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About Dakota County herald. (Dakota City, Neb.) 1891-1965 | View Entire Issue (July 31, 1908)
WILLIAM II, TAFT IS NOTIFIED OF HIS NOMINATION Republican Nominee Covers Wide Ground in Accepting Commission as Standard Bearer. Cincinnati, Ohio July JO. Senator .TVIlllam Warner, chairman of the re publican notification committee, In the enforced absence of Senator Lodge, eald, officially notifying Mr. Taft of his domination: Mr. Taft: You an, of course, not un aware, that Mr. Roosevelt's term as president of the tHIIcd States will ex pire on Mar'h 4, IK; that the political ftartlrs of our country are perfecting their organisations preuaratory to presenting to he penple, at the general election to be. held in November next, their respective candidate fur the high office; that the republican parly in national convention, composed of delegate representing every Hate and territory and the outlying po siesslnns of the Vnlted Btatea, assembled at Chicago, on June 16 to 19, inclusive, lias completed its deliberations, that It has outlined and submitted to the cltlscnship nf the republic, for consideration and adoption, govern mental policies, which It confidently be lieves will be of the highest service to the nation In her every part; thojt It has from among Its strong and experienced n tales men men whom services to the public haa demonstrated their worthiness In clearness of chararter, devotion to the country and the welfare of the Individual c-ltlsen, and with full understanding of the nation's needs In her highest and best as pirations, selected you as Its candidate for president, the highest honor that can be conferred by this constitutional republic, and I would, therefore add, the most ex alted political office on this earth; and the committee which you see before you, whose chairmanship I have the honor to hold In the temporary absence from the United States of the Honorable Henry Cabot Lodge, of Massachusetts, perma nent chairman of the republican national convention, now tenders to you, at the direction of that convention, the formal nomination of the republican party for the presidency of the United Slates, and I band you an engrossed copy of the plat form of policies adopted by that conven tion. I cannot, air, complete the discharge of this most agreeable duty without assur ing you of the high respect In which you are held not only by those of your own political faith, but by your fellow cltlxens without regard to the party, of their ad miration of your ability, manifested throughout your public service; of their knowledge of the. preparation which you 1 Will bring to the discharge of the high and difficult duJlcs of president; of their belief In your deep conviction of the equality of all men before the law, and In the practical application of that prin ciple by any sfrminlnlratlon of wlflch you may be the head, the rule by which every Official act of Mr. Roosevelt, as president, has been squared, which has won for him the confidence and respect of his coun trymen throughout the land, and which has brought to him at all limes their tin- , Questioned and earnest support. It was his universal application of this rule which caused his party. In national convention, to pay him the following just and splen did tribute of approval. Tribute to Roosevelt. ' Ills Administration Is an epoch In Ameri can history. In no other period since the national noverlgnty was won under Wash ington or preserved under Lincoln has there been such mighty progress In those Ideals of government which make for jus tire, equality and fair dealing among men. The highest aspirations of the American people have found voice. Their most ex alted servant represents the best alms and (worthiest purpose of all his countrymen. American manhood has been lifted up to a nobler sense of duty and obligation. Conr r-lence and courage In public station and Igh standards of right and wrong In private life have been the cardinal prin ciples of political life. Capital and labor have been brought into closer relations of confidence and Interdependence, and the abuse of wealth and the tyranny of power, and all evils and privileged favoritism have been put to scorn by the simple and ynanly. virtues of justice and fair play. It Is gratifying to your countrymen to reflect that of that administration you have been a conspicuous part, a you were of the administration of Mr. McKinley. Whose accomplishments mark a national progress unsurpassed. In all of our pre vious national life. It, therefore, gives me genuine pleasure, Mr. Taft, to present to you this formal nomination from the republican party, whose governmental policies have for so long "kept In balunce the mighty forces of the nation" and to whose continued guidance of the nation we have every reasonable right to believe thai the peo ple are now looking. CANDIDATE RESPONDS TO NOTIFICATION 8PEECH Cincinnati, Ohio, July 80. Respond ing; today to the speech of notlflcatfon delivered by Honator William Warner, .Wllllum H. Taft, republican - nominee (or president, said In part: Senator Warner and Gentlemen of the Committee I am deeply sensible of the honor which the republican national con vention has conferred on me In the nomi nation which you formally tender. I ac cept It with full appreciation of the re sponsibility It Imposes. Uentlemi.il. the strength of the republi can cause In the campulgn at hand la In the fact that we represent policies es sential to the reform of known abuses to the continuance of liberty and true pros perity and that we are determined, as our platform unequivocally declares, to main tain them and carry them on. The man who formulated the expres- f lon of he popular conscience and who ed the movement for practical reform was Theodore Koosevelt. He laid down the doctrine that the rich violator of the law should be amendable to restrain and punish as the offender without wraith and without Influence, and he proceeded by recommending legislation mid directing executive action to make that principle good In actual performance. He secured the passage of the so-culled rate bill de Klgned more effectively to restrain exces sive and tlx reasonable rates, and to pun ish secret rebates and discrimination svhlcli have been general In the practice of the rallroaoB, and which hud done much to enable unlawful truta t4fcrlve out of business their competitors. It secured much "closer supervision of railways' trans actions and brought within the operation of the same statute, express companies, sleeping car comnanlcs. fast frelitht ami rtn ik raior lines, terminal railroad and pipe lines and forbade In future the com bination of the transportations and ship ping business under one control in order to avoid undue discrimination. Mr. Koosevelt has set high the standard of business morality and obedience to law. The railroad rate bill was more useful Jiossibly In the Immediate moral effect of is pu-HHHue than even In the legal effect of its very useful provisions. From Its enactment dates ths voluntary