Tho
- Plattsmouth - Journal
Published Semi-Weekly at
R. A. BATES,
; 1 1
.'itH: i. i.zt
matter.
$L50 PER YEAR
George P. Melsinger should be
elected commissioner because he Is
an honest man, end will protect the
interests of the taxpayers of the coun
ty Irrespective of party, sect or creed.
He Is not a man who will let his
political prejudices run him astray.
And no matter whether a county of
Jiilal Is a Democrat or Republican ho
will insist on his living up to the
laws. Vote for George P. Melsinger
and you will never regret it.
:o:
T.y referlng to the commissioners'
proceedings It will be seen that Quin
ton handed in two reports out of the
live delinquent. Now, lot's have tho
others. The people want to know.
If what the Journal has said has
brought forth good results so far, we
expect to keep right on In the good
work, until Qulnton has deposited
with tho county treasurer all fees
due from his office. We Insist that
all fees collected by him belong to
the taxpayers of Cass county.
:o:
Under ordinary circumstances,
12d. Tutt should be elected sheriff of
Cass county. On the third term pro
position, if no other. But the other
circumstances which will be present
ed In these columns before the elec
tion, which should convince the vot
ers that Quinton is not tho proper
ii.au to i;ervc in tho capacity of sheriff
any longer. !d. TiHt is qualified
for tho office, and if elected, the
commissioners will never be com
pelled to request that he present
them, bis quarterly reports two at a
time, when the law emphatically
rays it must he done at the end of
inch quarter.
Till" MORE VALUABLE.
Though a watch cannot be classe d
lis nn nsbolute necessity of life, there
are few people in this age who can
afford to be without one. For this
reason nearly every American citizen
is affected by tho tariff on watches,
which was Increased by tho Payne-Aldrlch-Taft
bill. And following tho
enactment of the new tariff law, as
night follows the day, has como the
announcement by tho concerns In the
watch trust that prices have been
raised from 5 to 10 per cent.
The credulous arc at liberty to be
lieve, If they choose to, tho state
ment of the Elgin and the, Walthnm
companies, tho two largest of tho
trust that the tariff has nothing to do
with the increase. But tho less simple
Jiilndcd will be more Inclined to tho
conviction that tho watch companies
have raised prices becauso Increased
vrotcction from foreign competition
lias enabled them lo do so. Con
gress und the president, by giving
the watch trust what It demanded,
has placed the trust In a position to
rob the people with Impunity, and It
proposes to get out of protection "all
tho traMc will bear."
The Elgin and Wnltham companies
assure the public with charming naio-
vlty that they could not combine to
raise prices because that Is forbidden
by the Sherman antUrust act. It was
therefore, a mere coincidence and
nothing more that the two companies
on the same day advised the retailers
that tho Increase was to be made.
:o:
LIGHT IS BREAKING.
There Is In tho action of Judge
A. B. Anderson, of the United Stntes
district court at Indianapolis, dls
missing the libel case against Dele
an Smith, editor of the Indlanapoll
News, and tho proprietor of that pa
per, Charles R. Williams, a bright
ray of encouragement to the friend
of human liberty. Free speech and
freedom of the press are among the
strongest bulwarks which protect
American citizens In the enjoyment
of their natural rights. The pro
feedings against distinguished cdl
lors for attacking certain characters
Plattsmouth, Nebraska
Publisher.
a n; : i, .ii'iiti, suuil-elas
IN ADVANCE
connected with the purchase of the
French Panama canal Interests were
begun at the Instigation of Theodore
Roosevelt, while still president. It
was a bold attempt to strangle In
vestigation of the sudden secession
of the state of Panama from the
United States of Columbia, supported
and made successful by Mr. Roose
velt's gunboats on both sides of the
isthmus, out of which affair the
notorious Buenna Varilll reaped a
harvest of several millions.
