Rensselaer Republican, Volume 25, Number 5, Rensselaer, Jasper County, 29 September 1892 — TOPICS OF THESE HUES. [ARTICLE]

TOPICS OF THESE HUES.

Tndianapoli* Journal. Tho Sentinel is trying to manufacture popular opinion against the irerrymander suit by claiming that, if the apportioument acte of 1881 and 1885 are held unconstitutional, it will invalidate all the acts of the twa Legislatures elected under them. The Joiirn&l showed that there is nothing whatever in this claim, because the persons thus elocte l were de facto members of the Legislature, and it is well szttled law that the official acts of de facto public officers are valid and binding. To this the Sentinel replies that, as the offices of State Senators and Representative are created by the apportionment act, they will cease to*exist if that act is set aside, and there cannot bo a de fa;to incumbent of an cilice, that does not exist. In support of this position it quotes from a decision of the United States Supremo Court, in tho case of Norton vs Shelby, 118 U. S., 425. to the effect that there can be no such thing as a de facto officer except where the office which he claims to fill legally exists; in other words, there cannot be a de facto official without a de jure ofofflee. That is undoubtedly good law, but it does not apply to the case in hand. In the case of Norton vs. Shelby the question before the court involved the validity of the acts of certain persons claiming to be Commissioners of Shelby county, Tennessee. That is an office created by an act of the Legislature; and the court held that as the law creating the office was invalid the office did not exist and therp could be no de facto incumbent of it. That is true as to a statutory office, but the offices of Senator and Representatives are not statutory offices. They are created by the Constitution, which ffoes the number of members iu each body, prescribes their term of office, their qualifications, etc. It a’so prescribes how these offices shall bo filled. The apportionment law does not in any sense create the offices of Senator and Representative. It Simply apportions or districts the State for the election of persons to fill those offices. If the apportionment law creates the offices it would pe competent for the Legislature to increase the number of either house nr change the qualifications of members, If they are statutory offices it would be competent for the Legislature to say that a Senator or Representative need not have resided in the State more than ono year before his election, or that a Senator need not be more than twenty-one years old. But the Legislature cannot do this, nor touch the offices in any way. It can only apportion the State for the election of persons to fill them, and that apportionment must be in. conformity with the constitutional requirement. The decision of the United States Supreme Court in Norton vs. Shelby County applies only to statutory offices, and does not touch tho case in hand. The cla m the the holding the apportionment act unconstitutional would invalidate, the act 3 of the Legislature elected under it is* intended to alarm the people by creating the impression that the suit involves revolutionary consequences. It cannot be intended to affect the court, because the Sentinel knows, or could easily learn if it wished to be informed on the subject, that there is nothing whatever in the claim. Noboby need have any fears. There is no danger of chaos. All (hat is necessary is to ;obev tho law as it shall bo expounded by the. Supreme Court of the State, which, in tbfs case, will be thecourt of last resort. The chum that ade ision against the gerrymander would invalidate the acts of the Legislature elected under it is absurd.

FOREIGN TESTIMONY AS TO THE M'KINLBY TARIFF. Indianapolis Journal. It is a noteworthy fact that while free trade papers and orators in this country are trying to convince the people that the McKinley law is a dreadful fai'ure and is ruining the business of the country, foreign papers are reluctant y admitting tout it is operating all too advantageously in favor of American interests, tf’rom the way they talk they would give a good deal if the assertions of American free traders were true. Thus the London Morning Post, of Aug. 20, says: On Saturday several additional proprietors connected with the Welsh tin plate trade closed their works, in consequence of the depression in tho British trade caused by tho operations of the McKinley tariff f act. The mills are stopped at about sixtyfour tin plate works in South Wa es, and it is estimated that upward of ten thousand workmen are thrown out of employment. A large number of operatives with their families, sailed on Saturday for the United States, where new mills are now being erected by Welsh proprietors. It is cruel for an English paper to blurt out the truth like this. The statement of the Post, which, by tho way, is a leading paper in London, virtually gives the lie to all tho assertions of American free traders in regard to tho growth and prospects of the tin.plate industry in this country. It is a candid admission from an unfriendly witness that the McKinley law is working strongly in favor of American interests. Further testimony of the same kind appears in nn editorial in the South District Advertiser, published at Manchester, England. After referring to the evidence that the McKinley law, so far from injuring, has actually benefitted this couutry, the Advertiser says, “ But, while America is Improved rathor than impoverished, the McKinley tariff has told most disastrously on some of our m&aufacturlng industries. ” It then describes the rapid decline of the alpaca trade in England. It says: Il!"l .... 1.-V y ll !l 1 1I' I,U. I.lk .11

der the protection of that tariff moreover, factories have been established which are already producing tho goods nearly, if not quite, as cheaply as they* can be produced here.Here is another sad admission that tho McKinley law is working in favor of American interests. And so it U alt atong tho line. While American free traders are wildly vociferating that the McKinley law is ruining the country. English editors and manufacturers are frankly admitting that it is damaging British and building up American trade. In the bottom of their hearts they must have great contempt for American free traders, who aro showing themselves either utterly ignorant of the operation of tho law or viciously opposed to American intorcsts.

COOD THINGS BY HARDISON. A r«no Panag* from Hl* Sporchca for Every Day in tho Week, “It Would have'been a climax of disaster for the world if this government of the people had perished. The one unsolved experiment of frOo government bas boe& solved. Wo have demonstrated the capacity of the people and a citizen soldiery to maintain inviolate the unity of the Republic. ’’—Benjamin Harrison. 44 It was one of the great triumphs of the war—a particular in which our war was distinguished from all other wars of history—that we brought the vanquished into the same full, equal citizenship under the law that we maintain for ourselves.” —Benjamin Harrison.

“We are not attracted by the sug gestion that we should surrender to foreign producers the best market in the world. Our 60,00 J,OOO people are the best buyers in the world,and they are such becausrmn- working classes receive the best wages. But ve do not mean to be content with our own market. We should seek to promote closer and more friendly commercial relations with the Central and South Americau States. ” Benjamin Harrison, 1888. “We do not desire to dominate these neighboring governments; we do not desire to deal with them in any spirit of aggression. Wo desire those friendly, political, monfcal and commercial relations which shall promote their interests equally with ours. We should not longer forego those commercial relations and advantages which our geographical re- j lations suggest and make so desirable. ” —Benjamin Harrison, 1888. “And now peace has come; no hand is lifted against the flog ; the Constitution is again supreme and the nation one. My countrymen, it is no time now to use an apothecary’s scale to weigh the rewards of the men who saved the country. ’'--Benjamin Harrison. 44 It is one of the best elements of our strength as a State that our farm lands ai’e so largely possessed in small tracts, and are tilled by the men who own them. It is one of the best evidences of the prosperity of our cities that so large a proportion of the men who work are covered by their own roof trees. If we would perpetuate this condition wo must maintain the American seale of wages. Ben atnin Harrison. “The laboring men of this land may safely trust every just reform in which they are interested to public discussion, and to the logic of reason ; they may surely hope, upon these lines which are o pen to you by the ballot box, to accomplish under our American institutions all those right things you have conceived as necessary to your highest suocess and well being. Do not allow yourselves to doubt for one moment the friendly sentiment of the great masses” of our people. Make your appeal wisely and calmly and boldly for every reform you desire, to that sentiment of justice which usrvades our American publlo. ’’ —Benjamin Harrison.