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questioned tho med of such law, but mairy doubted
"Such, thon, were tho conditions of this caso
and the circumstances surrounding it when it was
called for trial by Judge Thompson. The trial
lasted several weeks, and many witnesses were
examined and much documentary evidence intro
duced. In deciding the caso for tho people Judge
Thompson, in a written opinion of considerable
longtb, reviewed tho evidence and applied tho
law in a manner so clearly and forcibly that tho
supreme court on appeal followed without devia
tion or halting the new roadway of justice that
had been opened and cleared by the powor of his
clear reasoning and pure logic. He found from
the evidence that the state board did not assess
4ho defendants on their franchiso property. That
their refusal to uo so was unreasonable, willful and
fraudulent That tho value of such property
omitted from assessment was about $235,000,000.
That one of tho defendants, a street railway cor
poration, was paying regularly to its stockholder
a dividend of 35 per cent per annum on their
capital stock. That the company did not owni.a
single item of tangible property. That it did not
pay out a dollar for labor, Tepairs or insurance.
That its earnings were derived wholly from the
rents of its franchiso, which it leased to. .another
railway company. This franchise property was
valuable enough to pay its ovners this enormous
dividend, and yet It did not pay a cent of taxes.
In referring to this particular defendant Judge
Thompson made. use of this language:
"'There is no reason why the owners' of this
class of property should rely on the law to upheld
and enforce its franchise contract with -the city-,
under which these great prolits are realized, and
bo exempt from contributing toward the expense
of maintaining the government that protects them
in such ownership. The franchises are special
privileges granted by the governing power, and
under the law are personal property. .They, like
all other forms of property, are subject, to taxa
tion. Being intangible property in no way ex
empts them from this burden.'
"Another of tho defendants, the People's G&s
company, had by some means induced the stat!e
board to value and assess its property at $450,000.
On the trial tho court found tho assessable value
of tho same property to bo over ten" ,mi,1116tis of
dollars. The difference in annual taxes to tje
pad, by this company, on the value fixed by the
Btato board and that found by the court would fie
approximately a half million' of dollars. ' f
In holding it to be the law that in cases
Yf&are. the assessing officers willfully or unrea
sonably undervalue property for taxation it con
stitutes a fraud and is tho same as if no assess
ment had been mado, and that the courts have
the power to compel such officers to perform their
duty under a writ of mandamus, Judge Thompson
laid down a now, but necessarily just, rule by
which such abuses may in tho future be corrected.
For tho first time in the history of tho state tho
.arrogant corporation managers and the notorious
state board were cc spelled to respect the revenue
laws. ' ''
The opinion t Judge Thompson did more to
revive public confidence in tho impartial admin
istration of justico and in tho integrity, of tho
judiciary than ty act of recent years. No ono
who was fanilliar with tho nature of the case and
witnessed tho panic among the tax dodgers and
tho members of tho stato board when the final
orders wero about to bo mado to coerce the board
to assess these corporations, doubts that a judge of
jess integrity and firmness would have found a way
to save hundreds of thousands annually to these
corporations, and secure a fortune for himself.
How easy a matter this would have been, those
who know the history of tho caso and the char
actor of tho parties interested In it can readily
conjecture. But fortunately for the people an
absolutely honest and wholly fearless man holi
tho scales, and justice and right prevailed ovu
fraud and corruption.
"A president with such integrity' and such
firmness as his would bo wholly immune from tho
dangerous influences of trusts ami monopolies. Tho
country needs just such a clear, level-headed man
as. ho, whose inflexible integrity and indomitable
courage would enable him to safely guard the in
terests of the people and uphold tho honor of tho
nation under all circumstances. The admiration
for him among all classes of people in the state.
Cor his great knowledge of- the law and his cour
age and ability to administer it as exemplified in
tho tax case has crystallzed into an atfection that
Is rarely enjoyed ,by any pubjic officer."
JJJ
The Jewish Petition.
