davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
The Governors Record

Governor Miller was in the happy
position at Syracuse of being able to
let the facts speak for him. They
had compelling eloquence of their
own.
The first year of the Miller admin
istration has been one Of extraorIi-
nary practical achievement. Many
Of the things his predecessors didn't
do, and frankly despaired Of doing,
he has done. Faith on his part that
it could be done made it easy for him
to do it. He has required depart
ment, heads to base expenditure son
their needs rather than their ability
to spend" To many this seems like
miracle; but it is the kind of
miracle which President Harding
and General Dawes are also gradu-
ally accomplishing in Washington.
In 1910, the first year of Governor
Smiths administration, the budget
requests totaled $97,O0O,0OO and the
appropriations were around that fig
ure. In 1920, the second Smith year,
the budget estimates jumped to
Sal, 100000 and the appropriations
were $145,500,000. The budget esti-
mites for 1921 totaled $205, 900, 900.
The cost of state government was to
be doubled within two years. It was
time for somebody to call halt.
Governor Miller did it, and did it
loudly and effectively. He ignored
the determined opposition of the
spenders. He foresaw the painful
friction he would have with them,
but was willing to endure it.
The estimates were cut down by
$70,000,000 and the appropriations
for 1921 were $1O,00o,0oo less than
those for 1920. At that they were
$10,000,000 in excess Of the prospec-
tive revenues. But the revenues for
the year ended June so last happened
to exceed the estimates and there
was an unexpended balance on ap-
preparations, so that the state treas
ury is now in position to face the
relatively lean years ahead without
a resort to new taxation.
Efficiency has naturally gone hand
IN hand with economy. Expansion
and imitation were leading to waste
and a lowered return on each dollar
spent. The Governor is able to show
that the reorganized departments
are doing better work at lower
cost. This is but a reflection of the
new spirit of energy and accounta-
bility which he has injected into
them.
The reconstructive record Of the
Miller administration is beyond
praise. 1t is monument to the zeal
and ability of a governor who wasn't
afraid to attempt what other gov
errors had regarded a political i'm
possibility.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24

Elsewhere on this page we print
this morning letter from Frank NJ.
McDermit in which he alleges that
The Tribune did him grave inius-
tice and that in its endeavor to
bring to light whatever may be the
truth in the Brandon murder case
it is or has been actuated not by
motives Of fairness, but purely
those of malice. Who champions
the cause of Justice must not only
be just, but likewise expect to be
met with such charges as this man
utters.
McDermit excerpts to the state
ment in our editorial Of August 80
that his lapse in the prosecution of
the Brandon case before the Court
OF Errors and Appeals Of New Jer-
sey automatically affirmed the con-
viction." Thank God his lapse did
rot result in such monstrous in
justice! 1t did not because the
court itself interviewed and com
PEELED him to go on with the prose-
cution of the writ of error which it
had granted upon his application.
That New Jerseys court of last
resort had permitted McDermit's
desertion of Brandon to work to the
prevention of the exercise of the
condemned mans right of appeal
was to US incredible and, if true, an
outrage. not to be atoned. Such.
however, was the information at
hand when The Tribune began it's
investigation. To discover that the
court had not failed the cause of
Justice was reinsurance re-
newal of hope that ultimately the
shadow lying upon the administra-
ton of the law in New Jersey might
be lifted. Upon discovering this
fact The Tribune on September 3
published it, together with state
ment Of, explanation made by the
attorney who defended McDermit in
the proceedings instigated by the
Court of Errors and Appeals which
resulted in McDermit's name being
stricken from the roster of the bar
of New Jersey.
In justice to the Court of Errors
and Appeals, in justice to the bar
Of New Jersey, in justice to the pro-
fession of the law, in justice to Nc
Dermit, but. more than all, in JUS
tice to justice itself, we feel. now
that the record known as I'm re Nc
Dermit, la Atlantic Reports, 144,"
should here be permitted to speak.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
Il the record Justice swayse says

