Sunday, February 14, 2021

COL. ROOSEVELT'S TAXES AND A BIG VERDICT

 
Col. Theodore Roosevelt.


Cortland Semi-Weekly Standard, Tuesday, November 1, 1898.

PAGE FOUR—EDITORIALS.

Col. Roosevelt’s Taxes.

   There are still a few Democratic papers which continue to talk about Col. Roosevelt’s eligibility, and assert that even if that be established, he tried to dodge his taxes. The record does not show anything of the kind, but on the contrary everything that he did was in the highest degree creditable, and entitles him to honor rather than reproach. In August, 1897, he presented an affidavit to the authorities of Oyster Bay, in which he stated that his residence was in New York, and therefore he was not liable to assessment for personal property in that town. This affidavit is being paraded as if it were in some way inconsistent with the one made this year, declaring that he did not reside in New York City. The fact that one was made in 1897 and the other in 1898 seems to have been left out of account by those who pretend to take this view. In August, 1897, Mr.Roosevelt was a resident of New York City. He had for about two years held the office of police commissioner, which made his legal residence there obligatory and the fact notorious, but in October of the same year he gave up his house in New York and returned to Oyster Bay, as the place of his legal residence, though he himself went to Washington as assistant secretary of the navy. Both affidavits state the simple facts, and nothing more.

   Bear in mind that they refer only to assessment for personal property. Col. Roosevelt has been assessed every year in Oyster Bay for his real estate, and has paid the taxes there, but the law requires that every person shall be assessed for personal property in the place where he resides and nowhere else. He was not liable to taxes for personal property in Oyster Bay in 1897, because he was then living and taxable in New York, and for a similar reason he was not liable to taxation in New York in 1898, because he then lived and was taxable in Oyster Bay.

   In a letter to his cousin, Emlen Roosevelt, on the 20th of January last, when he was notified of the New York assessment, he writes: “Will I have to pay that personal tax, if I am not a resident of New York? I now vote in Oyster Bay and pay my personal taxes there.”

   The same day he also wrote to Mr. Douglas Robinson, his agent: ”The department of taxes and assessments has notified me that I must pay $50,000 personal tax in New York. I live at Oyster Bay, where I vote and pay my personal tax. Is there any way that it would be possible to have this attended to for me before the department of taxes and assessments, or must I appear myself? Could they collect it if I refused to pay it?”

   In reply to these questions his lawyer in New York prepared an affidavit and sent it to him, but in this affidavit he speaks of his actual residence in Washington as assistant secretary of the navy, instead of the legal residence in Oyster Bay. This Col. Roosevelt swore to and sent back, and upon this fact alone rests all the talk of eligibility. The provision of the constitution that “no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States,” disposes of that matter completely.

   There was nothing in the shape of tax dodging in either case, or anywhere. Col. Roosevelt w as ready to pay his taxes, and did pay them in New York when he lived in New York and in Oyster Bay when he lived in Oyster Bay. Not only so, but he was ready to pay and has paid that for which he was not legally liable, rather than have any question as to his right of citizenship. Immediately after returning the affidavit it evidently occurred to him that, as he was about to enter the army, and would be out of the country an indefinite time, there might arise some question as to his legal residence, and on the 25th of March he wrote to Mr. John E. Roosevelt, his cousin:

   ”I do not want to lose my vote this fall, and therefore I will just pay the penalty and pay those taxes in New York. Is it practical to alter matters so as to have me taxed at Oyster Bay? Would this be practical or not? If not, then I will pay in New York anyway. I do not want to seem to sneak out of anything, nor do I wish to lose my vote two years in succession.”

   That was characteristic of Roosevelt. He never wants to sneak out of anything. Three days later he wrote to Mr. Robinson, his agent: “I have written John that I will just pay my taxes in New York City. I do not want to lose my residence in the state this year. I shall be horribly over my income anyway, and I shall have to grin and bear it.”

