Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1899-11-02
PETTIGREW'S IDEA OF
A CLEAN CAMPAIGN
Populist Perfidy Proven--Array OF Facts
Fully Sustained By the Records.
FAI.LKHoop So. 4.

la this remarkable circular is that found
under the heading killing Stock" where
ii Is stated. "Under the rules in the
Lighthouse case ii 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 VS.. C.. VI. & 81. \. Ry.
Go. "a South Dakota 53S) secured a modi-
ication Of them"
/ This case, also cited in the circular as
"an extTaordinary change made by cur
| present court 70 favor railway companies"
was argued and submitted 10 the supreme
cour WHILE JUDGE FULLER WAS JUDGE
OF THE SIXTH JUDICIAL CIRCUIT, and was
finally passed upon and the opinion
handed down mi led on the 18th day OF
January, 1894, just Two DAYS BEFoRE HIS
APPOINTMENT as a member or the su-
preme court and TWO TEARS BEFORE THE
APPOINTMENT OF JUDGE HANEY, which
fact was well known To their traduceTs.
FALsEHooD NO.. 5.
This falsehood. as disclosed by the cir
cular, Is based upon the case Of State VS..
g. NJ. Il St. =. Ry. Co., 4 South Dakota
PSI. This case was finally disposed of
and the opinion handed down and fled
on the 1st day of November, 1893, TWO
AND A HALF Months EFoRE II AP-
PorSTMEST OF JUDGE LIE and TWO
EAR BEFoR THE APPOINTMENT oF
JUDGE N
FALsEHooD no 6.
| Another SANDER circulated by, and for
the benefit Of, the fusion candidates re-
lates TO the case of Stone VS.. G. NJ. & st,
p. Ry. Co, 3 South Dakota $50. In this
case the opinion was filed October Is,
1892, or NOR THAN TWO EAR BEFoRE
THE APPOINTMENT OF ULLER ANIL
MORE THAN -FOUR YEARS BEFORE II APP
PoIsTMEST OF JUDGE HANEY,
FAIsEHoop NO Z.
The case of Meuer VS.. C. VI. & St. p.
Ry. Co., 5 South Dakota SOS, Is also cited
by the F1rnlists as a case in favor of the
railroad companies. The record shows
the contrary; that the case was sent back
for a new trial to the circuit court be-
canse MR. BENNETT, then an attorney for
the plaintiff and NOW a candidate on the
fusion ticket for supreme judge, BLUND-
Erred by failing to Introduce proof as to
the law of Wisconsin, governing common
carriers, n the supreme court was con-
PEELED TO hold under a rule of law, as
well established as the hills. that, in the
absence of proof TO the contrary, the law
OF a foreign state would be presumed TO
be the same as ours. The case was re-
tried, Mr.. BENNETT CORRECTED HIS MIS-
TAKE IND the direction of the supreme
court, and when the case was then ap-
peaied TO the supreme court by the rail-
way company the SUPREME COURT DE
/ cIDED AGAINST THE RAILWAY COMPANY.
FALsEHooD NO. s.
TIL ..n- - - -
ther specifically alleges that Judges Full
Ter and Haney were subject TO the IN
due influence of w. b. Sterling, attorney
for the G. d n. w. Ry. Co., and A. B.
Kittridge, attorney for the G. Ma 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.. G. & ". W.
Ry. Co., 5 South Dakota 20, and that was
decided against the railroad
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.
Ii has been specifically shown that in
cases cited the trainers of the fusion cir
cular have been guilty of DELIBERATE
FALsEHooD AND NEUTRALITY-SUSPICIOUS., 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 a compilation of lies as the
circular which has been published with
the sanction Of a 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 ~reproachf
The present campaign is one of tre-
mendous importance 10 the people of the
state. The Republican Eaminees 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 lone honor to themselves and
the state. They deserve a collection by
a large majority.