Indianapolis Journal, Indianapolis, Marion County, 1 July 1889 — Page 4

THE INDLVNAPOLIS JOURNAL, MONDAY, JULY 1, 1889.

THE DAILY JOURNAL MONDAY. JULY 1, 1880. WASHINGTON OFFICE 513 Fourteenth St. P. H. Heath. Correupoudent. NEW TOUX OFFICK 204 Temple Court, - Corner Beeknian and Nassau Street. Telephone Calls. Business Office 233 Editorial Room 212

TK1UIS OF SUUSCKUTION. DAH.T. fine rear, without Fanday flioo One year, with Mandny - 14 0O Fix montLf, without bunday fl.00 bix month, with Sunday 7.00 Three months, without Hnnday s.no Three mcathar with Handay XV) one month, without bunday l.oo One month, Uh bunday t l JO WCEKLY. Per year f 1-00 Reduced Rates to Clubs. Subscribe with any of our numerous agents, or send subscription to T1IL' JOURNAL NEWSPAPER COMPANY, Indianapolis, Ind. THE INDIANAPOLIS JOURNAL Can be found at the following place: LONDON American Exchange in Europe, 449 btrand. PARIS American Exchange in Parts, 35 BouleTard dee Capucine. NEW YORK GUsey House and "Windsor notel. V HILAD ELFH IA A. p7 Kemfcle, J735 Lancaster arenue. CHICAGO Palmer Ilouse. CINCINNATI J. P. Hawley db Co, 1M Vine street. LOUISVILLE C. T. Deering. northwest corner Third and J efferson streets. ST. LOUIS Union News Company, Union Depot and Southern Hotel. WASHINGTON, D. C Biggs House and Ehhltt ' House. In the case of Clay county charity did not begin at home. Tho people of that county have contributed nothing to the relief of alleged destitution in their borders, and have not yet discovered that it exists, i During the decado from 18o0tol8G0, in which, tho Sentinel says, "this country had tho lowest tariff that has been in force einco 1816," hundreds of thousands of American workingmen labored for less than 82.50 a week. No decision of any Supreme Court has been more generally and more favorably mentioned by the press than that lately given by tho Supreme Court of Indiana which holds that a license is not a contract. This, with tho opinion given a few months ago by Chief-iustice Elliott, that, without any legislation onthesubject, the liquor traffic would have the same rights that any other traffic has, is likely to put the license question in a proper light before the people of all tho States, as his arguments are unanswerable. There was never any doubt as to tho invalidity of tho act of tho last Legislature prohibiting tho sale in this State of the meat of animals slaughtered in another State and inspected in accordance with the laws thereof. The act was an attempt to regulate and restrict commerce between the States, and was, therefore, an infringement upon national authority. Judge Johnston, of the Porter Circuit Court, has so held, in a decision printed elsewhere. He discusses the questions involved in an able and interesting manner. There are indications of a great scandal in the action of the last administration regarding Haytian affairs. Facts now coming to light show that the administration gave active support andaid to tho Haytian rebellion, and that the United States minister and consul at Hayti were open allies and agents of Hyppolite. Two or three eases are cited in which tho minister is said to have made' several thousand dollars by services rendered to the insurgents, in which he. had the active support of our State and Navy departments. The matter is likely to undergo thorough investigation as soon as Minister Frederick Douglass gets to Hayti. Some time ago the Washington authorities declared that our commercial arrangements with Canada did not authorize Canadians to transport goods from one Canadian port to another Canadian poit in bond, through Maine, by the new short -line railway. This decision has somewhat olfeuded our neighbors on the north; they are busy in determining what to do about it, and they are discussing the wisdom of retaliating by not allowing the United States to transport goods, in bond, through Canada. The question before the Canadian Cabinet is what would be the probable 'result of such a policy. This, with the Hehring sea question and tho export duties on logs, is creating discussions bordering on uneasiness in the Dominion. Hon. Chauncey M. Depew's impressions of tho President and his administration havo the double merit of coming from ouo of the brightest men in the country, 0110 of the best Republican?, and one who is not asking anything of the administration.. He contirms what the Journal has always said concerning General Harrison, viz.: that ho is fully equal to all the demands of the presidential office, and that, having been elected by the people, he will be sole executive head of the government, with all the term implies. He will bo that because the Constitution makes it his duty. As tho country becomes better acquainted with President Harrison, it will find he is as little apt to shirk any duty or respon sibility of his position, or abdicate any part of his constitutional power, as he is to exercise or claim any that does not belong to him. It seems the negotiation for the opening of the Sioux reservation is being greatly embarrassed, and may be defeated, by the meddlesome machinations of "Dr." T. A. Bland, formerly a resident of this city, and weJl remembered here for his harmless vagaries. Since going to Washington, many years ago, he has made a hobby of the Indian question, and by long 'and persistent posing as the red man's friend has managed to gain considerable influence among Indian humanitarians, and with some of the Indians themselves. In tho present case he is using it to induce them to insist on maintaining their tribal relations a course directly opposed to the Indian policy of tho government and to tho views of those best informed in regard to Indian affairs and most friendly to tho conservation of their true interests.

