davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1912-02-23
JURIST DENOUNCES RECALL
Justice Tompkins Tells Lawyers
Roosevelt Is Wrong.
IBy Telegraph to The Tribune. !


Newburg, n. Y, Feb 22.-Insisting that
the minority as we'll as the majority has
rights. Arthur S Tompkins, Of Nyack jus
tice Of the Supreme Court. took issue with
ex-President Theodore Roosevelt in On ad-
dress before the Orange County Bar AS
sociation at its annual dinner to-day.
Justice Tompkins took exception partcu-
larly to the proposed recall Of judicial de-
cisions. advocated by Mr.. Roosevelt in his
address in Columbus, Ohio Such a meas
ure. said Justice Tompkins. would be not
only vicious. but IL would destroy the pur-
pose and effectiveness OF the Constitution
Of the United States.
The Constitution, said the speaker. is de-
signed for the protection Of the minority
and the weak. but the minority will have
no protection If the majority is permitted
to override the decisions Of the courts This
would be the case in the event Of the en-
actment Of law providing for the recall
OF judicial decisions.
Justice Tompklns also differed with Mr.
Roosevelts contention that the recall Of
judges would be a good thing for the coun-
try He urged all lawyers TO exercise their
influence against the adoption of new doc
trines. including a few of those advocated
by Mr.. Roosevelt. lie voiced his profound
conviction that the Constitution should be
paramount. binding alike on the execu-
tive, the judicial and the legislative
branches Of the government He decried
the agitation of to-day tending to put the
Constitution below the ordinary law by pro-
viding that il may be amended on six
months notice by a vote of the people
New-York tribune., 1912-02-23
PENNYPACKER BOLTS
Cannot Stand for Roosevelt's
Columbus Speech.
lBy Telegraph TO The Tribune

Philadelphia, Feb. 22.-Ex-Governor Sam
uel W. Pennypacker heretofore a stanch
supporter of Theodore Roosevelt, to-day
decided that the time had come for the
worm TO turn" and issued a statement IN
which he said he would rather subscribe
to the principles Of government formulated
by the fathers OF the Republic than to
walk in the path blazed by Colonel Roose-
Welt in his speech at Columbus, Ohio, YES
terday. He said:
My view is that it is a very good system
OF government under which we have pros
pered and grown beyond all measure, and
has been helpful 10 everybody; TO those
who labor with their hands as we'll as
those who labor with their brains. The
correctness of the thought Of the men
who framed the Constitution is shown by
the fact that all over the world the ma
tions are looking forward 10 the adoption
Of the same system. The suggestion that
We should throw it aside and adopt untried
devices and wild experiments I'm the re-
gions OF excited and dangerous philosophy
does not in any way appeal TO me-
/ think the time has come when the
American people had better take time TO
consider carefully present conditions in an
effort TO clarity the political atmosphere
and 10 return 10 sober, sane and safe prin-
cipes.
The Ex-Governor said that Colonel Roose-
velt's proposal to have the people vote on
decisions Of the Supreme Court when such
opinions construe the Constitution was
ludicrous and cumbersome. and the expense
would be too heavy financial burden
New-York tribune., 1912-02-23
SULLIVAN SUES HEARST
Will Bring Actions for Libel in
the 102 Counties of Illinois.


Chicago. Feb. 22-Declaring his intention
to file similar proceedings in each OF the
lO2 counties of Illinois. Frank J. Quinn, OF
Peoria. representing Roger G. Sullivan, OF
Chicago, in the Circuit Court OF Peoria
County, filed suit to-day against William
Randolph Hearst. Andrew Lawrence and
the Illinois Printing and Publishing Com
pany alleging libel Twenty-Five thousand
dollars is demanded.
Mr.. Sullivan has been libelled for years
by Hearst and Lawrence" said Quinn,
"and recently the papers have charged him
with participating in conferences with rep
resentatives Of Governor Deneen and others
in an effort to get the Circuit Clerk of
Cook County. Robert Sweitzer. 10 violate
the primary election laws as applicable to
Cook County"
Of the Hearst newspapers ever since the
New York editor has tried 10 dominate po-
Iitical affairs in this state" said sullivan
tonight. His newspapers recently
charged me with holding a conference with
the Deneen Republican leaders and fixing Il
with the County Clerk so that the Demo-
cratic organization candidates and the
Deneen candidates should have the leading
positions on the primary ballots. In this
connection 7 was accused OF working with
the Republicans. All OF these charges are
untrue and malicious
New-York tribune., 1912-02-23

