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Kellogg Helps Cor
Voter, should be careful to remember that voting a straight
party ticket does not include a vote for judges. The judge ticket is at
th. bottom of the ballot. Make an X after the name of W. H. Pem
berton for superior court judge as Follows:
W. H. PEMBERTON...
Straight Party Ticket
Vote Does Not
Count on Judges
The corporations have bought the
dally papers and are printing false
hoods in order to deceive the people
and thereby secure the election of
John A. Kellogg, their candidate. Be
fore voting on November sth, please
read his record, so that you may know
some of the facts that the daily papers
do not want you to know.
Why is Judge Kellogg Supported by
the corporation dailies of Bellingham?
Why do these newspapers give more
•pace and print more false statements
in the Interest of Kellogg than all their
other candidates? They love him
When the most malicious and false
editorials were printed in the trust
dailies before the September primary,
Kellogg' was seen in the office of the
editor until close to the midnight hour.
Think of it! A superior court judge
assisting a trust daily in the night
time! Kellogg would not debate but
once with Pemberton. He said to de
bate more than once was beneath his
dignity. Did he take his dignity with
him to the office of the editor of the
Kellogg Tried to Keep Pemberton's
Name Off the Ticket.
John A. Kellogg and his corporation
boaters endeavored to prevent the
name of W. H. Pemberton being plac
ed upon the ballot at the November
election. They claimed that Kellogg
should be considered elected, al
though he had failed to receive one
third of the vote cast for judge, and
about one-sixth the voters of What
Attorney General Tanner announced
thai be appealed the King County case
to the supreme court because of the
judicial ticket situation in Whatcom
County. Kellogg and his friends ex
pected to get the supreme court,
through this source, to lay down a
rule that would prevent opposition to
him at the general election. They
disregarded the views of the county
attorney, and of Judge Joiner, who
tried the case, and are not now satis
fled with the decision of the supreme
court, which shows clearly that the
people have a right to select their
judges, and that they are not to be
chosen by a small minority, the cor
The state constitution fixes the
date for the general election. That
date Is the first Tuesday after the
first Monday in the month of Novem
ber. Had Kellogg and his corpora
tion daily friends and supporters had
their way. they would have had the
election of judges September 10, last,
the day of the primary election.
For It is a fact that that the cor
poration press and Judge Hel
ton all declared that Pemberton
should be ruled off the ticket. In fact,
Judge Kellogg himself declared at tho
courthouse, in the presence of wk
nesses. that Pemberton's name would
never be permitted to go on the ticket
In the November election. He made
this declaration after the result of the
primary election was known to al.
But even In this the supreme court
Had Kellogg been Permitted to dic
tate In this matter, he would have
had his name and that of Judge Har
din only on the ballot at the Novem
ber election. As there are only two
to elect, such an arrangement
would have given the people no oppor
tunity for a choice in November. With
wo names on the ballot for judge,
ana two to elect, it would have been a
cinch for both. One vote or 100 otes
would have elected both, and yet the
Herald tells us there are 80,000 voters
to Whatcom county. These figures
are based on an actual registration to
Emm of 9.000 In Bellingham and .
heavy regis ration In the various Oth
•r organised cities of the county The
figures are approximately correct. Ket
tonWUtude and that of his corn
oration backers and boosters wou d
ignore the great mass of the peopic
ffiemand tK office for him because
3.300 persons voted for him in UM
nrlmary Just one-sixth of the 20.00J
voErYto the county. There was a
reason That reason will be plain jw
torTe votes are counted in Novem
b*r Kellofla Lobbied for His Job.
KeltoMlobbied for the law giving
t h,?co°u g nty an additional ggjg
U H^n W 'theres£\s -"Went work
•Id. to which B >*P e t*?ph 1907, when
mMOW kKIoKII H^.: ck PLUM"
„sre is another' S
= A. Kellog,
the Herald said:
Wtjrt Itpnben tCrfttme
"His principal backer and sponsor
was C. W .Howard."
