davidaulloa/AmericanStories huggingface dataset:
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
The Unwritten Code.

Recently it was announced that a mar
accused Of murder, whose trial ia to be
called soon, had retained a lawyer -fa-
nous for his knowledge Of the unwritten
law" Now an Ohio Judge has decided
that a woman is justified under the
unwritten law" in killing her husband
when, in a moment Of drunkenness, he
attempts to assault her. In the latter
case it is curious that the Judge should
have thought it necessary to go outside
the code to find justification for the
woman's act. Homicide committed in
self-defence is justified by statute in
all the States.
The Penal Code OF New York defines
four different kinds Of homicide, the
taking Of human life being either MUIR
der, manslaughter, excusable homicide
or justifable homicide. The last kind
is such homicide az may be committed
in obedience to the law, or in the lawful
defence of the slayer, or Of his or her
husband, wife, parent, child, brother,
sister, master or servant, or Of any other
person in his presence or company" or
sin the actual resistance of an attempt
to commit a felony upon the slayer, in
his presence, or upon o" in a dwelling or
other place of abode in which he is"
This is broad enough to cover all acts
committed in self-defence, and the statu-
tory provisions Of most Of the States
on this subject do not differ materially
from those Of New York.
The ~unwritten law" originated and
has been resorted to most frequently in
the defence Of men whose crimes were
inspired by wrongs done to their women.
1t has also been appealed to when women
have killed successful rivals for the az
fectiOns Of their husbands or lovers. In
such cases it has been the practice OF
those who sought its protection to stir
| the sympathies Of juries by appeals to
their chivalry. 1t ia interesting to watch
the effort to extend the field of its potency,
and it is pertinent TO ask whether, il toll
Grated as a defence in one class Of crimes,
it may not in time supersede the whole
written code.
The @unwritten law may be compared
fairly with the defence Of lynching that
rests on the plea Of "the one crime. =
The Apologies for lynching have long de-
clared that in certain GLASSES Of assaults
il was revolving and indecent to compel
the victims to appear In court and give
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
GERMAN COMPOUND WORDS.
A Dictionary Not Needed as Much as Pa
tIence 20 Understand Them.

To TIE EDITOR OF The SUN-Sir: There
Is in the letter Of you correspondent anenC
German compounds. who signs himself One
Who Know Both" 0anRuagesl. a delightful
bit Of unconscious humor in the last two SEN
fences. which read: " German ever needs
a dictionary to understand and pronounce
his mother tongue. Every word explains
itself"
He is right; every word does explain itself,
even the compound words. after one has
taken the trouble OF Strengthening out the
word, and, so to speak. putting the cart and
horse in their true positions.
How easy 10 IL, for Instance, for a German
tO pronounce the following word and imme-
diately understand It's meaning;
kurren zactien llschaftsburea
It ia 80 much easier than to have to say:
once OF the stock company which runs In com q.
petition with the salon screw steamers on the Lake
OF the -Four Cantons.
The German word hgures as a sign In Switzer-
land, and Is treasured l think in Mark Twain's
museum OF long German words.
Your correspondent says that German
IL the unmiXed and undefiled language of
a sin gle race. not a pathological ragbag OF ali
languages. like English Why, then, does the
German resort 20 three French words In the
compound cited above, namely. salon. kon-
kurrenz, bureau?
ONE WHO THINKS He Knows BoTH.
NEW YORK, October II.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
City Ma R~istrates.

The last third Of the ten years record
Of the Magistrates courts OF this town
indicates clearly that the police bench
needs recognizing again. One item out
Of many OF importance that is revealed
iii the last annual report OF the Board
Of Magistrates is sufficient to show
this. While there were 10000 more ar
rests last year than in 1895, the amount
Of fines collected was SIS, 900 less.
While it is true that an increase or a
decrease in the number Of arrests in a
given year is not always a real test OF
the efficiency Of the work of the Magis-
trates, but rather OF the Police Depart
ment, it is also true that the non-iDflic-
ton Of proper penalties for crime always
results in an immediate increase OF
offences. The records Of ten years show
not only a great increase in petty crimes
in the last two years, but an alarming
growth in the number of more serious
offences directly traceable to the fall
ure to punish adequately minor trans
gressions of the law. 1t has come to
pass that for the violation Of many laws
certain Magistrates practically infict no
punishment. Freedom TO violate some
of the city ordinances is turned into a
political asset for a district leader, be-
cause the district leader is more infu-
entail than the law with some Of the
Judges in inferior criminal courts.
No Office is in closer touch with the
people than the city magistracy. In no
place is there a greater need for personal
and official capacity and uprightness.
In no place is there greater need Of
probity and discriminating judgment.
The salary was put at $1,000 a year and
the term Of Office made ten years to at
tract good men to these offices. Instead,
the salary and the term have been an
attraction to cheap politicians Of medic
ere legal ability.
Within eighteen months there will be
five vacancies in the Board Of City Magis-
trates. A great opportunity awaits the
appointing power in filing these
cies. 1t will be a high public service If
it shall restore the police bench of this
city to the esteem it deserved and had
in the early years Of the new system, a
place from which it has been allowed to
fall.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15

