Tulsa Daily World (Tulsa, Okla.), Vol. 7, No. 2, Ed. 1 Tuesday, September 19, 1911 Page: 4 of 8
eight pages : ill. ; page 22 x 17 in. Digitized from 35 mm. microfilm.View a full description of this newspaper.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
I'lil II.
mjUk itAfi v H'Hiin misiim woiimno tarpTFMHF.il iii mil.
Tulsa Daily World
V 'I ; I 1 1 II I I.I ilM! .
VI'ISA nKI.AII"M.V
'.i Ii. .1 '
WOUlaP PUUt.mil I NU ('QMl'ANj
Telephones; 0
Business Office H ''
C4llirli Ituuuin EJ ' uu
d . motion j i. ji n ii. ii hi
i.u v 'UK ' 'i 'i i' B
Urumwloii Hide.
Barnard & Brmn
C'lilCAUU nl Kli'K
OiU fn um '"''k
II . i m (Curd Mfi
ulici i i.n
r Vmi
'lis I VW ;
MX HOI HIS 1 110
'i III It JU .l.m '
li.nl) H ' iihii i in lul-a.
il KM l Ml IW UHTIO
. 11. i.. u .. 1 1
I iili ') mwt
(Ml it 11 in A. Halo )
M.i. I'I
i I U
12.09
lo
l'r tt . a.k
I'LHI.ISIIKI' M AI I.MI.NT.
THE TtXSA VVAui i ALVB1I a. .
; u AUAN'JKK THAT TUB. I.AVK '
TJMK8 mi. I'AIH i 111' ' I.ATK.N OF A IX '
pAlM I'Al'lilCU IN i I I ..-A UuMIUNJbU AM ''
j. i i i: IT IN '-l ' ' 1 KA' T.
Mmuiiicwi ui ilrtutatloH ur ilio M i ol
Auui . .
Aun..M
Aufnel 4.
AiiiiI '
JUaual ii.
Anyi.nl 7
Aufiul I
. i. u
Augual M
Ai.jui.1 I I
Augiiht II
Auiii 1.1
Auyi.nl 14
Aufuel U
asfsal
Total
i Uotidi) i
i
Jjj'J issesl IS.
!!!! 70JI Auyml If" .
fu.j Annum hi
.usual M.
71118 Auiil iJ-
7034 august
loa i Ausvsl '4-
nun. Angusl II.
n( atiust aJ .
pysi a u m t s
auui ay.
Usual IS
I Jllj.jll) I
I Mi. mil) I
(ilMdtjr)
.7. "a
.7J7
JOTfl
77i
7UHU
ml
niwt)
Silll.l
14 4
x4.lt
I-41U
771K Aujiual Jl
. ...i ... .. ........... iii:..i una circulated ..e
...i...... . i iiii.ii i v iwenti MVatii i'i'"
" :..y -.v. a daiu
H niimini .ii mama audita i
TVaaa''bent aeneral m.ngw of
l'ul.h.-hii.u ' i.iiij.iii.) iitsif f nuiuiavi h
faM .i ooplM oi lite Tula ball) World di puiaiao i ir
ti- in. .inn ending Thuraday Aujfuil II 19U ttu
Average vt ...at eopice ol eald PP'' ........
i tiA8. B 1 'I--1 1.
Uem rai twanagur.
before "; H'l 31fl '"y
Bubiciibed and iwonj ii
oi Auguat ' i .... ...
l.nllA Mll.l.lH.
.iarj Public
Uj Commiailon eiplrea July II
II. 1011.
KKUI EST TO Til l I I N. MEJf.
When you are through reading thla lP"' WJ" "u
Dleaae throw u out ol the r-ir atndo u 'he rirat nam.
ii. ' ' '' ' ' ' i I'.'i .. "' ' 'mm i' i T-
Bven a a-.fiit advance In th prtca "f oil raeani
Whole lut t" the operatore of Uii Mold And if the
ll-roni advance will ie UmK enough It won'l raejulre
a grrut while lor the price of crude to riKr tomewhere
riLttr the fiuurc jumtf ud by markol oeceailtlee
A FOIU EFL'L I. HI rOlU M.
f" N TUB following editorial from tin C
I I I Tr bune moj bo tt ad the foroel .1 tplanation ol
I I the reason the i pie mam ( Ihem arc de-
WbbJ mandlng a n . all of the Judli lai i Ae the artb le
tn question beara directly on a eubject tbat la iuat now
receiving widespread attention from both the laitj umi
the legal profeealon it leemi worth reproducing In full
" a i.rtof Item of in h came over thg win s from Now
Vnrk Wednneday. n recorded taot that 'Frank J.
eimiid followed the example ..i about t other wire
manufacturcri i . "Ik and entered a plea ..r nolo n'n-
tondare i" the Indictment charging blm with violating
tin- Sherman antl-truai law In connecton with the Horee-
ahoe ir.- Manufacturing Companj
li is reported also that 'following th rulliiK of
Jmiiir Archbald In Ui' other caaai Ju.in'j Hmiii ( the
United States Circuit court fined Mr Qould 11000 uud
his sliiir.- of the coiti.'
