davidaulloa/AmericanStories huggingface dataset:
Evening star., 1915-09-12

a judgment go against the government
contention in criminal case, that SIM
ply means that the machinery of the
government is prevented from infiict-
ing unjust and unmerited punishment
on an innocent citizen. and society and
the republic does not suffer. Rather is
it benefited. for a wrong done to a
citizen under suise of the law weakens
the whole government ia ahric.
Should the court hold against the
government in case involving title
to public lands. the meaning is that the
claimant has complied with the gov
crnment's own laws and regulations
and that the price he is paying to the
government for the land is under the
law adequate compensation. Here,
again, the government IS prevented
from doing an injustice to citizen.
''Or should the case be one involving
a contract between the government and
a citizen for the construction of certain
public works and should the court hold
against the government contention
justice is served, for the government.
otherwise the public. is entitled to
nothing beyond that which the law and
the particular contract requires
so, making due allowances for the
element of human error which may even
affect lawyers and courts at times, IT
may be said as general rule that.
while a government lawyer may lose a
case. his client. otherwise the whole peo-
pie of the United States. never loses.
Hence it is that freedom is accorded
to the government lawyer. and. in fact,
the obligation is laid upon him. to pur-
sue only the highest ideals of his pro-
fession.
In the arrangement of business in the
Department of Justice all cases in course
of preparation for trial in any of the
appellate courts. and particularly in the
Supreme Court, are passed on by the
Office of the solicitor general. which Of
flee is practically a clearing house for
the department. Such a central control
is necessary. since the multitude of
cases are prepared by a multitude of
lawyers. and since it is essential that
all cases should be presented not mere
ly with an eye to a verdict in a particu-
lar case. but also with a eye to the
doctrines and contentious which are to
be put forward in other cases. Only
by central control can the various plead
ings be harmonized and anomalies of
pleading prevented.
Some IS to 100 government cases go
before each term of the Supreme Court
Of the United States. and Of these the
Evening star., 1915-09-12

elected president of the convention. the
delegates solemnly, though passionate
1y, buckled down to business. James
Madison took notes of the debates in
longhand-a duty he performed per-
sonaIly and not officially. The notes
We're written out at his lodgings in the
evenings. Hamilton and Gouverneur
Morris have said that Madisons re-
ports of their speeches were accurate.
There were large states and small
states, commercial states and agricul-
tural states. Interests clashed Opin-
ions came into furious collision. Should
all men vote only those having
property? There was contention over
slavery and the inclusion of slaves in
Evening star., 1915-09-12

passed away and nation, experiment
tai at best. took it's place in history.
The articles establishing the confed-
Grafton made no provision for an ex
single house. with a president chosen
yearly from it's membership, could pass
laws. but could not enforce them.
Matters went from bad to worse after
the revolutionary war. Each state was,
in a measure, a republic within it
self and upon it's own responsibility.
Our situation Madison. then in Con-
gress. wrote to a friend in Virginia.
"s becoming every day more and more
critical. No money comes into the fed
eral Treasury: no respect is paid to fed
eral authority. and people of reflection
unanimously agree that the existing
confederacy is tottering to it's founda-
tion. Many individuals of weight" he
went on to say, particularly in the
eastern district, are suspected of lean
ing toward monarchy. Other individ
uals predict partition of the states
into two or more confederacies.''
Chaos. edging on actual anarchy, ex
listed everywhere. States, acting by
themselves. were issuing paper money
and making wars and treaties Con-
gress. having no power over trade,
could not regulate the commercial re-
lations of this country with foreign
nations.
BRITISH goods" John Bach Nc
Master, the historian, has said. came
ance of trade turned against US, and
to settle the balance the coin of the
country went over to England in boxes
and barrels. The states, deprived of a
circulating medium, put out paper
money"
Moreover. there was talk of a king
for America. THE ministry of Eng
land" Bancroft has written, "harbored
the thought of a constitutional mon
arch (for the thirteen states) with the
son of George III king, and they
were not without alarm lest gratitude
to France should place on the Ameri-
can throne a prince of the house of
Bourbon.
independence had been achieved, but
would it be lost in the riot Of violently
contradictory opinions that was sweep
ing over the country? The Union be-
fore the states." said Madison. and
for the sake of the states: the whole
before the parts, to save the parts"
So, after eighteen months of meet
ines and agitation, twelve states elect
ed delegates to assemble in Philadel-
Evening star., 1915-09-12