   The previous year he had lost his vote by removing from New York to Oyster Bay in October, which was less than four months before election, and he was especially anxious not to lose it this year. He “was horribly over his income” because this was after war was inevitable and he was spending that income to raise the troop of cavalry with which he fought. He was straining every nerve to get the navy ready for the impending conflict and at the same time to recruit his regiment to answer the call for volunteers. He gave little thought to such matters as taxes, and the idea that what he wrote or what he did might be of political consequence never entered his head. His only thought was that when Election day came, whether it should find him in the field or returned from the war, no such trifling matter as a few dollars of taxes should raise a possible question as to his right to vote. His orders to his agent were to get him taxed if possible at the right place—at Oyster Bay where he lived; but if he couldn’t be taxed in the right place still to pay wherever they were imposed. Is there any tax dodging about that?

   Shortly afterward he left Washington and went into the field to fight for his country at Santiago. He supposed that in accordance with these instructions the affidavit would be withheld and the taxes paid. The taxes were not changed to Queens county, because Mr. James A. Roosevelt, his uncle, who should have attended to it, was taken sick and died in July within a few days of the time the change should have been made. The taxes were not paid because they could not be paid in New York City until the first Monday of October, but Col. Roosevelt did not know that they were unpaid until his return from Santiago. In the meantime his attorney, in order to prevent being taxed twice, had filed the affidavit and applied for a writ of certiorari. There the matter rested until Col. Roosevelt returned, when he immediately directed the proceeding to be withdrawn.

   Then a very singular thing occurred. A writ of certiorari is a proceeding for the purpose of bringing the acts of an official body, such as the assessors, before a court for review. It is always obtained and the proceedings under it prosecuted by the party who deems himself aggrieved. We do not believe there is another case on record where the body to whom the writ is addressed has taken the initiative in such proceedings, but in this case the Democratic attorneys for the assessors not only did that, but they violated the rules of the court by getting the case preferred on the calendar without notice to Col. Roosevelt’s attorney, and therefore without his knowledge or consent, and when at Col. Roosevelt’s direction he proposed to discontinue the proceedings they objected. They, or somebody else behind them, had made the discovery that a quibble could be raised that might prevent his nomination, or that might possibly be used to prejudice some voters against him in case he was nominated, and they seem to have been ready to force a decision against their own clients for that purpose. Happily the courts of this state have not yet been sufficiently debauched to be capable of such use, and their objection was overruled. The taxes were paid on the first day when the office of the receiver of taxes was open to receive payment of the taxes of 1898.

   That is the story, and the whole of it. If there is any person in the state of New York who can find in it anything discreditable to Theodore Roosevelt, or anything inconsistent with the most honorable motive or the most conscientious performance of duty, he must have very singular notions of honor and of duty.

 

A BIG VERDICT.

Rev. Jas. W. Putman Gets $10,000 from The World for Libel.

   Thursday afternoon the jury in the suit brought by Rev. Jas. W. Putman, formerly pastor of the First Baptist church in this village, against the Press Publishing Co., publishers of the New York World, for libel after being out only forty minutes, brought in a verdict in favor of the plaintiff for $10,000 and costs, which will aggregate some $2,000 more. The libels complained of were specially flagrant, and the attempt to prove their truth was so barren in its results that it seems to have aggravated the original offense in the eyes of the jury. The World had attacked Mr. Putnam’s character, charged that he had been driven out of the churches where he had preached, and made various other charges seriously detrimental to his reputation and standing as a clergyman.

