davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1906-12-04
Coal Lands Withdrawn
Should NOw Be Worked

It is not wise that the nation should
ALLEVIATE its remaining coal lands. l
nave temporarily withdrawn from settle
ment all the lands which the Geolo-
gical Survey has indicated as contain
Ing, or in all probability containing.
coal
The question. however, can be proper
iy settled only by legislation. which in
my Judgment should provide for the
withdrawal of these lands from sale
or from entry. save IN certain especial
circumstances. The ownership would
then remain IN the United States. which
should not, however. attempt 20 work
them' but permit them 10 be worked by
private individuals under a royalty sys-
TEN. the Government keeping such con-
troll as 10 permit it TO see that no ex-
cessiVe price was charged consumers
II would, of course. be as necessay-y,
TO supervise the rates charged bv the
common carriers 20 transport the prod-
uct as the rates charged by those who
mine It; and the supervision must -ex-
tend TO the conduct Of the common car
riers, so that they .nall in no way ia
vor one competitor 1t the expense OF
another. The withdra wal Of these coal
lands would constitute a policy an
alagous TO that which has been follow
ed in Withdrawing the forest lands
from ordinary settlement The coal
like the forests, should be treated as
the property of the public. and its dis
posal should be under conditions which
would inure to the benefit Of the public
as a whole.
This present Congress has taken long
strides In the direction Of securing
proper supervision and control by the
National Government over corporations
engaged In Interstate bu5iness-and the
enormous majority OF corporations OF
any size are engaged in interstate busl-
ness. The passage of the railway rate
bill. and only 10 a less degree the pass
age Of the pure food bill. and the pro-
vision for increasing and rendering more
The Washington times., 1906-12-04
Courts Rest Defense
On Strength of Opinions

There ara few men. whether they are
Judges for life OF for a shorter term, who
do not prefer 10 earn and hold the re-
spect Of al, and who cannot be reach
ed and msde to pause and deliberate
by hostile public criticism. In the case
of judges having a life tenure. indeed,
their very independence makes the right
freely 10 comment on their decisions OF
greater Importance. because il IS the
only practical and available instrument
in the hands Of a free people TO keep
such judges alive TO the reasonable de-
mands OF those they serve.
"On the other hand, the danger OF
destroying the proper influence OF Ju-
dicial decisions by creating unfounded
preJudices against the courts justihes
and requires that unjust attacks shall
be met as4I answered. Courts must
ultimately rest their defense upon the
inherent strength OF the opinions they
deliver IS the ground for their con-
clusions and must trust to the calm and
deliberate judgment of all the people
as their best vindiCatiOu."
There Is one consideration which
should be taken into account bv the
good people who carry Il sound PROPOSE
tlOn TO aH excess in Objecting 70 any
criticism OF judges decision. The in
stluct OF the American people as a whole
subscribe 10 the doctrine that any pub
lie servant is 10 be above all criticism
II the best citizens, those most COmpe-
tent 10 express their judgment in such
matters. and above all those belonging
- the great and honorable profession
or the bar so profoundly influential IN
American lie, take the position that
there shall be no criticism OF a Judge
under any circumstances. their views
Will not be accepted BY the American
people as whole. IN such event the
people VIII turn 10, and tend 10 accent
as Justiilable. the iuJempeTate and i'm
proper criticism uttered by unworthy
agitators. Surely IL Is a misfortune 10
led.e 70 such critics a function, right
IN Itself, which they are certain TO
abuse Just and temperate criticism
when necessary. is a safeguard against
the acceptance by the people as a whole
or that Incorporate antagonism towards
the judiciary which must be combated
by every right-thlnking man, and which
II X became widespread among the peo-
PIE az large. would constitute a dire
menace 70 the Republic.
The Washington times., 1906-12-04

