Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1899-11-02

Use lie b DEbQAEG& AO a &DIAA4&iN
brain power; IL simply indicates lack of
honesty. A political party that uses il or
allows its Representatives 10 use IL only
succeeds In branding itself dishonest and
demonstrates that il Is not 70 be trusted.
Its use will sometimes tear down honest
records, blacken fair nanes and work a
mornentary advantage 10 the traducers
thar put il in circulation, but its effect is
not lasting and ir-rime it deceiyes only
hose who wish 10 be deceived and mis-
leads only those who wish 20 be misled.
The present managers of the fusion
party have made a monumental record Of
Hypocrisy and wiIful and malicious mis-
representation. While they publicly an
nounced that they would prosecute "a
clean campaign they were secretly pre-
pairing the most vfllianous circular ever
used In a Sonth Dakota political cam
paign. This attempt Of the managers,
candidates and leaders Of the fusion party
10 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
10 passion and prejudice and is as ma
licious as it is false and as cowardiy as IL
Is dishonest. Ii is done believing that
the judges will treat IL with the silent
contempt il merits and in the dignity of
their honesty and their position not
notice 1t or pay it the compliment of an
answer. The court has everything to
gain aud nothing TO fear from a 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 IIaney.
THEY ADMIT THE HoSEsTY OF JUDGE COR
SON, but say that since the coming of
Judge Fuller to the bench on January
Is, 1894, and Judge Haney on January
81, 1896, the trend of the courts decis-
ions has changed and corporation in
fuence become dominant 10 the extent OF
a denial of justice to all litigants in cases
against railroad corporations. The
records show that since Judge Fuller
was appointed there have been thirty
one final decisions rendered In cases in
which a railroad corporation was a party,
OF which EIGHTEEN Z sQUARELY
AGAINST II RAILROAD COMPANIES. The
records will further show that since
Judge Haney became a member of the
court there have been fourteen final de-
cisions rendered in cases i'm 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.. G. s. N. w. Ry. Co., 5 South
Dakota 90.
Peart IS. c. NJ. 6 st. p. Ry. Co., 5
South Dakota 337.
Lewis We. st. p. Nj. & M. Ry. Co., 5
South Dakota las. .
Sweet VS.. G. M. & st. p. Ry. Co., 9
South Dakota PSI.
Carpenter VS.. G. M. & st. p. Ry. Co., z
South Dakota 5S4.
Page vs.. q. st. NJ. 81 o. Ry. Co., 2
South Dakota 297.
Stone vs.. c. Nj. & st. p. Ry. Co., 8
South Dakota l..
Yankton Fire ms. Co., VS.. #. f. & NJ.
Y. Ry. Co., 2 South Dakota 42S.
Sheldon ys. G. NJ. & st. y. Ry. Co., 5
South Dakota COG.
Bennett VS.. G. NJ. & st. p. Ry. Co., 8
South Dakota 394.
Erpenback VS.. C. M. 81 st. u. Ry. Co.,
8 South Dakota 575.
Hutchinson va. c. Nj. d ST. p. Ry. Co.,
0 South Dakota 8.
Brown vs., G. NJ. & st. p. Ry. Co., 10
South Dakota 633.
Meuer VS.. G. NJ. 81 st. p. Ry. Co., 20
Northwestern S23.
Owen va. b. G. X. d n. Ry. Co., 10
Northwestern 302.
Erpenback VS.. c. M. 81 ST. r. Ry. Co.,
70 Northwestern 923.
Schimke VS.. c. NJ. & st. p. Ry. Co.,
70 Northwestern 95l.
Haukland VS.. NJ. st. L. Ry. Co., IS
Northwestern 95S.
In order 10 briefly show the extremity
to which these TRADUcERs OF CHARACTER
are driven, we refer TO d few of the cases
cited in their circular and relied upon by
them 10 establish the infamy Of Judges
Fuller and Haney.
FALsEHoop NO 1.
The first case relied Upon is that of
Saunders vs.. C. &. n. w. Ky. Co., 6 South
Dakota 40; opinion by Judge Keilam,
fled October 2, 1894. 1t was well known
to the authors Of the circular, because 1T
APPEARS FROM II OPINION ITSELF that
JUDGE FULLER TOOK NO PART IN IL nE-
crsroy OF THIS CASE and JUDGE HANEY
AT II TIME WAS NOT A MEMBER OF THE
COURT, having been appointed some TWO
YEARS LATER.
FALsEHooD NO 2.
Another csse, relied upon By the Popu-
lists, In their circular, To make IL appear
that the trend of the decisions has been
changed in favor Of corporations since
Judges Fuller and Hsney became MEM
bers Of the conrt, il that Of Cronk vs.. G.
NJ. e. 81. p. Ry. Co, 8 South Dakota 90.
This case was finally determined and the
opinion filed on the I'd day OF June, 1892,
| about TWO YEARS PRIOR TO II APPOINT
MEST OF JUDGE FuILRR \ FOUR YEARS
| rRIoR TO THE APPofSraEST OF JUICE
HAgEY.
FALsEHooD 20 3.
Another case which the Populist COM
| mittee cite in their circular and rely
upon, az a reason why Judges Fuller and
Haney should not he ~r.-eleeted, IL that Of
| Une vs.. G. NJ. & 81. p. Ry. Co., 8 South
Dakota 563. The record shows that this
case was finally determ n'd and the opin-
ion fled February "a, iea3 or about Is
YEAR REFoRE THE A~psorSTNEST OF
rrf,.. Rt.ffFn zad at4tlt THREE YEARS