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About The Conservative (Nebraska City, Neb.) 1898-1902 | View Entire Issue (May 24, 1900)
2 'Cbe Conservative * The supreme CONTUMl'T. , , _ T\ . court of Nebraska proposes to maintain its dignity by pro ceeding against certain litigants and others for contempt. A wholesome regard for courts and their functions is always evolved from the justice and learning with which they determine questions and render de cisions. The opinions of a supreme court , which are most quoted by lawyers and judges in other states , seldom bring those who utter them into contempt at home or elsewhere. THOMAS F. BAYAKI. ton February 28 , 1897 , by that illustrious statesman and patriotic citizen , Thomas F. Bayard , but a few months before his death , with tender concern for his country and touching affection for his party , he thus refers to the chaos of the political world : " "What wonder , therefore , that the men and the party that have so led us into the morass of false finance , have led us from the firm ground of carefully and equitably distributed political pow ers into the very jaws of a centralized corruption , should now cry out in warn ing against their own work , and de nounce their victims as being worse than accomplices. ' 'But such things lead to power and that accounts for every tergiversation , however - over shameless and impudent.but to think of the poor , old , honest , blind giant , the national democracy , forsaking every principle of constitutional liberty which , through storm and sunshine , kept their organization in existence , and now see them folding to their bosoms the mer cenary strumpets of centralization and crying aloud for the prostitution of the powers of taxation for the profit of in dividual and class interests and welding the power of regulating the currency into a single club that is to pass from hand to hand of successive majorities of congresses. " Sad , indeed , it was to think of de mocracy being blindly led , in 1896 , to for- sake those " "priu- . Anslntaiit PnpulistK. ciples of constitu tional liberty" that had been its Gibraltar , but how much more humilia ting is the plight of democracy in 1900. As if it were not enough to abandon , for a time , the principles of Jefferson , democracy , it seems , must now play the part of an assistant political organiza tion , to promote populistic theories , to endorse and assist to elect as president and vice-president , positions once filled by Jefferson , men nominated by this m populist party , that is without principles , that has only vagaries , that is without definite political purpose , that worships only at the shrine of expediency. As if it wore not enough to acquiesce in the ribald jests of populism , de mocracy must now endorse , for vice- president , one who has always extolled that which Jefferson most denounced ; who , while in Congress , by his vote and voice , sought to perpetuate the iniquity of protection ; who has been untiring in his efforts "to prostitute the powers of taxation for the profit of individual and class interests" ; who has not only done this but , without apology , proudly proclaims it ; who snys he is a "silver republican" and differs only from other republicans in that he goes a step farther and , in the language of the noble Bayard , believes not only in the "prostitution of the powers of taxation" but would in addition "prostitute the power" of regu lating the currency "for the profit of in dividual and class interests. " This is the present plight of democ racy. This is the unhappy prospect , , confronting the ° Judge TII Icy. party on July 4th. After contemplating this sorrowful pic ture it is really refreshing to turn to something that has in it the ring of true democracy and that has upon it the stamp of reason. Judge Tuley of Chicago , who has been urged to accept the democratic nomination for governor of Illinois , when interviewed in regard to the political situation , said : "Of course a good deal depends on the action of the democratic national con vention July 4. Thomas Jefferson once said that the most sensitive pulse must be what might be called the pecuniary pulse. The democratic party must drop 10 to 1 if it has any hopes of success. Mr. Bryan may be elected if that is done , but if any other man than Mr. Bryan with that plank eliminated should be nominated I am firmly persuaded the democrats would sweep the country. " In the above paragraph is tersely and patriotically suggested the one and only way of democratic success. 10 to 1 must be dropped. A candidate ' 'other than Bryan" would "sweep the coun try. " Words so freighted with rational meaning , from ono so eminent in party councils , so distinguished as a citizen and jurist , throw out a ray of hope for the convention at Kansas City. TheUnited States BKOKHAK GOVERNOR , supreme court has decided in favor of J. O. W. Beckhaui , the democrat , in the Kentucky governorship case and con firmed the decision of the Kentucky court of appeals. The court held that the state legis lature , according to the constitution of Kentucky , had exclusive jurisdiction in determining contests. The following is a part of the opinion of Chief Justice Fuller : "It is obviously essential to the inde pendence of the states and to their peace and tranquillity and their power to pre scribe the qualifications of their own officers , the tenure of their officers , the manner of their election and the grounds on which the tribunals and the mode in which such elections may be contested should be exclusive and free from ex ternal interference except so far as plainly provided by the constitution of the United States , and whore contro versies over the election of "state officers have reached the state courts in the manner provided and have been de termined in accordance with state constitutions and laws , the cases must necessarily be rare in which the inter ference of this court can bo properly invoked. "For more than 100 years the consti tution of Kentucky has provided that contested elections for governor and lieutenant governor shall bo determined by the general assembly ; in 1799 by a committee 'to be selected from both houses of the general assembly and framed and regulated in such manner as shall bo directed by law ; ' since 1850 'by both houses of the general assembly , according to such regulations as may bo established by law. ' "The highest court of the state has often held , and in the present case has again declared , that , under their consti tutional provisions , the power of the general assembly to determine the result is exclusive , and that its decision is not open to judicial review. "The statute enacted for the purpose of carrying the provision of the consti tution into effect has been in existence in substance since 1799 and many of the states have similar constitutional pro visions and similar statutes. "We do not understand this statute to be objected to in any manner obnoxious to constitutional objection , but that plaintiff in error complains of the action of the general assembly under the statute under the judgment of the state courts declining to disturb that action. " Elsewhere in this paper is published a communication from Mr. E. P. Bacon. Ho takes issue with THE CONSERVATIVE in the state ment that the Onllom bill "would give to the interstate commerce commission the unrestricted power of making rates. " In support of hit position , Mr. Bacon quotes Section 15 of .the law which reads : "It shall have power : ( a ) to fix a maximum rate covering the entire cost of the service ; ( b ) to fix both a maximum and minimum rate or differential in rates when they may be necessary to prevent discrimination. " This clause verifies rather than re futes the statement of THE CONSERVA TIVE. It gives to the commission the power to fix a maximum rate , a mini mum rate or differential in rates. It not only gives the power but makes the commission the sole judge as to the ex pediency of its exercise. What power , then , is left to the railroads so far aa rate-making is concerned ? The pro posed amendment would leave to the