New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-10
BREWERS RECORD.
INDICATED AGAINST THE ATTACKS OF
OYERZEALOUS PROHIBITIONISTS.
COPY OF LETTER TO BISHOP FITzGERALD
OF THE NJ. i. CHURCH, REFUTING HIS
cIIAHGES IL "THE VOICE"


Of the Bishops Of the Methodist Episcopal Church II
E., in answer 10 an attack which he has made upon the
President and senate for the appointment and con
Grmaton Of Judge Brewer. The matter was in
vcigated and the letter written by ne at the earnest
request of two Methodist ministers Of this city.
should be glad If You would publish 1T entire. Yours
very truly, W. ~ SUTHERLAND
Rochester, y. Y. Jan. "a, 1880.
The Rev. J. y. Fitzgerald, Minneapolis, MINI.
sir: While at Buffalo, attending court on the god
and I'D inst a copy of The Buffalo Christian Ad
vocato OF January rs was placed I'm my hands,
tanning reprint OF letter purporting to nave been
sent by you to The Voice" Your letter to The
voice. thu, published is a wholesale dcnuncation OF
The President " the United states for appointing and
Of the senate for confirming, the Hon. David j.
Brewer as Associate Justice of the Supreme Court Of
the United states.
You cannot shield yourself from reply to this letter
nor from sharp criticism under the plea that Won
a bishop Of the Methodist Church. and exempt from
the ordinary pcnaltc, attending exaggerated rhetoric
and mi,,tatcmcnts a to facts. Your letter. though
copied In church papers. was originally written to
political organ. 1t relates to the public acts OF tho
President of the United states and his Constitutional
advisers In the senate. 1t Is In your capacity as
citizen alone that you have right to challenge these
facts and when yon place your challenge in the
columns OF political newspaper Won must stand on
planc with all other citizens Of this Republic to receive
reply.
You say d" II there had been opportunity. would
have Joined most earnestly I'm the protest AGAINST Judge
brewer further on You say that the spark Of hope
died ont when senators. In order that they might
forcsian all protests rushed to the confirmation
with a haste that never can be justified. and that be
token, a ,ubscrvcncy to the rum power that Is ap
palnc7
Doubtless the senate will not he disturbed In IT.
cquanlfnty by these cGusivc words. but dd you not
have "orportunlty7 20 protest. Judge brewer wa
nominated bv tic President on December A. and
,l,,o., before Nj, nomination was published in the
,,.r,t,rs courra 'ulatory telegram, began 70 pour
In upo, him from all parts of the country II you
road TIC newspaper, you must have learned oi IL
within = week after The nomination was made ana
could have sent protesting kilograms or written pro
,csts LON. Nofor, ,c nomination confirmed This
nomination took the regular course of all o'hcr
nominations was referred TO the appropriate com.
mlttoc was reported upon by that committee TO the
senate and was discussed IN III" nc ate on DeoehOcf
H. Aftcr discussion the nomination Was Iau over
for ono Or moro days. and was confirmed later on.
yo,r ictor saws But his case (tlat Of tho Vice
prcsldrn even though the worst that las been chag'd
AGAINST him Doe true pacs into whtcncss when com
,rc1 .,,b that ~ tho President who nominated for
rue,icc ~ the supreme Court Of the United StAto'
,hc Hon David j. wcr-hmOus as the pro
hliton Judge" 49,. The surprise ana sorrow 'an7cu
rv ni, nomination cannot be measured. "h'n IL "a'
| made tho -nd heart, - tho drunkard's wives anu
children rrew saddcr. aud their dark homes are"
darker. while the friends Of prohibition evcrywh'r'
became troub;cd 10 an extreme degree. $500. "JHdse
f-,,rer's most noted DECISIONS havO been In Hluor
c,ees ard have clcl,cd most hearty applause IN the
saloons - the entire country
ltc~. f.. a vast amount Of rhetoric at tremendous
ovpru-o u truth. Doubtless many roon people r'ho
lr. -ll. l.rcr COPIED into yorr church paper
have rc.,cd upon the ordinary presumption That
ma, ocrnpy,ns your Official place wonid naturally
a., ,y,o tbIu,s: First know what ne was falling
,l,., and rcNt tell only the truth q that about
which l. talk. These good people also, no DOUBT
have sometime. heard that legal presumption has eS
l.f.d f,r upwrul . thousand year, mat every pun
n, .r.I,l cycu A President IS worthy o. the conf
dome. 90 'le people until his unvorthne,s b. proved
ard the further presumption that every public ofcer
.,crl, r,rf,rrn. bis duty. These Same good people
t,,c d,u,tlc., reelected that the President Of the
United states is intellectually AMI morally Your peer
cha, hl. christian character IA beyond question ara
'hr' Therefore. your sweeping and swo'ping d"nun
o,ou. are ont, made after careful "A'nIHn'" 81 inc
fact.
I..f lc' ne see The surprise and sorrow caused
nv mi, nomination cannot he measured When "a'
m,ae the sad heart, u the drlnard, wives and chill
aron crew .addcr aud their dark homes grew darker
Tld. ., l'~r,. son probably deemed a fine piece OF
Rhetoric II sound, well hui think IL would trouble
won - name % single -ad heart Of drunhard'' WIG
who knew anything about Judge Brewer Or his record
a. J.irc.
Judge Brewer, most noted decisions have been
,u Aquor ca,r~ and have elected most hearty ap
pla,..c m tie saloons II the entire county OF
course ,ou didn't Yourself hear hi, applause In any
of those -al,on- Nou DO not claim 10 have been
present 900 any u the saloon, when they runs with
t. applu-c" on account ~ these decisions Arc You
quito .ir. that Your Informant as 10 this applause
100 tio saloons 81 tho entire country was one on
whose testimony can impcach the character Of the
President Of TIE United states
Il ut they have been reversed by the court from
whose decree there is no appeal
Your dcmucauon, are IN the plural number. You
do not yfcr 10 some ono decision but You refer |"
hi- decisions q, elias, and In an earlier part OF your
letter you describe Judge Brewer a famous as the
anti prohibition Judge
Jud.c brewer, record IS against you. Ills most
noted decisions began In January, 1871, at which
time Lc wa, elevated 10 the place OF Associate Justice
~ the supreme Court Of the state Of Kansas and in
which place hc remained until April .. ls-4' Ills
decision, found IN IN" reports Of the supreme
Coart II kan,a, beginning with Volume : and ending
with Volume ~. Not ono II the decisions there re
ported ia, "cllctcd most hearty nor any zap
pau-c in the saloon, Of the entire country nor any
part II the country. unless those decisions were mis-
reported 10 the saloons.
P,Ihap, JUDGE brewers most noted decisions have
been I'm IqGor cp,c-' for the state Of Kansas has had
occasion to consider the liquor question IN It, various
ASPECTS. \ constitutional amendment passed in
that state in 1880 aud February -. 17-1. the supreme
court of that state handed down decision involving
tho validity Of the amendment. The opinion was
pronounced by one David j. Brewer. Twenty pages
Of that opinion devoted 20 discussing points raised
by nquor dealers against the legality Of the vote by
which the amendment was adopted, irregularities as
To the form Of the vote, the manner Of holding the
election All of these objections were overruled
b. JUICE Brewer in his opinion, which is
reported in Volume ~ Of kan,a, Reports, At page
700 You could have consulted this opinion
If YOU wished. for you probably find 1t in some
law library in Minneapolis, At page 10 Of that
volume, Judge Brewer expressly hold, that the state