davidaulloa/AmericanStories huggingface dataset:
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15

Editor independent: Today (De-
cember s. is the first anniversary of
the old guard of populism enrolment.
One year ago today mailed out $50
circular letters explaining the objects
of the enrolment. to a selected list of
names, and awaited results. My cash
book shows three enrollmentS on De-
cember s. with $1.25 in contributions;
the next day seven enrolled and gave
$2.85; December 10, nineteen enrolled
and contributed 81. In one week had
$2377 from fifty contributors. And so
on. l need not go all over this now,
as it was reported in detail in The In
dependent each week for many weeks
That selected list of names was not
secured by picking out the major gen.
esals of populism. had been for ne"r-
ly year keeping list of populists
who had sufficient "sDunk'' to write
about popuiism to The Independent,
the Missouri World, the Southern Mer-
curry and one or two smaller papers. /
figured that man interested enough
ito write for publication to his fayorite
paper would be interested enough to
answer an inquiry looking toward the
revival of his party-and that was
one time guessed right But included
also in the list the members of the
Butler" national committee-and
guessed wrong that time, for very few
of them answered, and the ones who
did grcwled good deal.
The printing and postage on that
first $50 letters cost $32 My record
shows that .he enrolment was self
sustaining after the third week; that
is, by counting my own time as moth
ing. In other words, | could get
enough from day to day, to pay print
ing bills and buy postage stamps, #
/ did all the work myself; but never
could bring it to the point of paying
clerk hire. Possibly, however, was a
little too "old-maidish" about the WORK
lit was to be permanent record and
wanted it wei done. A cheap clerk
couldn't do the work as I thought it
ought to be done-and | couldn't af-
ford to hire competent clerk. So
sat up nights with the Old Guard of
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15

were aSsailed, could direct his chan
cellor to use any or all the machinery
of his court to protect those prerog-
atiyes. So the people Of Colorado, not
as political corporation having prop
erty rights to protect, but as political
sovereign having prerogatives to con-
serve, can come into the supreme court,
as tribunal of original jurisdiction
invested by the constitution with the
power, among other things, to grant
injunctions, and demand an injunction,
not for the protection of a candidate
in any property right he may have in
the Office, nor for the protection Of
state property Of any kind or in any
way, nor because there is no other ade-
quate relief; but solely for the con-
servation of the kingly prerogatives
which American states derive from the
common law Of England-and lis
without regard to the fact that the
act enioined may be crime. Upon
the plea, then, that the debauching and
Justification of the suffrage is de-
structive of the prerogatfyes of the
people of state entitled to republi-
can form of government
A bill in equity was presented to the
court and an injunction was granted,
based on tie principles set forth In
that argument. When court in these
United States claims for itself all the
prerogatiyes of an unlimited monarch
the prerogatives Of king of feudal
times-it has only exyen0ed the prin-
ciple of government by injunction one
step farther. If the principle is right
the action Of the Colorado court is
logical.
This action of the court brings un-
der it and subject to it's control the
co-ordinated branches of the govern
ment. 1t can issue injunctions COM
manding the obedience of the executive
and legislative branches of the gov
ernment. The court with its sskingly
prerogatives" will be the real govern
ment. Elections will be legal formali-
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15

| ties and over them the court has as
Sumed absolute control. There can be
no appeal from the supreme court. II
it sends a man to jail without trial
by jury, fines him or imprisons him
in the penitentiary, that is final. There
is no way to escape from such gov
ernment except by force and armed
revolution. The court will count the
ballots il another election is held,
throw out such ballots as 1t pleases,
declare who is elected. and those SO
elected will get down and lick the feet
of the power that has placed them In
office, just as men have in all ages OF
the world.
This talk of armed resistance Of
such program in Colorado is the nec-
essary result of such action by the SUI
preme court of the state. If man
who has received on the returns of
the regular officers appointed or elect
ed to supervise elections over 10000
majoriy can, by the action of the court
from which there is no legal and peace
full appeal, be deprived of the Office,
then as in all the ages past where such
injustice has been done, there will nat
urally be an appeal to arms.
Such result has been continually in
dicated as the outcome of govern
ment by Injunction" ever since the
courts started on that line Every
lawyer knows that the whole proceed
ure of the courts has been changed in
the last few years. Whoever heard be-
for the advent of the Grover Cleve-
land invasion of Chicago of court
issuing an injunction forbidding a man
to commit a crime? The law was on
the statute book and every man was
presumed to know the law. II he vio-
lated it he could be arrested. He was
presumed to be innocent until he was
proved to be guilty. He had a right
to trial by jury. The court was not
allowed to say that he was guilty.
Twelve good men had to be convinced
that the man was guilty beyond q rea-
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15

