The commoner. (Lincoln, Neb.) 1901-1923, March 07, 1913, Page 11, Image 11

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The Commoner.
MARCH 7, 1913
11
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progressives in caucus ' subjected
Frank H. Funk, their senatorial can
didate, to mild rebuke for encourag
ing such an alliance, and agreed that
negotiations along this line should
end.
There is no indication pf any
change in the situation when joint
balloting for senators is resumed.
Some of Col. James Hamilton
Lewis' supporters are urging a con
ference of Lewis democrats, and this
program may be carried out. If so,
it is probable that the Lewis men
will be aBked to pledge themselves
to stand by his candidacy to the
finish, refusing to consider any offer
which does not contemplate placing
him in the long-term office.
.Washington News
An Associated Press dispatch
quotes Senator Martin of Virginia
as saying that he will not be a can
didate for re-election as chairman of
the democratic caucus. It is reported
that Senator Kern of Indiana will be
selected as democratic caucus leader
in the senate..
An Associated Press dispatch
under date of February 28 follows:
The Webb liquor bill, prohibiting
the shipment of liquor into "dry"
states, was re-passed In the senate
today over President Taft's veto
within two hours from the timo the
president's message of disapproval
had been laid before that body. A
short debate in which the advocates
of the bill voted down a motion to
postpone action until tomorrow in
which they reaffirmed their belief
that the measure is constitutional,
ended with the repassage of the bill
by the large majority of 68 to 21.
The Webb bill passed both houses
of congress and went to the president
ten days ago. His veto messago
reached the senate about 3 o'clock
today, accompanied by an opinion
from Attorney General Wickersham.
Basing his decision upon the attor
ney general's finding, the president
expressed the belief that tho meas
ure clearly was unconstitutional be
cause it gave the states the right to
mterrere wun interscaie commerce.
The senate took up the bill at
once. Attorney General Wicker
sham's opinion was not read, and
Senator Kern asked that a final
vote on the overriding of the veto be
delayed until tomorrow, so senators
might have the opportunity to exam
ine the attorney general's arguments.
A motion made by Mr. Kern to post
pone the vote until 12 o'clock to
morrow was defeated, 71 to 9.
Senator McCumber declared both the
president and tho attorney general
had misconstrued the grounds upon
which congress had passed the pro
hibition law. Ho said it had not
attempted to give the states the
right to interfere with commerce but
simply had declared liquor an "out
law," and had then prescribed con-
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DESK B, COMMONER OFFICE
, UhcoIb, Neb.
ditlons under which it might enter
interstate commorco. Senator Ken
yon also briofly urged passago of tho
bill, while Senators Payntor and
Percy supported President Taft's
veto.
Efforts will be mado tomorrow to
override tho veto in tho house of
representatives. Representative Clay
ton of Alabama will move to take
up tho veto for tho purpose of pass
ing tho bill over tho president's
head as soon as tho house convenes.
Representative Webb, author of the
bill, declared he had absolute con
fidence that tho house would repass
the bill by more than a two-thirds
majority.
The senate vote follows:
To override the president's veto:
Senators Ashurst, Borah, Brady,
BHstow, Brown, Burnham, Burton,
Chamberlain, Chilton, Clapp, Clark
(Ark.), Crawford, Culberson, Cul
lom, Cummins, Curtis, Dillingham,
Dixon, Fall, Fletcher, Gallingor,
Gamble, Gardner, Goro, Gronna,
JackBon, Johnson, Johnstone, Jones,
Cavanaugh, Kenyon, Kern, Lea,
Lodge, :.IcCumber, Martin, Myers,
Nelson, Newlands, Oliver, Ovorman,
Owen, Page, Plttman, Poindextor,
Shoppard, Shiveley, Simmons, Smith
(Ariz.), Smith (Ga.), Smith (Md.),
Smith (Mich.), (Smith (S. C),
Smoot, Swanson, Thomas, Thornton,
Tillman, Towhsend, Webb, Williams,
Works Total, 63.
To sustain the president: Brad
ley, Brandegee, Carton, Crane, Du
pont, Foster, Guggenheim, McLean,
Martlne, O'Gorman, Payntor, Pen
rose, Percy, Perkins, Pomerene,
Richardson, Root, Stephenson,
Sutherland, Warren, Wetmoro
Total, 21.
