The commoner. (Lincoln, Neb.) 1901-1923, December 01, 1905, Page 6, Image 6

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The Commoner.
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IT IS A VERY COMMON occurrenco to pick up
a newspaper these days and And therein
lugubrious wails to the effect that there is a
growing contempt for our courts of justice. The
trouble is, the newspapers pay much more atten
tion to the detail of bemoaning the growing con
tempt for our courts than they do to attempts
to remove the causes for the growing contempt.
If the people have become convinced that the
courts make a distinction between the rich and
influential offender and the poor and friendless
offender, the fault lies with the court, not with
the people. One needs but to read carefully the
daily newspapers to find plenty of evidence upon
which to base the suspicion that in all too many
instances courts construe the laws indifferently
for rich and poor.
A CASE IN POINT comes from Nebraska
where the United States court has just
inflicted-upon Bartlett Richards and W. G. Corn
stock a fine of $300 each and a sentence of six
hours in the custody of the United States marshal.
Richards and Comstock were found guilty of il
legally fencing 212,000 acres of government land
in Sheridan county, and the government had
worked for four years and spent several thou
sand dollars in securing the evidence that led
to the conviction. A few years ago a young man
was arraigned before the United States court at
Omaha on the charge of robbing the United
States mails.' He had help up a star route car
rier at the point of a revolver, rifled the mail
and secured a total of two cents in pennies. He
had no money to employ counsel, but the court
kindly appointed an attorney to defend him. The
attorney advised the prisoner to plead guilty,
which he did, and the judge sentenced him to the
federal penitentiary for years.
THESE TWO CASES are not Unique. In fact,
they are altogether too common. The rich
and influential prisoner escapes with a nominal
fine while the poor and friendless prisoner gets
the maximum. Richards and Comstock pleaded
guilty to the charge of fencing and using 212,000
acres of government land, and were fined a total
of $600 and given into the custody of the
marshal for six hours. This is a very small rent
to pay for the use of 212,000 acres of government
land for ten or twelve years. The cattle kings
certainly are laughing in their sleeves, and the
ridiculous punishment meted out to them will
not even have a deterent effect upon other of
fenders. Such cases are a farce and amply
explain why some people lose faith in the courts.
They breed contempt for the law in the minds of
offenders, and contempt for the courts in the
minds of the people. The man who steals a loaf
of bread from necessity is sent to the penitentiary,
while the rich man who steals from avarice
rather than from necessity is given a nominal
fine and turned loose to resume his lawlessness.
THE UTAH COURTS, according to a writer in
the New York Tribune, record a peculiar
verdict in a breach of promise suit. A young
woman who, after having been divorced twice on
cruelty charges, brought a suit for $50,000 be
cause a third suitor broke off an engagement.
This young woman said that her latest suitor
frequently visited her at her home on the country
. road, and that he had repeatedly asserted that
he "loved her better than hot cakes, and of them
he was just terrible fond." She admitted that
she had led him to the proposal by preparing
generous supplies of cakes. After being out for
three hours the jury delivered this remarkable
verdict: "We, the jury, find the defendant in
,, ?,se sullty as Parsed and award to the
Pialnctinas pl'ayed fo' datoages to the amount
of $50,000 cash money and one-half of the acre
of willow land on the bottoms; and, finally,
lastly and to the end, $1.60 for attorney's fees and
e, cts, of this actIon' Except, tat, whereas the
plaintiff has caused the defendant extreme mental
anguish and suffering in writing the note which
broke the contract of marriage, 30 per cent of the
damages is hereby declared cancolled. And
whereas die plaintiff has been the cause of grout lv
reducing the pecuniary prominence of the defmU-
ant to the extent of allowing and persuading him
to mako gigantic preparations in the matter of
household furniture and rented rooms, 30 per cent
more of the damages is hereby declared can
celled. And, furthermore, whereas plaintiff has
caused defendant unlimited humiliation, morti
fication and isolation in depriving him of the nec
essary affableness and stamina requisite for the
procuring of a suitable, or, in fact, any member of
the fair sex, as a social companion and for causing
him to bo sympathetically looked upon as a dis
mal, hopeless destitute among the children of
men, the remaining 40 per cent of the damages
is hereby declared cancelled."
THEM LITERARY FELLERS," as a certain
well known politician called the literary
workers who were driving spikes into greed and
graft, seem to be doing business at the old stand.
The election of Brand Whitlock to be mayor of
Toledo is ample proof of this . Mr. Whitlock was,
perhaps, Mayor "Golden Rule" Jones' closest
friend and confidant. It 'was natural therefore,
that the "golden rule party" should turn to Mr.
Whitlock -when it sought a successor to the able
gentleman who for so many years officiated as
mayor of Toledo. It must not be imagined that
because Mr. Whitlock is a "literary feller" he is
ignorant of what people call practical politics.
If there are those who labor under this delusion
they should read .Mr. Whitlock's novel, "The
Thirteenth District." It will convince them that
he is1 well acquainted with the devious ways of
the machine politician and in good position to
know what the machine politician will do when
he has an opportunity. And knowing this Mr.
Whitlock is armed for the defense of the people.
M-R. WHITLOCK'S electibn is not surprising
in view of all the facts. Mayor Jones was
beloved of all the people, and doubtless would
have been re-elected mayor of Toledo as long as
he lived and cared to accept the office. His friend
ship for and confidence in Mr. Whitlock were
well known, and the people believed that if Mr.