arranged as often as necessity requires.
A little care will bring them all In
place.
Upon the back of each individuals
card is noted every cent contributed by
him to the national committee, giving
date and our receipt number, If any;
also any other important data. Where
we send out numbered letters (and
nearly all go that way now, the num-
ber is placed on the individuals card.
When his reply comes in. small
check mark is made after the proper
number. Accordingly, when the work
is all up to date, glance at the cards
will show wha. populists are likely to
answer important letters and what
ones are not. 1t is not matter of
guess workout of record. We know
the populists who pay no attention to
letters sent from national headquarters
and those who do-and we have 1t all
down in "black and white" so our
successors will not need to waste much
postage finding out what we have al
ready learned.
larger amount of work with less money
than any other national committee.
Chairman Ferriss is authority for the
statement that the socialists expended
a hundred thousand dollars and re-
ceived about six hundred thousand
votes-a cost of over 16 cents to the
voter. The prohibitionists expended
about 20 cents for each voter. And the
republicans and democrats each paid
out more than dollar for every vote
cast for Roosevelt or Parker. Assum-
ing that Watson and Tibbles received
1000 votes (and l believe they did),
our entire campaign, including the un-
paid bills at headquarters, cost less
than 11a cents to each voter. Mr.. Wat
sons own expenses were paid by him
like three thousand
dollars more. Hence, counting both
together, we got along with three cents,
where the socialists spent Is, the pro-
hibitionists 20, and the republicans and
democrats over dollar each.
The work of card indexing Is going
right along. We have all the state and
county guide cards in place. Each card
shows the vote cast for president in
1900 and will show the vote cast in
1904, as soon as we can get the official
returns. 1t will be possible then to
take up a given county, analyze the re-
suit, and determine whether it is worth
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15

while to spend much time trying to
organize it. While. we do not intend
to abandon any locality, yet our object
will be to develop most In the localities
where we can make our strength felt.
Wherever pOpulist clubs can be organ
lied, this should be DONE But clubs
will not do we'll in all places, and In
these we must look after the individual
and get him enrolled at headquarters.
The church, the fraternal lodge, End
other organizations have the right-of-
way in some places to the exclusion IT
the newer circles, and in these local
tiles it will be difficult to make head
way with ii populist club.
To keep the work going, we should
have something like $500 to $40O each
month for postage, printing and cleri-
cal work. This is more than one Or
two-or half dozen men-should be
called upon to pay; but il every popu-
list who now holds one of our rum
bered envelopes would enclose dol-
lar bill to aid in the new work. we
would have plenty to clear up our old
indebtedness and keep the work going
tionists paid practically all their CAM
paign funds themselves; SO did the
|populists; but everybody was compelled
to help pay for the republican nd
democratic campaigns, by paying trib-
ute to the trusts who furnished the
cash directly.
Long live the Old Guard of Pon1isml
In this campaign nearly all the effec-
tive work, the good, true, lasting work,
was done by those who were early to
enroll. l could name them by the hum
dreds, but it is not necessary now. A
year ago we started with nothing. Our
card list, when it is all arranged for the
new work, will contain nearly 10000
names; year from now we want 1T
to have at least a hundred thousand -
a hundred thousand radicals who will
keep ON fighting until the victory is
finally won.
CHARLES @. DE FRANCE.
Joliet, Ill.
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15

