WILLIAM H. TAFT
IS NOTIFIED OF
HIS NOMINATION
Republican Nominee Covers
Wide Ground in Accepting
Commission as Standard
Bearer.
Cincinnati, Ohio July 30.—Senator
"William Warner, chairman of the re
publican notification committee*, in the
-enforced absence of Senator Lodge,
45aid, officially notifying Mr. Taft of his
nomination:
Mr. Taft: You are, of course, not un
aware, that Mr. Roosevelt's term as
president of the United States will ex
pire on March 4, 1909; that the political
parties of our country are perfecting their
organizations preparatory to presenting to
the people, at the general election to be
held in November next, their respective
candidates for the high office; that the
.republican party in national convention,
composed of delegates representing every
state and territory and the outlying pos
sessions of the United States, assembled at
Chicago, on June 16 to 19, inclusive,
has completed its deliberations, that
it has outlined and suomitted to
the citizenship of 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; that it has from
among its strong and experienced states
men—men whom services to the public
has demonstrated their worthiness In
clearness of character, devotion to the
country and the welfare of the individual
citizen, 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 States, and I
hand you an engrossed copy of tho plat
form of policies adopted by that conven
tion.
I cannot, sir, 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 citizens
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
will bring to the discharge of the high
and difficult duties 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 administration of which you
cnay 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 times their un
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.
His administration is an epoch in Ameri
can history. In no other period since the
national soverignty was won under Wash
ington or preserved under Lincoln has
■there been such mighty progress in those
•ideals of government which make for jus
tice, equality and fair dealing among men.
The highest aspirations of the American
people have found voice. Their most ex
alted servant represents the best aims and
worthiest purposes of all his countrymen.
American manhood has been lifted up to a
mobler sense of duty and obligation. Con
science and courage in public station and
high 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
manly virtues of justice and fair play.
It is gratifying to your countrymen to
reflect that of that administration you
Jhave been a conspicuous part, as yon were
•of the administration of Mr. McKinley,
whose accomplishments mark a national i
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 balance the mighty forces
of the nation” and to whose continued
guidance, of the nation we have every
reasonable right to believe that the peo
ple are now looking.
CANDIDATE RESPONDS
TO NOTIFICATION SPEECH ;
Cincinnati, Ohio, July 30.—Respond- !
Mng today to the speech ot notification
-delivered by Senator William Warner,
William H. Taft, republican nominee
tor president, said in part:
Senator Warner and Gentlemen of the
Committee—I am deeply sensible of the
tionor which the republican national con- I
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.
Gentlemen, the strength of the republi
can cause in the campaign at hand is 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
sion of the popular conscience and who
led the movement for practical reform
was Theodore Roosevelt. He laid down
the doctrine that the rich violators erf the
law should be amendable to restrain and
punish as the offender without w'ealth and
without influence, and he proceeded by
» recommending legislation and directing
-executive action to make that principle
good in actual performance. He secured
the passage of the so-called rate bill de
igned more effectively to restrain exces
sive and fix reasonable rates, and to pun
ish secret rebates and discrimination
which have been general in the practice
-of the railroads, and which had done much
to enable unlawful trusts to drive 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 companies, fast freight and
refrigerator lines, terminal railroads 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. Roosevelt has set high the standard
of business morality and obedience to law.
The railroad rate bill was more useful
possibly in the immediate moral effect of
its passage than even in the legal effect
of its very useful provisions. From its
•enactment dates the voluntary abandon
ment of the practice of rebates and dis
criminations by the railroads and the
return by their managers to obedience to
law in the fixing of tariffs. The pure food
and meat inspection laws and the prose
cutions directed by the president under
the anti-trust law have had a similar
moral 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
also had the effect of protecting and in
couraging small and competitive com
panies so that they have been enabled to
do a profitable business.
Clinch What Has Coen 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 admlnla
tratlon Is to complete and perfect the m*r
chfnery by which these standards may be
maintained by which the lawbreakers
may be promptly restrained and punished
but which shall operate with sufficient ac
curacy and dispatch to interfere with
legitimate business as little as possible.