abandon ment of the practice of rebate and dls crlm nations by the railroad and the return by their managers to obedience t law ;n the fixing of tariffs. The pure food and meat Inspection laws and the prose cutions directed by the president under the antt-trust law have had a similar mural effect In the general business com munity and have made It now the com mon practice for the great industrial cor porations to consult the law with a view In keeping within Its provisions. It has siso imm tne errec or protecting aud In courag.t small and competitive com panies Mt that they have been enabled to io a IkPontable business. Clinch What Ha Been Done. The chief function of the administration In my Judgment Is distinct from the pro gressive development which has been per formed by President Roosevelt. The chief function of the next adminis tration Is to complete and perfect the ma chinery If which these standards may be maintained by which the lawbreakers may be promptly restrained aud punished but which shall operate with sufficient ac curacy and dispatch to Interfere with legitimate business as little as possible. ctucb machinery Is aow adequate. Under the present rate l.Tll and under all Its eunendmcutu the burden of the Inter state Commerce commission In supervis ing and regulating the operation of rail roads of tills country has grown so heavy that It ta utterly IiuimmkIIiIs fur th tri bunal to dispose, In any reasonable time oi i ne many complaints, queries and Is aues that are brougtit before- it for d clslon. It ought to be relieved of It Juris diction as an executive, directing IhuIv and Its function should be limited to the ejuaal-Judlcla.1 Investigation of complaints by individuals and by a department of the sjvicruuum cuaigea Willi Ms executive business of supervising the operation of rallwsys. There should be a classification of that very small percentage of Industrial cor porations having power and opportunity to effect Illegal restraints of trade and mo nopolles, and legislation either Inducing or compelling them to subject themselves to registry and to proper publicity reg ulations snd supervision of the depart ment of commerce and labor. The field covered by the Industrial com bination and by the railroads Is so very extensive that the Interests of the public and the Interest of the business concerns cannot be properly subserved exc pt by reorganisation of bureaus In the depart ment of commerce and labor, or agri culture and the department of justice and a change In the Jurisdiction of Interstate Commerce commission. It does not as sist matters to aspire to prescribe new duties for the Interstate Commerce com mission which It Is practicably Impos sible fof It to perform or to denounce now offenses with drastic punishment, unless subordinate and ancillary legisla tion shall be passed making possible the quick enforcement 1n the great variety of cases which are constantly arising, of the principles laid down by Mr. Roose velt, and with respect to which only typical Instances of prosecution with the present machinery are possltile. Buch leg islation should and would greatly promote legitimate business by enabling those anxious to obey the federal statutes to know Just what are trie bounus or ineir lawful action. The practical construct ive and difficult work, therefore, of those who follow Mr. Roosevelt Is to devise the ways and means by which the high level of business Integrity and obedience to law which he haa established may be maintained and departures from It re strained without undue Interference with legitimate business. It Is agreeable to note In this regard that the republican platform expressly and the democratic platform Impliedly ap prove an amendment to the Interstate commerce law, by which Interstate rail roads may make useful traffic agreements If approved by the commission. This has been strongly recommended by President Roosevelt and will imke for the benefit of the business. Physical Valuation. Some of the suggestions of the demo cratic platform relate really to this subordinate and ancillary machinery to which I have referred. Take, for Instance, the so-called physical valuation of railway. It Is clear that the sum of all rates or receipts of a railway, less proper expenses should be limited to a fair profit upon the reason able value of Its property, and that If the sum exceeds this mennura. It ought to be reduced. The difficulty In enforcing '.he principle Is In ascertaining what Is the reasonable value of the company's prop erty, and In fixing what Is a fair profit. It Is clear that the physical value of a railroad and Its plant, Is an element to be given weight In determining Its full value; but as President Roosevelt In his Indianapolis speech and ths supreme' court have pointed out, the value of the railroad as a growing concern, Including It good will, due to efficiency of service and many other circumstances, may be much greater than the value of Its tangible property and It Is the former that measures the Investment on which a fair profit must be allowed. Physical valuation properly used will not generally Impair securities. I am con fident that the fixing of rates on the Principle suggested above would not ma orially Impair the present market value of railroad secterltlea In most cases for I believe that the normal Increase In the value of railroad properties especlnlly In their terminals will more than make up for the possible over capitalization In early years. I have discussed this with some degree of detail merely to point out that the valuation of the Interstate Commerce commission of the tangible property of a railroad Is proper and may from time to time be necessary in certain of the Issues which may come before them and that no evil or Injustice can como from valuation In i such cases. It be understood 'that the result Is to be used for a Just purpose, and the right to a fair profit under all the circumstances Is recognized. The In terstate Commerce commission has not the fiower to ascertain the value of the phys cal railroad property If necessary In de termining the reusonobloness of rates. If the machinery for doing so Is not ade quate, as la probable,-it should be made so. The republican platform recommends legislation forbidding the Issue In the fu ture of Interstate railway stockev and bonds without federal authority. It may occur In such cases tha.t the full value nf the railway, and as an element thereof, (the value of the tane-lbls rirnDcrtv of the railway, would be a relevant and Import" ant factor In assisting the proper author ity to determine whether the stocks and bonds to be Issued were to have proper security behind them, and In such case therefore there should be the right and machinery to make a valuation of the physical property. Control of Trusts. Another suggestion In respect to su bordinate and ancillary machinery neces sary to carry out republican policies Is that of the Incorporation under national law or the licensing by national license or enforced registry of companies engaged In Interstate