The conduct of the supreme court of
Colorado is attracting the attention
OF the lawyers both in this country and
In Europe. 1t has appeared from time
to time in the news dispatches that
the Colorado supreme court has con-
stituted itself, as it were, returning
board to canvass the Denver election
returns and, In connection Herewith,
to ferret out and punish frauds on the
franchise. But just how the court got
into this extraordinary position Is not
generally known, and should be mat
ter of interest to all American citizens,
as 1t certainly Is to lawyers.
The action of the Colorado court is
only the logical outcome of the new
ASSUMPTION of authority by the judges,
pOpularly known as government by
Injunction" and will end in the COM
plete transformation OF our govern
ment. It began with Cleveland and the
work of the courts in the Deb's case
and has grown with what it fed upon
ever since. Sometimes it rises to a
threat against the defenses set up in
the constitution to preserve the liber-
ties Of the people, and sometimes de-
scends to tn ridiculous, as in the case
recently reported in the newspaper
where a judge issued an injunction
against a woman to prevent her talk
ing too much.
In this Colorado case, where the SUI
preme court has constituted itself a
returning board, created hundreds of
Offices not known to the law or the con-
stitution of the state, and appointed
many men to these offices, paying them
large salaries, under the name of
watchers for the Supreme Court" the
whole thing is based on an injunc-
tion. A lawyer went before the SUI
preme court asking an injunction and
the FOLLOWING Is the argument that he
made:
"The king when his prerogatiyes
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15
Situation
In Colorado

sOnable doubt. His punishment was
fixed within narrow limits by another
body of men--the legislators.
All that. the courts changed. The
judge could make a thing crime that
was not so declared on the statute
books. The man could be presumed
to be criminal before he had ever
been hauled before the court and the
judge could issue an order forbidding
him to do certain things that had not
been made crimes by the lawmakers.
Ii the man did those things. he could
be arrested without a warrant and
without an indictment and brought
before the Judge. There he could be
tried by the judge without jury and
the judge could infiict any punishment
he saw fit. No law maker had pre-
scribed or limited the punishment. The
Judge exercised the "prerogative Of
a king" and he inflicted such punish
ment as he saw fit
The old rule was that an Injunction
could not issue where there was
remedy at law. II man committed
a crime there was a remedy In the
criminal law. Exercising this pre-
rogatlve OF king" the courts have
forbidden men to preach the gospel,
to distribute bread to the hungry. to
walk on the public highway and now
have taken charge OF the election re-
turns and are counting the ballots
themselves.
II we are to have king. let us havo
one. Do not let us have triumvirate
Of corporation lawyers VINO have been
elevated to the bench assuming
"kingly prerogatiyes.
The situation in Colorado is only !
warning Of what is coming. II that
court does what the newspapers say It
intends to do. it only pressages what
Is IL store for the people OF this coun-
try: submission to the "kingly pre-
rogative" or armed resistance.
Coming events cast their shadows
|LefOrt."
The independent. [volume] (Lincoln, Neb.) 1902-1907, 1904-12-15
Watson Vote In New York City

Editor Independent: Watson vote in
New York city, official count, just COM
pleted, 1910 Will write fully when en-
tire state count is completed.
M. G. PALLISER.
New York. N. Y.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1904-10-06

That the official ballots to be used at
said election shall have printed thereon
the words: "For the proposed amend
.ment to Article 303 of the Constitution
of the State Of Louisiana, relative to
pensions for Confederate Veterans, "and
the words: "Against the proposed
amendment to Article 303 of the Con-
stitution of the State of Louisiana, rel
ative to pensions for Confederate Vet
erans," and each elector shall indicate,
as provided in the general election laws
Of the State, whether he votes for or
against the amendment.
r. H. SNYDER,
Speaker of the House of Representatives
P. M. LAEBREMoNT,
President pro tempore of the Senate.
Approved July 4, A.zD. 1904.
NEWTON G. BLANCHARD,
Governor Of the State of Louisiana
A true copy:
JOHN T. MICHEL,
Secretary OF State.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1904-10-06

By Mr.. Henriques.l House Bill No. 141.
JOINT RESOLUTION
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1904-10-06
PROPOSED AMENDMENTS
Constitution
70 be Voted for at an Election to be Held
Tuesday, November 8, 1904.
Act No. II.