Such machinery is now' adequate. Under
the present rate bill and under all its
amendments the burden of the Inter
state Commerce commission in supervls
fng and regulating the operation of rail
roads of this country has grow'n so heavy
that It is utterly impossible for that tri
bunal to dispose, in any reasonable time
of the many complaints, queries and is
sues that are brought before it for de
cision. It ought to be relieved of its juris
diction as an executive, directing body,
and its function should be limited to the
quasi-judicial investigation of complaints
by individuals and by a department of the
government charged with the executive
business of supervising the operation of
railways.
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
nopolies, and legislation either inducing
or compelling them to subject themselves
to registry and to proper publicity reg
ulation a and supervision of the depart
ment of commerce and labor.
The field covered by the industrial com
binations 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 except by
reorganization 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 npw
duties for the Interstate Commerce com
mission which it is practicably Impos
sible for 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 in the great variety
of cases "which are cpnstantly arising, of
the principles laid down by Mr. Roose
velt, and with respect to which only
typical Instances of prosecution with the
present machinery ere possible. Such leg
islation should and would greatly promote
legitimate business by enabling those
anxious to obey the federal statutes to
know just what are the bounds of their
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 has 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 make 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 railways. 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 measure, it ought to be
reduced. The difficulty in enforcing the
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 the supreme
court have pointed out, the value of the
railroad as a growing concern, including
its 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
pleasures the investment on which a fair
profit must be allowed.
Physical valuation preperly used will
not generally Impair securities. I am con
fident that the fixing of rates on the
principle suggested above would not ma
terially Impair the present market value
of railroad securities in most cases for I
believe that the normal Increase in the
value of railroad nropertics especially In
their terminals will more than, make up
for the possible over capitalization In
early years.
l nave aiscussea tms wun some uegree
of detail merely to point out that the
valuation of the Interstate Commerw
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 come from valuation
in 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
power to ascertain the value of the phys
ical railroad property If necessary in de
termining the reasonableness of rates. If
the machinery' for doing So is not ade
quate, as is probable, it should be made
so.
The republican platform recommends
legislation forbidding the issue in the fu
ture of interstate railway stocks and
bonds without federal authority. It may
occur In such cases that the full value of
the railway, and as an element thereof,
the value of the tangible property of the
I railway, would be a relevant and import
ant factor In assisting the proper author
ity to determine wheiher 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 is 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 trade and monopo
lies. Such corporations constitute a very
small percentage of all engaged in in
terstate business.
The combination of capital In large
plants to manufacture goods with the
greatest economy is just as necessary as
the assembling of the parts of a machine
to the economical and more rapid manu
facture of what in old times was made by
hand. The government should not inter
fere with one any more than the other,
and when such 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 the proper operation of compe
tition the public will soon share with the
manufacturer the advantage in economi
cal operation and lower prices.
What is Unlawful Trust?
When, however, such combinations are
not bas^d on any' economic principle but
are made merely for the purpose of con
trolling the market to maintain or raise
prices, restrict output and drive out com
petitors, the public derives no benefit ana
we have a monopoly. There must be some
use by the company of the comparatively
great size of its capital an</ plant and ex
tent of Its output, either te coerce persons
to buy of it rather thai/ of some 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 toward the customers In
the trade and its competitors before more
aggregation of capital or plant becomes
an unlawful monopoly. It is 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 have the advantage of reasonable i
prices and that the avenues of enterprise !
mflv be kept open to the individual and;
the smaller corporation wishing to en
gage in business. .
Unlawful trusts should be restrained
with all the efficiency of injunctive pro
cess and the persons engaged In maintain
!ng them should be punished with all th#
severity*of criminal prosecution, in or- l
der that methods pursued in the opera- |
tlon of their business shall be brought j
within the law. To destroy them and i
to eliminate the wealth they represent i
from the producing capital of the coun- '
try would entail enormous loss and j
■would throw out of employment myriads ,
of workingmen and worklngwomen. Such
a result is wholly unnecessary to the !
accomplishment of the needed reform, ■
and will inflict upon the Innocent far |
greater punishment than upon the guilty. :
The democratic platform does not pro
post to destroy the plants of the trust
physically, but it proposes to do the same
thing in a different way. The business
of this country Is largely dependent upon
a protective system of tariffs. , The busi
ness done by many of the so called trusts
is protected with the other businesses of
the country. The democratic platform
proposes to take off the tariff on all
articles coming into competition with
those produced by the so called “trusts,” I
and to put them on the free list. If
such a course would be utterly destruct
ive of thoir business, as it is, indeed, it
would not only destroy the trusts, but all
of their smaller competitors.