Toledo. Ohio. and speak to the Chambe-
of Commerce there the night Of March 8.
Here he Will probably make the first speech
Of series that viii! reply 10 Mr. Roose-
welt.
President Taft, il was said to-day. felt
that Mr.. Roosevelt had at last given him
an opportunity to make his position clear
without indulgIng in any personal attack.
With many Of the doctrines the ex-Presi-
dent stated at Columbus President Taft IS
IN agreement, but to others he is known
TO be unalterably opposed. Among these
are the initiative and referendum, the re-
call of judges and the recall of judicial
decisions.
The President has speaking enga gements
in New York, Ohio. Chicago and New Eng
land and it is possible that others will be
made for him. Many kilograms were re-
ceived at the White House to-day. asking
the President 10 stop on his way to Chi
cago. and other additions to his programme
than the Toledo speech may be made.
New-York tribune., 1912-02-23
UNDERWOOD SEES FIGHT
Believes Roosevelt Will Follow
His Hat"
tBy Telegraph to Tho Tribune.


Philadelphia, Feb % THAT the speech of
Colonel Theodore Roosevelt to the Ohio
Constitutional Convention yesterday means
a split in the Republican party, with Mr..
Roosevelt as candidate for the nomina-
ton in opposition to President Taft, was
the declaration in this city this afternoon
of Oscar w. Underwood. of Alabama, Dem
ocratic leader in the House OF Representa-
tives.
Without commenting on the logic of Mr..
Roosevelt's declaration, Congressman In
derwood expressed the conviction that the
ex- President would follow his hat" and
that this declaration from him indicates a
fight 10 the finish between him and his
successor.
The Alabama Congressman, who is a can
didate for the Democratic nomination, was
accompanied by Senator Bankhead of Ala
bama, his campaign manager. and James T.
Lloyd, Representative from Missouri.
THE Roosevelt speech has created wide
comment and discussion among members
Of Congress In Washington" Mr.. Under
wood said. Il do not care to criticise the
position Colonel Roosevelt has taken. but
in everything he said he showed a direct
antithesis TO the position that is occupied
by President Taft. His speech unquestion-
ably announces him as the candidate for
the Presidential nomination Of the Progress
sives of his party. Colonel Roosevelt has
indicated that he will follow his hat and
when ne made such a statement he meant
that he would follow it TO a finish.
"The only consequence can be hard
fight for the nomination and a wide split
i'm the Republican party.
New-York tribune., 1912-02-23
Carmody May Not Appeal.

