The pioneer press. (Miller, Hand County, S.D.) 1893-190?, 1899-11-02
PETTIGREW'S IDEA OF
A CLEAN CAMPAIGN
Populist Perfidy Proven---Array of Facts
Fully Sustained By the Records.
IIANEY.
FALsEHooD NO 3.

FALsEHooD NO 3.
Another ease which the Populist com
mittee cite in their circular and rely
upon, as a reason why Judges Fuller and
Haney should not he re elected, is that of
Une VS.. G. NJ. d st. p. Ry. Co, South
Dakota 563. The record shows that this
case was finally determined and the opin-
ion filed February "a, 1898, or about ONE
YEAR REFoRE THE APPOINTMENT OF
JUDGE FULLER and about THREE YEARS
BEFORE TIE APPOINTMENT OF JUDGE
HANEY.
FALLEHooD NO. 4.
Another of the astounding falsehoods
in this remaikabc circular is that found
under the heading killing Stock" where
it is stated: Under the rules i'm the
Lighthouse case it would be possible to
recover for stock killed BY trains, but
when Fuller was appointed the railroad
companies assaulted these rules and in
the case OF Hebron w. G. Nj. & st. Z. Ry.
Co. "a South Dakota 53S) secured modi
| fication of them"
| This case, also cited in the circular Us
"an extraordinary change made ly on"
| present court to favor railway cOmpaLi S."
was argued and submitted 10 the supreme
court WHILE JUDGE FULLER WAS JUDGE
OF THE SIXTH JUDICIAL CIRCUIT, and was
I finally passed upon and the o'-inun
| handed down and filed on the 18th day of
January, 1894 just TWO DAYS BEFORE HIS
, APPOINTMENT as member of the SUI
preme court and TWO YEARS BEFORE THE
APPOINTMENT OF JUDGE HANEY, which
fact was well known to their traducers.
rArSEunnn Nn
This falsehood. as disclosed by the cir
cular, is based upon the case of State VS..
G. M. q st. p. Ry. CO., South Dakota
261. This case was finally disposed of
and the opinion handed down and filed
on the LIST day of November, 1893, TWO
AND HALF MONTHS BEFORE THE APP
PoINTMENT OF JUDGE FULLER and TWO
YEARS BEFORE THE APPOINTMENT OF
JUDGE HANEY.
FALsEHooD NO 6.
Another SANDER circulated by, and for
the benefit of, the fusion candidates re-
lates to the case of Stone vs.. c. M. & st,
L. Ky. Co., 3 South Dakota $780, In this
case the opinion was filed October Is,
1892, or MORE THAN TWO YEARS BEFORE
THE APPOINTMENT OF JUDGE FULLER AND
MORE THAN FOUR YEARS BEFORE THE AP-
PoINTMENTpF JUDGE HANEY.
sFALsEHooD NO Z.
The cast~Uf Meuer VS.. c. M. g. st. p.
Ry. Co., s South Dakota 568, is also cited
by the Populists as case in favor of the
railroad companies. The record shows
the contrary; that the case was sent back
for new trial to the circuit court be-
cause Mr.. BENNETT, then an attorney for
the plaintiff and NOW candidate on the
fusion ticket for supreme Judge, BLUND-
Erred by failing to introduce proof as to
the law OF Wisconsin, governing common
carriers, and the supreme court was COM
PEELED to hold under rule of law, as
well established as the hills, that, in the
absence of proof to the contrary, the law
of foreign state would be presumed to
be the same as ours. The case was re-
tried, Mr.. BENNETT CORRECTED HIS MIS-
TAKE under the direction of the supreme
court, and when the case was then APP
pealed to the supreme court by the rail.
way company the SUPREME COURT DE-
CIDED AGAINST THE RAILWAY COMPANY.
FALsEHooD NO. 8.
The scurrilous circular aforesaid fur
Their specifically alleges that Judges Full.
Ter and Haney were subject to the un-
due influence of w. b. Sterling, attorney
for the c. & N. w. Ry. Co., and A. b.
Kittridge, attorney for the G. Nj. & st. p.
Ry. Co. The record shows that since the
appointment of Judge Fuller, Mr.. Ster-
ling had only one railroad case before the
supreme court, viz: Alt VS.. c. & N. w.
Ry. Co., South Dakota 20, and that was
decided against the railroad company,
and the opinion was delivered by Judge
Fuller. The record also shows that dur
ing said time Mr.. Kittridge had six rail
road cases before the supreme court, and
three of these were decided against the
railroad corporations.
1t has been specifically shown that in
cases cited the trainers of the fusion cir
cular have been guilty of DELIBERATE
FALsEHooD AND MISREPRESENTATION, and
what they have done in these cases they
have done in the entire list cited in their
infamous publication, either by falsify-
Ing the connection of the judges with
the cases or by misstating the substance
of the decisions.
The scurrilous circular to which atten-
ton has been called has been scattered
broadcast by Mr.. Kidd, chairman Of the
fusion party, and by various irresponsible
characters. What must the honest, inde-
pendent citizen argue from so open and
bare faced compilation of lies as the
circular which has been published with
the sanction of political party and is
being circulated to ruin the reputation
and bring obloquy opon judges who have
been upon the bench of this state since
statehood and whose character in public
and private life is above reproach?
The present campaign is one of ire
m a inn. re. ga l.,,~ l.
state. The Republican nominees for
judges of the supreme court are men
who command the confidence and respect
OF everybody for their ability as jurists
and for their unblemished character az
citizens. They are men who heretofore
have served the people with great ability
and have done honor to themselves and
the state. They deserve reelection by
large majority.