The maintenance of Indian tribal relations has been the greatest drawback to the solution of the Indian question in tho past, and is still tho greatest hindrance to their advancement and civilization. In urging the Sioux Indians to this course, Dr. Bland is doing what he can to prevent the opening to white settlement of an immense tract of unprofitable land, and is encouraging the Indians to continue a life of loaferism and semieavagery. .

GRADY'S IMPENDING DANGERS. Is there anything more enjoyable than the scintillations of a young orator when he is relieving his mind of thoughts which to him are new, aud which he imagines are for the first time promulgated with proper emphasis and proper adjectives! This is always the case when his topic is the dangers that threaten our Republic, and you can see in every gesture and in every inflection that he is sure that ho has come to the front just in time to save a crash. Such must have been tho feelings of tho audience which recently listened to the great speech of tho great orator, Henry W. Grady, of Georgia, at the University of Virginia. His theme was the dangers to the Republic growing out of the centralization of power nnd the increase of wealth. The young man may not know it, but that same alarm was 6ounded more than a hundred years ago, and it has been repeated in one form or another at every college commencement for a. century. The truth is,' there never was much of a concentration of power until tho States' rights, local-government theory began to ripen into rebellion against the Union. Until then it was dormant, though tit esse. Perhaps Mr. Grady, though hardly old enough to have been an eye-witness, may remember that there was considerable of this concentrated power, say about tho 1st of ' March, I860. There has been very little necessity to display it for nearly a quarter of a century, but it is there, ready for use, when occasion shall require. As to the alarming increase of wealth, that is merely a poetic ornamentation of his speech. It is tho glory of America that she has increased in wealth beyond any nation on earth and that wealth is uiorc generally diffused among the people. There are not half as many millionaires, relatively, as there were during the time of the revolution and for twenty-five years afterwards. No Vnnderbilt, or Gould, or Astor equals, relatively, the Washington, tho Lees and others of the revolutionary period, compared with the pecuniary condition of the common people of that period. There was more concentrated wealth in the South in 1800, counting tho thousands of acres and hundreds of slaves which were owned by individuals, who held also almost absolute ownership of the politics of their States. Even Calvin S. Brice, the money king at the head of the Democratic party, would hardly compare with the wealthy slaveholder of thirty years ago. There is a hundred-fold more wealth now than then, but through the wiso policy of the Republican party theso thirty years, it is more generally diffused. Their homestead policy, their protection policy and their currency policy have resulted in increased wages to the wageworker, and increased personal and domestic comfort to all. Occasionally there crops out a millionaire, like Chairman Rrico, who hopes to buy tho senatorship bought by Senator Payne with "concentrated" coal oil, but- these are the exceptions. It is well for Mr. Grady to spread himself when addressing tho young men of Virginia, and to fire their hearts against that iniquitous centralization of power which spoiled the schemes of tho Statesrights Democrats of thirty years ago, and make the greatest speech of his life that is the way our great Indiana orator' always does; but the American people will not bo frightened into fits by his eloquence. They will hold on to that centralizing of power fhich holds even Georgia and South Carolina in the family of States, though against their choice, and they will not readily abandon the line of policy which makes even a Brico a possibility while the millions are prosperous and happy. If tho Board of State Charities went to Clay county in an official capacity it should make an official report. The law creating the board says: The board, in its discretion, may at any tiiue make an investigation, by the whole hoard or by a committee of its members, of tho management of any penal, reformatory orcharitable institution of the State, and said board or committee, in making any such investigation, shall havo power to send for persons and papers, and to ad minister oaths aud atlirmations; and the re port of such investigation, with the testi mony. shall be made to tho Governor, and snail be submitted by bun, with his sug gestions, to the General Assembly. Another section of the law requires tho board to prepare and print every year "a full and complete report of all their doings during tho preceding year." Theso provisions of the law make no reference' to strikes or labor troubles, but they evidently require the board to keep an official record and make a report of all its transactions. It is contrary to public policy to invest official'procecdiugs with secrecy, and in this case tho law explicitly requires a report. ABOUT PKOTLK AND T11IXGS. Prince Bismark is said to take more pleasure ' in recounting the dueling and drinking feats of his student davs than in relating any of his later triumphs in the held ot statesmanship. President Harrison will not have an appointment to the Military Academy un til June, l.O, for admission to the Academy in Juue, 1KH. when but oue cadet "at largo" will bo graduated. As William of German and Humbert of Italy were driving to Charlottenburg one of their horses fell down. Germany unharnessed the brute and Italy sat on his head. Tho Kodak camera has not yet been heard from. Dr. Sophia Kowalewski, professor in the University of Stockholm, was induced to pursue her mathematical studies by her husband, a famous Russian naturalist. who perceived her remarkable aptitude for that branch of learning. The chief topic of discussion in London clubs and court circles is the betrothal of Princess Louise Victoria Alexander Dag mar, of Wales, eldest daughter of the Prince and Princess of ales, to the Karl of t ue. Princess Louise ban a verj pretty figure, about middle size, and a face with plenty

