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volume XII.
ATLANTA, GA.. FRIDAY, JUNE 27, 1913.
NO. 79.
LEGISLATIVE PROBE
OF ALLEGED LIQUOR
LOBBY IS PROPOSED
Senator Hixon Declares if Ru
mors Are True Legislature
Should Force Whisky Lob
byists Into Open
It became known Thursday morning
that the prohibition leaders in the gen
eral assembly are seriously consider
ing the advisability of introducing res
olutions providing for the appointment
of a joint committee from the house
and senate to investigate persistent
rumors that a well-organized and pow
erful liquor and beer lobby was at
work- among the legislators.
■ It also developed that the prohibi
tionists would bend their energies at
this session to driving the liquor lob
byists out into the open and toward
having a law 7 enacted which will make
a direct application to Georgia of the
national law known as the Webb bill.
Such a law. if passed, will prohibit
the shipment of liquors and malt bev
erages into .the state except in very
limited quantities and to individuals
who desire them for personal # use. A
bill of this kind w 7 as introduced in the
senate Thursday mornfhg by Senator
John T. Hixon. of the Thirty-seventh
district, who has been selected by the
Anti-Saloon League of Georgia to lead
the fight in the senate for more strin
gent anti-liquor legislation.
SAYS LOBBY IS HERE.
Discussing "the alleged presence of a
numerous and insistent liquor lobby,
Senator Hixon said:
“I have heard from various sources
that men representing the whiskey
and beer interests have established
headquarters in one of the hotels of
the city and are actively organizing a
fight against the proposed prohibition
measure.
"I am further informed that these
men are unusually bold this year, and
that the purpose, if they receive the
slightest encouragement in their ef
forts to throttle the bill applying the
Webb law 7 to Georgia, to' have intro
duced and seek to enact a law which
will permit the sale of liquor in
origins 1 oackages in the larger coun-
$3jis of the state.
"If the liquor and beer forces wish
to lobby for or against any bills, they
should comply with the anti-lobbying
law. which requires every lobbyist to
register with the secretary of state
and indicate by whom and for what he
is employed and also whether he re
ceives compensation for his services.
"There is a legal and an illegal way
-to lobby and the liquor . advocates
should not be permitted to disgrace the
state and reflect upon the integrity
of' its lawmakers by gum-shoeing
.around the hotel lobbies and capitol
corridors.
WANTS INVESTIGATION.
“If ah inquiry reveals that persistent
reports are true and that the pa4d
Yiquor lobbyists have assembled their
forces in Atlanta to use sinister meth
ods in influencing legislation then there
will doubtless be an investigation by a
committee of the’legislature which will
result in driving these lobbyists out
into the open. Such an investigation
would throw the spotlight on all dark
corners.”
It was reported Thursday that the
liquor and beer forces, which have
operated separately since the enactment
of the prohibition law in 1907. have
about adjusted their differences and
they will probably be united in their
opposition to further prohibition leg
islation.
During the past few days several
conferences have, it is said, occurred
between the liquor and beer represen
tatives with the result that a working
agreement is said to have been per
fected.
The prohibition fight wil be led in
the senate this year by Senator Hixon,
of the Thirty-seventh district .and Sen
ator W. E. H. Searcy, Sr., of the Twen
ty-sixth district. Over in the house
the leaders^ will be Representative J. E.
Sheppard, of Sumter: Representative H.
J Fullbright. of Burke, and Represen
tative H. W. Hopkins, of Thomas.
WHAT BILL PROVIDES.
Briefly the bill introduced in the
senate Thursday by Senator Hixon. and
upon which the temperance forces will
center their attention and strength,
provides that “no malt, spirituous or
vinous liquo*rs can be brought into
Georgia by any common carrier.”
Following .the intent of the Webb law
it will prevent all liquor shipments into
the state of Georgia, notably from
Tennessee and Florida. The Webb law
is intended to confer upon states the
right to legislate in this manner and
not to be in violation of the interstate
commerce laws.
J. P. MEAN'S ESTATE
Estimate by the Comptroller's
Counsel-Inheritance Tax of
$4,000,000 Assessed
(By As^-C’ated Prc«-».)