"After giving this proposed enact
ment full consideration," wrote tho
president, in his veto message, "T
believe it to be a violation of the
interstate commerce clause of tho
constitution. It is stated that this
Is a question with which the execu
tive or members of congress should
not burden themselves to consider or
decide. It is said that it should bo
left to the supreme court to say
whether this proposed act violates
the constitution. I. dissent Immedi
ately from this position. The oath
which the chiaf executive takes, and
which each member of congress
takes, does not bind him any less
sacredjy to observe tho constitution
than the oath which tho justices of
the supreme court take. Tt is ques
tionable whether the doubtful consti
tutionality of a bill ought not to fur
nish a' greater reason for voting
against the bill or vetoing it than for
the court to hold it to be invalid
"The custom of legislators and
executives having any legislative
function to remit to tho courts entire
and ultimate responsibility as to tho
constitutionality of tho measure
they take part in passing Is an abuse
which tends to put tho court con
stantly in opposition to the legisla
ture and the executive and indeed to
the popular supporters of the union's
constitutional laws. If the legis
lators and executives had attempted
to do their duty this burden of
popular disapproval would have been
lifted from the courts, or at least
considerably lessened.
"For then reasons, and in spite
of the popular approval of this bill,
I have not felt Justified In sign
ing it."
The president cited several de
cisions of tho supreme court which
he declared strengthened his views.
He sent to congress also the opinion
of Attorney General Wickersham,
which coincided with his.
oador Wilson, who roported Madoro
shot while leading a rebel forco In
tho northern statos. This brings tho
death list of Maderos in tho rccont
Mexican troubles up to three.
The United Statos supremo court
has uphold tho whito slave law:
Tho Iioubo of representatives
passed tho workman's compensation
bill by a voto of 218 to 71.
Tho Washington (D. C.) Herald
says: Tho "rulo of reason," Invoked
by tho United Statc3 supremo court
In anti-trust caso decisions, was
attacked in tho roport of the senato
committee on interstate coramerco of
its long Investigation of tho anti
trust question.
Demand Is mado by the committee
for amendments to tho Sherman
anti-trust law, which will romovo
from tho courts tho power to determ
ine what aro "reasonable" restraints
of trade. Tho dangers of "uncon
trollable and'unguided judicial dis
cretion" aro pointed out in connec
tion with this demand.
it Is recommended that now laws,
supplementary to tho Sherman law,
bo enacted to deflno exactly what
combinations aro unlawful, so that
both tho business Interests and tho
courts will have a standard on which
to proceed. A federal Interstato
corporation commission Is urged
with powor to supervlso corpora
tions, pass on and approvo combi
nations and agreements, and take
over tho work of dissolving such
corporations as tho Standard Oil or
the American Tobacco company.
An Associated Press dispatch fol
lows: Official announcement of the
killing of Bmilio Madero, brother of
the former president of Mexico, re
ported several times recently, was
contained in a dispatch from Ambas-'
Tho committee also recommends
that the proposed law definitely de
clare unlawful certain doflnito forms
of combination, agreements, con
tracts, or pools now held to be
within tho "twilight zone."
An Associated Press dispatch
under date of March 3d, says: Five
thousand women marching in tho
woman suffragist parade today prac
tically fought their way foot by foot
up Pennsylvania avenuo through a
surging mob that completely defied
tho Washington police, swamped tho
marchers and broke their procession
into little companies. The women,
trudging stoutly along under great
difficulties, were ablo to complete
their march only when troops of cav
alry from Fort Mycr were rushed
into Washington to take charge of
Pennsylvania avenue. No inaugura
tion has over produced such scenes,
which in many instances amounted
to nothing less than riots.
Former Postmaster Camp, of Bce
beo. Ark., testified before the senate
campaign committee that ho had
been compelled to Tesign as post
master because he would not con
tribute to tho republican campaign
fund.
An Associated Press dispatch says:
A carefully drawn system of compen
sation for Panama canal employes is
embodied in an executive order pro
mulgated by President Taft to take
effect after March 1. Tho Panama
canal act, passed last August,
directed tho president to provide the
method for adjusting the claims of
employes. Every canal employo and
family dependent upon him are in
sured against the result of injuries
received In tho course of his work,
without reference to questions of
contributory negligence or any of thp
other restrictive rules of the coming
law limiting the liability of tho em
ployer in such cases. Every injury
received while at work and death
resulting from such injury are com
pensated for except Injuries caused
by tho employe's willful intention or
his intoxication. This order was
(Continued on Page 12.)
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