Now, who is Howard? lie really
needs no introduction to the people of
Whatcom County, nor for that matter
to the people of the state. By profes
sion he was a lawyer, and he prac
ticed some at his profession between
sessions of the state legislature, but
at every session of the legislature for
the past fifteen years he lias appear
ed as a lobbyist. His legal practice
was mainly for the "big interests,'
such as the Northern Pacific Railway
Company, the Great Northern Railway
Company, the Bellingham Hay Im
provement Company and the Stone Ai-
Webster interests in Bellingham. It
is through Howard and his representa
tion of the corporation interests that
the connection between these same
corporations and Judge Kellogg is
most readily seen.
Kellogg was told by W H. Pem
berton at the time Kellogg appear
ed before the House judiciary com
mittee that the work had not ma
terially increased and two judges
were not necessary, which fact was
shown by the certificate of an ab
Kellogg Lobbies for Double Salary.
When Kellogg had the least amount
to do in 1911 he took the time you
people were paying him for and lob
bied for a law to give superior court
judges $6,000 a year instead of $::,-
--000. He says that if this law had
passed he could not have received this
salary during his present term. This
may be true but when the fact is
knows lie was the first person to
file for the nomination and re-electlo
even at the present salary of |3,000,
it is hard to believe that he would not
have been very quick to file this
fall if the law had been passed making
the salary $6,000. His motive for lob
bying for the law to double salaries
was certainly not unselfish, and yo-i
were paying htm for his time while
he was lobbying for this measure.
Kellogg and Hanford.
Kellogg was present at the State
Bar meeting in Tacoma after Hanford
resigned and did not vote against th;<
resolution declaring that Hanford bad
served this nation with honor and in
tegrity for the last quarter of a con
tury, and that the nation was losing
a valued servant.
Kellogg used the following words in
a letter to Lawyer Saunders, of Seat
"You know how I voted on the mo
tion to table the resolution, as well
as upon its final passage."
Kellogg knew when he wrote this
letter to Mr. Saunders that he had not
voted at all upon the final passage oL'
the Hanford resolution. He had ex
pected Saunders to say that Kellogg
had voted "No," and then to publish
the letter to the people of What
com County. Saunders failed to
come to his assistance, and Helloy;;
How Kellogg Made Good.
Kellogg was appointed on the exe
cutive committee of the State Bar As
sociation of C. W. Howard, its i resi
dent, and Kellogg made good by
doing nothing toward disbarring Judge
Root and Judge Gordon, who permit
tad and secured the Great Northern
Railway to write the opinion of the su
preme court of this state, when it
was claimed that $70,000 had been
used to bribe the judges of this state.
It was the duty of the executive
committee to proceed with the disbar
ment proceedings. Kellogg sa\s he
did nothing in the matter. The cor
porations did not want those "ten dis
barred. From their Viewpoint Kellogg
made good by doing nothing.
Kellogg's Fishtrap Farce.
Kellogg fined the fish trap trust
$250. The fine was so light that the
taxpayers lost a few hundred dollars,
although they won the case. The fish
trap company upon paying the fine
and the small proportion of the costs
of trial taxable against them would,
under the testimony, clear over one
thousand dollars on the transaction.
The fish trap trust owns stock in tho
daily newspapers. Do you see why
they are all boosting for Kellogg?
Kellogg appointed on the Boulevard
commission the man he was asked to
appoint —Judge Hardin having refused
to be dictated to in the matter.
Would you like to try your case
wherein a corporation is interested be
fore a man as judge who owed his
position to corporation influences?
Kellogg Rewards Friend Mead.
