davidaulloa/AmericanStories huggingface dataset:
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Nation Should Not
Alternate Coal Land

1t is not wise that the nation should
ALLEVIATE its remaining coal lands. 1
have temporarily withdrawn from set
Element all the lands which the Geo.
logical Survey has indicated as contain
ing, or in all probability containing.
coal. The question, however. can be
properly 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 owners III D
would then remain In the United
States, which should not, however. at
tempt to work them, but permit them
to be worked by private individuals
under royalty system, the Govern
ment keeping such control as to per-
nit IL to see that no excessive price
was charged consumers 1t would. of
course, be as necessary to supervise
the rates charged by the common car
riers to transport the product as the
rates charged by those who mine it;
the conduct of the common carriers.
so that they shall in no way favor one
competitor at the expense of another
The withdrawal of these coal lands
would constitute a policy analogous
to that which has been followed in
Withdrawing the forest lands from or
binary settlement. The coal, like the
forests, should be treated as the prom
erty of the public and its disposal
should be under conditions which would
inure to the benefit of the public as a
whole.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Menace to Republic

Lawlessness grows by what it feeds
upon; and when mobs begin to lynch
for rape they speedily extend the
sphere of their operations and lynch
for many other kinds Of crimes, so that
two-thirds of the lynchings are not for
rape at all; while a considerable pro-
portion of the individuals lynched are
innocent of all crime. Governor Can
der of Georgia stated on one occasion
some years ago: Il can say of a verify
that I have, within the last month,
saved the lives of half a dozen inno-
cent negroes who were pursued by the
mob, and brought them to trial in a
court of a law in which they were ac-
quilted" AS Bishop Galloway of Mis-
sissippi has finely said: when the
rule of mob obtains that which dis
tinguishes a high civilization is sur
rendered The mob which lynches a
negro charged with rape will in a little
while lynch a white man suspected 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 recently spoken
as follows: The lynching of any per-
son for whatever crime is inexcusabie
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Protect the Children

The Congress at its last session WISE
ly provided for truant court for the
District of Columbia, a marked step in
advance on the path of properly car
ing for the children. Let me again
urge that the Congress provide for a
thoro investigation of the conditions
of child labor and of the labor of
women in the United States. More
and more our people are growing to
recognize the fact that the questions
which are not merely of industrial but
of social Importance outweigh all
others, and these two questions most
emphatically come in the category Of
those which affect in the most far
reaching way the home life of the ma
ton. The horrors incident to the en-
ployment of young children in facto-
ries or at work anywhere are blot
on our civilization. 1t Is true that
each State must ultimately settle the
question in its own way, but thoro
official investigation of the matter, with
the results published broadcast, would
greatly help toward arousing the pub
lie conscience and securing unity of
State action in the matter. There is,
however one law on the subject which
should be enacted Immediately, because
there is no need for an investigation
in reference thereto. and the failure to
enact it is discreditable to the national
Government. A drastic and thorogo-
ing child labor law should be enacted
for the District of Columbia and the
Territories.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Criminal Law Faculty

seThe sentence of this court in TINS
case is. that the defendant Pomeroy, for
each Of the six offenses upon when ne
has been convicted, be fined the sum
Of $1,000. making six fines, amounting
in all 10 the sum Of $4,000; and the
defendant. The New York Central and
hudson River Rilroaad Company, Tor
each Of the six crimes Of which II has
5een convicted. be fined the sum OF
$4,000 making six fines amounting IN
the aggregate TO the sum OF SlOS,O0O,
and judgment to that effect Will be en-
tered in this case"
In connection with this matter
would like TO call attention to the very
unsa tfsfactory state Of our criminal
law. resulting in large part from the
habit OF setting aside the judgments
Of inferior courts on technicalities abb
solutely unconnected with the merits
of the case, and where there is no at
tempt to show that there has been any
failure Of substantial justice 1t would
be well to enact law providing some
thing to the effect that:
No Judgment shall be set aside or
new trial granted in any cause, civil
or criminal, on the ground Of misdi-
rection Of the jury or the improper ad-
mission or rejection Of evidence, or for
error as to any matter of pleading OF
procedure unless, in the opinion Of the
court 10 which the application is made
after an examination Of the entire
cause. il shall afirmatiVely appear that
the error complained Of has resulted
in a miscarriage of justice.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Eight=HOur Day Not
Feasible on Canal

