El Paso Sunday Times (El Paso, Tex.), Vol. 28, Ed. 1 Sunday, August 9, 1908 Page: 1 of 14
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EL PASO SUNDAY TIMES.
TWENTY-EIGHTH YEAR
EL PASO, TEXAS, SUNDAY, AUGUST 9, 1908.
SECOND PART.
PRICE FIVE CENTS.
Grandview Addition Growing all the Time
A whole lot of people appreciate what the completion of the Country Club Home means to Grandview as an available assett. They
are purchasing lots at present prices and laying up future profit. Grandview is improving right along and every argument is in
favor of its stability. With two car lines—the Fort Bliss and Highland Park, Electric Light and Telephone connections, Pure Mesa
Water and an ideal location, it will be poor policy on your part not to buy as many as two lots before prices advance.
$10.00
DOWN
$5.00
a Month
No Interest
No Mortgage
No Taxes
Newman Investment Co.
226 Mesa Avenue
Telephone 550
THE COURTS AND
STANDARD OIL
Without doubt the political effect of
the Grosscup decision in the celebrat-
ed Standard Oil $29,000,000 fine-case
is to be hurtful to Tafl. Without doubt
another effect is to lie the injection
of the judiciary into the political cam-
paign as an Issue before the people.
Confirmation of the prevalent belief
that tile political effect is likely to he
injurious to Republican chances in the
fall election is found In the eagerness
and alacrity with which President
Roosevelt demands a rehearing of tho
case. If the truth as to the president’s
feelings at this moment could be as-
certained and published, wo should
have a story of burning indignation.
His comments on the decision™ the
court of appeals would be mighty. H1h
instructions to the department of jus-
tice to leave no stone unturned to get
a new trial may have some little
weight In arresting public opinion an.l
in convincing the people that tho ad-
ministration and so much of the Re-
publican party as is represented by
the administration is determined to
bring to justice the richest and most
powerful of offenders, despite all tech-
nicalities. Hut nb such new hearing
of the case before the election is prob-
able. and the record will have to stand
as it is when the 16,000,000 of Amer-
ican voters go to the polls to express
their views on parties and Issues by
means of the ballot. Among the is-
sues which are to exert great influ-
ence upon the voting is the one raised
by this decision of the court of ap-
peals.
[f any one doubts tho depth and
breadth of the feeling produced among
the masses of the people by'this de-
cision let him talk with his neighbors,
with “tic plain people,” with "the
man in the street," with “the aver-
age man.” If he does this he will find
a widespread belief that President
Roosevelt and the administration at
Washington are sincere and earnest
in their determination to mote out
punishment to all offenders against
the law regardless of everything; that
an influential part. <rf the Republican
party looks upon such procedure
against corporation?' as inimical to
the business Interests of the country
and as a wicked and destructive poli-
cy; that this element of the party may
again become masterful in the party
councils after Roosevelt shall have
passed from the stage; that Taft may
or may not be earnest and strong in
his determination to carry out the
Roosevelt policies' or that he may be
sincere and honest e.nough, but that he
is surrounded by Influences which will
naturally tend to make him less and
less radical and energetic and more
and more inclined to take things easy
and return to the old ways as soon as
the driving power of Roosevelt’s en-
thusiasm and energy is missing from
the administrative machinery; that if
this should happen the country would
witness a resumption of what many
believe to be the natural policy of the
Republican party in power—the pol-
icy of "letting things alone” so that
business may prosper and no one In
enterprise or Industry need he afraid;
In other words, that the Rooseveltian
era of stirring things up, seeking new
reforms, trying to punish guilty cor-
porations, Justice for high and low-
alike, will gradually be permitted to
disappear and remain only as a mem-
ory in the minds oi’ the people.
Tills is the direction the popular
mind Is taking at the present moment,
an I this decision has accentuated and
aggravated it. Wo record t his obser-
Oil company was guilty; that the fine Ordinarily good citizens disregard such
Jin posed upon it, by Judge Landis was ; rumors, and so do good journalists,
a proper punishment; that it would thl8 ,.HS0 an „ffort tlu8 beet)
be not only an act. of justice, but of . .
good public policy, having almost In-1 to solm‘ ,)l tllu rura0,s
Iqilte effect upon the future conduct J into facts, and these have been sent
of such corporations, If that fine could to the president of the i nited Slates
.be collected; and the decision of the'and to a candidate for (ho pi< ddency
higher court giving the Standard Oil ! b>r their In format ion. That this in-
company immunity upon pure techni- lonpatlon has already produced an
calities—and some of those, the peo- effect in the mind of the president of
pie think, much forced and not very the halted States is manifest from his
strong,or sound—is pretty sure to pro ..action of T Intraday. M hnt offeet has
duce that .irritation of the public mind ' .....
which always- follows when it. is be-
lieved justice is defeated or delayed
by the Interposition of technicalities
or quibbles by lawyers or courts. AH
this has produced the setting of the
stage, the psychological moment, for
a dramatic and telling pronunclamen-
to by Judge Taft It gives him the
opportunity to pledge himself in such fronkn^H." and'’ sl'rike" hhwf af Vh'«^
fashion as to leave no further doubt
in the mind of any reasonable man.
