The herald., 1896-02-22
FUTILE EXPLANATIONS

justify itself before the public in it's
failure to meet squarely the issue pre-
sented by THE HERALD on the 9Th Of
December, last, the Times continues
to reel off by the column explanations
that do not explain. In the art of ex-
planning the Times should be peculiar
ly skilled-it has had more Of it to do
since starting on its troublous career
than any other journal on the Pacific
coast. Bur NO AMOUNT OF EXPLANATION
OR MISREPRESENTATION ON ITS PART CAN
WIPE OUT THE ADAMANTINE FACT THAT
THE Los ANGELES TIMES ABSOLUTELY
REFUSED AFTER BOLD PRETENsE OF
ACCEPTING The HERALD'S CHALLENGE, TO
AGREE TO ANY METHOD OF SETTLING THE
CONTROVERSY BETWEEN THE TWO PAPERS.
THAT WOULD BE STRICTLY FAIR 10 BOTH.
1t is unnecessary to dilate in these
columns on the efforts made to meet
the Times peculiar ideas Of how the
respective contentious Of the papers
should be tried; and at the same time
provide for . strictly honest trial of
those contentious. The conditions
consented to by The HERALD, accord
ing to which the truth or the falsity Of
the Times allegations regarding the Wo-
mans Thanksgiving edition was to be
determined, have been published. They
furnish the most complete reply pos
sible to the unclad falsehood that THE
HERALD has been unwilling to stand
by the spirit and letter of its chsl-
lenge, and to the other equally naked
untruth that the method of proceed are
proposed by The HERALD CONTAINED
numerous restrictions which the Times
deemed bar to q fair settlement of
the controversy" 1t is likely that the
Times deemed the conditions a bar to
Times settlement, but nobody will
believe that it deemed them "a bar to a
fair settlement" In order that the
public may thoroughly understand the
"method of procedure" The HERALD
was agreeable to, it is again published.
1t reads as follows:
''In this controversy it is understood and
agreed that the burden of proof rests with
the Times, that is. the Times is bound
to produce sufficient and compe-
tent evidence to sustain and substantiate
the allegations made by it in the publica-
ton quoted.
1T Is further agreed that the matter in
controversy shall be submitted to COM
mittee, to be selected as stipulated in
THE HERALD of December Sth last, with
out other conditions than those herein
specified; and the committee shall be en-
powered to dispose of the subject finally
according to its own judgments and after
the rendering and publication of its deci-
sion the controversy shall be wholly
closed and shall not be reopened by either
party thereto.
THAT the committee shall have power to
award the forfeit money to either the Free
kindergarten association of Los Angeles or
the Newsboys' Home of the same place,
or to both charities in equal proportions.
THAT the committee shall consider no
evidence except such as shall be submitted
on affidavit; that hearsay testimony shall
not be accepted a. competent by the COM
mittee that technical construction of the
matter in controversy shall not be indulged
in by the committee, but that the latter
shall determine the dispute according to
the facts developed by the testimony"
The people acquainted with the
evasive and elusive methods of the
Times will not be surprised at the fail
ure of the Times to agree to the fore
going or any other "method of proceed
ure" that would prevent it practicing
fraud and deception.