Los Angeles herald. [microfilm reel], September 18, 1910, Page 5, Image 5

About Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911

Image provided by: University of California, Riverside; Riverside, CA

                
T.R.INVADES THE
ENEMY'SGOUHTRY
Defends New Nationalism and
Explains Criticism of Su
preme Court
CITES DECISION OF TAFT
Commends Some Administration
Acts but Does Not Indorse
It as a Whole
(Continued from Pace One)
ago In favor of public criticism of the
courts he quoted.
EXPIATNS CRITICISM
"Take for Instance," he continued,
"what I said in reference to late de
cisions of the supreme court. One de
cision was In the Knlg-ht sugar case,
in which, according to the dissenting
opinion of Justice Harlan, the court
placed the publl-, so far as national
power is concerned (the only power
which could be effective), entirely at
the mercy of the combinations which
arbitrarily control the prices of
articles purchased to bo transported
from one state into another state.
"I merely took the view which the
learned Justice had taken In hlB dis
senting opinion. Those who criticise
me are also criticising a justice of the
supremo court, Mr. Harlan. Do my
critics take the position that the
people shall not bo able to control the
activities and management of these
great monopolistic corporations doing
an Interstate business? If so, let them
Irnnkly avow their position. If not,
let them erase their criticism."
Thr> othor case mentioned wns one
prohibiting New York state to regulate
hours of work in bake shops, and
again the speaker said he had baaoa
his criticism on a dissenting opinion
■within the court itself.
IJNOOI.N ASSATJ.BD
"Fifty-thrrn years ago," he con
tinued, "Abraham Lincoln was assailed
for his repeated criticisms of the
supreme court in the 'bred Scott' case.
As regards this decision," he an
nounced, "not once, but again and
again, he held it to be not merely the
right, but the duty, of citizens who
felt that judicial decisions were er
roneous and damaging loyally to abide
by the decisions as long as they stood,
but to try hard to secure their reversal,
his language on one occasion being as
follows:
" 'We do not propose to disturb tne
rights of property thus settled. We
propose so resisting the decision as to
have the question reopened if we can
and a new judicial rule established
upon the subject.'
"He repeated this statement in
•tightly differing language in speech
after speech. Moreover, he nsed very
strong language about the decision
far stronger than I dream of using, or
that it would be proper to use about
the decision with which I now deal.
But his view as to his right and duty
to call attention to an erroneous de-,
cision which vitally affected the rights
of the people was, I think, entirely
sound. If I have erred in comment
ii. B - ss I have commented upon the de
cisions in question. I err in company
with Abraham Lincoln.
SIMS UP ORITiriSM
"The criticism of me is perhaps ■well
summed up in the following speech of
an eminent public man:
" 'He makes war on the decisions of
the supreme court.'
"I wish to say to you, fellow citizens,
that I have no war to make on that de
cision, or any other ever rendered by
the supreme court. I am content to
take that decision as It stands deliv
ered by the highest tribunal on earth,
a tribunal established by the consti
tution of the United States for that
purpose and hence that decision be
comes the law of the land, binding on
you, on me and on every other good
citizen, whether he like it or not.
Hence I do not choose to go into an
argument to prove before this audience
whether or not rie (the chief justice)
understood the law better than Theo
dore Roosevelt.
"Now, gentlemen, I have made one
change in the above quotation. The
last words were not "Theodore Roose
velt.' The last words were 'Abraham
Lincoln,' and this attack made nearly
fifty-three years ago against Abraham
Lincoln is precisely and exactly the
kind of attack made upon me at the
moment. Abraham Lincoln felt and
professed throughout his life the same
profound respect for the supreme court
that of course I feel, and that I Have
again and again, in public speeches
and messages as president of the
United States, expressed. An upright
judge is a higher and better public ser
vant than any other man can possibly
be and it Is a cause of pride to every
American citizen that our supreme
court is the most influential judicial
tribunal In the entire world. I have
quoted Abraham Lincoln; let me quote
him again:
IJNCOI'N'S WORMS
" 'We believe in obedience and re
spect for the Judicial deparament of
the government. We' think its de
cisions on constitutional questions,
when fully setled, shall control.'
"I agree absolutely with this sentence
of Abraham Lincoln, not' the less be
cause I also believe in what Lincoln
said immediately afterward:
11 'But we think thto decision erron
eous and we shall do what we can to'
have It overruled.'
"Nor do I hay« to go only to the
statements of the p>st for precedents.
The president of the United States,
Mr. Taft, has served hia country hon
orably and uprightly in many positions
as judge, as governor of the Philip
pines, as secretary of war and now as
president—for to him and the congress
acting with him we owe the creation
of a tariff commisskm; the adoption of
maximum and mjwmum tariff law
treaties with forejfrv powers; the prop
er treatment ofJEh* Philippines under
the tariff; the increase in the efficiency
of the interstate commerce law; the
beginning of a national legislative pro
gram providing for the exercise of the
taxing power in connection with cor
porations doing an Interstate business;
a postal savings bank bill; the consti
tution of a commission to report a
remedy for overcapitalization in con
nection with the tfßue of stocks and
bonds; but few of his services are
more deserving of record than what he
said in this matter of criticism of the
judiciary.
