davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
A VICARIOUS PUNISH,,Exr

There was nothing Illogical in the
action of Miss Bradley cowhiding Mr..
Welsh because his wife had SIAN
dered her, that is, if Minnesota law
holds good in Illinois. Our courts
hold the husband liable in. DANA ses
Tor the torts of the wife. aIthoueb
he was not a consenting or even - 4
Knowing party. Whether Miss Brad
ley knew of this ruling, or merely
acted on an impulse to lash her e,,alls
my over the shoulders of her b,,s-
band, is quite immaterial. providinc,
the law is universally good. If the
unoffending husband of the Offend
ing woman is liable in damages wbv
is he not also liable in cowbif7inao
Judges, with their habits of REFINING
and distinguishing may find No GO
quence in the cases, but the law
mind, and especially the Law mind
of a provoked and injured woman
reasons more directly and logically
When Miss Bradley is.haled before.
the police magistrate for her infrac.
ton of the peace and dignity of the
state of Illinois, why-providing al
ways that Minnesota law is good in
Chieago-can she not plead in de-
Tense the prior assault of the wife
on her character? To be sure the.
old common law admitted no de-
Tense Of prior proKocation resting,
~ <
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
RESISTANCE is FOOLISH.

If, as circumstances indicate, the
express companies doing business in
this state intend to offer resistance
| to the law passed by the last legis-
lature, placing them under the juris-
diction OF the state railroad COM
mission, they will be making the
same old blunder of which so many
corporations have been guilty. So
far, they have failed to comply with
repeated requests to file their sched-
ules with the commission as provid-
ed by law. If they intend this as
preliminary to legal proceedings
which will test the constitutionality
of the law, they are within their
rights. But it would be far wiser
on their part, it seems to US, to SUBJ
nit at once to the new order of
things with the best grace possible.
Such a policy would entitle them to
consideration and assure liberal
treatment. But if they intend to re-
sist to the uttermost the assertion
of it's power by the state, they are
entering upon a campaign from
which they cannot hope to derive
either temporary advantage or per-
manent success.
The history of legislation in the
several states and by the United
States congress, and Of the contests
in the courts growing out of it, have
fixed forever in our law the principle
of legislative control of the rates
charged by common carriers. No
railroad corporation in the country,
today of Questioning that proposition.
They may evade the operation of the
act to some extent, but they no longer
deny the right of the legislative pow
er to regulate, or of the courts to
enforce this decision. That the ex-
press business comes properly with
in the same scheme of operation is
reasonably obvious. For these COM
panies, therefore, to fail to comply
| with the law and to carry their case
to the courts will be taken only as
an evidence that there are cireum-
stances connected with their BUSH
ness which they are unwilling to
have submitted to the control of a.
| public tribunal. This is an impress
| sion which we should think they
would be unwilling to create. The
I slight delay which they might be
able to secure by compelling appeal
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09

adopted by the Republican conven-
ton of league clubs at Cleveland,
which declined to commit itself to
any expression of opinion in the
matter of free silver, in the hope that
that unpleasant necessity would be
lifted from it by some blunder Of
the Democracy. The Tribune and the
army of Republican newspapers of
which it is fair representative do
not pretend that they have no opin-
ions of their own. Aside from it's
effect upon the party fortunes, they
viii publish articles to show the dis
astrous economic effects that would
follow the free, coinage of silver.
But they will not fight against it.
Declaring in one issue that free
silver would work untold injury to
the nation, they assert in the next
that when this issue comes to the
front, the Republican position should
"be one of quiet observation"
The worst mistake of which the
Democratic party might be guilty
would be more to its honor than
this. But it is not going to fall into
any such trap. No intelligent Dem
ocrat can witness the course OF re-
cent events, can read utterances like
this of the Tribune, without becom-
ing fully aware that to promote par
ty differences on the financial ques-
ton is only to help the Republican
party back to power. The question
of the free coinage of silver, and the
larger and more important question
of the adoption of a rational and
permanent monetary system for the
United States, viii not be settled by
the next congress, nor by its sue
cessor. It will come only after many
years of discussion by the people,
and of education in the principles of
sound finance. What we have to do
is to see to it that the Republicans
do not compass a Democratic de
feat by forcing this issue to the
front in our own ranks, and making
it test of party loyalty.
Let the consideration of it on both
sides be as full, as frank, and as
fearless as possible. Let us not i'm
itate the cowardice of the enemy in
declining to express the convic-
tons either way that may cost US,
here and there, a vote. But neither
let US, on the other hand, elevate the
differences produced by this discus
sion into a quarrel that shall end in
a divided Democracy, and a Repub-
licanism triumphant through that
discord. That we shall do this fool
ish act is today the fervent hope of
the Republican party. In as far as
we yield to it, we are strengthening
that party's position and weakening
our own. We have no fears of the
result. The American people have
more admiration for a courageous
man in the wrong than for any cow
ard. When importantissues are in the
air and the peoples minds are full
of them, they will not elevate by their
suffrages the party which announces
its position to be one Of 'quiet OBJ
SeryatiOn."
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
sTANP our TVBERCULosTs.