trade. The fact is that nearly all corporations doing a commercial business, are engaged In Interstate com merce, and If they all were required to take out a federal license or a federal charter the burden upon the Interstate business of the country would become In tolerable. It la necessary therefore to devise some means for classifying and ensuring fed eral supervision of such corporations as have the power and temptation to effect restraints of Interstate trado and monopo lies. Buch corporations constitute a very small percentage of all engaged in In terstate business. The combination of canltal in large plants to manufacture goods with the greatest economy Is Just a necessary as the assembling of the parts of a machine to the economical and more rapid manu facture of what In old times waa made by hand. The government should not Inter fere with one any more than the other, and when auoti aggregations of capital are legitimate and are properly controlled they are then the natural result of mod ern enterprise and are .beneficial to the public. In (he proper operation of compe tition the public will soon sharo with the manufacturer the advantage In economi cal operation and lower prices. . What It Unlawful -Trust? When, however, such combinations nre not. based on any economic principle but are made merely for the purpose of con trolling the murket to maintain or raise prices, restrict output and drive out com petitors, the public derives no benefit and we have a monopoly. There must be some use by the company of the comparatively freat else of Its capital and plant and ex ent of Its output, either to coerce persons to bujr of It rather than ofs somn com petitor or to coerce those who would com pete with It to give up their business. There must usually, In other words, be shown an element of duress In the conduct of Its business townrd the customers In the trade and Its competitors before more aggregation of capital or plant becomes an unlawful monopoly. It la perfectly conceivable that In the Interest of econ omy of production a great number of plants may be legitimately assembled un der the ownership of one corporation. It Is Important, therefore; that such large aggregations of capital and combination should be controlled so that the public may huv4 the advantage of reasonable prices and that the avenues of enterprise may be kept open to the Individual and the smaller corporation wishing to In guiro In business. Unlawful trusts should be restrained with all the efficiency of Injunctive pro cess and the persons engaged In malntain them should be punished with all ths .rlty of criminal prosecution, In or uer that methods pursued in the opera tion of their business shall be brought within the law. To destroy them and to eliminate the wealth they represent irom tne prouuemg capital or tne coun try would entail enormous loss and would throw out of employment myriads of worklngmen and worklttgwomen. Buch a result is wnoiry unnecessary to the acoompllsliment of the needed 4 reform, ana win lniuci upon tne innocent fnr greater punishment than upon the guilty. The democratic platform does nut pro inst to destroy the plants of the trust physically, but it proposes to du the same thing In a different way. The business of this country la largely dependent upon a protective system of tariff.' The busl nets dona by many of the so called trusts Is protected with the other businesses of tne country, me oemocratlu platform proposes to take off the tariff on all articles coming Into competition with those produced by the so called "trusts. and to put them on the free list. If such a course would be utterly destruct Ive of their business, as it ta.-hidned. It would not only destroy the trusts, but all or tneir smaller competitor. The ruthless and impracticable charac tor or ine prouiiioii grows plainer as Its effect upon the whole country are realised. To take the course suggested by the democratic platform In thi-ne matters Is to invoke the entlrs community, Innocent as It is. In Ihe punishment of the gulliy, wnua our poncy u ig siwimp out tne sue clllo evil. Doctrine of Protection. The republican doctrine of urota-t!on. ai definitely announced by lb republicans this year snd by previous conventions. I thst a tsrlff shall be Imposed on all Im ported products, whether of the factory, farm or mine, sufficiently great -to equal the difference between the cot of pro duction abroad and at home, and that this difference should, of course, Include the difference between the higher wages psld In this country and the wages ld abroad snd embrace a reasonable profit to the American production. A system of protection thus adopted and put In force haa led to the establishment of a rate of wages here that has gristly en hanced the standard of living of the la boring man. It Is the policy of the re publican party permanently to continue that standard of living. In 1K1 the King ley tariff bill was passed, under which we have had, as already said, a period of enormous wealth. The consequent material development has greatly changed the conditions under which many, articles described by the schedule of the tariff are now produced. The tariff In a number of the schedules exceeds the difference between the cost of production of such article abroad and at home. Including a reasonable profit to the American producer. The excess over that difference serves no useful purpose, but offers a temptation to thoee who would monopolise the production and the sale of such article In this country to profit by the excess overrate. On the oth er hand, ' there are other schedules in which the tariff Is not sufficiently high to give the mensore of protection which thejr should refelve upon republican prin ciples, as to thoee the tariff should be re duced. A revision of the tariff under taken upon this principle, which Is at the basis of our present business system, be gun promptly upon the Incoming of the new administration and considered at the special session with the preliminary In vestigations already begun by the appro priate committee of the House snd Sen ate, will make the disturbance of business Incident to such a change, as little as possible. The democratic party In Its platform has not had the courage of Its previous convictions on the subject of the .tariff denounced by It In 1!4 as a system of the robbery of the many for the benefit of the few, but It does declare Its Intention to change the tariff with a view to reaching a revenue basis and thus to depart from the protective system. The Introduction Into power of party with this avowed pur pose cannot but halt the gradual recovery of the more recent financial depression and produce business disaster In com parison with which our recent panic and depression will seem small Indeed. Question of Labor. We come now to the question of Inbor. One Important phase nf the qualities of the present administration has been' anxiety to secure for the wage earner an equality of opportunity and such positive statutory protection ns will place him on a level In dealing with