The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1899-11-02

allOWb us Representatives W usc III OIL
succeeds in branding itself dishonest ant
: demonstrates that it is not to be trusted
, Its use will sometimes tear down homes
records, blacken fair names and work
momentary advantage to the traducer
that put it in circulation, but its effect i
not lasting and in time it deceives onl,
those who wish to be deceived and mis-
leads only those who wish to be misled
The present managers of the fusior
party have made monumental record o.
hypocrisy and wilful and malicious mis-
representation. While they publicly an
nounced that they would prosecute "a
clean campaign" they were secretly pre-
pairing the most villianous circular ever
used in Sonth Dakota political cam
paign. This attemp. of the managers
candidates and leaders of the fusion party
to blacken the record of the judges
of the supreme court of this state
by charging them with being owned by
the corporations, is an Infamous appeal
to passion and prejudice and is as ma
licious as it is false and as cowardly as it
Is dishonest. 1t is done believing that
the judges will treat il with the silent
contempt II merits and in the dignity of
their honesty and their position not
notice it or pay it the compliment of an
answer. The court has everything to
! gain and nothing to fear from candid,
| careful and honest examination of its
records, and when that is given the brutal
and sensational falsehoods will become
apparent
The force of the Populist attack is di-
rected at Judges Fuller and Haney
They ADMIT THE HONESTY OF JUDGE COR
ON, but say that since the coming of
Judge Fuller TO the bench on January
10, 1894, and Judge Haney on January
81, 1896, the trend of the courts decis-
ions has changed and corporation in
fiuence become dominant to the extent of
q denial of justice to all litigants in cases
against railroad corporations. The
iiecords show that since Judge Fuller
was appointed there have been thirty
one final decisions rendered in cases in
which railroad corporation was party,
of which EIGHTEEN WERE sQUAREI.Y
AGAINST THE RAILROAD COMPANIES. The
records will further show that since
Judge Haney became member of the
court there have been fourteen final de-
c.slons rendered in cases in which a rail.
road corporation was a party, of which
NINE WE'RE DECIDED sQuARELY AGAINST
THE RAILROAD COMPANIES.
For the purpose of enabling all to
know the truth, we append the following
list of cases decided against railway cor
.porations since Judges Fuller and Haney
came upon the bench, together with
book and page number of the South Da-
kota Reports where the same may be
found:
Alt VS.. c. & N. w. Ry. Co., 5 South
Dakota 20.
Peart vs.. c. M. & st. p. Ry. Co.. 3
South Dakota 1877.
Lewis vs.. st. p. M. g. M. Ry. Co., 5
South Dakota 14S.
Sweet VS.. G. M. & st. p. Ry. Co., 6
South Dakota 2S1.
Carpenter VS.. G. M. & st. p. Ry. Co., Z
South Dakota 5S4.
Page VS.. G. st. nj. & O. Ry. Co., z
South Dakota 297.
Stone W.. C. M. & st. p. Ry. Co., 8
South Dako'& 1.
Yankton Fire ms. Co., VS.. F. E. & M.
V. Ry. Co., South Dakota 42S.
sheldon VS.. G. M. & st. p. Ry. Co., 6
South Dakota COG.
Bennett VS.. c. M. & st. u. Ry. Co., 8
South Dakota 1884,
Erpenhack VS.. G. M. & st. p. Ry. Co.,
3 South Dakota 575
Hutchinson vs.. G.. Nj. e. st. p. Ry. Co.,
3 South Dakota 5.
Brown VIZ. G. Nj. & st. 2. Ry. Co., 10
South Dakota 633.
Meuer vs.. c. nj. & st. p. Ry. Co.. rs
Northwestern 1923.
Owen vs.. B. c.. II. & N. Ry. Co., 70
Northwestern 302.
Erpenback VS.. G. M. e. st. p. Ry. Co.,
10 Northwestern 923.
Schimke VS.. G.. M. & st. p. Ry. Co.,
10 Northwestern 951.
Haukland VS.. M. st. l.. Ry. Co., Is
Northwestern 95S.
In order to briefly show the extremity
to which these TRADUCERs OF CHARACTER
are driven, we refer to few of the cases
cited in their circular and relied upon by
them to establish the infamy of Judges
Fuller and Haney.
FALsEHooD NO 1.
The first case relied upon is that of
Saunders w. &. d. n. w. Ry. Co, q South
Dakota 40; opinion by Judge Kellam,
filed October 2, 1894. 1t was we'll known
TO the authors of the circular, because 1T
APPEARS FROM THE OPINION ITSELF that
JUDGE FULLER TOOK NO PART IN THE HE-
CIsIoN OF THIS CASE and JUDGE HANEY
AT THE TIME WAS NOT A MEMBER OF THE
COURT, having been appointed some TWO
YEARS LATER.
FAI.sEHooD NO 2.
Another case, relied upon by the Popu-
lists, In their circular, to maze it appear
that the trend Of the decisions has been
changed in favor of corporations since
Judges Fuller and Haney became mem
hnr - AI,.S< 81. n r.
M. & st. p. Ry. Co., 8 South Dakota 90.
This case was finally determined and the
opinion filed on the I'd dayef June, 1892,
about TWO YEARS PRIOR TO THE APPOINT
MENT OF JUDGE FULLER AND FOUR YEARS
PRIQR TO THE APPOINTMENT OF JUDGE