The Raleigh Herald from Beckley, West Virginia • Page 2

oils, Tho which Roosevelt Ike, has ier: 190S. News not but even serious nistratlon 't In con- pnrchase and the tomorrow jdge cou- deal. It United ican citi- erty that ,000,000. ar at the plngPfl. 5 govern- the prop- ney? We list ration it right low.

The involv- noth- i brother a mem- las, it Is to ap- of which and the whole mutter has been threshed over In all Us details ngain and again. p-lves currency to tho charge that 'the United States bought from American citizens for property ihai cost those citizens oiilv $1 J.OOO.nOO.' Tho statement is false. The I'nited Stales did not pay a eem or the $10,000.000 to any American citizen. The Xews ihere is no doiibi that ihe mont paid for the prop- eriy and continnes: 'But who got Ihe money? are not lo know. The administration and Jl1 Tilft do ot it right that the people should this is so ludicrous as to make one feel a little impatient at having to answer it.

The fact lia. been officially published again and again that the government paid and that it paid this $40,000,000 direct to Hie French government, selling the receipt of tht liquidator appointed by the French governmeiu to receive the same. The United Stales government has no knowledge as to the partiiular individuals among whom the French government distributed the turn. This was the business of the Frenck government. The mere supposition that any American received from the French government a 'rake-on" is too absurd to be discussed.

It is an abominable falsehood it is a slander not against the jrnvemment. Inu against the French government. "The News continues, saying that 'the president's brother-in-law Is involved in the scandal, but he has nothing to The president's brother-in-law was involved in no scandal. Mr. Delavan Smith and tht other people who repeated that falsehood lied about the president's brother-in-law; but why the fact that Mr.

Smith lied should be held to In- I'olve Mr. Robinson in 'scandal' difficult to understand. The scandal ministra-iaffects no one but Smith; and kit to out-1 conduct has been not merely scanda- i -amous. Ms ha- 1 lii" ightest en, nwlirn of kind, sort or description at. any time or under any with the Panama matter.

Neither did Mr. Charles Taft. "The News says that Mr. Taft was ntlal has records are pub: are not election, this has said that a member of the So far as I know was no syndicate. There certainly was no syndicate In Ihe United States that to my knowledge had any dealings with the government directly or indirectly; and inasmuch as there was no syndicate, naturally could not belong Indiana ids ahead indidate) 2 to this are (he jero When.

session of do they i of the ought to Dtlgllt to WJLKK." D. io it. The News demands that Mr. Taft 'appeal to Hie evidence' by which it means what it calls the is the mass of papers which are stored in the war clepart- istimating ment. save such as.

because of their in otn-1 technical character and their usefnl- hich thus ness in the current work of the ean- i al, it has been found advisable to send to the isthmus. All of these documents that possessed any importance as illustrating any feature of -I, 1 i the transaction have already been ionnection remains a great mass of documents of little or no importance inclosing which the administration is entire- tlianapolis ly willing to have published, but Mr. Dela- which. because of their mass and seamed to deceive a number or people, the following statement was intido public about it: 'As soon as the story was brought to President Roosevelt's attention he not only called for reports concerning the statements from the department of justice and the department of the-interior, but also communicated with ex-Secretary Hitchcock, so as to be sure that the president's recollection was not at fault. The story is false in every particular from beginning to end.

Not only Is Ihere no such report In the department of jus- lice and never has been, but no such report was ever made. In granting the franchise of the Prairie Oil and Gas company the president simply approved the recommendations of Secretary Hitchcock submitted by mm precisely as all other recommendations were submitted, "Moreover, in every case referring to granting of franchises of the adoption of regulations as regards oil and gas franchises in Oklahoma dinn Territory, the president approved the recommendation with the exception of one small and unimportant grant to a Delaware Indian to whom the Delaware Indians, in recognition of eight years of service to the tribe, had voted in council a fee of $50,000, which he had declined to and who was given twice the usual amount of land. The statement about the alleged promise to a western senator is as ridiculous a falsehood as the rest of the story. "The fact is that these particular newspapers habitually and continually and as a matter of business, practice every form of mendacity known to man from tne suppresion of the truth and the suggestion of the false, to the lie direct. 'Those Who write or procure otn- ers to write these articles are engas- ed in the practice of mendacity for hire: and surely there can be no lower form of gaining a livelihood.

Whether they are paid by outsiders to say what is false or whether their profit comes from the circulation of the falsehood, is a matter of small consequence. It is utterly impossible io answer all of these falsehoods. When any given falsehood is exposed they simply repeat it and circulate another. Tf they were mistaken in the facts, if they possessed in their make-up any shred of honesty, it would be worth while to set. them right.

