"TM
SEPTEMBER IB, 1911
The Commoner.
the government be restrained from
proceeding against them criminally.
March 22 Judge Carpenter over
rules a demurrer by the packers
who allege that Judge Humphrey's
Immunity decision is continuing in
its effects and covers all future time
so long as the acts covered by the
1906 decision remain tho same.
Judge Carpenter denies a motion to
quash the indictment.
April 13 Packers present a
special plea that the anti-trust act
itself did not create any new crime,
antf hence even if tho packers dis
obey the statutes they are commit
ting no criminal act.
May 17 Packers come into court
again to have the indictments
quashed on the ground that there
had been no "unreasonable" re
straint of trade as defined by the
supremo court in the "Standard Oil"
decision.
June 3 Packers file briefs asking
for rehearing of their motions to
quash the indictment against them.
. July 5 Packers plead "nbt
guilty," and trial is fixed for Nov.
20, 1911.
The above is a chronology of the
beef trust cases, showing how they
have been used as a football in the
federal courts for more than nine
years.
No other trust so vitally affects
the cost of living; no other trust has
such tremendous power to oppress
every class of citizens from the
richest to the poorest. Yet the
government's so-called prosecutions
have been a continuing grant of im
munity and after nine yeaTs the first
criminal case is yet -to be brought
to trial.
Great corporations will never take
tho anti-trust law seriously if the
United States government itself
does not take the law seriously.
They will never respect the criminal
prohibition against restraint of trade
if the government itself does not re
spect it. The record In this case is
a: disgrace to American institutions.
It is a scandalous thing that with all
its power the government of the
United States in nine years has not
yet brought a single packer to the
bar of justice to prove his guilt or
innocence.
These prosecutions have served
only to make the law ridiculous and
to bring the authority of the federal
government into contempt. In no
other civilized country would such
a record be possible. New York
World.
15
TOO MUCH INDEPENDENCE
Something of an exposition of the
independence which President Taft
wished to assure judges when he ve
toed the resolution for approval of
the Arizona constitution has just
been afforded at Seattle, where a
federal judge whoee decision involv
ing relations of the people and a
railway company so offended that he
has been burned in effigy.
Of the merits of the controversy
between the people and the corpora
tion little appears in the dispatches,
but it does appear that the corpora
tion was endeavoring to put in force
a new schedule of rates, that its
patrons were protesting and that the
federal judge granted an injunction
restraining the patrons of the com
pany in Ranier valley "from inter
fering with enforcement of the new
fare schedule."
Hanford is the name of the United
States district judge who granted the
injunction. By doing so he so in
censed the people whom his order
affected that they assembled in mass
meeting and denounced him, and as
a result his effigy was burned.
That it was not done exactly by a
mob is attested by the personnel of
Bome of the protestants, for among
those who spoke in denunciation of
his action were the mayor of Ta
coma, one state senator and one man
who last year was & candidate for
tho republican nomination for United
States senator.
Tho great cause of popular com
plaint Is that federal judges enjoy
too much of that independence which
tho president spoke in hiB veto mes
sage. Their independence is so
marked as to assure them immunity
from popular resentment when their
decisions or othdr judicial acts aTo
manifestly wrong, outrageously
wrong. Through that independence
they are enabled to decide disputed
questions between tho corporations
and tho people in such a way as to
conserve the corporation interests
and ignore popular rights.
Every decision so rendered bo
comes a partof the law of tho land,
as tho law is made up from the judi
cial interpretations of statutes.
Through a long line of misinterpre
tations of good laws partial judges
are enabled to build up bad laws to
sustain the corporations in Imposing
upon the people. These decisions
may be manifestly and outrageously
wrong, but protest Is of no avail.
The judge is Independent of popular
sentiment and can snap his fingers
at his critics. He is amenablo to
no one except the corporations which
control the appointment and tenure
of office of federal judges.
One hates to observe these defects
in our judicial system. It is through
the courts that we all must hope to
maintain our liberties and preserve
our rights as individuals. But it will
never be a safe, or oven a reason
able, reliance until we shall havexdc
prived our judges of some of that
independence that enables them to
outrage the popular sense of justice
and equity and snap their fingers at
a critical public.
Certainly nothing is to bo gained
toward the exaltation of the dignity
of the courts by a condition which
results in the burning of an offend
ing judge In effigy. It would be Im
measurably better for tho bench as a
safe reliance of tho people if such
judge were subject to recall by popu
lar verdict. Lincoln (Neb.) Star.
THE IGNORED CONSUMER
Viewing the special session of con
gress broadly, just two things stand
forth. First, a wise, good principle
that of reciprocity has been en
acted into law, but so applied as only
to profit more unduly special privi
lege, already too highly protected for
the safety of the true protective
system, while working an injustice
to one-third of the nation's popula
tion. Second, that absolutely no relief
has been given to the American con
sumer, except the American news
paper, despite the fact that both the
house and senate sent to President
Taft, for his approval, measures
which, but for his veto, would have
brought immediate relief to the cost
of living, without destroying legiti
mate, honest protection of a single
American industry. Philadelphia
North American (rep.)
VARDAMAN'S VICTORY
All true democrats will rejoice in
tho nomination of ex-Governor Var
daman of Mississippi, for United
States senator. His nomination is
equivalent to an election and the
democratic party will have a repre
sentative in Vardaman that will be
an honor to the party and an honor
to the country. Vardaman's oppon
ents were both recognized as "con
servative" democrats. "Conserva
tive" democracy means "moss-back"
or "stand-pat" democracy and a fur
ther definition of It is "corporation"
democracy. The south has had too
many of that kind of democrats in
congress and it still has in Senator
Bailey of Texas, a conservative that
ought to be ousted at the first op
portunity. In the condition in which our
country is now, when trusts, corpora
tions, bribers, and bribe-takers rulo
our legislative bodies, when our
courts aro packed with stand-pat
judKcs. determined to thwart fhn will
of tho people by legal decisions that I
n-- ..-..-.! it.. l.l.i ll
law-making bodies which aro elected
by tho people, thero should bo no
such thing ns a "conservative" demo
crat and tho election of Vardaman
will bo hallod with delight by tho
great majority of democrats every
where . It is not only a victory for
Vardaman, but In a victory for tho
honest, progressive citizens of tho
country, Irrespective of party.
Creaton (Iowa) American.
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