NEW YORK, June 26.—The whole of
the J. P. Morgan estate has a value of
about $100.000000. according to an un
official report here credited to Thomas
E. Rush, counsel to State Comptroller.
Sohmer, who has been in Europe the
past month examining the books of the
Morgan houses in London ’and Paris, to
determine, the value of the late finan
cier’s holdings. The European assets
he found to approximate $15,000,000.
If the $100,000,000 estimate for the
whole estate'is correct, it is said this
will be the biggest estate to pay an in
heritance tax in America. New York
state will be enriched nearly $4,000,000,
it is estimated, by a tax of four per
cent on a greater part of the estate.
M’REYNOLDS DECLINES TO
COMMENT ON SPEER
GIVE ALL POWER TO FEW
Congressman Hardwick Ex
plains Georgia Delegation's
Opposition to Plan
BY RALPH SMITH.
WASHINGTON, June 26.—An echo of
the overthrow of the Democratic leader
ship in the house caucus yesterday aft
ernoon was heard on the floor this
morning when Congressman Hardwick
explained the opposition to the creation
of a budget committee as proposed by
Leader Underwood.
The Underwood proposal was tabled
in the caucus and the local papers to
day attributed the leader’s defeat to
the desire of certain Democrats to plun
der the treasury through “pork barrel”
appropriation measures.
Most of the Georgia congressmen were
opposed to the creation of a budget
committee, as proposed by the leader,
though they are in entire sympathy with
the plan for curtailing the expenditures
of the government and affecting a more
economical scheme of administration.
The opposition to the creation of a
budget committee sprang not from a
desire for “.pork,” but from objection
to the concentration of power in the
hands of a few elf-selected leaders, ac
cording to Congressman Hardwick.
The creation of a budget committee
was recommended by a special commit
tee of five members and Mr. Hardwick
developed to day that the plan as recom
mended proposed to place four of these
five men on the budget committee, which
was to have great powers.
He pointed out also that the plan if
adopted would have divested individual
members of practically all their rights
in the matter of appropriating the pub
lic money.
The expenditure of a billion dollars
annually would have been left entirely
in the hands of a few men all of whom
now wield an unfair proposition of
power through the chairmanship which
they hold, it would have made Leader
Underwood more powerful than was
Speaker Cannon in his palmiest days and
would have left not only the manage
ment of the house but the affair sof the
entire government in the hands of a
few men with powers far more auto
cratic than those enjoyed by the Can
non rules committee, “In the good old
days.”
Mr. Hardwick declared in favor of a
plan to check the extravagant use of the
public money and he expressed a belief
that the democratic. membership would
agree to the creation of a budget com
mittee, but he insisted that this com
mittee should be not self-selected and
should be responsible- to the entir mem
bership of th house.
He declared that the members of such
a committee should be selected not by
the ways and means committee, but by
the entire membr^hip of th house, and
that the house should be at all 'times
empowered to control the personnel of
the committee’s membership.
The idea of increasing he power of
committee chairmen and bestowing more
authority on the floor leader was, he
thought, contrary to the policy of the
Democratic party, which has ever sought
to democratize the government.
BATTLE IN MEXICO
ENTERS SEVENTH RAY
Governor Pesquiera of Hermo-
sillo. Will Make Aeroplane
Flight Over Federal Lines
(By Associated Press.)
DOUGLAS. Ariz., June 26.—Governor
Pesquiera telegraphed from Hermosillo
to his junta here that he would leave
tne capital today to take an aeroplane
flight with Didier Masson, the French
aviator, over the federal lines at Santa
Rosa and San Leandro.
Pesquiera’s messaeg also stated that
the fighting between the rebel and Oje
da’s army had been resumed, making the
seventh day of fighting.
The money stringency, from which the
constitutionalists' cause in Mexico is
suffering, will be relieved within ten
days by the circulation of a $5,000,000
bank note issue* according to Rpberto
Pesquirea, insurcecto representative in
Washington, who returned today to his
home here.
The issue will be a lien on property
within the sphere of rebel influence.
