The Elk Mountain pilot. [volume], July 27, 1922, Image 2

About The Elk Mountain pilot. [volume] (Irwin, (Ruby Camp), Gunnison County, Colo.) 1880-19??

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The Elk Mountain Pilot
C. T. RAWALT, Publisher
MATTIE L. MILLER. Local Editor
Entered as Second Class Matter at the Postoffice at
Crested Butte, Colorado.
Advertising rate cards furnished on application
Subscription $2.00 per Year
WONDER if those patriots who kicked Hetherington
and his followers out of the democratic party two years
ago do not wish they had adopted gentler tactics?
WE cannot help asking our friends to read the La
Follette speech started as a serial in this paper. It will
run for about three weeks. Save the papers and read it.
It is one of the speeches that will become historic.
HENRIETTA tried to cop the ballots in precinct one
after he had been trimmed by the Hetherington combine.
He wanted to go over them and find out which ones of
his friends had double-crossed him. M. J. Schmitz gently,
but firmly* said no. Henrietta will not love him any more.
AND now the Moffat Tunnel faces an injunction suit
initiated by an aggrieved taxpayer. Meantime salaries of
high priced boards, assistant boards, stenographers, and
clerks, and assistant stenogs and clerks goes on. After
things are settled there will be very little left to dig the
tunnel wih and then will come the yodel for state help.
AT the time of going to press there is nothing en
couraging in the railroad strike situation. Neither is
there any indication of improvement in the coal situa
tion. Unless something occurs to materially change con
ditions another week is going to see very distressing con
ditions in the great cities and in manufacturing districts.
THE railroad strike is teaching the managers one
lesson which they might profit by. Incidentaally it shows
one of the important elements of waste which might be
eliminated. Now, when mechanics are off duty, traveling
engineers and firemen, trainmasters, assistant superinten
dents, all supposed to be necessary as advisers and super
visors in time of peace, and called executive forces, are
being used to keep machinery in repair. If they are
available now they would seem to be accesible when the
roads desire to operate economically in times of depres
sion. Trains keep moving and everything seems fairly
smooth with the assistance of men regarded as necessary
in other service. Apparently the management can be re
vised to the benefit of the service and the cheapening of
operation.
OUR cartoon this week quite brilliantly endorses
what we have said for at least three years about Herbert
Hoover. During his activities under the Wilson admin
istration he wrote himself a servile tool of big business.
He helped the profiteers to clean the people, he promoted
graft and crookedness and protected every crook who con
spired to rob both the government and the people, and
yet through the propaganda of a subsidized press, he be
came almost the choice of both parties (as shown
through their leaders) for the Presidency. Evidently he
wanted to be chosen by both parties at once as he studi
ously refused to declare himself a member of either. He
has been boosted and eulogized by every kept paper in
the land and praised by a host of others who were influ
enced by what they read and did not understand. He was
pushed on Harding as the ablest representative of privi
lege in this broad land, and he is doing his very damned
est to prove his loyalty to them. Baer seems to have put
it very cleverly.
THE Democratic primaries in this county were a per
fect landslide for progressive ideas. Evidently the in
sistent propaganda of the Empire and its associate papers
was waking people up more than was indicated by their
6poken words. Perhaps the seed was watered to a great
extent by the huge tax increases piled on the people, par
ticularly in the last two yeare. Suffice it to say that the
bi-partisan machine is just about wrecked, so that even
Joe McDermott can’t fix it. As one stalwart dem
ocrat said: “The Republican wing of the Democratic
party is broken.” Those Democrats that voted for Shoup
last year were ditched in every case but one and that
don’t count. The promise that the county would be de
livered to Mr. Weiser, wpb resented, and a mixed delega
tion agreed on by Wm. E. Sweet’s friends will go to the
State Assembly. At no time have the Sweet supporters
tried to hog things. Mr. Weiser is thought well of in
this-county and he has friends who desire him over any
other. They will be present in the Assembly and cast
their votes as they please without instruction or dicta
tion So will the Sweet men. In other words the county
is democratic atrain. Republicans will not dictate its
policies unless the people elect them to the offices on re
publican tickets. The Empi-re, The Miner, The Elk Moun
tain Pilot all congratulate the voters of each and every
precinct. Apparently the Progressive democrats have
carried them all.