testimony. The one crime Is the most
detaStablO possible infraction Ofthe rights
Of an individual, but experience has
proved that II illegal punishments are
allowed for IL they will be inflicted un-
justly merely on suspicion. and that they
will not be limited 70 the offence euphe-
mistically described blythe phrase.
Nothing could illustrate better the dan
gers OF d~eviating from the statutes OF the
State than the abuses that grow up where
the -unwritten law" and the one crime
are recognized al c for illegal
acts. In individual cases the law fails
sometimes OF exact justice, protects
wr~ongdoers, and works hardship on the
innocent and weak; yet in spite Of these
failings it's operation insures blessings
Of peace and security that the workings
Of hysteria and the government Of senti-
mentality could never attain. IL is clear
that the -unwritten law" is a most I'M
wholesome and dangerous addition to
the machinery Of civilized judicial proc
ess. The sooner its code ease to be
respected, the better it will be for the
people for whose benefit statutes are
enacted and courts maintained.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
Seeds, Not Drugs.

Even though the United States Dispensatory re-
fers TO asparagus as hAvina reputed medicinal quail
tiles and TO pumpkin seed as furnishing a remedy
for tapeworm. United States General Appraisers
Waite and Hay And themselves unable to rule that
pumpkin seed and aspa ragus seed are aromatic
seeds" or seeds Of morbid growth or that they
have a medicinal use OF sufficient magnitude 10
warrant their classification as drugs within the
meaning OF paragraph 5tS OF the tarln act Of 1907.
The unfortunate seeds In question must therefore
go the way OF all others, common and garden. and
submit to a 30 per cent. assessment, under para
graph 2A OF the same act, as seeds not specially
provided for.
Many table vegetables or the plants or seeds
producing them" argue the general appraisers,
contain medicinal principles and are mentioned
in the DispensatOry. such as lettuce rs ed. D. 772,,
celery %. 1907, potatoes ID. 4s7D, tomatoes 70. 1881
beans u. 1904. II would be opposed to common
knowledge and sound construction 10 claSs such
articles as drugs unless the particular substance
Imported was OF such variety, quality. condition
or stage OF growth as TO be unnt for its common
use and to be adapted TO the drug trade. This
was true OF the celery seed held 10 be a drug In
Clay. VS.. MagOne (40 Fed. Rep. 2SO). which was
not In such condition that Il could be sold for plant
ing purposes. We conceive that II mlgh ut also be
true OF lettuce after II had reached the period Of
lnnorescence. when II is unit for food and Yields
the drug known rs lactucarium ~ S. Dlsp, Is ed
D. TTg. We understand the importers to concede
that the asparagus and pumpkin seed In question
are Of the common garden kind. and Il IL nowhere
suggested that II would be lmpracticabl bic to put
the nftecn bags OF seed imported upon the market
and sell them for agricultural purposes"
The protests were accordingly overruIed and
the assessment OF the hOnOrabl collector Of Gus
toms Of the port OF New York afirmed.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
Some Uncommon People.

