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: t ) Y I Drs. Kcores & Long, DENTISTS. E. Church St., Union City GOMM Drs. wnoores & Long, DENTISTS. E. Church St., Union City HE CIAL . Telephone Hi. Union City Commercial, established 1890 r.uAiA West Tennessee Courier, estannsned liw ) I IMIOM r.ITV TPMM CDinAV ii ti v iono VOL. 18, NO. 17 ER NOW. Telephone 223 THE AIIL-ilLilMG DRUG COMPANY Telephone223 PURIFY YOUR BLOOD HARRISON'S SARSAPARI LLA SOLD ONLY BY Jno. T Walker; President H. Dietzei., Vice President D. N. Walker, Cashier Hunter Elam, Ass 't Cash 'r THE THIRD NATIONAL BANK Union City, Jcnnessi " This Bank was organized, succeeding" the Commercial Bank, to meet a growing demand from the public for greater security and more conservative methods in banking. J The management will bestow unusual care in always being able and ready to loan reasonable sums at uniform rates to its patrons; and each one of its sixty local stockholders are individually and collectively an abiding assurance that courtesy and conservatism will be its fundamental guide of conduct. Cash Capital Jird Surplus . Stockholders' Liability (and -every dollar good) $80,000.00 60.000.00 Security for Depositors $140,000.00 GROWISS DAILY PROSPEROUS CONSERVATIVE Accounts Solicited from. $1.00 Up SUNDAY S FLOOD. Heavy ; Eains Wash Away Bridges ! and Damage Crops. From Mayor John D. Killion we learn that 1 Protemira was under water last Sunday morning. -The water was eighteen inches deep in the residence of Mr.'i Killion 's mother, and the house hold and kitchen furniture was damaged to considerable extent. Mr. Killion also reports the loss of old corn and new oorn in the field and a damage by the flood of about two thousand dollars al- m together. Protemus is situated on a small rivulet twelve miles west of Union City, and the little stream was swollen to such extent that the entire surface for hundreds of yards looked like an im mense lake. John Matt Caldwell is also a resident of that village, and his out buildings and crops were also greatly damaged. Many other residents sus tained losses. It is also learned that the bridge over Davidson Creek on the road entering Troy from tlie north was washed away No 'similar occurrence has taken place as far as can be remembered by many citizens. The bridge, however, was an old one, and it .is probable that.it was ' dangerous. It is altogether reasonable to suppose that the county needs a new iron bridge there any way. The iron bridge over the stream on the road leading from this city to Troy, approaching the tjlark lane, was re ported to be washed away, but that re port was altogether a mistake. It is a sample of what is needed all over the county. The bridge is a substantial structure with abutments of concrete, so constructed as to resist any such floods as the one Sunday morning, and that is the worst in the memory of the present citizens. NEWS ITEMS. The final brief of John G. Carlisle and Edmund W. Taylor in behalf of the "straight" whiskey men will be filed with the President. Wall street rumor has it that the Union Pacific is to absorb the Illinois Central as soon as Harriman returns from Europe. Officials of both roads deny the rumor. - A hurricane did much damage to property at Panama. Telegraphic com munication has been interrupted, and it is feared that interior and coast towns have suffered considerably. During a quarrel at their home at Waco, Texas, J. M. Parkes, 50 years old, attactd his wife with a club and inflicted ,kinds that will probably cause her Qeath. He then hanged him self to a tree in the backyard. - The Sheriff at Mobile has placed men at "near beer" stands -v to take tlie names of customers. It is said the pro ceeding is under the Prohibition law. It . is claimed that only two Mobile saloons have closed, and that the consumption of liquor is as great as ever. Gen. T. S. Sharretts, the veteran tariff expert who assisted the Demo crats in rigging up the Wilson Tariff bill, is authority for the statement that the recent tariff bill passed by the Sen ate shows a 2 per cent, reduction from the rates of the Dingley law, and a ma terial reduction from the House rates. A bronze tablet, presented by the Chicago Congregational Club in com memoration of the arrival of the Pil grim fathers in Amsterdam in 1609, and in recognition of the hospitality of the City of Amsterdam, was unveiled in the English Eefornied Church of that city. Since the year 1007 Eng lish-spcaking people have worshipped in this church, including many of the Pilgrims and others who in the Seven teentii century became colonists in America. MR. VERTREES ON REASONING Able Attorney Comments on Recent Court Decision. Mr. Vertrees Pleads for Freedom in the Administration of the Law for Those Entrusted With Its In terpretation G ood Healthy Signs for State. "It is openly advocated that accused persona be convicted first and the law for it found afterward, but Judges with oaths upon their consciences cannot stand for that. They are not street, talkers, but men with duties to do." '" . . . The killing was inexcus able, intimidating to