Kellogg, taking advantage of the
misfortune of the people in the failure
of the Home Security Savings Hank,
took opportunity to reward his per
sonal political obligation, and over tbe
protests of the depositors appointed
Albert K. Mead receiver, for you will
all remember, Mead had appointed
LYNDEN, WASHINGTON, THURSDAY OCTOBER 24, t912
! Kellogg judge. Why should Kellogg
| not name Mead as receiver? What
did it matter if the depositors did sug
gest the name of another? What did
it matter if they did protest against
Here was an opportunity to repay
Mead for his appointment of Kellogg,
and the desires of the depositors werj
not considered. Will Kellogg remem
ber the corporations if they re-elect
him. an he remembered Mead, who
Mead is an attorney and is paid out
of the funds belonging to the depos
itors. He immediately employed two
other attorneys, and they are being
paid out of the depositors' funds. He
went into partners-hip with another at
-1 torney and paid him out of the
funds of the depositors $150 a
month for "services" as long as Kel
logg presided over Department No. 2
Kellogg Responsible for Much.
It has been two years since Helling
ham voted dry. The result of the vote
has been MATERIALLY AFFECTED
by the holdings of Judge Kellogg, who
seeks reelection November 6.
Kellogg held the law UNCONSTITU
• TIONAL. The supreme court RE
VERSED him and declared they had
i never followed the technical construc
tion as laid down by Kellogg. The
supreme court also stated that such
a construction would make the law
a FARCE and Bellingham an A DOM
INATION.—State vs. Jones, 66 Wash.,
Kellogg held that solicitation of or
ders through the newspapers was NOT
1 A VIOLATION of the law. The su
preme court held that solicitation
through even a circular letter was a
VIOLATION of the law, and that NO
JUDGE would be justified in holding
to the contrary.—State vs. Holmes, 2>
" Wash. Dec. 502.
The attorney general held that the
3 B, B. Brewery COULD NOT SEL\
1 within ISellingham. The brewery
management was arrested for VIO
LATINtI the law. Kellogg was giv
.en the attorney general's opinion. He
REVERSED the attorney general and
held the brewery COULD SELL. The
, county attorney appealed this case and
it is still pending in the supreme court.
; The brewery CONTINUES TO SELL
because of Kellogg' 8 ruling.—Opinions
. of Attorney General, 1909-1910, Pages
In fact, Kellogg's decisions navy
been so frequently reversed that his
' record is 21st from the top of the list
of superior court judges of the state.
' One-third of his cases in the supreme
court have been reversed.
1 The people want a judge who wl.l
' decide questions put before him on
their merits and according to law, and
' does nat permit his decisions to be in
fluenced by his personal desires, or
! by political considerations.
Because of Judge Kellogg's holdings
Bellingham has not been able to give
1 the local option law a fair test. Judge
Kellogg has done more to thwart the
1 will of the majority than any other
one man. He cannot dodge this. The
record is against him. And much of
the drunkenness in Bellingham may
be attributed to his rulings.
, Corporation Wet Forces Are Backing
The vote In the September primary
shows the corporation wet forces back
iof Kellogg. In Sumas, the only wet
unit in tho county, he beat Pemberton
, nearly two to one, and in all the
known wet precincts he was given
■ a big vote. The corporation wets cvi
. dently know their man, and the corpo
; ration backers of Judge Kellogg; are
1 among the leaders of the wet program.
Judge Kellogg resides in South Beli
, ingham. Tho First precinct of the
; Sixth ward is the business section of
South Bellingham. In the recent Sep
!ember primary election many known
partisans of Judge Kellogg were hand
' ed a regular partisan ticket (Republi
" can or Democrat), at the bottom of
which was printed the Non-Partisan
Judiciary ticket, and also one of the
1 separate Non-Partisan Judiciary tlck
■ ets.. This enabled them to cast two
1 votes for Judge Kellogg as his name
• apepared on both of them. In this
precinct "plunking" for Kellogg was
1 a feature of the voting; Kellogg ran
• away ahead of Hardin, while there
1 were fewer votes cast for Pemberton
than there were duplicate tickets. In
' short, the vote In this precinct stood
Kellogg, 75; Hardin, 64; Pemberton,
' 23. The election records on file In the
county auditor's office will verify the
Have the corporation dailies deplor
ed such work? They know all about
it. They know that work of a similar
character was done in the Fourth pre
cinct of the Third ward, where Kellogj;
received 103, to 46 for Pemberton. Do
they glory in this kind of work? These
same dailies are supporting Judge Kel
logg—and the brewery holds stock in
the dallies. Is the connection appar
ent? Or is it real? Or is it both?