| will withhold the decision as TO whether
an appeal will be taken until after con-
sultation with District Attorney, Whitman.
The decision OF Justice Gerard being 10
the effect that there was no valid convic-
tion and that the court had no right 10
pronounce sentence, | may reach the con-
clusiOn that II cannot and should not be
reversed.
I desire TO say that ! assume no respon-
sibilty for the present confusion. II was
for the purpose OF avoiding II that strong
~ urged tho GovcrnO: on several occasions,
the last time I'm my public statement 10
him yesterday. To grant a pardon. l do
not wish to be Understood as questioning
the Governors judgment.
! do not agree at the present time that
the Governor cannot pardon. oven attor
Justice Gerards order is entered.
] have heard nothing from Mr. Whitman
since Justice Gerard entered his decision.
l. however. have an understanding with
him. and We will consult together before
any decision is reached AZ 10 an appeal
bv either Of US from Justice Gerard's de-
ciS'Ou. I intend 10 GO To New NOrk to-
morrow for O consultation with him on this
subject. and feel sure that Mr.. Whitman
has not announced in advance OF TINS con
ference what he will or Will not do, al
though n" has the right To take an appeal
without consulting me.
Governor Dix heard late o-night what
the Attorney General had TO say about
his decision 10 suspend all further OK
ecutive proceedings and Justice Gerard's
statement that the Governor would be
able to pardon Brandt any time before
the habeas corpus decision was filed to-
morrow morning but he declared that
he would have nothing more to say to-
night.
The Governor granted early in the day
the application Of ex-Judge Parker and
Mr.. Nicoll 10 present oral arguments
before him at noon tomorrow I'm favor
Of broadening the powers Of Commits
sioncr Hand with view to the Schiffs
and Mr.. Cans appearing as witnesses
before the commissioner.
In view Of the new phase Of the case
tonight. however. the Governor sent
kilograms 10 Mr.. Parker and Mr. Nicoll
cancelling the hearing.
Governor Dix's efforts 10 evade respon-
sibilitv I'm the case of Folke T., Brandt
New-York tribune., 1912-02-23
STANDARD since 1888"

him would be continued on Tuesday. he
said:
II take IL not. ! do not think the hear
ings are likely 10 go on In the present
state Of affairs. This, however, is my in
ference only. II will depend on my instruc-
tions from the Governor"
He said that he had no appointment for
another meeting with Governor Dix.
Il have made my report" he said. and
that ends my connection with the case un-
less / get further instructions from Cow
ernor Dix. without which ! shall do Moth
Ing more"
When District Attorney Whitman was
told of the statement issued by the Gov
ernor, he said that Justice Gerard was
right and Governor Dix still had full power
to act.
Justice Gerard's opinion is only an opin-
ion until IT is signed and fled" he said.
"and neither Brandts status as q conviot
nor the Governors power TO pardon is al
fected by it."
Attorney General Carmody called District
Attorney Whitman on the long distance
telephone at o'clock last night to discuss
with him the question OF taking an appeal
from the decision OF Justice Gerard should
the Governor fail 10 issue a pardon anu
the decision be signed and fled and thus
become an order OF the court. Mr.. Whit
man was out at that time. and when he
tried later to get Attorney General Car.
mody he was unable to do so. The Attor-
ney General will come to this city for q
conference with Mr.. Whitman to-day ana
the question OF an appeal will then be de-
| cided
Both Mr.. whitman and the Attorney
General are opposed 10 taking an appeal.
| but the District Attorneys position as a
county officer may make IL necessary for
! him to do so II ordered by the Governor.
Attorney General Carmody Is not subject
to the orders OF the Governor
| Ex-Judge Parker agreed last night with
Justice Gerard that the Governor still had
power TO issue a pardon TO Brandt as the
! opinion Of Justice Gerard would not be.
come an order of court until It was signed
and filed.
Il shall not go TO Albany, however" said
! Judge Parker. II do not know what may
happen in the next day or two"
New-York tribune., 1912-02-23
Suspended for Time Being.

