davidaulloa/AmericanStories huggingface dataset:
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
LEGAL TEcHNlcALlTlEs.

The ordinary mind, unframed to
the infallibility of legal technicalities,
is shocked at the decision OF the Cal
ifornia Court of Appeals. which has
reversed the cases against the motto
rious grafters Schmitz and Ruef, hold.
F, ing that those men were not guilty,
although the latter had confessed his
crime The court In substance held
that the action of the Mayor in black
mailing certain restaurant keepers by
Withholding their licenses to sell
wines until they had paid specified
price to the Mayors graft collector,
did not constitute extortion under the
law. This decision was made on the
alleged ground that license to sell
did not in law constitute property.
Not only was this decision too much
for the lay mind but there are learn
ed jurists who have intimated that
they were shocked at such an out
rageous perversion Of justice. Judge
Dunno, one of the best known judges
Of the California inferior courts, does
not hesitate to condemn the decision.
He said, ut is to be regretted that
this case came up before court
whose members have relatives and in
innate personal friends under indict-
ment by the same grand jury that
returned the true bills in this case"
This probably accounts for the
strained construction Of the law
made by the appellate court If such
is the case 1t Is most severe reflec-
ton upon the judiciary of California.
When the people lose confidence in
the judiciary the very foundations up
on which the Republic rests will be
shaken.
However, there are honest judges
who love so we'll to split hairs, and
are apparently so anxious to become
distinguished for their ability to draw
nice distinctions which will mystify
the lay mind and even prove puzzling
to good lawyers, that they do not con-
suit the requirements OF justice in
deciding cases. This is unfortunate.
1t is the shadow and not the substance
OF the law that they are seeking
These judges sacrifice Justice for Lee
gal Technically.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
SUPREME JUDGES.

The death of Judge Wilkes of the
supreme Court brings to mind the fact
rev judges OF the States's court OF
last resort have died in Office. Not
since the death Of Justice Fowlkes IN
1890 has a Judge of the Tennessee
Supreme Court passed to his reward
during his incumbency Of that office.
The only death for ten years before
the demise of Justice Fowlkes was
that. of Chief Justice Deaderick, one
Of the really great jurists of the State.
Justice Fowlkes died in May. 1890,
and Gov. Taylor appointed w. d.
Beard his successor. However, Beard
served only until the election in the
August following, when Benjamin J..
Lea was elected Lea had served
with distiction as Attorney General Of
the State from 1878 to 1885 and was
one of the ablest men who ever filled
that high office. In 1888 he was elect
ed to the Senate from Haywood county
and became speaker of that body, pre-
siding during the stormy partisan de-
bates over the election laws.
At the expiration of his term in
1894 Lea voluntarily retired to private
life and was succeeded on the bench
by Judge Beard, whom he had sec
ceeded four years before. History
will probably repeat itself this year.
The Governors appointee will serve
only until the next general election.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
ausinEss ANnouNcgMENT.

The Editor Of The Herald, Mr.. +.
d. Lander, has negotiated for an In
terest in the Taylor-Trotwood Publish
ing Co.. and has accepted the posi-
don Of Treasurer and General Man
aver Of that Company. and viii enter
upon his duties In Nashville about
the first OF next month. The Taylor
Trotwood Magazine 10 yet In Its In
fancy, but Il has already taken long
lead over any other Southern Maya
zine, having approximately one hun
dred thousand readers;-chieny In
the South and Southwest. but scat
tered here and there In all the states
and territories In this Union, and
some across the seas. With so much
accomplished in so short while, It's
future growth and greatness seem as
sured.
This change does not mean that MI.
Lander will sever his connection Oh
part with any OF his interest In The
Herald. He will still retain MS own
ership OF the paper, and the control
of it's policy, and give general super
vision to its business management
and continue to contribute to Its edi-
torial columns, and will spend day
or two or each week with The Herald.
But with James l. Finney as associate
and general news editor, Ernest R.
Farrell as city editor, Walter ID.
Hastings as business manager and
Charles G. Sims as foreman OF the
mechanical department, Mr.. Lander
feels. that for the days he is absent,
he will leave The Herald in the hands
of men experienced. faithful and COM
petent to man successfully any news
paper property in Tennessee.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
LADIES' $500, $1,000 AND $25.oo
SILK RAIN COATS, $3.50 EACH.