his employer. The republican party has passed an employ ers' liability act for Interstate railroads and has established an eight-hour law for government employes and on government construction. The essence of the reform affected by the farmer Is the abolition of the fellow-servant rule, and the Introduc tion of the comparative negligence theory by which an employe Injured In the ser vice of his employer does not lose all his right to recover because of slight negli gence on his part. Then there lstneact pro viding for compensation for Injury to gov ernment employes, together with the va rious statutes requiring safety appliances upon Interstate commerce railroads for the protection of their employes and lim iting the hours of their employment. These are all Instances of the efforts of the republican party to do Justice to the wage earner. Doubtless a more conserva tive measure for compensation of gov ernment employes will be adopted In the future; tho principle In such cases has been recognized, and Is necessarily some what slow course of legislation will be more fully embodied In definite statutes. The Interests of the employer and the employe never differ except wlVn It comes to a division of the joint profit of labor and capital Into dividends and wages. This must be a constant source of irl odlcal discussion v between the employer and employe as Indeed are the other terms of the employment. To give to employes their proper posi tion In such a controversy to enable them to maintain themselves against employers having great capital, they may well unite, because In union there Is strength and without It each Individual laborer and em' ploye would be helpless. The promotion of Industrial peace through the Instru mentality of the trade agreement Is often one of the results of such union when In telligently conducted. There Is a large body of laborers, how ever, skilled and unskilled, who are not organised into unions. Their rights be fore the law are exactly the same as those of the union men, and are to be protected with tho same care and watchfulness. Right of Labor. In order to Induce their employer Into a compliance with their request for changed terms of employment workmen have the right to strike In a body. They have a right to use such persuasion as they may, Srovlded It docs not reach the point of uress, to lead their reluctant co-laborers to Join them In their union against their employer and they have a right. If they choose, to accumulate funds to support those engaged in a strike, to delegate to officers the power to direct the action of the union, and to withdraw themselves and their associate from dealing with, or giving custom to those with whom they are In controversy. s What they have not theVlght to do Is to Injure their employers' property, to In jure their employer's business by use of threats or methods of physical duress against those who would work for him or deal with him or by carrying on what It sometimes known as a secondary boy cott against his customer or those with whom ne deals In business. All those who sympathise with them may unite to aid them in tneir struggle, out tney may not through the Instrumentality of a threat ened or actual boycott eomnel third per sons against their will and having no In terest In their controversy to come to their assistance. These principles have for a great many years been settAJ by the courts of this country. Threatened unlawful Injuries to business, l)ke these described above, can only be adequately remedied by an Injunction to prevent them. The Jurisdiction pf a court of equity to enjoin In such cases arises from tho character of the Injury and the method of Inflicting It and the fact that suit for damages offers no adequate rem edy. N- The Injury I not done by one single act, which might be adequately compensated for In damages by a ault at law, but It la the result of a constantly recurring series of acts, each of which In Itself might not constitute a substantial Injury or make aJ suit at law worth while, awl all or which would require a multiplicity of suits ut law. Injuries of this class have since the foundation of courts of equity been pre vented by injunction. It ha been claimed that Injunctions do not Issue to protect anything but property rights, and that business Is not a prop erty right but such a proposition Is wholly Inconsistent with all the decisions of the court. The supreme court ef the United Stales says that the Injunction lu a rem edy to protect property or rights of a pe cuniary nature and we may well submit to the considerate Judgment of all luymen whether tho Hunt of u man In his busi ness Is not a distinctly a right of n pe cuniary ntlturo as tue right to his norm or his house or the stock of goods on his shelf, and the Instances In which lnjunc tions to protect business have been upheld by all courts, tire so many that It is futile further to discuss the- proposli Ion. It la dirncult to toll tne meaning nf. the democratic platform upon this subject. It says: 'uuestlnns of Judicial practice have arlaon especially in connection with In dustrial disputes. We deem that tho lartles to all Judicial proceedings should e treated with rigid lniartlnlltand that Injunctions should not be Issued 111 any cus In which Injunctions would not Issue If no Industrial dispute were Involved. The declaration Is dlslngenlous. It seems to have been loosely drawn with the pur pose or rendering it susceptible to one Interpretation by one set of men and to a diametrically opposite interpretation by another. It doea not aver that Injunctions should not Issue In industrial disputes, but only that they should not Issue because they are uuiustriai aiaputea, and yet those riwponslhle lor tue uei laiutiuu must have known that no one ever maintained that the fact that a dispute was Industrial gave anv basis for Issuing an Injunction id reference thereto. The declaration seems to be drawn tn Its prerent vague and ambiguous shape to pcruu!a some people that it la a declaration against the Issue of Injunctions in any Industrial dispute while at tho uma time It may be puamlhle to explain to the average plain c.tlicn who objects to class distinctions that ro such Intention exists. Our position n clear and unequivocal. Wo are anxious to prevVnt even an appearance of in justice to lab.ir In issuing injunctions, not tn the spirit of favoritism to any set of our fellow c.tlaens, but in the Interest of J untlce to all. The itaaon for exer cising or refusing to ixcrc.ns the power of injunction must be found in inu char acter of the unlawful injury snd not mi the character cr class of Inu psr4.ui v. ho Indict the Injury. i The man who haa a huslntvg whl-h. Is being un'-iwfully Injured la ent.tled to tliuvtcrr.edlfs which the law has always given him. no matter who ha Inflicted the lniur.es. othcrwlee we shall have class leg'slailsi unjust in pi tne pis and likely to sap the foundations of a flee government. Issue of Injunction. I come now to the .question of notice before Issuing an Injunction. It Is a fundamental rule