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The Commoner
VOLUME 7, NUMBER 31
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writer Is going to finish up by re
printing a bit of vorso ho wroto sov
oral years ago, and which appeared
originally in the Inland Printer. It
is appropriate to the occasion, and
besides it will help AH the spado
without unduo montal effort. The
poem is entitled 'Only a Printer."
Only a printer I His finger tips.
Give voice again to long (load lips,
And from a past and . hoary ago
Recall the words of seer and sago.
No painter ho
But lino by lino ho tolls the tale
That color gives to canvas pale,
And masters old before us stand
With brush and palette claspod in
hand,
So wO'inay soo.
With patient toil, while others sleep,
He makes the ages backward creep,
And knights in armor I'ido and fight,
"For God, my lady and tho right."
sNo player ho
But' by the magic of his hands
Tho curtain rises in all lands,
And actors for a season rago
Their few brief hours upon tho stage,
So we may see. v '
"- ..
Only a printer! His magic trade '
Hath all earth's scenes before lis
laid, -
Ho moves his nimble hands, and lo,
The world with knowledge is aglow!
And by the magic of his art
Grandfathers Cure for
Constipation '
Tho future's curtains draw apart
So wo may see.
Only a printer! His magic spell
Prcsorvos earth's sweetest story
woll; .
Of how, on Calvary's cruel tree
Tho Savior died to make men free.
A prophet he
For by his art he makes the book
Wherein tho weary soul may look,
And looking, see the promise blest
Of homo, and lovo, and endless rest
Eternity
But thoro goes the signal for the
"Gorman lunch," and tho little
woman is showing, signs of hungry
impationco. That's all for this week.
W. M. M.
What Judge
Landis
Said
(Continued from Page 5)
REAT medicine, the Sawbuck.
Two hours a day sawing wood
will keep anyone's B o w e 1 3
MWiaHbreuter
fcjjsjjsjaw
I kP
nor "Physic," if you'll only work the Saw-
buck regularly.
Exercise is Nature's Cure for Constipa
tion and, a Ten-Mile walk will do, If you
haven't got a wood-pile.
But, if you will take your Exercise in an
Easy Chair, there's only one way to do that,
because, there's only one kind of Artificial
Exercise for the Bowels and its name is
. "CASCARETS."
- s Cascarets are the only means to exercise
the Bowel Muscles without work.
They don't Purge, Gripe, nor "upset
your Stomach," because they don't act like
"Physics."
They don't flush out your Bowels and
intestines with a costly waste of Dlgenve
Juice, as Salts, Castor Oil, Calomel, Jalao,
or Aperient Waters always do.
No Cascarets strengthen and stimulate
the Bowel Muscles, that line the Food
passages and that tighten up when food
touches them, thus driving the food to its
finish.
A Cascaret acts on your Bowel Muscles
as If you had just sawed a cord of wood, or
walked ten miles.
That's why Cascarets are safe to take
continuously In health or out of health.
Because they move the Food Naturally,
"The real question hore is wheth
er the defendant accepted the con
cession knowingly, and in determin
ing this it need not be, affirmatively
shown that the defendant had actual
knowledge of the lawful rate. The
defendant must be presumed to have
knoVja that which a diligent en
deavor made by an honest man in
"good faith to ascertain the lawful
rate vVbuld have disclosed to him.
The burden of this diligent endeavor-
is not to be diminished or
increased by the supposed existence
or a,Jitf3ence of a lawful rate on some
ottier road equal in amount to the
rite accepted by tho shipper. To
rffilopt the defendant's contention
would be to impose on the occasional
shipper who can not employ a traffic
grftftS-Oo not expert in
what, if any, corporation held the
stock of the defendant Standard Oil
Company of Indiana; what the out
standing capital stock of such hold
ing company was, and what its net
earnings and dividends were for the
three years covered by the indict
ment. This information, which the
court deemed it his duty to obtain
in order that he might advisedly ex
ercise tho discretion required by law
in fixing the punishment, the de
fondant's counsel, after deliberation,
refused to give. The court, there
fore, caused subpoenas to bo issued
requiring the presence here of the
principal officers of the Standard Oil
Company of Indiana and of the
Standard Oil Company of New Jer
sey. Defendant's counsel thereupon
applied to the court to recall these
subpoenas, representing that such
principal officers wero not in posses
sion of the information sought by
the court, and suggested that the
subpoenas be limited to a certain
person who, it was stated, had the
information and whose name coun
sel offered to give to the court.
"In response to the court's in
quiry, however, as to whether such
person would testify or refuse to an
swer, should that course be adopt
ed, the statement was made that he
might decline to answer on the ad
vice of counsel. Therefore, being of
the opinion that if there was to be
such refusal to testify it ought not
to come from some subordinate se
lected by the defendant for that pur
pose, the court declined to recall the
subpoenas. Accordingly they were
duly served. On the examination
of the president and secretary of the
Standard Oil Company of New Jer
sey it appeared that a very large
proportion of the stock of the de
fendant Standard Oil Company of
Indiana was held by individuals for
the stockholders of the Standard Oil
Comnanv of New JersGv: that, tho
traffic matters a moreTiglTr 0
digesting It without waste of tomorrow's
Gastric Juice.
The thin, flat, Ten-Cent Box is made
to fit your Vest pocket, or "My Lady's"
Purse. Druggists 10 Cents a Box.
Carry it constantly with you and take a
Cascaret whenever you suspect you need
one.