Pesquiera, on his way home, had a
conference with Carranza, the national
insurgent leader, who estimated there
were 50,000 men under arms against
Huerta.
VANDV WILL ACCEPT
Frank C, Rand, Trustee, Crit
icises Bishops and Declares
Money Will Be Accepted
(By Associated Press.)
ST. LOUIS. June 26.—“The Vanderbilt
University Medical school will accept
Carnegie’s million-dollar endowment, de
spite all statements to the contrary.”
Such was the declaration of Frank C.
Rand, a member of the board of trus
tees of Vanderbilt, who returned to St.
Louis last night from Nashville. Tenn.,
where the board met to act on the steel
magnate’s offer.
“As a matter of fact, the board on
June 16 voted to take the money and
the board of bishops of the Methodist
Episcopal church, south, have nothing
to do with it,” he said. “The Methodist
bishops are not running Vanderbilt uni
versity, though they want to.”
QUARREL OF CHILDREN
ENDS IN MAN’S DEATH
WASHINGTON. June 26.—Attorney
General McReynolds. who was busy to
day in the negotiations for the dissolu
tion of the Union Pacific merger, de
clined to comment on Judge -Emory
Speer's speech attacking the depart
ment of justice until he had opportuni
ty to read the speech closely.
ANNISTON, Ala., June 26.—C. W.
Saunders, an electrician and bicycle
dealer, who was shot last Saturday by
G. H. Bailey, furniture dealer and asso
ciate of Coroner Murphy, died at Sell
ers hospital here today. Bailey has
in
been
;Jail ever since the shooting,
which grew out of a quarrel ^between
the children of the two men.
Of LOVETT CHARGE
OF FAKE “MEMBERS”
Plans Made for Probing the
Charges That Men Imperso
nating Congressmen Tried
to Bleed Wall St, Financiers
(By Associated Press.)
WASHINGTON, June 26.—Robert S.
Lovett’s charge that men impersonating
members of congress have been making
demands upon Wall street financier^,
has stirred congressional circles. Lovett
made such a charge before the senate
lobby investigating committee last
night, saying that men impersonating
representatives had claimed to be able
to "grease the wheels in Washington”
for the Union Pacific merger dissolu
tion.
While the lobby committee was in re
cess today plans for following the trail
Lovett disclosed were being taken up
by members.
Lewis Cass Ledyard. a New York
attorney, who encouraged such a "con
gressman” over the telephone for two
weeks and discovered that he was not
a congressman, probably will be sum
moned. Lovett told the commission
that Ledyard had strong circumstantial
evidence as to who the man was. It is
probable that Otto Kahn, the banker;
Maxwell Evarts, general counsel for the
Southern Pacific, and other Wall street
men will be .asked to testify.
Lovett's testimony dealt with alleged
efforts to force the railroad to employ
Edwin Lauterbach, a New fork attor
ney, who was claimed to have enough
influence with members of congress to
prevent agitation against the dissolu
tion plan and prevent reopening of the
money trust inquiry.
Hearings of the senate "lobby” com
mittee reopened last night to allow
Robert S. Lovett, of the Union Pacific
railroad, to testify, will be suspended
again until the Democratic senate cau
cus has finished its work on the tariff
bill.
Lauterbach arrived here early today
and arranged with Chairman Overman
to be heard before the senate lobby
committee at 8 o’clock tonight. Lau
terbach declared he was prepared to
deny Lovett’s charges generally, but
would testify that he had talked with
Otto H. Kahn and would explain his
conversation.
WHEAT AND FLOUR AGAIN
BEFORE TARIFF CAUCUS
Opponents of Countervailing
Duty Fight Tariff on Agri
cultural Products
WASHINGTON, June 26.—Opposition
to the recommendation of ‘ the senate
finance committee majority for a coun
tervailing duty on wheat' and flour was
afoot today when the Democratic caucus
resumed work on the tariff bill.
The question was thought to have
been determined finally in the caucus
two days ago, but late yesterday it was
brought up and there now is a senti
ment to abandon the countervailing
duty, leaving wheat and flour on the un
restricted free list with live stock and
meats.