The final act of the experiments at
the state dairy farm, to detect the
presence of tuberculosis in cattle, as
related in a news article this morn
ing, was altogether conclusive. 1t
proves the efficacy of tuberculin as
a means Of revealing the presence
Of disease. 1t is, we may say, the
only agent; for a number Of the ami
mails slaughtered were, as far as any
other test could determine, in per-
feet health. They were sleek, heavy,
been taken by a buyer without hes
itatiOn, either for breeding or for
the market. But When the tuberculin
had been injected in their veins, they
showed the characteristic rise of tenn
perature, a few hours after, which
proves the presence of disease.
And when slaughtered and inspect
ed, it was found in every case that
the lung tissue was impaired, While
in some of them the affection had in
vaded almost every organ Of the
body.
1t goes without saying that such
animals are unfit for any purpose.
Milk supplied by them or beef fur
nished from their carcasses might
become a source of deadly Infection
Their presence in the herd would
spread contamination; while as
breeders they are, Of course, the
propagators of a diseased and sickly
progeny. There is no reason to doubt
that tuberculosis is a scourge as
in the human race. No one can tell,
entirely apart from the danger to
human beings from this source, how
many hundred thousand dollars the
farmers Of the country lose every
year by the ravages Of the disease.
What we know now is that it is pos
sible to stamp it out entirely. The
test with tuberculin will declare it's
presence where there are no other
indications. If such test is made
universal, and the infected beast is
killed and the carcass destroyed, that
ends it. The loss to cattle owners
would be an infinitesinal fraction
of what they experience by the ex-
istence and spread of the disease.
Looked at both from the point of
view of the effect on public health
and from that Of business interest,
it will appear that to eradicate tuber-
culosis will be an achievement as
great as some of the medical dis
coveries that have been most widely
heralded and honorably remembered.
The time is not far distant when
the application of this test to all
cattle will make tuberculosis among
our herds wholly a thing Of the past.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09

ing fall, when, soon after the conven-
ton of the October term of the court,
he had been compelled to go South on
account of his rapidly declining
health. During his absence there had
been contradictory reports as to his
physical condition, but the prevail
ing opinion among his colleagues on
the bench was that he would never
again be able to resume his seat Mr..
jackson had the reputation in this
city, and especially about the supreme
court, of being very sensitive concern
ing the discussion of his health in the
public press, and he referred to the
subject very sparingly in his own con-
versation. The other members of the
court were therefore poorly advised as
to his condition This state of affairs
is said to have been the reason for the
equivocal character of the announce
ment of the decision to grant a re-
nearing in the income tax cases, which
necessarily depended upon Jackson's
presence. He was in Washington on
the occasion of the reheariner fo, sew
efal Gays and gave his attention as
slauously to the income tax cases. He
sat through the argument. which CON.
tlnued for three days; took part in the
consultation of the court and when
the DAY arrived for the announcement
OF the decision, not only listened pa
tlently to the opinions of most of the
other members of the court, but de-
hvered vigorous opinion of his own
IN support of the validity of the law.
Th1s occurred on the 20 of MAY. and
was his last public appearance. He
returned to his home in Tennessee
late in May
When Judge Jackson was here on
this occasion, it was evident to all
who came in contact with him that
life was slowly but surely ebbing away,
and that the effort he made in per-
forming his duties in that emergency
was made at the expense of his vital
1ty. AS senator and justice of the su-
preme court, Mr. Jackson had resided
IN Washington about eight years. His
associates here were confined largely
to his colleagues on the bench and
IN the senate chamber. By them he
was universally esteemed as a man
of high moral worth and rich intel
lectual attachments, as was evinced
in nothing so much as in his appoint
ment to the supreme bench by Presi-
dent Harrison, and his confirmation
by Republican senate, notwithstand-
ing he was a Democrat.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
TALKATIVE JURORS.
7Frisco Newspaper Editors May
Get Into TROUBLE.