solicitor general picks ont such as he
prefers 20 argue in person. assigning
the others to various ass stant attorney
generals. II has heen the practice of
Solicitor General Davis to argue in per-
son some fifteen or twenty Of these.
At the last term Of the court the gov
e;'nnent was successful in nearly 20 pc"
cent Of the cases argued. Possibly he
had in mind that other 80 per cent when
he referred in his talk to Abe element
of human error which sometimes affects
courts.
Among the cases which he argued and
which attracted wide attention at the
time We're these: The pine line cases.
involving the validity of the statute
maIinG pipe lines common carriers: the
Oklahoma electoral franchise cases. bet
ter known as the grandfather clause
cases: the midwest oil cases, in which
he was assisted by Assistant Attorney
General Ernest Knabel: the Alabama
peonaee cases: the Delaware. Lackawan-
ma and Western cases. argued by him
self and Assistant Attorney General
Todd, involving the commodity clause
of the interstate commerce law. the In
ternational Harvester case. argued bv
the Attorney General and himself which
has been set down for reargument, and
the anti-kamn'a cases, involving III"
pure food and drug act.
That person who can deduce from this
list that the solicitor general has an.
particular fads or fancies or prefer
list which indicates the cathoiicity of
taste in the law on the part of Mr.. Da-
Wis. 1t confirms his statement that the
government lawyer is essentially a
general practitioner.
And that is just what this solicitor
general always has been. 1t is what
made him valuable a member of the
committee on judiciary when he was in
the House of Representatives.
x
Born a Clarkshurg. W. Va. his home
ever since, MIR. Davis received his ABB.
and B.L. at Washington and Lee Uni
versity. Then, in 1896 and 1897, he was
assistant professor of law at that in
stitution; but preferring the greater
activity of general practice to the aca-
demic atmosphere. he returned to prac.
tice at Clarksburg.
interested in politics as a democrat.
though never violent partisan. he in
his career has rarely sought office.
After serving one term-1S99-in the
West Virginia house of delegates.
where he was chairman of the judi
Continued on Seventh Page)
Evening star., 1915-09-12

F0HE cabinet maker with love for
his work had chiseled the pic
ture of sun high up on the
q back of the chair in which George
Washington. president of the conVeh-
tion. was sitting Delegates by states
were going forward and writing their
names at the bottom of the new Con-
stitution II was september H. 1909
one hundred and twenty-eIsht years
ago next Friday.
Benjamin Franklin. printer ana PM
Iosopher now very aged man. op-
served to some patriots standlhS close
to him that artists. seeing a sun on
canvas or paper. hardly could tell
whether the day was breaking or
dying.
II have been watching that sum-, he
said, pointing to the chair of George
Washington. during all of our dellb-
erations and have wondered whether
it was coming up or going down But
at length l know that it is rising and
not setting
The Declaration of Independence had
become one of the epcs of human his
tory, the revolutionary war was at an
end and now. in the document they
were signing. the victorious rebels had
perfected their labor of nation-hu
ing.
They had been toiling, often in the
terror of failure. since May 25-for
four months lacking week and
dayAat the old statehouSe in Phila
delphia. Sixteen of their number. more
over. refused to sanction, with their
names, the finished work of the con,
vention. In what spirit, then Would
the country receive the Constitution,
wrought out behind locked doors. with
such infinite patience and honest
PATRIOTISM
The delegates, travelling to their
homes on horseback. so far as Georgia
in the south and Massachusetts in the
north, soon learned to their grief or
bewilderment what some OF thelr fei-
ow-citizens thought of them and their
labors George Washington. even in
print, was called a born fool" Alex
ander Hamilton and James Madison,
the one thirty and the other thirty
SIX. were scornfully described as mere
boys Franklin. rich, famous and
eighty-one. was denounced as "a do
tard in his second childhood
And now. John Fiske. the histo-
rian. has written. there enSued Such
a war of pamphlets. broadsides. carl
catures. sqnibs and stpnp speeches as
bad never yet been seen in America.
:, copy of the odious constitution
was publicly burned in the town or
Carlisle, in Pennsylvania, and effistes
OF James Wilson, probably the ablest
lawyer in the convention. and OF
Thomas Mexican. president of the Con-
tInentai Congress and one of the sign
ers of the Declaration of Independence,
were tied to a stake and set on fire.
At Albany. \. Y. the burning of
the abominated Constitution was re-
peated. A riot followed Knives were
used and stones were thrown. The
n h.
Evening star., 1915-09-12

