Tuesday, February 18, 2014

GROVER CLEVELAND, THE DRAFT DODGER


Grover Cleveland
The Cortland News, Friday, March 11, 1887.

THE CAR HEATING PROBLEM.

   The railroad commission in response to the resolution introduced by Senator Fassett, has made a report, or rather two reports to the legislature upon the subject of safe car-heating [see link below--CC editor]. Commissioners Kernan and Rogers present a majority report and Commissioner O'Donnell a minority report.

   The majority report is quite lengthy and much of the wordiness impresses the reader as used in an attempt to say nothing that will conflict with any interest that may be involved and to throw the responsibility for anything that may be done upon the legislature. For instance, they are very severe upon the practice of using stoves in cars unless the stoves shall be guarded with strong wire netting or other contrivance to prevent the scattering of coals! That causes a smile upon the face of every railroad conductor who reads it. They consider the plan of heating from the locomotive by steam and give all the objections that are made against it although these objections have been met and satisfactorily answered by practical railway men. The two commissioners evidently believe that the stove or furnace can be made to do the work in some way.

   This report also says in respect of lighting, that "there appears no trustworthy evidence that the present method of lighting cars with mineral sperm oil of 300 degrees test is dangerous. In case of collision or sudden shock the lamps are almost certain to go out." The method of storing gas the commissioners treat rather cautiously, and intimate that in case of the bursting of a reservoir at the time of a collision a highly inflammable material would be let loose. Then the report closes with the suggestion of the following act:—

   AN ACT to increase the safety and security of life upon steam railroads.

   The People of the State of New York, represented in the Senate and Assembly do enact as follows:

   SECTION 1. After January 1, 1888, no passenger car in use upon a steam railroad of this State shall be heated by a stove or heater, attached to the inside or outside of a car, which is not so constructed and guarded as to prevent the car from catching fire therefrom under any circumstances.

   § 2. After the passage of this act no oil shall be used for lighting any passenger car in use upon a railroad of this State of less than three hundred degrees fire test.

   § 3. After November 1, 1887, floor systems shall be maintained upon every steam railroad bridge, trestle or cattle guard so constructed as to support a derailed locomotive or car, with guard rails or timbers so constructed as to guide the wheels in case of derailment; and guardrails shall be maintained upon the approaches of all bridges and trestles so constructed as to guide the wheels in case of derailment.

   § 4. After November 1, 1887, guard posts shall be placed in the prolongation of the line of bridge trusses so that in case of derailment the posts and not the bridge trusses shall receive the blow of the derailed locomotive or car.

   § 5. Any person or corporation violating any of the previsions of this act shall be liable to a penalty of $1,000 and to the further penalty of $100 for each and every day during which such a violation shall continue.

   § 6. Upon the application of any railroad covered by the provisions of this act, the board of railroad commissioners may approve of any proposed safeguard or device to be used under the provisions of this act, and thereafter the railroad using such safeguards or devices so approved shall not be liable to any of the penalties prescribed by this act for a violation thereof in regard to any such safeguard or device,

   § 7. This act shall take effect immediately.

   Commissioner O'Donnell in his minority report takes hold of the subject as though he was not afraid of burning his fingers or of the criticism of railroad companies. He says the cars should be relieved of the dangers now under consideration, and in order to do that laws should be passed which will prohibit the use of kerosene oil or other inflammable oils for lighting purposes and prohibit the use of stoves or furnaces in the heating of passenger cars, except in cases of emergency. That sounds like business.



PAGE TWO.

   It is well known fact of history that Grover Cleveland was drafted early in the war to serve in the Union army. It was the draft which allowed the men to purchase their exemption by paying the government $300 or hiring substitutes. There were at the time a number of persons serving out terms for petty offences in the Buffalo workhouse who were willing to go out as substitutes to escape the completion of their terms. One of those was hired by Mr. Cleveland, who paid him the generous sum of $40, a bargain which left $260 in his own pocket.

   During the debate on the dependent pension bill in the House the fact was brought to light that this substitute served out his term of enlistment, and is now the inmate of a charitable institution in Erie county. Mr. Cleveland undoubtedly considers a transfer from the workhouse to the poorhouse a sufficient promotion for the man who took his place in the army. This should not be allowed to reflect upon his patriotism. He has strong reasons of his own for remembering the poorhouse with gratitude— Coxsackie News.



   Daniel Monihan, of Binghamton, who on May 9, shot five times and killed Patrick Garvey, whom he thought unduly intimate with Mrs. Monihan, was Saturday, after five days' trial, acquitted. The jury retired at 7 p. m., Friday, and were ordered by Judge Smith to deliberate over night. The first ballot stood nine for acquittal and three for manslaughter in the second degree. The second was twelve for acquittal, the jury subscribing to the form of verdict required by law, declaring that they did not know the accused to have been sane at the time he committed the act.

   One of the jurymen afterward in conversation said: "Neither did we find proof of Monihan's insanity from the evidence. We acquitted Monihan on the ground that the killing of Garvey was a military necessity. To illustrate— in time of war Congress may violate the Constitution on the ground of military necessity. In this case Monihan knew that villain was ruining his family. Garvey persisted in his acts after repeated warning. Had he attempted Monihan's life, the latter would have been justified in killing him. He was despoiling Monihan of that which was dearer than life, family honor and domestic peace. Monihan slew him and violated the law, but justly. We acquitted him of murder even though he killed the man."





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