Opponents of the countervailing duty
contend there is no necessity for a pro
tective tariff on any agricultural prod
ucts, if they are to he free-listed. It
is argued that if any free-listed agricul
tural products are to be restricted all
should be.
Schedules remaining today to be pass
ed upon beside agriculture were silk,
liquor, pulp and paper, sundries and
free list.
"Tut, Tut!" Wilson's
Strongest Explosive,
But It's SOME "Tut!"
WASHINGTON, June 26.—President
Wilson has introduced a new form of
denaturized explosive expression into
administration circles. Where former
President Roosevelt relieved his feel
ings by snapping out the ejaculation
“By Godfrey!” President Wilson is said
to seek the same relief in the expres
sion “Tut, Tut!,” but it is said to be
no mollycoddle “Tut, Tut!.” It is en
unciated with emphasis and deep earn
estness of. feeling.
Robert Emmett Taylor, a 14-year-old
caddy at the Washington Country club
told the story today. Incidentally,
Young Taylor thinks Mr. Wilson the
greatest man in the world. He was si
lent, though, on the quality of the presi
dent’s golf form.
“The president struck the ball” said
Robert Emmet, “and it rolled right to
the edge of a hole. I sneaked over
close, for I knew what they usually say
when such a thing happens on the
course. The president looked very
peeved. He opened his lips to say some
thing and I pricked up my ears.
"’Tut, Tut!’ said the president, “that
was all.” ’
10,000 INCHES OF SKIN
NEEDED FOR VICTIMS
300 Volunteers Must Furnish
Cuticle if Sufferers of Hus-
ted Fire Survive
(By Associated Press.)
BUFFALO, N. Y., June 26.—More than
10,000 square inches of skin must be
given for grafting purposes if the death
list of the Husted Elevator explosion
and fire is to be kept from reaching far
more appalling proportions, according to
conservative estimates of physicians
treating the injured.
To meet this demand the services of
300 volunteers will be required. A
public appeal soon will be made.
No more bodies had been recovered
this morning. Debris, piled sixty feet
high, still must be removed.
LOOKS LIKE
a ve*y
nifty
1913 '
LEGISLATORS
IE OF U. S. JUDGE
n
Judge Emory Speer in Address
Before Iowa State Bar As
sociation Declares Such In
vestigations Are Dangerous
o
ANOTHER PROMISING CROP
IT
BEOMES MILAN CONSUL
Justice Gerard Is Transferred
From Madrid to Berlin—Mc-
Millin to Peru
... rt-.-JWiSL. • —;-r
WASHINGTON,- June*””'.—President
Wilson today made the following nomi
nations:
Ministers: Albert G. Schme’demann,
of Wisconsin, to Norway; Benton Me*
Millin, of Tennessee, to Peru.
Consul at Milan, Italy, Nathaniel B.
Stewart, of Georgia.
Secretary of embassy, Rio De Ja
neiro, Brazil, J. Butler Wright, of Wy
oming.
Secretary of legation, Brussels, Fred
Morris Dearing, of Missouri.
Member of the isthmian canal coin*
mission, Richard Lee Metcalf, Lin
coln, Neb.
United States attorney for New
Mexico, Summers Burkhart, of New
Mexico. f
To be* commissioners or the District
of Columbia. Oliver P. Newman, for
merly of Des Moines. Ia.; F. L. Sid-
dons. District of Columbia.
Members of the commission on indus
trial relations—Frank P. Walsh, Kan
sas City, Mo.: John R. Commons, Wis
consin; Mrs. J. Borden Harriman, New
York: Frederick A.; Delano, Chicago;
Harris Weinstock, California; S. Thrus-
ton Ballard, Kentucky; John B. Lennon,
Illinois;, James O’Connell, Washington,
D. C.; Austin B. Garrettson, Iowa.
Commissioner of immigration at San
Juan, P. R.: Lawson E. Evans, Miss
issippi. *
Register of the land office at Harri
son, Ark., Brice B. Hudgins.
Postmaster Paul A. Jones, Coffeyville,
Kans.