SENATOR HITCHCOCK RENOMINATED
THE renomination of United States Senator Gilbert
M. Hitchcock of Nebraska, by an overwhelming plurality
is a fine tribute to that able, outstanding, progressive
Democratic Senator, and the best assurance that his emi
nent services in behalf of his state and the nation at
Washington are fully appreciated at home. His vast ex
perience and knowledge of legislation coupled with his
qualities of leadership assures Nebraska a prominent and
enviable place in national affairs as long as he remains
in the Senate.
While tho Republicans are repudiating and discard
ing Senators who have served only the reactionary ele
ment of their party at the expense of the country, the
renomination of Senator Hitchcock by such a great vote
as he received is a refreshing contrast, and shows that
the people are willing and anxious to reward faithful ser
vice f o their interests instead of to their enemies.
ANNOUNCEMENT
The undersigned desires to announce himself as a
candidate for the office of Representative in the Twenty
fourth General Assembly, subject to the will of the peo
ple of the county as expressed by the Democratic County
Assembly. Yours respectfully,
CHARLES H. COWAN.
ANNOUNCEMENT
The undersigned desires to announce himself as a
candidate for the office of County Assessor, subject to the
will of the people of the county ns expressed by the Dem
ocratic County Assembly. Yours respectfully,
A. M. THOMAS.
SUNDAY NIGHT MUSINGS
By C. T. RAWALT
IT is with more than usual sadness that we turn a
rule for grand old C. A. Frederick, long time resident of
this county and until his demise last week, editor and
publisher of the Montezuma Journal. In the early days
Mr. Frederick run a paper in Pitkin and Tin Cup in this
county. Later he moved to Paonia and established the
Gazette, and largely through his efforts was that wonder
ful valley developed into the garden spot it is. Later,
under the stress of competition, he removed again to Cor
tez where he again became a newspaper power. Mr. Fred
erick was very tenacious of his convictions. In middle
life he espoused the Advent religion. His was not a fair
weather conversion. The old timers will bear us out in
the statement that Fred, as he was commonly known, was
a prince of all round sports. But with his change of mind
he became like Paul, almost a fanatic in his zeal for pro
moting the things he had espoused. But we who knew
him best respected his new attitude. We knew he was
honest and sincere. We might not follow him but we did
not question his loyalty to the theories he advocated. If
he was wrong in his early career he fully made it up in
his last quarter century. His book of life is closed for
this world and cannot be amended, but it reads pretty
fair for the days and scenes of his time. Good bye Fred,
old pal. We fought you hard lots of times, for we were
not always on the same side of questions. But we loved
you well, and it is bitterly hard to say good bye.
SO far as can now be seen the tickets this fall will
be for the Democrats, Sweet and one other, whomever the
Denver gang select and think has a chance of defeating
Mr. Sweet at the open primary. This latter is deemed by
them to be of doubtful value and they confidently ex
pect Mr. Sweet to be the candidate. The Republicans
realize that they must meet Sweet and consider Gov.
Shoup their strongest and best candidate against him. In
this conclusion they are doubtless right. It will divide
the state squarely on one paramount question. The Gov
ernor will stand pat on his military record and Mr. Sweet
will represent and secure the votes of all those who seek
relief from the intolerable military dictatorship. The
campaign if thus waged will settle whether Colorado is to
be another Prussia incarnated or a commonwealth where
ordinary laws govern peaceful and law abiding people. A
telephone message from Denver from a man whose judg
ment we fully trust, tells us that the above program is
apparently the one that will be followed. He further ad
vises us that Julius Aichile and his bunch will support
Shoup as they did last year. This does not materially
change conditions for they have usually supported the
Republicans in city as well as state affairs.
