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The Commoner
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'VILUAn J" BJ?YAN- EDITOR AND PROPRIETOR,
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Vol. 3. No. 52.
LincolK, Nebraska, January 15, 1904.
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Wholt No. 156J
The Statute of Limitations
A Lynch, N. D., reader of The Commoner
writes: "I notice that Llttauer goes free on ac
count of the statutory perioc of limitation hav
ing elapsed. What is the statute of limitations
and why should not a congressman or senator bo
punished whenever it is proved that he is guilty
of conduct which deserves punishment?"
The statute of limitations is provided on the
theory that with the lapse of a considerable per
iod of time, it would be difficult to gather all the
evidence in such a way that -the ends of justice
twould be served. There seems to be very general
agreement at this time that while it may not bo
wise to abolish the statute of limitations alto
gether, it would be well to at least extend the
.period. There are, however, many people who
Relieve that tho statute t should be entirely abol
ished. In 1837, . in a special message to congress,
President Jackson directed attention to the "dif
ficulties which have been Interposed under the
existing laws in bringing to conviction and pun
ishment the supposed incendiaries of the treasury
building in the year 1833." President Jackson
pointed out that "the peculiar circumstances of
jthls case had been long concealed and that flag
rant frauds by persons disconnected with the
government were still longer concealed, and to
screen some of which forever was probably the
principal inducement to the burning of the builds
ang." He said he desired not only to render tho
punishment for such crimes horoafter moro se
vere, but he desired to repeal entirely the statute
of limitations in criminal cases, except for small
misdemeanors, and in no event to allow a party to
avail himself of its benefits during the period tho
commission of the crime was kept concealed or
the persons on trial were not suspected of having
perpetrated the offense.
It would seem that readjustment of the stat
ute of limitations on the lines laid down by An
drew Jackson would be advisable at this time.
JJJ
Legal Tender.
A Grand Rapids, Mich., reader writes: "Please
give me a list of the money in circulation that is
legal tender and that which is not."
A Pittsburg, Pa., reader writes: "Will you in
form me if national bank notes are legal tender
in case of payment of a mortgage where- 'good and
lawful money' is called for."
"Good and lawful money" doubtless means
legal tender money.
National bank notes are not legal tender. They
are, however, redeemable in lawful money by
the United States treasurer at Washington or at
the bank of issue. This reader will find legal ten
der money described in the famous circular No.
1 123, issued by the United States treasury depart
ment. In this circular the status of each kind Is
stated as follows:
"There are ten different kinds of money in
circulatibn in the United States, namely, gold
coins, standard silver dollars, subsidiary silver,
gold certificates, silver certificates, treasury notes
issued under the act of July 14, 1890, United
States notes (also called greenbacks and legal
tenders), national bank notes, and nickel and
bronze coins. These forms of money are all
available as circulation. While they do not all
possess the full legal tender quality, each kind
has such attributes as to give it currency. Tho
status of each kind is as follows:
"Gold coin Is legal tender at its nominal or
face value for all debts, public and private, when
not below tb,e standard weight and limit of tol
erance prescribed by law; and when below such
standard and limit of tolerance, it is legal tender
in proportion to its weight.
"Standard silver dollars are legal tender at
.their nominal or face value in payment of all
debts, public and private, without regard to tho
amount, except where otherwlso expressly stip
ulated in the contract
"Subsidiary silver is legal tondor for amounts
not exceeding ?10 in any one payment.
"Treasury notes of tho act of July 14, 1890,
are legal tender for all debts, public or private,
except where otherwise expressly stipulated in
tho contract.
"United States notes are legal tender for all
debts, public and private, except duties on im
ports and Interest on tho public debt.
"Gold certificates, silver certificates, and na
tional bank notes are not legal tender, but both
classes of certificates are receivable for all public
dues, while national bank notes are receivable for
all public dues, except duties -on imports, and
may be paid out by tho government for all sal
aries, and other debts and demands owing by tho
United States to individuals, corporations, and as
sociations within tho United States, except inter
est on the public debt, and In redemption of tho
national currency. All national banks are re
quired by law to receive the notes of other na
tional banks at par.
"Tho minor coins of nickel and copper are
legal tender to tho extent of 25 cents."
JJ
THE CRIMINAL CLAUSE
A Magdalena, New Mexico, reader of Tho Com
moner directs attention to an article in which
The .Commoner urged the enforcement of tho
criminal clause op tho" Sherman anti-trust law.
This writer says that "tho criminal clause of tho
Sherman anti-trust law was repealed by the Elk
ins law. I mention this because The Commonor
asks for tho enforcement of tho criminal clause
when it is no longer in existence. Doubtless this
Elkins law game has escaped your notice "
Many people seem to entertain the same idea
advanced by our Now Mexico reader. Tho Elkins
law passed by tho last congress bears no relation
whatever to the Sherman anti-trust law. The
Elkins bill sought to amend the existing law re
lating to the publication of tariff rates by rail
roads and prohibiting railroad managers from
discriminating In rates. The original law pro
vided fine or imprisonment for those who violated
the provisions of that law. One of tho amend
ments made by the Elkins bill was that which
abolishes altogether the penalty of imprisonment
and provides for the imposition.of a fine from ?1,
000 to $20,000.