of character. She was born in Marlborough House, February 20, The Earl 1 r .... 1

01 rue nas ueen. ior inauv j-cais, ;t ciose friend of the Prince and Princess, and is very popular. At a dinner party given to the Emperor and Empress of Germany lately the hostess. Conntesn of Wahlersee. formerlv Miss Marv Lee, of New York, performed tho difficult feat of walking backward the whole length of a high staircase, managing her train with great dexterity. Twenty days before the Eiffel tower was opened to visitors, nobody could be found who was willing to establish a restaurant on the high platform. Every speculator was afraid that the idea would not be successful. But tho men who were bold enough to make the attempt are now mak ing-fortunes. Miss May Fortkscuk, the English ac tress who was fortunato enough to obtain $50,000 damages from Lord Cairns in a breach-of-nromi&e trial, some years ago. has just succeeded in winning another case of similar nature against a Mr. Laurence Henry St. Paul Moore. On this occasion she was content to accept a verdict of $1,500. The old elm tree, withered and dead in the top from old age, which stands at the entrance to the sonth approach to the State Capitol at Harrisburg was spared from destruction years ago at the request of Gen. Cameron, who had taken a liking to it and had asked that it should be left untouched during his lifetime. He was so earnest in pleading for the tree that his wishes were respected. Julian Hawthorne has written twentynine books. In person he is about live feet eleven inches in height, slender, but a good deal of an athlete, and he has a very handsome face. His home is et Scotch Plains, N. J., and his summer residence at Sag Harbor, Me. He has five girls and two boys, the former, of whom are named, respectively, Hildegarde, Gwendolen, Gladys, Beatrice and Imogen. The Duchess of Marlborough, who was once Mrs. Hainersly, of New York, has applied for another $100,000 out of the accumulated income of her former husband's estate. Since the contest over Air. Hamerjly's will began, the Duchess has drawn lroui the income of the estate about $726.000. It has been held that she is entitled to these accumulations. The value of the personal estate is about $3,000,000. Simon Cameron's couutry place was a' square, old-fashioned farm-house, with a long lane leading up to it, and a big barn, in which tho old General took a great pride, standing just outside the garden gate. There was no telegraph wire or telephone station within three miles of him. Ho would have none. When he came to the farm he wished, if possible, to get out of the reach of the men who came to him day after day in his Harrisburg home, loaded with propositions, and suggestions, and demands. A correspondent writes that in the cemetery of Heiligenkreuz, near Vienna, a white marble headstono has just been lacrd over a grave on which the grass has lardly grown gTeen. Tho inscription on the stone is: . Marie, Baroness ue Veszera. Horn March 11). 1871, Died Jan. 30, 18S9. "Life is a flower; it oieu3 and is plucked. This is in memoriam of the young woman who shared the tragic fate of Crown Prince Rudolph. An unusually valuable catseye has just reached London. It comes from Ceylon, and was originally found by a laborer who was loading a cart with earth. Ho sold it for ninety rupees, and then, in its uncut state it weighed 475 carats. Subsequently it passed through several hands, and ultimately fell into those of a native rice merchant, who gave 9,000 rupees for it and had it cut. Its present weight is 170 carats, and it is insured for 30,000 rupees. It is described as reflecting four opalescent rays, combining to form a simple brilliant ray. Before Simon Cameron was twenty years old, and when ho was working as a printer, he let slip a big knife with which ho was cutting paper, and served'an artery in his groin. Had he not known enough to apply pressure at the right spot he would have died from loss of blood before a doctor could get to him. Forty years ago. in Baltimore, he was caught between a moving train and a wall, and so dangerously bruised that he was laid up for weeks. Despite these mishaps, he lived to celebrate his ninetieth birthday on the Nth of last March. COMMENT AND OPINION. Harit is stronger than sin,-or sloth, or folly, and the habit of uninterrupted labor, or the loss of self in some work meant to be for a time, forges chains that only life itself can break. Louisville CourierJournal. The soldiers who fought for tho Union from 61 to '05 have daily evidence that they did not throw away "their votes when they cast them almost solidly for an American administration last fall. Detroit Tribune. The theory of free trade is sustained only by the exceptions to the general rule. The great weight of evidence is in favor of protection. If exceptions prove anything they Jrove the rule, and not its opposite. Cleveand Leader. The people of the United States will not patiently see any European rower violate the Monroe doctrine, and it behooves the national government to keep a close and jealous eye on the isthmus. While .to-day it is not regarded as a subject of first-class importance, this canal and its control is likely to become one of the burning questions of a coming age. Boston Globe. Why not strike at the very root ot the matter, and, by