"Modeat newi Item but Interesting whon examined
mure fully.
ii recordi one "f the later etep In a proceeding
begun earl) laal eummer In the United sinu s court of
the Southern district of New v..rk This w;is the ln-
djctmenl of various men In a proceeding against certain
gubaldlary or constituent members of the United States
Stn i Company.
"In JuU tin' defendants appeared an I pleaded not
pntitv. but iisi.nl nt the s.itn' time to change this plea
ur to demur nt :ui time prior t.. Bept i
"Tke jihIki- who n.t' this permission was Judge
Archibald of Scranton Pa. then temporarllj sitting In
thr Southern district.
"On J 1 1 1 ... the rirnt of the defendants reappeared
before Judgi Archibald i hanged his plea to thai of nolo
contendere which Is equivalent t.. saying 'I iu not de
fend' and Is seldom or no longer us. .1 In practice
"Over ti" objection of the district attorney Judge
Archibald allowed the plea to stand and proceeded t.
hm- a fin.' of i000 and costs
"As soon as the Judgment tis. losed the disposition of
thi court r thtrt) other defendants who wore watch-
lag tin pi ee llngi promptly followed suit and were
fini ii in tin- same sum.
"Judge Archibald also nihil that such defendants as
had other Indcltments In the same matter would be fined
100 on each Indictment after the first
"Six days later Judge Archibald wen! nil the wears
way fr.'in Bcranton tn New Vork to thr.uKh the same
proceeding respecting other defendants hi the Horse
ghoe Win case the Underground Power Cable case th.
l.i a. I Rnrascd Rubber Cable and other cases.
Hut .it this hearing Mr Albert H. Walker of thg
New Vork bar the author of 'A History ..f th Shsrmsn
Ijiw.' and :' spectallsl on that subject obtained pcnals-
gion (.. be I ard as ami. us curiae to oppose this action.
Mr w .ilk.r pointed n t that these cases were not simi-
lar as tn facts to the standard Oil and Tobacco cases
tint .-.' substantial!) similar t.. the Addyston Pipe case
In which Mr Taft rendered n decision unanimously af-
firm.. I upon appeal t. the supreme Court. This was in
till and Mr Walker argued that the defendants now
recdviiiK the virtually nominal fines of ti.ooo apiece
liuil knowlngl; and willfully acted in violation of th
Sherman lau. as plenty laid down In the similar .as.- ..f
the Addyston Pipe Company .Mr Ua.i-.r closed his
remarks with th following:
Bo 'hat whenever learned counsel (If thay do)
tnk. the ground thai iheaw defendants have s..ne
forward Innocently not knowutg thnt tiipy were
Ho 1st ng the Sherman lstwa they take the ground
that then defendants are unlike other people nml
are not bound to Know the law SVSn If they
coniil find It "lit ly riiulitiK the plain statute: or.
if the) cannot r. ad the statuts even whsa they
Ci.iil.l hnve r ad the drelslcn 'f that Kreat Jurist
Juilce Taft nfflrmed afl' rwards by the i-'upr me
Court Of the United Stntts.
There Is anoth. r i onsld rntl. ii that appeals
gtrtmgtv to m. and that Is the violation of the
Khermsn law is the most profitable business that
hns been . undm dd lu Amirb a since Columbus
dlseovsrsd the Islands Of Big WaSl A dlgS And
thats gsiitlsrasn uim grs poatlni "p to in url
and Paying Mioo flnss are kiukt up bo mors
Btafl i i" 'tit of ihii plundtl lhal Bias ggvi (
rivsd from nun i.i... ins i.r tin' law sVhan ihsy
ars dismissed out ol lbs court u" tbat Mm ol
1 1. 'inn iii each oaat they ars practleall) granisd
a rsgtorstiva llnsnis to vlolala ont of tin- stutuiis
. f tn. Unltsd stales knowingly openly defiant-
1 1 .mil undeniably which Kraut is so Inconsistent
uill Hi- u. Iiiiio lriiloii .f jiisllee s.i lin onslstsnl
with publlo opinion so inconiistsnl gtltli lhal
sens- .f justlcs thai fiis the brsast of svary
American cltlaen 'hut i havs rsoslvsd oommua
I. . ii. ui after communlcaton uiiiiin tin last
wash sxprosslng strong disapproval of dlscharg
Iuk the defendants who hnv. plaadsd guilt) la vlo
latlons of the Sherman law. on a fine SO small
as i00t i received one letter from a gentleman
in Main.' a day or two ago wio.se sympathies
ai.' with lin- Hti i I peopl and DO) with thus wh
are horrified ut the dolnas ..r the st i trust i
know his affiliation! are with ths PCteel psopli
hi knows I heir business and how profitable it is
and 'n thai leltar ha wrote me thai i fins r
$1000 Woiilil hale no deterring offeot Upon them
whatever and will no) itop them hereafter.