The Elkins bill became a law aad as a result,
in that portion of the federal statutes prohibiting
discrimination in railroad rates, there Is no im
prisonment penalty; but the Elkins bill did not In
any way refer to tho Sherman anti-trust law, and
does not in any way affect it. The Sherman anti
trust law is intact, and Its chief feature--the very
first section of that law- provides for criminal
prosecution of those who conspire In restraint of
trade.
It is easy to see how one may have been mis
led on this point because It is very easy to con
found the law dealt with by the Elkins bill with
what is known as the Sherman law. It might be
well for newspapers generally to Inform their
readers on this point because many people have
been misled.
JJ
A Little Reminder.
The Milwaukee News persists in putting itself
in a position to be denounced by the g. o. p. as a
"traitor" and a "disturbing element.' The News
calls attention to the fact that when Wall street
was solidly in favor of Mr. McKinley s election the
republican organs did not froth at the mouth be
cause of "plutocratic interference" nor denounce
Wall street support as an "element of weakness."
The News is not only sarcastic, but it Is decidedly
unkind to its republican friends.
' ' ' ' ae
Farming as an Occupation
.(Writton for Tho Cosmopolitan, and reproduced
by. courtesy of that magazine Copyright by
Tho Cosmopolitan.) '
It Is with exceeding pleasure that the fol
lowing suggestions are presented In regard to th
desirability of farming as a life occupation.
FirstIt is an Independent way of living, com
pared with work in tho city. Tho farmer can sup
ply his table with meat, vegetables, broad, milk,
buttor and eggs, and ho Ib less affected than the
residents of tho city by fluctuations In tho prlco of
theso commodities. Tho clothing account, too, lg
less for those who llvo upon tho Tarm than for
those who live in town, so that it is much easier
and much less embarrassing to practlco cfconoray.
Not only in dress, but In living, the fannor and
his family avoid tho rivalry that loads to ex
travagance, false pretense and tho onervallng
vices.
Second It requires less capital to begin work
upon a farm than to enter any othor sort of In
dependent business, and one can usually obtain
farm land on tho shares, whereas for any mer
cantile pursuit it Is necessary to pay rent, often
In advance. If one has not tho moanB to buy
horses, plows and agricultural implements, ho
can usually find a small piece of ground near a
town or city where ho can raise vegetables, and
thus make a start that will enable him to equip
himself for larger farming.
ThirdAll of tho members of the family can
assist in farming, and that, too-withoufc4mrdshlp.
Tho wlfo can, without sacrifice of dignity of a
great amount ot dnidgory, look after tho milk,
make tho butter, and take care of tho chickens.
Tho girls as thoy grow up can assist tho mother,
and the boys, before and after school and during
vacations, can help with the chores and with tho
farming. Their work Is no! only of pecuniary
value to tho household, but It can be rendered
in such a way as not to interfere with their
schooling, and is of much moro valuo to thorn in
tho way of exercise than any sort of sport in
which they can Indulge.
Fourth Life upon the farm is healthful. One
has outdoor air and exercise, both of which are
strengthening to tho body. The vigorous consti
tution developed upon tho iarm enables tho farm
ers' boy to outstrip tho city-grown boys in the
test of endurance that comes later in life.
Fifth The habits of Industry and application
acquired upon the farm are valuable capital, no
matter to what occupation or profefslon the mind
is turned. The patience, perseverance and energy
which are developed In rural life are the founda
tion upon which one must build In every honor
able avocation.
Sixth Farm life cultivates hospitality and
generosity, and without entirely removing temp
tations .gives parental Influence a chance to
strengthen the child before tho seeds of dis
obedience are Implanted by evil associations. Fco
ple who live miles apart in the co mtry are bet
ter acquainted with each other and moro attached
to each other than the neighbors who are hud
dled together In the samo flat or tenement house,
and yet the children who grow up upon the farm
can be more careful in their company and are less
apt to contract bad habits than boys in town.
In the city there is little manual labor for
the boy to do, and to keep him from associating
with the boys who are by chance thrown In his
Way requires a constant eyerclse of parental au
thority. In the country darkness shuts out tho
world and makes the fireside a welcome retreat
for all. The farm is also conducive to good morals.
Those who till the soil aro brought near to na
ture, and their contact with the earth and Its
marvelous activities breeds reverence and respect
for the Creator of all things. The farmer lives
amid miracles and feels each year his dependence
upon the Unseen Hand that directs the seasons
and sends the refreshing showers. Reverent
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