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DECEMBER , ISlO .
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THE UNITED STATES supreme court has
rendered an opinion in tho Alabama peon
age cases with the result that four Alabama men
will go to prison for alleged peonago practices.
A Washington dispatch to tho Richmond (Va.)
Times-Dispatch says: "Sentences of imprison
ment imposed iipon W. S. Harlan, Robert Gai
, lagher, C. C. Hilton and H. E. Huggins, of Ala
bama, on peonage conspiracy charges, were al
lowed to stand as legal by the court. These
were the first convictions under the recent cru
sade of the federal government against peon
age. W. S. Harlan, general manager of tho
r Jackson Lumber company, with mills near Lock
hart, Ala., was arrested in 1906, together with
G. C. Hilton and S. E. Huggins, employes of
the mills, on a' charge of conspiracy to commit
the statutory offense of 'peonage.' They were
accused specifically of having conspired to ar
rest and to return to the lumber camp of tho
company a Hungarian named Rudolph Lanni
ger, to work out an indebtedness alleged to be
due to tho company. Harlan was sentenced to
serve eighteen months at hard labor in the
federal penitentiary at Atlanta and tp pay a fine
of $5,000; Hilton and Huggins each tor serve
thirteen months and to pay a fine of $1,000.
The supreme court declined to review the trial
upon application of the convicted men, but the
cases were brought to the court on an appeal
from the refusal of the circuit court of tho
United States for the northern district of Florida
to release them on writs of habeas corpus. They
demanded their release on the ground that tho
sentence included hard labor and because tho
grand jury was not organized in accordance with
the law. In -a second" case, Robert Gallagher,
logging superintendent of tlie Jackson. Lumber
. company;,, was convicted on a similar charge arid
"" sentenced to .-fifteen months in the iienitentiaTy
dh'd fo pay "a.iine pf'?r,00p. He, too, vainly
-sought' release on. habeas corpus."
W HILE REFUSING to say that states may
"gerrymander" their territory for con
gressional districting purposes independent of
limitations by congress the United States su
preme court has dismissed for want of jurisdic
tion tho appeal from an attack on an alleged,
"gerrymander" in Kentucky. Tho'court held it
was without jurisdiction, because the case -concerned
the congressional election of 1908, and
therefore the case now raised only a mooted
question. A Washington dispatch to the Rich
mond (Va.) Times-Dispatch says: "Judicial
proceedings were begun in Kentucky In 1907
to test the alleged 'gerrymander' of the state
for congressional election purposes. Charles
Richardson, of the Fourth congressional district, -filed
a suit asking that the secretary of state
and his successor be enjoined from printing on
the official ballots in 1908 the names of certain
candidates for congress. It was claimed by
him that the act of the Kentucky legislature
- had 'gerrymandered' the Eleventh, Eighth and
' Third districts in violation of statutes of con
gress and the constitution. Such discrepancies
existed in tho apportionment, it was claimed,
- that a voter in the Eighth district availed in
voting more than one and four-fifths times as
THE PRESIDENT'S MESSAGE
r; . (Continued from Page 4)
"tion-specified in that bill. Also a punishment
of fine and imprisonment upon railroad agents
and shippers for frand or misrepresentation in
connection with the- issue of bills of lading is
sued upon interstate and foreign shipments.
Ho says ho does not recommend any amend
ment to the anti-trust law. On this point he con
cludes: "In other words, It seems to m? that
the existing legislation with reference to the.
ieLlatlon of corporations and the restraint of
their business has reached a point where we
can stop for awhile and witness the effect of
?he vigorous execution of the laws on tlw stat
ute books m restraining tho abuses which, cer
tainly did exist and which roused the public
much as a voter in tho Eleventh. At tho elec
tion in 1908, it was argued boforo tho Hupremo
court, the republicans carried the Elovonth by
over 21,000, while the democrats carried tho
Eighth by about 1,700 and tho Third by about
500. Tho Kentucky court of appeals hold that
it had no power under the state constitution to
roview the action of tho leglBlaturo in district
ing tho state for congressional purposes, and it
questioned the power of congress to do so."
THE OLD SUBJECT of tho official tonuro
of a United States senator appointed by a
governor is revived in tho case of "Late" Young
of Iowa. Tho Sioux City (la.) Journal says:
"It is reported that a group of Iowa City law
professors, aftor an examination of tho case,
has decided that should tho legislature fail to
elect the successor of Senator Dolllver tho gov
ernor's appointee will hold tho place until his
successor is elected and qualified, provided tho
time does not extend beyond tho term for which
Senator Dolliver was elected. That Is to say,
tho legislature may meet and adjourn without
electing a senator and Senator Young will con
tinue In the place by reason of his -appointment
by tho governor until March 3, 1913, unless
his successor meantimo should be named at a
Bjiecial session of tho legislature. Tho Iowa City
law professors are reported to have found a case
back in the early '80's that they think estab
lishes a precedent; but they are mistaken. If
the .legislature should fail to elect during tho
session with its adjournment the governor's ap
pointment would lapse. The constitution of tho
United States provides: 'If vacancies happen
by resignation, or otherwise, during tho recess
of the. legislature of. any state, tho oxecutivo
thereof may make temporary appointments until
the next meeting of the legislature which shall
then fill such vacancies.' Tho law professors
at Iowa City are respectfully referred to the case
of the late Senator Quay, of Pennsylvania. His
second term as senator expired March 3, 1899.