am authorized by Mr. Hand TO say that
ne agrees absolutely in this conclusion, and
under these circumstances ! am reluctant
ly compelled TO consent that further pro-
ceedings before the commissioner shall, at
least for the time being. be suspended
!, OF course, expect and desire that the
state shall appeal from this decision of the
Supreme Court. Tie Attorney General has
said that II the writ of habeas corpus
should be sustained he would appeal from
the decision, and / have also understood
that the District Attorney OF New York
County believed that in case OF such an
adverse decision an appeal should be taken.
If the decision OF the Supreme Court is re-
yersed / shall press to conclusion the
full Investigation and ascertainment OF
facts by my commissioner contemplated in
my appointment of Mr.. Hand.
JOHN A. DIX.
Commissioners Hand who came up
from New York on the noon train, re-
turned later in the day. He declined to
discuss the case. The Governor said
Mr.. Hand did not make any recommen-
dation to him regarding the granting of
L pardon.
While Mr. Hand was speeding to New
York the Attorney General was digest.
ing the Governors statement. He could
not seem to get the Governors point Of
view on the situation. and at length he
issued the following statement:
The order OF Justice Gerard cannot he
entered until tomorrow. The Governor,
therefore, can pardon Brandt any time
before the order Is entered II the de-
cision OF Justice Gerard stands there is no
need OF a pardon Having no assurance
that a pardon will under any conditions
be granted unless il be granted before
the order IS entered. and believing that
Brandt is entitled to be discharged on the
ground that there has been no valid con-
victiOn, II may be that ] will decide not
tc appeal He must get justice from some
source
New-York tribune., 1912-02-23
PROGRESSIVES FOR TAFT
Texas League Opposes Nomina-
tion of Roosevelt.
NV Telegraph to The Tribune. J

IPy Telegraph to The Tribuue.l
Dallas. Tex. Feb. 1.-The Progressive Re-
publican League of Texas, represented by
It's executive committee in session here
to-day unanimously declared for the re-
nomination Of President Taft. The league
was organized originally TO support Senator
La Toilette, but since his retirement con-
siders, In the words Of its chairman, w. b..
Brush. of Austin, Taft as Progressive a
Republican as any before the people for
the Presidential nomination"
BY resolutions adopted to-day the league
opposes any third term nomination and
specifically the nomination of Roosevelt. 1t
pledges its effort to secure Texas delega-
tion TO the Chicago convention pledged for
Taft's nomination, First, last and all the
time"
Further resolutions 'denounce and op-
pose" the initiative and referendum as
vicious. dangerous and un-American."
The Texas Progressive Republican League
in its platform adopted to-day pledged itself
TO secure Taft instructed delegation from
this state and to oppose continuation of
the leadership of Colonel Cecil Lyons state
chairman and national committeeman, who
is SAID TO be supporting the Roosevelt move
ment
New-York tribune., 1912-02-23
CAN'T PARDON, SAYS DIX
Continued from first page.

out by Folke EnGle Brandt has. for the
time being, completely tied up further pro-
ceeoinSs before Commissioner Hand. [
am informed that the decision In the ha-
beas corpus case is, in effect. that the con-
vtction OF Brandt was Illegal; that he wGs
therefore Illegally detained as a convict,
entltled TO be released az such convict and
held Tor trlal as a defendant under indict-
ment; that under Section 5 OF the Constitu-
ton | nave power only to grant reprieves,
combinations and pardons after conviction
that the conviction of Brandt having been
get aside by the Supreme Court. my power
10 exercise clemenCy does not exist and
incidentally, my power 10 have a hearing
conducted In matter pertaining TO an ap-
pllcation for clemency does not exist
i Iherefore. unless and until this decision or
the supreme Court shall be set aside or re-
yersed IN some proper way, the status OF
Brandt being pot that of a convict. but only
mat OF defendant under indictment await
Ing trial, the Governor has no power. under
the constitution, 70 exercise executive Glenn
cncy. nor power. under the law. TO have
prosecuted hearing by commissioners In
matters pertaining to the exercise OF such
clemency
New-York tribune., 1912-02-23
TAFT INDoRSED IN VIRGINIA
District Convention Also Names Two
Delegates to Chicago.

Bristol Va, Feb. 2-Congressman C.
Bascom slemp was nominated for re-elec-
ton by Republicans of the 9th District OF
Virginia, in convention here yesterday. The
administration OF President Taft was in
dorsed.
l.. y. Summers. internal revenue col
lector and A. +. Crockett, secretary 10
Congressman Slemp, were elected delegates
10 the National Republican Convention.
New-York tribune., 1912-02-23
Mr.. TAFT WILL REPLY
To Answer Columbus Speech
Without Attacking Roosevelt.
tBy The Associated Press.