An important post, not in the diplo
matic service, is soon to be offered
Augustus Thomas, playwright, accord-
irg to present plans.
There is also talk of Maurice Francis
Egan, minister to Denmark, being trans
ferred to Spain, bu^t no confirmation
was forthcoming today.
The embassy to France is still being
held open for William F. McCombs,
Democratic national 'chairman.
Joseph E. Willard, former lieutenant
governor of Virginia, now is slated for
Madrid. Recently he had been selected
for Belgium.
Joseph E. Willard, former lieutenant
governor of Virginia, now is slated for
Madried. Recently he had been
selected for Belgium. It has not been
decided upon who will take his place on
the list for Brussels.
Justice Gerard sailed from New York
yesterday without knowing he had been
transferred on the president’s list from
Madrid to Berlin. After a short trip
abroad, however, he is expected to re
turn to Washington, before finally tak
ing up residence in Berlin.
Just what occasioned the change has
not bee explained, but it is said to hav’e
been the desire of President Wilson to
fill the most important European posts
at once.
GETTYSBURG FACES BIG
PROBLEM OF FEEDING
Gen, Dan Sickles Will Be Fur
nished Wheeling Chair v
and,Ambulance
(By Associated Pr«M.)
GETTYSBURG, Pa., June 26.—That
Gettysburg has a great task before her
in feeding and housing the thousands
of visitors who will come for the re
union of the "blue” and the "gray” next
wek, is manifest today. Every train
arriving carries hundreds of persons.
Numerous telegrams are being received
by the hotels asking for accommoda
tions.
A message was received today from
General Daniel V; Sickles, saying that
he would arrive on Sunday and asking
that he be furnished an ambulance and
a wheeling chair. The “commond” of
the general, who lost a leg in the great
battle, will be granted.
Residents of Gettysburg are deter
mined to make the action commemorat
ing the fiftieth anniversary of. the great
battle a. success. Scores of private
homes will be thrown, open as temporary
boarding houses.
The annual encampment of the de
partment of Pennsylvania, of the Grand
Army of the Reppublic, began here to
day with every one of the 600 posts in
the state represented.
Confederate Flags Will
Be Allowed on Field
NASHVILLE, Tenn., June 26.—S. A.
Cunningham, Tennessee’s commissioner
for the Gettysburg reunion, lias receiv
ed a telegram from Secretary Lewis E.
Eeitler ,of the Gettysburg commission
at Harrisburg, in which the latter says
reports that only the United States
flags will be permitted at the reunion
are utterly unauthorized. He says:
“Pennsylvania, through Governor
Tener last January distinctly stated her
position and it is the same today as it
was then.”
The statement was in response to in
quiry as to whether of not Confederate
battle flags were'to be barred.
SMITH ASKS $11,000,000
TO FINANCE COTTON CROP
South Carolina Senator Intro
duces Bill Authorizing That
Amount of Bonds
WASHINGTON, June 26.—Deposits of
$11,000,000 of-government bonds in banks
of cotton-growing states toould be au
thorized by a bill introduced today by
Senator Smith of South Carolina.
The bonds would represent the amount
held by the treasury for cotton seized at
the time of the Civil war, claims for
which have not been adjudicated, and
the amount of the revenue tax on cotton
collected by the government just after
the war and before the supreme court
held the tax unconstitutional.
Senator Smith said today that the
money properly belonged in the cotton
states and that the government should
keep it on deposit there until all claims
against it have been settled.
His bill specifies that the money is to
be deposited in the southern banks, “for
the purpose of aiding the producers in
financing the -cotton crop.”
Horses Eyes Put Out
By Dealers of Chicago
To Make Them Docile
CHICAGO, June 26.—That a large
number of horses in Chicago deliber
ately have been made blind to make
them more easily managed is the re^
port of agents of the Anti-Cruelty so
ciety, whose curiosity was aroused by
the docility of young and apparently
normal animals. Warrants will be
asked today’ for horse dealers accused
of the mutilations.
