Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1907-10-24
JUDGE DAYTON AND LIQUOR.

To His Excellency, Theodore Roose-
welt, President of the United States
Sir 1T was my duty on October 10.
1907, to listen to a charge delivered by
Judge Aston G.. Dayton of the North
ern District of West Virginia, to grand
Jury assem- bled in the United States
Court room in Martinsburg, w. Va.
In the course Of his charge, he used
this language:
mo honest man ever sold liquor"
Now respectfully submit that man
occupying a judicial position should
not condemn q man before trial. This
man has been authorized to try men
for violations of the whiskey, or Inter-
nal Revenue law. Since the time OF
Alfred the Great, a man accused OF
crime 10 presumed to be innocent until
proven guilty; but a man accused OF
viol alton OF the whiskey law, aud ar
raigned before this Judge, has. staring
him in the face, even before indictment
or trial, "No honest man ever sold
whiskey." This is a reflection not only
on the living. but upon our sainted
dead. Judge Dayton might with equal
truth have said, mo honest man ever
pracriced law" The only excuse for
such an assertion must be that the ut
terer thereof is utterly devoid OF a judi
cal temperament. and | respectfully
submit that it shows so much bias, so
much prejudice, as to entirely unfit him
to occupy position on the bench, and
in my humble opinion he should be re-
moved.
Very respectfully yours,
II. @. GETzENDANNER.
The above letter was published last
week in the Charles Town Advocate,
Captain Geszendanner's home paper,
and has occasioned considerable com.
ment. While awaiting Judge Dry
tons action in regard to the matter
aud President Roosevelt's opinion, an
interesting topic for discussion has
been opened up. Judge Dayton, it
has long been known. has had siren.
uous views upon the subject Of liquor,
and never feacs to express them. He
uses plain language, but, in the opin.
ion of many persons, not a bit too
plain. He denounces the liquor traffic
as an utter abomination, and if he had
his way would put an end to it. Per.
sonallY and officially he IS opposed to
it, because he does not believe that
any man in the business conducts it
legally or honestly. This brings up,
naturally, the question whether ne is
right or wrong when he says. "no
honest man ever sold liquor"
Is a man honest if he sells stuff for
pure liquor that is adulteratedH Is he
honest he represents his goods to be
one thing when in reality they are
another7 Is the contents of any liquor
saloon what it is supposed to be2
1t has been asserted that no man
can in these days conduct the liquor
business at profit if he strictly com.
plies with the law. The law in West
Virginia says that no liquor shall be
sold or given to any minor, any per-
son Of unsound mind, any person who
is intoxicated at the time, or who is
in the habit of drinking to into1ica-
ton; that no man shall be allowed to
drink to intoxication on the premises
where liquor is sold. Has any saloon
keeper ever strictly observed all of
these conditions ? Then comes the
ethical question, If he has not OBJ
served them, is he honest2
If no liquor is ever sold to minor,
directly or indirectly, or to intoxicst-
ed persons or those in the habit Of
getting intoxicated, or at such hours
as are forbidden, could saloon-keep.
err pay the heavy license and other ex-
penses and make living, especially
if, determined to be honest, he sold
only pure and unadulterated good,2
These are interesting public ques-
tions, and we should like to see fair
and conservative discussion of them.
Perhaps Judge Dayton's attitude and
Captain Getzendanner's charge may
bring it.