I call your attention to the need Of
passing the bill limiting the number of
hours of employment of railroad en-
ployees. The measure is a very mod
crate one and l can conceive of no Sc
rious objection to it. Indeed, so far as
it is in our power, it should be our aim
steadily to reduce the number of hours
of labor, with, as goal, the general
introduction of the eight-hour day
There are industries in which it is not
possible that the hours of labor should
be reduced, just as there are communi-
ties not far enough advanced for such
a movement to be for their good, or, If
in the tropics. so situated that there is
no analogy between their needs and
ours in this matter. On the isthmus of
Panama, for instance, the conditions
are in every way so different from
what they are here that an eight-hour
day would be absurd; just as it is abb
surd, so far as the isthmus is con-
cerned, where white labor can not be
employed, to bother as to whether the
necessary work is done by alien black
men or by alien yellow men. But the
wageworkers of the United States are
of so high a grade that, alike from the
merely industrial standpoint and from
the civic standpoint. it should be our
object to do what we can in the direc-
ton of securing the general observ-
ance of an eight-hour day. Until re-
Gently the eight-hour law on our Fed
eral statute books has been very scant-
lily observed. Now, however, largely
thru the instrumentality of the Bureau
of Labor, it is being rigidly enforced,
and 1 shall speedily be able to say
whether or not there is need of further
legislation in reference thereto, for our
purpose is to see 1T obeyed in spirit no
less than in letter. Half holidays dur
ing summer should be established for
Government employees; it is as desir-
able for wageworkers who toll with
their hands as for salaried officials
whose labor is mental that there should
he q rea soma BILE q m nI1nf Of hnlfday
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05

eral different lines, so as to give II a
larger and more efficient control over
the railroads.
1t cannot too often be repeated that
experience has concIusively shown the
frnpOsSibflity of securing by the actions
of nearly half a hundred different state
Legislatures anything but ineffective
chaos in the way of dealing with the
great corporations which do not oper-
ate exclusively within the limits OF any
one State. In some method. whether
by a national license law or in other
fashion. we must exercise, and that az
an early date. a far more complies con-
troll than at present over these great
corporatfons-a control that will.
among other things. prevent the evils
Of excessive OveFcapitalization and that
will compel the disclosure by each cor
poratfon of its stockholders and OF It's
properties and business. whether owned
directly or thru subsidiary or af1l1ated
corporations. This will tend TO put a
stoD to the securing of inordinate
prCfrs by favored individuals at the
expense whether OF the general public,
the stockholders or the wageworkers-
Our effort should be not so much 10
prevent consolidation as such, but so
TO supervise and control it as TO see
that il results in no harm to the peo-
pie. The reactionary or ultraconserva-
tive apologists for the misuse of wealth
assail tie effort to secure such control
as a step toward socialism. AS mat
ter OF fact it is these reactfOnartes and
ultraconservatives who are themselves
most potent in increasing socialfstic
feeling
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Enemies of Reform

Forever, while such preaching and
such agitation may give a livelihood
and a certain notoriety to some of
those who take part in it. and may
result in the temporary political sue
cess of others, in the long run every
such movement will either fail or else
will provoke a violent reaction, which
will itself result not merely in undo
ing the mischief wrought by the DEM
agog and the agitator, but also in un-
doing the good that the honest reform
er. the true urholder of popular rights.
has painfully and laboriously achieved.
Corruption is never so rife as in COM
munities where the demagog and the
agitator bear full sway, because in
such communities all moral bands be-
come loosened, and hysteria and sem
sationalism replace the spirit of sound
Judgment and fair dealing as between
man and man. In sheer revolt against
the squalid anarchy thus produced men
are sure in the end to turn toward any
leader who can restore order. and then
their relief at being free from the in
tolerable burdens of class hatred, vio-
lence and demagogy is such that they
cannot for some time be aroused to in
dignation against misdeeds by men of
wealth. that they permit a new
growth of the very abuses which were
break. The one hope for success for
our people lies in resolute and fear
less. but sane and cool-headed, advance
along the path marked out last year by
this very Congress. Thereg must be a
stern refusal to be misled into follow
ing either that base creature who ap-
peals and panders to the lowest in
stincts and passions in order to arouse
one set of Americans against their fell
lows, or that other creature, equally
base but no baser, who in a spirit of
greed, or to accumulate or add to an
already huge fortune, seeks to exploit
his fellow-American with cal1ous dis
regard to their welfare of soul and
body. The man who debauches others
in order to obtain a high Office stands
on an evil equality of corruption with
the man who debauches others for
financial profit; and when hatred is
sown the crop which springs up can
only be evil.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Guard Against Abuse