effective national control over the beef
packing industry, mark an important
advance in the proper direction.
In the short session IL viii perhaps bs
difficult 10 do much further along this
line; and IL may be best 10 wait until
the laws have been in operation for q
number OF months before endeavorinE
TO increase their scope. because only
operation viii show with exactuess their
merits and their shortcomings and thus
give opportunity 10 define what further
remedial legislation is needed Yet in
my judgment it viii I'm the end be ad-
visable IN connection with the packing
house inspection law TO provide for put
ting a date on the label and for charg-
ing the cost Of inspection TO the pack
ers. All these laws have already justI-
fed their enactment.
The interstate commerce law for IN
stance, has rather amusingly faIsifed
the predictions. both of those who as
serted that ii did not go far enough and
would ruin the railroads and of thosa
who asserted that IL did not go far
enough and would accomplish nothing.
During the last five months the rail-
roads nave SHOWN increased earnings
and some or them unusual dividends.
while during the same period the mere
taking effect of the law has prOduced
an unprecendented, a hitherto unheard
fTelghts and fares by the railroads.
Since the founding Of the commission
there has never been a time of equal
length IN which anything like so many
reduced tariffs have been put into ef-
IecL On August p. for instance. two
days before the new law went into ef-
feet. the. commission received notices OF
over 5000 separate tariffs which repre-
sented reductions from previous rates
1t must not he supposed. however,
that with the passage OF these laws IL
VIII De possible 10 stop progress along
the line of Increasing the power OF ths
Nallonal Government over the use OF
capital in Interstate commerce. For eX-
ample, there will ultimately be need OF
charging the powers Of the Interstate
commerce Commission along several
dlnerent lines. so as 10 give It larger
The Washington times., 1906-12-04
No Need of Ne10 Trials
Because of Slight Erro,

In connection with this matter I would
like 20 call attention 10 the very un-
satisfactory state OF our criminal law,
resulting in large part from tho habit
OF setting aside the judgments OF in
feTlor courts on technicalitIes abso-
lutely Uuconnected with the merits OF
the case. and where there is no at
tempt 20 show that there has been any
failure of substantial justice Ii would
be we'll TO enact a law providing some
thing to the effect that:
No judgment shall be set aside or
new trial granted n any cause. civil
or criminal. on the ground OF mlsdirec-
ton OF the jury or the improper admis-
sion or rejection of evidence. or for
error as to any matter OF pleading or
procedure unless, IN the opinion Of the
court to which the application is made.
after an examination OF the entire cause.
il shall afhrmatively appear that the
error complained OF has resulted in a
miscarriage OF justice.
The Washington times., 1906-12-04
Southern Men Quoted
On Spread of Mob Lab

Lawlessness grows by what IL feeds
upon. and when mobs begin 70 lynch
for rape they speedily extend the
sphere Of their operations and lynch for
other kinds of crimes, so that two-thirds
Of the Iynchings are not for rape at ALI
while a considerable proportion OF the
individuals lynched are innocent OF all
crime. Governor Gambler, of Georgia,
stated on one occasion some years ago:
"I can say of a verify that 1 have,
within the last month, saved the lives
of half a dozen innocent negroes who
were pursued by the mob. and brought
them 10 trial In a court or law IN
which they were acquitted.
As Bishop Galloway, Of Mississippi,
has finely said:
when the rule OF q mob obtains.
that which distinguishes high ciyiliza-
ton is surrendered. The mob which
lynches a negro charged with rape will
I'm little while lynch a white man sus-
pected of crime. Every Christian patriot
in America needs TO lift up his voice
in loud and eternal protest against the
mob spirit that is threatening the IN
tegrity OF this Republic"
Governor Jelks, OF Alabama. has re-
Gently spoken as follows:
The lynching of any person Tor Wnat-
ever crime is .ueXcusable anyWhere-it
is a defiance OF orderly government but
the killing Of INNOCENT people under any
proVOcatiOn IS infinitely more horrible;
and yet innocent people are likely TO die
when D mob's terrible lust is once arous-
ed. The lesson is this: No good citizen
can afford to cOuntenanCe defiance Of
the statutes, no matter what the provo
cation The innocent frequently suffer
and. IL is my observation, more usually
suffer than the guilty. The white people
of the South indict the whole cOlOred
race on the ground that even the bet
ter elements lend no assistance what
ever in feTTeting out criminals of their
own color. The respectable COlOTed peO-
pie must learn not to harbOr their CFimt-
mails, but TO assist the officer in bringing
them TO justice This Is the larger
crime, and it provokes such atroclous
offenses as the one at Atlanta. The two
races can never get on until there is
an understanding on the part Of both
TO make common cause with the law
abiding against criminals of any color. -
Moreover, where any crime committed
by a member OF one race against a
member of another race is avenged
in such fashion that II seems as If not
the individual criminal, but the whole
race, IS attacked. the result is to ex-
asperate to the highest degree race feel
ing. There is but one safe rule in deal
ing with black men as with white men;
The Washington times., 1906-12-04
Dangerous to Abolish
WritS of Injunction