“These horses have been blinded by
men who guarantee to purchasers that
they will not shy and need no blinders.”
said Hugo Krause, superintendent of
the society. “A needle has been jabbea
through each retina. The wound is
scarcely noticeable. Peddlers, in par
ticular desire horses which are quiet,
and the blinding of the animals has
been put on a commercial basis.”
In the South Water Street market
yesterday fifty horses were found that
had been blinded presumably by this
method.
FINAL REVISION MADE
Original Provision of Replacing
National Bank Notes by Re
serve Notes Put Back
(By Associated Pres*,)
WASHINGTON. June 26.—Final re
vision of the administration currency
bill was made today by Representative
Glass preparatory to its introduction In
the house. The original provision for
the retirement of the present national
bank notes and their replacement by
the new federal reserve notes, in addi
tion to the $500,000,000 of reserve notes
authorized by the bill, was replaced.
The provision allowing county banks
to deposit a part of their reserves was
revised and the federal regional banks
weee given the authority to fix the rate
of discount, subject to the approval of
the federal reserve board.
Officials engaged in the preparation of
the new currency reform bill are con
vinced that Americans have more varied
ideas upon the money question than
upon any other before congress. Floods
of letters have come to house and sen
ate currency committees and to execu
tive departments, since the general
scope of the bill became known. The
writers propose various ways to aid
the nation’s stock of money, and to make
it easier for tlie public to get hold of
it.
A representative of the "People’s
Power League,” recently proposed to a
senator that the treasury shoilild issue
money directly to citizens upon the
value- of land or property an individual
might own. Another proposition was
that building and loans associaions
should be taken in under the new cur
rency plan and have the same right as
national and state banks, to secure the
proposed new currency.
Many suggestions have been made for
the establishment of some sort of farm
land values upon which the govern
ment could advance money. One scheme
offered calls for a direct issue of cur
rency. under proper safeguards, upon
farm land values. Loans by the gov
ernment to farmers at 4 per cent, upon
their land, was proposed by another
man, who suggested the government
should get the necessary money for
that by issuing bonds.
Several currency "experts” have
recommended that the government make
a straightout issue of "fiat money,” se
cured by the general credit of the
government.
GERMAN-AMERICANS SEE
. BIG PAGEANT IN DENVER
DENVER, Col., June 26.—Intended to
be the one big educational feature of
the program, the allegorical pageant to
day was pronounced the most instruc
tive as well as impressive lessons ever
given by the North American Gymnastic
union. Through the agency of forty-
nine floats, on which were grouped
turners costumed in keeping with th*»
period they represented, the story of
the development of the German nation
and the part played by Gerraan-Ame"-
leans in the founding and upbuilding
of the American republic was told
graphically. The pageant was divided
Into three sections.
M’GRARY PLEABS GUILTY
IN ATHENS BANK GASES
Cashier of Defunct Bank Turns
State's Evidence and Gets
Three Years
ATHENS, Ga., June 26.—During the
trial this morning of the cases against
President Griffin and Cashier McCrary,
of the defunct Athens Trust and Bank
ing company, which were begun in
Clarke superior court yesterday, Mc
Crary pleaded guilty and turned state’s
evidence. He was given a sentence of
three years by Judge C. H. Brand.
The trial of President Griffin will be
gin tomorrow morning.
CALL MONEY IN NEW YORK
QU0TED_AT 1 PER CENT
NEW YORK, June 26.—Wednesday’s
issue of the New York Journal of
Commerce prints the following:
rt Wall street witnessed a decline in
call money yesterday to 1 per cent,
the closing rate. This is the iowes T
level established since March, 1911. Re
newals were made at 2* per cent, the
opening and highest quotMiou.”
MAJOR BEEGHER B. RAY .
WILL NOT BE PROMOTER
Attorney General Decides Ju
nior Officers of Same Grade
May Be Promoted
WASHINGTON, June 26.—An offleer
in the army below the rank of brigadier
general who ranks highest on the list
for promotion in his grade may be
superseded by those below him when
ever his record is such as to disqualify
him.
This opinion, given to President Wil
son last night by Attorney General Mc
Reynolds, opens the way for promo
tions over the head of Major* Beecher B.
