davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1912-03-21
FINDS FRAUD IN PETITIONS
Mayor Revokes Commissions OF
Men Attesting for Roosevelt.

Mayor Gaynor ANNOUNCED yesterday az
ternoon that he would revoke the licenses
of Louis Bernstein and frederick c. Dunn,
commissioners of deeds, after hearing
charges against them. Both were charged
with having falsely certified to certain
signatures on Roosevelt nominating peu-
tions.
John Koopman. the complainant against
Dunn. said his name was forged to the
Roosevelt petition and that SO far as ne
knew he had never seen the commissioners
of deeds Dunn said he had certified 10
the signature because the man VINO mace
it said he was Koopman.
on behalf Of Bernstein. who did not ap-
pear Robert :. Conklin. his counsel, said
his client was not experienced in the WORK
of n commissioner Of deeds and had certl-
fed i'm good faith the signatures made by
men who said they we're the men they
purported to be.
Mayor Gaynor did not believe that either
excuse was sufficient to justify him In
overlooking the offence.
"It does not astonsh me in any way,
said = = Koeng, president of tho Re
publican County Committee. when he
heard II the action taken by the Mayor.
From our examination OF the eight thou
sand names on the Roosevelt petitions we
are satisfied that majority Of them are
fraudulent or were fraudulently obtained.
But from the first VIC have had no de-
sire To obstruct the friends OF Mr.. Roose-
welt from having tho question of the Sc
lection OF delegates TO the national con-
vention put squareiy up to the voters In
New York County"
New-York tribune., 1912-03-21
The Initiative and Referendum and the
Recall Are Declared to Provide Proper
Check and Balance Only on Certain
Occasions; but the Direct Primary
Is Defended UnquaIifiedly.

preponderant opinion to be greatly and i'm,
mediately necessary to the public welfare.
The Ives Case Decision.
l insist that the DECISION OF the New York
Court of Appeals in the Ives case, which
set aside the will OF the majority of tho
people as TO the compensation Of injured
WorKmru III dangerous trades. was lntoiei-
able and based on wrong poiitical pnliOs-
Onhy. I urge that in such cases where me
courts construe the due process clause as If
property rights, TO the exclusion or human
rights, mad q first mortgage on the confu-
tuition. the people may, after sober dello-
Grafton, vote, and finally determine whether
the law which the court set aside shall be
valid or not. by this method can be clearly
and finally ascertained the preponderant
opinion of the people which Justice Holmes
makes the test Of due process in the case
of laws enacted in the exercise OF the police
power. The ordinary methods now IN vogue
OT amending ihc constitution have in act
ual practice proved wholly inadequate to
secure justice i'm such cases with reason
able speed, and cause intOlerable delay ana
injustice. and those who stand against the
changes j propose are champions OF WRONG
and injustice and of tyranny by the
wealthy and the strong over the weak ana
the helpless.
So that no man may misunderstood me.
let me recapitulatc:
ID | am not proposing anything in con-
rection with the supreme Court of the
United States, or with the federal Const-
tuition.
Cg / am not proposing anything having
any connection with ordinary suits, civil or
criminal. as between individuals
90 / am not speaking of the recall Of
judges.
GD l am proposing merely that in a Ger
tain class OF cases involving the police
power, when n state court has set aside as
unconstitutional a law passed by the LcES-
lature for the general welfare. the question
OF the validity Of the law-which should de-
pend, as Justice Holmes so well phrases It,
upon the prevailing morality or prcpon-
termination to a vote of the people, taken
after due time for consideration. And !
contend that the people. in the nature Of
things must be better Judges OF what Is
the prepOndenant opinion than the courts,
and that the courts should not be allowed
TO reverse the political philosophy Of the
people
New-York tribune., 1912-03-21
MEXICAN MINES STARVED
Prohibition of Shipments Of
Dynamite from u. S. Hardship.
BIG SUPPLIES HELD Up
Colonel Steever Detains 90, 900
Pounds at FL Paso-His Action
Approved in Washington.