Just a word as to the law bearing on
this kind of work; Section 4958, of
the 1911 Cession laws rends as fol
"If any person shall vote, or attempt
to vote more than once at any election,
or shall knowingly hand in two or
more tickets together, * * * * *
such person shall be guilty of a gross
misdemeanor and shall be incapable
of voting at any election or holding
any office for two years thereafter."
Section 4900 of the same laws, reads
"If any inspector or judge of any
such election shall knowingly permit
any elector to cast a second vote it
any such election, • • * • such
inspector or judge of election shall be
(Xunaaliiialtnn of Ilir fartflr plot anil u>br Cgnurn 9uu
guilty of a felony and be incapable of
holding any office in this state lor
five years thereafter."
Has Kellogg called a grand jury to
investigate this? No. Why? Can it
be because he benefited by It, and ex
pects to benefit further in the gen
eral election by having such persons
serve on the election board?
The only man opposing Judge Kel
logg is \V. H. Pemberton. His record
as a lawyer and citizen is well and fa
vorably known to all. He stands for
right things and right politics. If elect
ed, he will administer the law as he
finds it, and give every person or cor
poration that comes before him a
We respectfully solicit your co-ope
ration in our effort to elect \V. H.
Pemberton to the superior court
AN OPEN LETTER.
To the men and women of Whatcom county who believe in the prin
ciples of the PROGRESSIVE PARTY and who desire the election
of THEODORE ROOSEVELT and HIRAM W. JOHNSON.
The Progressive Party has for its sole object the betterment of the mas
es of humanity and an equal opportunity for the men and women of this Nation.
In order for us to present our cause, to the people, it is necessary that we be
able to give full publicity to the principles of the Progressive Party to the
voters of this county.
The great corporate interests are not contributing to our cause, as they are
contributing to the republican and democratic campaign funds. We are de
pendent solely upon the financial help that may be extended to us by the indi
vidual citizen. This fight is your fight.
The committee of the Progressive Party will be glad to
accept contributions from the friends of the cause, either in person or by letter.
Any amount from $1.00 up will be gladly received. A strict account of re
ceipts and expenditures in the Whatcom county campaign will be kept and
We have headquarters in the Mason building, on Holly Street, in the city of
Bellingham, where we will be glad to see all friends of the Progressive move
ment. Our cause is just and we are in this fight to win. Our speakers and
our candidates are giving their time, energy and money to carry on contest
for human rights. Will you help us?
Whatcom County Central Committee of the
GEO. H. BACON, Chairman
THEODORE ROOSEVELT.-HIS ACHIEVEMENTS IN SEVEN
YEARS IN THE WHITE HOUSE.
Doliver —Hepburn railroad act.
Extension of forest reserve.
National irrigation act.
Improvement of waterways and
reservation of water power sites.
Employers' liability act.
Safety appliance act.
Regulation of railroad employers
hours of labor.
Establishment of department of
commerce and labor.
Pure food and drug act.
Federal meat inspection.
Navy doubled in tonnage and
greatly increased in efficiency.
Battleship fleet sent around the
State militia brought into coordi
nation with army.
Canal zone acquired and work
of excavation pushed with increased
Development of civil self-govern
ment in insular possessions.
Second intervention in Cuba;
Cuba restored to the Cubans.
Finances of Santo Domingo
Alaska boundary dispute settled.
Reorganization of the consular
Settlement of the coal strike ln
The government upheld in north
ern securities decision.
Conviction of postoffice grafters
and public land thieves.
Directed investigation of the
sugar trust customs frauds, and
the resultant prosecutions.