Ray. whom the administration considers
disqualified by the report of the house
committee on expenditures in the war
department made last August. •
This report was made the day after
President Taft had nominated Major
Ray to be deputy paymaster general
with the rank of the lieutenant colonel
and the nomination failed of confirma
tion.
(By Associated Brets.) '
SIOUX CITY, Iowa, June 26.—Criti
cism of the department of Justice for
•arbitrary espionage or investigation”
of federal Judges by means of examin
ers, by Judge Emory Speer, United
States Judge for the southern district
of Georgia, was a feature of the an
nual meeting of the Iowa State Bar as
sociation, which met here today.
Judge Speer spoke with great vigor
and emphasis, declaring the situation
as "intolerable.” He said, in part:
“More dangerous than the power to
disqualify a judge is the power to dis
grace and defame him. My brethren,
I ask you to consider if, in the utter
absence of all charges against him, is >
not the recently adopted method of ar-
abltrary Espionage or investigation of a
judge, made by examiners, {is they are
termed, of the department of Justice,
under the direct order of the attorney
general, to maltreat American judges
with cruel and apparently callous indif
ference to their reputation and good
name?
“I speak impersonally and with all
due deference and respect for the head
of the department who is ex-officio the
leader of the American bar. He is,
however, also the leading counsel for
the government, and no matter how
considerate, how equable in thought and
language, how completely non-partisai)
he may be, ought any lawyer have in
quisitorial power over the judge who is
to try his case, and. least of all, should
this power be exercised in a land where
the independence of the Judiciary is the
very foundation stone of the national
structure?
IS INDEED INTOLERABLE.
“Is is not indeed intolerable that .
the lawyer who is the leading counsel
for the government shall have within
his power and control. the right 10
question the honor and character, offi
cial and personal, of the judge upon
whom determinations of all national ju
risdiction must depend?
"True, the attorney general can act
at any time and make any accusation,!
he thinks proper, as can any citizen, bul
can he constitutionally exert the pow
ers, detail the officials, utilize the ma
chinery and expend the money of the
government in inquisitorial examina
tions of a Judge, appointed by the presi
dent and confirmed by the senate, and
who holds his office during good beha-t
vior. Where is the constitutional right
orjstatutory authority?
“Does this not commit to a lawyeJ
on one side of a multitude of case!
the right to investigate the title to his
office of the trial or appellate judge,
and if this could ever be properly done,
should it ever be done without notice
to the Judge and information to him o 1
the complaints agalst him?
"Would even the president, with all
his initiative and power, attempt this
and if the attorney ger^ral has no such
power, can his examiner lawfully ap
pear at the court and officially enter
upon the inquisition of a Judge?
“And, finally, if there ever could bo
a shred of propriety in such action,
should it ever be done when the court
is in actual session and when the Judge
should be undisturbed In tnose absorb
ing, intense and exacting Intellectual
efforts and labor on which the rights of
property and of liberty must depend?
MORE RUSSIAN THAN AMERICAN.
“This method is very, very recent. X
dare declare that no other could be
more offensive to the chastity of Judi
cial vigor. With experience of four-
years in the service of my state, and
thirty-four years in the service of my
country, I declare that no other pro
ceeding can be so destructive of the
confidence and support accorded the
judiciary by the masses of the people.
If proper with the district Judge, it is
equally proper with the Judges of the
supreme court of the United States.
For action less directly in the presence
of the court, less interfering with the
administration of Justice, men have
been convicted for contempt of court,
and the convictions have been sus
tained. It is indeed to place the judge
at the mercy not only of the chief, but
of the subordinate of an executive de
partment. It is a continental, and not
an American method. Aye. it is more
Russian than American. Then, too,
there is no end to it.
"Will the attorney general longer
permit such continuous torture to the
judges of our country? And shall this
unAmerican method continue? By it
and similar aggressions upon the inde
pendence of the Judiciary shall the
august fabric which Marshall and the
great judges who held with him have
builded, amid the cursings of the mob.
the jfcers 6f the hoodlum, among the
mouthings of the demagogue, crumble
into nothingness?