The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-13
Van Fleets Opinion Correctly
Construed by Eminent
Legal Minds.
The Ingenious and Malicious Campaign
Falsehood Has Been Halted on It's
Travels.

The poor old Examiner is at It's tricks
again. 1t continues to act upon the
old precept that a lie well stuck to is
as good as the truth. Once more it is
endeavoring TO set afloat its intentional
misconstruction of the opinion of the
Supreme Court in the case of Loren Fox
against the Oakland Consolidated Rail
way Company.
The Examiner on September TO- 1897,
published criticisms of Justice Van
Fleets opinion from Bishop Newman,
Rev. E. r. DilIe A Furuseth, H. c.
Hinken, E. S. Barney. w. NJ. Page and
Mayor Phelan. The expressions of
these persons were based on the repre-
sensations of the Examiner, and it is
safe to say that not one of these men
had read the decision. Bishop New
man in his signed statement admits
that he had not read it. However, it
was made to appear to these men by
the Examiner that Justice Van Fleet
had disseminated against the poor in
that he had virtually declared that the
life of poor mans son was not worth
as much to his father as the life OF a
rich mans son. The criticisms, thus
obtained, were naturally of the same
tenor as the Examiners representation
OF the matter to these men, some OF
whom were thus led into putting a con-
struction on Justice Van Fleets opin-
ion almost directly opposite to the idea
actually conveyed therein. Had these
misguided men read the opinion they
would never have been led into COM
hitting such a gross injustice upon
fair minded Judge.
The Examiner, taking an undue adj
vantage of these parties, made a SEN
scare head, Are Men Created Free
and Equal? How the Supreme Court in
the Loren Fox Case is Being Criticized
by the General Public" 1t will be seen
from the above names that the EXami-
ner has very limited idea of the gen.
eral public" However, the Examiner
almost Immediately discovered that il
had got its foot in it, as usual. It's
attempt to misconstrue Justice Van
Fleet was entirely too weak to be &C
cepted by the general public outside Of
that portion Of it that had unwittingly
assisted the falSiffer in it's underhanded
yet audacious assault. The very next
morning it published an article that
refuted the publication of the previous
day. 1t would be supposed that the
Examiner would have had decency
enough after this to not again endeavor
to deceive people by repetition of the
falsehood. But no, it must, after the
August % 1T. in an editorial, says: But
Justice Van Fleet decides that the
value of child's life varies in direct
ratio to the wealth of his father. 1t
is one law for the rich and another for
the poor"
This lie has resumed its travels, and
is making it's appearance in some of
the State papers, whose editors are
Pre- badly as ignorant of the merits of
Judge Van Fleets opinion as those gen.
tlemen who originally furnished the
Examiner with their criticisms.
The Woodland Daily Democrat, for
instance, says: Judge Van Fleets de-
cision as to the relative value of the
children of poor people and those Of
rich people will need good deal of ex-
PLANTATION during the present cam
paign."
This is a sample of the paragraphs
that are being published. a leland
especially a political lie-travels fast
and it is hard race for truth to over
take it.
The Call to-day presents interviews
on this subject from some of the best
and clearest legal minds in the State.
Among them is Carrot McEnerney, the
attorney for the Examiner; w. w
Foote, a lifelong Democrat; e. S. Pills
bury, ex-Justice Van r. Paterson, Chief
Justice Beatty, Justice Henshaw and
Justice Baroutte. These men know
what they are talking about and their
views are presented in a clear and in
telligible manner, so that the most or
binary person ought to be able to gain
a proper understanding of Justice Van
Fleets opinion.
absolutely nothing in the opinion in the
way of discrimination between rich and
poor.
There is nothing in the opinion relat-