And I have reasotf to. believe he will
been produced upon Judge Taft we
shall probably learn on Tuesday.
Those who know Judge Taft well think
he w^lll disregard all the tittle-tattle
and tales and lalk of political con
spiracy, and address himself solely to
the Issue, now one of the great issues
before the American people. On the
other hand, there are those who be-
lieve he will speak with tile utmost
Improve this opportunity to the full.
Judge Taft hits boon advised by
friends in Chicago of certain alleged
facts attendant upon this court de-
cision which may exercise great in-
j flue nee upon him. Whether the in-
vation of the tendency of public opitt- formation that has been sent him is
Ion simply as one of the significant j true or falsi' 1 do not know; 1 am
facts which go to make up the history concerned only with its possible effect
of our day, without offering any opitl-jupon his action and upon the general
Ion whatever us to the correctness of j conduct of hits campaign for the presi-
the mental process or the soundness j deucy. Among the items of alleged
of the conclusion. It is the proper i Information which have been sent to
function-of the independent observer I President Roosevelt and Mr. Tuft is
to aseertain what the people are j that this dj-cision was not in the ordi-
thinking and what the political effect nary course expected before the tin
of their thought Is likely to be; he
has nothing to do with the question
whether that thought Is right or
wrong. Such thoughts as these were
in the public tnind—and when we
speak of the public we mean not all,
but a majority—before the Grosscup
decision was rendered. That derision
comes as the shock which makes tho
thought more acute. It is the saking
of the bottle which produces an effer-
vescence where the chemical elements
necessary therefor were already
present.
It is obvious that the crucial test of
the ultimate political effect of this fer-
mentation is to bo found In the suc-
cess or the failure of Judge Taft In
convincing the mass of the people that
he Is wholly and Implicitly to be trust-
ed as the Roosevelt successor. His
friends and intimates know his site
cerity, bis strength of character, his
depth of conviction, his courage of
performance. They are not troubled
by misgivings. But the question is.
Can the great majority of the people
be convinced? -Mitch depends upon
Judge Taft himself: and ttoless I am
mistaken his letter of acceptance next
Tuesday will go far toward winning
popular faith In himself and will deal
explicitly and fearlessly with the very
question raised by this court action
now under discussion from one end of
the country to the other.
.Without doubt a majority of the
Amertcajf people be!bye-the Standard
tiimn; that for some reason or other
it was 'hurried out. One reason tin-
signed is that one of the three Judges
who joined in it wishes to resign
from tho bench, and naturally wanted
to have this important decision out
of the way before stepping down. An-
other reason assigned, and sent on to
Roosevelt and Taft, is that two of the
throe judges- hate the president and
that one of them, the most Influential
of the three, also hates Taft and de-
sires the defeat of tho Republican
candidate. Those who hold this view
—and, of course, they may he entirely
mistaken—reason that the decision
was handed down at this time in
order to have it do the most possible
barm to Taft; that It was not held till
October, just before the election, for
if it had been held that long manifest
propriety would have commanded Its
further retention, till after the elec-
tion waa over. Certain friends of
Roosevelt and Taft have not hesitated
to send orf their belief that in a sense
this decision was a political conspir-
acy, a blow aimed at the Republican
candidate. ,
Circumstances surrounding all Im-
portant court decisions tend to pro
duce gossip aud rumor, some of It
personal; some political, some sinis-
ter, because having to do with money-
making by Interested parties, tips in
advance for use In the stock market,
private revenues, and so on. This de-
cision is no exception to the rule.
who, according to. the information
sent him by his friends,- have been
aiming a blow at him. If he does do
this, his remarks will he ,sensational,
and ho will not luck for ammunition,
ft is noteworthy that itt an address
in a Virginia court house a few days
ago Mr. Taft argued in favor of frank-
ness in th .Him; with the courts and
with judges upon the bench. He doe
not. subscribe to the prevalent theory
that a Judge is , o sacred that his
dignity must be upheld by silence
nveil if hi' Ik known to have been
guilt V of error or wrong. He said
the best bulwark of the courts would
be freedom of public criticism. And
Mr. Taft Hu,- himself a long time on
the bench; pud ail his Instincts fire
jtjdicial, itis greatest, reverence is for
the law its » science, for justice ad-
ntintsten'il without fear or fawning.
