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MARCH 12, 10
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The Commoner.
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IN ADDITION to the Indictments against the
New York World by the federal grand jury
in the District of Columbia, the federal grand
jury in New York City has returned indictments
against the World and Caleb Van Hamra, one of
, Wnriii'a ofNtnrs. An Assodiated Press dis
patch says: "It is understdod the indictments
are framed under the federal omnibus statute
which authorizes the prosecution for an offense
committed on federal territory not mentioned
in the United States revised statutes to be con
ducted according to the existing state laws."
ON THE EVE of the inaugural William H.
Taft made this public statement concerning
his predecessor: "It is difficult for one "with
the depth of affection that I feel for Theodore
Roosevelt to give a judicial estimate of the
man, but I verily believe that when the his
torian twenty-five or fifty years hence shall
describe his administration and the influence
that he has exerted as the chief magistrate of
the country, he will accord to him a place with
Washington, and Lincoln, and that he will treat
him, as we are prone now to regard Washing
ton, and Lincoln, as providentially raised up to
meet an exigency in the country's history that
was only less important than the revolution and
the civil war."
PENNSYLVANIA democrats held a banquet
at Pittsburg March" 4. "-The banquet was
under the auspices of the Allegheny County
Bryan league. Mr. Bryan addressed the ban
queters. Ah Associated Press dispatch says:
"More than 1,000 guests were at the dinner.
Owing to an engagement to deliver a lecture
earlier in the evening Mr. Bryan did not arrive
at the dinner till after midnight and it was con
siderably later when he began to speak on "The
Present Hour." George W. Acklin, of Pittsburg,
was toastmaster. Mr. Bryan, was loudly ap
plauded when he arose to spealc. He launched
at once into a resume of the recent campaign
and Baid that before the election he had expect
ed to win, but now instead of being surprised
at being defeated he feels more surprised that
the democratic party polled as many votes as
it did. Mr. Bryan said he would rather be the
defeated candidate of the democratic party and
have the support that he received and the votes
of the 6,000,000 people than be president and
feel that he owed it to the powers that corrupt.
The speaker referred to the many times he had
been called a dreamer, and told the parable of
Joseph, where the dreamer had corn when need
ed. Mr. Bryan said he would be entirely sat
isfied if people would think of him as a builder
who had done the best he could and helped
make the building of good higher."
SEVEN MEMBERS of the senate committee
on judiciary signed the report declaring that
President Roosevelt without authority of law,'
sanctioned the absorption of the Tennessee Coal
and Iron company by the United States Steel
corporation and that the merger was in violation
of the Sherman anti-trust law. Two of the
majority of the committee, however, attached
certain individual views, which to a degree min
imized the effect of the declaration. An Asso
ciated Press dispatch says: "Upon an agree
ment reached in the committee on judiciary, any
views submitted have the standing of individual
opinions only. Chairman Clark reported the
disagreement in the committee and soon after
ward Senator Culberson presented the views of
seven members of the committee. These were
signed by Senators Nelson, Kittredge and For
aker (republicans), and Culberson, Bacon,
Rayner and Overman (democrats). The addi
tional views were given by Senators Nelson and
Bacon. In the opinion of Nelson the president
was not authorized to permit the absorption,
which is declared to have been in violation of
law. Nelson thought, however, that the presi
dent may have been misled or duped by the
officials of the United States Steel corporation,
Messrs. FriAk and Gacf w&o urged upon him
the necessity of permitting the steel corporation
to buy the Tennessee concern in order to savo
a' business institution of New York City during
the panicky days of October and November,
1907. Bacon expressed doubt whether the sen
ate should pronounce finally upon the question
whether the president committed a wrongful
act for the reason that the senate is judge in
impeachment proceedings. He takes the posi
tion that the merger was illegal, but that the
senate should not take any action to prejudice
any proceedings that might hereafter bo
brought before it. From the report signed and
submitted it appears that had it not been for
the illness of Senator Bacon and his absence
from the committee of yesterday the report de
claring the president acted without authority
of law would have been adopted as the opinion of
the committee. In any event Senators Culber
son and Kittredge take the position that a ma
jority of the committee has reported that the
merger was illegal and that the department of
justice should proceed against the United States
Steel corporation to dissolve it. Later Senator
Foraker filed his individual views declaring that
ho did not think it necessary for the committee
to consider whether the transaction, was a vio
lation of the anti-trust law. Ho said that the
reply of tho committee should be confined to
the one question as to whethor the president
was authorized to permit the merger and that
this should be answered In the negative. In
view of the fact that representatives of the steel
corporation called upon the president and asked
his advice concerning the transaction and that
tho question also was submitted to Attorney
General Bonaparte, Senator Foraker took tho
position that the steel corporation should not
bo condemned for its action."
PRIOR TO inauguration day the New York
World printed this editorial: "President
Roosevelt was sworn into office four years ago
on a new gilt-edged Bible bound in red morocco.
He was following tho precedent by which tho
clerk of the supreme court furnished the book
for the case. Mr. Taft will take his oath on
the century-old frayed and stained Bible of the
supreme court itself. At his first inauguration
McKinley. used a monster Bible presented by
bishops of the African Methodist church. Mr.