The ruling by Judge Anderson,
with the reasons given therefor, In
this case will strengthen confidence
In the American judiciary. The
heavy hand of the president of the
United States can be laid upon Judge
Anderson, by withholding from him
hereafter deserved promotion on the
bench, and for his courageous dis
charge of judicial duty he may be
punished by depriving him of well
earned honors. Would It not have
been sweet to drag the editor of the
News to Washington, and, after giv
ing him the farce of a trial, shut
him up for years In Leavenworth
prison? ., Says Judge Anderson:
To my mind, that man has read
tho history of our institutions to very
little purpose who does not put very
little valuation on the possible suc
cess cf evidence such ns this. If
the history of liberty means any
thing; if the constitution means any
thing, then tho prosecuting authori
ties should not have the power to
select the tribunal. If there be more
than ere to select from, at the capi
tal of the tuition, nor should the gov-
ernment have tho power to drag clti-
'.ens from uii.taiit states there for
trial.
The rape of Panama will yet be
settled for. Dr. Amador has got nt
least a part of his reward, and the
reckoning duo to others is sure to
conic,
:o:
1 OK A BI-PARTISAN COURT.
i Chairman llayward of the Republi
l,n state committee, who publicly
I boasts of the dispatch and certainty
with which a Republican state court
can nullify Democratic legislation,
must look with proudly approving
eyes on Federal Judges Vandevanter
and T. C. Munger. They not only
decided against the guaranty law,
but they derided against It so em
phatically and comprehensively that
if their decision stands It will be im
possible ever to resurrect or recon
struct it. They mado a thorough Job
of It while they were at it.
This newspaper docs not doubt
that these Judges did what they bo
lleved to bo their duty under the
onstitution and the laws. They de
cided, we have- no doubt, ns they
thought tho case ought to bo decided
But we also have no doubt tkat other
udges, equally honest, equally learn
ed In tho law, but with different
views of government, different Ideas
as to the purpose and meaning of
tho constitution, would have decided
tho case differently. Just as -the
Democratic supreme Judges in Okla
homa did decide It differently.'
There are two grent schools of
political thought, represented In this
country by tho Republican and Dem
ocratic parties. A Judge, like any
other man, trained in one school,
will arrive at a different conclusion
from tho consideration of tho snme
state of facts than one trained In the
other school. That is why Demo
cratic Judges In Oklahoma decided
for the guaranty law and Republican
Judges In Nebraska decided against
It.
Chairman llayward Rnd Boss Rose
water are urging the people of No
braska to elect to the supreme bench
Judges Sedwlck, Barnes and Fawcett.
Chairman llayward Is proud of their
record as nulllflers, of their quick
tendency to overthrow laws and Jury
verdicts. They are all three Republl
cans or ine old school. They are
"standpatters," in a word. Like
Judges Vandevanter and Munger
their training and mental bias (lis
poses them to approach a luw with
prejudice against the law, particu
larly If it be one the people favor
and the special Interests oppose.
Do the people of Nebraska want a
supreme court made up exclusively
of Judges of this kind?
If they do, they will elect Judges
Sedgwick, Barnes and Fawcett, and
the work of nullifying progressive
legislation in the courts will go right
on.
If, however, the people want some
judges In the court who will look
on problems laid before the court
from the progressive viewpoint, as a
result of training in the school of
Thomas Jefferson, they should look
with favor on the candidacies of
Judges Sullivan, Good and Dean.
They, as Judges, would rather up
hold a law than overthrow it, other
things being equal. They would
have no tendency toward bench leg
islation. They might even look on
human rights as a bit more sacred
than property rights, should the two
come into lrrespressible conflict.
Should these Judges be elected the
court would be divided as to poli
tics; its members would have dif
ferent viewpoints, and out of the
clash of opinion truth should come.
Should the three Republican can
didates be elected the court will be
solidly Republican, wholly partisan.
Which would be better for the
state of Nebraska? Out of which
kind of court would Justice be least
likely to come? World-Herald.
:o:
A friend asks us: "Were the mur
derers of the Weeping Water mar
shall ever captured?" Ask Sheriff
Qulnton. Our friend might have ask
ed us about the bank robbers that
made good tlylr escape also several
years ago, and numerous other cases,
all of which, no doubt, he will have
some excuse to offer.
:o:
Frank E. Schlater ought to bo re
elected to the position he has so ef
ficiently filled for the past two years,
beeniiso he has proved faithful to the
trust reposed in him, and has fully
demonstrated to the taxpayers of
Cass county that he "is the right man
In the right place." Then why not
"let well enough alone," for at least
two years more?
:o:
The responsibility of the treasurer
of Cass county is very great, and the
voters should think several times be
fore they vote against the present in
cumbent for the second term. Frank
E. Schlater Is one of God's noblemen
and a gentleman whose character and
evory-day life is like an open book.
