The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-08-29
WOULD BE CAR
Bale Waggener Taunts W. r.
Stubs In Open Letter.
Says Stubbs and White Are
Guilty Of Treason.
PACK SUPREME COURT
Only Way Federal Charter Plan
Can Be Validated.
Declares That There Is No Rail-
road Issue in Campaign.
PACK SUPREME COURT

Bale P. Waggener. of Atchison, under
date of August q. has written an open
letter to William Allen white which
promises to be one OF the features OF
the campaign.
The letter is in reply to Mr. Whites
editorial criticising Mr. Waggener for
his answer to ". r. Stubs. federal
charter plan for railroads. 50 far as
Mr.. White is concerned, the letter Is
mild and graceful, but it is poison for
Stubbs. The Atchfson attorney whip
saws Mr.. Stubbs in almost every SEN
tence, and accuses him Of playing to
the galleries for the sake of getting an
office
The letter follows:
Mr.. William A White. Emporia, Kan.
My Dear Mr.. White: have read
with much interest your criticism OF my
objections to Stubbs' plan for the con
fscation of railroad property. I am
constrained to believe that you do not
mean all you say, and I trust you will
make haste to correct what you have
said, for the people of Kansas, without
regard to political affiliations, admire
you, and feel proud OF the fact that they
can claim you as a resident and citizen
of this state.
You state that there never was .
over the protest of some lawyer Did
you ever know of a step forward taken
in the world except over the protest o.
some editor7 The men who formed the
federal constitution-the Magma Charta
of our Iberties-were lawyers, with few
xcepuons-Adams, Jackson Jefferson,
Webster, Marshall, Taneys Lincoln,
Garfield, Tilden. Cleveland, Mckinley,
and q host of others who, by their
craftsmanship, have illuminated the
pages Of our country's history, were
lawyers. and lawyers have been in the
front rank in every reform movement
In this country since the signing of the
Declaration of Independence
1T seems to me unjust that you
should assail the lawyers as you have
done. not only in the article referred to.
but in various articles which have re-
Gently appeared in your paper. You
have many friends among the lawyers
of the state Of Kansas, and when you
attack the lawyers as a Class you in
ferentia11y attack your friends individ-
ually-
says 1t Is Treason.
In your article you advocate the
notification of the constitution. The
one thing that has given stability to
our government, and brought so mucn
happiness and prosperity to our people,
has been a reverence for the constitu
ton. Had yoN published such an article
during the civil war. President Lincoln
would have had you incarcerated IN
prison for treason. You say: The Ques-
ton is not whether the Stubbs plan Is
constitutional or not. The question is
whether the plan is right OF wrong.
Once the question Of right or wrong IS
settled. the people will take care Of the
constitutions: and what is more, the
people will not bother to stop and amend
it
'aThe only proper deduction from
this statement is that you and Stubs
contemplate a rebellion against the
constitution and the law Before You
take the initial step you should seri-
ously reflect upon the fate OF Jen
Davis Robert Toombs and John G.
Calhoun I place you and Stubbs in
the category Of these great men only
to the extent that you are advocating
the doctrine Of nullihcation. In his ef-
fort to get an Office, am not surprised
at Stubbs advocating any old thing.
but I am amazed at your position You
contemporary urge that the constt-
tuition of this government, the preseE-
vation of which for more than hum
dred years has cost so much money
and the loss Of so many thousands or
human lives, shall be trampled under
foot And why? To enable feW
political parasites, masquerading under
the guise of reformers, to get into
Officer
ssAs I read your article, every per-
son holding bonds or stock in q rail-
road company is a thief. Do you be-
thieves how do you and Stubbs pro-
pose to punish the thief without doing
irreparable injury to the honest man
Do you believe that Stubbs would be
willing to sacrifice the 100000 or
$500, 600 which he is reputed to hays
made out of the Rock Island company
in order that a few thieves might be
punished?
Pack the Supreme Court.
you state: a president may amend
the constitution IN a day by putting
man or two on the supreme court
the people, What would you think %
president who would appoint men 10
the exalted position Of justice OF the
supreme court of the United States be-
cause of his preconceiyed opinion as
to the merits OF any particular Ques-
ton? What would you think OF
court made up Of such judges2 Woulo
you have any respect for the president
who would do that. or any confidence
IN the judge who would accept such
an appointment?
'tThe contention OF yourself and
Stubbs is nothing short Of unadulter-
ated socialism. If the judges appoint
ed as you suggest should happen to be
/ honorable meG-Inen who would re-
fuse to ignore the constitution which
they were sworn to protect and en-
force=what would you and Stubbs
suggest be done with them We have
no guillotine nowadays. 1t Is true that
If Stubbs should be elected United
/ States senator he might secure the
passage of q bill establishing whipping
posts, and then whenever q judge OF
the supreme court did not make a de-
cision satisfactory to his royal high
ness and a few of his satellites, the
aforesaid Judge might be given 8
! thrashing. and the wrath Of the pe@9
pie thereby appeased-
You intensity your contention by
/ the further statement that: Stubs may