Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1877-07-20
Judge Maxwell to Mr.. Gear.

Judge Maxwell to Mr.. Gear.
We gave last week the reply of Mr.
Gear to a letter addressed to him by
Judge Maxwell of the Iowa Temperance
Alliance. We did not publish Judge
Maxwell's letter, to which that of Mr.
Gear was the reply, at that time, for the
reason that we had not seen it, Mr.
Gears letter being sent out alone. In
the State Register of the 18th we find
the following rejoinder from Judge Max
well, in which is contained his first letter
to Mr. Gear:
EDITOR REGIsTER:-I find in Tues
day mornings issue of your paper what
is termed reply of John H. Gear to
letters which | addressed him some time
ago. Inasmuch as my letters to him
were never published, and have never
been seen by the public, it seems to me
little strange that Mr.. Gear should
have published his reply without pub
fishing mine, for no man, by reading his
letter alone, can form the least idea of
what questions were asked him. I think
therefore, that my letter and his reply
should be published together. I give
| first my letter to him as follows:
DEs MONIES, July 5, 1877.
Hon. J. H. Gear:
| DEAR SIR:-On the 9th day of June address
sed you on behalf of myself and others a note,
of which the following is a copy, to-wit:
DIES MONIES, July 5, 1877.
| DEAR SIR:-At n convention held in the city
| of Des Moines in May last, to take into consid-
Grafton the political action of the temperance
| people of Iowa, the following resolution was
passed:
RESOLVED, That committee of one from each
Congressional district be appointed, who, if the
| existing political parties fail to nominate men
that from principle and practice are in favor OF
| prohibition, shall call a State convention to
place such men in nomination to fill the vari.
Gus State offices at the next election, as are in
accord with the principles set forth in the resO-
| lutions adopted by this convention.
l am chairman of the committee provided
for in that resolution. At the convention this
day held which placed you in nomination for
the office of Chief Executive of the State, the
| following resolution was adopted:
" ReSOtUed, That we are in favor of the rigid
enforcement of our present prohibitory liquor
| law, and any amendments thereto that will rem
| its provisions more effectivein the suppression
| of intemperance.'
| Now while it is true that candidates are polit-
| ically presumed to approve and endorse the
| platform upon which they are nominated, yet
inasmuch as they do not make the platform, il
| is not unfrequently the case that they are not
| in personal sympathy with some of the princi-
| pies promulgated by the same
Therefore, in pursuance of our duty as de.
| fined in the first of the foregoing resolutions,
! and to determine our future action In the
premises, we desire to ask you the following
questions:
l. Does the second of the above resolutions
meet your entire approval?
2. VIII you give 1t your hearty support?
| We desire to ascertain your views upon that
| part of the platform set forth in the last men,
| toned resolution.
| Hoping to receive from you such answers to
the said questions as will leave no doubt In the
minds of the people as to how you stand on
this great question, we remain, very respect
| fully, H. w. MAXWELL,
Chairman of said Committee.
l have received no answer from you to the
said letter. If you see proper to answer this
shall be glad if you will also give us your
construction of the resolution last above quot
| ed.-whether it may mean a local option law
or License law" Do you approve of the
| said resolution with the construction, or do you
approve of it as prohibitory resolution?
Now wish to say to you in all kindness that
the people are very anxious to have you define
your position upon this question. Yours, very
respectfully, H. w. MAXWELL,
Chairman of Committee.
[Mr. Gears reply was published in our
columns last week and need not here be
inserted.-ED.
Judge Maxwell goes on to say:
Now [ submit to candid public
whether or not Mr. Gears answers to
my questions are fair and honorable. /
think that all fair-minded and candid
men will agree with me that they are
not. The voters of our country wish to
see frankness in politics as well as else
where; and they think they have right
to know the views Of the men whom
they are voting for to fill our highest Of
fees, especially upon the most impor-
tant questions before the people
do not find in his letter that Mr..
Gear gives his approval, even in gener-
al political way, of the entire Republi-
can platform including the temperance
plank. Certainly he has said nothing
which will commit him to any particu-
lar principle contained in it.
To say that the question involved is
legislative one, to be determined in
the election of members to the Legisla-
ture, and that the people through them
can have any kind of laws they want, is
an evasive and deceptive way of dispos-
ing of such an important issue. Such a
declaration is intended and well calcula-
ted to make the people believe that the
Governor has nothing to do with the
making of our laws, while the fact is
that, by the exercise of his veto power,
he is equal to two-thirds of the Legisla-
ture in determining what laws shall be
enacted. Therefore it is matter of the
utmost importance to prohibitory peo-
pie to know whether he is in sympathy
with the principle of prohibition or not.
Inasmuch, however, as we know that
he has not been heretofore, but has been
an outspoken license law man and now
refuses to define his position, we may
safely conclude that he is an advocate
OF that measure yet.
1t will not satisfy any intelligent man
| for Mr. Gear to say that it will be his
| official business, under the constitution,
to see that the laws are faithfully exc
cuted Does he mean to give any one
to understand that he will enforce the
prohibitory, or any other law? Certain
ly not; the Governor never does thing
of that kind. We look to the courts for
that. The truth is, that under the com
mon civil affairs of State, the constis
tutional provision that the executive
shall take care that the laws are faith
fully executed, has no application what
ever. 1t is Understanding phrase that
constitutes one of the grandest fctions
of the law. Now, am sorry to be com
PEELED to say SO much about the above
letter, but 1 think it is my privilege to
do so, and the manner in which it is
written demands it.
H. w. MAXWELL.
AND now the German empire is in a