IN the record Justice swayze says
in part:
an tho case already referred, to
Gin re Frank NJ, McDermit, 83 N. j..
Law, 476s 43 All, 88B) he was dis
barred because he obtained money
from his clients for which he failed
to render any adequate service. and
because he retained for his own use
money which he received from them
for another purpose. In short, he was
then disbarred for lack Of fidelity
to his clients in pecuniafy matters
only. He is now guilty OF lack of
fidelity in a matter involving life.
He abandoned them when the pris-
oner was in the very shadows Of the
electric chair, in the very week fixed
for execution. That abandonment
was not less culpable because he sub
sequently resumed his efforts in
their behalf under strong pressure
from the court. For counsel to
abandon client at such a crisis is
like soldier deserving in the face
Of the enemy. Dereliction on the
part of attorneys and counselors is
not uncommon, but fortunately the
most untrustworthy counsel is ordi-
narily loyal enough to his client, and
even the ordinary sense Of self-inter-
est urges lawyer to do the best he
can to save his clients life. We find
that McDermit was guilty Of gross
dereliction in his duty to his client.
We can think Of none grosser. II
mere unfaithfulness in money mat
tiers justified his disbarment in 1899,
much more must lack Of fidelity in
a matter of life and death justify his
disbarment in 1921.
"Let the name of Frank NJ. Nc
Dermit be stricken off the rolls of
attorneys and the rolls Of coun-
selors."
Forever, we add.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
Copyright, 1921, New YORK Tribune Inc

matter Of q very few minutes to call
the attention of the court to the Bran
don case. What could be accomplished
by this? Subsequent events showed
that the case could not be heard in the
November term. | am going to prove
that the courts own order, which is en-
file, allowed me thirty days within
which to print the case, serve the same
on the states counsel and serve a brief
also on the states counsel, all Of which
was fully and perfectly done.
In order to fully comply with this
order expended money for cab fare
to Justice Bergen's home for the sign
ing of the order to print the cause,
and car fare for notary and my as
sistant to Trenton to obtain Brandon's
signature to this petition for the ap-
plication to print the case. After all
of this labor and expense l proceeded
to the briefing up the case, giving it
my untiring attention and careful
study.
The brief feel was masterful. | an
peared before the Court of Errors and
Appeals and for over an hour argued
my points. MY contentious as to the
errors in the cause, my efforts and
critical study Of the case, as presented
at the argument, are fully justified.
When the courts opinion is examined
it will be found that the conviction was
affirmed by vote of to 4, Chief Jus
tice Gummere and Justices Kalisch,
Parker and Swayze, four of the ablest
members of the court, voting for re-
versal on the points argued by me. Is
this not proof enough of my untirinc
efforts in being able to win four of the
august members of the Appeals Court
On the argument / made in Brandon's
behalf! How in the name of conscience
can you be justified in declaring that /
was not true to my oath of Office as an
attorney and counselor and to my
clients interests? 1t was not printed
from motives Of fairness-but purely
those of malice. Do you not think so :?
FRANK NJ. M'DERMIT.
Newark, N. j., Sept. l6, 1921.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
Confusing

1t is not altogether easy to follow
the argument by which Justice
Story, of the Supreme Court in
Brooklyn, supports his anti-picket-
ing decision. A forest of obiter
dicta and of comments on economics
and life in general obscures clear
vision.
Is the court to be understood
merely as affirming that on the pre-
tense of picketing labor organiza-
tions may not unlawfully annoy,
harass or intimidate those who
would enter a place Of business, or
annoy, harass or intimidate those
who would work there?> If this is
the finding, then it is no novelty.
But does the ruling forbid one citi-
zen to speak peaceably to or even
stand near another, when the rela-
tion is mutually agreeable? If such
is the doctrine then it is surely a
strange innovation.
Justice Story explicitly declares
that labor unions have legal right
to exist. If they may exist, it fol-
lows, as a matter of course, that
they may employ agents and solicit
membership in a lawful and orderly
manner. This would seem to imply
that piclleting is not necessarily or
inherently illegal. But then the
leayHed justice, turning around, APP
parentlys holds that pickets and labor
agents, by their mere status and
without respect to their particular
conduct, are offenders against the
law. "What do piclets and labor
agents do?" asks the court. "What
can they be employed for? For
what good purpose?"
1t is difficult to track down the
precise meaning. Yet on general
grounds it is obviously highly de-
sirable, when cases involving indus
trial disputes get into court, to have
the distinctions that the law draws
clearly indicated. 1t is not we'll to
furnish excuse for charges that the
courts are more tender of constitu-
tlonal property rights than Of equally
sacred constitutional personal rights.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
The Anti-Junker Coalition