Half Men Who Pnned
Were Wealthy
Were Physicians Five Were Rich Pante
and Judges-How Delegates
Far
chusets-Dhficutes That Were Overcome.
Evening star., 1915-09-12

ing army at his back could make nlm-
self king.
Had ! the voice of Jove." shouted
man of Massachusetts, in meeting of
which John Hancock, dressed in Grim
son velvet and French laces. was the
presiding officer. II would proclaim
it throughout the world: and had an
arm like love I would hurl from the
globe those villains that would dare
attempt to establish in our country
standing army
upbraided the delegates for omittinE
all mention of God in their detestaole
Constitution. A New England orator.
flaming with rage, said: These law
yers and men of learning and moneyed
men" as he characterized the delegates
who met in Philadelphia. that talk SO
finely and gloss over matter so smootn-
swallow the pill expect to get into
Congress themselves. They mean 10
be the managers of the Constitution.
They mean to get all the money INTO
their hands and they will swallow US
up like little folk. like the great
Leviathan. Mr.. President; yes: Just as
the whale swallowed up Jonah.
THE Constitution" Washington. from
his plantation on the Potomac, calmly
replied to the burners. stabbers stone
throwers and declamatory 1ncendlarles.
"is the best that can be obtained at
this time. The Constitution or dis
union are before US to choose from.
jefferson, writing from the artistic
atmosphere of Paris where he was nv
ing and serving as this country's min
lister to France. carefully said: ne
Constitution is good canvas, on
which some strokes only want re-
touching.
Meanwhile Hamilton and Madison.
who had been delegates, and John jay,
who had not. began printing the
eighty-tive famous essays. afterward
made into book called THE Federal
torians of America has said. is the
most profound and suggestive treatise
on government that has ever been
written" The fifty-one essays by HAM
ilton, the twenty nine by Madison and
the five by Jay. who was in bad health
and could write no more. explaining
the new Constitution. had powerful
effect on public opinion.
One by one more than enough of the
states ratified the Constitution The
birth of the nation was proclaimed in
the city of New York at sunset on
March 3. 1889 Thirteen guns were
fred at the fort the waterfront.
They were fired again morning. noon
and night on the day following. New
York it may be of interest to recall.
had a population of $4,000 and the land
north of Chambers street was occupied
by farmers, many of whom were
Dutchmen.
Thus the old and loose confedera-
tion of the thirteen original states
Evening star., 1915-09-12

III iohs s-suieFlhS uhcle sam III
" 81 one of his many aspects, after
W ALL is a most contentious old
ns,+y Tbis &c -. siI. ,f b;s c,,.ra,,e,
- =
o"" "'"0 "O' ie'ii%e "iiNt' oli" H'"7 io'
information TO the mead oihces OF MS
eminent legal counsel, otherwise the
nen.rtmep, Of yuS,ice in Nasbinpton
-. ..s;.
80 sis"' - INV 49, "''e SO
the impression that tncie Sam chlef
business in life is suing people.
AS oehts the character OF an ancient
and Iong-established law firm, whose
prsctfce has grown steadily and ire
oct ~ die,riecd ol6 trou,s,o,,. bu;ld-
mos .bou, which ,bcre ie M hin, of
commerce and v,,I.,,, tr,d. 1.boy s5,
.,bo,,.r.d n, ono og IT, ,.o-,;,od
,,,is, s,ree,s or ,b. r,.ri,.,I ,i,,. r.cir,
hasr,i,r, r,,,1o 49, n,,,, -o..i
6s,c,s ,b.y s,i1r ,onL Iil,e r..;,1..,,cos
Evening star., 1915-09-12
ton Was Signed 12S Years Ago Next Friday