of general Jurisprudence that no man thall be affected Jy a Judi cial proceeding without notice and hear ing. This rule, however, has sometimes had an exception In the Issuing of tem porary restraining orders commanding a defendant In effect to rr.fllntnln the status quo until a hearing. fluch a process should Issue only In rare cases where the threatened change of tke statu quo would Inflict Irreparable Injury if time were tnken to give notice nd a summary hearing. Tho unlawful Injury ueual In Industrial disputes, such as I -have de scribed, does not become formidable ex cept after sufficient time In which to give the defendants notice and a "hearing, t do not mean fo say that there may not be cases even In Industrial disputes whrre a restraining order might properly be Issued without notice, but generally I think It Is' otherwise. In some state courts, and In fewer fcdral courts, the practice of Issuing a ti rnoorary rertrsln Ing order without notice merely to pre serve the status quo on the theory that It won't hurt anybody has been too com mon. Many of us recall that the practice hns been pursued In other than Indus trial disputes, as, for Instance, In cor porate and stock controvert les like those over the Krle railroad. In which a stay order without notice was regarded as a step of great advantage, to the one who secured It and s crresondlng disad vantage to the one against whom It was secured. Indeed, the chances of doing Injustice oin an ex parte application are much Increased over these when a hear ing Is granted, and there may be circum stances under which It may affect the defendant to bis detriment. In the case of n lawful strike the sending of a for midable document retrrt'idng a number of defendants from do'ng a grest many different things which the plaintiff avers they are threatening to do, often so dl courages men always reluctant to go Into a strike from continuing what 1 their lawful right. This has made the labor ing man feel that an Injustice Is done In the Issuing of a writ without nitlcc. I conceive that In the treatment or this question It Is the duly of the citizen and the legislator i"vlew the subject from the standpoint of the man who believed him self to lie unjustly treated, as well as from that of the community at large. I have suggested the remedy of returning In such cases to the original practice un der the old statute nf the United States and the rules In equity adopted by the supreme court, which did not permit the Issuing of an Injunction without notice. In this respect the republican convention has adopted another remedy that, with out going so far, promises to be effica cious In securing proper consideration In such cases by courts, by formulating Into a legislative act the best present prac tice. Under this recommendation a statute may be framed which shall define with considerable particularity and emphasis the exceptional character of the cases In which rcstcalnlng orders may Issue with out notice, and which shall also provide that when they are Issued they shall cense to he operative beyond a short period, during which time notice shall be served and a hearing had, unless the de fendant desires a postponement of the heating. By this provision the Injustice which has sometimes occurred by which a preliminary restraining order of widest application has been lissued without no tice and the hearing of the motion for the Injunction has been fixed weeks and months after Its date could not recur. , The number of Instsnces In which re straining orders without notice In In dustrial disputes have Issued by federal courts Is small, and it Is urged that they do not therefore constitute an error to be remedied by statutory amendment. The email number of rases complained of above sh'iws the careful manner In which most federal Judges have exercised the Jurisdiction, but the belief that such cases are numerous has been so wide spread and has aroused such feeling of injustice that more definite specification In procedure to prevent recurrence of them Is justified If It can he effected with out Injury to the administration of the (aw. With respect to notice tho democratic platform contains no recommendation. Its only intelligible declaration In regard to Injunction suits Is . a reiteration Jt the plank In the platforms of ISM and 1S04 providing that In probecutlons for con tempt In federal courts, where the viola tion of the order constituting the contempt charged la indirect, 1. c, outside of the presence of the court, there shall be a Jury trial. 1Mb provision In the platform of 1896 was regarded then as a most dangerous alack upon the power of the courts to enforce their orders and decrees, and It was one of thfc chief - reasons for the defeat of the democrats In that contest, as It ought to have been. The extended operation or such a provision to weaken the power of the courts In the enforce ment of Its lawful orders can hardly be overstated. Effect of Jury Trial. Under such a provision a recalcitrant witness who refuses to obey a subpoena may Insist on a Jury trial before the court can determine that he received the sub poena. A citizen summoned as a Juror and refusing to obey the writ when brought Into court must be tried by an other Jury to determine whether he got tne summons. Kucti a provision applies not alone to Injunctions, but to every order which the court Issues against per sons. A suit may be tried In tho court of first Instance and carried to the court of appeals and thence to the Bupreme court, and a Judgment and decree entered and another Issued, and then If tho decree Involves the defendant'a doing anything or not doing anything, and he dlsoheya It, tho plaintiff who has pursued his rem edies in lawful course for years must, to secure his rights, undergo the uncertain tie and the delaye of a jury trial before he can enjoin that which Is his right by the decision of the highest court of the land. I eay without hesitation that such a change will greatly Impair the lndts pcru.able power and authority of courts. Securing to "the public the benefits of the new statutes enacted in the present administration the ultimate Instrumental ity to be resorted to la the courts of the United States. If now their authority la to be weakened In mariner never known In tho history of the Jurisprudence of Eng land or America, except In the cnnstitutUin of Okluhoma. how can we expect that such statutes will have efficient enforce ment? Those who advocate thla Interven tion of a Jury In such cases seem to sup pose that this chango In some way will Inure only to the benefit of the poor worklngman. As a matter of fact the person who will secure chief advantage from It la the wealtny and unscrupulous defendant, able to employ astute and cun ning counsel and unxlous to avoid Jus tice. .Tho Currency System. The Into panic disclosed a luck of elac- tlclty In our financial system. This hns Ix'ini pi'ovhionully met by an net by the present iimgress permitting the Issue of additions bank notes, emergency bank notea, ni:d Insuring their withdrawal whin