•X* •>•>
THIS office is in receipt of expensively printed lit
erature consisting of a very large number of newspaper
quotations condemning the Herrin, 111., mine murders. It
is quite the proper thing to condemn that affair but we
do not recall any such wild activity when Pat Hamrock
and his murdering gang burned up the women and chil
dren at Ludlow. Neither did we receive any expensive
literature denouncing the Tramway for killing those Den
ver people, most of whom were innocent bysstanders. Cu
rious how excited we get when the creatures of Big Biz
happen to get killed, and how calously is viewed the
slaughter of laboring men, their wives and children.
<~>
WE are receiving unlimited propaganda for and
against the proposed anti-vivisection law. Now, unlike
most of our editorial brethren we do not know everything
about everything. We cannot tell what is the right side
of the question. It does seem cruel to inoculate healthy
animals with virulent disease to see how it works. It
seems monstrous to cut up live animals to determine how
their wheels go round and find out just how far we can
go with surgery. Why can’t we let the animals alone
and experiment with profiteers and other crooks? To that
no one can object, that is no one except the experiments.
Personally we can see no objection to having them put to
some beneficial use, no matter if it does hurt them. The
animals have done no harm and we would like to protect
them.
•:->
FOUR BOTTOM FACTS
UNLESS something unforseen intervenes, the Nation
is about to be plunged into a reign of Force instead of
Reason, as a result of the coal and railroad disputes.
In the end. Public Opinion will decide the issue.
Ppblic Opinion should spring from a knowledge of
basic facts. Here are four things that lie at the root of
the trouble:
IMRST. The Railroad Labor Board, a Government
agency, is under injunction, granted by a Court at
the request of the railroads, which forbids it even
to publish its findings!
2 SECOND. The final effort to settle the railroad dis
pute broke down when, agreeing on all else, the
Railroads refused, in taking men back, to observe
their seniority rights. That is another way of in
sisting that the Railroad Unions be paralyzed.
3 THIRD. The coal miners are NOT on strike. They
had a- contract with the coal operators which ex
pired last March. The contract provided that, on or
before April 1, the operators and miners should
meet and negotiate a new contract of employment. The
operators refused—and still refuse—to so negotiate. The
men’s jobs ended March 31, when their contract ended.
4 FOURTH. The Government, for nearly two years, has
been under an injunction, granted by a Court at the
Operators’ request, forbidding the collection by the
Government of information as to the cost of coal
production, wages, and so forth—the facts that any Com
mission, such as is suggested by President Harding, must
have if it is to intelligently arbitrate the coal dispute.
Those are simple facts which should be taken into,
any consideration of the causes and consequences of the
impending bayonet experiment.—Brass Tacks, in Denver
Express.
I We wish every reader would carefully consider the
al'ove. In a very brief way it covers the questions. It
will be noted that both difficulties are largely occasioned
by the subserviency of certain courts to the corporate in
terests. Connected therewith a reading of the great La
Lafollette speech we are running this week and next will
go far to showing how we can correct this hideous evil.
We know just how hard it is to get people to read matter
like the La Follette speech, but we hope many of our
readers will acquaint themselves with this one. A great
and burning issue for the next decade will be relegating
the Federal courts to their real work and separating
them from the usurpation of the legislative work of
Congress.
Vicious Usurpation
(On June 15, 1922, Senator La Follette addressed the
Convention of the American Federation of Labor at Cin
cinnati on the decision of the Supreme Court nullifying
the child labor law. This courageous address provoked
such an uproar in the reactionary press and from reac
tionary Senators that Senator La Follette took the battle
to the floor of the Senate on June 21 and served notice to
Congress and the country that he would immediately
press for a constitutional amendment forever protecting
the liberties of the people against the encroachments of
the Supreme Court.)