TBv Inc AFtocIdteu IItsb'I
Washington, Feb. 22.-President Tart VIII
reply 10 Colonel Theodore Roosevelts Co
iumbus speech. Although the President
Will make 10 direct attack on Mr.. Roose-
Welt, and although administration officials
refuse 70 discuss his Columbus speech II
became known to-day that the President
would answer the speech and present a
ciear-cut issue between his political creed
and that OF his predecessor Mr. Taft
answer Will not be made all IN one speech,
lint between now and the last of March he
+ has many speaking engagements that will
os utilized for this purpose
The President today extended his forth
coming trip to Chicago. He will stop I'm
New-York tribune., 1912-02-23
s.5oo,ooo ORANGES At AUCTION.

Los Angeles, Feb "A record was es-
tablished In Los Angeles yesterday for the
quick sale of lemons and oranges. Seventy
five carloads OF fruit. containing $4,000
oranges and 10000 lemons were auctioned
of for total Of $4,000. at the rate Of one
carload a minute. The growers got spot
cash. The oranges brought an average Of
q g q hnN
New-York tribune., 1912-02-23
II 6, Cash OFFERED TO JAMAICA.

Kingston. Jamaica, Feb. %. The govern
mont is considering the proposal Of an
American syndicate e. spend $5,oO,"o 70
nro,idc for IA dock repairing plant and 10
carry out harbor improvements at Kings
ton in view Of the opening OF the Panama
canal The proposal will likely go before
tho legislature for ful discussion.
New-York tribune., 1912-02-23
ROOSEVELT CLUB IN OKLAHOMA.

Oklahoma City. Okla. Feb. 22.-Twenty-
one OF the seventy-six counties in Okla
homa were represented at a rally here last
night at which an organization was formed
TO support the nomination OF Theodore
Roosevelt as the Republican Presidential
candidate.
New-York tribune., 1912-02-23
Gerard Expresses His View.

In it's present shape, as an opinion an
nounced from the bench, the decision whlch
I gave on Wednesday cannot affect the
Governors action or powers In any way
said Justice Gerard yesterday.
The Justice explained that his opinion
would not become an order OF the court
until II was signed and filed. and II had not
vet been signed. He made IL plain that he
stood by the opinion and would not with
draw or modify IT, but he would delay sign
ing IL to give Governor Dix time to issue
pardon. Justice Gerard let II be under
stood that he would be liberal and give the
Governor plenty Of time In which 10 act
hut when he was asked II his action was
likely to be delayed for another week ne
intlmated that he thought the first or next
week at the most should be time enough
for anv man TO make up his mind in this
case
Mr.. Hand was quoted in the statement by
Governor Dix as agreeing that the Gov
arnor's hands we're tied and he could not
issue a pardon. When he was asked ABOUT
this last night he said
"As Justice Gerard does not decide any
thing. there has been no decision. Techni-
caIly. this still leaves Governor Dix In the
nosItion of being able to issue pardon, as
Rrandt's position is not changed from that
of convict
When he was asked II the hearings before
New-York tribune., 1912-02-23