the emergency has passed by a rate of taxation. It Is drawn In conformity with the yi'sent syitem of bnnk note currency but vr. rii's fiom It In certain respects by niith irlilMg the use of commercial paper and hoods of good security, as well as I tilted States bonds, us security for Its redCiiipMon. it Is expressly but a tempor ary me is ute nnil contains a provision for the appointment of a currency commis sion tti lievli-ic nnd recommend tt new and reforn I i-ysiem of currency. This Inade quacy of our pre-cnt currency syatvin, due to ch'ini.ed conditions and enormous expnns'tm, is generally recognized. The repub'Ieaa platform well states that wo must h;ie : "more elastic and adaptable system to meet the requirements of uxrl eult'i"'is h, manufacturers, merchants and busi:,is men generally, must lie automatic In op T.il'on rccnpnlsitts the tluciuations In lnpnsta rates, "In which every dollar khull be in i;ood as sold, und whltli shall prevent rather than aid tluunelal string ency t bring on u luinlc. Voluntary Guaranty Plan. A pl-:i for u guar inly of deposits by Ihe voluntary act of the bank Involved, has been favorably reported tJ tha House of Uep-rsent.iLlvi s This, of course, entirely different from the scheme In the demo cratic platform, omitting as It docs the features of cumpulsory participation ami governmental (.uar.wily. This proposition will itr.iucsiKin.ihly receive the thought ful con.t'deratloii of the iitlonul monetary conimi;.s!o;i. The Negro. The renvbllcan platform refers to those ameuoiiKiiits to iIih constitution that were paaof -i b., tho ri'pi.lilican puny for the pro tect'on of the. mro. Tne negro, in the i'l years s.iue he was freed from slavery has made remarkable prorreas. He Is be coming more and more a valuable member if the communities la which ha lives. The Kiucation cf tho iasro is htSjng cxpuf.dL-tl mil Improved in every way. The best men of both rv-es, with the North as well ui at tli fc'oth, iKilit to rejoice to siee crowing; op among ihe sauihern people ati .jl'.utf.'iHsl i ! meat i!i-hi"1 to ucoiirage tin- r.egrn In h i hsrd strugeM for tmtua irlal iii.lf pel..!.'. Ci mid Hsurcd poll tier, I amies. The repuhlaan p:atform, adopted a: O1.CJ40, cxji.ici.ely demand Justice for all r.ief. wVhcr.t rt-jard to rain Or color .-.njj lust hs fxyil"it',y declares for the f n-forccm.-nt ami without reservation, in let ter 1". ivii-i; of t w l"th. lth a tl J lath ar.Kn.'nifntrj to the constitution. It 1 ne'2s 10 stKte tint I stand with my party securely uu Ui( pUuk In the plat form and believe that equal Justice to all men, and the fair and Impartial enforce ment of these amendments Is In keeping with the real American spirit of fair play. Army and Navy. Mr. McKlnley and Mr. Roosevelt and the republican party have constantly advo cated a policy with respect 'to the army snd navy that will keep this republic ready at all times to defend her territory and her doctrines, and to assure her appropriate part In promoting permanent tranquility smong the nations. I welcome from what ever motive the change in the democratic attitude toward the maintenance and sup port of an adequate navv. and hope that In the next platform the silence of tho present platform In respect to the army will be changed to an acquiescence In Its maintenance to the point of efficiency In connection with the efficiently re-organ-Ized m!l'a and the national volunteer for the proper defense of the country In times of war, and the discharge of those duties In times of pence for which the army as at present constituted has shown Itself so admirably adapted In the Philip pines, in Sin Francisco, In Cuba and else where. We are a world power and cannot help It and although at peace with the worlAnre secure In the consciousness that (he American people do not desire and will not provoke a war with any other country. We must be prudent and not be lulled Into a sense of security which would possibly expose us to national peril. Campaign Publicity. Another plank of tho democratic plat form refers to the failure of the repub lican convention to express an opinion trt favor of the phbllclty of contribution re ceived nnd expenditures made In elec tions. Here again we contrast our oppo nents' promises with our own act. Grest Improvement has taken place under re publican auspices In respect to the collec tion and expenditure of money for thl purpose. Th old and pernicious system of levying a nx on the salaries of gov ernment employe's In order to pay the ex penses of the party In control of the ad mln'sfration has been abolished by stat ute. y a law passed by the republican conprcss In M07 contributions from cor porations to Influence or pay the ex penses connected with the election of pres idential electors or of members of con gress Is forbidden under penalty. A resident of New York hns Tieen se lected as treasurer of the republican na tional committee, who was treasurer of the republican state committee when Oovornor Hughes was elected In New York nnd who made a complete state ment within 0 days after the election OS required by the New York law, nf the contributions received by him and the ex penditures made by him or tinder his au thority in connection with that election. Ills residence and the discharge of his duties In the state of New York subject him to the law of that state ss to all re ceipts of the treasury of the national committee from whatever source, afid as to nil its disbursements. His returns will be under the obligations and penaltlea of the law, and a mistatement by him or the filing of a false account will subject him to prosecution for perjury and violation of the statute. Of course, under the fed eral law he is not permitted to receive any contributions from corporations. If I am elected president I shall urge upon congress, with every hope of suc cess that a law be passed requiring a fil ing In a federal office of a statement of contributions filed by committees and can didates in elections for ttiemhers of con gress, and In such other Elections as are constitutionally within the control of con gress. Meantime the republican party by the selection of a New York treasurer, has subjected all Its receipts and expenditures to the cumpulsory obligation of such law. Against Income Tax. Tho democratic platform demands two constltutionhl amendments, one providing for an Income tax, and the other for the election of senators by the people. In my judgment, an amendment to the constitu tion for an Income tax Is not necessary. I believe that an Income tax, when the pro tective system of customs and the Inter nal revenue tax shall not furnish Income enough for government needs, can and should be devised which under the de cisions of the supreme court will conform to the constitution. The chief difference between the re publican and the democratic platforms 1( 1 ho difference which has heretofore been seen between the policy of Mr. Roos velt and those which have been advocated by the democratic candidate. Mr. Bryan. Mr. Roosevelt's policies have been pro gressive and