Washington, March 20--Unless some ar
rangement is made soon to permit the ship.
ment Of explosives into Mexico, large min
inG industries probably viii be compelled 10
suspend operations
Colonel r.. u. Steevcr commanding the
ith United States Cavalry, to-day reported
10 the War Department that 5000 pound 3
of dynamite, consigned 10 commercial or.
ganizslions I'm Mexico is being held At II
Paso Tex, In compliance with President
Taft's proclamation prohibiting explosive
material of all kinds from being taken
across the border
Colonel Steevers action has been sn-
proved. Notwithstanding representation
that the dynamite was destined 10 mines
and smelters and that employees might be
thrown out OF work and into the rebel
forces. II was stated thet no exception
would be made to President Tafts proola.
nation. Offcials feared that tho dynamite
would bo seized by rebels and used 10 hiou
up bridges.
Rebel activities are reported by tho Amer
lean consuls. Many Americans are coming
10 Tampico for safety The federal garri-
son at San Bias, I'm the territory OF Teplc.
mutinied on March ~ in favor OF Orozco.
Two encounters between the Federals and
the rebels have occurred In the State of
Mexico and Zapatistas are now operating
I'm Puebla.
The American consul at Chihuahua has
been directed By the state Department 10
investigate report received by Senator
Stone, OF Missouri, from Arthur jenkins.
OF Dexter, Mo, that VI. e. Smith, an Amer
ican mineral prospector. was wounded and
prisoner Of the Mexican rebels at Chi
huahua.
New-York tribune., 1912-03-21
INDIANA FOR MARSHALL
Delegates to Baltimore viii Be
Instructed for Him.

Indianapolis, March 2O--In district cor
ventions in this city tonight. Indiana Dem
ocrats elected delegates TO the nationa
convention. The delegates were NOT h'
structed. but in statements issued to-de'
Bernard Korbly. chairman OF the state
committee, and other party leaders said TIE
state convention tomorrow would adopt q
resolution without opposition instrlctin
the Indiana delegation to vote for Governor
Thomas Il. Marshall for the Presdentia'
romination. The state committee has al
ready H. Iorsed his candidacy
-Four delegates-at-larse 10 the national
convention and fun state ticket are 70 h'
chosen at to-morrow's convention:
New-York tribune., 1912-03-21
oDELL COMES OUT FOR TAFT
Ex- Governor Says 26th New York Dis
trict Fayors denomination.

Newburg. y. Y, March 2o.-EX-Governor
r.. y. OdelI. jr.. who Is candidate Cor
state committeeman in the 26th Congress
District, to-day formally declared himself
I'm favor of the denomination of President
Taft.
Mr.. Odell asserted that he believed that
the sentiment In this district was for Mr..
Taft. aud he understands that the dele
gates named by the Republican orgauza-
ton here favor the President
New-York tribune., 1912-03-21
Quotes = Recent Decision.

NV point is well illustrated by a recent
decision of the supreme Court holding tha'
the court would not take jurisdiction Of a
case involving the constitutionality of the
initiative and referendum laws OF oregon.
The ground of the decision was that such a
question was not judicial in its nature, but
should be left for determination 10 the
other coordinate departments of the gov
ernment. Is Il not equally plain that the
question whether given social policy -
for the public good is not OF a judicial
nature, but should be settled lay the LegiS-
lature, or in the final instance by the people
themselves?
The President of the United states de-
voted most Of recent speech TO criti-
csm Of this proposition. He says that
II lis utterly without merit or utility, and.
instead of being i'm the interest OF
all tho people. and Of the stability of pop
ular government is sowing the seeds OF
confusion and tyrannv" (By this he Of
course means the tyranny Of the majority.
that Is. tyranny Of the American people as
a whole He also says that my proposal
(Which, as he rightly sees, is merely a
proposal 20 give the people a real instead
of only nominal, chance to construe and
amend a state constitution with reason
able rapidity) would make such amend
ment and Interpretation depend on the
feverish. uncertain and unstable determina-
tion OF successive votes on different laws
by temporary and changing ma1oriticS
and that 1t lays the axe at the foot Of the
tree Of well ordered freedom. and subjects
the guarantees Of life. liberty and property
without remedy to the httul impulse or a
temporary majority of an electorate.
This criticism is really less "A criticism of
my proposal than q criticism Of all popular
government. II IS wholly unfounded, un-
less II is founded on the belief that the
people are fundamentally untrustworthy.
If the Supreme Courts definition Of due
process i'm relation TO the police power is
sound. then an act Of the Legislature TO
promote the collective interests of the COM
munity must be valid. II it embodes a
policy held by the prevailing mOralty or
a preponderant opinion To be necessary to
the public welfare
New-York tribune., 1912-03-21
WILL ASK CLARK TO WITHDRAW
Nebraska Democrats Want Speaker to
Step Aside for Wilson.