   Quite a number of Cortland people were subpoenaed in behalf of The World, including Rev. G. H. Brigham, Jas. S. Squires, Prof. E. C. Cleaves and J. D. Keeler. Testimony of Mr. E. A. Fish was taken by commission for the defendant, but the testimony given by these witnesses was more damaging than helpful to The World’s case. Messrs. C. F. Brown, Frank H. Cobb, John J. Viele, S. M. Ballard and Wm. H. Clark were summoned among the witnesses for the plaintiff, but all of them were not called on to testify. Rev. Dr. Henry M. Sanders and Rev. Dr. McArthur of New York City were called as witnesses for Mr. Putnam , along with officials of Mr. Putnam’s former Philadelphia church. Mr. Putnam’s case was a very strong one and it is not at all strange that a $10,000 verdict was rendered.

   The World’s article grew out of the controversy between Mr. Putnam and Rev. Dr. Potter, who has since been found guilty of gross immorality and his church disfellowshiped [sic].

   Mr. Putnam’s many Cortland friends will congratulate him on the successful termination of his suit.

   Mr. Franklin Pierce, formerly of Homer, was Mr. Putnam’s attorney and counsel in his suit against The World and tried the case. The verdict is a triumph for Mr. Pierce as well as Mr. Putnam.

 
William McKinley.

THANKSGIVING PROCLAMATION.

President McKinley Sets Apart Thursday, Nov. 24, as the Day.

   Washington, Oct. 28.—The president to-day issued his Thanksgiving proclamation. In it he refers to the abundant harvests, to the speedy conclusion of the Spanish war, to the increase of trade and commerce and the strengthening of the public credit and says, “I therefore invite all my fellow citizens as well those at home and those who may be at sea or sojourning in foreign lands to set apart and observe Thursday, the 24th day of November, as a day of national thanksgiving, to come together in their several places of worship for the service of praise and thanks to Almighty God for all the blessings of the year.

   For the mildness of the seasons and the fruitfulness of the soil, for the continued prosperity of the people, for the devotion and valor of our countrymen, for the glory of our victory and the hope of a righteous peace, we may all pray that the divine guidance which has brought us heretofore to safety and honor, may be graciously continued in the year to come.

 

NO SMALLPOX IN CORTLAND.

Alleged Patient Has Been Treated for Eczema for Four Years.

   With cases of alleged smallpox as near as at McLean people in Cortland are naturally a little nervous fearing that the disease may spread, and every slight rumor or report is magnified a hundredfold. A report was in circulation Thursday night that there were forty cases of smallpox in Cortland, and that all were under the care of one physician. Investigation of the report quickly reduced the number to a single case and that one case did not prove to be smallpox at all, but a case of eczema for which the patient had been treated for four years. This one alleged smallpox victim is Mr. J. H. Gunn of Groton-ave. who on Oct. 11 moved to Cortland from McLean. Mr. Gunn is now in precisely the same condition that he has been in for the past four years, during all of which time he has been under the care of the same Cortland physician as at present. The fact that he recently came from McLean and that his face shows the effects of eczema probably set the smallpox report in circulation. No one need now be afraid of his giving them the smallpox even if he did come from McLean, for the period of incubation of that disease is from twelve to fourteen days, and Mr. Gunn has now been away from McLean seventeen days and no smallpox symptoms have yet appeared, so that even if he had been exposed to it just before leaving, which he was not, he could not give it now.

   But there is still a very serious question as to whether it is smallpox at all in McLean. The McLean physicians who have the cases in charge, insist that it is not. The representative of the state board of health who first pronounced it smallpox is said by the McLean people to have given the cases a very superficial examination. The smallpox expert who afterward went there and verified the first diagnosis acknowledged to two physicians here in Cortland county that he did not go close to the one patient whom he visited because he did not want to take the disease himself, but he simply looked at him for a few moments from the other side of a room. A Cortland physician who has had considerable experience with smallpox cases in the past says he would not attempt to pronounce a case smallpox from a momentary examination from across the room, in fact he would not think he could tell from such an examination whether it was smallpox or chickenpox or measles or impetigo contagiosa. The two Cortland physicians who represented the town and village board of health on a visit to McLean a week ago were not positive that it was smallpox, though they said some of the symptoms looked like it. But there is one thing that all the physicians are agreed upon—there is no odor of any kind proceeding from this disease. In all previous cases of smallpox the strong odor has always been considered an essential feature of that disease.