Act No. II.
BY Mr.. Pearce.l House Bill No. "a.
JOINT RESOLUTION
Proposing an amendment to Article 255
of the Constitution of the State of
Louisiana relative to the removal of
the limitation on appropriations for
the maintenance and support of the
Louisiana State University and Agri-
cultural and Mechanical College.
Section /. Be it resolved by the Gen.
eral Assembly of the State of Louisiana,
two-thirds of all the members elected to
each house concurring, That Article 255
OF the Constitution of the State of LOU
isiana be amended so as to read as fol-
lows:
Article 255. The Louisiana State
University and Agricultural and Me-
chanical College, founded upon the land
grants of the United States to endow a
seminary of learning and college for
the benefit OF agriculture and mechanic
arts now established and located in the
city of Baton Rouge, is hereby recog-
nized; and al revenues derived and to
be derived iron, she Seminary fund, the
Agricultural AID Mechanical College
10s
or to be donated by the United States to
the State of Louisiana for the use Of a
seminary Of learning. or OF college fol-
the benefit OF aglic or the me-
chanic arts shall be appropriated ex-
clusively to the main. .e.aance and support
Of said Louisiana State University and
Agricultural and Mechanical College
and the General Asse nbly shall make
such additional appropii i atoms as may
be necessary fer it's maintenance and
support and improvement, and for the
establishment, in connection with said
institution, of such additional SCIENTIFIC
or literary departments aa the public
| necessities and the well-beiLg OF the
people of Louisiana may require.
The Tulane University of L Louisiana
| located in New Orleans, is het eoy rec.
ognized as created and to be developed
in accordance with the provisions vi the
legislative act, No. 45, approved auly 5
1884, and by approval Of the electors
| made part of the Constitution Of the SKA te
Sec, 2. Be it further resolved, &c.
That said proposed amendment be sub
mitted to to the electors of the State %
Louisiana for their approval or rejeo
ton, as required by Article 32i of the
Constitution of Louisiana and the gen
eral election laws of the State at the
Congressional election to be held in this
State in November, 1904.
R. H. SNYDER,
Speaker of the House of Representatives
/ P. M. LAMBREMoNT,
President pro tempore OF the Senate
Approved June II, A. D. 1904.
NEWTON C. BLANCHARD,
/ Governor Of the State Of Louisiana
A true copy:
| JOHN T. MICHEL,
Secretary of State.
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1904-10-06

electors of the State for their approval
or rejection, at the Congressional cleo
ton to be held on the first Tuesday next
following the first Monday in November,
1904, amending Article 46 of the Con-
stisution so as to read as folloWs:
Article 46: The General Assembly
shall have no power to contract, or to
authorize the Contracting of, any debt
or liability, On behalf of the State; or
to issue bonds or other evidence of in
debtedness thereof, except for the pur-
pose of repelling invasion, or for the
suppression of insurrection; provided.
that for the purpose of acquiring school
sites, and the purchase or erection Of
school houses and buildings and their
equipment, in aid of the States system
of public education, the General Assem-
bly,, elected in April, 1904, is given
authority to issue and direct the dispo-
sition of one million dollars of bonds Of
the State, running for period not ex-
ceeding twenty five years from the date
or their issue, bearing a rate Of interest
not exceeding per, cent per annum;
payable semi annually, which bonds
shall be exempt from all taxation, and
in order to render this exemption the
AieiC CA1CCoudA, IAC pdi NbluO VI d1ly SuCIl
bonds shall be deducted for all purposes
of taxation from the aggregate value of
the capital or shares of any bank or
other financial institution, or corpora
tion holding said bonds for period Of
over six months, prier to the 1st day of
January, in the year for which the tax
assessment is made.
Sec. 2. Be it further resolved, etc.,
That the official ballots to be used at
said election shall have printed thereon
the words: "For the proposed amend
ment to Article 46 Of the Constitution,
relative to bonds in aid of the States
system of public education," and the
! words: against the proposed amend
ment to Article 46 OF the Constitution;
relative to bonds in aid of the States
system of public education;" and each
elector shall indicate, as provided in the
general election laws of the State,
! whether he votes for or against the
| proposed amendment.
R. H. SNYDER,
Speaker of the House of Representatives.
J. Y. SANDERS,
| Lieutenant Governor and President of
the Senate.
Approved June %, 1904.
NEWTON G. BLANCHARD,
Governor of the State of. Louisiana.
A true copy:
| JOHN T. MICHEL,
| Secretary OF State:
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1904-10-06
Act No. 1872.