But there is. no question at all as to any 'mistake' or misunderstanding on their part. They state what they know to be untrue and could by the slightest inquiry find nut In be nhtnie. doubt if they themselves remember their falsehoods for more than a brief period: and doubt slili more whether anybody else does. Under these circumstances it seems hardly worth while to single out for special mention one or two given falsehoods of a particular paper, the moral standard of which is as low as but no lower than that of certain other papers.

Of course now and then I am willing to denounce a given falsehood, as for instance, as regards this case of the Indianapolis Xews or the case 1 have quoted of the Xew York Sun simply because it appears that some worthy people arc mislead or puzzled by the direct shamelessness of the untruth. certainly pointlessness. nohortv tins aver cared "But ordinarily a do not ami can- lent.s he'to publish. Any reputable man can this Pan-; have full access to these documents. ither mat- If yon or Mr.

Swift or Booth TarK- not pay heed io these falsehoods. If I did, 1 would not be able to do my work. -me clip- In "My plan has been to go ahead refore, as any reputable come on and do the work and let those peo- will not I here, he shall have free access to the pie and those like them yeli; and its, I am 1 will rebut inas- nestly dele and in- documenfs and can look over everything for himself. Congress can have them all printed if it wishes; but no congressman has ever so far intimated any desire that this should be some re-j done! 1 suppose because to print eliove such a mass of documents would be Mr. Smith I a great expense, and moreover, an i to think entirely useless expense, unless, then lo trust with law abiding confidence to the good sense of the American people in the assurance that the yells will die out.

The falsehoods be forgotten and the work remaht. "Therefore, as far as 111 am concerned. 1 would rather make no answer whatever in this case. But I have a great deal of confl- ards the which is not the case, there Was some deuce in your judgment, and if you 3st promi- object in printing them. feel that these men ought to De ex- of its is-1 ans the docu- "Xow.

my lear Mr. Fnnlke. 1 have posed, why you are welcome to pub- swerod in detail your questions i lish this letter. There is no higher false. Not It states were sent the object and the statements of Ihe News: You and more honorable calling are quite welcome to print my ans-1 that of Ihe men connected with an wer: but I most frankly add that 1 I upright, fearless and truthful ncws- don't think any good will come from paper; no calling in which a man doing so.

Mr. Delavan Smith is a conspicuous offender against Ihe laws can render greater service to his fellow countrymen. The best and being ap- of honesty and he ablest editors and writers In the matter in does not stand alone. Me occupies, daily press render a service to Ihe fion of Mr. I for instance, Hie same evil eminence community which can hardly be with such men as Mr.

Laffau. of the i paralleled by the service rendered Xew York Sun. the editorials of by the best and ablest men in pub- whosc- papers yon or others have! lie life, or Ihe men in business. But from lime to time called lo my at-j the converse or this proposition is al- tentiou just as you have called to i so true. The most corrupt, financiers, I.

the last veil of any 'n May of acci-ssi 1 ind are ao- an or domes has had ine any of I.e tho Mews lo have no ruing the fact Is that lost minute every lin- and it been IcalioiiR to dally press my attention these editorials of the Indianapolis News. I never see an he most corrupt politicians arc no greater menace to this country than editorial in any one of these or Kini-llhe newspaper men of. the type 1 liar papers nnloss for some reason if is sent to me by yon or some one else; and of the editorials thus sent me there Is hardly one which does not. contain some willful and deliberate perversion of the truth. "For example, I have just, made public the following statement concerning the Issue of utterly false statements which appeared In Mr.

baffan's paper, the Sun. "As the New York Sun story en- tilled 'llooBevelt and Prairie Oil' has have above discussed. Whether Ihoj belong to the yellow press or to the purchased press, whatever may be Ihe stimulating cause of their slanderous mendacity, and whatever the cloak it. may wear, matters hut little. In any event they represent one of the potent forces for evil In tlu community.

very truly, "TIIEODOHK HOO8EVBLT. "William Dudley Foulke, Richmond Indiana." Ballots Endorsed)!) Legal, A writ of mandamus was awarded to K. M. Seiner against tho Wyoming county court, sitting as a board of canvassers, by the West Virginia supreme court of appeals, in open court last week, compelling the board of canvassers.to count 1,820 ballots, or the total vote of ten of the twelve districts in Wyoming had been rejected by the board because the poll clerks the ballots with pencil 'instead of ink as required by law. In issuing the writ, the court, in an opinion written by Judge Poffenbarger, concurred in by Judges Robinson and Miller, Judges Brannon and MeWhoi'tei dissenting, declared that, the clause "in section 34 of chapter 3 of the code, as amended by chapter 21, acts 1908, relating to the endorsement of election ballots jy poll clerks, is directory in so far as it provides that the signatures shall be on the lines provided there- for, under the pVinted words 'poll clerks' and in ink, but mandatory in so far as it requires the signatures be in the hand writing of the poll clerks." The effect of the writ will be to compel the recount oC the ballots in which.case E.