closing our ports to foreign immigrants, shut out all those from whom the ranks of the Anarchists aud Nihilists in this country are recruited? Shut them out effectually,, and it will not take us long either to convert their fellows now here to a better way of thinking, or eonioel them to seek quarters elsewhere. Pittsburg Chronicle. The experience of Pennsylvania hasbeen decidedly against local option, and it is quite probable that it will not be repeated. Tho question is a very grave one, and tho recent vote of the State clearly means that, as at present advised, thd best possible method of restraining the abuses of tho liquor traffic is by a carefully devised and resolutely enforced license system. Philadelphia Times. An unanned nation is at the mercy of all other nations, and they are armed. A few hours work performed by the war ships of an enemy would destroy a hundred time more wealth than is needed to build an maintain a system of national defenses. TV be such an unarmed nation as, by almost criminal neglect and fol ly, the United States is to-day, is to be exposed to insult without the means of punishing it, and to be unable to maintain its rights or its dignity except with words aud pieces of paper. New York Sun. The State Press. The State Entomologist, with blood in his eye, has come manfully to the front and jumped on the green bug that is eatiug the wheat. He calls it the syphouophora aveme, and if that fails to crush the presumptuous insect he is ready to hammer it with a name twice as long. Hartford City Times. Pkouarly the most killing of all tho humors of the commencement season is when some cross-roads politician, who never studied a solid two hours in all his life, gets ou his legs and assures the aspiring graduate that the student life does not end at graduation; that the student life has, really, then but just begun. Richmond Telegram. Suppose the appropriation for pensions is exhausted, what does it show! It show s that the appropriation is not large enough, and that it ought to be made larger. With tho millions of useless money piled up in the Treasury why should anv Union soldier be made to'sutier want! It is time enough to complain and call a halt when the necessity arises, and there is no probability that such necesitywill arise in this country during the life of any soldier of tho late war. Columbus Republican. During the last presidential campaign one of the strongest arguments put forth by tho free-traders was the alleged fact that the farmers were getting deeper and deeper in debt all the time, because "the markets of the world" were not open to them. It was particularly shown that the lam of Illinois were overwhelmingly mortal, nd. It now turns out that farm

property in Illinois is much less mortgaged than the railroads, manufactures and commercial interests of the State. And so it

seems that the farmers are not so badly oft after all Terre Haute Mail. The talk of Mr. Blaine being the real power behind the throne and of Harrison br.ing a mere puppet in the present national auiuimsiraiion, us ceawu in iujisc(utin.i3 of the fact that it has been made clear to the discerning that a satisfactory understanding exists between the Piesiuent and his Secretary of State, and that their official and persoual relations are of the most ajrreeable kind. During the brief period Mr. Blaine has held the office of Secretary of State under this administration, he has accomplished more than his predecessor, Mr. Bayard, did in his entire term of four vears, and in his diplomatic endeavors he has had the cordial assent, support aud cooperation of the President himself. Lafayette Courier. OUR MINOR COURTS. Evils Connected with Their Administration ot Justice and the Remedy Therefor. To the TMItor of tlie Indianapolis Journal: It has always been the aim of the English-speaking people to remove the judiciary, so far as possible, from mercenary influences, and to separate its members from all personal and political power. So far as possible, it has been an object with the American people to make its judiciary independent of any and allnrevious political affiliations. With the federal judiciary the appointment of the judges is made by the President, by and with the advice of the Senate; and after their appointment they, for their lives, are beyond the power aud control of the executive or legislative departments, ' except by way of impeachment by the latter. While this judiciary has been, frequently criticised for its alleged leaning to this or that political party, and sometimes meritoriously, yet no set of tribunals having as many questions bordering so closely on political problems, are so little open to censure for being swayed by their party alliances and Jirejudices, as the federal judiciary; and so ar as personal favoritism in its decisions are concerned, few, if any, such charges have ever been made. The exalted character of the offices held by these judges has kept them above reproach. As much cannot be said of the superior and appellate courts of the United btates. Both the appoiutive .and elective systems have been adopted, often both at different times in the same State. The elective system by the Legislatures have proven tho inost unsatisfactory. An election by the popular voice or by appointment by the executive have each their adherents, but it is difficult to say which is preferable. Each has produced deleterious results and brought shame upon the judiciary; but, in the main, and with few instances ot corruption, the State judiciaries are exemplary models of uprightness and integrity; and of the character of the great number of the judges who have occupied the bench in this country, the people have just cause to be proud. But this statement is limited to those judges holding commissions , in courts of superior