SAN FRANCISCO, Cal, Aug. S-An
eighth juror was obtained to try Theo-
dore Durrant for the murder at the
forenoon session of the superior court.
An unusually large crowd thronged
the corridors of the city hall in the ex-
pectation that some action would be
taken in the threatened contempt pro-
ceedings against certain newspapers
for interviewing jurors regarding their
standing in the case. After a number
of yeniremen had been examined one
of the defendants attorneys presented
a bundle of affidavits from his client
and asked that citations be issued for
the editors and city editors of the
Chronicle and Examiner. The attorney
also asked for further time to prepare
affidavits concerning the action of
other newspaper men, who had pub
lished statements concerning jurymen
which he considered in contempt of
court. The court stated he would con-
slider the matter carefully before de-
Gliding the question Of issuing the cita-
tons asked for. Nothing was said
concerning Jurors Browne and Nathan,
who allowed themselves to be inter-
viewed and discussed the case with re-
porters, despite the courts express
commands to the contrary.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09

to the courts is a trif1e as compared
with the stricter supervision which
such a policy would seem to indicate
as necessary to the public interest.
Sooner or later, all Of the great
agencies which are engaged in any
form of the transportation business,
and which operate by means of pub
lie concessions, directly or indirectly,
will be placed under the supervision
of public authority. For any onei Of
them to resist this inevitable end is
not only kicking against the pricks,
but seems to us to be a short-sighted
and foolish business policy. -
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09

In mere words, no matter how abus-
I'VE or slanderous they were, but
held the defense to orderliness up to
the point where the word-slinger fol-
lowed his words with his fists. But
all this is changed. The statute
makes abusive words, tending to
provoke breach of the peace. a mis-
demeanor. They constitute, in stat
uLofy law, an assault. If convicted,
the offender is liable to fine lust as
II he had hurled blows instead of
words. Now under the common law
the plea OF prior assault was always
defense to a battery. This was a
recognition of a defense that even
childish minds intuitively sense.
he begun it, is equally the child's
defense and the mans or woman's.
Ii the defendant can prove that the
complaining witness struck the first
dow, his case is simply one of self
defense; and, while he must not car
ry the defense of himself to the ex-
tent of putting his assailant hors du
combat, still courts, and especially
Jurles, rarely make a close inspec-
ton to see if the defender has passed
the line of self-defense into the re-
glon of assault.
LII would seem, then, to the dulIer
lay mind, that if words NAV consti-
tute an assault, the use of them may
be pleaded in defense of an assault
on the body, provoked by them, as
forming, in law, that is modern law,
a case Of prior assault. 1t would
follow, then, that, had Miss Bradley
used her lash on Mrs. Welsh, she
could plead the SANDER as a COM
plete. defense. It also follows, with lay
logicality, and by what Mark Twain
would call IAN easy and natural
transition" that, as the husband is
liable'in damages for the tort of the
wife, and, as SANDER is tort, that
the husband is liable to be horse
whipped for the SANDER of his wife.
and the wife's verbal assault is a
defense to the prosecution for the
cowhiding. We are not aware that
this chain of logic has ever stood
the strain of courts sitting on
1t, and we do not proffer it as be-
ing good law on which any Of the
readers of the G 10 b can safely
act; but, as Holmes said of his old
one-horse shay, logic is logic, that's
all [ saw"
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
NOT TO TIE POINT.

