The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1884-06-05
Mr.. CARVER TELLS ABOUT THE FOs-
TER fNIuNCTION.

EDITOR JOURNAL: On my return
from Washington find quite q paper
warfare made by my friend Waters,
upon the alleged incorrectness Of my
telegraphic statement OF the status Of
the Foster case. The situation does
not cause any anxiety on this side Of
the line. When we consider at how
small a thing a drowning man will
grasp, we need not wonder that our
faInishing friends feed on husks with
such evident delight Before leaving
Washington, brother Waters suggest
ed to me not to say he was missing
the truth II he told our people that
Justice Miller thought Judge Pres
colt was - At the
time took il as an idle remark,
made under the sting Of dlsappoint-
ment, little thinking he would resort
10 such measures. In no wise did
Judge Miller comment upon Judge
PrescOtt's action as being improper.
No facts we're presented In evidence
to Miller, and he could not express an
intelligent opinion upon this matter,
had he been so inclined. In his tele-
gram, Mr.. Waters states facts in the
first six words, The remainder was
evolved from a pOetieal Imagination,
and Is not correct. Mr.. Moore was
not cited 10 answer for a contempt.
Neither did Judge Miller say that he
thought he was guilty Of any con-
tempt. The notice issued Is OF the
same character as the one we have
just answered to. II is no more nor
less than notice that hearing will be
had By the court TO determine wheth-
er there has been any contempt Of the
SlpersedeaS. The notice itself so
reads. IfJudge Miller told counsel
that "he would cite Moore to appear
and answer for contempt" why did
the gentleman not get all the Judge
had 10 give. His well known modes
ty is Of itself not sufficient exDlana-
ton In a matter Of such vital import.
ance 10 the saloon interests.
Judge Miller made mention Of the
case having been talked over when
the judges were all present. But the
only matter they considered was
whether the record disclosed q Federal
question. The effect OfapprOving the
bond would hardly be considered seri-
ously, for the statute cOnelusively set
ties that Nothing was said at our
hearing by Judge Miller to justify |
any one In thinking that either be,
or any other member Of the court,
was ''of opinion that when the
bond was approved, it stopped
NJ further steps, to get Fos-
ter cut Of ofiee. The feet is that
Judge Miller said just the reverse Of
This. He held, As every lawyer must
Who reads the law, that when the
bond was approved, and Il with s
,opy Of the writ were died with the
,lerk Of our Supreme Court, all fur
'-AgA FANlEc4AAAo - ~ ELAlAIg AnE IIlk- J.
nent were stayed. Hsalso intimated,
.hough Of course would not give an
opinion under the circumstances,
hat the Office Of county attorney was
Tacant on April 7th, when Moore was
appointed. He suggested that the
Inly question was as 10 the status Of
he case after the supersedess was per.
ected on the sth Of April. That
question be said he was not called
n to decide Brother Waters has
hosen q novel way to molIify the
disappointment which be and his
riends naturally feel at his return
rom Washington with such empty
lands. The uncAllsd for reflections
pen Judge Prescott are unworthy OF
be writer Of them, and, as should be,
hey fall harmless among q people
or whom the Judge has 20 aecapla-
b laboTed Cor many yearl. Wnen
be final grand sWi1gel1g takes place,
rOshar WuieE wllllhavs no dIHicllly