jurisdiction. Contrary to all practice j.n other instances. England aid America have pursued a different course with reference to their inferior courts, such as police and mayors' courts, and justices of the peace, especially the latter. Tho office of justice of the peace is a very ojdpne, and its name indicates tho object of its creation to keep the peace. At first it had only criminal jurisdiction, but in this country its jurisdiction has been greatly increased and extended to many civil cases, often to matters where the amount in controversy reached as high as $."iO0. In matters of small amount their jurisdiction is often exclusive, and must, of necessity, be resorted to for tho redress of minor wrongs. Because of the cheapness of litigating in them, and the facility with which business can be expedited, they are very much patronized by the public. Jury trials are allowed in many of them; and the jurors pay is usually assessed to the losing party; but iu a criminal prosecution, if there bo an acquittal, none is allowed. The fees of a justice of the peace are usually taxed to tho losing party, like pay of the jurors. In this practice there is a constaut source of indi rect bribery; and it is astonishing that the practice has been so long tolerated. . The charge is frequenUy made, and it is every lawyer's experience, that if one party is able to pay costs aud the other cannot bo made to do so, the chances, iu many of these minor courts, of exact justice being done, is rather remote; and the party who can be made to respond to a judemeut for costs will, in all probability, have one to pay. Few jurors are inclined to donate their services to tho meting out of justice when their reward will bo only au assuring conscience that they havo done right, there are notable exceptions to this many of them; but where there is a serious attempt made ou both sides tho result of the case is easily determined, whether tried b3'the justice or the jury, against the party who is liable to pay, either voluntarily or compulsively j rather than against the other, who will in all probability never pay. In a State case, wirh such a jury or justice, a conviction is almost inevitable. The question of pay or no pay is wonderfully potent in determining who shall win. And it will have its weight, despite the declaration to the coutrarv. however upright the deciding person may attempt to be. By this silent bid for corruption, other corruptions are bred. Often, especially in small towns and cities, men of little busi ness capacity, or those of little scrupulous ness, 6eek the office thereby to earn a liveli hood, and when attained, the oihee must be tho means of providing them a living. however it be attained. From step to step they, either wittingly or unwittingly, pro ceed until their offices are means of achiev ing an end rather than measuring out justice. Heavy fines are assessed of which no records are made, m order to secure the amount of the fine for their own pockets. Defendants are assessed the lowest punish ment, when their purses are light, and whatever amount they are able to par is applied to the costs, and if any bo left, then to the line; and if none is . left, they are discharged according to the agreement. The amount of tho fine even of costs bocomes a matter of bargain, between the court and the accused, under the promise of a plea of guilty.' Understandings often exist between the judge of the minor courts and the peace officers, to arrest suspected persons or trump up charges against them, with tho aid of malicious and irresponsible persons, in order to secure lees, ana when ench persons are brought before them to persuade them to enter pleas of guilty, using as a pretext that it will be cheaper than to stand a trial and be convicted. Thus, they become ver itable dens lor black-mailing. In larger cities the minor courts are not open to many, if any, of these charges, but there is a constant solicitation by the presiding officers therein, as there is iu small towns and cities, for business. Can it be said that a judge who solicits business of one, who becomes his patron, is free from bias or favorT It certainly cannot. It is no uncommon thing for these officers to act in the capacity of adviser and attorney to those whose business thev solicit, to the ex tent of advising a suit, upon the facts being laid before them, and drawing up the necessary papers, buch actions arrf highly improper and deleterious to tho administra tion of justice. Some of these minor courts m larger cities swell beyond all propor tions in the amount of business they no. it is said that in Chicago, in the busiuess portion of the city, tho office of justice of tho peace is worth $20,000 a year. The writer has kuown over fifty cases tried and decided by one of the justices of the peace of that city, in one day, m four hours' time. Justices of the peace, and the like, are proverbially iguorantof the law they at tempt to administer; and if anything bej uhu me luvesiigaiiou oi a simple case or, iacisunooscureu oy law questions is ueces sarj-, the result is usually as uncertain as the tossing of a copper for "heads you win. tails you lose.'4 Ninety-nine times out of a hundred it is beyond the possibility of get ting at the law and merits of the case; and in this respect- these courts are practical lallures the3' are not "courts of law," but 'courts of guess." Whether justice is thus perverted winiiiiiy or ignorantly, tne only remedy the injur tl party has is by an ap peal when that is allowed, to a higher tribunal; thus adding cost to litigation and crowding them with matters of trivial importance to the detriment of more serious matters. Not only is the system of indirect bribery extended to these minor courts, but to prosecuting officers. Prosecuting or dis trict attorneys are usually allowed a fee