Senator Henderson appeared be-
fore Comptroller Bowler as attorney
for the Oxnard company of his state,
to make an argument against the
position of the comptroller that the
sugar bounty appropriation is not
constitutional use of congressional
power. The comptroller, it appears,
does not rest his opinion on his own
judgment, but on that Of the court of
appeals for the District of Columbia.
1t will be remembered that, after the
omission of the sugar bounty and of
an appropriation for the pay Of the
inspection and other expenses of as
certaining the amount of sugar pro-
duced by each planter, a suit was
brought to oblige the secretary of
the treasury to proceed under the
repealed act. The impression, gained
from the press dispatches, was that
the court in that case went no farther
than to hold that the secretary was
powerless to act under a repealed
law or to use money for a purpose
not authorized by congress. But the
court went further, and either di-
rectly held or broadly intimated it's
opinion that the bounty act was an
unlawful diversion of the public
money. 1t is on the strength of this,
and not on his own judgment, that
the comptroller refuses to audit the
claims for bounty.
The question, then, if any, to be ar
gued is the power of congress to
appropriate public funds to foster
private industry. So far as the
dispatches disclose the argument
made by the Nebraska senator, he
laid greater stress on points more ap-
propriately made in an argument for
the bounty before congress. He spoke
of the interests involved, the finan-
cial loss and possible ruin that would
follow if the bounty would be with
held. His argument of the contract
nature and consequent inviolabilfty
of the bounty provision of the Nc
Kinley act is clearly irrelevant in
appeals, just as his denunciation of
the repeal as a "bunco" process was,
in such an argument, itself a bit of
buncombe. Off the same piece was
his assertion that 50,eoo,O00 of our
gold would go abroad to pay for
sugar this year, all of which would
be kept at home if we produced our
own supply; statement that is not
true, and would have no relevancy
even if it were. The comptroller is
not resting on the policy or impolicy
of the act, but on it's legality. The
senator does not seem to be fully
aware of this distinction.
Equally immaterial was his ref
erence to the appropriation to pay
| for the territory acquired in the
| Louisiana purchase. His use OF 1t
reveals the paucity of his argument.
If he cannot see the difference be-
tween acquiring adjoining territory
| needed to extend our area and re-
| move fertile cause of international
| ompIications-and the use of pub
lie money to compensate a few men
| for producing an article of consump-
ton, others, including the courts
| that must at last decide the contro-
| yersy, can. In one point the senator
is clearly right, and that is his state
| nent that there is no distinction.
ia principle, between a bounty and a
I protective tariff. There is. however,
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
VENTUREsONTE LADIES.
Rough Experiences of IL Tour or,
Pixies Peak.

RhS/S RSsSL.
COLORADO SPRINGS. Col. Aug.
S.-The great alarm entertained for the
safety of four Eastern young ladies
supposed to have been lost on Pixies
peak has been aIayed by a telegram
announcing their safe arrival at the
summit. The Misses Parker, sisters.
of st. Louis; Ida NJ. Wright, of Full
ton, N. Y, and Anna Wagner, of Cur
RE Grove, To-, started to drive up the
peak. AT the Seven lakes they left
their team and driver and started to
ascend the remainder of the distance
on foot, being deceived by the wonder
fully clear air as to the actual dis
lance. On the way they encountered
a binding snow storm and nearly per-
ished before reaching a sheltered Sec
ton mile from the summit There
they rested, and they then started
back to where they had left their
driver. He, in the meantime, conclud-
ed from the length of time they had
gone that they had reached the sum-
NIT and concluded to remain there
till the storm was over He had
therefore started back toward Mani
tou when they reached Seven lakes.
Although fearfully exhausted, the four
ladies realized that their only hope
was in reaching the station at the
top of the peak, and again they began
the ascent. With many difficulties.
often falling exhausted on the rocks,
they finally succeeded in reaching the
summit, where they were cared for,
remaining till morning. When the
driver reported at Manitou that he had
left them on the mountain wild excite
ment prevailed and half dozen par
ties We're at once organized to go in
search of them. There was much re-
joicing when the news of their safety
was received.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
HELPING THEM OFT.

