE BROAD AX WILL BE DISTRIBUTED FREE AMONG THE COLORED PEOPLE RESIDING ON THE SOUTH SIDE SATURDAY, APRIL 8, THREE ' PAYS BEFORE THE PRIMARIES. NOW IS THE TIME TO SECURE WRTjCE-UPS IN IT. THE BROAD AX SCENTS per copy VOL. XXVIL CHICAGO ILL, SATURDAY, APRIL 1, 1922 No. 28 - - Read The Broad Ax snd Be happy Judge John R. Caverly, Wniie Presiding Over the Small Claims Branch of the Municipal Court, in the Spring of 1919, Boldly Assassinated Justice, Trampling the Law Under His Feet as Expounded by Blackstone, Kent Marshall and Taney, When He Declared or Ruled That a Newspaper Owner Must Have His Advertising Contract in Writing Before It Will Stand Up in the Courts of This City or the State of Illinois. MRS. HELENE gp Successful Business Woman; President of the Woman's Pro tective Association; Housewife; Noted Musician; Welfare Worker; Constructive Citizen; Republican Candidate for County Commissioner. Her Both Men and Women Can Tuesday, April 11. H"4 BSHB jBH HON. FRANK S. RIGHEIMER The Honorable and Straight Forward Judge of the County Court, Who U Held m the Highest Esteem by All Classes of His Fellow Citizens Throughout This City and Cou&ty, and Without the Slightest Oppositioa He Will Be Re-aoax-aated for His Preseat Powtioa Tuesday, April 11th, Which Speaks Volumes for His Integrity and Honesty. Name Is 14th on the Ballot. Vote for Her at the Primaries, On Monday evening, February 22, (Washington's Birthday), in 1914, we called at the place of business of Al derman Swift, 54th Place and South Halsted Street, as we had been re quested by him to do so, and his sa loon was crowded down with big and small would-be politicians who were seemingly endeavoring to drink up all the wet goods he had in his saloon, talking loud and having a rip-roaring time. Finally Attorney Walter T. Stan ton, who was at that time the mouth piece for Alderman Swift, appeared at the end of the long wet bar, threw down a five-dollar bill on it and in vited everybody to have a drink on Alderman Swift, and while the poli ticians and the" rag-tag element were deeply engaged in drinking to the health and the success of Alderman Swift at the primaries the next day, Mr. Stanton eased up to us and in formed us that Alderman Swift would not be out in his saloon that evening, that he was busily engaged in count ing out the money which was tcTbe used at the polls, that whether he was renominated or defeated at the primaries that our bill would-be paid just the same, that Alderman Swift had instructed him to heartily thank us for what we had done for him un til we were better paid. On th,e next day, primary day, Tuesday, February 23, 1914, Hon. William R. OToole hot-footed Al derman Swift out of the city council from the 30th "Ward! "Vithin five or six days after the primaries we sent Alderman Swift a bill for twenty-five dollars for inserting his double-column cut and advertisement in the columns of The Broad Ax as he had ordered us to do. Receiving no indications at the end of the first thirty days from Alder man Swift that it was his intention to pay the bill we called in to see him one morning shortly after that time and he ordered us to come back with in the next few days and he would pay the bill. A few days after that time we made another call on him as requested, then he informed us that he was too busy to talk to us and that we would have to call again and from that time until we started suit against him in the Municipal Court of Chicago, by actual count, we called on him twenty-five times. Sometimes he would run and hide when he would behold us hoving in sight. Every time that he would enter the city council committee rooms he was too busy to talk to us. Several times we caught him when no one was around for him to converse with. He would then state, "I-will be back in a few moments," and when he was ready to take his departure he would slip out through the council chamber proper and make his "get-away." Finally, one dav we waited tor one whole hour gt the side of the double doors leading from the council cham ber and at the .end of that time we were rewarded for our trouble for at last he rushed out of the big doors and came very near falling right square into our arms and he turned a thousand different colors in the face at one time. At the expiration of six months after calling on Alderman Swift more than twenty-five times in an effort to collect the money which honestly belonged to us, we became firmly con vinced that he was playing "horse" with us. Then we instructed Mr. Walter M. Fanner, who was our lawyer at that time, to write a letter to Alderman Swift and plainly Mrs. Helene Danek, Republican Can didate for County Commissioner Mrs! Helene Danek, candidate in tho- Republican primary for County Commissioner, is featuring in her campaign