for every conviction, if tho fee can bo made out of the property of the convicted. Instead of attempting to tind out whether an accused is guilty or not the prosecution often descends into a struggle for a verdict

of guilty regardless of the fact of guilt, .. m . rri prouauiy more so than lew surmise, ine aim often is to secure a conviction, not to punish for crime committed. Lvidence tending to establish innocence has been w ithheld in man v a case by unscrupulous prosecuting officers in-older to gain the case and secure a fte. Understandings, often exist, between these prosecuting officers aud some of the presiding officers in theso minor courts, that .they will be patronized to the exclusion of others if convictions shall be the aim, or reasonable assurances of lindingsof guilty be given. This is a state of a Hairs that cannot be complacently contemplated by an honest man or an npngut pnuue, uu uuo uui creditable to tho government mat. loieraics the system producing it. . No doubt some are asking: "What aro vou iroinir to do about it!" Let the office of justice of the peace, and all minor offices of iuis Kind wnoso mcuinoeuis ucycuu u their fees for their compensation, be abolished: nnd in there place let at least one court, with the same jurisdiction, bo established for each county, and. u reauired bv the nonulation. let there be two or more. Provide a salary for the presiuing o uicers in tnese courts wuicu win uo sufficient to procure men of ability, integrity and learning. If a jury be demanded in them, let the jurors' fee be paid out of the public treasury. In the case of the prosecuting officer, let his salary alone be' his pay, graded according to the population of tho county or district for .which , bo is elected. Let the muia! costs now taxed be taxed the way they are now, and be collected by the officers who now collect them, by process, aUowing -such dfficers, the. fees now allowed. ; Let r ailcosts collected, except witness .and the collecting officer's- fees, be turned into ' the public treasury to reimburse it for the; outlay the State has made in providing these minor courts of justice, - t v If this plan be adopted, costs . rn&y m many instances be.reduced, and". litigation' made less expensive to the litigants. .Cases will be decided upon thteir merits, unbiased by the question of compensation or favoritism, either by or under the direction of. trained judges of executive ability. The guilty will be more liable to be punished, and oppression abolished. The whole tone of the administration of justice in our minor courts will be elevated and purified. Fewer cases will be appealed, the cost of litigation thereby lesened, and tne administration of business in the superior courts bo unhampered by trivial matters. 11. IT. 1I1UU.MV.1. Crawfordsville, Ind., June 28. THE BEEF-INSPECTION LAW. Grounds on Which It Has Been Declared Unconstitutional by Jud?e Johnston. ChlcARO nerald. The last Legislature of tho State of In diana passed an act prohibiting the sale of fresh meat in any of the couuties of the State, unless the animals had been first in spected alive within the county where the meat was to be offered for sale. James B. Harvey, an agent for Swift Sc. Co., was ar rested at Hammond; Ind., last week, aud fined $50 by a local magistrate for selling dressed beef slaughtered in Chicago. He was committed to jail for failing to pay his fine. He was taken before Judge William Johnston, judge of the Porter Circuit Court, on a writ of habeas corpus, where he filed exceptions, putting in argument the constitutionality of tho act under which he was lined. Judge Johnston has given an able and elaborate opinion, in which he holds that the law under which ilarvev was lined is unconstitutional, and he discharged the prisoner. In his opinion Judgo Johnston quotes from many authori ties and cites parallel cases, lie picxs me new law to pieces, taking it up section by section, aud grows facetious as lie quotes the title of the act "ior tne proxecuou oi tho nnblic health." Tho case is the more interesting as it is the first one under tho new law. The gist of Judgo Johnston's opinion is as follows: "If this statute is constitutional and valid, then the relief prayed for cannot bo granted; otherwise, the petitioner is entitled to the benetit of the writ and should be discharged. Courts are loath to interfere aim tihould be very guarded and careiui in rendering any opinion that destroys the effect of au act of the Legislature, but when such act is clearly unconstitutional, they should not hesitate to so pronounce it. "This statute amounts to a prohibition against the introduction into our State, for consumption, of all dressed fresh meats. None other can be marketed in our cities except such as has been inspected alive within tho bounds ot the county and Mate in which the city is situated, or such as farmers within the State may have raised or fed and slaughtered. It is well known that dressed fresh meat has become an important article of commerce, and it is quite extensively shipped from one State to another, as well as into foreign countries. In fact, in verv many of our cities our meat markets are largely supplied with fresh meats snipped ironi adjoining ataies. n is then judged, by the authorities on tne question, an article of interstate commerce. Whenever auy article has begun to move as an article of trade from one State to another, commerce in that commodity be tween the States has begun. "In NVebsters Luabridged Dictionary commerce is defined as the exchange of merchandise on a large scale between different places or communities.' This em braces two distinct ideas: Jrirst, that oi exchange in its largest sense, including barter, the giving of one commodity for another, and' sale, the exchange of an article of property for money, the representative t r 1 1 i .. . i. : .1 ::.: : 1 1 III mi YitlUl-3. 