   But even if the disease should finally prove to be impetigo contagiosa it is contagious and people should be careful about taking it or getting in the way of it. But while impetigo contagiosa is a disagreeable kind of a disease no cases have ever been reported that were known to be fatal. One merely has to suffer the annoyance of the eruption. But the cases so far, whatever they are, have been well quarantined and there seems to be little likelihood of their spreading.

   Acting under the advice of the state board of health Dr. Cheney has forbidden any students of the Normal who live in McLean, Dryden, DeRuyter or any of the infected districts or the towns adjacent to them from going home while this quarantine exists, or has forbidden them from returning to the school in case they should go home for any reason. He has also forbidden them to receive letters or packages of any kind from home or anything else by which contagion could be carried and spread.

   People will of course be watchful because they do not want to catch this disease, be it smallpox or something else, but there seems to be no occasion for alarm. The physicians are watchful and are prepared to see that all precautions are taken which they think necessary.

 
Henry T. Dana, M. D.

Operation at the Hospital.

   Mr. James E. Tanner of the firm of Warren, Tanner & Co. is one of the patients at the hospital, where on Friday he underwent an operation for the removal of dermoid tumors. The operation was performed by Dr. Dana, assisted by Drs. Higgins and Reese, and was entirely successful. Mr. Tanner is doing very nicely, and in the course of a week or so will probably be at his accustomed place in the store.

 

Hand Caught in a Press.

   Mrs. Maria Hollister Saturday received a letter from her son, Bert C. Hollister, the pressman on the Gloversville Gazette, saying that his right hand had been caught in the press and badly smashed. He gave no particulars of the accident, but wrote that he expected to save the hand though one finger will probably be stiff. Mr. Hollister was for a long time a pressman in the Standard office and all of his old associates and friends here will be sorry to learn of his accident.

 

ABOUT OLD MILK CANS.

Considerable Trouble and Annoyance Caused Some Farmers.

   A few old worthless worn out milk cans may be the means of robbing some of the farmers of Cortland county of some of their milk dividends. At any rate, considerable trouble and annoyance is said to be in store for some who have them in their possession.

   Each proprietor of a milk station from which milk is shipped to New York, owns a large number of forty-quart shipping cans, and these cans of course bear the name or initials of the owner, so that they can be returned on the proper route. The rough handling of these cans batters and bruises them, and causes them to leak in time. Of course they are worthless for shipping purposes, and they often find their way into the possession of the farmers who make some sort of use of them.

   In July a stranger who claimed to be a state inspector visited the premises of a number of farmers in the vicinity of Little York and Preble, and wherever he discovered one of these cans, informed the farmer that he was subject to a fine of $50, under a law of 1896, the possession of the cans with the mark or name of another on them being claimed a misdemeanor. A few days ago, several of those farmers, were served with summonses and complaints in an action, brought by one Sidney Bull of Orange county. The farmers expect to fight the matter, and have placed their interests in the hands of Attorneys Kellogg & Van Hoesen.

 

Pomeroy—Dewey.

   Mr. Hugh D. Pomoroy of Otisco and Miss Lena R. Dewey of Tully were united in marriage on Thursday afternoon, Oct. 27, in Syracuse by Rev. O. N. Frink. After a week’s sojourn in Buffalo and Toronto, Can., Mr. and Mrs. Pomeroy will be at home at the Hotel Pomeroy, Otisco. Mrs. Pomeroy is one of the most popular young ladies of Tully. She was for several years the very capable correspondent of The Standard from that place and she has our most sincere best wishes.

 

TRUMAN—MALONE.

Cortland Young Man and Ithaca Young Lady Married at Groton.