The assassination of Matthias
Erzberger has had political effects
extremely annoying to Erzberger's
enemies. 1t has forced working
coalition of all the moderate parties
in Germany, and this coalition leaves
the Junker elements isolated and
more or less impotent. Hugo Stin-
mes has decided to join the republi-
can group. Stresemann, the leader
of Stinnes's Peoples party, is ex-
pected to enter the Cabinet, with
the consent of the Majority Social
lists. Heretofore the Majority
Socialists have stood out against
any alliance with Stinnes's follow
ers, suspecting the millionaire
owner of the Peoples organiza-
ton to be monarchist at heart.
A Socialist convention, however,
has just lifted the ban on the Stin-
nesites, and Stinnes's chief Berlin
newspaper praises this action as "a
wise stand in the direction of
practical policy" The Peoples
party will probably meet the
Socialist conventions requirement
Of definite declaration of al
legiance to the republic.
If the Majority Socialists, the
Centrists and the Peoples party
unite, the Junker Nationalist party
will be left on the Extreme Right
and the dwindling Minority Social
lists and the Communists on the
Extreme Left. The Junkers are
few in numbers, but still retain a
good deal of influence with the
educated classes and with the
peasantry. The middle groups rep
resent the workers of the towns
and cities and the Roman Catholic
voters. They are the real power in
Germany to-day The revolution
has given them freedom and in
fiuence which they never enjoyed
under the empire. If they want
the republic to live it will live,
for it is their experiment and their
guaranty against return to their
former political subsection.
Erzberger was slain because he
was an obstacle to monarchical
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
Imaginary, of Course
the F,ditor of Tha T.ihnna

To the Editor of The Tribune.
Sir: ooh no, Mr.. Special Deputy,
much obliged, but really cannot es-
cape it, Fine car, isn't IT? A perfect
beauty! l have always wanted a car
of that make.
"Of course, shall be glad to have
1T in my possession, and TO use it, but
you must always bear in mind that the
car will still be yours.
When l am no longer public Of
ficer, if you are then OF the same mind,
! should be glad to accept the car as
gift. In the mean time | can only
accept its use, and of course you will
appreciate the difference, just as you
must appreciate the delicacy of my of
fetal position Thank you, most
heartily"
This is only imaginary. of course,
but it somehow has the ring of an
actual conversation.
EDWARD S. FIELD.
New York, Sept. 90, 1921.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24

senator bOrah, by ATTACKING the
peace treaty with Germany, takes the
action he was expected to take. The
battalion of DEATH" as he trucu-
lently called his coterie Of followers,
did not conceal its policy.
The Senator raises the same issue
he raised two years ago when he OPP
posed any sort of entry into the Will
son league. He stands new, as be-
fore, for Americas isolation, and
thus against the unbroken record Of
his party since William Mckinley,
Just before an assassin struck him
down, declared that the day Of aloof-
ness was past.
He relies on the same kind Of tao
tics he formerly empIoyed--would
revivify and re-establish the coali-
tion which, in spite of all that could
be done by the Senate majority, was
able to bring together a vetoing one
third Of the Senate. The Borah
group is slnall--numbers less than
twenty Senators-but when Joined
by the Wilson Senators it became the
tail that wagged the dog.
Recognizing the meagerness of his
group, he predicted during the treaty
contest that ultimately he would lose
that the eighty-one Senators who
had voted for varying forms of rati-
fcation would get together. He
could not conceive of any one being
as unreasonably defiant of his own
larger interests as was Mr.. Wilson.
No one was more surprised than the
Idaho Senator when the Wilson Sem
ators, on the final test, enrolled, in
effect, under his leadership.
Senator Borah relies for his sue
cess in his second venture in mega
tion on the support of Democratic
Senators. If he can enlist twenty or
more of them and his own column
suffers no defections he can win
again---will be able to send his name
down the corridors of history as a
great veto lord, as man who would
agree to nothing and won.
A considerable number Of those
who would have America bear her
proper responsibilities are still not
able to see that it was the Borah-
Wilson alliance, and not Senator
Lodge, that defeated ratification
twenty months ago. But let there be
another Borah- Wilson alliance, with
Senator Borah once again pocketing
all the profits of the partnership.
1t is, of course, possible for the
Borah group plus the Democratic
minority to defeat the treaty with
Germany. The constitutional re-
quiremen. of a two-thirds majority
for ratification still exists. 1t is
probably futile to try to show Sena-
tor Borah the error of his ways. The
crucial question thus is as to what
the Democratic Senators will do.
Will they commit their party beyond
recall to Borah leadership? Will they
be his pawns in the game he is adept
IN playing?
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24