1UU1 IUIS 1 Will be seen that there can be no commerce unaccompanied by exchange or sale. Tho other idea embraced in the definition is that of transportation, for to constitute commerce the exchange must be between different place or communities; and any law that either prevents the transportation or sale of merchandise totally destroys commerce by the exercise of that power alone. Commerce, then, involves the idea of carrying the commodity. intended for exchange to another place where, we may say, the market is to be held and the sale accomplished. Hence, without both trans portation and liberty of sale there can be no interstate commerce. "No power of Congress has been more jealously guarded against than this, and the attempt of different btates in varied forms to evade it in pursuit of some partial and temporary advantage and the uniform and wise ruling of the Supreme Court of the United States against all attempts to evade and avoid this exclusive power of the national legislature are one of the most interesting subjects-of 'federal Jurisprudence. It may, however, be contended t hat the act in question is a proper exercise of the police power of tne State, and as such . ought . to bo upheld. As a police power of the State in its range come very " near tne neid committed by the Constitution to Congress, it is the duty of the courts to guard vigilantly against auy intrusion. What the police power is it is difficult to define with a sharp precision. It is generally said to extend to making regulations. tromotive of domestic order, morals, teal th and safety. It extends to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the' State.. It may also be admitted that the police power of the State justifies the adoption of precautionary measures against social evils under it. A State may legislato to prevent the spiead of crime, or pauperism, or. disturbance of the peace. It may exclude from its limits convicts, paupers, idiots, lunatics,, and persons likely to become a public charge, as well as persous afflicted with dangerous aud infectious diseases, aud would justify the exclusion of property dangerous to the citizens of the State: for example, animals having dangerons and infectious diseases; but. whatever may be the nature and reach of the police power of the State, it cannot be exercised over a subject confined exclusively to Congress by the federal Constitution. It cannot invade tho domain of national government. "It is, then, no answer to the charge that such regulation of commerce by a State is forbidden by the Constitution to say that it falls within the police pow er of the State. For, to whatever class of legislative power it may belong, it is prohibited to the States if granted exclusively to Congress by that instrument." Referring to a case in the Supreme Court, the judge said: "It would hardly be expected that such a court would hold that a State may not restrict traffic in alcohol (v.hich no&sesses no virtues for food or

drink), but mav absolutely prohibit all commerce in fre-h meats. The act of ta Legislature under consideration makes no distinction between the gd and the bad. bnt all alike is indiscriminately condemned. The act provides that all uncurcci meats from every other State the good, the pure, the wholesome, with tho tainted and diseasedshall alike be excluded from the cities of the State. And this, it is said ia the title of the act, is 'for tho protection of the public health.' , The third section of the act provides that nothiug herein contained hall prevent or obstrnct the sale of cured beef or pork known as dried, cmed or canned beef, or smoked or salted pork, or other cured or salted meats.' Note the use of the word prevent' in this section. Its employment hero tends to the conclusion that the Legislature understood the first section had prohibited the sale of uncurcd meats from other States. It was this which, in tho opinion of the law-makers, rendered tho proviso necessary, saving other meats from its operation. By this third section all kinds of meats cured, salted, smoked or dried, no matter how badly the animals from which they were taken were diseased. nor whence thev came, are welcome to admission, and tho market is open and free. Thus pure) dressed fresh beef is excluded, and tainted and diseased canned, salted, smoked and dried meats are invited. It seems apparent that the purpose of the act was to exclude) foreign -dressed meats from the city markets of Indiana, and if such be the case, a consideration of the police powers of tho Stateis unnecessary. Nor canltho legislation, be sustaiued as a mere Inspection law. Tho State of Indiana needs not admit to her markets meat which is unlit for human food, and she may take such steps as are neces

sary to ascertain whether or not n is bj. When she has ascertained that it is non-commercial, she may exclude it: but no ueciarauon, nowever solemn, anu no pietext, however suspicious, will authorize her to exclnde a product which is pure and harmless. It does not provide for the inspection of the commodity for the purpose of 'ascertaining its quality. It proceed upon the theory that all . nncured meat is noxious and injurious to health. It excludes it in advance, and without examination to ascertain its condition. It pronounces judgment without a hearing. All uncured meat is condemned, interdicted, excluded. It has never been regarded as within the le?;itimate scope of the inspection laws to . orbid. trade in respect to any known artide of commerce, irrespective of its condition and quality, merely on account of its intrinsic nature and the injurious conSequences of its use or abuse. .The very meaning of inspection is that there should, be an examination, and