Cleveland used on both accessions to office a
Bible inscribed 'Stephen Grover Cleveland, from
his mother.' Followers of the prophets and
soothsayers ujll be interested in tho chapter
and verse whIMi Mr. Taft's lips shall touch as
the clerk of the supreme court holds the open
book before him. It is of record that on his
first inauguration McKinley bent to these words:
'Give me now wisdom, that I may go out and
come in before this people; for who can judge
this Thy people that is so great?' On his second
installation, six months before the tragedy at
Buffalo, Mr. McKinley kissed these lines in
Proverbs xvi.: 'He that handleth a matter wise
ly shall find good; and whoso trusteth in the
Lord, happy Is he. The wise in heart shall be
called prudent; and the sweetness of the lips
increaseth learning.' Usually the Bible on in
auguration day opens near the middle. It was
this fact, perhaps, which forbade us March 4,
1905, a prophetic reminder from II. Kings of
one whose progress was 'like the driving of
Jehu, the son of Nimshi; for he driveth
furiously "
UNITED STATES District Attorney Joseph B.
Kealing at Indianapolis, has resigned his
office on account of the Indictments brought,
against the Indianapolis News and the New York
World. Mr. Keallng's letter of resignation is
as follows: "Indianapolis, Ind., March 2. To
the Attorney General, Washington, D. C. Sir:
I beg to inform you that I have today sent my
formal resignation as United States attorney for
the district of Indiana, to the president of the
United States with the request that the same
be accepted not later than March 15, 1909. I
am informed that indictments have been re-,
turned by the grand jury of the District of Co
lumbia against Dolavan Smith and Charles R.
Williams, proprietors of tho Indianapolis News,
for criminal libel, and that stops will bo taken
to remove thom to that district for trial. Aa
both are In this district, under tho law it will be
come my official duty to assist in such removal
proceedings. For almost eight years I havo had
tho honor of representing tho government as
United States attorney. During that time I havo
prosecuted all alike, without fear or favor, where
I had an honest belief in thoir guilt. I havo
been compelled on several occasions to prose
cute personal friends, but in each case I only did
so aftor thorough Investigation had convinced mo
of their guilt. In this case I hnvo mado a care
ful investigation of the law applicable thereto.
As to tho guilt or innocence of the defendants
on tho question of libel I do not attempt to say.
If guilty they Bhould bo prosecuted, but proper
ly indicted and prosecuted in tho right place,
viz.: At their homes. It is only with tho ques
tion of removal that I havo to do. I am not in
accord with the government in its attempt to
put a strained construction of the law to drag
the defendants from thoir homes to tho soat
of the government to bo tried and punished,
while thore is a good and sufficient law In this
jurisdiction, In the state court. I bollovo the
principle involved is dangerous, striking at the
very foundation of our form of government. I
can not thoroforo, honestly and conscientiously
insist to tho court that such is tho law, or that
such construction should bo put on it. Not be
ing able to do this, 1' do not fool thnt I can, in
justice to my office, continue to hold It and
decline to assist. In order, therefore, to relievo
us both of any embarrassment, I have tendered
my resignation and havo asked that it bo accept
ed not later than March 15, 1909. I have made
It of this date in order that President Taft for
whom' I have the highest respect and admiration
may havo time to name my successor.
(Signed.) Respectfully, Joseph B. Kealing,
United States Attorney." A Washington dis
patch carried by the Associated Press says: "Mr,
Keallng's standing with the department of Jus
tice is said to be high. In connection with the
Elkhart bank case Mr. Kealing prosecuted and
convicted all the officials of that institution, in
cluding Walter Brown, who was his close per
sonal friend, and a' member of the republican
state committee."
CHARLES G. LITTLE, professor of corpora-
tion law in the Northwestern University
law school, Chicago, has written an Interesting
article for tho Illinois Law Review. Mr. Little's
article relates to the twenty-nine million dollar
fine imposed upon the Standard Oil company by
Judge Landis. Mr. Little declares that in mak
ing this fine Judge Landis was entirely right
legally, ethically and morally. In the course of
his argument, which is carefully built up from
fundamental principles, Professor Little handles
the decision of the United States circuit court
of appeals unsparingly. He explains his delay
as duo to a desire to wait until the "heart of
unintelligent controversy" had abated. He
takes it for granted that Judge Landis was, as
charged by his enemies and boasted by his
friends, actually striking at the Standard Oil
company of New Jersey, which was not con
victed, when he inflicted his flne on tho con
victed Indiana corporation. The real problem
in this branch of American jurisprudence, says
Professor Little, is "How shall the real corporate
culprit be punished when, in the network of
intercorporate relation, it Is often times well
nigh impossible, not morally nor ethically, but
legally, to find that guilty person." The pro
fessor's conclusion is as follows: "If the New
Jersey company was the owner of the stock of
the Indiana company, then it was, in fact, though
not in name, before the bar of the court for
punishment. To deny it would be only wilfully
blinding our eyes to the real situation. The
government having been content not to Inflict
it, its punishment could be inflicted only directly
through the power of the court to punish the
Indiana company. The learned judge who wrqte
the opinion of the court of appeals has confused
tho idea of conviction with that of punishment"