ACC NO 1s1SS
BY Mr.. Barrett Senate Bill No. 1923.
AN ACT.
Joint resolution proposing amendments
to Articles SO, SO, 100, fO6 and f31, and
the Constitution OF the State Of LOU
isiana relative to the judiciary De-
partment.
Section 1. Be it resolved by the Gen.
eral Assembly of the State of Louisiana,
two-thirds Of all the members elected to
each house concurring, That Article IS
of the Constitution Of the State of
Louisiana be amended so as to read as
follows:
Article S3. The Courts of Appeal, cx-
cept as otherwise provided in this Con-
stitution, shall have appellate jurisdic-
ton only, which jurisdiction shall ex-
tend to all cases, civil and probate, when
the matter in dispute or the fund to be
distributed shall exceed $100, exclusive
of interest, and shall not exceed $1,000,
exclusive of interest, and such appeal
shall be upon the law and the facts.
Sec. 2. Be it further resolved, ETC.,
That Article SO of the Constitution of
the State Of Louisiana be so amended
as to read as follows:
Article 80. The Courts OF Appeal shall
consist of three judges each. They shall
be citizens of the United States and
qualified electors of this State, learned
in the law and shall have praeticed law in
this State for six years and shall have
been actual residents of the district from
which they are elected or appointed for
at least two years preceding their elec-
ton or appointment. They and the
judges of the Court of Appeals for the
Parish of Orleans shall each receive a
salary Of not less than S4 GOO per annum,
payable monthly on his own warrant,
| and the Legislature shall make adequate
appropriation to pay the same.
Sec. 3. Be it further resolved, etc.,
| That Article 100 of the Constitution OF
| the State of Louisiana be so amended
| as to read as follows:
| Article 100. Exclusive of the parishes
whose appeals are returnable to the
Parish of Orleans, the State shall be di-
1 vided into two circuits to be subdiyided
Until otherwise provided by law, the
parishes of East Baton Rouge, West
Baton Rouge, Livingston, Tangipahoa,
| Washington, ST. Helena, Pointe Coupee,
Iberville, ST. Mary, Terrebonne, As
sumption, Lafourche, Ascension, Cal
casieu, Cameron, Vermilion, Lafayette
Iberia, St. Martin, St. Tammany
Acadia, East Feliciana, West Feliciana
st. Landry and Vernon shall compos,
the First Circuit and be known as th'
"Court OF Appeals First Circuit, Stat.
i of louisiana" and the parishes o
Caddo, Bossier, Webster, Bienville
Claiborne, Union, Lincoln, Jackson
Caldwell, Winn, Natchitoches, Sabine
DeSoto, Red River, Ouachita, Richland
!, Franklin, Catahoula, sConcordia, Ten
! sas, Madison, East Carroll, W1st Car
The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1904-10-06
Act No. 123.

1ACC We A@Os
By Mr.. Marks.1 House Bill No. 341.
JOINT RESOLUTION
Proposing an amendment to Article 249
of the Constitution of the State of
Louisiana relative to the Office Of State
Superintendent of Public Education.
Section 1. Be it resolved by the Gem
eral Assembly of the State of Louisiana,
two thirds of all the members elected to
each house concurring, That Article 249
Of the Constitution of the State OF
Louisiana be so amended as to read as
follows:
Article 249. There shall be elected by
the qualified electors Of the State q
Superintendent Of Public Education,
who shall hold his Office for the term OF
four years, and until his successor is
qualified. His duties shall be prescribed
by law, and he shall receive an annual
salary of $1,000. The aggregate annual
expense Of his Office, including his sal
ary, shall not exceed the sum of S4 600.
Sec. 2. Be it further resolved, etc.,
That this proposed amendment shall be
submitted to the qualified voters of the
State for adoption or rejection at the
Presidential and Congressional election
to be held in November, 1904, and that
if adopted, the same shall take effect on
the 1st day of January, 1905.
Sec. 8. Be it further resolved, etc.,
That on the official ballots to be used al
said election there shall be placed the
words; "For the proposed amendment
to Article 249 of the Constitution Of the
State of Louisiana and the words
against the proposed amendment to
Article 249 of the Constitution of the
State of louisiana and each electol
shall indicate. as provided in the gen.
cral election laws of the State, which o.
the propositions for" or "against he
votes for.
r. H. SNYDER,
Speaker of the House of Representatives
P. M. LAMBREMoNT,
President pro tempore Of the Senate
| Approved July 6, A. D. 1904.
! NEWTON G.. BLANCHARD,
Governor of the State Of Louisiana
A true copy:
JOHN T. MICHEL,
Secretary Of State.