LJNCOI.N QUOTED
"Speaking as a United States circuit
judge, fifteen years ago, he said: "The
opportunity freely and publicly to
criticise Judicial action is of vastly
more importance to the body politic
than the immunity of courts and
judges from unjust aspersions and at
tacks. Nothing tends more to render
judges careful in their decisions and
anxious to do exact Justice than the
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consciousness that every act of theirs
is to be submitted to the intelligent
scrutiny and candid criticism of their
follow men. In the case of judges
having a life tenure, indeed, their very
independence makes the right freely
to comment on thejr decisions of great
er importance because it is the only
practicable and available instrument in
the hands of n free people to keep such
judges alive to the reasonable demands
of those they serve.' "
The address closed with the only
words that could be construed as hav
ing any bearing on the immediate po
litical situation within the Republican
party of this state.
"It is necessary and desirable," said
the colonel, "that there should be
leaders, but It is unnecessary and un
desirable that there should be bosses.
The leader leads the people; the bj«is
drives them, yhe leader gets his hold
by an open appeal to the reason and
conscience of his followers, the boss
kaeps his hold by manipulation, by In
trigue, by secret and furtive appeal to
many forms of self interest and some
times to very base forms.
"Progress there must be, but it must
be wise, sober and moderate if it were
to be permanent.
"Prosperity must be preserved, for
material well-being was a great food,
but it was only a foundation for a
lofty national life, raised in accord
ance with the doctrine that 'righteous
ness exalteth a nation.' "
ITALIAN GOVERNMENT HAS
BIG PROFIT FROM LOTTERY
WASHINGTON, Sept. 17.—A profit of
about $9,000,000 accrued to £he Italian
government last year through the na
tional lottery, run under government
control. The total lottery receipts
were nearly $16,500,000, half of which
the state paid out In expenses and win
nings.
The lottery business Increased more
than $1,500,000 over the preceding year,
according to a report by Consul General
Smith at Givoa.
LOS ANGELES HERALD: SUNDAY MORNING, SEPTEMBER 18, 1910.
'PATRONAGE LETTERS' SENT
TO DEPARTMENT HEADS
Copies Mailed from Beverly to
Washington Office Holders
WASHINGTON, Sept. 17.—Indica
tions multiply that the letter written
by Charles D. Norton, secretary to the
president, to an unnamed politician is
an expression ot the policy of Presi
dent Taft to be followed by the vari
ous departments of the government in
their attitude In matters of patronage
toward all Republicans whether they
be insurgent or reguar.
Copies of the letter have been sent
from Beverly to the executive heads
of departments in Washington. The
copies were not accompanied by a let
ter of transmlttal directing the depart
ment heads to heed the suggestions
contained In the letter, but merely by
a note that the letter had been written
by authority of the president.
The letter Itself Is a direct statement
that so far as federal patronage is con
cerned the "regular" Republican and
the "Insurgent" Republican will look
alike to President Taft and is ac
cepted as significant of the attitude of
the president and of his Intention to
place all Republicans, whether they be
classified as "regulars" or "insurgents,"
on the same plane, so far as patronage
is concerned.
The receipt of the letter created con
siderable comment among 1 department
officials today, but no difference of
opinion regarding it was expressed.
TURKEY AND RUSSIA COMBINE
PARIS, Sept. 17.—The Temps con
firms the raport that Turkey ani Rus
sia have entered into a military ulli
ance and says the convention indi
cates Turkey's rapproachment with
the powers in the triple alliance.
SCHWAB MAY CONTRACT
FOR CHINA BATTLESHIPS
SAN FRANCISCO, Sept. 17.—A daily
newspaper this morning state i that
Charles M. Schwab, president of the
United States Steel corporati »i, is to
meet Prince Tsai Hsun, brother of the
Chinese prince regent, in this city to
arrange details for the building of a
fleet of Chinese battleships. S ;hwab
is expected here tomorrow in conpiiny
with H. P. Snyder, vice president of
the steel corporation. The prlne-j will
reach port ear%- Sunday or Monday.
In support of its contention th.it the
American shipyards are likely to be
given the work tha, paper quotes
John McGregor, president of the Union
Iron works of San Francisco, as say
ing:
"When the Chinese government first
determined upon bululding a navy the
Bethlehem Steel company, through Mr.
Schwab, drew up plans and speciflac
tlons for the vessels. These, I under
stand, have been favorably considered.
My Information is to the effect that
the Chinese want twelve or fifteen
ships."
MAN KILLER SLAIN BY
PARTNER IN MEXICO
DOUGLAS, Ariz., Sept. 17.—A report
reached here today that Charles Cum
mings, a well known rancher, was
shot by his partner, Van Lee, In front
of the Woodward hotel in Moctezuma,
Sonora, last night. The two men had
been on bad terms for some time.