The ruthless and impracticable charac
ter of the proposition grows plainer as
its effects upon the whole country are
realized.
To take the course suggested by the
democratic platform In these matters is
to invoke the entire community, innocent
as it is. In the punishment of the guilty,
while our policy is to stamp out the spe
cific evil.
Doctrine of Protection.
The republican doctrine of protection, as
definitely announced by the republicans
this year and by previous conventions, is
that a tariff shall be imposed on all im
ported products, whether of the factory,
farm or mine, sufficiently great to equal
the difference between the cost of pro
duction abroad and at home, and that
this difference should, of course, include
the difference between the higher wages
paid in this country and the wages paid
abroad and embrace a reasonable profit
to the American production. A system
of protection thus adopted and put in
force has led to the establishment of a
rate or wages here that has greatly 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 1897 the Ding
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 those who
would monopolize the production and the
sale of such articles 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 measure of protection which
they should receive upon republican prin
ciples, as to those 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
newr administration and considered at the
special session with the preliminary In
vestigations already begun by the appro
priate committee of the House and 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 1904 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 or labor.
One important, phase of the qualities of
the present administration nas been
anxiety to secure for the wage earner an
equality of opportunity and such positive
statutory protection as will place him on !
a level in dealing with hia 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, und the introduc
tion of the comparative negligence theory
by which an employe injured in the ser
vice of hia employer does not lose all his
right to recover because of slight negli
gence on his part. Then there is the act 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; the 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 nover differ except when it comes
to a division of the Joint profit of labor
and capital into dividends and wages.
This must be a constant source of peri
odical discussion 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
organized into unions. Their rights be
fore the law are exactly the same as those
of the union men, and are to be protected
with the same care and watchfulness.
Rights of Labor.
In order to induce their employer Into a |
compliance with their request for changed
terras of employment workmen have the
right to strike in a body. They have a
right to use such persuasion as they may,
provided it does not reach the point of
duress, 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 associates from dealings with, or
giving custom to those with whom <fchey
are In controversy.
What they have not the right 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 customers or those with
whom he deals in business. All those who
sympathize with them may unite to aid
them in their struggle, but they may not
through the instrumentality of a hreat
ened or actual boycott compel 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 inairy years been settled by the
courts of this country.
Threatened unlawful injuries to business,
like these described above, can only be
adequately remedied by an injunction to
prevent them. The jurisdiction of a court
of equity to enjoin in such cases arises 1
from the character of the injury and the
method of inflicting it and the fact that
suit for damages offers no adequate rem
edy.
The injury is not done by one single act.
which might bo adequately compensated
for In damages by a suit at law, but It is
the result of a constantly recurring series
of acts, each of which in itself might not
constitute a substantial injury or make a
Kult at law w-orth while, and all of which
i would require a multiplicity of suits at
law. Injuries of this class have since the
foundation of courts of equity been pre
veq.tcjd by Injunction.
It has been claimed that Injunctions do
not? tafsue to protect anything but property
rights, and that business la not a prop
erty right but such a proposition It wholly
Inconsistent with all the decisions of the
courts. The supreme court of the United
States says that the injunction is a rem
edy to protect property or rights of a pe
cuniary nature and we may well submit
to the considerate Judgment of all laymen
whether the right of a man in his busi
ness Is not as distinctly a right of a pe
cuniary nature as the right to his horse
or his house or tho stock of goods on his
shelf, and the instances In which injunc
tions to protect business have been upheld
by all courts, are so many that It Is futile
further to discuss the proposition.
It is difficult to tell the meaning of the
democratic platform upon this subject. It
says:
“Questions of Judicial practice have
arisen especially in connection with in
dustrial disputes. We deem that the
parties to all Judicial proceedings should
be treated with rigid impartiality, and that
injunctions should not be Issued In any
cases In which injunctions would not issue
if no industrial dispute were involved.”