Thus are the considerations your honor thai I
venture on behalf i the people of Bis Unltsd
Slates anil on behalf of outraged Justice con-
sul rations which i think call r..r fin of t
liasl 000 lo be Imp.. soil on each f Hose defendants.
"Counsel f..r ths defendants mad.' no reply to this
appeal and Judge Archibald without comment proceeded
to enter the fines.
"There has been justice in the complaint of corpor-
aii. .us that the general prohibition! of the Sherman law
created an uncomfortable margin of doubt as to what
as legal and whal was not Bui where a combination
nml . ours of buslnaaj are ..f kind definitely ailJuilK. il
unlawful there Is no sxcuse for men who persist in
them. The law is the law good or bad as it may ba
In policy ami it is profoundly demoralising thai know-
Iuk disobedience should ba condoned on the ground
thai the law is unwise or thai defendants were com-:
pelted to bleak It because of competition. BUCh reason- '
ins; is Incompatible with government by law. it Is the
law of fores In ths smug guise of common isnss.
"We hear n r od deal ..f protest among men of I
property and lawyers against criticising the Judiciary.
Huts nets .f eoiuilaisant Judge ipilck to eon I tie the
offenses of the powerful .-nil for criticism more loudly
than an) acl ..f an executive or a legislator. They are !
the only arguments In favor of Bis recall of indues not
sufficient I'" Very persuasive with the average man.''
Has the Judiciary Usurped Powers ol
Legislation Never Intended For It?
Thi following eommunloaMon fr'""
J ii. urennan of Hartiesvllle opens
a subject for discussion thai ' of vital
Importance juiiu- Hrennan requires
no Introduction. HI ability is well
known hit i.-ssi attainments mal
i i decisions thu courts havu arrogat.
..I in thsmsslves n power not dsls
gatsd ii) the oonstUutlonj a power
that hag uircad) become u gravi
menace to the Nation and us liimis
The subject hOWeVSr Is one not to
t.r .( somi rsnuwn He Is a stinl'iit 'be disputed with u man of lesser sin
of government Ami inure yst hs is
in hearty sympathy with the most
of th. progressive propagsnda thai
has become so marked during the
past few years lie i most decided!)
1 1. nti. . i to profound cons deration.
tit than Jii'lKc Hi .! ii. in II says
"Artioles betraj an Ignorance that
would not be confessed b) an ordlnar)
school i".' As i grops (hrough ihi
maxs .i mlgundergtandlnp" And
again "A fi elementarj prlnolples
Mis letter removei the World from "t coniuiunonai law ougnt to na un-
ins objecUons bul the morning of derstood bj Bis great metropolitan
the da) "ii which his letter was wri'-
t si then appeared all i lit. .rial In the
newspapers and magsxlna wrlten."
I consider thcau unfortunate ub
World which eubjecti it squarely to I Mrvatlons thai Mr. urennan himself
his animadversions and for this rea- would not have stund In the reoord
s n i have felt Inclined I alntaln had he given the teat of his letter cloi
the poeltlnn taken as best i might. "' orutjayi for it is an assumption
The controversy has thus earl) tinnmiit presented b) the
been r. no. i ed lo the newi columns editorial writer is a ch.id ot innor
i..r tn. reasons:
l Th.. space required sxceedi the
limits of the editorial;
It '.ems fair to meet an honest
. pen critic on his own cruum! slm-
i.iy as a contributor
Judge Hr ilium's letter follows:
Kill IUK WORLD; I urn .iiutli u M
.i 1 by l in-
iird with th? prinelpls! sdvo
ance wmie tne uerense py learnea
counsel is prims feels evidence of
Krcut erudition. A conclusion that
is en 11 rely uneupported by facl or
logic.
The whole subject under dlSCUS-
lion resolves Itself Into this simple
proposition: J... . the supreme power
i.i ..ur Koiurnmeiit center Iii Hie Ju-
Werld mill tin' hsusu Olti gtsf l would dlchwyf If It does then the iiM
like le continue n mush u pesMble 1 r th court to set aside leKlslathe
hv. nlmi'i vi'd srti'lei ninl i-.litorisU hi .
