"&
JUNE 29 190G
ABOLISH THE IMMUNITY
The fifth amendment to the federal consti
tution provides that no person shall be compelled
in any criminal case to be wi'cness against him
self. It was in the spirit of this amendment that
the attorneys for the packers successfully plead
ed before Judge Humphrey at Chicago. Thomas
L. Anderson, city attorney for St. Louis, speaking
recently before the Southern Socfe'cy of East St.
Louis vigorously attacked the provision referred
to. Mr. Anderson said:
"The only privilege that an innocent man
wants is the opportunity to tell the truth,
whereby, undr our careful system of jus-
ttce, he must be liberated. The only priv
ilege that a criminal should be entitled to
is a privilege to be tried by the truth. By
what occult or metaphysical force is an .
innocent man going to " have a ball and
chain attached to him by giving him the
privilege, or compelling him, if you please,
to tell the truth? Can you imagine in what
way an innocent man would have suffered if
during the past there had been no constitu
tional exemptions for defendants testifying in
criminal causes? The exemption is termed a
cherished right of citizenship. I deny that
to remain silent is "the cherished right of an
American citizen. It is the cherished right ;
of the American criminal. It has protected
more bribery, grafting and felony than any
mistake in our national history. It gives
the rich criminal a feeling of security; it
encourages the poor to do his bidding; It
saps all encouragement from the heart of the
prosecuting official. It tends to make a mock
ery of law."
The reform proposed by Mr. Anderson may
appear to be radical, and lawyers will, perhaps,
be slow to indorse it. But Mr. Anderson has pre
sented the case In a forceful and convincing way.
.The Commoner beiieves he is right.
It is difficult to imagine in what way an inno
cent man would suffer in the event the consti
tutional exemption for defendants testifying in
criminal cases were removed. This provision
grew, we believe, out of an abuse in England of
the rights of prisoners. In days when there were
n6 safeguards whatever thrown around the ac
cused he was 'often subjected lo catechism under
such circumstances and embarrassments as to pre
clude the possibility of a fair henring. And out of
this grew tlie determination to give a defendant
on trial for life or liberty every possible oppor
tunity of avoiding an unjust conviction.
, But now there are sufficient safeguards
thrown around a man accused of crime. He is.
entitled to counsel, and if he is too poor to pay
for it, the state foots the bill. The pendulum
has swung in the other direction, and the plan
which was adopted to rectify an evil with respect
to an individual has produced another and equally
as great an evil with respect to society. It is not
likely the constitution will be amended in this
particular at an early day, but it would be well
for men to think -seriously upon the reform as
proposed by Mr. Anderson. The "immunltr bath '
ought to go, arid- the constitutional exemption
for defendants testifying in criminal causes
ought to be abolished.
JJJ
CANNONISM
As a slight warning to the White House to
keep hands off of legislation, Speaker Cannon re
cently said: "The floor of the house is the place
for debate, consideration and action regarding a
matter which is pending legislation." Certainly
it Is the place but will "Uncle Joe" allow it?
.Will he permit the house to "debate," "consider
and "act" on "pending legislation?"
Mr. Cannon is also reported to have said:
"I am satisfied that it (meaning the legislation
touching meat inspection) will receive safe and
sound consideration." Of course Mr. Cannon is
"satisfied" for he is the poo-bah and it is neces
sary that he be satisfied before a bill gets through
the house. But what does he mean by "safe and
sound?" "Safe" for the packers? "Sound" for
the muck fund that the Interests will supply for
this year's congressional campaign?
JJJ
WHY ABANDON THE PRACTICE?
The Wall Street Journal says: "George W.
Perkins is to be congratulated for his victory in
the appellate court. He was not guilty of a crime
In connection with the contribution of insurance
money to the national republican committee. The
case is to be taken to the court of appeals. It
may or may not sustain the decision of the ap-
The Commoner.
pellato court, but one thing is certain, that tho
practice of insurance contributions to political
committees has been killed, and there are no
mourners at its funeral."
But why has this practice been "killed?" It
is not a crime for the Insurance official to givo
away the policy holders' money, and In every
instance, thus far revealed, such contributions
have been made not for selfish or partisan pur
poses, but solely with the view of protecting "na
tional honor."
Is the national honor to remain subject to
the whims and caprices of the people?
Is it to be deprived of the protecting arm of
the McCurdy's, the flydes', the Perkins', the De
pews and the Tom Platts?
If such contributions were good in 1896 why
will they not be good in other years, when tho
people, not knowing what they neod, depend upon
the superior wisdom and the extraordinary patri
otism of Wall street gamblers to point out to them
the way and the truth?
If the contributions werj good in 189G wo
should have more of them. If they were not
good then the republican party ought to "put it
back."
Wliy abandon the practice of defending tho
national honor?
JJJ
FORTUNATE WEST POINTERS
At the West Point commencement exercises
General Corbln complained of tho small pay the
graduates would receive for their services in the
United States army. When Secretary Taft ad
dressed tho graduates he took "official notice" of
General Corbin's complaint and bluntly told tho
graduates that small salaries provided "a method
of developing character which one ought not to
lose." Mr. Taft further said:
"I am pretty sure that your salaries for
the next five years, low as they are, are pay
that the average professional nlan would bo
delighted to be sure of in the first five years
of his work. The truth Is that your pay is
not munificent, but you can live on It, and it
has the great merit of relieving you from
that Intense anxiety that troubles so many
members of tho learned professions that of
keeping the wolf from the door. We are
apt, In this age of wealth, to attach too much
importance to money. We ought to have
more people who, when they have amassed
a competence, would stop and dovote them
selves to public affairs."
