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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Oct. 27, 1911)
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WILUAM J, BRYAN, EDITOR AND PROPRIETOR
YOU NO. 42
Lincoln, Nebraska, October 27, 1911
Whole Number 562
An Unbroken Chain
1 We now have an unbroken chain connecting the president with
the decision of the supreme court in the Standard Oil and Tobacco
FIRST LINK: The anti-trust law passed in 1890, declaring
EVERY combination in restraint of trade unlawful.
SECOND LINK: The decision of the supreme court thirteen
years ago (in which Justice Harlan joined) refusing to amend the
law by limiting it to UNREASONABLE restraint.
THIRD LINK: The dissenting opinion in that case, written by
Justice White, favoring the construction asked by the trusts.
FOURTH LINK: Thirteen years of unsuccessful effort on the
part of the trusts to secure legislation amending the law so as to
permit REASONABLE restraint of trade.
FIFTH LINK: Speech by Secretary Taft announcing his can
didacy, in which he suggested that the anti-trust law should be
amended by the insertion of the word UNREASONABLE, as desired
by the trusts.
SIXTH LINK: The republican platform of 1908, favoring an
amendment of the anti-trust law, but not specifying the character of
the amendment. w.- -. T .& ,
SEVENTH LINK: The selection of Governor Hughes to inter
pret the platform information furnished by Mr. Perkins until
recently a partner of J. Pierpont Morgan.
EIGHTH LINK: Speech delivered by Governor Hughes tt
Youngstown, 0., interpreting the platform to mean that the word
unreasonable would be inserted, as the trusts desired.
NINTH LINK: All the trusts supported Mr. Taft for tht
presidency every one of them.
TENTH LINK: President Taft appoints Governor Hughes to
the -supreme bench (on recommendations that he has not yet niadt
ELEVENTH LINK: President Taft elevates Justice Whitt
(who wrote the dissenting opinion) to the position of chief justice
over Justice Harlan, who displeased the trusts.
TWELFTH LINK: President Taft appoints other justices.
THIRTEENTH LINK: The supreme court, at the request of
the trusts, renders a decision amending the anti-trust law so as to
limit it to UNREASONABLE restraint, leaving the courts to decide
in each case what is to be regarded as unreasonable. .All of Presi
dent Taft's appointees join in the opinion.
FOURTEENTH LINK: Mr. Perkins says that the supreme
court's decision carried out the promise of the republican platform.
FIFTEENTH LINK: Mr. Taft says that the anti-trust law, as
interpreted by the supreme court, should not now bo amended.
Here is the chain and every link is strong. Can you break it
Mr. President? Why do you not make public the recommendations
upon which you appointed tho justices who have carried out the
promise made to the trusts in the republican platform the promise
foreshadowed by your speech and interpreted by Governor Hughes?
Have you appointed a supreme justice without the indorsement of
the trust magnates?
Give the country a little light. Make public the recommenda
tions written and verbal on which you made your appointments
to the supreme bench the people have a right to know.
"VENERATION" GONE MAD
The Wall Street Journal has "veneration for
tho court" gone mad. James C. McReynolds,
special assistant United States attorney general
in the Tobacco trust case, recently made the
following statement in. the public press com
menting upon the Tobacco trust plan of re
organization: "It's an old story to me. And,
speaking of course only for myself, I regard it
as a plain subterfuge which deserves an ex
peditious commitment to the scrap heap."
Referring to Mr. McReynolds, the Wall Street
Journal says: "In England TMr. McReynolds
would be disbarred for making such a state
ment, besides getting a substantial sentence in
jail. The tobacco plan is before the court, and
Mr. McReynolds has no right to assume that
it is not submitted in good faith until the court
The Journal explains that it expect this of
Mr. McReynolds because he is "an officer of the
court." Well even "an officer of the court"
ought not to wait until the horse is stolen before
ho locks the stable. Maybe tho court can not
see tho subterfuge in the Tobacco trust re
organization. Maybe this broad hint from an
humble "officer of the court" may serve to open
the eyes of the august tribunal.
At all events Mr. McReynolds told the plain
homely truth about the Tobacco trust reorgani
zation and the same may be said of the Stand
ard Oil trust reorganization. All the jails in
America would not suffice to hold the people who
believe that this trust reorganization Is exactly
what Mr. James C. McReynolds called it I
AN UNBROKEN CHAIN
HE IS AFRAID OP THE LIGHT
"VENERATION" GONE MAD
THE TENNESSEE SITUATION
A WORD TO FIRST VOTERS
PRESIDENT TAFT'S IDEAL
CHALLENGE AND COUNTER CHALLENGE
THE ALDRICH CURRENCY PLAN MEANS
A GIGANTIC CURRENCY MONOPOLY
AN OPPORTUNITY FOR PRESIDENT TAFT
THE REVOLUTION IN THE REPUBLICAN
NEWS OF THE WEEK
JOINED TO HIS IDOLS
The following remark made by ft man who
attended one of Mr. Bryan's political meetings
in Nebraska illustrates the prejudice which must
be overcome by those who discuss public ques
tions. Two men had come to the meeting and
ono said to the other: "I never saw Mr. Bryan
or heard him, so I just allowed IH come in to
day, but no matter what he says or how long he
talks he won't change m."
Campaigning would be useless if every one
determined his party affiliations at maturity and
then closed his mind to argument.
HIS HEART IS WRONG
So Mr. Underwood has attacked the initiative
and referendum, has he? Well, that is only
another evidence scarcely needed, however--that
his heart Is wrong. The men who are
praising him give us another line on him. They
would not love him so if his heart was on the
side of the people.
BUT HE IS AFRAID OF THE LIGHT
Under the headline, "Taft's Supremo Court
Record," tho Now York World prints tho follow
"President Taft has already named four of the
full bench of nine members of tho United States
supreme court Lurton of Tennessee, Hughes of
New York, Lamar of Georgia and Van Devanter
of Wyoming and ho has made former Associate
Justice White chief justice. Tho appointment of a
successor to Justice John M. Harlan will therefore
havo given -to President Taft tho appointment of a
majority of tho court.
"This Is a record which has only twice before
been equalled since the time of Washington. Presi
dent Jackson had tho appointment of six Justices,
beginning with McLean of Ohio in 1829, Including;
Chief Justice Taney of Maryland and ending with
Catron of Tennessee early in 1837.
"President Lincoln also had the naming of a
majority of tho court, Including a chief justice.
Chase of Ohio. But Jackson profited from the
changes of full eight years, while Lincoln's rccor
was aided by the- overturnlngs of civil war.
"Jefferson in his eight years had the naming;
of only three justices; and Jefferson, Madison and
Monroe in twenty-four years were unablo to name
Justices numerous and strong enough to overcome
the mighty influence In tho court of the lost
federalist appointment, Chief Justice John MarshalL
Grant In eight years named only four members
of tho court, Including Chief Justice Waite. Presi
dent Cleveland in his eight years also named four.
Including Chief Justice Fuller.
"It is fortunate for tho country that this later
record, since It had to be made, has fallen to a.
president like William H. Taft. His clear apprecia
tion of the power and dignity of this great tribunal
and his understanding of the legal profession as
sure the best appointments within the capacity of
his judgment. No sectional, no religious, no parti
san considerations will weigh with him for a
President Taft What big railroad 0
attorneys and trust attorneys did yo 0
0 consult as to tho fitness of Judge Vaa 0
0 Devanter before you appointed him? 0
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