But there must likewise be no such
abuse Of the injunctive power as is
implied in forbidding laboring men TO
strive for their own betterment in
peaceful and lawful ways nor must
the Injunction be used merely TO aid
some big corporation in carrying out
schemes for its own aggrandizenent.
Tt must be remembered that a prelimi-
nary injunction in a labor case, If
granted without adequate proof (even
when authority can be found to sup
port the conclusions Of law on which
il is founded), may often settle the
dispute between the parties; and
do irreparable wrong. Yet there are
many judges who assume matter
of-cOurse granting of a preliminary
injunction to the ordinary and proper
judicial disposition of such cases; and
there have undoubtedly been fragrant
wrongs committed by judges in con-
nection with labor disputes even with
in the last few years, altho I think
much less often than in former years.
Such judges by their unwise action
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
inJunctive process tends TO threaten
its very existence, for If the Ameri-
can people ever become convinced that
this process is habitually abused.
whether in matters affecting labor or
in matters affecting corporations, it
viii be well-nigh impossible to prevent
its abolition.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Safety in Sanity

The plain people who think-the me-
chanics, farmers, merchants, workers
with head or hand-the men to whom
American traditions are dear, who love
their country and try to act decently
by their neighbors, owe it to them
selves to remember that the most dam
aging blow that can be given popular
government is to elect an unworthy
and sinister agitator on platform of
violence and hypocrisy Whenever such
an issue is raised in this country moth
ing can be gained by f1inching from 1t,
on trial, popular government I'M
der republican forms is itself on trial.
The triumph of the mob is just as evil
a thing as the triumph of the plutoc-
racy, and to have escaped one danger
avails nothing whatever If we succumb
to the other. In the end the honest
man, whether rich or poor, who earns
his own living and tries to deal justly
by his fellows, has as much to fear
from the insincere and unworthy DEM
agog, promising men and perform
ing nothing, or else performing moth
ing but evil, who would set on the
mob to plumber the rich, as from the
crafty corruptionist, who. for his own
ends, would permit the common people
to be exploited by the very wealthy. If
we ever let this Government fall into
the hands of men of either of these two
classes we shall show ourselves false
to Americas past. Moreover. the dema-
cog and the. corruptionist often work
hand in hand. There are at this mo-
ment wealthy reactionaries of such
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Quotes Judge Taft

The opportunity freely and publicly
to criticize judicial action is of vastly
more Importance to the body polite
than the immunity of courts and judges
from unjust aspersions and attack.
Nothing tends more 10 render judges
careful in their decisions and anxious
ly solicitous to do exact justice than
the consciousness that every act of
theirs is to be subjected to the intelli-
gent scrutiny and candid criticism of
their fellow-men. Such criticism is
beneficial in proportion as it is fair,
dispassionate, discriminating and based
on knowledge of sound legal prin-
ciples The comments made by learned
text writers and by the acute editors
Of the various law reviews upon jul
dicial decisions are therefore highly
useful Such critics constitute more or
less impartial tribunals of professional
opinion before which each judgment
is made to stand or fall on its merits,
and thus exert a strong influence to
secure uniformity of decision. But
non-professional criticism also is by
no means without its uses, even if ac-
companied, as it often is, by a direct
attack upon the judicial fairness and
motives of the occupants of the bench;
for if the law is but the essence of
common sense, the protest of many
a judicial conclusion, tho based on the
incest legal reasoning and prCfoundest
learning. The two important elements
Of moral character in a Judge are an
earnest desire to reach a just conc1u-
sion and courage to enforce it. In so
far as fear of public comment does not
affect the courage of a judge. but only
spurs him on to search his conscience
and to reach the result which approves
itself to his inmost heart, such COM
ment serves a useful purpose. There
are few men, whether they are judges
for life or for shorter term, who do
not prefer to earn and hold the re-
spect of all, and who cannot be
reached and made to pause and DELHI
crate by hostile public criticism. In
the case of judges having a nfefen-
ure, indeed, their very independence
makes the right freely TO comment on
their decisions of greater Importance,
because it is the only practical and
available instrument in the hands of a
free people to keep such judges alive
to the reasonable demands of those
they serve.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Probe Labor Troubles

The commission appointed by the
President October 16. 1902, at the re-
quest of both the anthracite coal oper-
ators and miners, to inquire into, con-
slider, and pass upon the questions in
controversy in connection with the
strike in the anthracite regions Of
Pennsylvania and the causes out OF
which the controversy arose. in their
report. findings and award expressed
the belief that the State and Federal
governments should provide the ma
chinery for what may be called the
compulsory investigation of controver-
sizes between employers and employees
when they arise" This expression Of
belief is deserving of the favorable
consideration of the Congress and the
enactment of its provisions into law.
A bill has already been introduced to
this end.
Records show that during the twenty
years from January 1, 1881. to Deem
Der 81. 1900, there were strikes affect
ing 1850 establishments, and 6,105,-
694 employees were thrown out OF en-
ployment. During the same period
there were 1908 lockouts, involving
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Lynching Epidemic
BesfiaI Vengeance