Sm Ksbiss aiy filer wllh rsfsrsnee lo the enactments by an arbitrary ruling
Ueastilullaa and th. Irsdtrsl Courts which follow! wllh all the fatality of cold
from tlms lu iiin betray sa iin.r . thai logic. If It does not then the Judo--
:;;:Ju .:r TwA& I rjy "UH aT"Ba""1 lts"r powr
ol nlsunasrstaadlag l ir) u ilnd tin. n tbat It can not muliitulii under the
set Issui bi. h ti.. lesrnsd tdllei or writsr I constitution
iss ill iniiid. Vur Is) I th lath ui-
itaal eoalektad rspilul ..I sn edllorlsl Judge Urennan says: What trl-
front ih Nir in mi.-i ii..iiii s) t.i show binal shall sai when Congress has
tains011 "J"''"''' ""' i exercised mora hSil the power dele-
Tim srllele while fsvorlng lha Resell I a'd to If.'
applied ie Federal Judiai also sppssrs My answer Is that certainly no tri-
te question las Jeatlea of ponollUng courts bunal of lesser or even co-ordinate
l.i liHf- ill.. Ilie POlUt IlUt iulisl 1 1 ( Ifirif . n . . 4. . .
Istiv . ... !.. t v refw "la this laKi Power can do eo lo justify the right
ion "I thg iiiiiriB ua thd power tn "Invsll "f MlS Judiciary to exercise this au-
dit lUtutea.' Mr. Editor. Kill ...ii kinilly thorliy It Immediately becomes nee-
I'm. ffllffBirSSf ydir.lh."3 ' -"r either Its right In the
stni.-. oonlsln th asfsguirda fur .ur per ' ' nstltutlon to do this thing or Its
tonsl llbert) Thi Padsrsl Constitstlon in right by the possession of superior
P.cifli dalegsllon of psrticulsi poweri sad sablllty to exercise tbl grave power.
l iiira lain nut been untl...iu.il by the . T " T.
peopli io axsreisa any mora. vin i rl bunal "he one is as Impossible as the other
ball ku when Ooofresi h axerelsed mors 1 1 suspect that It Is this false genie
tiisn th' power deiegstsd to n bu you
loos iiji.in tneaa hi.i'. ifi. ii-i. cstlons ol
power in the IVuVrul ConttltUtlon as vita
of responsibility ever present with
the Judiciary that has brought about
mal nscosasry t
llu
you
l.i.ik
Ul
thr Hie condition existing. Can a pr-
reaerTsllon .( powei to lha leveral slates el act of the Legislature receive
" w umiin i 1 k. itt 1 imi
i atari that taunt tni in si bs established
Judicial consideration only at the bar
it s a cinch Lieutenant Governor MacAlester will not
call a special session ol' the Legislature because he Is
nursing an ambition to go to Congress as a congressman
at large from the state of Oklahoma O you political
bugl
LET Is III. Ml moki; or THIS.
Hist ii a i.i limit serardlna lo established of the court'.' Is It to he argued that
rules whether n particular atstuU panned the. supreme legal power of the Na-
':U78 bench of the Na-
stltutlot) truui psssing an Ex fuat Fac.o Law.
Ths in defined to he u nuiutw which mskea The comprehensive scheme of gov
'iuuV 1""" vtthl rM IS! V''"''" emment under which America has at-
rommlttaa. Vrllhout lush Oonstltattoasl
prohibition Oongresa could .m meh a law. tallied Its present position is torn-
rhe World wooll veri quickly appeal to posed of three co-ordinate branches
Ihs court! if mi.Ii i ifstujo mi psaaerf by the executive the legislative and the
Uungreu wul mk Ihs curia t. "invalidate '
if nu.li ui cxuriHM.iii ull le unci. J"""1"1' ' r no-onussw niwavne
However ttlcne ntulut.s nr.- nut "lliifllc
dated" Mi''- re nncslutltatipnal be
y- i. . win. iiilTHiiri ; . . ....... TI. m.... 1.
llHOIutel)' v.. 1.1. Mitrit l ii. i iffoit 1 " r ...... uw
; If it has any meaning at all. that each
j of these branches of government are
from none doly authorised tn one Is superior to any other.
And
s;'C IIS f..i V i i I :i lo lh Muni TImii.h.
A I Democrat relates thai the stat Inspector and
examiner has found the officials of Craig
Count) .'iioii in tin ii accounts i" the extent of
nearly thirteen thousand dollars. The largest deficit
is in the Office of the county Judge who il is stated is
behind almost five thousand dollars.
There Is nothing strange In this or would lie no-
thing strange were It let for the concluding sentence
in the Story Which reads as follows; "The condition Is
not materially different from ever) other county in the
slate."
