Sunday morning globe., 1901-11-10
A TARIFF dream
AS Told in AllegOry by Ralph
HOyt.
THE TRIAL AND CONVICTION
The Fair and lmpaha. Charge Of Tho Judge
The Points tho Learned Iurist Empha-
sized FOR The Consideration Of tho Honest
Jury l1at Tried Tho Case A Splendid
Relsw Oi ihs Subject

! seemed to be seated in a large
court room where a criminal trial was
in progress. / had entered the room
late and had missed hearing the evil
dence I'm the case. and also the argu.
ments Of the eminent attorneys. But |
was there in time to Rear the judges
charge to the jury and the verdict that
followed. It was apparent from the
large number of intelligent spectators
present and the intense interest with
which they listened to the proceedings.
that the case was one Of extraordinary
Importance. In answer to my whis-
pered question a bailif said IL was the
great case of The People versus The
Tariff"
Soon the venerable, dignified Judge
arose, and with manuscript i'm hand
proceeded TO read, i'm a clear. calm
voice his instructions TO the jury.
while every person in the crowded
room listened almost breathlessly.
Having a notebook and pencil in my
room, ] wrote down i'm shorthand soon
after wakening every word that fell
from his HOnor's lips. and have since
Transcribed them for publication.
They are as follows:
THE charge Of robbery against this
defendant The Tariff is a serious one,
and you, the jury, having listened at
tentivelv to the evidence and also to
the arguments of learned counsel on
eac- side. must soon take the case un-
der adyisement and eventually render
such a verdict as You may be able to
agree upon. You must decide whether
the accused is guilty or innocent of
rOhbing the people of vast sums of
money, aggregating many millions, by
a process of hOlhng mp his victims un.
der the forms of law. And SO, on be-
half of the people, ] give you these in
struetiOus
"If the jury believe that The Tariff is
a tax, that it is an unnecessary tax,
that unnecessary taxation Is unjust
taxation and that unjust taxation is
rObbery-that belief will point signifi-
cantly toward the duty of conviction.
If the jury further believe that no
moral law yet discovered justifes a
civil government I'm imposing burdens
on one class Of citizens to benefit an
other class that also should bear
strongly against the defendant-pro-
vided the jury have no doubt that
protective tariff does thus discriminate
I'm favor of one class and against an
other
"In the part Of the defendant the
court gives YOU these instructions: If
the jury believe from the evidence
that a tariff is not a tax on the peo-
pie. or that If it rs "a tax the foreigner
pays 1t anyhow. so that the American
people are never hurt or bit by it;
and that it is just, wise, noble and
Draieeworthy for a nation like the
United States to compel other nations
to pay our tariff tax for the privilege
of trading with ms; that a tax is some
times not a tax; that spade, though
generally a spade. may, under certain
conditions. De something else-as for
example, q pitchfork or a rattrap-if
the Jury believe these things you
should give the accused the benefit Of
such belief even though at the risk Of
exposing yourselves to the charge Of
imbeclhty.
III the jury further believe as urged
by counsel for the defence that a pro.
tective tariff is the will of God en-
acted into civil law. you should un-
hesitatingly acQuit the accused, and
the court will thereupon issue bench
warrants for the arrest Of all persons
engaged i'm this prosecution, on a
charge of conspiracy to defeat a decree
of the Almighty
III the jury believe that tariff laws
make high wages; that protected in-
..f H.r4
the benefit of every advance in the sell
ing prices of products consequent upon
increased import duties; that tariff
duties simultaneously make the same
goods dearer for the seller and cheap
or for the buyer; that men who can
safely be trusted to trade with each
other at pleasure and without legal
restraint within the boundaries Of the
United States. cannot be safely trusted
10 exchange products across an inter
national line-then the jury should ac
quit
And If the Jury further believe that
intelligent people who carry on inter
state commerce successfully. become
imbeciles and need the Intervention Of
a paternal government the momen
they began TO engage in internaticna
commerce the jury should find a yer
diet for the defendant
If the jury believe that the tradinl
instinct I'm man is a wicked and dang
erous instinct. that ought 10 be muz
zled by legislation; that custom house,
are schools Of morality rather thar
temples of perjury; that advocates o
tariff machinery never smuggle o
think of smuggling any foreign
bought goods into this country wher
returning from other lands; If you be
lieye thes things, then the tariff shoul
be acquitted.
"If you believe that though freodor
is natural and right and trade is ma
tural and right If these two factor
I'm civilization We're permitted TO com
together so as TO actually cOnstimt
free trade the result would be disa
trous TO the business interests OF th
country-if You believe these thing
you should unhesitatingly acquit Oh
accused.
"On behalf Of the people ] give 20
these further Instructions The juT
should not be misled by the fact thi
this country has made rapid grOwt