The declaration Is dislngenlous. It seems
to have been loosely drawn with the pur
pose of rendering It susceptible to one
interpretation by one set of men and to
a diametrically opposite Interpretation by
another. It does not aver that injunctions
should not issue in industrial disputes, but
only that they should not Issue because
they* are industrial disputes, and yet those
responsible for the declaration must have
known that no one ever maintained that
the fact that a dispute wras industrial gave
any basis for Issuing an Injunction in
reference thereto. The declaration seems
to bo drawn in Its present vague and
ambiguous shape to persuade some people
that it Is a declaration against the Issue
of Injunctions In any industrial dispute,
while at the same time It may be possible
to explain to the average plain citizen
who objects to class distinctions that no
such Intention exists. Our position is
dear and unequivocal. We are anxious
to prevent even an appearance of in
justice to labor in Issuing injunctions,
not In the spirit of favoritism to any set
of our fellow citizens, but In the Interest
of justice to all. The reason for exer
cising or refusing to exercise the power
of Injunction must be found In the char
acter of the unlawful Injury and not In
the character or class of the persons who
inflict the injury.
The man who has a business which is
being unlawfully injured Is entitled to
the remedies which the lawr ha* always
given him, no matter who has inflicted
the injuries. Otherwise we shall have
class legislation unjust In principle and
likely to sap the foundations of a free
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 shall be affected by a Judi
cial proceeding without notice and hear
ing. This rule, however, has sometime*
had an exception In the Issuing of tem
porary restraining orders commanding a
defendant in effect to maintain the status
quo until a hearing. Such a process
should issue only in rare cases where the
threatened change of the status quo would
inflict irreparable Injury If time
were taken to give notice and a summary
hearing. The unlawful Injury usual 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. I
do not mean to say that there may not
be cases even in Industrial disputes where
a restraining order might properly be
issued without notice, but generally I
think it is otherwise. In «ome state
courts, and in fewer federal courts, the
practice of issuing a temporary restrain
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
has been pursued in other than indus
trial disputes, as, for instance, in cor
porate and stock controversies like those
over the Erie railroad, in which a stay
order without notice was regarded as a
step of great advantage to the one who
secured it and a corresponding disad
vantage to the one against whom it was
secured. Indeed, the chances of doing
injustice on an ex parte application are
much increased over these when a hear
ing is granted, and there may be circum
stances unaer wnicn u may auea me
defendant to his detriment. In the case
of a lawful strike the sending of a for
midable document restraining a number
of defendants from doing a great many
different things which the plaintiff avers
they are threatening to do, often so dis
courages men always reluctant to go into
a strike from continuing what is their
lawful right. This has made the labor
ing man feel that an injustice is done
in the Issuing of a writ without notice.
I conceive that in the treatment of this
question it is the duty of the citizen and
the legislator to view the subject from the
standpoint of the man who believed him
self to be 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 of 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 restraining orders may Issue with
out notice, and which shall also provide
that when they are Issued they shall
cease to be 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
hearing. By this provision the Injustice
which has sometimes occurred by which
a preliminary restraining order of widest
application has been issued 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 instances 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 small number of cases complained
of above shows 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 be effected with
out injury to the administration of the
law.
With respect to notice the democratic
platform contains no recommendation. Its
only Intelligible declaration in regard to
injunction suits is a reiteration of the
plank in the platforms of 1896 and 1904
providing that In prosecutions for con
tempt in federal courts, where the viola
tion of the order constituting the contempt
charged Is Indirect, i. e., outside of the
presence of the court, there shall be a
jWy trial.
This provision in the platforrr of 1896
was regarded then as a most dangerous
atack upon the power of the courts to
enforce their orders and decrees, and it
was one of the chief reasons for the
defeat of the democrats in that contest,
as At ought to have been. The extended
operation of such a provision to weaken
the power of the courts in the enforce
ment of its lawful orders can hardly be
overstated.
Effect of Jjry Trial.
Under such a provision a recr^citrant
witness who refuses to obey a subpoena
may insist on a jury trial before *he 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
the summons. Such a provision applies
not alone to Injunctions, but to every
order which the court issues against per
sons. A suit may be tried in the court
of first Instance and carried to the court
of upy als und thence to the supreme
court, '.bd a judgment and decree entered
and another issued, and then if the decree
involves the defendant’s doing anything
or not doing anything, and he disobeys
it, the plaintiff who has pursued his rem
edies in lawful course for years must, to
secure his rights, undergo the uncertain
ties and the delays of a Jury trial before
he can enjoin that which is his right by
the decision of the highest court of the
land. I say without hesitation that such
a change will greatly Impair the Indis
pensable pqwer and authority of courts.