a pledge that if elected she will use her influence to establish a municipal lodging house' to furnish a clean, temporary shelter for women. - "The woman temporarily out of funds and away from friends is in a hard situation;" says Mrs. DaneJ who is''the riie of Dr. David Hill Danek. Th desperation many of them seem to tSiakf tftere is only ose of two things for them the lake or vice. A temporary free shelter for penniless inform him that we had not the slightest desire to cause him any trou ble but if he failed to settle his bill within fifteen days from that time, we would start suit against him in the Municipal Court of Chicago for our money. Two weeks went by and Alderman Swift paid no attention to the letter. At the expiration of that time we requested Lawyer Farmer to write a second letter along the same line and another two weeks passed by and still he paid no attention to either letter. Then suit was started in the Municipal Court of Chicago against him for $25 and costs. Then Mr. Walter T. Stanton, law yer for Alderman Swift, came running after us with his tongue hanging out like a wild man, stating that if we would settle the suit or case for $10 that he would give us the money right then and there. We requested him to go plumb to Hades with his $10; that we fully intended to collect the full amount of the face of the bill or know the reason why. The case finally came up for trial before his honor, Judge Sheridan E. Fry. At that time we did not know Judge Fry and had never spoken one word to him. When the case was called Judge Fry wanted to know if both sides were ready for trial, and Mr. Farmer and Mr. S'tanton responded, "Yes, your honor." Then Mr. Farmer re-, quested us to taker the witness stand. Then we produced a copy of The Broad Ax dated Saturday, February 20, 1914, which contained the adver tisement in question and we exhibited the double-column cut of Alderman Swift which was run in the paper at the same time along with the adver tisement. Judge Fry read the reading matter over very carefully, then he fastened his sharp, keen eyes upon us, and in a slow, firm voice he said, "What are your advertising rates, Mr. Taylor?" We promptly replied, "Fif teen cents per line for straight read ing matter and twenty-five and forty cents per line for display advertise ments. Then he wanted to know what rate had we charged Alderman Swift and we responded the lowest rate fifteen cents agate-line measurement. After we had finished testifying Judge Fry asked Mr. Stanton if he wished to make an argument, and Mr. Stanton informed his honor that twenty-five dollars was too much money to pay for an advertisement in The Broad Ax, as it was only read by a very few colored people residing in the 30th Ward. Then Judge Fry reflected for a few minutes, straightened up in his chair and said very firmly, "Twenty-five dollars and costs." And within fifteen days from that time we had the twenty-five dollars and the costs of the court right in our hip pocket. Judge Fry, who was one of the most honorable and .upright judges on the Municipal Courf'bench simply decided the case according to the law and the evidence as shall note later on. While, on the other hand Judge John R. Caverly simply decided the case against us and in favor of the Hon. Anton J. Cermak from a po litical point of view in order to help out his big political friend, and by clutching Justice by the throat and crushing it out and by stabbing the law in the back and -trampling it inf the dirt under his excitable judicial feet. Judge Caverly has become the women, women who are decent, but broke, is sadly needed in Chicago.'' Ifrs. Danek, as president of the Woman's Protective Association, 715 County Building, an organixatloc rec ognizing no race or creed, ha done a great work among women, aad her friends declare that she trill perform a most valuable service to the com munity as a member of the County Board. The object of the Woman's Protective Association is to lend pro-, tection, aid and human sjnpathy to deserving penniless women. Mrs. Danek's proudest boast is that 98 per laughing stock of all the able lawyers residing in this section of the world. The first of this week one of the most prominent white lawyers in this city, who understands the law from A to Z, prepared the following brief which touches upon the laws govern ing parole (oral) or written contracts or agreements and these quotations deal Judge Caverly some mighty hard blows from a legal point of view. THE LAWS GOVERNING PA ROLE (ORAL), WRITTEN AGREEMENTS OR UNWRIT TEN CONTRACTS, FOLLOWS: "Assume that The Broad Ax has substantially stated the facts relative to the case of Taylor against Cermak tried before Judge Caverly while he was a Judge of the Municipal Court. "The question to be determined was whether there was a valid contract. (The facts and circumstances clearly indicate there was such a contract. The accurate political write-up and the cut of Mr. Cermak delivered to Mr. Taylor in themselves make a strong prima facie case. Advertising is a merchantable commodity iikc sugar or corn. Editors and publish ers do not give that commodity away any more than the merchant gives sugar away. Add to this prima facie case the conversations between Mr. Taylor and Mr. Cermak, as well as Mr. Cermak's secretary, together with the exhibit of the printed, advertise ment, and it is hard to understand how the facts could be determined other than as indicated above. 