regulative; Mr. Bryan's de structive. Mr. Roosevelt has favored reg ulation of the business In which evils have grown up so as to stamp out the evils and permit the business to continue. The tendency of Mr. Bryan'B proposals have generally been destructive of the business with respect to which he Is de manding reform. Mr. Roosevelt would compel the trusts to conduct their busi ness In a lawful manner and secure the benefit of their operation and the main tenance of the prosperity of the country of which they are an Important part. Election of Senators. With respect to the election of senators by the people, personally I am inclined to ftivor It, but it Is hardly a party question. A resolution In Ha favor has passed a re publican House of Representative sev eral times and ha been rejected In a re publican Senate by the votes of senator from both parties. It has been approved by the legislatures of many republican states. In a number of states, both dem ocratic and republican, substantially such a system now prevails. Our opponents denounce the republican party for Increasing the number of offices 23.000 at a cost IIS.OOO.OOO during the last year. Such denunciation la characteristic of the democratic platform. It falls to specify In any way what the offices are and leaves tho lnfrence that the Increase win resisted by the representatives of de mocracy In congress. As a matter of fact, the net number of offices Increased was. just about half the jiumber stated; the In crease waa due oblefly to the enlargment of the navy, the construction of the Pana ma canal, the extension of the rural free delivery and to the new offices necessary In the enforcement of .the pure food, meat inspection, railroad rate regulation, arid land reclamation, forest preservation and other measures which congress passed with almost unanimous popular approval. Independent Democrats. The democratic party under Its present leadership In prevlou campaigns has manifested a willingness to embrace any doctrine .which would win votes, with little sense of responsibility for Its prac tical operation. In Its striving for success It has Ignored the business prosperity of the country, has departed from sound economic and governmental principle and has reversed Its own traditional vlewe of constitutional construction. Patriotic members of the party have refused to be controlled by party tics and have either refrained from voting or have supported the republican candidate. May we not appeal to these courageous and Independ ent citizens again to give us their sup port In this campaign, because the rea sons for their breaking the bonds of party are stronger today than ever be fore? I have now reviewed at great length the principles at Issue between the two pur ties. Whon I began the preparation of tills speech I hoped to make It much lir.ef. r than It Is. but I found on an examination of' the platform and on a consideration of the many measure! passed during the present administration and the Issues arising out of them thai It was Impossible to deal with the sub jects comprehensively with proper expla nation and qualification tn a short discus sion Tills is niy excuse. 1 have pointed out that the attitude of tho republican party w,lth reference to evils wh.ch havo crept In, due to the enormous material expansion of this coun try. Is to continue- the Roosevelt policies of" progress and regulation, while the at tituilo of the democratic party under lt present leadership Is the change for the sake of change to the point of Irrespon sible destruction, and that there is 11c hone whatever of s restoration of pros perity in returning It to power. As salt! 111 our plutform, we republicans go be fore the country asking the support, not only of those who have acted with ui heretofore, but of all our fellow citlsem who, regardless of past political differ ences, unite In the desire to maintain the policies, .perpetuate the blessings and secure the achievements of a greetei America. No Othev Choice. The Rev. Dr. Lyman Abbott's state ment before, the people's Institute, "11 1 were not a Christian I would be a Jew," wna the subject of 11 dlscusaslon ut lin Hungarian coffee house .on the east side. "It's very nattering; to the Jews. I suppose," said an old mun, "but ft counts for nothing. An Austrian nojjlemnn once made a big tour. At Prague be said tnnt ir ne were not a u-iener he would like to be a Praguer. lie said the same thing with reference to Kudapest and other places when h vtsliej them. The various apeeche pleased the hearers, but I pref( the irisiiiiiau b "kjir, "And what wns that?" was asked. 'H became well1 acquainted with a Frenchtriuii, who said to hlrn once; "Pat, If I were not a, Frenchman I'd be an Irishman. Now, If you were not an Irishman what would you like to be?" "Sure," eald Pat. "If I were not Irish I'd be w-ali I'd be ashamed of myaelf." QUEBEC? MCEEENAK tfOMC or THE ZPiggWf IN THE lUJTOHYor THE Three hunilml years ngo Saruuel tie Chamiilnln, tliu French explorer, found ed the settlement of Quebec. Ia coiri Dieniorntion of Its tercentenary the rlty of QttrlH?c has ls?en having the great est celebration In Its history nnd one of the greatest ever held In the New World. The entire city gave Itself tip to festivities, for ten days, and Cana dians of both Hrltlsh nnd French an cestry Joined !ii making the event our to be remembered. - I The celebration wns attended by thd Prince of Wales, by representatives from all tile principal governments nnd by the greatest collection of warships, comprising Kngllsh, French and Ameri can vessels,' til at ever gathered in the St. Lawrence liver. The United States was representee! by Vice President Fair banks and Hear Admiral W. S. Cowles, brother-in-law of the President. Aus tralia sent the-earl of Dudley, New Zealand was represented by the Earl of Hanfurley and Sir Arthur de Vllliers represented Smith Africa. y Civil, re ligious, military -and naval authorities participated In the various ceremonies and festivities. There were huge and costly pageants, fetes, military parades and naval reviews to charm both eye and enr. The celebration was attended by nearly all Cannda, and thousands of expatriated Canadians gathered from the various foreign countries In which they have made their home. Impressive Ceremonies. The landing of Champlaln on the shore of tho St. Lawrence ami his se lection of the spot on which Quebec, the oldest French settlement in Cana da is built, were re produced. A great historical , pageant was given, illumi nated floats repre senting different events in the his tory of Quebec. There were parades in which the various crack Canadian reg iments took part. gen. James wolf prclr,ier Laurieand and other noted speakers mads ad dresses. There was a review of the English, French nnd United States ves sels in the St Lawrence river. Thanks giving mass wns held on the Plains of Abraham by the Catholics of the city, headed by the Canadian primate, ami thanksgiving services were held in the Episcopal cathedral. There was a great shore parade and a scene enacted rep