Tho action of our government in otferlng to
forward a petition, of American Jews and others
The Commoner.
asking tho czar to afford protection to Russian
Jews, has had tho desired effect, even though our
government was notified that tho petition would
not be received. It has called public attention to
the cruelty practiced in Russia and has helped to
croato a public sentiment that will make for
righteousness and humanity. Mr. Leon N. Levi,
of New York, well expresses it in tho following
interview:
"The answer made by Russia to Secre
tary Hay's note is no surprise to me. Tho
movement, however, has had all the good
efforts that wero in contemplation and even
more. It has enabled the American people
and the government to make an enduring rec
ord of their views on the Kishineff horror.
"The petition, being now an official docu
ment, will be preserved in the archives of
the United States and will forever testify to
the lofty humanity of tho people, which is
splendidly represented by the signers and of .
the president and his official advisers. 1 am
convinced, too, that the influence in Russia of
tho petition and of the agitation which pre
'ceeeded it has been powerful and good.
"The precise method of conveying the pe
tition was never regarded by tho United
States as of controlling importance, and when
Russia indicated, semi-offlciaily, that it would
be unacceptable, we deemed it .best for tho
interests of this country and of the Jews
in Russia to avoid a course that would pro
duce unnecessary friction. It was there-,
fore that we, upon our own initiative, and
without any suggestion whatsoever, besought
President Roosevelt to alter his decision to
send the signed petition, and to transmit its
text instead."
The Commoner is pleased to be able to com
mend the part taken in the matter by President
Roosevelt and the secretary of state.
JJJ
When Was He Sincere?
Addressing the people of Denison, la., on June
2, Mr. Roosevelt said:
"I think you will do me the justice to say
that I do not say what I do not mean. I never
said anything off the stump that I would not,'
say on the stump. So what I say now you can
take as sincere."
In view of these statements, Charles Q. Ed
wards of Washington submits some interesting
suggestions as ,to Mr. Roosevelt's sincerity.
Mr. Edwards is. anxious to know whether Mr.
Roosevelt was a sincere free trader when he was
a member of the New York Free Trade club in the
arly '80's, and when he said that he woull "Die
for free trade." Mr. Edwards is also anxious to
know whether Mr. Roosevelt was sincere when
he wrote his letter of resignation to Poultney
Bigelow, secretary of the club, which letter, ac--cordlng
to Mr. Edwards, was written after Mr.
Roosevelt had "decided to go over to Piatt and
the professional politicians whom he was elected
to fight and against whom he had expressed great
antagonism." Mr. Edwards is anxious to know
whether Mr. Roosevelt is now willing to repeat
his "free trade" speeches on the stump.
In 1902, Dr. Schurman gave as a slogan for 1904,
'.'Roosevelt, reciprocity and revision" of the tar
iff. Mr. Edwards is anxious to know that if as
generally supposed, Dr. Schurman then correctly
summarized the Roosevelt position on the tariff as
assumed from the Roosevelt speeches in New
Lngland, Is Mr. Roosevelt now willing to repeat
those speeches? And if not, why not?
Mr. Edwards is anxious to know if there is
any truth in the widely published statement that
the protective tariff league people persuaded Mr.
Roosevelt to change his views when they informed
lm' f n h. left Washington on April 1, that
if no did not cease to talk revision they would
seek to prevent his nomination.
v 5InTln lhQ Review of Reviews for Septem
ber, 1896, Mr. Roosevelt said:
"The men who object to what they style
government by injunction' are, as regards the
essential principles of government' in hearty
sympathy with their remote skin-clad ances
tors who lived in caves, fought ono another
-with stone-headed .axes, and ate the mam
moth and woolly rhinoceros. They are in
teresting as representing a geological survival, .
but they are dangerous whenover there is the
least chance of their making the principles of
this ages-buried past living factors in our
present life.
"They are not In sympathy with men of
good minds and sound civic morality."
Mr. Edwards is anxious to know whether Mr.
. VOLUME 3, NUMBER 28.