the people of Obion, and deliberate. The inquiry was not 'Are the perpetrators guilty of a crime?' but iit was merely 'Are the accused the guilty parties?' " "Rules of criminal law are not es tablished alone to try GUILTY'people. They are established for the trial of ACCUSED persons. They are estab lished because innocent persons are often accused as well as guilty ones; and they are 'established for the inno cent and the guilty equally and alike, to prevent favoritism and to give a square deal." Want Hangings in Prison. Nashville, Tenn., July 9. The Su preme Court, at a meeting here to-day heard a motion by Attorney-General Cates to amend former judgments iin the cases of Cecil Palmer, Wilson Coun ty; Virgil Lee, Wayne County, and Wm. Marshall, Rutherford County, so that these men, under sentence of death may be executed at the main prison in Nashville, instead of in the counties where their crimes were committed. Attorney John E. Turney opposed the motion insofar as it affected Cecil Pal mer. ine court tooK the motion under advisement. The attorney-general also called the attention of the court to differences in the caption and provisions of the act requiring the execution of all criminals convicted of capital offenses at the main prison. The court will also consider this and decide at an adjourned meeting to be held in Nashville July 27. Rev. Jerry M. Moss. Fulton, Ky., July 9. Rev. Jerry M. Moss, one of the oldest and best loved citizens of Fulton, died this morning at 2 o'clock at his home in West Fulton. Yesterday morning, while sitting in his room, Mr. Moss was stricken with par alysis and fell to the floor. Physicians were hastily summoned and all that medical skill could do was done for him, but his condition was hopeless from the start. For years Rev. Mr. Moss was regarded as one of the lead ing ministers of the Methodist Church, but the infirmities of age forced him to quit the ministry a few years ago. George Oliver. George Oliver, an aged citizen of the country north of Harris, died on Thurs day of last week, July 8. Deceased was one of the oldest citizens of the county, and was survived by a number of children and grandchildren. " j John J. Vertrees, Tennessee's eminent attorney, writes The American a most interesting communication regarding the recent Supreme Court decision in the Nightrider case. The American took occasion to express opinion on the action of the court several days ago. It is gratifying to note we are sustained in the position taken by so wise a coun cillor as Mr. Vertrees. He writes as follows: To The American: The strictures, under the guise of crit icism, which newspapers have passed upon the recent decision of the Supreme Court in the Reelfoot Lake Nightrider cases call for special notice. It is the right of every citizen to dis cuss the opinions of the courts, tocrit- icise their reasoning, and expose by argument the unsoundness of their con elusions. The newspaper or the citizen who undertakes to show that the Su- preme Court has erred, in all decency, ought to be reasonably learned and fairly qualified to perform that self imposed task. It is the right of any citizen to charge that the Judges of the Supreme Court are foolish or dishonest, but plainly no man with proper ideas as to civic duty and the public welfare will make such charge unless it can clearly be estab I am not familiar with the record w these Nightrider cases, and have no knowledge of the facts beyond the loose and distempered reports which news papers usually give, but upon the knowl edge I have, I wish as a citizen, and a member of the bar of Tennessee, to congratulate the people of this State upon the sense of duty-doing which this judgment shows characterizes our Supreme Court. Public Opinion Is Strong for Pun ishment. The murder of Capt. Rankin was so atrocious that the case attracted great public interest. When it was made to appear that there was an oath-bound band organized for lawlessness and vio lence, and that the military strength of the State was invoked to maintain or der and enforce the law, the public in terest increased and newspapers through out tlie country not only published everything that would influence the ex cited and indulgent public, but clam ored for blood and punishment. There appeared to be but one side to the case. The killing was inexcusable, intimidat ing to the people of Obion, and delib erate. The inquiry was not, Are the perpetrators guilty of a crime?" but it was merely, "Are the accused the guilty persons?" Public opinion outside of Tennessee, and in Tennessee, was, and is strong for punishment. The sen tence of death pronounced by the trial court received a great deal of printed commendation. Under the circumstances of that sit uation the case was heard by the Su preme Court. I assume that there is not a member of the court who is ever eager to hang any man; but it is com mon knowledge, by reason of the mini ber of sentences of death that are in flicted by the court at every term, that it never shrinks from the duty of pro nouncing the judgment of death, when in the opinion of the Judges