If this is true we should hear more of It. If as is
alleged lure the stale inspector ami examiner has found
praotlcall) ever) COUnt) In the state short thirteen thous-
and dollars then the subject Is one that requires con-
siderable more than passing attention.
This reminds us thai after the vlsii of the state in-i
spector ami examiner to this city there was a story to the
effect llial he had found certain county officials short
Iii their a. count. This story In detail with respect to at j
least one ol the officials was secured by a newspaper!
reporter but never saw print it was hushed up and
later even denied
We were under the Impression that u was the duty
ot the state Inspector and examiner to make public his!
finding! III all Inspect; 'tis made; this as we understood
it. was one of the purposes of the office to constantly
keep the people of the state Informed of the condition
existing in the public service Irrespective of the personal
wishes or interests of the tneii making up that pubic'
service.
But if a preponderant majority of the county officials
of Oklahoma are short In their accounts as the story ai-
leges then it would seem thai the state Inspeotor ami
examiner Is In reality aiding ami abetting the condition
by his silence.
H all means let us have in. .re particulars.
luiint .001
bunal .a execution of the luw will swiftly that means that no on- mav over
L.dVlJ.'cK!; T".e ride the Judgment of the remaining
nnol uf 'rj' Otasr nuf.'k'UAril lo perntuial
llbert) found Is the Oonsiilatioa
III- UonStltDtlOn uf the leveral states are
aoatrsdlattngulabed fri-m the federal Oon
stttutlon because the state Constitution!
ure Ilium. ti.. us un power. If the Ht.ite
l.i'ginlalur. uf Oklahoma pans a a statute
in defiance "f the prsbjblttoq contained in
lha Stun. Uonatilation. ahould not nooie
tribunal ba empowered to h-r the parties
deliberate an I pronounce the feci and the
law! Otherwiae of what efficacy are Con-
tltutioni r
The bsiineaa that envelops! thin lertsi of
srticlsi in tin. haunan City Star duea nut
sppesr sltogether in the article you uote
nor in thin writer charging the isms to the
eihtiir ol your paper. 1 desire merely to
l(el down to cart issue. with reference to
mi importsnl labjest. The peonls are
studying and ronf.'rrintr. I.et the issue h"
msda - :. .ir If thin power of th rtn
to nit un a trii.iuiul mi such ouiportnul lub'
P'Cll
the
two. Hut It Is d' tie. almost every day;
certainly many times every year. And
It has been done ever since the fa-
mous decision of Mr. Chief Justice
Marshall when be performed the rate
fiat but since become quite common
of reversing himself and arrogated
to his tribunal the right to say when
tin act of the legislative though ap-
proved hi the executive should be-
come a law.
It is absurd.
loir government it lias been well
Fald Is a government by parties or
political organisations Through these
mediums the action of the citizenship
Is directed The;- an certain over-
nly l inc referred io aa akowiu shadowlna lasuwa in each nonnilim
n.'.'.'snity of Ki'.all tlun I shoo !1 iug- . . . ...
Ml thai It is u very unfu tunal. SrgB it1 "" t'"l'"' " "''' WIIUIOB
0 support tin. K.'.all. Ihs Kiiaiaiit.cn f eoniiress a majoril) wvonng tne en-
The dispatch from RyrSCUSC New York is n re-
minder tliiir the badly automobile Is several laps ahead
of its nearest compeBtt r the aeroplane.
SIR. I BIKON TALK1NU TOO Ml ll
the I iiimtitutliin are the naf.kMar.ls .f mir nctlnellt. of II specific law. It is
z:'Z! r;:; .hriiie.-'rr duihted' In tn """"'
the guldsnrs of our Oonstitutionsl safe tl"' "tw If not In Its draughting.
Itusrdi anu the influence .f the t'ouiuiuii there is legal nbilltv the i-ipial of any
law system individual liberty hsi grows tllHf .vr WP0 the ermine. I assert
tu a lisle uf perfection m this euiintry ' . - . . -
wholly unknown lo any othsr no-called ""bout fear of even formal contra-
Republic. I'h.. Ooaatitntion contain! the diction that there has not been a
Utter of my rights if i alsr clamor Congress from the first to the present
cou .1 inspire a egialative ensrtmcnl from .. l
the Rtsie lieglilituri of OkUhom In vloli on'' n whcn 'r" waH ""' Present
lion of the Constitution 1 weald want soma I legal ability the equal of any that
th r judte that one labjaei t. ihs nam. occupied the bench contemporaneous-
w m is for the guid.
nd your will-known ami often MprtMfd nrnr of tl.c U'KislatiVf ftQQ executive
opinion if kftilntirfl mt Iti etgltlatUf 1 tin lns than tho Juiliclarv.