By SENATOR ROBERT M. LA FOLLETTE
A CENTURY and a half ago our forefather shed their
blood in order that they might establish upon this conti
nent a government deriving its just powers from the con
sent of the governed, in which the will of the people, ex
pressed through their duly elected representatives, should
be sovereign.
By a process of gradual encroachments, uncertain and
timid at first, but now confident and aggressive, sover
eignty has been wrested from the people and usurped by
the courts.
Today the actual ruler of the American people is the
Supreme Court of the United States.
The law is what they say it is, and not what the peo
ple through Congress enacts. Aye, even the Constitution
of the United States is not what its plain terms declare,
but what these nine men construe it to be.
In fact, five of these nine men are actually the su
preme rulers, for by a bare majority, the court has re
peatedly overridden the will of the people as declared by
their Representatives in Congress, and "has construed the
Constitution to mean whatever suited their peculiar eco
nomic and political views.
The nine lawyers who constitute the Supreme Court
are placed in positions of power for life, not by the votes
of the people, but by presidential appointment.
Taft Repudiated by Voters
Ex-President Taft was recently made Chief Justice by
President Harding. Thus a man was invested with the
enormous prestige and influence of Chief Justice of the
Supreme Court by presidential appointment who had been
repudiated by the voters of the United States on his rec
ord of President. After they had experienced a single
term of his administration as Chief Magistrate and bad
studied his attitude, his acts, his sympathies, on public
questions for four years they declined to re-elect him
President.
No one will contend that he could have 1 een elected
Chief Justice of the Supreme Court by vote of the people.
And yet, made Chief Justice by presidential appointment,
Mr. Taft wrote the opinion that annulled the child labor
law. He also wrote the opinion in the Coronado Coal Co.
case.
Ruled by n Judicial Oligarchy
In making this observation, I level no criticism at the
personnel of the present court. I am not concerned with
personalities. I am dealing with fundamentals. The
present court is probably up to the average of that court
in ability, wisdom, and character; but these judges, even
though they sit upon the Supreme Bench of the United
States, are after all but men. I am concerned only with
allowing them or any other body of men so chosen to have
supreme power over the happiness, the rights and the
very lives of the 110,000,000 people of the United States.
Sharing the sovereign power of the Supreme Court,
but in every way subordinate to it, is the array of minor
Federal judges. Many of these Federal judges are excel
lent and enlightened men with a high sense of justice.
Some of them, notably Judge Andrews, of Indiana, and
Judge McClintic, of West Virginia, have, in my opinion,
shown themselves to be petty tyrants and arrogant
despots.
Here again I am not attacking the personalities or
opinions of individual judges. I am dealing with the
fact, which can not be denied, that we are ruled by a ju
dicial oligarchy. Even if all these Federal judges were
men of the greatest wisdom, the most irreproachable
character and the broadest views, the essence of the situ
ation would not be altered. If this were the case, and
unfortunately it is not, we would merely have a benevo
lent despotism—a system repugnant to every American
ideal.
Judicial Veto Unconstitutional
From what source, it may be asked, have the Federal
judges derived the supreme power which they now so
boldly assert? Not only was such power not given to the
iudiciary in any Constitution, State or Federal, but the
records of the Constitutional Convention show that when
it was proposed in the Constitutional Convention* that
judges should have a veto upon acts of Congress, it was
decisively defeated on four separate occasions, and at no
time received the support of more than three States. As
a matter of fact, no member of the Constitutional Con
"ention was bold enough to bring forward a proposition
that Federal judges should have the power of nullifying a
law after it had been enacted by Congress and approved
DRIFTING BACK TO CHURCH
BY LEGAL ASSISTANCE
By W. F. MARTIN.
A high official of the Lord’s Day
Alliance is credited with saying, “We
believe that if we take away a man’s
motor car, his goif sticks, his Sunday
• .ewspaper, his horses, his pleasure
steamships, amusement houses, and
narks, and prohibit him from playing
auldoor games or witnessing field
sports, he naturally will* drift back
to church.”
