," '"mffm- W?y '" -'Si. 4 r IP ? 'fir a The Commoner. ISSUED WEEKLY JSnlprrd al fhp Posiomce at Lincoln, Nebraska, n )iecondcla8R mailer. W'jU.tAM .7. UnYAH hilllnr unit Pruprlotor JUchari Im MiTrAt.rr. AoclnleKilltor CltAKIl V. JlMYAX ,. , I'nlillnlicr I'tlltm-lnl Hoomn Mid Uti-inow Ofllcc U 350 South 12tli Micet One Ycnr $1.00 Nix MoiiUin r.o In Club of FIvo or more, per yenr. . .75 Throe 3In(li.s .-" Single Copy 05 Sample Copies Free. Foreign Post. Gc Extra. St'HSriUI'TlOXS can be sent direct to The Com moner. They enn also bu sent through newspapers which liuve udvertlsud a clubbing rate, or through local agents, where sub-agents have been ap pointed. All remittances should bo sent by post ollleo money order, express order, or by bank draft on New York or Chicago. Do not send Individual checks, stamps or money. itKM'.WAliS Tho dato on your wrapper shows tho time lo which your subscription Is paid. Thus 1012. Two weeks are required after money has eclved to and Including tho last Issue of January, January 21, '12 means that payment ban been re been received beforo tho dato on wrapper can bo changed. CIIAKGH OF A DDltl'LSS Subscribers requesting a change of address must glvo old as well as new address. ADVioitTiSixc Rates will bo furnished upon application. Address all communications to THE COMMONER, Lincoln, Neb. years. Tho public does not desiro to do injus tice to thoso connected with corporations. On the contrary, you will find that tho public is much more likely to he generous in dealing with what wo call the property rights of corpora lions than corporation managers are to do jus tice to tho public. TRUSTS In regulating mercantile and industrial cor porations you will have little trouble except with tho large ones. By far the greater number or these corporations will do business on a scale so small that competition will prevent any ex tortion in prico or unfairness in method. It is only when a corporation begins to enjoy a monopoly that it becomes a menace. You should therefore, prescribe such constitutional limitations as will insure competition Thero is no middlo ground between competi tion and government ownership. A private monopoly is indefensible and intolerable A private monopoly is naturally as prone to injure tho public as a ferocious animal is to seek its prey. Pr vato monopolies can not be success- Tly r'f1' TIIE7 MUST BE PROHIBITED. Iho g st of monopoly is in tho percentage) of control not in the size of tho corporation A corporation with a capital stock of $10 000,000 may control ono business absolutely, while in another business a corporation of $100 000 000 nay not bo able to suspend the law of COmPe?i tion. If a corporation controls, say, live nor con of tho thing in which it deals it can Sot SSloh,h0il,il0r,pPlce.op thG conSions unSei which tho business s done Tf nn n7 hand It controls nlnotfl per cen ot the S? !1S,,,T' con,le"" Is stinoo I and those therefore, between nTenp,centAan(nXet,v0 Dor cent tho control becomes efIoenvntLn,yo strlctlon ol trade Thte "Srinf rtSSd bo S V "S ,no?rly ns lmman wisdom can nicer tain it, and should bo tho limit of crown? , mlttcd. IN CASE OF DOUBT TTO mS osSl en to TEW "aT? n " Jjowor coptVacoSrro, ZnT'b'f Z terestwad not private advancta end PROTECTING DEPOSITORS tioI0mS"rbanlcs1,?oU,?nsroh0trZf 1?Bl8l!l tors against possible ll IW" S3i bo p?rmTtodCtltyo Sift6 tb,at th0 SKkL system "thSlves but Uel iettTJf t0 th ernmont should COMPEL t&e lUME system and to operate it with SATISFACTION TO THE PUBLIC. That banks are not secure is proven by the fact that every sub-division of the government requires specific security from the banks before depositing public funds, and, if I were not afraid of using languago unparlia mentary, I would say that it is cowardly upon the part of the government to protect itself and then leave the average depositor unpro tected. While I believe in the system of insurance which makes all banks liable for the failure of each individual bank, still, I am willing to yield that point if tho banks will find some other system that gives absolute security, but when the banker tells me that it is not right that a good bank should be made to pay the debts of a bad bank, I reply that the banker has no hesi tation whatever in making a farmer sell his farm to pay the debt of a neighbor for whose indebtedness he has gone security, one who has received no benefit whatever from the loan; and the banker who refuses a loan to a farmer until tho farmer gets some other farmer to go his security ought not to be surprised when the farmer, in return, tells him that before he loans his money to the bank the banker ought to get other bankers to go his security. EDUCATION Tour constitution will deal with the matter of public instruction, and interest in this sub ject is so widespread that you will of course pro vide for universal education. In a republic where the authority rests upon the will of the people, popular intelligence is essential to good government, and the state, in self-defense, must reduce to a minimum the area of ignorance and illiteracy. While the presumption can usually be given to the parent in matters connected with tho training of a child, still this presumption is not conclusive and may be rebutted by facts. It can generally be assumed that a parent will guard the physical welfare of a child and yet wo would not hesitate to punish the father or mother who would deliberately cut off a boy's arm and send him out, thus disabled, to meet the competition of his fellows. No more should a parent be permitted to disable a child intel lectually by depriving him of the education necessary for successful competition with those among whom he labors. To condemn a child to ignorance in a land of intelligence is even more cruel than to maim him. The tendency of the times is to bring educa tion closer to the people and it