Securing to the public the benefits pf
U*. new statutes enacted in the present
administration the ultimate Instrumental
ity to be resorted to Is the courts of the
United State**. If now their authority Is
to be weakened In a manner never known
In the history of the Jurisprudence of Eng
land or America, except In the constitution
of Oklahoma, how can we expect that
such statutes will have efficient enforce
ment? Those who advocate this Interven
tion of a jury In such rases seem to sup
pose that this change In some way will
Inure only to the benefit of the poor
workingman. As a matter of fact the
person who will secure chief advantage
front It Is the wealthy and unscrupulous
defendant, able to employ astute and cun
ning counsel and anxious to avoid Jus
tice,
The Currency System.
The late panic disclosed a lack of sIrc
tlclty In our financial system. This has
been proviaonally met by an act by the
present congress permitting the Issue of
additional bank notes, emergency bank
notes, and tnaurlng thetr withdrawal when
tho emergency has passed bj a rate of
taxation. It Is drawn In conformity with
the present system of bank note currency
but varies from it In certain respects by
authorizing the use of commercial paper
and bonds of good security, aa well as
United States bonds, as security for Its
redemption. It Is expressly but a tempor
ary measure and contains a provision for
the appointment of a currency commis
sion to devise and recommend a new and
reformed system of currency. This Inade
quacy of our present currency system,
due to changed condition* and, enormous
expansion. Is generally recognized. The
republican platform well states that we
must havs a “more elastic and adaptable
system to meet tho requirements of agri
culturists, manufacturers, merchants and
business men generally, must be automatlo
In operation recognizing the fluctuations
In Interest* rates, “In which every dollar i
shall be as good ns gold, and which shall
prevent rather than aid financial string
ency to bring on a panic.”
Voluntary Guaranty Plan.
A plan for a guaranty of depoalts by the
voluntary act of the banks Involved, has
been favorably reported to the House of
Representatives. This, of course, entirely
different from the scheme In the demo
cratic platform, omitting as It docs the
features of compulsory participation and
governmental guaranty. This proposition
will unquestionably receive tho thought- ■
ful consideration of the national monetary
commission.
The Negro.
The republican platform refers to those
amendments to the constitution that wore
passed by the republican party for the pro
tection of the negro. The negro, In the
40 years since he was freed from slavery
has made remarkable progress. He Is be
coming more and more a valuable member
of the communities In which he lives. The
education of the negro Is being expanded
and improved In every way. The best
men of both races, with the North as well
as at the South, ought to rejoice to see
growing up among the southern people an
Influential element disposed to encourage
the negro In hts hard struggle for Indus
trial Independence and assured political
status. The republican platform, adopted
at Chicago, expllcltely demands Justice for
all men without regard to race or color
and Just as explicitly declares for the en
forcement and without reservation, In let
ter in spirit of the 13th, 14th and ISth
amendments to the constitution. It Is
needless to state that I stand with my
party squarely on that plank 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. McKinley and Mr. Roosevelt and the
republican party have constantly advo
cated a policy with respect to the army
and navy that will keep thl9 republic ready
at all times to defend her territory and hei
doctrines, and to assure her appropriate
part in promoting permanent tranquility
among the nations. I welcome from what
ever motive the change In the democratic
attitude toward the maintenance and sup
port of an adequate navy, and hope that
in the next platform the silence of the
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 militia and the national volunteers
for the proper defense of the country In
times of war, and the discharge of those
duties In times of peace for which the
army aa at present constituted has shown
Itself so admirably adapted In the Philip
pines, In San Francisco, In Cuba and else
where. We are a world power and cannot
help it and although at peace with the
world are secure In the consciousness that
the 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 the democratic plat
form refers to the failure of the repub
lican convention to express an opinion In
favor of the publicity of contributions re
ceived and expenditures made In elec
I tlons. Here again w» contrast our oppo
; nents’ promises with our own acts. Great
I Improvement has taken place under re
! publican auspices in respect to the collec
tion and expenditure of money for thlB
purpose. The old and pernicious system
of levying a tax on the salaries of gov
ernment employes In order to pay the ex
penses of the party In control of the ad
ministration has been abolished by stat
ute. By a law passed by the republican
congress in 1907 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 has been se
lected as treasurer of the republican na
I tlonal committee, who was treasurer of
: the republican state committee when
Governor Hughes was elected in New
York and who made a complete state
I ment within 20 days after the election as
| required by the New York law, of the
contributions received by him and the ex
penditures made by him or under his au
thority hi connection with that election.