tnselmenta- a bodf ' Of men who hsye shown Th f conijderaBon dven any
a Very strong mltnation to whollv linre. "
srd ths provtsloai el that fiinaiitiiiinn pr..iosed legislation is Its relation to
which tin i profaaa to revereiice. rnnler i the basic law of the Republic -the
that out srem. fou! is the one bright federal constitution. There Is never
Miming star in Ihe 1 leinu. iati.' firina'n.fit I .
f this male suit that it ha risen SBOVS 11 n"' fr"m " inception up to the
partyism an. I party alrife aial hai pro I moment It receives the signature of
reeded as the nrosdeM end hlghesl pesslbls f ttl pr(..sinK officer of the body
l.ted" Iht ictmsnU ..1 that bubs Isghv Ugh which II hns passed thnt this
I r fi r ..u to is not an ever present consideration.
Nor ii .es concern with Its constltu-
iBonallty rest there
Having passed the legislative
: branch of government It goes to the
executive. Here it is subjected to the
mHOMAS EDISON than whom no living man has
don more for Ills kind s . tns to be In it fair
win of doing himself considerable harm by
talking I mi. h. In his field Industrial de-
Velopmenl end inventions We accept his formulas nml
philosophy i ithoul question
Hut he has noi been content in his field. A time ago
to made a foray Into the ri alms of psychology and what
he found there ami his observations thereon left a bitter
tuste In the mouth ..f the American public that will
never completely wear away
Now he II talking like a charlatan of the future of the
rate declaring that man. eventually will live as long
as- n tr r a turf.; lull. In fact come to nttaln the
ripe agl of leu years. 1'Vr the life of us we can't
understand whj he fixci the Until at 300 lasteed of a
thousand We have a record s..m. wb .t faulty. It Is
true but nevertheless a recordi of an individual who at
taint I close to the last figure. And in (Bring an arid.
Iran limit tO the life of man so UttSfl) Impossible of
attainment ns H00 ars. we see no rias. n why Ihe sr. at
Inventor but tllly theorist should not have gofll thg
limit.
We revere Mr Thomas MlSOfl for the things he hns
accomplished in mechanlca wire pleased when 11
wa announced that he had decided to knoi k off work
and take u much -earned rest. Hut tlx manner of his
employment during his VacatlM days elmogt persuades
us to wish be would return to work again.
Inture tiiiil tie prtnn.il
ge.'tloi Article 3 of the Stat. CoBStl
tuti.'ii which proteets von In srleldlng your
p.n 111 thr .'Kuse of 1 lahli ganiasa sad re
form. Are yoe not Mllafied that the prei
ant gnprema Oonrt of Oklahoma m a trl
l.unal establish. I tn pans upon th. Oon
sl.tiilu . Ill nf levlmlntive . . - .
hi h might affect that very same section I ; most comprehensive machinery nin-
1 lisetrely believe with yei that Ikeichlnery filled with clucks and re-
gr.le.t hatlle. of the world jr- th.e lha I lrnnt. ud balance and safety valves
.have been feualil tor th. a.lv sue. ineiit "f
11. tnaisei .( lha whole people hut I m "ie lull embodies 'new leglelation'
believe Mr Editor iht the most hemic in any sense of the word then It Is
ni salaries alralss hnv-. hern fght tlll suj.. f eablnet session. It Is
autiataiaed the right sgslasl pepnlar elaatef I Posd to pieces taken npnrt. re-
In tin- sdvoesi 1 oi then new doctrines let assembled and always the test np-
ae pr..e.rl wllh ilehherallun until we . ri.l Is the constitution of the United
. rertain the rigl.! than tnaintuiii mir gr und . . ..
1st all hsiarde. A few elementar) prm. : ' sl"es. It groes to the nttorney-general
1 plen of soastltal oaal law ought to es un- 1 for Judicial consideration. He moSI
esralood bj lha great BMtropollUn naa'i area It by the federal constitution.
nafiern an.l mairariiie writern. Aftie the . . .
1 irimarr el... ha. Iliil. fini.he.l . few .at An'' "'"''' "'" executive finally comes
Mseeaa In Hmerie-oi lunioiy then b t u to net on It to either v Itallge It by
r 1 to the .1.. union of each nuhjeet ' h!s approval or to give It Its otllctim
ami the Isaacs baaed ikerees Thi. ia no .. . . . .
refleellee apes The World t atmph .all M his disapproval he applies the yard
SllenttM to a tutling faet that ha. l...en slick nf the fed. rill constitution.