In connection with the delays of the
law I call your attention and the at
tention of the nation TO the prevalence
6f crime among us, and above all to
the epidemic of lynching and mob vio-
lence that springs up, now in one part
of our country, now in another. Each
section. North, South, East or West,
has its own faults; no section can with
wisdom spend its time jeering at the
faults OF another section; it should be
busy trying to amend its own short
comings. To deal with the crime of
corruption il is necessary to have an
awakened public conscience, and to
supplement this by Whatever legisla-
ton viii add speed and certainty in
the execution of the law. When we
deal with q lynching even more is neces-
sary. A great many white men are
lynched, but the crime is peculiarly fire.
quent in respect to black men. The
greatest existing cause of lynching is
the preparation, especially by black
men, of the hideous crime of rape-the
most abominable in all the category
Of crimes. even worse than murder.
Mobs frequently avenge the commission
Of this crime by themselves torturing
to death the man committing it, thus
avenging in bestial fashion a bestial
deed, and reducing themselves to a
level with the criminal.
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05

anywhere-it is a defiance of orderly
government; but the killing of innocent
people under any provocation is infin-
itely more, horrible; and yet innocent
people are likely to die when mob's
terrible lust is once aroused. The lesson
is this: No good citizen can afford to
countenance defiance of the statutes,
no matter what the provocation. The
innocent frequently suffer, and, it 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 better ele-
ments lend no assistance whatever in
ferreting out criminals Of their own
color. The respectable colored people
must learn not to harbor their crimi-
mails, but to assist the officers in bring
ing them to justice. This is the larger
crime, and it provokes such atrocious
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-abid-
ing against criminals of any color"
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05
Safety in Criticism

'On the other hand, the danger of
destroying the proper influence of jul
dicial decisions by creating unfounded
preJudices against the courts justifies
and requires that unjust attacks shall
be met and answered. Courts must I'LL
timately rest their defense upon the
inherent strength of the opinions thex
deliver as the ground for their conclu-
sions and must trust to the calm and
deliberate judgment of all the people
as their best xindieation.D
There is one consideration which
should be taken into account by the
good people who carry a sound propo-
sition to an excess in Directing to any
criticism of a Judges decision. The
instinct Of the American people as a
whole is sound in this matter. They
viii not subscribe to the doctrine that
any public servant is to be above all
criticism If the best citizens, those
most competent to express their judg-
ment in such matters, and above all,
those belonging to the great and hon
orable profession Of the bar, so pro-
foundly influential in American life.
take the position that there shall be
no criticism of a judge under any
circumstances, their view will not be
accepted by the American people as a
whole. In such event the people will
turn to and tend to accept as justi-
fable the Incorporate ana improper
criticism uttered by unworthy agita-
tors. Surely it is a misfortune to
leave to 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
Of that incorporate antagonism to-
ward the judiciary which must be COM
bated by every right thinking man.
and which, If it became widespread
among the people at large, would con-
stitute a dire menace to the republic
The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1906-12-05

do most to help the negro is his white
neighbor who lives near him; and our
steady effort should be to better the
relations between the two. Great tho
the benefit of these schools has been
to their colored pupils and to the col
ored people, it may well be questioned
whether the benefit has not peen at
least as great to the white people
among whom these colored pupils live
after they graduate
BE it remembered, furthermore, tnat
the individuals who, whether from
folly, from evil temper, from greed lor
office, or in a spirit Of mere base dem
agogy, indulge in the fnf1ammatory ana
ineendiary speeches and writings whlch
tend to arouse mobs and to bring ABOUT
lynching, not only thus excite the MOB,
but also tend, by what crfmlnologlsts
call 'suggest ion," greatly to increase
the likelihood of a repetition OF the
very crime against which they are
inveighing. When the mob is COM
posed of the people of one race and the
man lynched is of another race, the
men who in their speeches and writ
ings either excite or jstify the action
tend, OF course. to excite bitter race
feeling and to cause the people of the
opposite race to lose sight of the abom-
Unable act of the criminal himsel1; and
in addition, by the prominence they
give to the hideous deed they undoubt-
edly tend to excite in other brutal and
depraved natures thoughts of commit
ting it. Swift, relentless and orderly
punishment under the law is the only
way by which eriminality of this type
can permanently be supprest.