The commoner. (Lincoln, Neb.) 1901-1923, October 27, 1911, Page 2, Image 2

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moment, as was shown whon this ropubllcan presi
dent mado a southerner and ex-confederate, a
Roman Catholic and domocrat, chlof justice of tho
United States."
Can anyone imagine that any of Mr. Taft's
predecessors would bo afraid to make public
tho written and verbal recommendations upon
which tho appointments to tho supreme court
wero mado? "No sectional, no religious, no parti
san considerations will weigh with Mr. Taft for
a moment," but it happens that evory one of
his associate justices lino up with his new chief
Justice in reversing the twenty year attitude of
tho United States supremo court. They unite in
making that chlof justice's minority opinion tho
court's opinion and registering a decree which
George W. Perkins has called tho only vestige of
an attempt In behalf of tho republican party to
redeem tho party's platform pledge that tho
Sherman anti-trust law would be amended.
No wonder Mr. Taft is afraid of the light!
The Omaha Bee takes a paper to task for say
ing that personality counts more in a national
campaign than the platform. The Bee refers
to tho campaign of 1896 as an illustration
mentions tho crowds and charges tho defeat of
the party to tho platform. It intends to compli
ment Mr. Bryan at the expense of tho politics
for which he stood. The Bee is mistaken, how
ever, In overlooking tho most potent factor in
that defeat, namely the power of money. The
republican party collected from favor-seeking
corporations and spent in that campaign more
than that party had spent In all its former cam
paigns combined. Evory man who would sell
his vote was bought, but oven this would not
have been sufficient. It was supplemented by
coercion practiced by money loaners on borrow
ers, by bankers on merchants and manufactur
ers and by employers on employes. It required
all of these aids to save the republican party
from defeat and than it barely escaped. Twenty
thousands votes changed from one side to tho
other in the close Btates would have changed
tho results. Let us keep the record straight.
The party was not defeated in 1896 because
of its platform that platform is being vindi
cated by time and is being indorsed by republl-.
cans today, but even then it would havo been
indorsed had the people been free to vote as
they shouted.
"It would be practically impossible to convict
ft trust magnate in a criminal court," asserts
William J. Bryan in The Commoner. Taking
up President Taft's challenge relating to the
supreme court's recent decision relative to the
trusts, which Bryan characterizes as a "bluff,"
Bryan answers and challenges the president to
give facts regarding the appointment of the
supreme court justices. In view of the fact
that all President Taft's appointments to the
Bupreme court took the trust side of the ques
tion it is not at all likely that the president will
reveal the influences that caused him to make
tho appointments. Taft has so far shown that
he is true to the powers that made him, and
-will continue to be. Taft does not trust tho
Eeople. This explains his tactics since he began
is western trip. He has a hard roa'd to travel
In making apologies for his mistakes, and has no
time to answer Mr. Bryan. Los Angeles Democrat.
The Commoner.
In his speech at Pocatello, Idaho, President
Taft is reported to havo said: "I love judges
and I love courts. They are my ideals on earth
that typify what we shall meet afterward in
heaven under a just God."
Because the recall can not be used on the
Almighty he seems to think that the recall ought
not to he applied to men on the bench, but he
forgets that judges are not CREATORS but
CREATURES. They aTe chosen by tho people
through elections or by officials' through ap
pointment. If they are appointed by officials
the people should know upon whose recommen
dation. Who asked President Taft to appoint Chief
Justice White, Justice Hughes and tho other
justices who took the trust side of the trust
They say the initiative, referendum and
recall are not as popular in tho east as in the
west. Are the people not so well informed on
the issues? Or have the people less confidence
In themselves?
Young men, life is before you. Two
voices are calling you one coming from
tho swamps of selfishness and force,
where success means death; and the
other from the hilltops of justice and
progress, where even failure brings
glory. Two lights are seen in ,your
horizon one the fast fading marsh light
of power, and the other the slowly
rising sun of human brotherhood. Two
ways lie open for you one leading to an
over lower and lower plain, where are
heard cries of despair and the curses
of the poor, where nianhood shrivels and
possession rots down tho possessor; and
the other leading off to the highlands of
. the morning, where are heard the glad
shouts of humanity and where honest
effort is rewarded with immortality.
, Speaking of the Tobacco trust's plan of dissolu
tion, Attorney General' Wickersham Bays: "I am
surprised that tho business men of this country
havo not taken more advantage of that section
of the law which permits the collection of three
fold damages when they have been injured
by a trust. That section is a powerful lever, and
if the smaller business men would resort to it
more the big fellows who are organized illegally
would have more respect for the law."
Commenting upon Mr. Wickersham's state
ment, the New York World makes this. palpable
hit: "On the other hand, the country can not
understand why the administration does not
take more advantage of that section of the
law which makes it possible to send to jail
individuals guilty of violating the anti-trust
act. This section is also 'a powerful lever,' and
if the. administration would resort to it 'the big
fellows' who are "organized illegally would have
more respect for the law. How long in cases of
combinations .such as have recently been ad-
judged illegal will 'the men really responsible
for their unlawful acts and methods be per
mitted to escape criminal prosecution?"
The New York World pays the late John M.