Des Molnes, Iowa, March Ex-senator
Thomas p. Gore. of oklahoma, to-day au-
thorized the statement that Speaker champ
Clark is to be asked to withdraw in favor
Of woodrow Wilson from participation In
the Nebraska Presidential preterehuai
primary.
Senator Gore said the Nebraska progress
siye league, prior to the Bryan birthday
dinner last night. adopted resolution
calling upon the Speaker not to allow MS
name 10 go before the voters. lin view or
the rival candidates. OF Woodrow Wilson
and Judson Harmon"
The resolution follows:
ResoIved That il il the sense Of this con,
ferancn that the continued candidacy OF
sneaker Clark for the preferennal vote 10
La given the Nebraska" delegation TO tIL,
R,ltimore convention in view OF the rlNal
candidacies of Wilson and harmon, may
rSauIt i'm the success OF Harmon, ana thuS
sndanger the cause of true democracy ana
tbat if Mr. Clark will withdraw hlS canIl- III
dncv i'm Nebraska We recommend tnat inc
Nebraska delegation to the natlonal con,
ysrtion in the event Wilson cannon p5
nominated vote for Clark as It's secohu
choice.
New-York tribune., 1912-03-21
BARNES WILL BE CHAIRMAN
No Opposition Thus Far-State Com

Chairman Barnes OF the Republican
State Committee announced yesterday
that ne would call the new committee 10
be chosen at the primaries on Tuesday to-
gcthcr for organization on Tuesday, April
. The meeting will be held in this city.
Under the law the committee must meet
for organization within ten days after the
primary
There Is no talk of trying 10 substitute
another man for Chairman Barnes among
those who have opposed him In the past
Mr.. Barnes was asked yesterday II he was
a candidate to succeed himself He re-
piled. Il am not running away from any
duty. bur the matter will rest entirely
in the hands of the new committee
New-York tribune., 1912-03-21

San Antonio. Tex, March go-Revolution-
lists. number unknown, defeated one hun
dred rurales in fight on Monday, twenty
miles south OF Ojinags, according TO a tele-
gram received here last night by General
Duncan. commanding the Department oc
Texas, from Captain William II. Winter
81 Cavalry. now stationed at Presidio, Tex
The casualties were not stated.
A message from Pascual OroZco to the
American people assuring them that thev
need fear no trouble from the Vasqustas IN
Mexico. and that all foreigners and thc.r
rights will sscredly guarded, was brought
to san Antonio to-day by Melcho Comacho.
sent by Orozco as a confidential envoy to
Emilio Vasquez Gomez.
Del Rio, Tex. March 20.-A party NJ
Americans arrived here to-day from MeSic1
after having been robbed by Mexican ban
dts of everything they possessed. The
robbers carried a red flag with liberty n
scrlbed upon It. After stripping them Ok
everything and taking their horses and cat
tie the Mexicans warned the American
never to return to Mexico.
1t is reported here to-day that bandits
are raiding American property In The
mountainous region just west Of here
New-York tribune., 1912-03-21
WILSON VOTED FOR BRYAN
New Jersey Governor Denies He
Bolted 1908 Ticket.

In reply to circulars that have been sent
broadcast. stating that he did not vote for
BRYAN in 1903 and could not be classed as n
good Democrat, Governor Woodrow Wilson
Yesterday sent the following telegram to
Frank L. Mayes. Of Pensacola, Fla, yester-
day:
Story is untrue. | did vote for Bryan
and Kern I'm 1908
New-York tribune., 1912-03-21
NEGROES FOR ROOSEVELT
Contesting Delegates Will Be Chosen II
Every Virginia District

Norfolk, Va, March 20.-Two contestinS
delegates instructed for Theodore Roose-
v,lt for the Republican Presidential nomI-
nation, were chosen here to-day al mass
convention" composed exclusively of ne
grocs FROM the I'd Congress District. II was
declared that this was the first convention
to be held in each of the ten Virginia dis
tricts by negroes to elect contcsting dele
gates to Chicago. The delegates named
to-day were Wiley II. Crocker, of Suf-
folk. and Theodore Nash, of Portsmouth,
both negroes.
New-York tribune., 1912-03-21
LADIES can WfAR SHOES

One size smaller after using Aliens Foot
Ease. the antiseptic powder for the feet. It
makes tight or new shoes feel easy; gives
instant relief TO corns and Dunions. Blsters.
Callous and Sore Spots. It's the greatest
comfort discovery OF the age. Sold every
where, 2jc. For FREE trial package, ad-
dress Allen S. Qlmstod, lie Roy, n. Y.
New-York tribune., 1912-03-21

democracy on the scale of contllelnilt, ,, or,
empires of the old World. surely tliIs ~ ~
noble ideal. an ideal tor which II is Woat55
while 10 strive, an ideal for whlch at heUr 60
n is worth while 10 sacrifice much; FOR cur
ideal is the rule OF all the people Ill u sPni
of friendllest brotherhood toward each anu
every one of the people.
New-York tribune., 1912-03-21
Disbelief in the Voters"