Just IA of these beautiful coats
left.
We've simply shut our eyes to the
loss and say take EN-"
They're worth $3.50 just to hang up
in the hall and look at, and there Is
no more convenient, useful garment
made for damp bad day in Winter
or Summer.
Every one Of these Coats ought to be
sold before the banks open next Sat
urday morning.
soc WOOL DRESS GOODS, Csc A YD.
Some s or 10 pieces that we want
to close out, in Dark Plaids and Brok-
en- Checks, etc.
SOME OF THE NEW SPRING
GOODS ARE SELLING LIKE IT
WAS APRIL I.
New Ginghams, 12hc, l6c and zSc.
s4.inch Cotton Suitings that look
like wool, 15c.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
REVENUES AND TARIFF.

Leslie's Weekly sounds very sol
smn warning, all of which is too
late, to the Republican party in Con
gress on the subject of appropria.
lions. The financial panic, in the
opinion of that periodical, ought to
have been a warning to the party, but
Il wasn't. Apparently 1t had no effect
In moderating the enthusiasm for
big expenditures. Chairman Tawney,
Of the House Appropriations Com
mittee, has protested vigorously
against the prevailing tendency. He
predicts, II the estimates for the u.s.
cal year 1909 are adopted, a certain
deficit Of 100.00o,000, since the
Treasury Departments estimates OF
revenue for that period are $S75,12S,-
s11.3O, while the appropriations asked
for amount to $997,0OO,00O. The pro-
pcsed additional expenditures for mill
,ary and naval purposes alone aggre-
gate $100,O00,000, and in and out OF
Congress there Is agitation for vast
undertakings, like the Improvement of
waterways at total expense Of $780,
900, 900, jaunty talk OF the possibility
OF the Panama Canal costing 100000
900 before it Is finished three years
hence, and of the urgent need Of put
ting $4,000, 900 year into naval i'm
provements.
Leslie's offers this advice and COM
ment: Some of the great expendi-
lures will. no doubt, be beneficial
when we are in position to make
them. but even rich nation cannot
buy everything at once. Let our
statesmen take little time from their
discussions of ways and means for
lessening the amount of private and
corporate fortunes and try to keep
from dissipating the patrimony of the
public. Let them remember the en-
barassing deficit of Clevelands second
administration, and remember, too,
that such melancholy economic his
tory may repeat itself in our time
especially II we unite reckless extrav-
agance with reckless tariff revision"
Now this Is all very well except the
concluding sentence. Talk about
there being danger Of reckless tariff
revision" from Republican Congress
is absurd. There lie no danger" OF
tariff revision OF any character from
the Sixtieth Congress, or for that mat
ter from any Republican Congress.
The only way that the Republican
party has ever revised" the tariff has
been by Increasing the schedules. The
leaders now admir- that there is a de-
mand for revision Of the ubiquitous
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
GOVERNORS VETO POWER.

1t is generally assumed that th'
Governor of every State in the Ameri
can Union is vested by the organic
laws of their several States with the
veto power over legislation. Such
however, is not the case. There are
two States where all and final legisla
tive authority is vested in the Legis
latures. These are North Carolins
and Rhode Island. Strangely enough
both are of the thirteen Original
States. A movement is now on vote
in the first named Safe to invest the
Governor with the veto power.
In the early days of the Republic Sc
great was the fear of the people that
too much power would be vested in
one man, that the States were slow to
follow the example Of the trainers OF
the Nations organic law to give the
chief magistrate veto power of the
acts of the Representatives of the
people, and it was not until late in
the last century that Georgia, Penn
sylvania, New Jersey and Connecti-
cut granted the veto power to their
Governors.
But there is a very wide difference
in the methods of the several States
governing the final disposition of We
toed legislation. In sixteen States
the votes of two-thirds of the men,
bers elected are necessary to pass
bills, while in an equal number OF
States the votes of two-thirds of the
members present are necessary. In
seven States a majority of the mem
bers elected can pass the bill notwith-
standing the Governors veto. Ten
nessee is in this list. 1t does not re-
quire any more votes to pass meas
ure over the Governors veto than 1t
does to pass it originally. However,
experience has shown that it is prac-
tically impossible to pass bill which
the Governor has disapproved no
matter how large the majority for it
may have been on its original pass
age.
Delaware, Nebraska and Maryland
require three-fifths of the members
elected to override the Governors
veto. The Governors veto in the
States of Connecticut and Vermont is
very easily overridden since it re-
quires only majority of the men,
bers present. Two-thirds of all men,
bers elected Is required in Virginia to
pass a bill over the veto of the Gov
ernor.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
A SUGGESTION