'There is no law or legal author ity that requires an advertisement contract to be in writing. It might be the better policy for a publisher to pursue that course, but whether in writing, or by parole agreement, the courts will enforce such a con tract once the facts are so determined. "The above is so elemental that the courts seldom have to pass upon the proposition. Commentators and Courts alike. speaking through Blackstone, Kent, Marshall and Taney, have said that 'a contract is an agreement upon suf ficient consideration to do or not to do a particular thing.' "Here we have an agreement that for a certain money consideration a certain political advertisement would be published. "The Supreme Court of Kansas has given a definition of a contract (State vs. Barker, 4 Kansas, 379) that is fre quently referred to for its complete ness: 'The agreement of two com petent parties about a legal and com petent subject matter, upon a mutual legal consideration, with a mutuality of obligation.' "Analyze the above in the light of the facts. Taylor and Cermak, 'two competent parties.' Publishing Jhe picture and article, 'legal and compe tent subject matter.' The amount Cermak was to pay, 'mutual legal consideration. The published picture and article, 'a mutuality of obligation.' In Alwater vs. Lockwood, 39 Con necticut, page 39, the Court held 'it was the meeting of minds of the con tracting parties. "Pollock, on Contracts, says, 'A contract is an agreement or promise enforcible by law.' 'JLcake, on Contracts, says. 'An agreement containing a promise made by the one party for a valid consider ation and agreed 'to by the other party.' "A hundred other authorities of like import might be cited. There is no cent of the women who apply to the Woman's Protective Association for assistance are plaintiffs and not de fendants. "I think that women on the County Board," said Mrs. Danek, "would be able to bring some improvement even in our county institutions. The men have done pretty well,bnt the woman mind and viewpoint might add a little to the situation." Mrs. Danek before her marriage was a successful business woman. She has studied in Europe, and is a noted musician. w X .;$' ''Bfeyji'''B' & JjP BeBKS "'-l HON. SAMUEL A. ETTELSON By Far the Best and the Wisest Corporation Counsel That Chi cago Has Ever Had Who Will on Tuesday, April 11, Be Re-Nominated to Make the Race for the State Senate from the Third Senatorial District of Illinois. law in. the State of Illinois that re quired a contract of the kind in ques tion to be in writing. The Consti tution of Illinois prohibits special leg islation, so consequently the contract that is good between the baker and his customer is good between the printer and his customer. To be otherwise would be special legisla tion in favor of one class as against another class. "The contract was a valid enforci ble contract whether by parole (oral) agreement or by written agreement." In conclusion we wish to heartily thank our highly esteemed friend for the valuable legal brief, for in the future it will stand as a just rebuke to all thoughless judges who attempt IHJ n J''''HHBH''HL -K BB6& '' - 4HBSiEHHflBHBRlb &&& HON. SHERIDAN E. FRY One of the Former Ahle Jadges nn virm t D ..:?. t to Make the Race for Ose of the Jadgeshsof That Caart, 1m 1914 He Entered Up Judgment for Twenty-Five Dofars a Cost m the Mwucfcal Cowt Against Aldenaaa Joseph A. 5wrft m Farer of JtJias F. Taylor. to set themselves up as being greater than the well established laws of the land, and who entertain the foolish idea that the common people and especially colored people possess no legal" rights which they are duty bound to respect. Once more we wish to state that for more than twenty years we have transacted business with hundreds of the most prontiricnt Republicans and Democratic politicians residing in this city and throughout the state of Illi nois and we never had any trouble in collecting our money from them until wc came in contact with Alder man Joseph A. Swift and the Hon. Anton J Cermak. of the Maokipal Cowt ef Chicago, f ft Pmaaruts TbmV. ASTM llW.