The legislature was in session and failed to re
elect him, He was on trial for tho misappro
priation of public funds, and following tho ad
journment of the legislature, namely, on the
21st of April, 1899, he was acquitted, and
that same day he was appointed by Governor
Stone senator ad interim. " The sonate refused
to recognize his right to the seat, and the seat
was vacant until January, 1901, when ho was
elected by tho legislature to fill the vacancy
caused by the failure of tho legislature to elect
in January, 1899. His last term expired in
1905, but Senator Quay died the previous year,
and was succeeded by Philander C. Knox, by
appointment of Governor Pennypackor, In June,
and the following January Senator Knox was
elected by tho legislature."
A SIGNIFICANT development of the British
campaign, in the opinion of a writer in the
Lincoln (Neb.) Journal, is tho swinging over of
the conservative party to tho support of tho
principle of direct legislation. This writer adds:
"It does not appear that the referendum has
yet been made a formal plank of the conserva-
to demand reform. If this test develops a need
for further legislation, well and good, but until
then let us execute what wo have.. Duo to tho
reform movements of the present decide, there
has undoubtedly been a great improvement in
business methods and standards and In the earn
estness of effort on tho part of business men to
comply with the law. They aro now seeking to
know the exact limitations upon business meth
ods imposed by the law, and. these will doubtless
be made clearer by the decisions of the supreme
court in cases pending before it. I believe it
' to be in the interest of all the people of tho
country that for the time being tho activities
of government, In addition to enforcing the ex
isting law, bo directed toward the economy of
administration, and the enlargement of opportu
nities for foreign trade, the building up of home
industries, and the strengthening of confidence
of capital In domestic investment"
tlvo platform, but It fs brought forward more
prominently overy day by tho speakers whe
wish to prcscrvo tho present houso of lords.
In lieu of tho liberal program which would
make tho houso of commons tho solo chnmbor
of legislation, under certain restrictions, the
coiiBorvatlvo spcakors now propoao to roter te
tho peoplo overy houno bill that Is unsatisfac
tory to tho lords. This Is objected to by tho
liberals for two roanons tho expense of the
oloctions and tho fact that only liberal measures
would bo forced to run tho doublo gauntlet of
parliament and a popular vote. Tho catlmatcH
of tho cost of a roforendura rango all tho way
from a million to ton millions of dollars. Tho
amount is largo becauso England has no statod
oloctions, as wo havo in this country, and must
hold a special polling as occasion arises. Tho
existing system Is a referendum on whether a
government Bhall stand or fall. It Involvos
many questions and tho seats of all tho mem
bers of commons. Of course tho oxpenso la
onormous. Tho cost of a referendum 'ad hoc
or 'on that whenever tho commons and the
lords cannot agree, would bo very much lesa,
for no seats would bo Involved. It Is not llkoly
that this arrangement will bo carried out, but
tho fact that it Is seriously proposed by the
conservative party of Groat Britain is very dis
tinctly one of tho signs of tho times."
MRS. MARY BAKER EDDY, tho discoverer
and founder of Christian Science, passed
away at her home In Boston on tho evening of
Docember 3. A Boston dispatch, carried by the
Associated Press, says: "Announcomont of the
passing of tho venerable leader, which occurrod
lato last night at her homo at Chestnut Hill, was
mado at tho morning service of tho mother
church in this city, today. 'Natural causes
explains the death J according to Dr. Georgo L.
West, a district medical examiner, who was
summoned a few hours after Mrs. Edddy passed
away. Later West added that tho moro imme
diate cause probably was pneumonia. Tho news
of Mts. Eddy's death was mado known simul
taneously by Judge Clifford P. Smith, first reader
of tho mother church, at the close of tho morn
ing service, and by Alfred Farlow, of tho Chris
tian Science publication committee, in a state
ment to tho press. According to Mr. Farlow,
Mrs. Eddy passed away at a quarter boforo
eleven o'clock last night. 'She had been Indis
posed for about nine days,' said Mr. Farlow's
statement, 'but had been up and dressed, and
as late as Thursday transacted some business
with one of the officials of tho church. Sho
took her daily afternoon drive until two days
before her going. Saturday night sho fell quiet
ly asleep and those around her could at first
hardly realize that sho had gone. Her thought
woro clear until the last and she left no final
messages. No physician was in attendance, but
she had tho assistance of tho students who com
prised her household. With her at the time of
hor departure were Calvin A. Fryo, Mrs. Laura
E. Sargent, Mrs. Ella S. Rathvon, tho Rev.
Irving C. Tomlinson, her corresponding secre
tary; William R Rathvon, and her secretary,
Adam H. Dickey "
RECALL IN ARIZONA
Tho Arizona constitutional convention, by a
vote of thirty-five to eleven, adopted a clause
extending tho operation of the recall to tho
entire judiciary. With this provision tho recall
applies to all elective officers of the new state.
Phoenix dispatches say: "Arizona standpatters
predicted that President Taft and congress would
veto the new state constitution because of this
clause, which they assert will make it abso
lutely Impossible for the president to accept the
now constitution."
Arizona constitution makers can afford to hold
the advance ground they have taken. Recall
Is certain to be generally adopted in this count
try. Arizona is simply a few years ahead of
other states.
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