M. Senater, who ap- ilied for the writ will probably be chosen circuit clerk' and the major- ly of the county court, itself, de- 'eated for re-election. The decision will also affect the recount in Raleigh county, which was suspended by the county court of Raleigh county after it had decided to throw out hree precincts, electing a number of lounty officials and Joe L. Smith, he candidate for State Senator from hat district, who was defeated on he face of the returns by 38 votes. The following opinion was written Judge Poft'enbarger: The board of canvassers of Wyoming county, on a recount held at instance of several candidates, voted for at the election held on the third day of November, 190S, rejected 1,820 ballots, all the ballots cast at ten precincts out of the twelve in the county, because the signatures of the poll clerks on the backs thereof were endorsed with a pencil instead of In ink, as provided by section 34 of Chap.

3 of the Code, as amended by Chapter 21 of the Acts of 190S. 13. M. Senter, who was a candidate for clerk of the circuit court of said county, asks a preemptory mandamus to compel the counting so many of the rejected ballots as were cast for him. The main question is whether the words "in ink" are mandatory or directory, section 34, as amended, sayng: "On the back of the ballot shall be printed or stamped in black ink the words "Official Ballot," with the date of the election, and underneath shall be two blank lines, followed by the words "Poll Clerks." On one of these lines each poll clerk shall personally write his name in ink," and section GG of said chapter, providing that any ballot which is ot.

endorsed with the naaies of the poll clerks, as provided in the chapter, shall be void and shall not be counted. In the case of Kirkpatrick vs Deegan, 55 W. Va. 275, the requirement that the poll clerks severally endorsed the ballot, each in his own. band writing, was held to be mandatory and ballots not so endorsed were rejected.

We held it necessary not only to have the names of the poll clerks on the backs of the ballots, but also to have them in their own hand writing, although the statute did not then say each poll clerk should personally write his name, the language being "each poll clery shall write his name." We interpreted this as if it had read "each poll clerk shall personally write his name." Though the hand writing, relating to the manner of signing, rather than the fact of signing, we held it to be included within the manda tory part, or operation, of the statute. After that decision, the legislature amended the statute and made it read as above quoted, It conformed the statute in terms to the decision by saying "each poll clerk shall personally write his name," and then added the words "In ink." Naturally the first impression is that the legislative intention was to make the words "in ink" mandatory, since they relate to the mode of signing, as the hand writing does; but a moment's reflection brings to the mind a marked distinction-between trie function of the handwriting and that of the moans by which It Is Impressed. The purpose of the handwriting is to secure on every ballot two distinct marks of Identification. The handwriting Is the same, whether In pen ell or In ink. Therefore, the Identification by the hand writing docs not depend upon the use of the pen.

This makes It clear that the use or ink Is required as a means or preventing tho destruction or alteration of the marks of Identification. Tho preservation of tho signatures, after they have been made is subsidiary or secondary. It is intended as a safeguard against alteration of that which is made part of the ballot, the signature. We can- ot say that everything in the clause quoted, containing the words, "in ink," and pertaining to the manner of signing, is mandatory. It says the signatures shall be on the lines provided therefor and under the printed words "Pol! Clerks." It cannot be seasonably supposed that the writing of the names elsewhere than on the lines or under the printed words would invalidate the ballot.

These provisions relate to the manner of signing as do words "in ink," and are intended to perform a different function, it is true, but none of these provisions are of tne same dignity as the requirement of the hand the mark of identification. The others relate to the place in which it shall be made and the means of preserving It. Wie think this conclusion' is in harmony with the decision in Parvin v. Wimberg, 130 'ind. 561.

30 Am. St. Rep. 254 holding as follows: "The statute requiring the clerks of election to indorse their initials upon the ballots is mandatory, but the requirement that the initials shall be endorsed in a particular place on the back or the ballot is directory mere- s'. A ballot indorsed at an improper place cannot therefore, for that reason only, be rejected." This court has never held any provision of the election law mandatory unless it could see that the legislature necessarily intended it.

Doll v. Bender, oo W. Va. courts universally hold that irregularities on the part of election officers do not deprive the voter of his voice in the election, unless the intention of the legislature to give it such effect is be- vond doubt, and the regulation reasonable. We do not think the statute under consideration expresses such clear intent.

Therefore, we hold the ballots good and award the writ prayed for. 11V PAICAtiltAI'HS Sections Selected From Mcssugc To Congress Brewery Agents I'ijjits. A verdict of not guilty was found by' the pourt at Kingwood in one of the cases of the state vs. the Fairmont Brewing Company charged with illegal selling of beer in Preston county. Altogether there are fifty indictments against the company found by the grand jury which ruled that Ihe act oTTire ders in Preston county was a violation.

M.uch interest was taken in the case which was prosecuted by W. G. Conley, Attorney General and Prosecuting Attorney H. E. Hughes.