Denunciation of corporate rule fairly
screams in Mr.. HEARsT's letter accept
ing the nomination Of the Buffalo con-
vention, but his fame as a corporation
boss is steadily growing. 1t now APP
pears that the independence League is
a corporation controlled by a Hearst
directorate, with the veto power in the
hands Of the trust buster, so that the
rank and file Of the Independence League
party is impotent to make any nominal
tions, although many Of the well meaning
Leaguers are hopping mad with the
bosses judiciary ticket.
The present chairman Of the board Of
directors Of this political trust is one of
the Murphy-Hearst candidates for the
Supreme Court, Judge SAMUEL SEA-
BURY; he owes his nomination to the
promoter of the Independence League,
who is attacking Mr.. CHARLES E. HUGHES
hourly in twenty-four editions as a cor
poration tool, although in extras now
suppressed. and forgotten he praised Mr..
HUGHES for exposing corporate abuses
as counsel of Legislative committees.
The incorporation Of the league, which
was to free the Common Pee-pul from the
wiles Of political bosses and the sordid
tyranny of the trusts, must have been
an inspiration of the private attorney
who has constructed a wire netting of
legal fictions around the business of
his patron and who was slated for a
Supreme Court nomination until Mr..
HUGHES let in the light on the inter-
locking system Of Hearst incorpora-
tions. The Independence League is
the star achievement Of them all. It's
directors are surely very uncommon
peonle.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
Judge Taft's Achievement.

No more delicate and difficult business
in the field OF international politics has
ever been. transacted than that which
Secretary TAFT brought to a close when,
on Saturday, October -, ne took leave
OF Cuba, bearing with him the respect,
esteem and gratitude Of it's inhabitants.
Now that the work has been so quickly
and so well performed, we should in
Justice recognize the credit which it
reflects on the Administration which
conceived it, on the chief agent who has
carried it out, and or the reputation Of
the United States in foreign countries.
Here was a situation so complicated
that 20 deal with it and at the same time
evoid siding with one or the other Of the
hostile parties, and escape ven the SEM
blance OF violating u national promise
10 assure self-government to Cuba,
| seemed TO foreign onlookers out Of the
lQuestion. Here were the Moderates,
lwho, by methods more or less objection
able, had obtained control of the central
Government and Of most of the local
offices throughout the island. There, on
the other side, were the Liberals, who,
having failed, for Ue reason or another,
20 secur political success by constitu-
tional means, had resorted to insurrec-
tion. There, again, were the quiet,
honest, hard working citizens engaged
in agriculture, manufacturing or trade,
who desire nothing but peace and order,
and who hold themselves carefully aloof
from political strife, although the cost
Of It always falls upon them in the end.
Another point to be considered was the
Importance to ourselves of averting the
destruction of this years sugar and
tobacco crops, whereof we are the chief
consumers, and in the production Of
which, also, We have been to a large
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
BUFFS AND BLUES.
Antiquity OF COIOrs as Party Badges IN
English Politics.
from he London Speaker.

From me LOAdOH SptdkeFs
Party colors seem 20 have first sprung into
importance during the seventeenth century.
The Jewellers. we know. sported green as
their distinctive badge. and Buffers line
Twas Presbyterian true blue" gives us
another piece of evidence.
At this period. in fact. party colors were in
a sense literally borrowed from religion
Spalding says Of the Covenanting army that
there were few of them without a blue ribbon.
and that at the battle OF Boutwell, Bridge
their flag was edged with blue. while Dryden
confirms this in the title TO his "MacFlecknoe.
Thomas Shadwell."
the real title to be called true blues, and the
present traditional usage which assigns yell
low 70 the Liberals and blue TO the Conserva-
tives has reversed the old order. The change
was made. probably, at the time OF the Reyo-
luton settlement. Yellow was adopted by
the wings as a punni3s compliment TO- the
blue and yellow. which several important
Whig families accepted, survives to-day In
the cover OF the Edinburgh her'er:
Yet mark one caution ere thy next Rertep
Spread its light wings OF saffron and OF blue,
as Byron sang, and Trevelyanls lines in The
Ladies' in Parliament:
And bold the CARTONS False the shout -we'ra
carry the sans a~lluslon. Still, the final dis
a century later, when Fox copied Washing
toms uniform and habitually came to Vest
minister in his famous bun wRistcoat.
A scarlet waistcoat with gold buttons
then indicated an admirer OF Pitt, a bun
walstcoat a follower of Fox, and Jealous Whig
ladies would appear with foxes tails as a head
dress. From that time on the Blues and the
Bluffs have kept in the main TO their tradition.
The politicians at the Eatanswil elections
had no doubts about the matter. and other
writer's who described election scenes during
the last century were equally emphatic.
Brooke. of Tipton." who. as readers OF Md
dlemarch" will remember, was a moderate
reformer. felt his heart tolera bly, light under
his bun waistcoat." Again. In -Endymion"
We are told that the borough was suddenly
placarded with posting bills In colossal char
acters OF true blue, warning the Conservative
electors not 10 promise their votes. as a dis
tin guished candidate of the right sort would
certainly come forward"
A still more emphatic reference comes in
-Popanilla," in which Disraeli satiriZed mod
ern England under the name Of Vray Bleusia.
And IL enc last example may be quoted we
would ask our readers to fight over again
with us in ina g~ination those glorious election
scenes when Colonel Newcome, that cham
pion Of uncompromising federation. utterly
routed Sir Barnes for all his blue cockades
and brass bands.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
The Ind. IrabIene.s Of War.

