Perth Amboy evening news., 1912-05-03

President Roosevelt and the federal
courts.
$50 there was wonder when there
followed President Taft's executive
order reopening the whisky branding
question settled by Attorney General
Bonaparte's successive opinions and
President R0esevelt's orders giving ex-
ecutive effect thereto.
Taft's Conscience R~econciled.
"At the time of the ruling in favor of
the swindlers by Solicitor General
Bowers, in June, 1899, the North Amer.
lean said:
"The real meaning Of this reopened con
troversy, Of course. IS that the conspiracy
to weaken. break down and nullify the
pure food laws IS widespread, powerful
and persistent. With President
Taft rests the responsibility of spreading
credence or giving the Ia to the general
Boosting OF the druggers Of food and
drink that the entire toll of Roosevelt and
Wiley TO safeguard the health of the peo-
pie IS 10 be obliterated before 1912 for the
benefit OF certain strong but not altruistic
interests.
"Six months consideration resulted
in President Taft's r~econciling bis con
science to the PRONUNCIATION of a presi-
Dental decision legalizing every de
mand Of the cheating poison makers of
the Taft-CoX and Joe Cannon baili-
wicEs. But this notorious annuIment
Of a portion of the work of Wiley and
Roosevelt is not the point of present
comment. The focus Of present inter
est is President Taft's aversion toward
any questioning of the sanctity Of judi
cial decisions.
But when the food committee of the
National Consumers league addressed
TO President Taft an appeal for the
recall Of DR.. Wiley's resignation and
cited certain facts decidedly pertinent
to President Taft's Mortified denuncia-
lions of 'nostrum makers and sub
verters of the constitution who lay
the Ak to the root of the tree OF liberty
who dare question the infallibility of
any judicial construction of any law?
For the Consumers league make
clear in taking up the Taft decision In
favor of the makers of imitation whIs-
ky that in this ruling the president re-
called the decisions of President Roose-
welt, Attorney General ~Bonaparte, So
licitOr General Bowers and seven fed
eral courts.
Seven Times Sustained.
Grinding themselves unable to sway
the Roosevelt administration in spite
of the efforts in their behalf Of Secre-
sary Wilson, the whisky poisO2ers
went into the courts. Seven times the
Roosevelt ruling was sustained, as fol
lows:
Aug. "a, 1903, in federal court at Gin
cinnati.
Aug. q, 1903, in same court. strong sup
Elemental opinion refusing a rehearing.
United States circuit court for south
ern Illinois, later in the same year, COM
pietely sustained the Roosevelt ruling.
Feb. 4, 1909. United States Circuit Judge
Cochran, at Richmond, specifically ruled
that the stuff which Roosevelt had order
ed to be labeled as imitation whisky was
exactly that,
Aug. II, 1908. the court Of appeals for
the District of Columbia broadly sustained
the Roosevelt ruling.
July 7, 1908. the United States district
court for western New York completely
sustained the Roosevelt rulings.
THE supreme court of the District of
Columbia, by decree in a case, United
States versus four barrels of liquid pur-
porting to be whisky held that the con
tents was an imitation of whisky.
"Oct. 2S, 1903. federal court at Baltimore
broadly sustained the Roosevelt ruling
that imitation whisky was imitation whis-
ky, and must be SO labeled.
Alphonso Taft's Opinion.
What the Consumers league failed
to cite, however, was that President
Taft in that one ruling not only re
called seven federal court decisions,
but also another which, while it did
not emanate from a court, was certain
ly judicial. For it was handed down
by Il great and honored jurist who sat
in the cabinet of President Grant. This
was the eighth decision recalled:
alcohol and whisky are, unquestion-
ably, different articles IN contemplation OF
law, as they are in fact, having different
qualities and different values. Opinion of
Alphonso Taft, attorney general, constru-
Ing section $40 of Internal revenue laws,
see Internal Revenue Record, p,
1876, volume 20
"Just what process of reasoning the
president employs to determine posi-
lively that he has the right to recall
! seven court decisions with a single sig
nature, while the recall of one by the
sober Judgment of millions Of citizens
in a state would destroy our funda-
mental national liberties, we are un-
nble to understand, except by remem-
bering that striking rortrait drawn by
tho lannntnd Dolliypr of tha amin bile
person in the White House entirely
surrounded by men who know exactly
what they want"
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