When one reads such language, he
is led to wonder what conception the
author of the above words has of the
motives which should inspire church
attendance. Not only this, but he is
led to view with a feeling little short
of amazement the methods by which
>t is sought to obtain such results.
The writer of this article just now
opened a most revered book, and found
on a certain page words like these:
“Come unto Me, all ye that labor and
are heavy laden, and I will give you
rest. Take My yoke upon you, and
learn of Me; for I am meek and lowly
! n heart; and ye shall find rest unto
your souls. For My yoke is easy, and
My burden is light.” How sweet are
the sentiments here expressed! What
hope and courage have they brought
♦o struggling souls! Jesus, the young
Galilean, appealed to the heart-long
ing of men. No vestige of force is
used, but an appeal is made to the
soul.
Then again, the blessings of the
spiritual life are not for the “drift
ers.” Men “drift” to destruction.
Should the program of the Lord’s Day
Alliance be followed to Its Conclusion,
the world would not drift to God or
( he church, but toward the Inquisi
tion, and into the darkness of unbe
lief. Men are not brought to God by
a process of elimination. The early
Christians did not drift to church be
cause they had nothing else to do and
by the President. The most extreme measure offered ex
alting the power of the judiciary was merely the proposal
presented by Madison and James Wilson, that the Su
preme Court have the same power as the President
to pass upon legislation before its final adoption, and if
the Supreme Court should hold it unconstitutional, that
the measure in question should be passed by a two-thirds
vote of each House before it should become effective as
law. It was in* this restricted form that the members of
the Constitutional Convention overwhelmingly rejected
the theory of “a paramount judiciary.”
There is, therefore, no sanction in the written Consti
tution of the United- States for the power which the
courts now assert. They have secured this power only by
usurpation. Thomas Jefferson foresaw this inevitable en
croachment of the judiciary upon the sovereignty of the
people, and used his mighty powers to resist it. He said:
“It has long been my opinion, and I have never shrunk
from its expression; that the germ of dissolution of our
Federal Government is in the judiciary—the irresponsible
body working like gravity, by day and by night, gaining
a little today and gaining a little tomorrow, and advanc
ing its noiseless step like a thief over the field of juris
diction until all shall be usurped.”
English Justice Hanged for Veto
In extending their jurisdiction in other directions,
the Federal courts have often gone to the judiciary of
England for precedents, but in asserting their right to set.
aside the laws of Congress they have never looked in that
direction, and for a very good reason. As Chief Justice
Clarke, of the Supreme Court of North Carolina, has aptly*
said:
‘The courts have attempted only once in England to*
assert a right to set aside an act of Parliament, and then
Chief Justice IVesillian was hanged and his associates ex
iled to France, and hence subsequent courts have not re
lied upon it as a precedent. * * *No court in England
since Tresillian’s day has refused to obey an act of Par
liament.”
Judicial Encroachments
In the beginning encroachment by the Federal judic
iary was very gradual. In the case of Marbury against
Madison, where the power of the judiciary to nullify stat
utes was first formally declared, it is worthy of note that
this principle was not involved in the decision, but was
asserted only as an opinion of the court, and that it was
further qualified by the statement that it is only legisla
tion “clearly repugnant to the Constitution” that can be
declared void. That was the first time they undertook to
say anything on the subject, and then they said it had to
be a very plain case about which there could be r.o dispute.
This is one of the commonest stratagems of the court.
The particular case is decided in accord with the popular
attitude, but there is often adroitly introduced into the
decision what lawyers call obiter dicta—that is, a care
fully worded declaration, as a mere incidental and collat
eral expression of opinion, not material to the decision of
the case before the court, but which is injected into the
case at bar to prepare the way for a contemplated decision'
when the occasion shall be more opportune.