To THE EDITOR or THE SUN-Sfr: or all the
letters in criticism Of my remarks about the ethical
value OF enlisted soldiers and marines OF a few
weeks since. the one signed IS. S." Is the saneSt
and least charged with bias and spleen. salute
IS. s." and thank him for his letter. as II proves
that there Is one person, at least. In this broad land
who Is able TO approach a popular subject without
bias and write about IL In a calm. rational manner.
! am aware that any person who crtticises tho
men Of the army and navy makes himself extremely
unpopular: no matter how JUSTIFIED he may be In
his criticism. The sentiment throughout the world
is largely in praise OF the nations nghting men.
But because this Is the popular sentiment II does not
follow that It Is the flower OF the best spirit Of tho
aKe-on the contrary, popular sentiment is apt 70
be OF questionable character. I agree with IS. s.
that the training a boy receives In a military school
Is nne and makes him agile and strong. and his
character Is better for the discipline. This train.
ing, supplemented by proper ethical and mental
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
WHAT SOCIALISM rs.
Public Ownership OF Railways Essentially
SOcIaIIstic.

To THE EDITon oP THE SCN-SiT; | must
beg 10 differ with Professor Goldwin Smiths
idea as promulgated in his letter to you which
you published October ~. that a movement
toward the public ownership OF railroads and
telegraph, &c, is not rightly termed social
istic." unless the act were TO be brought
about by conhscation."
l may say in the nrst place that nobody
who wishes public ownership Of railways
talks Of confscating them. the socialists least
OF all. When IL comes TO the partial socializa-
ton Of property like railways, the mere mat
ter OF whether they are conf1scated or bought
for a sum either greater or less than their value
Is thought by the Socialists Of no consequence
20 the working class. whose interests they
regard themselves as representing. The
parties who are Interested are those that
own property. II the State sh ould confs-
cate the railways. then 10 that extent Ia Xa-
ton would be lowered. the railway owners
would suffer. but the other property owners
would reap the benefit. The working class
having no property would be IN exactly the
no benefit TO them in the least TO conflscate
the railroad, nor could il hurt them 20 buy
tho railways at even an exorhitant price;
property. II the State takes over the rail-
roads by either contiscation or purchase IL
puts it into the hands Of the general public,
taxpayers and non-taxpay ers. Hence pub
lie ownership OF the railways IL essentially
a soCialistiC movement, although distinctly
not socialism, irrespective OF whether it is
accomplished by conhscation OF by purchase.
/ might also venture TO ~criticise Professor
Goodwin Smiths Use OF the word property"
In his phrase If property objects 20 forcible
transfer" Is not property that objects
or capitaI that objects or does anything.
IL is the property owner that does the object
ing. The phrase capital versus labor con-
tiOn that labor is against ca pital, or rather
that the socialist is against capital. Not at
all. The socialist is against the private own
ership of capital. but certainly not against
capital itself. AYLoR WILTSHIRE.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
a cAlrUrrA MYarKRY.
Many strange Thesrlea 60 Account for q
bulge An q Pavement.
From the CaIeutfa Statesman.