Attorney C. T. Herd of Morgantown represented the defendant company. The court in the first case decided that an authorized agent of a company was permitted to solicit orders outside his own county. The other indictments will be dropped.

The. currency system Is imperfect, and it is earnestly to be hoped that the currency commission will Ue able to propose a thoroughly good system which will do away with the existing defects. The railways of the country should be put completely under tho interstate commerce commission and removed from the domain of the anti-trust law. The power ot the commission should be made through-going, so it could exercise complete- supervision and control over the issue of securities as well as over the raising and lowering of rates. Telegraph and telephone companies engaged In interstate business.

should be put under the jurisdiction, of the Interstate Commerce Commission. The danger democracy lies not in the least in the- concentration of administrative power in responsible and accountable? hands. 'It lies in having the power insufficiently concentrated, so that no one can be held responsible to the people for its use. Concentrated 1 power is palpable, visible, responsible easily reached, quickly held to account. Power scattered througtt.

many administrators, many legislators, many men who work behind andl through legislators and administra- 1'rison Report. The prison report for the montn of November has been received at the governor's office a.nd it shows a population in the penitentiary at the end of the month of 1,180, a net increase of five over the month of October. Fifty-three prisoners were received during the month as follows. From state courts, 50; United States courts state district, violation of parole, Forty-eight were discharged as follows: Of the state prisoners the sentence of 25 expired; one was conditionally pardoned, four were paroled and one died; of the United States prisoners from the District of Columbia, the sentence of 14 expired and one died and from the state district, the sentence of two expired. HKFUSKD BAIL Hii-kiuan May Heart Unwritten Law In Killing Mcldriim.

Judge Woods, in the Circuit court, of Ritchie county, refused to grant bail to Ralph Hickman, held to tne grand jury for the alleged of Frank Meldrum, whose dead body was found al tho foot of a cliff at the rear of'the Hickman home near Toll gale, Ritchie county several weeks ago. The application was made by Sherman Robinson. Judge Woods said that he would be compelled to refuse the application because the law did not permit him to grant bail in such a firsi degree murder case. He, however, said that he had received many letters from prominent county people, saying that If Hickmnn had really killed Meldurm he had done no more than right in defending the honor of his sister. Man has ever expressed some symbolical philosophy of his being In his works and conduct; he announces himself and hla gospel of nature; he li the Mewlah of nature.

tors, is impalpable, is unseen, is irresponsible, can not be reached, cannot be held to account. Democracy Is in peril wherever the administration of political power is scattered: among a variety of men who work in secret, whose very names are unknown to the common people. It is. not in peril from any man who derives authority from the people, who- exercises" it in. sight of.

the and who is from time to time compelled to give' an account of its exercise to the people. Postal savings bank's will make it easy for the poorest to keep their savings in absolute safety. The regulation-of the national highways, must be such that they shall serve: all people with equal justice. Corporate -finances must be supervised so as to make it far.safer than at. present for the man of small means; to invest his money ij SCOCKS.

There- must be prohibition of child diminution of woman labor, shortening of hours of all mechanical labor, stock watering be prohibited, and stocK gambling so tar- as is possible discouraged. TlfereT" shonkl be a progressive inheritance- tax on large fortunes. Industrial- education should be encouraged. The congress should without further delay pass a model employers' liability act. I most urge upon the- congress 'the duty of increasing the totally inadequate salaries now given to our judges.

It is earnestly to be desired that some method should be devised for- doing away with the long delays- which now obtain in the administration of justice, and which operate: with peculiar severity against persons of small means, and favor only the very criminals whom it is mosL desirable to punish. 1 advocate the immediate admission of New Mexico and Arizona as-, states. I again renew my for postal savings banks, for depositing savings with the security of the government behind them. The: object is to encourage thrift and; economy in the wage-earner and person of moderate means. Action should be begun forthwith during the present session of the: congress, for the improvement of our inland which, will result in giving us not only navigable but navigated rivers.

We- have spent hundreds of millions of dollars upon these yet: the traffic on nearly al! of them IB. steadily declining. This condition is; the direct result ot the absence of any comprehensive and far-seeing; plan of waterway improvement. I approve the recommendations of the general board for tho Increase of the navy, calling especial attention to the need of addition destroyers: and colliers, and above all', of the fou- battleships. It Is desirable to- con.nlete as soon as.

posui 1 Jo a 1 ron of eight battleships of the best exliting type. They may muzzle the kaiser at one' point, but he breaks out, at another. No more newspaper interviews with' his majesty can be had, yet the royal announcement of the early publication ot his majesty's diary during- the first twenty years of his reigii- uhows that William Is still to be seriously reckoned with. If the dlnry Is to be printed In ah unexpurgated form there may be another crisis la Germany. Hi i4.