leesisBl ta me in peru. Ing the iresl Jour What safeguard Is there left for the
month'." r"' a"i" m ml I Judiciary to apply- To even Justify
V.nr truly. j " nrrnmentntlv e right to reopen the
.1 II BlUBfKAat question of Constitutionality It Is nec-
1 ! essiry to assume Its superior litdlciat
I retterate. In nssuming to nenlae I Sbtlltyi to nraur that the nblllty of
the Veto power ns tlu v do In setting I the legislative and CXSCUtfVC depart-
aside legislative enactments bv Judlc- 1 mints In some wny Is Inferior to the
ability of the Judicial'). An ggsumpa !
lion lie muy well believe thai 111 lib-
er of the thlcc dep.il llni Ills would
lob mir
There ' a disposition mi the purl '
of the Judiciary Itself to secret Itself 1
In tin midgl nf an atmosphere sur-
charged by the reverence n pays It-1
s. 11. it demands that the iaylty pay
us homage In like manna? "of my
self J freely confess my Inability to
shure this reverence except In those
Individual Ogggg where It Is earned
I by actual service tendered. And In
such cases the hutnuge l.r the court
I I use the singular advisedly Is luv-
lulled by the people.
I To Justify thu rlghl f the Judiciary
tn thus nver-rlde thu coinblin d wls-
J doin and Judgment of the two Other
loo-ordlnati it is well to keep this1
I word co-ordwate constanBy in mind'
I is to argUt .-..me sort of superior I
lability in that particular branch "H
the government. Vet it does not ex-
1 1st.
I The legislator Is Just 11s able it Jurist 1
! before going to the bent ) as he is i
I after donning the Judicial ermine 1
1 ue cai.mei orrioor is as sounu in uis
Ii gal adv ice while a cabinet officer
as lie Is alter receiving an appoint- 1
moot to the bench fet we have
cases where both have held one wny
In one position another way lu their
Judicial capacity 1 say the legal ad-
vice of the legislature is as apt to be
constltuBonslly sound oe the judii iui
del 1st OS of the Judge. The bench !
adds to power not to learning. Ther. -fore
the Judli lurv Is wholly Incapable
of adding to or taking from the saf. -ty
of the Id public and Its ulms by ex-
ercising the veto power. When two-
thlrds of the total power of govern-
ment has approved a measure how j
can the remaining third veto it?
The Constitution dots not ev en per- !
in It an executive veto tu stund In uil
cases.
And here I desire to interpolate a
serious tin light: If the contention I
of the critic be correct bow can the
people hope to accomplish anything
worth while through the Instrumen-
tality of either the legislative or ex-
ecutive or both ?
i'n every Judicial decision nullifying
r.n act of the Congress not only the
bur of the Nation has been divided
but the bench Itself. Add to this sit-
uation the agrement of the other two
department! the legislative and ex-
ecutive that the uct is ConstituBonel
and w hat is the logical deduction?
The Impression that the legal
school so ably represented by Judge
Prennsn seeks to create Is that this
procedure of the courts has always
been practiced. Such is not the casi
Not until 1sii3 did the eTupreme Court
Issue Its challenge to Congress by de-
claring a legislative enactment un-
constitutional. And then strangely
enough. It was John Marshall the
third Incumbent of the office who
wrote nm only the epoch-making de-
dyejon tut the government-making
decision. For its acceptance meant
a new nnd 1 ntirely different govern-
ment The same John Marshall who
a lew years before had laid the ghost
conjured up by Patrick Henry when
the federal constitution was being
debated in these words:
Congress Is empowered tu make
exceptions to the appelate Juris-
diction ai to law and to fact of
the Supreme Court. These excep-
tions certainly go as far as the leg-
islative may think proper for the
Interest and liberty of the people.
Elliott's Debates Vol 3 p. 059.
Vet he went a considerable step
beyond this in arguing a case before
the Supreme Court In which others
sought to have declared unconstitu-
tional the Virginia Sequestration act.
Here ore the very words used by
.Marshall the advocate before ho be-
came the Ureal Chief Justice:
"The legislative authority of any
country can only be restrained by
Its own municipal constitution;
this Is a principle that spring! from
the very nature of society and the
Judicial authorltly can have no
tight to question the validity of a
law unless such Jurisdiction is ex-
pressly given by the constitution."
The record is full and we are
tempted to nuote him once again be-
fore he undergoes the change from
Marshall the advocate to Marshall.
the Judiciary despot!
"I leg to know upon what prln-
Oiple Jt can be contended that any-
one department draws from the
constitution greater powers than
another In making out the limits
of the powers of the several de-
partments'.'" Upon what hypothesis can the John
Marshall decision be explained ex-
cepting the some-time accepted one
that "It Is the duly of a good judge
to widen the Jurisdiction of his court."
The other departments of govern-
ment did not call the Marshall bluff
and It became the law of the land.