ncighbor nations which Is the foun-
dation Of peace.
What has been done to lessen ma
val and military expenditures has
not been sufficiently emphasized.
Newspapers which cannot conquer
their biliousness spread the false
impression that this country is try
ing to lead in the armament race. It
is not SO. When our delegates take
their seats in the conference they
cannot be reproached for inconsist-
ency. 1t cannot be justly said that
we armed ourselves to the teeth be-
fore we became interested in arma-
ment limitation.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
Get Rid Of 1t
Old Postoflce Has Outlived Its Use
fulness and Should Go

To the Editor Of The Tribune.
Sir: l Cm heartily in favor of the
proposal made by Postmaster Morgan
to the Mayor suggesting that the city
exchange the site of the old Postoffice,
adjoining City Hall Park, for a por-
ton of the property adjoining the site
OF the new County Court House. For
years the old Postoffice has been
blcmish on the City Hall section. In
addition. it has completely outlived it's
usefulness and is inadequate in every
respect. 1t is conceded that eventually
the present building must be demol-
ished.
1t would be pity if at this juncture
the city should not succeed in Kidding
itself of the incubus that so obviously
mars section which should ba one
of our chief attractions. Moreover, the
erection Of new Federal building
near the County Court House would be
desirable addition to the scheme con-
templated for that section of the city.
1t seems to me that this is as favor
able an opportunity as we shall ever
have to accomplish something for the
Improvement of the appearance of CITY
Hall Park. The Federal authorities
seem to be in favor of an exchange.
Postmaster General Hays has heartily
Endorsed the plan to return the site
to the city. Postmaster Morgan is in
favor of IT, and helioyo That Ill &c 49,
members of the Postmaster Generals
advisory committee in the city heartily
approve the plan.
M. FRIEDSAM,
Member Postal Advisory Committee.
New York, Sept. 22,1921.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
"a Shadow on Justice .
Statement BY Franz NJ McDermit Dsbaned Attorney in
the Brandon Case
To the Editor of The Tribune.

To the Editor of The Tribune.
Sir: In an editorial printed in The
New York Tribune of August 80 and
entitled "A Shadow on Justice" para
graph purporting to bear on my con-
duct Of the defense in the case Of
George Brandon, who was convicted Of
murder and has since been executed
under the judgment of the court, does
me grave injustice. Permit ME to
quote the paragraph:
Admittedly Frank NJ. McDermit,
of Newark, who defended Brandon,
was not true to his attorneys oath
and his clients interests. Upon
Brandon's conviction. however, he
applied for a writ of error, only to
fail, with Brandon standing on the
very brink Of death, to prosecute the
writ before the Court of Errors and
Appeals. His excuse was that neither
Brandon nor Brandon's wife had suf-
ficient funds to finance the proper
presentation Of the case. McDermit's
lapse automatically affirmed the con-
viction. For this dastardly unfaith-
fulness the Court of Errors and
Appeals disbarred hirn-and not for
the first time in his career. That
was in June last"
My connection with the case began
when q man named Mackey, former
client, appeared in my Office and asked
me to take charge of Brandon's de-
Tense. He informed me, and l after
ward found it to be true. that the
Union County Court had assigned an
attorney to defend the accused man,
but that although Brandon had no
money to pay for the services of a
lawyer he had asked for ME and had
refused to have any other lawyer in
charge of his case.
1t became clear to me at the time
that if | received any money at all
for my work it would be but enough
to cover the ordinary expenses in
voIved in Brandon's defense. In an in
terview with the man himself this be-
lief was confirmed. He, however, was
insistent, evidently believing that was
the only lawyer who could materially
aid him. | consented to serve Since
then | have received a total OF $3.50,
paid to me in installments, and have
paid out double that amount for ex-
penses alone.
The trial itself is now a matter of
public history, and no reference to it
would be appropriate. if it were not
for the fact that stand charged with
neglect in the prosecution of the in
terests Of my client.
The brief on hle at Trenton asking
a new trial for Brandon may be ex-
amined, and know Of no lawyer that
could improve upon it. This brief re-
viewed in cold type the history of the
trial. My conduct of the trial was the
best service any lawyer could have
given. In fact, ! doubt from my long
experience in homicide trials whether
any trial lawyer could have tried it
as we'll. The case was tried scier-
in the conduct OF the case itself
was not at any time guilty of laches
or neglect of my client. The question
that caused proceedings for distarment
against me arose over the conflict be-
tween the statute and Rule 81. of the
Court of Errors and Appeals.
On the 18th day of November,
the opening of the Court of Appeals.
was in court. ] had several other mat
ters on the calendar. 1t would be !
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
More About Retail Prices
Adventures in Economy of Work
ing Girl Shopper