His residence and the discharge of his
duties In the state of New York subject
him to the law of that state as to all re
ceipts of the treasury of the national
committee from whatever source, and as
to all its disbursements. His returns will
be under the obligations and penalties of
the law, and a mistatement by him or the
filing of a faleo 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 members 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 compulsory obligation of such law.
Against Income Tax.
The democratic platrorm demands two
constitutional 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 j
should be devised which under the de- !
eislons of the supreme court will conform :
to the constitution.
The chief difference between the re- j
publican and the democratic#platforms is
the difference which has heretofore been I
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’s proposals
have generally been destructive of the
business with respect to which he Is de
manding refortn. Mr. Roosevelt would
‘compel the trusts to conduct their busi
ness in a lawful manner and secure tha
benefit of their operation and the main
tenance of the prosperity of the country
of which they are an important part.
Election cf Senators.
With respect to the election of senators
by the people, personally I am inclined to
favor It, but It Is hardly a party question.
A resolution In its favor has passed a re
publican House of Representatives sev
eral tl*i.cs ar\a ffas been rejected In a re
publican {Senate by the votes of senators
from both parties. It has been approved
I III I. '■—■ ege
by th* legislature* of many republic**
states. In a number of states, both deni,
ocratlc and republican, substantially sue®
a system now prevails.
Our opponents denounce the republican
party for Increasing the number of office*
23.000 at a cost *16,000,000 during the last
year. Such denunciation Is characterlstl*
of the democratic platform. It falls t® j
specify In any way what the offices ar*
and leaves the Inference that the .ncreas*
was resisted by the representatives of do- j
mocracy In congress. As a matter of fact,
the net number of offices Increased wa*
Just about half the number stated; the In
crease was due chiefly to the enlargment
of the navy, the construction of the Pana
ma canal, the extension of the rural fre*
delivery and to the new offices necessary
In the enforcement of the pure food, meat
Inspection, railroad rate regulation, aria
land reclamation, forest preservation ana
other measures which congress passed
with almost " Mmous popular approval.
,' / . pendent Democrat*.
The democratic party under Its present
leadership In previous campaigns haa
manifested a willingness to embrace any
doctrine which would win votes, wit®
little sense of responsibility for Its prao
tleal operation. In Its striving for success
It has Ignored the business prosperity of
the country, has departed from sound
economic and governmental principles and
haa reversed Its own traditional views of
constitutional construction. Patriot!*
members of tha party have refused to b*
controlled by party ties and havs either
refrained from voting or have supports®
the republican candidate. May we not
appeal to these courageous and Independ
ent citizens again to give us their eu)>»
port In this campaign, because the rea
sons for their breaking the bonds OC
party are stronger today than sver be
fore?
I have now reviewed at greet length th®
principles at Issue between the two par
ties. When I began the preparation of
this speech I hoped to make It much
briefer than It Is, but I found on a*
examination of the platform and on *
consideration of the many measure®
passed during the present administration
and the Issqes arising out of them that
It was impossible to deal with the sub
jects comprehensively with proper expla
nation ana qualification In a short discus
sion. This Is my excuse.
I have pointed out that the attitude of
the republican party with reference t®
evils which have crept In, due. to th*
enormous material expansion of this coun
try, Is to continuer the Roosevelt policies
of progress and regulation, while the at
titude of the democratic party under It®
present leadership Is the change for th*
sake of change to the point or irrespon
sible destruction, and that there la n»
hope whatever of a restoration of proaJ
fierlty In returning It to power. As said
n our platfoTm, we republicans go be
fore the country asking the support, not
only of those who have acted with u*
heretofore, but of all our fellow citizen*
who, regardless of past political differ
ences, unite In the desire to maintain th*
policies, perpetuate the blessings ana
secure the achievements of a greater
America.
PROVIDE 8HADE FOR STOCK.
Hogs, Ilka other stock, must be mad*
comfortable If they are to make economi
cal gains and keep healthy, says Forest
Hsnry in'the Northwestern Agriculturist,
Thers Is no stock on ths farm that sufftf'
as much for want of shade, on account
of their fatty make up, Tjiey cannot sweat
and throw off surplus Beat as the horses.