He has proved a most efficient and
faithful guardian of the people's
money, and. "has never been found
wanting." These are good things to
remember before you cast your vote.
:o:
Keep it before the voters of Cass
county that D. C. Morgan, whose
qualities as a gentleman and citizen
are above reproach. And that his
qualifications for the office of county
clerk cannot bo surpassed by any
man In Cass county. Make up your
mind to vote for Clel Morgan because
he Is a first-class gentleman in every
sense of the term, and contains all
the essentials to fill the poition, not
only with honor to himself, but w ith
credit to the people of the county
;o;
The Democratic county ticket Is
one of tho best that ever asked the
suffrages of the voter. This fact Is
readily conceded by Republicans and
Democrats alike. The most of that
ticket is CasB county products, all of
whom bear untarlshed records for all
that goes to make good, reliable fit I
zons. These facts should go some
toward the success of the whole
ticket. Thoso who were not born in
this county are men who have lived
In Cass county for many years, and
have assisted in making the county
what it la the best county in No
braska. Take a look at the array of
names nt tho masthead of the Jour
nal, and you will see that they be
long to the beat families in the coun
ty and are truly worthy of your sup
port.
-:o:-
Bill llayward made a speech at tho
Kearney dollar dinner. Like somo
more of these alleged statesmen he
thought he had to rip It Into tho
Democratic party In order to mako
a hit. llayward Is a bright young
fellow and could be a popular poli
tician if he would get It out of his
nut that all the honest people in the
world belonged to the Republican
party. There are rummies In both
parties. It is true that there is a
split on both parties, but every man
has a right to his own opinion of
what Is just and fair and when any
fellow gets into his head any other
way he Is a sapling. There will fin
ally be a show down. The liberals in
both parties may get together on a
common plane. -If they do they will
sweep the state. When the grand
stand reformers are showed up in
their real light they will have to take
to the brush. Republican office
seekers are still screeching about the
recent legislature fixing up things for
the pie counter. The real belch Is
caused by soreness because the
plumbs were distributed around in
such a manner that some of the old
time grafters and leeches were shut,
out.
EXCESSIVE JUDICIAL POWER.
The World-Herald has frequently
directed attention to the fact that the
United States is the only great coun
try in the world which has created a
judiciary with power to override the
will of the people, t'ie enactments of
the legislature and the authority of
the executive. We have, in theory,
a representative government, with
three co-ordinate branches. In fact
and effect, however, we have a court
of despotism, since the judicial
branch can veto absolutely the acts
of tho legislature and executive
branches. And this despotism, so far
as the federal government is con
cerned, is Irresponsible, since the
judges are not elected by the people
but appointed by the president and
now their positions for 1 fo.
In almost every other country in
the world, monarchy ns well as re
public, a law becomes the law when
he legislature has passed It and the
executive has approved it. In this
ountry only can a law be suspended
indefinitely or overthrown forever at
the discretion of one or a few judges.
Prof. George E. Howard of the
University of Nebraska comments
strikingly on this condition in dis
cussing the judicial overthrow of the
bank guaranty law. What Dr. How
ard says Is Important, not only in It
self; but as coming from one who is
a profound student of government
and society", and recognized as a his
torical authority of first rank. Dr.
Howard says, in an Interview in the
Lincoln Journal:
It Is a mistake in a self-eovernlne
democracy to vest a court with power
to declare a law enacted by the leg.
islature void. With respect to what
constitutes good law the legislature
itseir as representing the will of the
people, should be supreme. The law
making body should not be subordi
nated to a court. No other federal
government, Australia alone excepted,
nas given tne courts this dangerous
authority. Neither Canada, Switzer
land, nor federal Germany has done
so. For more than 200 vears thn
English courts have been Incompetent
to declare a parliamentary statute
void. The parliament Is hlcher than
the court. Moreover, the tenure of
the English Judges is dependent on
the will of the two houses of parlia
ment, which may remove a Judce on
a Joint address to the executive, that
Is In reality, to the prime minister,
who always represents the will of the
house of commons.