Jones could have named his successor he would
have named Mr. Whitlock. Believing this the
people who always rallied to the election of Mr.
Jones rallied to. elect Brand Whitlock, and those
who opposed Jones opposed Whitlock because
they believed that Whitlock not only stood for
what Jones stood, but had the ability and the
earnestness to carry them into effect. Mayor
Whitlock will be closely watched by the country,
and if he measures up to' the standard set by
"Golden Rule" Jones he will have achieved an
honor as high as any man could well covet He
will certainly have the best wishes and the moral
support of all men who believe in equality before
the law.
A FUNERAL WITHOUT a parallel took place
DM, November 19 at the Mldvale stee, Worl
Philadelphia. There a 40-ton ingot of steel
permeated with the flesh, blood and bones of two
workmen was buried with solemn rites. An As
sociated Press dispatch says: "The workmen
who were so strangely laid away were John
Forkin and Joseph Gazda, two foreign-speaking
laborers who met a horrible death a week ago
They were in a pit near a cupola containing many
tons of molten steel. A plug gave way and
80,000 pounds of the fier-y fluid ppured from the
cupola and overwhelmed them. The men were
completely incinerated and not a trace of them
or their clothing was left. The Mldvale Steel
company was averse to selling the steel or using
i ?iP ,Ule PurPse ifc was intended, and it was
decided to bury it with the rites of the church
to Wh ch the unfortunate men had belonged.
Accordingly the 40-ton ingot, oval in shane
twenty-eight feet long, six feet wide, and five
feet thick, was moved last week by a traveling
crane to the rear of the machine shop, where a
grave ten feot deep had been made. The great
mas of metal was laid in the hole and a platform
built over it so that the burial services could
be better performed. In the center of the plat
form was an opening six feet in diameter A
great crowd sought' admission to the works to
Uv, but only the two sisters of Gazda. who de
pended on him for support, and about 100 wo
men who were on Sunday duty were nermithS 7
attend the services along with tooTffld2?5
the company. Forkin had no relatives in thi
country. Among the officials was Prei,2
Charles Harrah. All heads were bared and
were lowered to half mast while two Driest ?
ducted the services. After the sisters of Gazda
hlbeen.ule(1ilwy the see&t inSot was covered
with earth and the funeral party dispersed The
grave of the men will be appropriately marked hv
the company." '
THIS IS THE STORY told by Rev. Henry A
Stimson of New York: "A dozen or mora
insurance financiers were assembled in a room
just prior to the exposure of the affairs of tho
Equitable Life. Its president, James W. Alex
ander, stood before them and pleaded for a
change of methods, announcing the course ho
proposed to take in case of their refusal. Ho
could endure existing conditions no longer. They
said, 'It will ruin you.' He replied: 'I know it.
There is a saying of the ancients, 'Let the man
who has the fewest years to live bo the sacri
fice.' I am the oldest man present. You with
your millions may weather the storm. I shall
go upon the' rocks, but my conscience will bo
clear.' " Referring to this tale Harpers Weekly
says: "Mr. Alexander did go on the rocks. Ac
cording to current accounts he is a man broken
in body and in mind, and with slight chance of
recovery. But of all the men seriously involved
in the insurance investigations, he lias suffered
least in reputation. There is a strong sentiment
to the effect that he never knowingly or inten
tionally did what was wrong. If it is true that
Tie brought the crash down on his own head from
the motives, and with the expectations, that Dr.
Stimson relates, the policyholders may one day
build a monument to him."
IT HAS DEVELOPED in the testimony before
New Yprk's insurance committee that there
is in existence a lobby supported by great finan
cial interests, provided with a joint boodle fund
and maintained for the purpose of fighting any
measure that threatens to advance the public in
terests or curtail the power of special interests
in any particular. Referring to "the scope of
the insurance lobby" the Denver News says: "Tho
letters read In the investigation, written by
Thomas D. Jordan, former controller of tho
Equitable, proved this fact beyond a doubt. The
New York Tribune, in its report of the proceed
ings, said that the instructions given to lobbyists
'revealed a range of legislation practically with
out limit.' Here are some extracts from these
letters: 'We are in favor of bill No. 99 for the
widening and improvement of West One Hundred
and Thirty-fifth street.' 'Please note we are op.
posed to assembly introductory bills 135 and 136
amending the stock corporation law in relation
to books of account of stockholders.' 'Please note
that we are vigorously opposed to senate bin
150, Malby. .1 want to keep track of this measure
till it is killed. 'We are vigorously opposed to
introductory No. 272, Robinson, cedins to tie
town of Islip certain water rights.' 'Wo are in
terested in Senator Moran's bill, introductory aw,
reducing the rate of interest to 5 per cent, i
imagine this latter measure will have a ionb
sleep.' 'I desire to again call your attention i
Senator Malby's bill, introductory 250. we ar
opposed to this bill.'"
SOME OP THESE "objectionable" lills volatetl
to the employment of women and children,
Borne to labor laws protecting or aiding the woik
ingman, some relating to tenement houses, to u
security of guests in hotels? to the taxation o
banks and trust companies and the News asi.
"Can anyone doubt that what is true of the m&u
ance trust and legislation at Albany is also u i
in Washington and in all state capitals an
,many other financial combines? Can they iob
doubt that machine politics, whatever the paw
always works with -wheels oiled by con '
funds? Can they not see that something ""
mental is required 1o free the nation from
a clutch upon its throat?"
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