Roosevelt is willing to repeat on the sturan th
things ho wrote for the Review of Reviews k
eral years ago. ' -v
Mr. Edwards is curious to know whv M
Roosevelt did not repeat on his recent stumn toun
what ho said of tho farmers, mechanics and workt
ingmen in, his book entitled "Ranch Life and thn
Hunting TraiL" In that book, Mr. Roosevelt said
that although tho cowboys and rough riders
might be "broken by weeks of brutal dissipation
yet they are much better fellows and pleasanter
companions than small farmers or agricultural
laborers, nor are the mechanics and workmen of
a great city to bo mentioned in the same breath "
Mr. Edwards is anxious to lcnow how as a
civil service reformer Mr. Roosevelt can justify
tho . appointment to high office of such men as
Payne and; Clarkson; and he is also curious to
know if Mr. Roosevelt thinks it entirely proper
for the president, who every year must sign many
bills affecting the railroads, to ride in private cars
at the expense of these same railroads.
And finally Mr. Edwards reminds Mr. Roose
velt, in the language of the strenuous one, "words
are good when backed up.by deeds,, and only so."
It will occur to a great many people that Mr.
Edwards has built up 'a very Interesting case; aud
'it is not at all likely, judging from what we have
already observed of Mr. Roosevelt's course, that
he will "make good" any considerable number of
his well nigh numberless words.
JJJ '
Foreigners in China.
At the Christian Endeavor Society meeting,
held in Denver recently, a Mr. Beach, described
in the press dispatches as a missionary in China
for six years, declared that foreign syndicates had
secured every available railroad concession or
business enterprise in that country and that tho
greed of these foreign operators had brought about
an industrial revolution in that country.
"If the Chinese had the spirit of the men of
1776," he added, "there would not be a foreigner
or missionary left in China." This explains the
anti-foreign sentiment which is to be found in
the countries that are being "developed." The
"civilized nations" are. engaged in commercializ
ing the world. The business men of these na-t
tions obtain concessions and monopolize, trade, and
thon. the home government Is expcctedvto back up
the demands of the traders with armies and na
vies. Money! money! money! .Human rights are
being subordinated to it; nations are being em
broiled in It, and Christianity is being retarded on
account Of it Until within a few years America
was free from suspicion and her representatives
could go anywhere, but now that we have joined
other nations in land-grabbing we must expect
to meet the same opposition and, If we are going
to get our share of the plunder, we must leave a
trail of blood as other exploiting nations have
done. Imperialism must be abandoned or it will
work a complete change in the ideals and meth
ods of our government.
JJJ
Immigration.
A reader of The Commoner writes: ''Will yon
please publish the number of immigrants to this
country for each month?" We do not happen to
have the statistics at hand. An interesting ar
ticle on this subject will, however, .be found in
the American Review of Reviews for July. Sam
uel E. Moffett, the author of this article, says:
We are Just now on tho crest of the greatest
wave of immigration we have ever kjiown and
many are asking whether we shall be able to ride
the flood in safety." According to Mr, Moffett, in
April the Hamburg American steamer, "Pennsyl
vania," broke all records by bringing 2,731 steer
age passengers to New York in one day. In June,
the Batayia of the samp line, surpassed that
feat with 2,854. Until this year, the. total immi
gration of 788,992, in 1882, has stood as the unap
proached high-water mark. That included nearly
a hundred thousand arrivals from Canada, who
are not now included in the returns; yet without
allowing for that element, the immigration for
Jn?Y montns, ending with April, 1903, was
8U3,Z72. The contributions from Canada and Mex
lc0oS?S3 DE?bRMy bdng this up nearly or quite
to 850,000. The figures from Europe include only
steerage passengers
JJJ
The Kenton (O.) Press thinks It is Strang
that the president neglected to quote from the
Declaration of Independence when he sent that
Fourth of July cfcMe to Manila. The Press has
seemingly overlooked the. fact that a censor has ft
desk at the other end of tht cahla.
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