vate secretary of George Washington
and member of the cabinets OF both
Washington and John Adams.
NO religious test reads the Consti-
tuition. shall ever be required as
qualification to any Office or public
trust under the United States. Charles
Cotesworth Pinckney of South Carolina
was the author of that clause. the last
one in article and one of the great
est in the whole document.
This man graduated al Oxford. read
law at the Middle Temple. spent nine
months in France and then returned to
America and began his practice in
Charleston. He was an aid-de- camp
on Washinrtons staff. a British pris
oner for two years and at the end of
the war was a brigadier general
Declining a place on the bench of the
United States Supreme Court and sec
retaryship in the Presidents ca ahinet,
he accepted the mission to France.
Money. he was told. might prevent a
war between the United States and
France Millions was his celebrated
answer. for defense, but not cent for
tribute.
a French anecdote. too. concerning
Gouverneur Morris is interesting enough
to bear repeating. Morris while riding
in Philadelphia was thrown from his
carriage and so badly injured that his
leg had to be amputated.
In Paris during the revolution he was
assailed in the street by a mob OF re-
publicans AN aristocrat," they shout
ed. with mepacing gestures, as they
closed in upon him.
AN aristocrat." Morris shouted back.
thrusting his wooden leg through the
window of his carriage. Yes: one who
suffered in the cause of American lib
erty.'' The mob cheered and Morris.
saved by quick strategy, drove away
ris who edited. polished and arranged
the rough manuscript of the Constitu-
ton.
Two of the signers became President
of the United States: one of them be-
came Vice President; three of them be-
came members of the cabinet, two of
them became Chief Justice of the
United States Supreme Court and two
associate justices. and fourteen of them
were elected to the Senate. One Of
them lost his mind. and Robert Morris.
ON "'fer fer Ssb, G spe'oiA''0''' was sent 10 pf''
Writing to his cousin the day after
the Constitution was signed by the
thirty-nine delegates, Nicholas Gilman
of New Hampshire. one of the signers
himself. said: 1T was the best that
could meet the unanimous concurrence
of the states in convention. 1t was
done by bargain and compromise. vet,
Notwithstanding its imperfections. on
the adoption of it depends, in my feeble
Judgment. whether shall become a
respectable nation or a people torn to
pieces by intestine -commotions and
rendered contemplate for ages"
Therefore on April 30. 1888, George
Washington, wearing dark brown
clothing, the cloth of which was made
in this country; white silk hose. silver
buckles on his shoes and small sword
of the eighteenth century at his side.
took the oath of Office and became
President of the United States.
Copyright, 1915. by James B. MorrowD
Evening star., 1915-09-12

yer of Uncle Sans great firm, lis the
most prolific litigant III the country. Nee
essarly it is always in court On an
average it has about $4,000 cases pending
and not determined in the various courts
This is exclusive of matters before the
interstate commerce commission, the gen.
eral land Office, the pension bureau, the
board of general appraisers and similar
tribunals.
Also the government is the most
varied litigant, as measured by the
geographic distribution of its cases
and the character of them. From Maine
to Hawaii and the Philippines, from
Alaska to Porto Rico the cases are
distributed.
And the character of the practice
extends far beyond the statutes of the
United States. At times we must bark
back to the English common law, and
at others to the Napoleonic code, which
was the basis of the law in ancient
Louisiana.
Evening star., 1915-09-12

and conducts the trials in the Supreme
Court of the United States and in such
other courts as may be necessary.
There ia tradition in the de-
partment as to how this came about.
In the early days of the republic
there was no Department of Justice,
although there was an Attorney Cen
eral, who vas simply and solely the
legal adviser Of the government. He
had seat in the cabinet, but he had
10 executive duties District attorneys
and inarshais were under the Depart
ment of State. and so they remained
until 1850. when measure of control
over them was given to the Depart
nent of the Interior. In 1861 the At
torney General was placed in charge of
them
But not until 1870 was the real De-
partment of Justice as it is known to-
day created. Then. since executive
duties " ere to be assumed. 1T was real
lied that provision must be made for
the Two classes of responsibility. Ac-
cordingly Congress created the office of
solicitor general of the United States
The administration had it's eye on Ben
ia,nin H. Bristow Of Kentucky as the
man for first solicitor general. and. in
order to make the position sufficiently
diGnified and powerful for such an en-
t'rent lawyer. II was provided in the
law that in the absence or dsqualifi-
cation Of the Attorney General the So
Hcitor general. instead of any assist
ant attorney general, should assume
the duties
And. further. while not so stated in
the act. the purpose of the law was to
have delegated to the solicitor general
the executive. administrative and pure
ly political duties Of the department.
leaving the Attorney General free to
try cases. Hence the name Of the
new office, solicitor general
But this did not work out. By rea
Evening star., 1915-09-12

among the American people came into
existence.
There was a savage outcry against
the organization of a standing army.
The militia had whipped British reg
ulars in the revolutionary war and
was strong and brave enough to repel
an invading foe, no matter in what
numbers. president with stand
ing army at his back could make him.
self king.
St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1915-11-17
Order of Notice Guardians AppIi-
cation to Sell Real Estate