When the grand jury reconvenes
next Monday 1t would be good idea
fr the Attorney General to summon
the City Recorder to appear before
the jurors and bring his docket. From
this docket the Attorney General
would no doubt obtain information
that would lead to number of in
dictments for carrying pistols and
violations of the liquor laws. Persons
who have been convicted Of these Of
lenses in the city court are guilty OF
offenses against the State laws. 1t Is
only by the most determined and Wig
orous prosecution Of the "pistol toters"
and the "boot-leggers" that these Of
lenses can be eliminated. 1t Is prop
err that all violations of the city laws
should be prosecuted and punishment
inflicted upon the offenders but 1t Is
more important that the offenders
should feel the heavy hand Of the
State law. II these suggestions are
followed we have no doubt that At
torney General Garner will find a
number of cases that otherwise might
escape attention from the county's
inuuisitorial body.
FROM BELLS HOME.
The Gallatin Examiner-Tennessean
severely criticises the appointment by
the governor OF Its fellow towns.
man, Judge Bell, to the supreme court.
Local PRIDE" 1t says, would ordi-
narily seal the mouth of criticism"
but this case $50 offends the Hottest
sentiment of an intelligent citiSen-
ship" that II cannot withhold its voice.
It charges Judge Bell with having
been ian active, aggressive represen-
tative and factional worker for Pat
terson while incidentally holding
court" We had expected something
like this: and we are quite satisfied
that there 10 more to come--Chatta-
nooga Times.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21

Dingley schedules, but pretend to be
lieve that It is inopportune to attempt
a revision before the election. After
the election should the Republicans
continue in power, the claim will be
made that there is no demand for a
change in the schedules. There will
never be any genuine reform of the
tariff in the interest of the millions Of
American consumers until the Demo-
cratic party is returned to complete
control of the government.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
rnoxvIlLE PROHIBITION.

Last Sunday the Chattanooga Times
devoted nearly two pages OF its val
liable space to an effort TO show that
three months prohibition in Knoxville
had been of very little moral beneft
to that city and had been . positive
harm 10 the business interests Of the
community. Replying to these
charges the Knoxville Sentinel. which.
II must be admitted, has better facili-
ties and better opportunities for know
ing the real facts than an outsider
makes these convincing statements:
since Chattanooga Is the cristic.
let's compare with Chattanooga. Dur
ing the month Of January, the latest
month whose figures are yet available,
the bank clearings for Knoxville were
$500 ,307. The bank clearings for
Chattanooga during the same month
we're $6,O22.9s4 Excess in favor OF
Knoxville s5S6.s23. The same clear
ings In Knoxville, as compared with
the month Of January, 1907, when
boom prevailed, were ga per cent.
less. Those in Chattanooga compared
with the month a year ago were 1913
per cent. less. So. in the instance OF
bank clearings, Chattanooga was hit
twice as hard as Knoxville. The
clearings for all southern cities. as
classified by the Financial Chronicle,
showed a decrease of 11.6 per cent.
So Chattanooga's decrease was more
than the average. while Knoxville's
were very much less.
mo evidence OF demnition bow
vows here!
"Now, Chattanooga boasts good
deal of its building activity. Let's
see the record In that respect.
1.-THE permits in Knoxville for jan
uary, 1908, were $75,750, in Chatta-
nooga for the same month they were
500, $50. Knoxville showed a large
increase, while Chattanooga showed
decrease over a year ago.
mo evidence of demnition bow
vows there, either.
According to figures furnished by
the Southern railway, the outgoing
freight shipments in Knoxville in the
third week in January showed an in
crease of $2.586 over the correspond
ing week a year ago."
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
SHOULD ABANDON POLITICS.