This decision is sure to bring the
judiciary into politics a« an issue of
the day, Of the decision itself we
have not by any means heard the
last. It will )»e discussed in every
newspaper, on every stump. Then is
always the possibility that one of the
judges of the court of appeals will re
sign and become either a lawyer for
certain corporations, possibly for the
one Involved in this ease, or that to
will enter upon the general pr.
of law. In either event, jf he leaves
the bench he will he open to criticism
and find it necessary to defend him-
self. There is also the possibility,
much dise: ssed among members of
the bar yesterday, that Judge l-andls
may also resign and resume the prac-
tice of law, his real purpose being to
puf himself In a position where he may
defend bis action and attack his ene-
mies and critics to bis heart’s con-
tent. If he should decide to do this
the country would hear -something
worth listening to. The friends of
Judge Landis say hi has front first
to la;* declared a Judge -should speak
only on the bench. He has no pa
lienee With the making of political
addresses or the writing of articles
for magazines or newspapers by
Judges. To be consistent, they sav.
he baa steadfastly refused to make
any public comment upon the court of
appeals, llut they arid that if ho Were
(o leave the bench and express in
public the opinion which he has ex
pressed in private he would create a
great sensation. Men near to Judge
Landis believe the court of appeals’
decision was designed In part as a
blow at, the election of Taft, and they
are speculating as to whether or not
Judge Landis will not leave the
bench to take»the stump for the Re
publican candidate. The judge's
I friends sdy be Is not. concerned about
himself; he thinks instead of hurling
him itic criticisms ol tlie court of up
peals have done him good. Hut ho Is
sorry for Tuft, who Is the chief suf
fel'er.
This decision Is sure to figure large-
ly in tip- political field because It also
raises acutely the question of who is
to appoint the judge.-, on 'the federal
bench during the next four years and
what is to bo the policy of the ap-
pointing power, This decision is sure
to cause millions of Americans to'
pause mid .ask the question: "Which
Of tin- candidates for president, wilt
earrv out tho Roosevelt policy of
miming judges who are lawyers intro
anil simple, by training and tempera-
ment til to administer even handed jns-
liei . and without corporation alliances
or entanglements?” If the people find
that one candidate Is more likely to
meet their expectation:- in this direc-
tion Ilian the oilier that discovery or
belief on their part will exert great
j Influence upon the voting It la well
known to us nil,that tin suspicion litis
long existed among a great part of
the mi Idle that before Roosevelt there
f Wen- presidents who often,.Jf hoi: Jtabit-
null>, appointed Judges whose sympa-
thies and association: were with men
i of wealth and large affairs, who had
been the lawyers ol railway or other
j corporations, and whose minds were
so thoroughly, saturated With a cer-
1 lain view that it vi e impossible for
i l.heiii to deal ev( nly and Impartially
with many qiiettitm coming before
them. "Rightly or wrongly, it lias be-
come it popular belief that “the in-
ten s! :" say they do not care who has
the presidency or congress so long
as tin", can control the courts, and
many believe their bold upon the
courts is stronger than it should be,
through tho process just mentioned
of inducing presidents to name cor-
poration attorneys for judicial posts.
lie policies of corporation regulation.
Such, is the known policy and In-
clination of both-cundidiiU'8 for presi-
dent, and It. ks d illicit it to see how
either of them can now avoid giving
the people a pledge of action.
ilcnv important, this Issue Is may
lie judged by the general belief among
lawyers that the next, president of
tile t nited Slates will have the ap-
pointment of at: least four and pos-
sibly five justices of Hie supreme
court, eight or ten circuit judges sit
ting in courts of appeal and eighteen
or twenty district judges.
At, the Denver convention Kastern
Democrats told me they were not op-
posed to Bryan on account of any
fear that tils policies Would hurt, the
Interests they represented by means
ol legislation, lieeause .the senate
would he Republican for six years to
come, and with a Democrat in the
White House there could bo no legis-
lation at all. What they did fear was
the use Bryan might make of tho tie
purl mi nl of Jusltce and t he ninny ns
sistant Baited Stales district attorneys
In proseeultrig corporations for al
h'gr-fl violation of existing law. And
more especially they feared that if
Bryan were to become president he
would reconstitute Hie supreme and
.circuit and district courts with men
of his own stamp, inimical to corpora
lions and organizations. On lliexe
ground.-,, ami these alone, they lire-
dieted the influence of “the interests’’
would be against llr.van In the cam-
patgn: that an effort would be made
to raise anew tfie old scare that
Bryan was a firebrand, threatening, as
ili IS!n>, to till Uie, federal benches
with I'optilJsis and radicals. Hut If
both candidates for the presidency,
Kpnrrid by popular discontent over
the escape of 'the Standard OH com
Piuiy oil a quibble, now come out with
pledges to pul I rye and Independent
law; - is rather than corporation men
on the federal bench, nett her paily
will liavi an advantage In this respect,
80 far as the record goes, and the
great, body of th" people will have the
comfort tug assurance that no "matter
which pally Wins that bulwark of free
govei'iitii'iii. Hie indiciar.v. is to tin
kept upon the high plane of fairness
aiitj straightness which It now, for the
most pari, occupies Waiter Wellman
iti Chicago-Record Herald.