It was not' positively known thnt
our courts could determine the valid
ity of either a state law or of a fed
eral law until the days of Chief Jus
tice Marshall. It may be that the
makers of the constitution Intended
tho courts to exercise this function:
but It is easily conceivable that, with
a different chief justice, the court
might never have established It by
precedent. The personal equation has
always counted much in our Judicial
history. It Is almost certain that
eventually public sentiment will de
mand an amendment to the constitu
tion taking from our Judges this dan
gerous and anomolous power.
If this decision is good law, it nev
ertheless discloses In our Jurlspru
donee a social menace. But Is It good
law? To the lay student of our legal
history the arguments of the judges
are far from convincing. Frankly,
witn all due respect for the Judges,
tneir decision seems to rest upon ren
sonlng which would render unconsti
tutional a lnrge part of our statute
law. ,1 cannot but regard the de
clslon as unfortunate. If there was
any doubt, ought not the desires of
the people expressed through their
law makers to have had the benefit of
It? The times are calling loudly for
th socialization of our Jurisprudence
and for the socialization of our
Judges.
to go as far ns Dr. Howard suggests
and abolish utterly the Judicial veto
of legislation. But we believe public
sentiment Is strongly In favor of laws
which will permit none but tho su
preme court of the state to set a state
law aside, and which will permit ap
peal, in such a case, only to the su
preme court of the United States di
rect. The annulling of the laws of sover
eign states by inferior federal judges
created by congress is an Insult to
state pride and an infringement on
them, utterly. The latter remedy
would be preferable to the present,
state sovereignty. There should be
an end to it, and in short order. The
remedy lies easily within the reach
of congress. Having created these
inferior judges it has full authority
to limit their power or to abolish
intolerable condition. World-Herald.
:o:
IS MAXSPEAKEIl A DEPUTY?
The official acts of Sheriff Quin
ton have been, and especially at the
present time, are the subject of much
comment by the people. The Journal
believes and takes pride in giving
praise and due credit to any officer,
Republican cr Democrat, who has
faithfully and honestly performed the
duties of his office. And those who
have not dene so, it is the duty of a
newspaper to criticise, and condemn,
whether they he Republican or Dem
ocrat. To a few. for a lone time, it
was known that no record of the fil
ing of the appointment of any deputy
sheriff by Sheriff Quinton could be
found in the office of the county
clerk.
For the information of the people
of Cass county the Journal publishes
the following provisions of our stat
utes governing the appointment of
deputies, including that of deputy
sheriff, and asks a careful reading of
the same, and then say, is Sheriff
Quinton worthy a third term?
Section 9GS8, Cobbey's Annotated
Statutes for 1009, among other
things, provides as follows:
"And each county register of
deeds, treasurer, sheriff, clerk and
surveyor, may appoint a deputy, for
whose acts he shall be responsible;
and from whom he shall require a
bond, which appointment shall be In
writing and Bhall be revocable by
writing under the principal's hand;
and bcth appointment and revoca
tion shall be filed and kept in the
office of the county clerk in case of
deputies' for county officers."
The "appointment , shall be In
wilting" and "both appointment and
revocation shall be filed and kept in
the office of tho country clerk!"
We print the above In black type
to emphasize what the law says
Sheriff Quinton's duties are about ap
pointment of deputy sheriffs. This
law is mandatory; it says, "shall be
!n writing," and "shall be filed in the
office of the county clerk."
Section 9662 of the same statutes
provides as follows:
"Each deputy shall take the same
oath as his principal, which shall be
endorsed upon and filed with me cer
tificate of his appointment."
The above quoted law Is also man
datory; it says "shall take the same
oath as his principal" and "Shall be
endorsed upon and filed with the cor-
tificate of his appointment."
Section 10149 of the same statute
provides as follows:
"The Jailer or keeper of the latl
shall, unless the sheriff elect to act
as jailer In person, be a deputy ap
pointed by the sheriff, and such jailer
shall take the necessary oath before
entering upon the duties of his of
fice. Provided, the sheriff shall In
all cases be liable for the negligence
and misconduct of the Jailer as of
other deputies."
Mr. Ell Manspeaker has been act
ing as deputy sheriff under Sheriff
Quinton for some years past, and also
as jailer. As such deputy sheriff he
has pretended to perform the duties
of Buch officer. But was he ever
legally appointed by Sheriff Quinton?