Representative Worley, of Sullivan
county, who is a candidate for re-elec'
ton to the House says his cleo
ton to the Speakership is assured
Mr.. Worley then, in order to relieve
an admiring constituency Of any doubt
on this score, proceeds to tell them
that he has ALREADY received enough
pledges to insure his election" How
ever, despite Mr.. Worley's emphatic
statement, we opine that he is going
to have some difficult:. In convincing
the people of Sullivan county that he
has suficient pledges from House
not yet elected to guarantee his cleo
ton to the Speakership.
It may be that Mr.. Worley has read
the minds OF the various Representa-
tive constituencies Of Tennessee and
has ascertained in this manner whom
they will elect to the next General
Assembly. If he has been able to &C
complisi1 this fact the ambitious young
statesman from Sullivan should aban-
don politics at once and go to the more
alluring and more profitable field Of
"high finance" A man with Worley's
discerment and power to read the fu-
ture should soon accumulate fortune
on change"
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21

Nevertheless in the true interpreta-
ion Of that term, can 1t be said that
there ia no anarchy in the South
with bands OF marauding night
riders burning property, XIII
ing. wounding and beating un-
offensive men and even women IN
Tennessee and Kentucky; with mob
In open daylight defying the law and
the army Of Mississippi and setting
itself up as Judge, jury and execution
err: with white cappers" regulating
the morals of a West Tennessee coun-
tv in defiance Of the law, no truthful
journal could claim that the South Is
free from anarchy.
Night riders have trampled under
foot the laws Of Tennessee and Ken
tncky. they have assassinated people,
burned their property and even beat
en- helpless women, all because these
people relied upon the constitutional
guarantee to protect them In their
life, liberty and the pursuit OF
happiness" 1t has been for more
than a century the proudest boast Oh
American citizenship that 1t imposed
no obligation upon any person to join
any organization, political, business,
social or religious, unless by the vol
untary act of the citizen. However,
under the rule of the mob and the
imperial dictation of night riders, this
constitutional guarantee has been
ruthlessly defed and citizen must
Join an association or take the conse-
ouences. which often mean assassina-
ton and arson.
In Gibson county, law-defying boot
leggers of the colored persuasion
have been giving the neighbors trou-
BILE, and instead of seeking remedy
in the courts of the land, the self
constituted regulators In defiance OF
the law have proceeded to administer
summary punishment upon the sup
posed offenders, having no regard
whatever for the constitutional
guarantee that no man shall be de.
prived Of life, liberty or property with
out trial by jury. The members OF
this mob are guilty of infinitely more
reprehensible conduct and have done
society infinitely greater harm BY
their course than the few negro boot
leggers whom they undertook to chas-
Use. Lawlessness begets lawlessness.
and just as certain as mob law Is al
lowed to go unchecked and every man
Is allowed to be his own avenger, an
srchv viii succeed law and the mob
VIII. sapplant the courts. !,
No state can efford to tolerate the !;
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21

II IL not usual for the Federal an
thorities to indulge In idle threats
As a general proposition violations Of
the Federal laws are more certain e
1--WE the offender trouble than infrae
lions OF the States statutes. The EN-
phatic declaration Is made that un
less the cattle quarantine laws are
rigidIy enforced and observed II
Maury county, the entire county VII
be placed below the quarantine line
n this is done no cattle can be
shipped from the county during the
close season, which extends over the
greater part OF the year.
Not only this, but the cattle thai
are shipped from the county after In
spection during the open season and
for Immediate slaughter will lose
from l to 21k cents in value on the
markets Of the country. The expert
ence of other counties in the State
has shown that cattle In the counties
below the quarantine line are worth
on the average Sc per head less than
those in the counties which are not
infected with splenetic or Texas fever,
Because Maury county cattle are the
best and highest priced cattle In the
State the loss per head, in this coun'
ty, Is estimated at $40.
There is no reason why the county
should be placed below the line, I'M
less the citizens most vitality affected
are Indifferent to the result that would
follow. II the people on the borders
of the county are alert, active and de-
termined to keep this county free from
the greatest cattle pest the South has
ever known, the county will be kept
above the danger line. Laws cannot
be enforced rigidly without the sym
pathy and encouragement of the peo-
pie, and especially is this true of the
cattle quarantine law. It behoves the
people of Maury county, and all Of
them are directly Or indirectly inter-
ested in the price of cattle, to use
every effort to keep out even the ap-
pearance of spenetic fever.
Every violation or attempt at viola
ton of the quarantine laws should be
promptly reported to the authorities
and the citizens should assist in pro-
curing the proof necessary for con-
viction. When a few offenders have
felt the heavy hand of the law and
are made to understand that any at
tempt to cross the line with infected
cattle will bring swift and certain pun
ishment, there will no longer be any
menace to the cattle interests of the
county. This is a matter that vitality
affects a large proportion of our farm
ers, and directly or indirectly is ofinter-
est to every citizen in the county. The
old adage "An ounce Of prevention is
worth a pound of cure" Is demon
strated truth. Let that be the motto OF
the authorities and of the public in
dealing with the splenetic fever men,
ace.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21