the law demands that the accused thould die There were no circumstances, so far as have seen, in connection with the crime to mitigate the severest judgment of the law nothing which appealed to the court to deal lightly with the accused, they were shown to be guilty men. Constitutional Trial Not Given the Accused. When, therefore, in a case of peculiar atrocity and extraordinary public inter est, a case in which the law-abiding called for judgment and the morbid newspaper-fed public clamored for blood 'the court, regardless of the question of guilt or innocence, reversed the case be cause the accused had not been given a constitutional trial had not been brought to the scaffold in accordance with the sane and orderly rules of pro cedure and justice, established by the people themselves, when calm and de liberate it seems to me they rendered a judgment that will meet the appro bation of disinterested persons who stop and think. The rules of criminal law are not es tablished alone to try guilty people They are established for the trial of ac cused persons. They are established because innocent persons are often ac cused as well as guilty ones; and they are established for the guilty and the innocent equally and alike, to prevent favoritism and to give a square deal. The Constitution was not made for the majority. Majorities can always take care of themselves. It was made for the minority for the man accused It was made by the majority in an hour of sober deliberation, that the minority may be protected against the majority themselves in the day of excitement and passion and rage. Rules of Criminal Law Are Not Technicalities. The rules of criminal law and pro cedure which the people, when sane and sober, have established for them selves are not technicalities," as some are flippantly saying, but laws which the Judges of the Supreme Court of Tennessee took office oaths to adminis ter and regard. When a guilty miscreant is railroaded or bayonetted through to his death it is easy to feel that after all no great harm has been done; and probably not, so far as he is concerned. But the prac tice is one that begets lawlessness and contempt of courts and increase of crime, and 'which, therefore, does im mense harm to the community at large. If it shall ever come to pass that our Judges are deterred from administering the laws which they are sworn to ad minister, because in a particular case by reason of tlie highly-advertised and atrocious guilt of the accused, they will be denounced by the press and insulted by the multitude, who will be safe against the rage of the many? If it shall ever come to be understood that when the evidence shows guilt and the community is against the accused, the Supreme, Court will disregard all rules of law and procedure as "techni calities" and affirm and convict, it will also then come to be understood that the accused can not under any circum stances allow himself to be convicted below; that is, that he can not rely up on tlie law for a fair trial, but must look to the jury and tlie witnesses. Principal Comfort is Confidence in Law's Reign. The principal comfort which the citi zen has is the confidence that he is un der the reign of law, and there is a de partment of government represented by j judges and courts where he can have a fair and impartial trial according to general rules of law a fair and square deal. And nothing can take away that consolation like a loss of confidence in the courage, and duty-doing sense of the courts. It is openly advocated that accused persons be convicted first and the law for it found afterward, but judges with oaths upon their consciences cannot stand for that. They are not street- talkers, but men with duties to do It does not follow that these accused persons will escape. Whether they do or not is a matter for the community in which they dwell, the people of Obion County, Tennessee, and not for the Su preme Court. The question for that Appellate Court was whether the sen tence of death had been pronounced upon these men according to the de mands of the law. When the court found it had not, its duty was plain and that it discharged that duty, regardless of what persons not charged with that duty may say, is good and healthy for the people of Ten nessee. Under our elective short-term system the judges are hampered and trammeled sufficiently. Let us not add to those restraints. Let them be free to admin ister the law as under their oaths they see fit, and not as those whom the peo ple have not invited to be judges may wish it to be. At any rate, let those who are off the bench not denounce those who are on the bench for admin istering sane, ancient, and established laws. Laws do not become "Techni calities" through calling them "techni calities," and many technicalities are good. John J. Vertrees. Nashville, July 8, 1909. WHERE LAW, LOGIC AND JUSTICE WERE CONSIDERED Hie day for escaping the conse quences of crime on mere technicalities not going to the protection of essential right has gone by, and violators of law had as well accept the fact and act ac cordingly." In our