resenting the landing of Wolfe's force, the ascent up the heights and the battle Of the Plains of Abraham. Then fare wells were exchanged aud the British squadron took its departure. The next day the French vessels followed suit, and finally the New Hampshire heaved anchor and bade farewell to Quebec. Battlefield a Park. Additional Interest Is lent to the cele bration by tho proposal of the Govern or General of Canada, Earl Grey, that the SOOth anniversary of the founding of Quebec be commemoroted by obtain ing for natlonnl possession as a park the famous battlefield of the Plains of Abraham, where Wolfe worsted Mont- MONUMENT TO CEjr. WOLFE. calm In the struggle for Canada, and Ste. Foy, where Montcalm overthrew the flrdt attempt of his British oppo nent to capture Quebec. A prison tt ml a ritle factory now oc cupy part of the historic battlefield. It Is proposed to remove both aud to con vert the battlefield Into a national park, in which are to be erected fitting mon uments to Chiimplalu, Wolfe and Mout calin, and probably, too, a colossal statue typifying jieace. Both English and French are contributing liberally to this project, and King Edward months ago sent a handsome subscrip tion. More than ?500,000 has been subscribed. The Victor at Quebec. The figure of James Wolfe, the young English general who lost his life in his attack on Quebec, is one of the most Interesting In American annals. In history he will go down as "the nian who changed the destiny of North America." His capture of Quebec, the Gibraltar of America, on Sept. 13, 17SS), meant more than probably he ever dreamed of. "With a handful of men," snld Titt afterward. In shaking of his victory to the House of Commons, "he has added an empire to British rule." He it was that put an end to French domination in Canada and saved this vast, rich territory to the English. Though he met his death in his thirty third year nnd though the capture of Quebec was his greatest exploit, he al ready had given evidence of a genius for arms, of a capacity for lending men and of personal qualities of energy. Had his life been spared he would have placed himself in the front rank of the great military leaders of the world. Wolfe's Dsrlssj lehesns. A more paradoxical nature than Wolfe's scarcely can be imagined. He was lmitetuous and stormy, tender and philosophical in turn. He had a quali ty of couimuuicating his Impetuosity 1 . - and enthusiasm to his men tn a way that made them irresistible In attack. What would have been perfect fooj hnrdiness in other men in Wolfe was Impetuous genius. Soou after the fall of Loulsburg, Wolfe becnnie tired of inaction and wrote to Pitt, urging au attack 011 Quebec. It seemed n rnsli nnd fool hardy enterprise. Quebec was known as one of the most strongly fortified N iKilnts 011 the continent, garrisoned by a large force, 4,000 of whom were the ' pick of ' the-French soldiers In Ameri ca, under the command of Montcalm, an able fighter' nnd a brave man. But. Httle daunied. Wolfe, with a force of less than 11,000 men, began to lay siege to the city.' Artillery was mounted: and much desultory fighting wns car Vied oti(J)ut with little effect on Mont- 5 ' k ' a. ? SAMUEL UK CI1AMPLA1N. calm, who was well protected behind his ramparts. Wolfe finally realized that hmcoulcl accomplish little by siege, and thai he must find some method of forcing. "Moutcalm to give battle in the open. He began an attack on Montcalm' camp June. 29, bombarding the city nfbanwUJle, but hls plans were not fully carrlexl out, and he was forced to recall his men. Soon after this he was taken' 111, and remained, in hi tent for some weeks, too weak IP .to move. However, when September came -round, he resolved upon action In spite of bis weakness. ' A nille and a half above Quebec he had discovered a little cove" called Anse-du-Foulon, now known ns Wolfe's Cove. He found that the place was " guarded by a certain Capt. de Vefgor who was exceedingly careless In hi method of keeping guard. Wolfe re solved to make this his landing point. On the evening of September 12 he quietly loaded 4.800 men on boats and dropped down the river with the tide, gliding beneath the forts tinder the cover of darkness. The landing was made nt Anse-du-Fouloi;, the guard were overpowered and morning fountf the thin red line of British troops drawn up two deep in battle array on. the Plains of Abraham, so named after an old royal pilot named Abra ham Martin. v The Defeat of Montcalm. Montcalm was fairly sturmcd by the audaclty of Wolfe's move, but confi dently turned out wtth twice the nura- ( ber of Wolfe's force to wipe his adver sary off the map. Wolfe ordered his men to hold their fire till the enemy were within forty yards. The French advanced steadily. "Fire!" ordered Wolfe. A solid sheet of flame leaped from the British ranks. The French line wavered before the terrible shpek. A second volley brought haVoc among. ' Montcalm's men. Then, placing him-, self at the head of the Loulsburg 'gren adiers, Wolfe led the charge, whicta bore down upon the French with irre sistible force. A shot wounded Wolfe in the wrist. A second struck him, and then a third in his breast stretched him. prone. Officers and men ru'shedto their fainting commander. His eyes were closed and his breath came feebly. "They run !" shouted some one. "Who run?" exclaimed Wolfe, open- . ing his eyes nnd half springing up. "Tho enemy," came the reply; "they give way everywhere!' "Then God be praised," said Wolfe,. Blnking back. "I die In peace." In fifteen minutes the fight was over,, the French utterly routed. Montcalm received a mortal wound from whlch. hc soon died. Quebec fell five days later and Canada passed out of the hands of the French forever. Scarcely less notable a man and lead er than Wolfe was Montcalm. A brave man, a kindly gentleman, an efficient soldier, it is prob able that he woulfT hiive saved Quelnjc and his own life had he not relied uion men who proved f a is e to- ' their duty. The . remains of General Wolfh are interred In the an c 1 e n t palace of Greenwich, Eng land, and a nie- de montcalm. .morlal to bis name Is erected In Westminster Abbey. The ashes of Moutcalm lie In the church of the Ursullne Convent at Quebec. Cham plain. Is burled In the old basilica of Quebec and his tomb Is familiar to thousands of American tourists. Itefbsra Would Huiilf Press. Mayor John E. Reyburn of Philadel phia began his long threatened reprisal aiinst the newspaper criticism of hi administration by bringing action for criminal libel against Editor Tan Valken" burg of the North American, together with three associate editors and three cartoonists whose pictures in that paper ' had offended bhe Mayor. Copies of an objectionable editorial and eight cartoon were submitted in evidence. In that edi torial the North American had criticised the order of the Mayor that the police power be used to prevent the Law and' Order Society from Interfering with the criminal teeorts of the city. After a brief hearing the accused editors and oar- . toociett were held in ball to trial A