Secretary Taft deserves the thanks of the
American people who are just now suffering be
cause of extravagant notions. Men who serve
the public 'in the army, as well as in civil life,
are fairly well paid. General Corbln made a mis
take in seeking to make the young soldiers dis
satisfied with their remuneration. These young
men had, free of all cost, received good educa
tion, and they immediately step into well paying
and permanent positions.
The average American boy finds It difficult,
in the first place, to make both ends meet while
struggling for an education, and then after he
receives his diploma, he often finds it difficult
to obtain employment. It will occur to a great
many old-fashioned people, that the young man
in whose cause General. Corbin registered his
complaint, ought to count himself very fortunate,
indeed.
JJJ
PREPOSTEROUS, YES!
The Kansas City Star expresses the opinion:
"It seems preposterous on the face that the pack
ers would thus expose themselves to attack."
Yes, but it seems "preposterous on the face" that
the helpless Burton or the broken hearted Depew
would expose themselves to attack. It seems pre
posterous that anyone with the history of cen
turies before him would make the mistake of seek
ing to profit through dishonesty. But men have
done these things in the past, as doubtless men
will do them in the future "preposterous on the
face" though they may seem.
JJJ
r OKLAHOMA
When President Roosevelt signed his name
to the bill admitting Oklahoma and Indian Ter
ritory to joint statehood the last of the Louisiana
Purchase was incorporated into the union of
states. Thirteen other states, the number of the
original union, had already been carved wholly
or partially out of the Louisiana Purchase before
Oklahoma was admitted. Tho Now York World
calls attention to some remarkable statistics
about tho now state. It already has more inhabl
tarts than any ono of the thirteen original states
had. Scarcely a dozen states exceed it In area,
and less than half tho states equal It In popula
tion. From tho date of its organization as a
territory Oklahoma began making haudflomo pro
vision for education. Two sections of land In
every township wore set aside for public school
purposes. A great university was foundod, thon
on agricultural college, then a normal school. In
1900 only 5.5 per cent of the population over ton
years of age woro illiterates.
Tho future of Oklahoma Is rosy with promise.
Its star will add new lustre to tho flag. It com
bines in its citizenship tho best blood and brain
ofrll the states.
JJJ ,
THE MYSTERIOUS CROMWELL
William Nolson Cromwell persists In his ro
fusal to answer tho questions put to him by Sen
ator Morgan of Alabama. It will bo remembered
that John F. Wallace, formerly chief engineer for
the Panama canal commission, testified that
Cromwell is attorney for the old French canal
company, for tho revolutionary government of
Panama, for tho Panama Ice and Electric com
pany, for the Panama Railroad company, and
that ho is, in fact, tho presiding genius in tho
canal work. JMr. Cromwell appears to stand very
highly with the administration. He seems to
have a great Influence with tho secretary of war.
Mr. Roosevelt ought, under the circumstances, to
have sufficient influence with Mr. Cromwell to
persuade ihat gentleman to conform to the presi
dent's publicity program, by taking tho senate
committee Into his confidence. There has boon
altogether too much mystery 'about Cromwell's
connection with the canal.
jjj I' fir
PRISON AND NO FINE ' ' ! '
The newspapers poke a good deal of fun at
former Chief of Police Devery of New York, but
he said something recently which should set oven
New York editors to thinking. Asked what he
suggested as a penalty for one who sold- bad
meat, Mr. Devery said: "Not less than two
years and not more than ten years at hard labor
in a stato prison, and no fine clause should bo
attached to such a bill. They would not mind
paying a fine because they'd make tho dear, kind,
tolerating, unsuspecting and over-willing-to-be-flim-flammed
public pay the fine with good in-
tcrcst."
In this instance, at least, Mr. Devery is right.
No one has been able to make a satisfactory de
fense of jail penalty with a fine as alternative.
Men who violate the anti-trust laws and men who
deal in impure food products, should, upon con
viction, be required to do service in prison.
HOW "PROTECTION" WORKS
President Roosevelt, in his special message
to congress concerning the matter of Inspection
laws, said that the evils brought to light In tho
packing houses operate "very much less as re
gards products sent abroad than as regards those
used at home."
This is the quintessence of protection. The
packers are "protected" against foreign competi
tion, and in return for the favors granted them
give the foreigner the best meat at prices lower
than those charged home consumers for the in
ferior article. These "infant industries" really
ought to be made to hustle for themselves a
while. It might serve to create a little filial affec
tion in their corporate breasts as well as to givo
relief to the people.
JJJ
A "LEAKY ROOF" FLAVOR
S
If Secretary Shaw were older we would bo
justified In believing him to be the original of
the famous "Arkansas Traveler" joke. Secretary
Shaw opposes tariff revision by the republican
party before election because it might operate to
the hurt of the republican party. And he op
poseo tariff revision after election because It
would bo in opposition to the expressed will of
the people who showed by their votes for the
g. o. p. that they did not favor tariff revision.
It was the optimist settler in the "Arkansas
Traveler" story who couldn't repair the leaky
roof when it rained, and when it was not raining
there was no need to mend it. Secretary Shaw's
logic has a "leaky roof" flavor.
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