This la why they rush into a mud hole or
pool of water when they get heated. £
remember many years ago we were going
to market with several loads of hogs. On*
load included a big stag. Just as th*
driver was crossing the railroad track th»
team made a quick start and Mr., Stag
concluded to Jump out oVir the rack. His
fall did not seem to interfere with his
gait for he trotted along as though noth
ing had happened for alDout 80 rods, de
spite our attempts to head him back.
Finally he became qulto heated and as
there was a mud hole In hfs path he mad*
for It and we were unable to get him ou£
notwithstanding whips find cudgels were
freely brought to bear. Hffe simply was go
ing to cool off and take fils time about It
no matter how much of a hurry we wars
In. Finally, of his own accord, he cams
out, stretched himself Wokfng as cool as
a cucumber and trudged merrily back to
the stock yards. He had|slmply come to
a point where he was d\ro-heated and his
hog Instinct told him to go In there and 11s
down and cool off.
Trees are the best ahgde for hogs but
they oan not always be. (tad, especially la
a prairie country. Almost anything will
answer for shade. A few: lough boards, or
even some straw or hay laid on poles and
held up by some crotchdll at the corners
serves a good purpose. A tree has ths
advantage over a closed shed In that It
lets under Its spreading branches a frss
circulation of air.
Hogs are apt to injure young trees It
left to root around them. For this reason
It Is a good plan to set a row Just over
the pasture fence on th&bQUth side, whers
they are out of harm’s Why and still win
serve the purpose about as well. Som*
quick growing varieties can be set, liks
the Carolina poplar. Some hardy appla
trees or crab trees are preferable as a
permanent shade, as they not only furnish
shade but will In time yield fruit. Whit*
willows also make a q.ulck*an<* most ex
cellent shade when set.JlfSt’outside of th*
fence. While the trees are growing do
not neglect to furnish some Itlnd of pro
tection, however cheap It may be, for tbs
hogB, nothing will lqw«r their vitality
quicker and make them lit subjects to
take bog cholera later, than being, com
pelled to endure the hot sun of summer
without protection.
RANCHMEN VS. SETTLERS.
There Is a movement on foot to taka
out of the area of unappropriated publlo
domain open for settlers, 300,008,000 acres
and put It Into the foresrReserve and then
lease It for fencing and grazing to ths
big cattle ranches, saVs the Chicago
World. The forest reserve idea Is a popu
lar one under cover of which these cat
tle men hope to get posseHsKm, of an area
larger than Ohio, Indiana, Illinois, Penn
sylvania, New York and all New Eng
land, most of which is gdod agricultural
land well suited for homesteads.
In view of the fact that homestead land
Is now almost all taken’up. It seems de
cidedly hoggish for the fanchmen to un
dertake to corral this gleat empire for
ranching— an empire equivalent to 1,876,
000 homesteads of a quarter section each,
or to say the least, of pearly a million
homesteads on the, basis of the half eec
tlon allowed In the seml-arld regions. One
ranchman Is to be permitted to lease 10t
000 acres, so that 30,000 ranchmen are ta
crowd out from 1,000,000 to 1,875,000 farm
ers. In fact, the big ranchers can get
their friends or employes to take out 10t
; 000-acre leases and assign them to them
! selves so that one ranch may cover sev
| eral townships under one control. It la
I proposed that only such land as Is not
, suitable for agriculture shall be leased;
theoretically a homestead might be taken
1 up Inside of the fences surrounding a 10,
000-acre leasehold, but what farmer would
ever dare take his family Into such an
enclosure. Any one who knows the atti
tude and custom or ranchers toward set
tlers knows that the settlor’s life would be
decidedly unbearable If not unsafe under
such surroundings. In short, the propo
sition, ostensibly in the Interest of our
forestry, Is an Immense grab of the ranch
ers and *n view of the exhaustion of avail
able farm lands, It should be vigorously
opposed In behalf of settlers.
■ Japanese residents of the state o£
Washington plan to erect a statue t»
■ the memory of Commodore Perry on
the grounds of the Alaska-Yukon-Pa
clfle exposition. The idea was con
ceived some months ago by prominent
Japanese residents of Seattle and tbea
bankers and merchants- of the Flowery
Kingdom have agreed to give thelib
support ,
