Dakota farmers' leader. (Canton, S.D.) 1890-19??, 1899-11-03
THE SUPREME COURT:

The republican ANSWER is shown
to be mass of lies. 4
The republicans seem to have en-
ployed j. Tomlinson, Jr., to draft a re-
ply to the union committees arraign-
ment of the present supreme court.
His only qualification for the job seems
to be that he holds the position to
which he was elected by the legislature
in 1897, Of chief liar of South Dakota.
The union committee did not at
tempt a full review of the work Of the
supreme court. Time was too short.
1t did not refer to the infamous Taylor
case. It did not rake up the Gardner
case, a rotten decision under which Full
Ter was appointed full term of six
years and Haney for four years, in the
face of constitutional provision that
judges shall be elected. It did not
mention the numerous political cases.,
notably the Brown County commits
sioner cases, two of which were held
two years and then dismissed on tech
nacalities, and the third held four
years permitting a republican inter-
looper to serve out three years term
while the man who was elected awaited
a decision from Haney. The circular
aimed only to present those cases which
established new rules Of law for the
benefit of corporations and limited this
to the last six years. All of the cases
quoted were decided by some OF the
present judges. Two of those quoted
were decided by Corson before Fuller
was appointed and two more by Corson
and Fuller before Haney'sappointment.
But J. Tomlinson, Jr. says. "The
whole campaign against the supreme
judges was based upon the proposition
that half dozen cases were decided
in favor of the railroads, this fact be-
ing distorted to mean that the corpora
tions own the court Now it developes
that all these cases were decided before
either Judge Fuller or Judge Haney
came to the bench, while the pop cir
cular itself testi6es to the honesty of
Judge Corson. Like most slander
campaigns this one had kicked back.
1t is unnecessary for any rea-
der to take the word of our.
selves or Of J. Tomlinson, Jr. Our
first circular quoted every decision
criticised and it may be found in the
1,ool,o thu ,,oooa 1rofo6
The Saunders case is denounced as
"Lie No. l." This we stated was de-
cided by Judge Fuller IN the Circuit
bench and that he was on the supreme
bench when the court affirmed his di-
cision. This is true, as can be seen by
any one who will look at the record
And it was this circuit dicision that led
to Fullers appointment to the supreme
bench on the recommendation of the
railway attorneys.
The Cronk case SO. D. 93) and the
Uhe case q S. D. were by Judge Cor
son. We never stated these cases were
by Judge Fuller, yet as be has since
sat on the bench and affirmed them he
is party to these decisions.
The Hebron case we stated distinctly
modified the Lighthouse case rules
This was by Corson, but the Harrison
opinion (6 S. d. which as We stated
practically nullified these rules" was
by Corson and Fuller concurred. They
were finally buried in the Keilbach
case (7S N. w. 951) in which both Full
Ter and Corson took part and in the
Lewis case Il S. D. 1889 in which Fuller
wrote the opinion. These facts were
stated clearly in our circular.
Judge Corson was the guilty party to
whom we referred to in the State case
"A S. D. 26D as he wrote this opinion,
and the Stone case g S. D. 330). It
will thus be seen that J. Tomlinson, Jr.
is proving too much. He has simply
shown that Judge Corson is tarred
with the same stick as Fuller and Han
ey and by making this proof he at the
time proves himself liar when he says
this committee admits the honesty OF