A search of the records of the office
of the county clerk fails to show any
appointment "filed In writing," as
the law requires. The same records
fail to show that Mr. Manspeaker
ever gave a bond as deputy Bheriff,
or that he ever took the oath re
quired by law.
Read the law again, above quoted:
"Each deputy shall take the same
oath as his principal, which shall be
endorsed upon and filed with the cer
tificate of his appointment." Yes, and
the Jailer muBt be a deputy sheriff.
Read the law again, above quoted:
"Tho Jailer or keeper of the jail
shall, unless the sheriff elect to act
as Jailer In person, be a deputy ap
pointed by the sheriff." Who has
been the Jailer during Quinton'g in
cumbency? If Qulnton never legally
appointed a deputy sheriff then there
has been no legally appointed Jailer
during Quinton's two terms of office
as sheriff.
It will not do to say that these
charges are just for political effect.
The matter of appointment of dep
uty sheriffs and their qualiilcatioas
as such officers, is of vital interest U
every litigant In court, and to every
man, woman or child who might be
Imprisoned in the county Jail. Aid
it Is of the highest interest to the
litigant in court for whom a deputy
sheriff serves papers. What is Ue
result, if a so-called deputy sheriff
who has never been legally appointed
nor qualified as Buch officer, serves
a summons, subpoena, warrant or
other papers Issued from a court?
Service or arrest absolutely void!
Suppose such so-called deputy sheriff
should make a sale of real estate un
der decree in foreclosure and make
a deed to the purchaser, the sale is
void. So it would be with all such
acts of such pretended deputy sher
iff. The Journal has charged aid
the charge has been admitted that
Sheriff Quinton has not complied
with the law in making quarterly re
ports, of fees earned and collected.
But If he has failed to comply with
the law In making the appointment
of deputy sheriff, then It is a matter
more serious to every litigant In
court, and further shows either Ig
norance of his duties as sheriff or a
disposition to ignore the law.
It may interest-the reader as well
as voter and taxpayer to know that
the appointments of the following
named deputies are all filed as re
quired by law:
D. C. Morgan, deputy county clerk.
W. K. Fox, deputy treasurer.
Miss Frances Weidman, reputy re
corder of deeds.
Miss Gertrude Beeson, deputy
county judge.
Miss Jessie M. Robertson, deputy
clerk district court.
Miss Mia Gering, clerk county
treasurer.
It will thus be seen that Frank E.
Schlater, treasurer; W. E. Rosen
crans, clerk; II. E. Schneider, reg
ister of deeds; James Robertson,
clerk district court, and Allen J.
Beeson, county Judge, have all com
plied with the law in making these
appointments. Of these five officers,
three Schneider, Robertson aad
Beeson are Republicans, and two
Schlater and Rosencrans are Dem
ocrats; so both these Republican
and Democratic officers comply with
the law in appointing their deputies.
Why has Sheriff Qulnton not com
plied with the same law? As we
said before, this 1b not a matter of
politics so much as it Is a matter ef
fecting the legal acts of a so-called
deputy Bheriff. And It is already in
timated that the acts of Mr. Man
speaker as so-called deputy sheriff
and Jailer, may, in certain cases, be
called In question In the courts and
thus endanger legal proceedings.
:o:
Keep it Before the Voters,
it seems that a question of law
has arisen about just when the Bher
iff shall turn over to the county treas
urer the fees earned by him. To
our mind, It is very plain what the
Intention of the law is as expressed
by the word then in the section of
the law covering the sheriff's reports
and fees and it must al8o have been
very plain in the mind of the present
Bheriff before the investigation
which is now being made was com
menced. For on the 20th day of May, 198,
he turned over to the county treas
urer $203.80; and again on the 27th
day of November, 1908, he paid over
to this same officer $103.95, and still
again on the 1st of May, 1909, he
made another payment to this same
oficer of $-13.43. Evidently Mr.
Quinton's opinion of the law has
changed. He is openly quoted as say
ing that he can hold his fees, or the
people's money until the end of the
current year. Why, then did Mr.
Quinton either misconstrue the law
on the above given dates or does he
misconstrue the law now?
Talk about mud-sllnglng! The
Inst Issue of tho Weeping Water Re
publican has a lot of the real "stuff."
Olive can't write a five-line editorial,
but he has a few Republican fellows
thnt try to fill the bill.