nNsCHtuiCo III LSoilOIHy VI WOIkr
ing Girl" Shopper
To the Editor of The Tribune.
Sir: The letter "What Working
Girl Is Paying at Present FOR Food and
Clothes" in The Tribune of September
Fl interests me very much. I also am
a working girl, busy at the fob Of fres
lance writing. Ny last years income
approximated $4,000, but use most
of it for dependent children and find n
lot Of fun to see how little need
for good dressing and the best snd
most nourishing kind of food.
May I compare my own costs With
those of your correspondent?
This month bought pair of excel
lent quality low shoes at Fifth Ave
nue. shop for Sc. The shop has Paris
branch, and these were made for French
trade. of perfect fit and style. At an
other shop on the avenue / bought this
summer six pairs of silk stockings at 81
cents a pair. At the moment skirts
were so near the knee that there
had 70 be a sale of these hose because
they had cotton tops. A third Fifth
Avenue shop supplied ME with an oil
wool English tweed wrap for sS6 and
wrap with fur collar for $50. The
latter is suitable for evening wear.
Cream is 90 cents the half pint, not
the price quoted in your letter, unless
one buys at fancy grocery or deli
catessen. And the stop Of the bottle
is quite as good, less fattening, and
doesn't cost anything. One can do IS
much with chuck steak as with por-
terhouse if one knows how. The best
creamery butter was TO be had TINS
week for Sc cents a pound.
Retail prices are established by the
buyer. They are never the fault OF
the retailer. He knows that the New
York working girl likes to be turned
out in one mold, each one looking IN
style just like the others. This is true
abroad. One can always tell an Amer
lean woman because she looks like sn
the rest. SO the shops specialize IN
up to-the minute wear end quite hu-
manly charge for it. One can dress
with individuality and in good taste
for very little in New York if one Is
willing to study ones own type ana
watch the retail sales Once one gets
the habit established this game Of see
ing how far and how well dollar w'h
spread itself is very fnc sort o.
adventure
We are all tempted to display shop
ping, to go into store and buy tns
garment that is shown in the window
instead of looking about in the back o.
the store for something which u
nearly always cheaper and more Os-
coming. And the retailer has pertees
right to 100 per cent profit if he can
get us to pay it, Az a matter Of fsc'
his profits, considering his necessary
turnover in a season, are low ln'
same is true in the case of perishsO"
foods.
This letter sounds as if were :
common -sense-heel person. I'm not
dress we'll and, ! think, a little ahes'
Of the average working girl. But ~
see economy as the great American 80.
venture, especially for women. ana |"
can be achieved, high prices notw'1r
standing. c. ). D.
Nau York Sent 81 1921
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
Reductio ad Absurdum
from IRE Kansas Citp Star

fFT0M INC hdHsdS GUY Star7
The Committee of Forty-eipht has
come to life again with plans for the
formation of new political party to
take in all liberal thought. And after
it is formed the next step will be the
secession Of the left wing. which will
find the right wing hopeIessly conser-
vative. Then the left wing will again
divide. and-but the process is too we'll
known to need further tracing.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-09-24
An Untimely Experiment

(Fyom The PHILADELPHIA North An.eyican)
1t is just like hot-headed Italian
to try to start something with his
rumors of signals from Mars just when
The disarmament conference is plan
ming to get the world to cut out all
communication with the old DOGGY.