Be very careful to get. the genuine
made only by the Sterling Remedy' Com-
pany, and never sold in bulk. , Every tab
let stamped "CCC.,, , " ' 738
ment than that imposed upon the
continuous shippers, by excusing the
latter on account of what his large
business might enable Mm to know
of rates on other roads from penal
ties which would be imposed upon
the former for the same act. More
over, it is to be observed that what
a shipper might know respecting
rates in force on one road would
not inform him of what rates were
lawfully in force on another road.
The most that can be said for the
defendant's contention in tins re
gard is that the shipper might as
sume , tho same rates to be in
force on competing lines. But the
law does not allow him to assume.
He must know what he can ascer
tain by inquiry. The .rate once, es
tablished and available to him on
application he must pay.
Hardships Not Impressive
"Tho court is not impressed by
the doleful predictions of counsel for
the defendant as to the hardships
upon the honest shipping public to
be anticipated from the enforcement
of this rule. The honest man who
tenders a commodity for transporta
tion by a railway company will not
bo fraudulently misled by that com
pany into allowing it to haul his
property for less than the law autho
rizes it to collect. For the carrier
thus to deceive the shipper would
be to deliberately incriminate itself,
to its own pecuniary detriment,
which it may safely be trusted not
to do.
"The only man liable to get into
trouble is he who, being in control
of the routing of large volumes of,
traific, conceives ,a scheme for the
evasion of the lajyr and connives with
railway officials for its execution.
Information was Refused
: : .-' JFdr :tho . guidance: :6f the. court in
deterniining the penalty to be fixed'
iii. 1th is. case, the court) , requested
counsel to furnish information as to
Standard Oil Company of New Jer
sey was approximately one hundred
million dollars; that the annual div
idends of that company during the
three years covered by the indict
ment were approximately forty per
cent and that its net earnings for
the period mentioned were approxi
mately two hundred million dollars.
It also appeared from r. certified copy
of a resolution of the stockholders
of the Standard Oil Company of In
diana increasing its capital stock,
that of its million dollars capital all
but four one hundred dollar shares
Were owned by what is called
'Standard Oil Trust.'
"-The enforced attendance and tes
timonay of these witnesses was re
sisted as extra-judicial -and unwar
ranted. The rule governing the pro
ceedings, as found in Bishop's New
Criminal Law, volume I, sections
948 and 950, is as follows:
" 'The entire transaction in which
a crime was committed may embrace
more of wickedness than the indict
ment charges; or there may be other
circumstances of aggravation, on the
one hand, or of mitigation on the
other. Therefore, if the law has
given the court a discretion as to
the punishment in pronouncing sen
tence it will look into any evidence
proper to influence a judicial magis
trate to mako it heavier or lighter
Or this sort of evidence may
be delivered to the jury at the trial
if with it is the assessment of the
punishment. But we have authority
for the proposition that in such a
case the aggravating matter must
not be of a crime separate from tho
one charged in the indictment a
rule perhaps not applicable where the
court determines, after verdict, the
punishment. This evidence,
thus addressed to the discretion of
the judge, need not be attended by
the formalities required on the main
issues before the jury. The court
will now, if it sees no reason to
order otherwise, listen to ex parte
affidavits. And even hearsay evi
dence, inadmissible on general prin
ciples, has under special circum
stances been suffered on this issue.
A witness may be compelled by
subpoena to be present.'
Quotes Defendant's Counsel
From the defendant's formal re
fusal to furnish the court with this
information' subsequently brought
out on the hearing, the court quotes
the following language of counsel:
" 'I will not be understood as say
ing that upon the application for
judgment upon the verdict either
party may not urge considerations
which may be fairly made from the
evidence introduced before the court
upon the trial. And it is proper for
the defendant to present circum
stances which he could not intro
duce in evidence upon the. trial in
mitigation of the penalty. The de
fendant here reserves its rights in
that respect, and whenever the ques
tion is considered as properly aris
ing in the case, whether now or at
some later day, the defendant will
"be"pTGpaTed-td -present such consid
erations as it may be advised are
proper, if there is occasion thereof.'
"In view of this statement, and at
the conclusion of the supplementary
examination of the officers of the
Standard Oil Company of New Jer
sey, above referred to, th.e court
offered to hear any evidence that
might be submitted by the defend
ants as tOnding to show that neither
it nor the Standard Oil Company of
(New Jersey had ever violated the
interstate commerce law before, such
evidence to be considered by the
court in mitigation of punishment.
"On the following Monday the de
fendant's counsel presented to the
court its formal reply, denying the
propriety of such an inquiry and de
clining, of its own motion to submit
anything. From this document the
court quotes the following:
" 'For this defendant now to as
sert its Innocence of matters that it
is not charged with or attempt to
show that it has been innocent of
any wrongdoing in connection with
matters outside of this record, when
there is nothing before the court
charging it with such wrongdoing,
would present a situation unheard of
THE PRIMARY PLEDGE
I promise to attend all the primaries of my party to be held between
now and the next Demociatic National Convention, unless unavoidably
prevented, and to use ray influence to secure a clear, honest and straight
forward declaration of the party's position on every question upon which
the voters of the parly desire to speak.
Signed.
zj
Street. . .". Postofllce.
'.'H
County, ... v si ate. ..... . . . . Voting- Precinct or Ward; . . .
. Fiu fi Wnk a"d !i"al to 'Commoner Office, ;Lincoln Nebraska.
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