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The Commoner.
VOLUME 8, NUMBER 1
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rpINO NICW York World 1ooh not intend to
J. rely upon a tdnglo oandidalo in (ho plans
thiil. It Im miikliiK for tho democratic party for
1!)()8. The World Hays: "The World has already
proHontod .John A. Johnson, governor of Minne
sota, an an available woHlorn candidate for tlio
democratic nomlnallon for president. It taken
equal ploanuro In proHcnling Woodrow Wilson
an a Houtlwrn candidate, no lens available and
with proHldenllal qualifications exceeded by Uioho
of no man whoso name will bo presented to any
national convention."
ACAHLIOflllAM under date of London, Jan
nary S, carried by the Associated Press
follows: "The exported meeting of the note
holders of the Chicago (Ireat Western Railway
company, with A. H. Slicknoy, president of tho
company, was held this afternoon. It was de
cided to appoint, a receiver for the company to
maintain tho status quo' during the time neces
sary to prepare a llrst mortgage bond covering
all tho indebtedness of the road, and to obtain
a voto of tho stockholders on this measure.
There were many note-holders at the meeting.
Subsequent to the meeting tho following notifi
cation was Issued by the London agency of the
company: 'At a meeting held today of some of
tho holders of the Chicago Great Western rail
way notes which mature shortly, the president
of tho company announced that, In order to
, maintain tho status quo, It had been decided by
tho London finance committee that application
should bo made to a United States court for
tho creation of a temporary receivership until
such time as tho company shall have obtained
authorization from its stockholders for the Issue
or first mortgage bonds to an amount sufneicnt
to tlnanco Kh requirements.' " In tho federal
court at St. Paul, Minn., Judge Sanborn appoint
ed A. B. Stlckney and Charles 11. I Smith, both
of St. Paul, as receivers for tho Chicago Great
Western.
rpIIOSH WHO havo waged war against graft
.1 In San Francisco were greatly discouraged
by tho decision of tho California Court of Ap
peals which released former Mayor Schmit. from
prison. A San Francisco dlspateh tells this
story: Tho district court of appeals handed
down a decision today setting aside tho judg
ment in the case of former Mayor Eugene B
Submit'., convicted of extortion in tho French
restaurant cases. Abo Ruof also benefits by the
ruling of the upper court, for, according to its
decision, he pleaded guilty to an act that was
not an offense against the laws of tho state
According to the appellate judges tho compell
ing of French restaurants to pay big "fees"
vJ lb0i Uor was K0t Jl orlmo' ovcn though Ruof
divided the "foes" with tho mayor. After dis
cussing tho point tho court reversed the judg
ment against Sen mite on tho ground that no
acts constituting a crime had been proved
against him. Abe Uuef, who pleaded guilty to
??,, f monVroni tho French restaurants
is therefore equally guiltless.
tween the master and servant. Justice Day con
curred in the decision. Justice Moody dissented
entirely, holding that the law is constitutional
on all points. Ho expressed the opinion that
congress had the general power to pass the act,
and the court's position was an interference
with the domain of the legislative branch of the
government. Justices Harlan and MoKenna
united in an opinion affirming the constitution
ality of the act, but holding it to be applicable
only to employes engaged at tho time in inter
state commerce and not to those engaged wholly
in tho state in which the accident happened.
Justice Holmes also delivered a brief dissenting
opinion. Summed up, the court stood five to
four against the constitutionality of the law,
Justices Harlan, McKenna, Holmes and Moody
sustaining its validity, and the other members
of tho court holding the opposite position."
-O
p RESIDENT ROOSEVELT caused to be made
J. public two letters which he had written
to Secretary of the Navy Metcalf relating to Ad
miral Brownson. The Washington correspondent
for the Cincinnati Enquirer says: "In the first
of these letters the president devotes himself to
Admiral Brownson's action in retiring when di
rected to place a staff officer in command of a
naval vessel because he adhered to the old naval
precedent that only line officers should he in
command of ships. He characterizes Admiral
Brownson's actions as 'highly injurious to the
service,' and adds, further, that his action has
undoubtedly been prejudicial to the Interests
of the navy, and may severely impair the con
fidence which is essential to securing the legis
lation sorely needed. In his last letter the presi
dent defends the plan of placing a physician
connected with the medical staff in command of
a hospital ship in preference to a regular line
officer, and cites the fact that Japanese hospital
ships were put under the command of medical
officers during the war with Russia. Mr. Roose
velt's action in making these letters public just
before tho reconvening of congress is taken as
a defiance of the members of the senate and
house who havo criticised his stand in this case.
In fact, the president makes his deft a definite
one in his last letter, in which he says that
hospital ships of the navy will hereafter be in
command of medical officers of the navy 'unless
otherwise ordered by congress.' '
Y A VOTH nf llvn ir, f M. t,..., . .