Suits began against the Standard
Oil and Tobacco companies and oth
AN URGENT APPEAL
The Lynden Fruit Growers' As
sociation urges all owners of land
in the valley to set out some acre
Regulating the Trust!*.
The anti-trust law should be kept on
the statute book to be invoked against
every big concern tending to monopoly
or guilty of anti-social practices. At
the same time a national industrial
commission should be created which
should have complete power to regu
late and control all the great industrial
concerns engaged in interstate busi
ness, which practically means all of
them In this country. This commis
sion should exercise over these in
dustrial concerns like powers to those
exercised over the railways by the in
terstate commerce commission and
over the national banks by the comp
trolier of the currency and additional
powers if found necessary. The com
mission should have free access to
the books of each corporation and
power to find out exactly how it treats
Yours very truly,
cr corporations for violating Sher
man anti-trust act.
Corporations forbidden to contri
bute to campaign funds.
Keeping the door to China open
to American commerce.
Bringing about the settlement of
tho Husso-Japanese war by thetreat
y of Portsmouth.
Avoinding the pitfalls created by
Pacific coast prejudice against Ja
Negotiating 24 treaties of gener
Reduction of interest-bearing deb
by more than $90,000,000.
Inauguration of movement for con
servation of natural resources.
Inauguration of the annual con
ference of governors of states.
Inauguration of movement for
improvement of conditions of coun
SOME OF "MY POUCIES."
Reform of the banking and cur- i
Inheritance tax. •
Income tax. J
Passage of a new employers' lla
bility act to meet objections raised
by the supreme court. 1
Postal savings banks.
Parcels post. 1
Revision of the Sherman antl- I
trust act. '
Legislation to prevent over-capi I
talization. stock watering, etc., of t
common carriers. 1
Legislation compelling incorpora t
tion under federal laws of corpora- 1
tions engaged in interstate com- j
age to berries. Berry growing in
this section is a pronounced suc
cess. No crop will pay as well as
the berry crop. The new Lynden j
canuery will be built and in running
its employes, its rivals and the gen
eral public. * * » Any corporation
voluntarily coming under the commis
sion should not be prosecuted under
the anti-trust law as long as it obeys
in good faith the orders of the com
mission. The commission would be
able to interpret in advance to any
honest man asking the interpretation
what he may do and what he may not
do in carrying on a legitimate busi
ness. —Theodore Roosevelt.
We demand submission of a further
constitutional amendment providing
for the recall of the judiciary.
We favor the abolishing of all ex
cept three ot the present state boards
and commissions, which shall have all
the power now vested in all of the
C. C SIEGEL, Secretary
order to take care of all tho fruit
and vegetables that will be grown
in litis section. Men of push and
enterprise are back of this under
taking which will prove such an
important factor in the develop
ment of this country. The associa
tion is financed wholly by local
capital, and its laudable efforts aro
deserving of the support of every
citizen of the Nooksack Valley. Tho
membership fee is $5 and stock
in the association can be secured
at $5 per share. No one person
being allowed to own more than 20
shares. Robert lleaton, Mayor of
Lynden, is President and C. It. Ax
ling is the Secretary of the associa
The first high school debate of
I the year will be held on Friday, No
|vember The schools of tills
section are under the supervision of
Prof. Leo Jones, of the state uni
versity, and a letter from him says
that Lynden hns been given tho
negative side of the question: Re
solved, That this state should contin
ue the policy of building state roads
and permanent highways with In
creasing appropriations therefor.
The meeting will be at Bellingham,
with South Bellingham on the af
The chances of the local school is
even brighter this year than ever
before, with Miss Edna MeKinnon,
who is conceded to be one of tho
best high school debaters ln the en
tire state, and Agatha Erz who while
lacking in experience, is equally re
sourceful to handle the work for
Lynden. Those who followed tho
work last year will remember that
Lynden was almost within reach of
the state championship, und this
year, with the right kind of support,
should have it.
Prof. Wright will greatly appre
ciate magazine articles on the sub
ject which may be sent to him at