STATE OF VERMONT District of Caledonia, IS.
The Honorable Probate Court, for the Dis
trict aforesaid: To all persons interested in
incapa bic person, of Dauville, in said Dis
trict, Greeting:
Whereas. application in writing hath been
m ade to this Court by the guardian OF
Thomas N. Uttin. aforesaid, for license to
sell the real estate of said ward, viz: Seven
acres of land, more or less. situate in Dan
vile. in the County of Caledonia and State
of Vermont, purchased of Levi l. and Eve
lyn Hinman, July 18th, A. ID. 1890, repre-
senting that the sale thereof for the purpose
of putting the proceeds of such sale at inter
est. or investing the same in stocks or other
real estate, or using the avails thereof for
the benefit of said ward as the law directs
would be beneficial for said ward.
Wbereupon, the said Court appointed and
assigned the goth day of Nov, A. ID. 1 915
at the Probate Office in st. Johnsbury in said
District. to hear and decide upon said ap-
plication, and ordered that public notice
thereof to be given to all persons interested
therein, by publishing this order three weeks
successfully in the Caledonian, a newspaper
published at st Johnshury, in said District,
which circulates in the neighborhood OF
those persons interested therein; all which
publications shall be previous to the time
appointed for the hearing.
Therefore, you are hereby notified to APP
pear before said Court, at the time and
place aforesaid then and there in said Court,
to object TO the granting Of such license, II
you cause.
Given under my hand at ST. Johnsbury in
said District. this 1st day of November, A. d.
1915.
WALTER P. SMITH. Judge.
St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1915-11-17
WEST BURKE

(Mrs. H. L. Walter Correspondent
The Woman's club will hold their
club tea at the home of Mrs. Nellie
Gaskill Saturday. Nov. 20.
Mrs. w. S. Wheeler is caring fol
Dana Coe who is very i'll.
Mrs. Ida Chabott finished her school
at East Burke Friday and returned to
her home here.
Mr.. and Mrs. Henry Turner went
Saturday to ST. Johnsbury to spend
the winter. Mrs Turner will keep
house for Mrs. Jessie Parent while
she is teaching.
Mrs. M. M. COe returned home last
week from her trip to California.
Mr.. Joyce of st. Johnsbury has
moved his family into Mrs. Myrtle
Halls tenement.
Miss Maude Facteau of Sutton will
board at DR.. Burkes and attend school
here this winter.
Mrs. Will Jennie has been sick the
past week.
Mrs. Jennie Angel went to Bright
look hospital Sunday for medica'
treatment.
Clarence Smith has bought the grist
mill at East Hardwick.
Mr.. Nichols of Lyndonville has
bought the Caleb Aldrich farm and
moved his family there.
Albah Moulton has the janitor work
at Brightlook hospital.
Oscar Woodruff and wife and Mrs.
Ava Humphrey and daughter took an
auto trip to Barton Sunday.
The Ladies Aid cleared $22 at their
chicken pie dinner last week.
Mr.. and Mrs. Florence Donahue of
st. Johnsbury were weekend visitors
at Sidney Brigham's.
The Misses Isabella and Margaret
Porter of ST. Johnsbury were guest;
of their grandparents, Mr.. and Mrs.
Perry Porter over Sunday.
Miss Belle Fairbanks is working for
Mrs. Hugh McFarlin.
William Wallace has his new house
nearly ready to occupy.
William Buzzell has not been as well
the past week.
DR.. Plynn Bolton is enjoying a few
days hunting at East Haven and i;
the guest of Wayne Donahue.
DR.. Howard Cleasby and mother of
Littleton were guests at r. w. Dins-
more's Sunday.