-V w ",yj iw iui i-uv uiuieu states
hiiiM. ?um'omo cow,rt declared the employers' lia-
--"--.' " wuoi mi uuiiui. a Washington diq
patch says: "That tho congressional act known
as tho emp oyors1 liability law' is not in accord
ance with tho constitution of the United States
because It goes beyond tho bounds permitted in
the regulation of interstate commerce, was tl S
VnUof raCl!0d ?y.tl10 8UI,romo co't o! to
United States In deciding two damajro ci
coining to the court from the fedo?a cons of
Kentucky and Tennessee which were bromrhf
under tho provisions of tho law. The decision
was announced by Justice White, the court
standing five to four on tho provision of the S
Among the men who voted not to sii,tnn ?h
MuTn?l0rVVOr m 3Sa& o Sop nlon
Much interest was manifested in tho result if
THE ATTACK upon Admiral Brownson by
the president was a general surprise. The
Lnquirors correspondent says: "In ofilciil
circles here it is a matter of general comment
that tho stand taken by Admiral Brownson is
indorsed by all line officers. Immediately after
Admiral Brownson retired Captain Cameron Mc
J ?. Winslow, who succeeded to the command
of tho bureau of navigation temporarily callo l
Wn010.11 u ecpolllpy of the navy to 55
fact that Surgeon-General Rixey had violated
the naval code in criticising a superior officer
No attention was paid to this protest by the'
president or the secretary of the navy, however
and Captain John E. Pillsbury was selected to
tako permanent command of the bureau r
aln Pillsbury, while he refuses to be Sawntato
the controversy, is known to hold the sin o
views entertained by Admiral Brownson"
p OLLOWING THE publication of Mr. Roose
X1 volt's letters to Secretary Metca f th
was considerable criticism because Aclmi?S
Brownson's letter of resiirniHrm !! A(jmInu
made public Later thTfcSidoSt gave1 o, t tl
Brownson letter with the following line- "t
following correspondence was iniivprt I)
omitted from that made Dublin ti,i2 rt?ntly
Brownson's letter foTo ws? g5r iS Trnin,g
1 was detached by your ? order from Z" InSt
mand of the United States Liiti? ShVom
ordered to Washington M aM
the most important bureau in the iinvv 5i .f
mont, the bureau which Ilmim. vy tlenar
-charged with mattms relattog J fnT ?
tho discipline and the Tefflcfencv of Ph FS0 5ne '
This transfer from a command mm thQ, fleet'
ond in importance aflSFHne whichT.860;
to none on shore coming on the eve of mye-
tirement from active service, while not to my
personal liking, was deeply gratifying to mo,
as it appeared to be an evidence of your con
fidence in my professional ability. In order,
however, that any efforts of mine to maintain
a high standard of efficiency and discipline in
the service be attended with success, it- is abso
lutely essential that I should have the confidence
of the service at large as well as that of higher
authority. The efficiency of the fleet can only
be maintained when the officers and men feel
that the chief of the bureau of navigation has
the confidence of the commander-in-chief of the
army and navy when a strong military spirit
exists in the service. Anything that shows a
lack of confidence or that tends to break down
this military spirit, which has been the "safe
guard and principal asset of the navy since its
beginning, can but impair such efficiency. The
recent order placing a medical officer in com
mand of a hospital ship is, in my opinion, and
as I have endeavored on several occasions to
point out to you, clearly opposed to the intent
of the law; is a radical departure from estab
lished naval usage and is fraught with danger
to the efficiency of the fleet, will tend, I believe,
to break down the military spirit of the service,
and shows a want of your confidence in my
advice regarding a matter so vital to the best
interests of the service. I am left, therefore,
with no alternative but to tender my resigna
tion as chief of the bureau' of navigation, much
as I regret to sever my active connection with
the service to which I have been devoted and
to which I have given my best 'efforts for over
forty-six years. Very respectfully, Willard H. '
Brownson, chief of bureau." The president's
letter of acceptance is as follows: "Sir: I ac
cept your resignation to take effect immediately.
You will this afternoon turn over your office
to your assistant, Captain Winslow, informing
him that he is to act until sucji time as' your
successor is appointed and qualified. Very truly
yours. Theodore Roosevelt." '
A NUMBER OF senators and representatives
are quoted as saying that there will cer
iff?i? be,an, lnvestigation of the Brownson
affair, and it is understood among Admiral
Brownson's friends that he may demand a court
of inquiry. It is pointed out by some of the
president's critics that he took it upon himself
to denounce as "disloyal" a naval officer and
simply because the naval officer disagreed with
the president on a matter of detail. Naval offl- .
cers have not discussed the matter in public, but
Park Benjamin, a lawyer, who was formerly a
YoTwnHied ?T iUlQ navy' save the New
Yoik World an interesting statement. Mr. Ben
jamin said: "I agree with the president that
it is the duty of those highest Jink to set
an example because of the far-reaching effect
and therefore the example which he has set
h imse If will naturally be the most effective of
all. I know of no law or custom which per
mits any one connected with the military or
?ifJaln8ePVlce, th,e United States Sdins
the commander-in-chief, to scold in public SI
way of disciplinary punishment. If in the exer
cise of his undoubted discretion he saw nf to
give an order to any subordinate and that sub
ordinate declined to carry it into effect his
in a dignified, lawful manner. He might have
ordered him before a court-martial to answer
a charge of disobedience of orders, or in cm5
of a commissioned officer he might nossihlv hnlt
dismissed him from the navy unaer the clafile
n the commission of that officer which reads?
This commission to continue in force durine
qMti1?aBUle 2f th.e Presient of the United
,?fr Ihe tirae beins'' If on the other hand
he did not consider that the officer had com
mitted so grave an offense, as disobedience rf
orders, hut nevertheless had done sotShw
tZ Jing 8lffp!y 0f a inland it may Sf
pointed out that a reprimand is one of the wSl
recognized punishments always to hi tZ
by tho action of a court-martia? 1. inflated
the mew will or whta ofiper n0tThl
S!if2.e;iKnaB n.0t Been flt to adPt etthVr couwe
but on the contrary merely to rail ntthl ??'
ing subordinate in a public proclamation li
ever an officer of the navy should foffow tSe e
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