Harlan a tribute and then takes occasion to use
his honorable career as an argument against the
recall of judges. The World says:
"For thirty-four years Justice Harlan made his
tory a3 a member of tho greatest judicial tribunal
known to civilization. H1b record Is one that no
historian would ever feel called upon to explain
or apologize for. It has always explained itself.
But as ho passes from tho scene the Institutions
that produced him are afflicted with a curious
propaganda and bedevilled by an amazing mania.
Wo are asked to believe that a system which
puts a John Marshall Harlan upon tho bench is
wrong, and that schemes should be devised by
Which federal judges could bo elected by popular
vote in the heat of partisan campaigns. We are
asked also to believe that other schemes should be
devised by which such judges should no longer
servo for life or during good behavior, but should
bo recalled by a minority of tho voters whenever
they happen to run counter to popular passion and
prejudice in tho administration of Justice.
"We know of no better answer to this reckless
agitation than the career of Justice Harlan him
self. A judicial Bystem that produces John Mar
shall Harlans is its own defense and its own
The World is straining a point pretty badly.
Surely its readers will not forget that when it
came to trust decisions there was among the
nine members of the court only one John M.
And the illustrious career of this grand old
man may not be used as a certificate of character
to the undeserving.
tng to the supreme bench the most ardent and
active of partisan republicans, no jurist's opin
ions havo been more inline with the conserva
tive arid orthodox intentions of the original
framers and interpreters of the constitution
and more opposed to the reactionary construc
tions of latter-day opportunism. He was to tho
ond an old-lino whig.
There was, never a doughtier spirit incased In
an exterior so unconventional and amiable. In
his person and conduct of life he was a demo
crat of democrats. With the patrician race of
Virginia lawyers from whom ho was sprung of
whom it used to bo said that "they lived high,
worked hard and died poor"-Justico Harlan
had no concealments and few reserves. The
purest and most affectionate of husbands and
fathers, he was among public men the least pre
tentious. Appreciation of all things clean and
good and genial was strong within him. He
became a. great, a very .great, member of the
court, and Kentucky, as well as history, will
enroll him among' the foremost of her sons.
Louisville (Ky.) Courier-Journal.
Tho career of John Marshall Harlan conveys
many lessons to aspiring youth. Ho was a
typical, though what Is called a well-born Ameri
can. A Kentucky whig, it was in tho nature of
the case when the sectional 'agitation culminated
in a war of secession, that he should be a
unionist; but so staunch was his constitutional
teaching and his patriotic ideals, that he re
signed his commission, whilst not abating his
loyalty, rather than continue his support of what
he regarded as an unconstitutional usurpation
of power.
With his antecedepts and obduracies of con
viction and prejudice, he could never havo
trained with tho democrats. And yet, ascend-
Mr. Bryan has received several letters from
Tennessee of which the following are sample
. "You are familiar with the democratic situa
tion in Tennessee, and therefore realize the
importance of the two factions being united.
The rank and file of both factions are anxious
for harmony in order that Tennessee may keep
step with the victorious march of democracy
in her sister states, and I am convinced that
the two factions will unite in some way in hav
ing a direct state primary for the expression
of presidential preference, for the election of
delegates to the national democratic conven
tion, and. a new state executive committee, and
the nomination of presidential electors, all
candidates for state offices, and a United States
senator; and it will be of the utmost importance
in Tennessee to have every democrat in the
state participate in this primary. I write to
ask you, if such a' primary is called, and Is
managed by equal representation of the two
factions, such representatives being chosen by
each faction irrespective of whether, the two
committees select these representatives pro
vided the representation in holding the primary
is bona fide, will you not consent to come into
the state sometime prior to the holding of the
primary, and make at least six speeches, urging
all democrats to participate in the primary?
You would, of course, be expected to speak in
behalf of the primary principle and the success
of the democratic party, urging all voters to go
into the primary. In all probability the primary
will be held the second week in April, and we
would like to have you in ,fhe state during the
latter part of March. Your promise to make
such speeches in the state would be a most
powerful factor at this time in bringing about
the much to be desired harmony."
To these letters Mr. Bryan sent the following
reply: "Of course I shall come to Tennessee
whenever I can be of any service to the democ
racy there, and I do not know of any more
valuable service that I can render than to help
the democrats of Tennessee to get together, and
a primary Is the only way."
The democrats of Tennessee should get to
gether. It is not worth while to discuss the
past or to try to locate the blame. Burke once
said that it was impossible to write an indict
ment against a nation so it is impossible to
write an indictment against a faction when that
faction is as large as each faction is in Ten
nessee. They had their fight, and it is over;
now let the democrats of Tennessee drop their
quarrels and unite for the national campaign
of .1912. We have a senator, to elect from
Tennessee. He should be a democrat. The
state officers should be democrats, Tennessee is
a democratic state. The primary is the place
to settle differences and to try strength. Let
the two factions agree Upon tules that will in
sure a fair primary, and then let the majority
rule. That is democracy.
All the democratic states around Tennessee
have primaries, why not Tennessee? It would
be an insult to the intelligence of the demo
crats of that state to deny that they are able to
select their candidates hy direct vote.
Of course Mr, Bryan will urge all democrats
to attend the primary. He favors primaries
everywhere. He owes' a great deal to the loyal
democrats of Tennessee, and he will be glad to
pay a part of the debt by helping the democrats
of that state to get together. We need their
united strength in the coming campaign.
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