THE Republican policy" says the
Minneapolis Tribune, lin the face
OF this split on the money question
In the Democratic ranks should be
one Of quiet observation" This is it's
conclusion, and it will be the con-
clusion of nine-tenths of the Repub-
licans of the country from the party
o11ferenceS on the money question
developed in the Democratic con-
Yentions in Missouri and Mississippi
and other Southern states, as COM
pared with the action in Kentucky.
Iowa, Maryland and the states which
stand for true bimetallism. 1t is
not heroic attitude. 1t is not one
that reflects credit upon those who
take it. The financial question, prop
erly speaking, is not party or DO
litical question in any respect. 1t
ought never to have been permitted
for one moment to enter party dis
cussfon or to become a part of party
omics. 1t is one that is to be solved
only in the light of the experience of
the world through past ages, and in
view of the practical condition of
the interests of the United States
and other commercial nations at this
time. Touching so closely as it does
upon the prosperity of the individual
and the solvency of the nation, the
opinions of each man upon it should
be based on it's practical relations,
and governed solely by his practical
desire for the welfare of the people
and of the state.
This is not the Republican atti-
tude. We did not expect that it
would be. That party knows that
it must depend for it's success in
the next election not upon any viz
tues or promises of its own, but upon
the dissension which it hopes to
see carry defeat into the ranks of
the opposition. 1t knows that if it
goes before the people with the tar
if as its foremost issue, it will be
beaten again as badly as it was in
1892. 1t can wage a campaign on
no other line. 1t is, therefore, de-
feated in advance, unless there shall
be offered to it a victory by discord
in the ranks Of its enemy The only
light that appears on the Republican
horizon is the possibility of a Demo-
cratic split on the silver question.
What does the Republican party
itself propose to do? Nothing, alb
solutely nothing. The Tribune SAYS:
In the meantime, Republicans can
stand aloof and witness with
eQuanilnity or Indifference the disor-
ganizing war in the party of the OBJ
position" This is a familiar atti-
tude. Republican editors are sell
dom so happy as when they apply
the epithet "copperhead" to any
man, however high-minded and sim
gle-hearted, who advocates the prin-
ciples of Democracy. But what the
copperhead was in the time of the
rebellion, the Republican who advo-
Gates the Tribune's policy is to-
day. The secret synpathizer with
the Southern cause, who had not
Inanliness- enough to avow it and to
share it's fortunes, was the man who
stood aloof and witnessed with
equanimity or Indifference the dis
organizing warfare" between the
other people of this Union. Put in
the vulgar language of the street.
be consulted his interest by waiting
TO see which way the cat would
jump. This is the policy advised
by the Tribune.
It is not alone in its attitude.
Thfs is also the policy explicitly
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
ASSOCIATE JUSTICE JACKSON.
OF THE SUPREME COURT, is
DEAD,
HIS LAST EARTHLY HOURS.
STRENGTH RAPIDLY WAIVED
AFTER HIS LAST VISIT To
WASHINGTON.
DISTINGUISHED las A JuR1sr.
Gossip About His Successor Re-
calls Names Mentioned Some
Time Ago.

NASHVILLE, Tenn, Aug. S.-Hon.
Howell Edmunds Jackson, associate
justice of the supreme court of the
United States, died at his residence
at West Meade, six miles west of this
city, at o'clock this afternoon, in
the sixty-fourth year of his age, of
consumption. Judge Jackson had
been in failing health for the past
four years, but it has been only in
the past few months that the prog
ress of the disease began to cause
his family and friends uneasiness.
St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-09
Pennsylvania Exports Iron.

Pfttsburg Post.
ago that 800 tons of Alabama pig iron
had ntshipped to England. We have
seen nothing further in regard to this
shipment; but a dispatch from Sharon,
IN this state. the center Of the Shen-
ango valley iron industry, states that
a firm in that place has shipped 400
tons of pig iron to Birmingham, Eng
land. And this under the Wilson law.
Think of that, We calamity croakers,
who made the air blue with deleful
predictions in the political campaigns
of 1893 and 1894. s'British goId'' is com
ing to this country. but it appears to
be coming in exchange for American
iron manufactures