would be a re flection upon this body to doubt that it will thoroughly investigate methods and equip the educational department of the government with every modern means devised for extending the benefits of education to all, and for the raising of tho standard. b Tf, in any section of the state or community S, a Parente who really need the money which their children could earn during the period when the child should be in school the community can well afford to temporari ? supply such parental need rather thaShavo burden of the family support thrown upon t e children to the injury of society in gene?ai as veil as to the impairment of the child? ai)iH ties, for an injustice done a child flows on through succeeding generations. While you provide for free education so tw thero wi 11 be a school door open to every chfld you, I doubt not, will find it consistent uriVh your own views, as well as advantageous to thl COURTS thatrT6lturcrs,de;rnrOtot0thSeUSgC3t states the judKes are fiW'i n most of thQ a definite term! iS loSe ?2y PPUlar Vote for lature and, I believe in ilu y tho logis during good be avTor Our SI tinted appointed for life I i am of fal J.u?BeB arG popular election is mow fw, lLth oninin that institutions and s Se Uten? ?nanc,0 ith our shall approach as confld7n?f ?rdwnich WQ popular EovernmU0?ncreaSes 8tabmty f yaS'othfAeTn1! SSSf ser he should be made liffj? oYaTJg ' - VOLUME 12, NUMBER U public opinion upon questions fundamental i character. The distrust of tho people m,ni fested in tho disposition of some to deprive them of the right to select tho judiciary, i3 iinfounde? Unless the sense of justice inherent in (he neonl can be trusted in such mattors we n.ny weii fS! for popular government; but that sen.-e of iuqSI CAN be relied upon; THE PEOPLE ARE MrrS MORE APT TO DEAL JUSTLY WITH judges Tit AN TJ.1.UJX AJXlii 1U JXUiUUiiVi'J .M STICE AT mTT-ra tt i xmo --rn TTTTn-nn wn, . ... L XL 111 XU.iYiN.UD JV JUJJVjJliD UI1U DISTRRT THE INTELLIGENCE AND THE GOOD LNTFVr OF THE MASSES. u GOVERNMENT BY INJUNCTION The jurisdiction of the various courts is a matter entirely in your hands and in conferrln" sufficient authority to insure the enforcement of law and .the preservation of order, you should be careful that oven the judiciary shall not encroach upon the rights of litiganK What Is known as "government by injunction' a sjstcra under which the judge combines in Mmsolf the duty of legislator, prosecutor and judge is obnoxious to our institutions and to the idea of justice that prevails among .us. While tho court must have power to onforce respect and to fine for CONTEMPT COMMITTED IN HIS PREC ENCE, he should not be permitted to deprive the accused of a trial jury when tho alleged contempt is committed beyond the products o the court room and WHEN GUILT MUST BE ESTABLISHED BY WITNESSES, as in ordinary criminal prosecutions. In such cases the right of trial by jury should not be denied. SIMPLIFYING COURT PROCEDURE You are invited to consider, also, whether the processes of the court may not be simplified and whether restriction may not be imposed that will prevent the setting aside of verdicts and judgments upon technicalities which do not go to the merits of the case. Tlie administration of justice becomes farcical when errors, trivial in character and effect, are allowed to prolong cases and wear out 'litigants-. And, I may add, in those days when all intelli gent men read the newspapers, knowledge of the details of a case, gained from a newspaper, should not excusesono 'from jury service if lie is a man of good character and fair-minded. MAJORITY VERDICTS Thero is a growing tendency to substitute a majority verdict in civil cases for the unanimous verdict now generally required. While, in a crimmal case, a divided jury raises a doubt, tho benefit of which should be given the accused, no such situation is created by a division in a civil case. Here, the plaintiff is only required to establish his claim by a preponderance of tho testimony and too large an advantage is given to the defendant if a unanimous verdict is re quired. While, in ordinary cases, this require ment does not often prevent a prompt settle ment of the dispute, experience has shown that in suits against influential corporations the hung-jury is frequently relied upon to force a settlement. I submit to your consideration the wisdom of permitting a verdict in such cases by a majority, two-thirds or three-fourths vote of tho jury. - ON CONSTITUTIONAL QUESTIONS Some advocate a constitutional provision limiting the power of tho court to declare a law unconstitutional to cases in which ALL tho judges concur in the opinion. I am persuaded that tho law-makers are entitled to this pre sumption. LABOR In dealing with matters affecting labor, you can hardly avoid the conclusion that the govern ment has erred on the side of tardiness in re sponding to the demands made by the wage earners for the amelioration of the conditions under which they work. Tho fellow servant law, for Instance, has far outgrown the condi tions that originally justified It, if any conditions could justify it, and there ought to be no delay in safeguarding tho right of an employe to coin n?S ion for In:iury due to the negligence of another employe over whose movements he has no control. The constitution should also leave tne amount of recovery, in qaso of death or in jury, to bo determined by tho circumstances of tno case. It iB a one-sided law that puts tho maximum price upon a human life and then leaves the minimum to ho reduced to nothing. niim constitution should authorize employers iioi . and emPloyes' compensation laws and make tho authority so specific that such laws can not be declared unconstitutional. in "J0 matter of hours, tho legislature should ! auJhorized to prescribe what shall bo re- earded as a working day and the conditions P JWt ( Mt