Yet sixty-live years later Congress
did call It. It enacted a law told th-
Supreme Conn to keep Its hand off
and the Supreme Court obeyed with
the greatest alacrity. That win pres-
ently be repeated
Marshall however was not alone
In his contentions with respect to the
fun. lions of the Judiciary prior to his
ascending the bench. He was far
tourer alone When he reversed him-
self declared th supreme power to
be In the Judiciary and arrogantly
assumed the right to nullify the nets
of the Legislature. When he was
asking for gome one to inform him
"upon what principle It can be con-
tended that any one 4epartment
draws from the constitution greater
pOWen than another." It was thi- pre-
ponderanci of legal judgment that
the constitution was deotglteted for
the guidance of the legislative and ex-
ecutive no less than the Judb lary;
Three Loaves
Bread 10c
It's ihe n .. kind too.
LILLY BAKERY
40( East THIrd Street
Junction Pharmacy
Largest andmos. complete
ime of Drugs In mo cit
DR UGS
Fntire stuck absolutely new
PRESCRIPTIONS ACCURATELY FILLED
'Phone 1976
COR. FOURTH AND MAIS.
X
Tulsa Bldg. and
Loan Association
Pays 6 per cent
ON YOUR SAVINGS
6 W 2nd J.S.I'earcc sec.
TLLSA OKLA.
PHONE 39
liiiiTr CAB AND
If IlM C BAGGAGE
m ii r SERVICE AT
LlllL ALL HOURS
Women and Children are Safe Willi Us
Tulsa Tenl and Awning 0
AWNINGS
Protect yourself from the ter-
rific rays of summer heat-
Patronize Home Industry
Let ut- ngure on your awn-
ings. We manufacture all
kl ii .Is of tents and awnings.
ion & Second . Phono hmi.
OUR NEW
LOCATION
113 N Main.
We clean nnd dyo botl men
and women's clothing under
guumnteo of satisfaction.
Reliable Steam Dye Works
PHONE 207.
Our ugun will call.
Roses Carnations
and Asters
HENRY'S HOT HOISE
31S East "Hi
Tbone Red 1215
WE DELIVER FLOWERS
f
For Perfect Prescrip-
tion Filling Go To
Younkman 's
Red Cross Pharmacy
Brtuty Hotel Ihiilding
Phone Eight-three-two
We solicit the patronage of all
Who appreciate the service
of a competent registered
dl uggist.
(Continued ..n I'nire It.)
THINK OF US WHEN YOU
HAVE PAINTING or PAPERHANGING
Call or Phone It Will Pay You to Consult
us on Your Work ESTIMATES FREE
Tulsa Decorating Co.
213 S. Boston
Phone 407
1100 SevraK. 110b.
Thr NSSSIt pf tlill OS ptt will I r prU
tn I urn that trrr in at laSSt ikp ilrt ailcil
I diaraap thai SSwesS baa hrra al It to cure
in all ita ataita and that Catarrh tfsll's
! Csteres. ('ur.. ia the oeii poettrra curr- now
I known tu thf m.lirl Iran n.ltjr. Catarrh
IsetSI a rosatitnttosal ill Sail rpqmrra a
I CrasiitalaSOel Irtatmant. Hall Catarrh
; Curr n lakrn intrrra'lr. !Cllsg dim lly
o...n thi. easel an.l murniia 1st flaw of th
pyitrm thfrfbj: SMl'SI lei th foundation
of tht diaraa and ivinf the (.alien!
I atrrnsth building up thr r.uiituiiou
snd ntalatliif nature in doing lu wrh
The SlsprWell ba an m0rh . ln in
j rnrallv. powcra that tbfjr off. r One Hun
4rd liollara for mt raar that it faiU in
ure. Send lor hit of Iratlmomala
Addr.. 1' J CHKNIY S 00 'Jltdo 0
8nld kf all llrnfnti fee
Tak Ilall'i Fanolj Filla for constipation.
PIERSON-PICKERIalj CO.
Will furnish you money ln a
shorter tlmo and at the lowest
rate of any company ln tho
state.
Will Insure you lit old line
companies that absolutely make
you sat.
..UONDS For public construc-
tion private business or em-
ployes of any kind.
NO COST TO YOU IF WE
FAIL TO I'l.l.ASK.
20H-9 Draw nitig. i"ii 2ii
i
INSURANCE
We writs I'.ro. tornado an. plate
(laas Insuience.
We Insure oil la tank.
We Insure your rent
Fbone III.
B W. PKTTT.
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Newspaper.
Tulsa Daily World (Tulsa, Okla.), Vol. 7, No. 2, Ed. 1 Tuesday, September 19, 1911, newspaper, September 19, 1911; Tulsa, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc133411/m1/4/: accessed June 26, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.