From he CaIeutfa Statesmen.
The other day a portion Of the pavement
near the steps OF the general post once
began 10. bulge and one of the heavy stones
Of the steps was found 70 have become loose.
Immediately an immense crowd gathered on
the spot. Stories went round that there vas
once q temple Of the Hindu god SILVA on the
spot and that the god was rising to the sur.
face. Some MohAmmedans. on the other
hand. said that the Black Hole tragedy &C.
CURED there and that the dead bodies Of the
brave Europeans who were cruelty mas
sacred by the NSwAb SirAJ we're rising up to
wreak a deadly vengeance upon the Mo-
hammedans. Another timld person invented
a curious story which spread great ~conster-
nation among the up-country Ooryas and
Hindus. He declared that underneath the
stone pavement there was once a grave and the
spirit OF the dead was coming out OF the earth
70 produce great havoc among the peaceful
great Impression on many Of the 6ystanders.
some OF whom sheered OF lest the ghost lay
a ntn oa.1 Hindu went 50 far as 10 Law flowers
and garlands on the spot with the object OF
~worshipptng Silva. During the latter, part
tranlc was much in~convenienced. The Euro
pean police oflcer on duty had a lot OF trouble
IN dispersing the crowd and the scene was
times running away for fear the ghost should
devour them. and then coming back TO the
Spot OUT u CuIIOhNy- W z hCtu@ u
further development had taken place. In
deed, curiosity and timidity were in conflict
with each other throughout.
The matter was at last brought to the
notice OF the municipal authorities. In order
TO remove all doubts the place was exCavated.
At the time of excavation the people round
remained spellbound and anxiOusly awaited
the image OF some god which they seemed
TO expect to rise high up into the sky, and
some tiHfd oC-y.5 ran away W Tear The
coolies engaged in the work Of digging were
hesitating every moment whether they should
proceed any further in their hazardous enter
prise. But alasi There was nothing inside.
The portion OF the footpath was dug up to
the depth OF, some four feet, but in vain;
The crowd had rather t~hickened and the
excitement had not subsidized. Some eight
constables were appointed to clear the traf1ic
and secure order.
A fresh sensation was caused among the
Mohammedans by the discovery below the
tagging Of the impression OF a hand-PunJah,
as the Mohammedans say. This Is the MOhur-
rum standard, certainly In Bengal. and q
stl ong belief prevails among some of the
unlsttered Of the community that underneath
is the tomb Of a pr saint. and II IL taken by
some as q sign OF the return OF MOhammedan
ascenSency.
The rrosaic explanation Of the occurrence
IL that the tagging was laid some years ago
above the trench of the old fort. IL Is as
sumed that an accumulation OF water under
the pavement caused a large fagstone TO
bulge. assuming the appearance OF a tomb.
The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-10-15
rRE JUDrcrARY.


To rHE EDITOR or Tue sUN--Sir: This
IL an appeal to the intelligent voters In the
county Of New York:
You may have been for years by party
alliances either q Democrat or q Republican.
you may be aboat TO east your first vote this
year. your family traditions heretofore may
have led you tn give preference to the regu-
lar nominations OF either party.
You may now favor either Mr.. Hughes or
Mr.. Hearst for Governor Of the State. because
you expect that your choice will AFFORD you
relief from some grievance, real or ina ginary.
But l wish most trongly 90 present this
phase OF the present electoral q~esfion: Who
ever shall be elected Governor OF the State
will be chosen for but two years. and in his
administration will by his personal acts place
himself prominently in position either for
political az Advancement or oblivion.
In regard to the nominees for the judiciary
now presented for your suffrage you should
well consider that each Of such Judges will
be elected for the term OF fourteen years.
The most intelligent analysis Of the nOmi-
nees Of the Democratic party for judicial
position brands each one as wearing the politi-
cal collar OF either Murphy, Hearst or Sulli-
van.
IL il fairly presumable. as our political
conditions are now governed. that each Judge
as elected will endeavor to give fair value
to those making his election possible.
As q property owner are you willing to
submit legal questions affecting your prop
erty rights to a judicial bench chosen In such
manner? Any decision made by such Judge.
however much bias IL may show. must stand
as law. unless the aggrieved party shall have
the pluck, energy and money necessary to
carry his case to the Court Of Appeals.
confess TO being old enough In years to
recall the judicial records Of Jud ges Cardozo
and B~arpard-who dishonored the judicial
ermine by subservience TO Jay Gould. Jim
Fisk and Boss Tweed.
have always been q Democrat-my first
Presidential vote was for Gen. George b.
Mcclellan. my last vote was for George b.
Mcclellan for Mayor Of our city.
l think that as a Democrat l may justly
assert that l am regular.
Yet my first straight Republican vote will
be cast this year. because l believe:
In Hughes az against Hearst. and ! favor
an honest judiciary wearing no bosses collar.
/ appeal TO the voters OF our county that
they shall not permit another disgrace to
come TO our courts OF equity and justice by
cloct!Hg men selected for their franchises BY
two corrupt political bosses.
NEW YORK. October IS. W. II. GRASBERY.