abuse OF the injunctlve power as is i'm
piled in fOTbiddlng labOring men to
strive for their own DetteTment in peace
ful and lawful ways; nor must the in
Junction be used merely 10 aid some big
corporation in carrying out schemes for
Its own aggrandiZement. IL must be re-
membered that preliminary injunction
III q labor case, If granted without ade-
quate proof (even when authority can
be found 10 support the conclusions OF
law on which il is founded, may often
settle the dispute between the parties;
dnds therefore, II improperly Granted
may do irrepaTable wrong
ct there are many judges who as
sumo matteT-Of-course granting of q
preliminary Injunction TO the ordinary
and proper judicial disposition of sIIcb
cases; and there have undoubte1lv been
HagranI wrongs committed by Judges
IN connection with labor disputes even
within the last few years, although I
think much less often than in former
years. Such judges by their unvise ac-
ton immensely strengthen the hands Of
those who are striving entirely to do
away with the power OF Injunction. and
therefore such careless use of the in
1unctiVe process tends to threaten its
very existence. for IL the American neO-
pie ever become convinced that this Dro-
cess is habltually abused whether in
matters affecting labor or in matters
Affecting corporations il viii be we'll
nigh impossible to prevent its abolition
II may be the highest duty of a Judge
at any given moment TO disregard not
merely the wishes of individuals OF
great political or financial power. but
the overwhelming tide OF public senti-
ment; and the judge who does thus dis
regard public sentiment when it is
wrong. who brushes aside the plea OF
any special interest when the pleading
IS not founded on righteousness, per
forms the highest service TO the country
Such a judge is deserving OF all honor:
and all honor cannot be paid TO this
wise and fearless judge II we permit the
growth OF an absurd convention which
The Washington times., 1906-12-04

In my last message I suggested the
enactment Of a law IL connection with
the issuance Of inJunctions. attention
having been sharply drawn TO the mat
ter by the demand that the right OF
applying injunctiOns IN labor cases
should be wholly abolished. It is at
least doubtful whether a law abolish
ing altogether the use OF inJuncttons in
such cases would stand the test OF the
courts; in which case, of course, the
Hesitation would be Ineffective.
Moreover, 1 believe il would be wrong
altogether to prohibit the use OF injunC-
tIons. 1t is criminal 10 permit sym
pathy for criminals TO weaken our
hands IN upholding the law; and II men
seek TO destroy life or property by mob
violence there should be no impairment
of the power OF the courts 10 deal with
them in the most summary and effective
way possible. But so far as possible
the abuse OF the power should be pro-
vIded against by some such law as l ad-
vocated last year.
In this matter OF injunctons there Is
LODGED in the hands OF the judiciary a
necessary power which is, neverth eless.
subject TO the possibility OF grave abuse.
1t is power that should ba exercised
WIN eNt' elle care ana a4ohlQ oe SuoJcTl
TO the jealous scrutiny Of all men, and
condemnation should be meted out as
much TO the judge who Ials 10 use K
boldly when necessary as to the Judge
who uses IL wantOnly or OppressiVely.
or course. a judge strong enough to
be fit for his office Will cniOin any
resort to violence or intimidation. espe-
cially by conspiracy, no matter what his
opinion may be of the rights OF the
original quarrel There must b5 no hes
itatiOn in dealing with disorder.
But there must likewise be no such
The Washington times., 1906-12-04
The Message
T6 tie Senate and House Of ReB,rsentafives:

district Judge. against what may be the
Judgment of the immense majority OF
his colleagues on the bench, TO declare q
law sOlemRly enacted by the Congress to
be unconstitutional" and then TO deny
10 the Government the right 10 have the
Supreme Court definitely decide the
question.
II is well Ia recOlIect that the real
efficiency Of the law often depends not
upon the passage OF acts as TO which
there Is great public excitement. but up
on the passage or acts OF this nature as
TO which there IS not much public eX-
element. because there IS little public
understanding Of their Importance.
while the interested parties are keenly
alive 20 the desirabllity OF defeating
them The Importance Of enacting into
lay the particular bill in question Is fur
ther increased by the fact that the Gov
ernment has now definitely begun
policy Of resorting 10 the criminal law
in those trust and interstate commerce
cases where such a course offers a Teu-
sOnable chance of success.
At first, as was proper. every effort
was made 70 enforce these laws by civil
proceedings: but IL has become iHcTeas-
ingly evident that the action of the
Government in finally deciding. in GER
tain cases. 20 undertake criminal pro-
Ceedings. was Justifable. and though
there have been some conspicuous fall
ures IN these cases. we have had many
successes. WEiCh have undoubtedly had
a deterrent effect upon eviI-d0ers,
whether the penalty inflicted was in the
shape OF fine or mprisonment-and pen
alties OF both kinds hsvo already been
inflicted by the courts.
OF course. where the judge can see
his way 10 infiiCt the penalty of impTis-
Onment the deterrent effect of the pun
ishment on other offenders is increased:
but sufficiently heavy fines accomplish
much.
The Washington times., 1906-12-04

ment fan into the hands Of men Of
either Of these two clssses, We shall
show ourselves false 10 Americas past
Moreover, the demdgOS ana LnC cor
TuptiOnlst often work hand in hand
There are at this moment wealthy re-
dictionaries Of such obtuse morality that
they regard the public servant who
prOsccuJes them when they violate the
law, or who seeks 10 make them bear
their proper share Of the public bur-
ceus, As being even more Objectionable
than the violent agitaUOr who hounds
on tEe mob 10 BluHdeT the rich. There
is no, ing 10 choose between Euca a
reAeiiJn4ry and such an agitator.
fuudameu ally they are alike IN their
selfish disregard or the rights OF others:
and u Is natural that they should Join
IN opposition 10 any movement OF which
the aim IS fearlessly 70 do exact and
even justice 70 all
The Washington times., 1906-12-04

AS a nation we still continue 10 enjoy
a literally unprecedented prosperity:
and It is probable that only reckless
speculation and disregard Of legitimate
business methods on the part or the
business world can materially mar this
prosperity.
no Congress in our time has done
more good work OF Importance than the
present Congress. There We're several
matters left unfinished q yuar last ses-
sion. however. which l most earnestly
hope you viii complete before your ad-
journment
1 again recommend a law prohibiting
all corporations from contributing TO
the campaign expenses OF any party
Such a bill has already passed one
house OF Congress. Let individuals
contribute as they desire; but let Us pro-
hibit in effective fashion all corpora
tions from making contributions Tor any
political purpose. directly or indirectly
The Washington times., 1906-12-04

or not there is need for further iegisia-
ton in reference thereto: for our pUr-
than IN letter Half holidays during
summer should be established for Gov
ernment employees; II is as desirable for
Wag=wOTkers who toll with their hands
As for salaried officials whose labor is
mental that there should be q reasOna-
ble amount OF holiday
The Washington times., 1906-12-04

would forbid any criticism Of the judge
Of another type. who shows himself tlmid
ia the presence Of arrogant disorder, or
who on insufficient grounds grants an
injunction that does grave injustice. or
who in his capacity as a construer. and
therefore In part a maker. of the law.
in fiagTant fashion thwarts the cause OF
decent government.
The Washington times., 1906-12-04

OF moral character in a Judge are an
earnest desire to reach a just conclu-
sion and courage 70 enforce IL. In so far
as fear of public comment does not af-
feet the courage of a Judge but only
spurs him on TO search his conscience
and TO reach the result which approves
itself 70 hts inmost heart, such COM
ment serves a useful purpose.
Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-09-07

ence-a position to which he has dem
onstrated himself peculiarly adapted
and in which he Yields an influence
OF exceptional value to the state IN
general.
Notwithstanding his expressed de-
sire to the contrary. the TriDune-He-
view, always Mr.. Dixon's friend and
well wisher, still maintains that DIX
on for congress and Mantle for the
senate" is the correct program for
the Republicans in the coming cam
paign. Mr.. Dixon has served three
years in the house Mr.. Mantle served
four and half years in the senate,
both have therefore had valuable ex-
perience in the respective branches
Of the national legislature, and both
are well equipped to render the state
efficient service. 1t is some time since
Mr.. Mantle left the senate. but he left
behind him a splendid record of solid
achievement for the state and its
many interests which the people have
not forgotten, and name and reputa-
ton untarnished.
Let no one infer that anything here
said is intended as in any sense a refiec-
ton upon Mr.. Dixon. We are animal
ed by no such thought or purpose. We
have only sentiments of respect, pride
and admiration for him and we have
the same sentiments for Mr.. Mantle.
Both are deserving of the trust and
confidence of Republicans and each is
fairly entitled to part of the honOrs
and rewards which the party has to
bestow-Butte Trbune-Review.
Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-09-07
EAST FORK NEWS NOTES.