Inc IfrSlncnl AGAIN anu dEdlil' ~ b'''ti,
tions I have given and elsewhere tnrouSh
his speech, expresses his d!Spel"I IN th'
people when they vote at the poIls. IN @ @oilc
sentence IA says that the proposition SlE'7
powerful effect to the momcntafy ihpulSt
of Il majority OF an electorate and prepares
the way for the possible exercise OF me
grUssest tyranny" Elsewhere he SPEAKS
Of the "feNerish uncertainty ana ul-
stable determination of laws by tempo
rary and changing maioritleS ana ag"ui
he says that the system ] propose NoElu
result in suspension OF Application OF con
Stitutional guarantees according 10 pOf!i@'
wHim" which would destroy all possible
consistency" i'm constitutional lntcrprsla-
ton. ! should much like To know the tN-
act distinction that II TO D. maze pGI"e''l
what he calls the itUl Impulse OF
a temporary majority when applied to Il
question such as that ! raise and any
other question. Remember mat under my
proposal to review a ruic ol d.clElon -
popular vote. amending or consrulnE' 10
that extent the constitution. would cor
tainlv take at least TWO years from the
time OF the election of The Legislature WhiCh
passed the act Now, only four months
eapSe between the nomination ana lho
election Of q man rs President. 10 MI TOT
four years the most important Office IN iI'
land. In one OF his speeches he speaks
Of the voice Of the people ~ COM
ing next to the voice OF God Apparent
~, then. tho decision Of the people about
the Presidency, after four months dt-
Liberation is 90 be treated as next 10 IN"
voice Of God; but If aitor two years OF
sober thought they decide that women ana
children shall be protected iu industry or
men protected from excessive hours OF la
Dor under hygicnic conditions. or wage
workers compeuSa ted when they lose lite
or limb i'm tho service OF others. then their
decision forthwith becomes Il "whim' and
"fcvcrish" and unstable and an exercise
Of "thc grussest tyranny and the laying
uf the axe 30 the foot Of the tree Of free
dom" II seems absurd TO speak Of q con
cIuslou reached by tho people after two
wears deliberatlon. after thrashing the
matter out before tho Legislature. after
thrashlug u ont before the Governor, after
thrashing IL out before the court, and
bv the court, and then after full debate
for four or six months. as tho dtful
impulse Of "A temporary majority.
New-York tribune., 1912-03-21
"wouId Put People on sJeachsrs.v y

Doubtless Congressman Campbell was not
himself aware OF the cynical truthfulness
with which he was putting the real .atti-
tudc OF those for whom he spoke. But 1t
unuuestionably is their real attitude. Mr.
Campbel's conception of the part the
American people should play IN self-gOv-
eminent is that they should sit on the
teachers and pay the price OF admission,
but should have nothing to say az TO the
contest which is waged in the arena by
tho professional politicians. Apparently Mi.
Campbell ignores the fact that the Amer
ican people are not mere Onlookers AZ a
game that they have a vital stake in the
ing unless they are able and willing TO
show that they are their own masters
am not speaking jo<ingly nor do T
mean TO be unknd: for repeat that many
honora bic and well-meaning mem Of high
character take this view. and have taken
II from the time Of the formation of the
nation. Essentially this view ts that the
constitution Is a straitjacket 10 he used
FOR the control of an unruly patient-the
people. Now, hold that this view is not
only false but mischieYous, that our con
qtitutjons are instruments designed to Sc
cIre Justice by securing the deliberate but
effective expression OF the popular will.
that the checks and balances are valuable
ss far. and only 50 far. as they accomplish
that deliberation, and that IL is warped
and unworthy and improper construction OF
our form OF government tn see IN II only q
means OF thwarting the popular VIII and
OF preventing iustce; The President says
tndt every ctdSS lloNt FSiNN
IN tho government. That seems to me a
very serious misconception OF the American
political situation. The real trouble with
us is that some classes have mad too muc!
voice. one OF the most important OF all
the lessons 10 be taught and TO be learned
ls that.a man should vote. not as "A repre-.
tentative OF class. but merely as good
citizen whose prime interests are the same
az those Of all other good citizens. The
belief in different classes. each having "a
voice In the government, has given rise 10
New-York tribune., 1912-03-21
ROOSEVELT SAYS COUNTRY'S EVIL
IS TYRANNY OF THE MINORITY