32-inch fine Cotton Suitings in
Plaids, Blocks, etc, Csc.
SPECIAL-Yard Wide 15c Corded
Madras, 1oc . Yard.
These are splendid for Shifting,
Ladies' Waists, etc.
CSC COTTON suITINGs, Toe A YARD
80 to "a inches wide, dark colors In
Plaids, Checks, etc.
CARPET DEPARTMENT.
$500 yards new China and Jap Mat
tings are just in this week. zoe, 26o
and up to SOC yard.
Splendid values.
New Rugs.
New Ingram Carpets.
New Administer and Velvet Carpets.
You are entitled to 1908 Merchants
Magazine Tickets free with each cash
purchase here u you call for them ae
time OF purchase.
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
YOU SEE 1T IN OUR AD ITS SO.

mob or organized opposition to Ito
lawful authorities. The situation In
the States Of the South calls for dras.
tic action. Our civilization is at
stake. Government most triumph
over anarchy NO matter what the cost
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21

1t Is altogether probable that the
members Of the Gibson county mob
who committed the outrage on negro
boot-leggers would readily sign a petit
ton to obtain clemency for white
bootlegger, whom the court and the
jury had convicted after a long and
stubborn EFFORT to defeat the law and
justice..,,a :. ~ ~ ~ :
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
GROWS HAIR
Cuticura Removes Dandruff and
Soothes Itching Scalps.

Warm shampoos with Cuticura Soap,
and light dressings, with Cuticura, pre-
crusts, scales, and dandruff, destroy
hair parasites, soothe irritated, itching
surfaces, stimulate the hair follicles,
loosen the scalp skin, supply the roots
with energy and nourishment, and
make the hair grow upon a sweet,
wholesome, healthy scalp when all
other treatment fails.
Complete External and Internal Treatment for
Every Humor oiInfants, Children. and Adults con-
curA Ointment lS0cl 70 Heal the skin, and Cytl
cira Resolvont (6Oc. l(Of Ia the form OF Chocolate
Coated Pa 2bc per vial OF COZ 20 Purify the Blood.
Sold thronghout the world. Potter Drug Chem.
Corp. 9oia frppa-. Boston. Mass.
ssAsal!aa Ffes. cal!egFa Dock op aka plseassrs'
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21

Wonder what irresponsible sub
& ordinate" on the Nashville Americans
ls,ssafr, gave the Governor that rapr'
The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1908-02-21
Mczalhpn, Anderson & Foster
Bows Clothing at Next-tO-NOthing

We're just Clothing b.
cause we've decided quit selling altogether
16-last Sat
rday ana Monday $3.50 to $500
WE OUGHT TO SELL HUNDRED MORE or These
SUITS NEXT SATURDAY MONDAY.
good boys clothes for par O.
two ahead $3.50 eO VOr OO1S
up 70 old
Boys Knee Pants
An the separate have too
4eO PAIRS GO ON GALE NEXT AT THESE
aSc pair the soc Knee Pants
sss a pair fer Knee Pants
ssc a pair for he Pants
TIC a pair for the
Ever know a pairs Of pantsf
You but there's excuse M that
state q, AFFAIRS after NEXT MONDAY.
There are two or smash
prices too
And while these good $5e
and 90 90 shoes at a and III Calf and
Mems douglas $3.50 Shoes, $1.98 Pair
rs pairs only bM Kid Patent Kid and Pat
entCo