failed again yesterday. His thought that
he could take advantage OF the opinion OF
Justice Gerard sustaining the application
for a writ OF habeas corpus for Brandt
as indicated by his statement in Albany
that he no longer had the power to issue
pardon, in view OF the action OF Justice
Gerard, was disputed on all sides here
last night
Justice Gerard made II clear that the
pardon power still lay with the Governor
and that II would remain in his hands for
several days. and not only Attorney Cen
eral Carmody, District Attorney Whitman
and Richard L. Hand, Governor Dix's
special commissioner but ex-Judge Alton
B. Parker, chief counsel for Mortimer Ia
Schif, and Howard S. Cans, agreed that
the Governor still had the power TO pardon
Brandt.
The paper handed down by Justice Gerard
Wednesday is as yet only an opinion and
as such does not affect the status of Brandt
as convict or interfere with the power OF
Governor Dix to issue a pardon. II Will
not become an order OF the court until It
has been signed and filed, and these for
malties will be delayed for several days
to give Governor Dix a chance to act.
Justice Gerard thus again puts the issue
squarey up to the Governor and places
the responsibility clearly with him.
This situation was made clear to Gov
ernor Dix last night in q telegram to him
from District Attorney Whitman. The DIS
trict Attorney and ex-Judge Parker and
Mr.. Nlcoll received dispatches from the
Governor telling them that the hearing De-
fore him to-day to determine whether Mr..
Schiff. Mr.. Cans and Mrs. Schin should be
permitted to testify before Commissioners
Hand would not take place. The dispatches
which were identical, said:
] have decided that the. convictlon OF
Brandt having been set aside Dy the gu
preme Court, / no longer have power 70
continue the hearing before Mr.. Hand. IN
der these circumstances / am reluctantly
compelled to consent that further proceeo.
ings before the Commissioner shall az ieas'
for the time being, be suspended, and nave
So ordered Mr. Hand. l, OF course, expecI
and desire that the state shall appear lIot. y.
the decision OF the Supreme Court, ana II
that decision Is reversed l snail co1tshut. y.
the investigation and ascertslnEenl o,r.
facts before Mr.. Hand. Under these cI
cumstances I shall not expect you 10 ap-
pear before me tomorrow.
In reply to this District Attorney Whit
man sent dispatch to Governor Dix say
ing:
Brandts conviction not set aside, az JUS
tice Gerard's decision has not yet been en-
tered II you desire TO exercise executive
clemency you may still do so.
This dispatch was sent by District Al
torney Whitman after a conference win
Justice Gerard on the telegram sent by the
Governor to the District Attorney. 1t was
agreed that nothing should be left undone
10 make the Governor fully acquainted with
the real situation in regard to the opinion
handed down by Justice Gerard.
New-York tribune., 1912-02-23

Governor Wilson will go 10 Lawrence.
Kan. early tomorrow morning. He VIII
address the students at Kansas University
and thence 20 on TO ST Louis.
The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-12-12
Did Jones Bring About
The Defeat Of Wolgast
Fight Expert Declares Mana ger Sent Wolgast in to Fin
ish Richie in Order to Protect Bets-Ad no
Longer a Dictator.
6. a. Noiqht
Longer a Dictator.

understood the fight game. Molgast.
or for thai matte" two MolgaSts. can
not defeat :, hey OF Iiitcllir's ralibcr ia
four rounds.
II makes II sit up and take mo-
tlce. however,, how matters have.
changed i'm twn short weeks. l!rn..,
tho position of absolute .lirilIur Mot.
CAST appears 10 us i'm Tho ro,C AZ
'Plead"r. He is moving h, ,V"n .,r.l
earth t" secure II return inutrh wifi,
RIs "onIueror. and viii. make mos an.
shr; of concession tn hrin- ,hi~ about.
on course. tl'er" IS i;i,ls oh ,nrn IL
'titchi" Eran;iii.. to-. request in ;:,,.
near future. i!r wi! seek nnw ii..!.!.
vi prof, hat his victory carried uii:.
it, and ii will probably u. all of &, y.;l,.
or more before WnigAsi will he sly;uI-
ed a hearing.
None can find faull with Willie f.,r
this at"nd cause ii is but fo!luwin-
the footsteps of wnig.st. Nelson amc
others who have held the tiilo. Nrl.
son pleaded as Wolgasl is pitaGins
now. and the latter turned his back
on the Durable Dane. Why, then. j.
it not proper for l2itrhin 10 do like
wise" There is another item that
needs consideration. If Wolgas, meets
ttltchic again ii will be ut 135 pounds;
rinsside and not ~" pounds. as their
last meeting stipulated. This in itself
will give an advantages. to the prcsc,1,
champion. W" believe. however. tina,
olgast Will consent to his order.