This, it may be remarked, is exactly what the Su
preme Court did the other day in the Coronado case,,
where it dismissed the case against the United Mine
Workers, but laid down a line of policy which will in fu
ture be relied upon by all Federal and many State courts
to limit and hamper, if not destroy, not only trade-unions
but organizations of farmers and others who are con
cerned in bitter controversies against the powers of in
trenched wealth.
Until recent years the Supreme Court ventured to as
sert this great power to override the acts of Congress onljr
upon rare occasions, and at widely separated intervals of
time. As only a relatively small part of the people were
directly affected by any of these decisions, the public as
a whole was not aroused to the dangerous usurpation
which was taking place. There were, it is true, occasions,,
such, for example, as the decision that Congress did not
have the right to levy an income tax, which aroused the
entire country, but in these cases the evil was cured by
constitutional amendment overruling the Supreme Court,,
so that the direct question of the court’s usurped power
did not become a continuing issue.
Judge-made Law Denounced by Roosevelt
For several years before the outbreak of the Great
War, however, the people had become aroused to this dan
gerous situation and a continuous campaign was being
conducted to check or correct it. This, you will recall,
was one of the issues in the campaign of 1912, when Theo
dore Roosevelt brought forward as his remedy a proposal
for the recall of judicial decisions. The growing move
ment for the reform of the American judiciary, like many
great reform movements of that kind, was interrupted
and set back by the outbreak of the World War. But the*
iudiciary was not checked. On the contrary, it availed
itself of this period, when the attention of the people was
diverted by the problems of war and of reconstruction, to
extend its powers and to nullify the acts of Congress with
greater boldness than it ever before displayed.
(To be Continued)
no other place to go. At the risk of
their lives they stole away to the cat
acombs, and in those secret places
they sang their songs and offered
their prayers while pagan Rome
crowded into the theatres or madly
cheered the gladiators who butchered
each other in the arena. This the
early Christians did to satisfy the
longing of their souls. These ancient
I conle felt that in so doing they were
d awimr nearer to God. They were
r.ot drifters. They fell the impj'se
of the divine invitation, and, confid
ing in its Author, sought to partake
of its promised sweets.
Ringing in their ears were these
other words of the Master: “He that
taketh not his cross, and followeth
after Me. is not worthy of Me.” They
d : d not drift into connection with
Cod. It is written of Matthew, the
d'scinle, that “he arose and followed
Him.” The longings for home and
companionship wrung from the prodi
pnl the cry, “I will arise and go to
mv father.” Before this he was a
drifter. Drifting and boredom—ennui
—vo hand in hand. They are each
a* d both a sign of decay. What is
needed is vitality, life, strong pur
pose. “I will not let Thee go except
Tl ou bless me,” is the language of
ore who prevails.
It sometimes seems that the world
’R ready, yes, waiting, for men with a
message, men whose lips have been
touched with fire from the altar; men
who can stir the jaded imagination
and awaken a longing for things di
vine. All religious enactments ever
written or to be written by any civil
o»* ecclesiastical body or bodies or
councils, cannot accomplish the de
sired end.
Let the Heaven-inspired apostles
speak, and men may recognize in
♦ hem the voice of the Galilean, and
hearing, may cast away the pleasures
and allurements of the world, and
arise and come to Jesus.
Tomato Green Olive Rice
This is an inexpensive but de
licious delicacy originating in the
middle west. It is well worth trying
out and repeating frequently. The
food value is high.
Put one-half cup rice on to bail.
Make a tomato sauce as follows*
2 tbsp. butter
2 tbsp. flour
1 tsp. sugar
1 cup strained tomato juice
or tomato pulp
Melt butter; add flour, then to
mato pulp and sugar. Boil two or
three minutes, stirring constantly.
Then grate one-half cup cheese. Cu»
one-half cup Spanish green olives
into slices. When rice is cooked,
drain it. Put into a serving dish.
Pour over it the hot tomato sauce
and sprinkle the grated cheese and
sliced green olives over the top
Serve. _____
They are
GOOD!
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