Lee used a rifle, the bullet passing
through Cummings' stomach and
breaking his backbone.
Cummings had a record in the south
west. Ho is said to have killed his
own brother in Texas, a man in Ben
son and another in Flagstaff. He was
married and leaves one daughter, who
lives here.
RAILWAY COMPANIES RACE
FOR ROUTE ACROSS ALASKA
British Columbia & Alaska Beats
Grand Trunk Pacific
VANCOUVER, B. C, Sept. 17.—The
British Columbia & Alaska Railway
company, organized by a syndicate of
New York bankers to build a railroad
across southeastern Alaska ' and to
Vancouver from Alaska, has be&ten
the Grand Trunk Pacific in the race
for a route.
With the Ottawa department of rail
ways rests the flnal-^decision on the
preliminary route plans, the British
Columbia & Alaska being the first to
file these. The Americans were able
to prepare and forward these ahead
of their rivals by having their engin
eers in the field fully two months be
fore the Grand Trunk surveyors be
gan.
This is the second time the Grand
Trunk has been engaged in a route
race to "Vancouver. In the forme' 1 in
stance the Grrand Trunk lost and
MacKenzie & Mann of the Canad'an
Northern won the decision of the Ot
tawa minister. They had filed Identi
cal plans, but the Canadian Northern
was first.
If the American capitalists win their
application for federal approval of
their plans they will reap a decided
advantage.
MEXICAN FORGER SENTENCED
STOCKTON, Sept. 17.—Theodore
Viescas, a Mexican, was sentenced to
serve two years in Folsom prison today
by Judge .1. A. Plummor. Vlchohs
pleaded guilty to forging a check for
JlO 35 on the Farmers and Merchants
bank of this city. He would offer no
explanation for his act.
SUNSHINE PREVENTS LOSS
TO RAISINS FROM MOISTURE
FRESNO, Sept. 17.—Fresno is ex
periencing its first day of warm sun
shine since the recent rainstorm. In
vestigations made ; esterday by agents
of the. local packers reveal the fact
that the damage done to the exposed
raisin crop by the rain will be reduced
to a minimum by the present sunshine
should it continue for two or three
days.
The warm weather came just in ( time
to prevent great loss. It is said by
packers and growers generally that
had rainy or cloudy weather continued
for two days more the raisins still on
the trays would have been good only
as hog feed.
The growers today are actively en
gaged in turning the moistened raisins
in order that they may thoroughly ab
sorb the warm sunshine.
BEATEN BY ASSAILANT
OF GIRL, UNCLE DIES
ARKANSAS CITY. Kas., Sept. 17.—
J. W. Shepard, uncle of the 13-year
old girl assaulted by a man in New
kirk 1, Okla., yesterday, died late last
night as the result of injuries received
at the hand of the assailant. Before
attacking the girl the criminal beat
both J. W. Shepard and Taylor Shep
ard, father of the girl, into insensibil
ity with an ax. Taylor Shepard died
yesterday.
Walter Cassldy, the young man ar
rested yesterday In connection with
the case, Is still held. The girl Is yet
unable to give full details of the mur
ders and assault.
INDIANANS NOMINATE KAMMAN
MADISON, Tncl., Sept. 17.—John H.
Kamman of Seymour was nominated
for congress by the Republicans of the
Fourth Indiana district hero today.
BARBERS TO ELIMINATE
TIPS AND ASK REGULATION
Will Try to Put Trade on Profes
sional Standing
PITSBURG, Sept. 17.—A movement
Is on foot among barbers themselves
for "tipless barbery" and the elevation
of theis profession to "T. p.," or "Ton
sorial Doctor."
Dr. J. C. Shannessey. general organ
izer of the International Barbers'
union, is here promoting 1 the move
ment. He declares that in nineteen
states some sort of state board exam
ination is required of barbers, and
many are accustomed, like medical
men, to ■end in monthly or quarterly
bills.
In an address to the local union he
urged that Pennsylvania adopt a
license and degree plan, and announced
that ut the national convention of bar
bers at Indianapolis September 22, the
best law now in existence would be
selected an a model indication of na
tion-wide uniformity in requirements
for the profession.
ENGLISH BISHOP COMING
NEW YORK, Sept. 17.—The Rt. Rev.
Dr. John Wordsworth, a nephew of tho
English poet, will arrive In New York
this week to be the guest of the Rev.
Dr. William Manning, rector of Old
Trinity. He will preach in Trinity
September 25, and is scheduled to be
a guest at several social functions with
in the following few days. He is the
bishop of Salisbury, England, and the
son of a bishop. The bishop comes to
this country principally to attend tho
Episcopal conference in Cincinnati in
October, whore be is to make on* of
the principal addresses. Be will spend
several weeks in New York and also
will ro to Niagara Falls and Canada.
5