that the most serious obstacles that lilt!
have encountered during the many yea. .
that they have been trying to save NM AiiIGL,
lean women and children from destfuCu Cuoii
IN American industry have been the Goui 10
That is the judgment of almost all the So
cial workers | know. and OF dozens Oh per :
ish priests and cergymen and OF every vN
eCutive and legislator who has been sellous-
ly attempting TO use government as an
agency for social AMI Industrial bettelhient'
What is the result ~ this system oi luulII
cidl nullfcation? II was accurately s'atGu
by the Court OF Appeels Of New YORK ll
the employers liability cGse, where IL was
calmly ana iudcillly declared that tut
people under our republican government
are less free TO correct the evils that OPP
press them than are the people OF tlc
monarchies on Europe. To any man
with vision. to any man with hroau
and real social sympathies, 20 any man VINO
believes with all his heart in this great
democratic republic of ours. such a condl-
tiOn is intolera bic. Ii Is not government by
tn" people, but mere sham government III
which the will of the people IL constantly
defeated. 1t is out of this experience thas
my remedy has come; ana let II ne
fried I'm this field
New-York tribune., 1912-03-21
Calls for Chance for the People.

This is the question that | propose
to submit TO the people. How can the
prevailing morality or preponderant
opinion bC. better and more exactly
asccrtsined than by vote Of the pco-
pie? The people mus; know better tnan
the court what their own morality and
their own opinion is. | ask that you, here,
YOU and the others like ycU, you tn" peO-
pie. be given the chance to state your own
views OF justice and public morality and
not SIT mcekly by and have your views an
nOunCed Tor you by well meaning adherents
Of OutWorn philosophers who cXdlt the
pedantry of formulas above the vital needs
of human life.
The object I have in view could probably
be accomplished by an amendment of the
state constitutions taking away from the
courts the power 10 review the Legislature $
determination Of Il policy Of social justice,
by defining due process of law in accord
anCe with the views expressed by Justice
Holmes for the Supreme Court But my
proposal seems TO me more democratic and.
I may add, less radical. For, under the
method | suggest the people NAV sustain
the court as against the Legislature, where
as. if due process were denHed I'm the con-
stitutiOn, the decision OF The Legislature
would be final
The Presidents position Is the position
that has been held from the beginning Of our
government, although not always 50 openly
held, by Il large number Of reputable ana
honorable men who down at bottom ais
trust popular government, and, when they
and hedge II around with every species oil
restriction and check and balance, so as 20
make the power OF the people as limited
and as ineffective as possible. lie fair
ly defires the issue when he says that
our government Is and should be a gov
ernment of all the people by a representa-
tive part OF the people. This is an excel
lent and moderate description Of an oil
garchy Ii defines Our government as gov
ernment of all the people BY few OF the
people The President, in his able speech,
has made what Is probably the best pos
sible presentation Of the case for those who
feel i'm this manner. Essentially this view
differs only in it's expression from the view
markedly set forth by one of his support
crs. Congressman Campbell. Congressman
Hampshire, i'm opposing the proposition TO
give the people real and effective control
over all their servants, including the Judges,
stated that this was equivalent 10 allowing
an appeal from the umpire to the bleach
erS.
New-York tribune., 1912-03-21
FOR STATEWIDE PRIMARY
Roosevelt Leader in Ohio Issues
a Call.

Columbus. Ohio March ga call was
issued to-day by Walter +. Brown, chair
man Of the Republican State Central Com
mittee and leader of the Roosevelt forces.
FOR meeting of that body In Columbus on
March 80 for the purpose Of deciding upon
the time and manner Tor nominating a
state ticket and delegates TO the Rcpubli-
can National Convention.
Mr.. Brown also made public a letter to
t. g. Layton, chairman OF the Ohio Taft
campaign committee, urging Mr.. Layton to
cooperate with him I'm an effort TO secure
tho adoption by the state Central Commit
tee Of plan for holding a statewide
Presidential preference primary similar TO
that agreed on by the Democratic state
Committee
ST. Paul. MINI, March 2o-E. +. Smith,
chairman of the Republican State Central
Committee to-day called n meeting Of the
committee here for Tuesday. April ,, 10
determine the manner and time OF selecting
delegates to the Chicago convention.
As soon as the call was issued eX-Con-
cfessman James 4. Tawncy and J. 4. o..
rreus. secretary Of the committee. held Il
long conference. They discussed the pro-
codure To bc followed in calling tho district
Congress conventions. Mr.. TaWney is op-
posing the primary idea.
New-York tribune., 1912-03-21
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