not an exclusion without a hearing. The object of inspection laws is to improve the quality of the articles produced by the labor of a country, to lit them for exportation, or it may bo for domestic use. Thev act upon the sub ject before it becomes an article of foreign commerce or of commerce among tho States, and prepare it for that purpose. "Another provision of the Constitution of the United States with which this act appears to come in conflict is Section 2, Articlo 4-The citizeus of each State shall be entitled to all the privileges and immunities of the citizens in the several States. Inasmuch as a resident of the county for example. Lake county is entitled to have his animal inspected at home on his own premises, and the citizen or resident of Portefcounty. Indiana, or of Cook county, Illinois, each adjoiuiug Lake, is obliged to produce his animals for inspection at some point in the latter county, remote from his home nnd his farm, it is an unauthorized and un just discrimination, and obnoxious to tho constitutional privileges above named. "Other reasons might be given and authorities cited, but it is unnecessary further to prolong this opinion. I have no doubt but the sole purpose of the act was to excludo foreign-dressed meat from the city markets of Indiana. Tho aec, therefore, invades tho exclusive right of Congress, conferred ou it by the Constitution, aud is void. The exceptions to the return to the writ are sustained and the petitioner is discharged." ALARMED FOK ITS PARTY. The TLeadlng Organ Says the Democracy Is Entirely Given Over to Plutocracy. New York World. This is a critical season for the Democratic party, and tho course of the party press in the crisis is most discouraging. Aj little while ago it became necessary to elect a chairman of the national Democratic committee. Tho party had a right to expect that a man would be chosen who was in hearty sympathy with the Democratic masses iu their battle with corporate greed and class privilege. They expected a Democrat. 1 here was chosen instead Calvin S. Brice, a Wall-street speculator and millionaire, a manipulator of corporate ati'airs, a railroad jobber, a typical representative of everything to which the Democratic party is opposed, a man whoso every interest and sympathy ought to bo with the plutocracy to which he belongs. And yet the majority of professed Democratic newspapers have greeted this pluto era t's appointment as leader of the Democratic party either with a chuckle of satisfaction or with jaunty indiflerence. Tho theory of the average Democratic expounder seeins to be that with Brice the, party secures the use of a check-book with t which to carry elections, forgetting or not caring that tho carrying of elections with checks instead of ballots is precisely the iniquity which the party ought to bo seeking to strangle tho black cloud of danger which threatens democratic institutions with destruction. The Democratic party is and ought to bo the party of the people. It cannot win by betraying tne people and becoming tho serv: ile agent of plutocracy, which already has its lavonte in the Republican party If it does this foul thing it ought not to aviu, and a betrayed people will not let it win. Democracy will survive in the popular heart while that heart is true, but if the party which wears its name is false it will meet the death it deserves. These are plain truths to be pondered. Kentucky's Greatness. New York Sun. , Within the last ten years Kentucky has been for positive activity the greatest State in the Union, and yet with what result! Twice has she been among the foremost contributors to the defeat of a Democratic candidate for President. The agitation of the Kentucky idea has left her the possessor of an emaciated goddess of star-eyed reform, and nothing else. During that period hcreqnine pride has also been lowered and transferred to other States. The onW monument of gTeatness which can be credited to her at present is the Whisky Trust. A pitiable ehowiug. truly, for a State through which ran one of the rockiest ribs of Democracy! - A Too Officious Chairman. Philadelphia Press. D was unduly officious of . the chairman of the local committee at Fort Wayne. Ind.. to refuse to receive and forward to tho Johnstown relief fund a sum of money which had been raised at a picnic whero beer had been sold. It was not only officious, but insulting. Tho bame hypercritical policy would have prevented the chairman from receiving contributions. offered by the proprietor of a saloon or by his haikeepers. That chairman needs charity moro -than Johnstown does. ... A Drive at the Miners. Terre Ilsute Kxpretts. If the Clay conuty operators cannot afford to pay living wares to their miners thevoueht to jro out of the coal business. lnd!auapdU Sentinel. Now we are getting down to thebard-pan. pnrposo of this malicious effort to mako trouble in the coal regions where" the De mocrac3 fell short of its expected vote last fall. Satisfactory All Around. Cioluntl Enquirer. Does everyone remember the. intense indignation iu Charleston. S. C, over the murder of editor I)auii? Ah! v.vll the jury yesterday acquitted his murderer Thus everything is made natisfactory. Tho indignation was quite pleasing to tho who loved Dawson, and the acquittal is eminently satisfactory to the man who killed him. m t AVill Have to Device a New Srheone. Pittsburg Chronicle. Indiana's law airainst tho sale iu that State of Chicago dressed beef has been declared unconstitutional. The butchers will havo to think up fcouio new scbenio to head off competition. A Tribute to the Kindergarten. Los AnKtles Tribune All honor to the pitient, forbearing af. fectionate, persevering teachers or our kindergartens. Let them have the lnlb st public confidence and private rympjtjl' and helnfulne&ii. v uwr