MOOEL^ HEATHEN MARRIAGES.
The more one studies tho problem
of marriage the more plain does It
become that many of the heathen ideas
on the subject are infinitely superior
to ours One of the dreams of Social-
istic reformers, for Instance, Is tho
endowment of motherhood. They re-
gard it as a utopian vision of the far
future likely to he fulfilled for years
to come.
Among the Mohammedans this
dream is a reality. The maintenance
of children devolves so exclusively on
the father that the mother is entitled
to claim wages for nursing them! The
Importance of her services to the
states, In rearing healthy citizens is
thus recognized in Hie most practical
manner.
We hear a good deal of agitation
nowadays about making the condi-
tions of divorce equal to both sexes.
Among the Shawnees this is already
done. An unfaithful husband can he
turned adrift hy his wife, who retains
all. his property. They go one better
and make drunkenness also an of-
fense for which divorce can be ob-
tained.
The savage tribes whim we strive
to convert have apparently a much
Hearer idea of the real basis of mar-
riage, the end for which It was or-
dained that We, who seem to marry
for almost every other reason than the
desire for children. With savages
the offspring Is the main purpose of
wedlock. Married couples in some
tribes do not live together at ail un-
til shortly before or sometimes act-
ually after the birth of tfle first child.
I and in some eases the marriage Is not
! binding until a child is born. Among
: others a childless wife can at any
j time quit her husband; but may not
; marry again. WVstermark is my »u-
Sthority, but I cannot recall the names
| of tin- tribes from memory. These
j poor heathens recognize it. It will bo
j seen, that children are the chief tie—
J ilie only real bond- that unites a man
j and woman permanently—In short.,
that "marriage Is rooted in family
rather than family in marriage.
Maud Chut ton Braby in Loudou
Chronicle. '
A Real Dtmocratic Dark Horses.
.Speaking of dark horse., at national
Roth Taft and Bryan are pretty
sure to he heard from on this horning
issue, made the more acute by the
Standard Oil decision I should not
be surprised - if both were to pledge
themselves, If not in Open language , . . .. ,
certainly by unmistakable implication. H ‘’^xD-ntiul nomina-
conventions, probably Franklin Pierce,
who was nominated hy the Democrats
on the forty-ninth ballot at Baltimore
In IS52. was the darkest horse that
to see to It. that if elected the courts
tlon l tie New Hampshire man did
I not receive a single vote until the
w-rr&isr vmms. r
0 -sloti of law; that tit! court- ere not «Jv«d only one. winch he lost on the
to be ,:.H..-d against corporalte- s or thirty-third beHot,-Kennebec Journal.
for certain interpretations ot law at- " '
feeling the relation of corporal ions j Mean Thing.
tu tin people and the government, Dolly—The second time 1 saw him
hut that certainly they will not per- I was engaged to him.
nilt the court to he packed by and Dais' What cause,| the delay?—
for 'he corporations and against pub- ‘ Kart: eis City Journal.
Plays and Prejudice.
Two eighths of our countrymen still
look on the play as 'wicked,’’ fivo-
H gill Its look on It as a mere enter-
tainment, and only one eighth look
on it as an art, much less as an ollva
branch.--Sphere,' London.
No Progress Without Culture.
The neglect of the Intellect or ot
the moral nature means today, as it
always has meant, decay and retro-
gression, even In the material spheres
of life. Nothing i» less “practical”
than contempt of the noblest amt
highest of whiclt humanity is capable.
—Record Herald, Chicago.
A woman can help her husband to
enjoy himself when he goes anywhere
by not. going with him.
-4,
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El Paso Sunday Times (El Paso, Tex.), Vol. 28, Ed. 1 Sunday, August 9, 1908, newspaper, August 9, 1908; El Paso, Texas. (https://texashistory.unt.edu/ark:/67531/metapth595853/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Abilene Library Consortium.