criticisms of the decision the Supreme Court in the Nightriders case, we have said nothing more than what is quoted above. If the Supreme Court of the State of Tennessee had acted under this proposition, all would have been well. Justice would have been done, and the murderers of Rankin would not have escaped. Some of our sapient case lawyers who have no idea of right or wrong further than courts' decisions, reading the above proposition, and not knowing whence it came, would condemn us if we demanded that it be applied in rul ing on the Nightrider cases. It makes an absolute cleavage be tween right and wrong. It goes to the heart of things, of the issue rather than to the accidents of the issue. The proposition is good logic. Those lawyers who have written us, objecting our grounds of criticism of the court, would hardly accept it as a fun damental rule for drawing a distinction between right and wrong. But in order that we may ease their souls, we beg to state it is good law as well as good logic. The proposition is taken from the case of the State vs. Staley, 71 Tennessee, page o(h. Decided by the Supreme Court of Tennessee in the December term of 1879, and the lawyer who kindly cited us to it is one of the most eminent in this country. The language is not ours. It is the language of the court the same court that in 1909 decided the Nightrider cases on alleged incorrect methods of selecting jurors without going into the merits of the case at all. To all other objectors to our position as to the Supreme Court's decision, we merely state that former members of this court give us warrant in truth and in law for all that we have said. Com mercial Appeal. . .. PIANO RECEIVED. Popular Girl Premium Piano at Union City Bank and Trust Building. Contestants Very Busy- Contest is in Full Swing and the Spirit Increasing The Piano is a Fne One Call and See It. Of We take much pride in calling atten tion to the work being done by the girls of Union City and Obion County in The Commercial Popular Girl Piano Contest. Not only the girls, but many of their friends are awakening to the importance of securing one of our big $400 pianos or other special prizes. Bear in mind that every premium we have named will be given away just as we have advertised them. On Saturday night of this week, we will give to some of these girls a beautiful gold locket and necklace. It is now at our office and will be handed to the winner not later than 7 o'clock Saturday night. Be sure and get all the money in you can this week in order to get the benefit of the big extra fine vote on every f 10 on. subscriptions turned in at one time on or before Saturday evening, July 17, at 6 o'clock. There are several earnest workers now n both the city and county contests, and the race bids fair to be one of keen interest and much enthusiasm to all in terested, and we are glad to note that all rivalry is of a friendly nature. We guarantee a fair, square deal to all. The ones who secure the most votes will win the prizes. One of these pianos is now here, and has been examined and endorsed by one of our leading musicians, who declares it a tine instru ment of unmistakable value and merit. The other will be here in a short time. All the contestants and their friends are invited to call and see them and play on them. Both are shortly to be given away to popular girls of Union City and Obion County. The closing date of the contest is not far off, but we will give due notice of same in these col umns. Arthur Cloar Here. Arthur Cloar, one of the eight Reel foot Lake Nightriders, who has been confined in the Madison County jail for several months and who has been quite ill for the past fifteen days or more with something like typhoid-bilious fever, was taken Friday night by Sheriff T. J. Easterwood, of Obion County, and a brother of the prisoner to Union City, where he was placed in the jail at that place. The prisoner was taken on an order from the Obion County Court, which was issued by Judge Jones, who tried the Nightrider cases. Hon. Rice A. Pierce, leading coun sel for the Nightriders, made applica tion to the Obion County Court to have the sick prisoner removed to Union City, where he would be nearer his rela tives who could better assist in taking care of him at that place. The prisoner, looking pale and show ing the effects of his long confinement, was taken from' the local jail to the union depot in a hack. During his illness every possible at tention was shown him by Sheriff Pear sons and his assistants as well as by Dr. C. C. Drake, the county health officer. Jackson Sun. Big Muddy Washed Nut Coal is best for cooking. At. Union City Ice & Coal Co. Roach-Black. Fulton, Ky., July 9. Announce ment of the marriage of Henry Mun cey Roach to Miss Pearl Black, which occurred Sunday, July 4, in Princeton,. Ky., has just been received in Fulton. The bride is the accomplished daughter of John W. Black, a leading business man of Princeton. The groom was born and reared here, but has for sev eral months been living in Eddyrille, Ky., where he holds a position as guard in the penitentiary.