Mrs. A. l.. Lang and children have
moved to town so that the children
can attend school
Miss Hilda Frame has gone to Lew.
istown for the winter to attend school
The prophecy of some of the old
timers that East Fork did not need a
school house. is from all appearances
going to be badly refuted. the way
these East Fork bachelors and young
men are indulging in matrimonial
bonds. The last victim. low and be-
hold. is Judd-bashful Judd McWil
liams, who has chosen one of the fair
est daughters of the Snowy mountain
range, Miss Katie ST Jermaine. Sc
here is wishing you and your fail
young bride all JOY and success.
A. r. Frame started out this week
with his big threshing outfit and will
soon be making the dust fly with the
best of them.
Mrs. w. D. Jackson is reported to be
quite i'll the last few days.
The Miller brothers have sold the
ranch. the figures going away up in
the thousands. The purchaser viii
take possession next April.
The Grinston brothers are digging
coal for Frank Piper.
Mr.. Phil Lang has constructed fol
himself a magnificent barn.
Camping parties from Lewistown are
thronging the road these days on theil
way to Flatwillow and the Snowy
mountains.
Mrs. Hoag and daughter, Edith, are
visiting with Mrs. Frame.
The recent rains materially helped
out the late oats, the early oats being
very short. Wheat on the benches
has filled quite we'll The pumpkir
crop is total failure.
G.. w. Cook and family were camp
ing on the fork last week.
Farmer John B. Rough is reapins
his crop these days. Farmer tog
make John look very broad and con
genial and he contemplates purchas
ing an airship and parachute to make
his daily visits to and from his farm
Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-09-07
MONTANA AT A
GLANCE.

The Montana osteopaths are holding
this week.
Bozeman will make a bid at the
Boise meeting for the National Irrga.
ton Congress for next year.
C. o. Mosier, rancher living near
Red Lodge fell from hay stack Sat
Tom Kinds has been dropped as
chairman of the Butte Populist COM
mittee, and Thomas Handley chosen
as his successor.
Safe blowers operated at Belgrade
last week, and secured 500 from the
postoffice and 800 and some valu-
ables from saloon.
The monthly report of State Treas.
urer Rice for August shows that the
balance on hand at the end of the
month was $611 $3.50.
Edward Flynn. miner. was shot
and killed at Saltese last week by
Alvin Mckinney. whose claim of self
defense appears to be well founded.
Bishop Lehman has appointed Faith
CT Thomas Mccormick. of Fort Ben
Ton, as the successor to Rev. Father
Pauwelyn as rector of ST. AIMS ca
thedral at Great Falls.
Rev. c. l.. Bouvard, pastor of the
Mountain View Methodist church at
Butte. one of the most popular Metho-
dist ministers in Montana. has decided
10 accept call from California.
Ernest B. Eathborn. graduate of
the Helena high school. and Joseph
Murray, We're drowned in the small
lake at Columbia Gardens. Butte, Sun
day evening through the upsetting OF
their boat.
ouis p Donovan and Arthur r
NelZner. graduates of Wisconsin uni
versiry, and until this year two of
the most noted football players in
the word. located az Butte la It week
and viii practice law there.
Wine boating on Yellowstone lakl
i'll the National Park last week, w. b
Taylor, of BOzeman, and soldier nam
ed Allen We're drowned. Three ladies
and one man who were in the party
cluns to the overturned boat and were
rescued.
Al the annual convention of the
State Firemen's association at Hamil
ton. Havre was chosen as the meeting
place for next year, and the following
officers We're elected: President, Chief
Thomas West. Havre; secretary, J. S
Carnall, Havre: treasurer, Chief J. P
Clark, Big Timber directors. Chief
Al May. Missoula; Assistant Chie1
James Kane, Helena. and Chief Peter
Sanger, Butte
The following are members of the
socialist state committee who will