   The Groton Journal says: A very pretty autumnal wedding took place at the Baptist parsonage Tuesday afternoon. The contracting parties were Mr. I. DeVere Truman of Cortland, and Miss Lucy E. Malone of Ithaca. Mr. Truman is a well-known and popular young machinist of Cortland, whose affable manners have won for him a large social following.

   Miss Malone is a graduate of the Ithaca schools and is an estimable young lady of the social circles of the city.

   The wedding pair were accompanied by C. P. Butler and Miss Iva Truman, of Cortland. At the conclusion of the ceremony, which was performed by Rev. D. E. Croft, the party left for Cortland where they started on the afternoon train for an extended wedding tour.

   Mr. and Mrs. Truman were the recipients of many elegant gifts in silver and crystal. They will make Cortland their future place of residence.

 

Ithaca Band Coming.

   Leader Conway of the Ithaca band said to a Standard man the other day that he was making arrangements for a week’s trip with the band at some time during the coming winter. A number of places had promised enthusiastic support if it would come for a concert and the band was hard at work upon a special program of extra fine music for the occasion. Cortland was one of the places he wished to include in his trip. Geneva, Auburn and Binghamton were three other places. Cortland will undoubtedly furnish a large audience for this band if the promised visit materializes and it is safe to say that every one will be well pleased for the band is playing magnificently now.

 

Origin of Ice Cream.

   Ice cream or iced “butter,” as it was first called from its supposed resemblance to that substance, was first known in Paris in 1774, according to Harper’s Bazaar. The Due de Chartres often went at that time to the Paris coffee houses to drink a glass of iced liquor, and the landlord having one day presented him with his “arms” formed in edible ice, this kind of sweetmeat became the fashion. German cooks at once took up the new art, and it spread to England and America shortly afterwards.

 



BREVITIES.

   —The Cortland Beef Co. is building a large addition upon its icehouse near the D., L. & W. station.

   —Mrs. L. S. Watkins had an exhibit of hand-painted china at L. D. Neill’s art store at Ithaca Saturday.

   —There are thirty-six artesian wells in Locke varying from 127 to 208 feet deep.—Moravia Register.

   —The Windsor hotel in Homer was on fire Thursday night. An account of it appears in the Homer letter to-day.

   —Thanksgiving, Thursday, Nov. 24, comes the earliest it can and election, Nov. 8, the latest it can, only two weeks and two days between them.

   —An exchange says: “Wheat will not average twenty bushels to the acre in Cayuga county. The straw was thick but the heads were small and the berry shrunken.”

   —The Empire State Cycle Co. of Oneonta has just closed a contract to build 3,500 wheels this coming season for the Eclipse Bicycle Co. of Elmira. It also has an option on 1,500 more wheels if it needs them.

   —The remains of Lawrence W. DeZeng, who died in McGrawville Tuesday, were brought to Cortland Friday and taken north on the 9:48 D , L. & W. train to Syracuse and from there to Redwood, Jefferson county, for burial.

   —The engine of the local freight on the D., L. & W. left the rails at Rock Cut switch Saturday, making the train late in reaching Cortland. No damage of any kind was reported, the engine only leaving the rails and resting on the ties.

   —Dr. McVey will never have a good opinion of Elmira again. He attended a meeting of the Presbyterian synod held in that city recently and some one purloined his new silk hat, compelling him to go to his hotel bareheaded.—Binghamton Herald.

   —Oneonta is taking steps to raise a fund to provide a special and exceedingly elaborate Thanksgiving dinner for the company of the First regiment, New York Volunteers, which was raised in that place and which is now stationed at Honolulu.

   —Two bulldogs fought savagely yesterday afternoon near the postoffice for five or ten minutes; but they speedily lost their taste for gore when a clerk from Haskin’s drug store held an ammonia-saturated chamois skin under their noses.—Ithaca Journal.

   —The Ladies’ Guild of Grace Episcopal church was liberally patronized at the chicken pie supper served at the home of Mr. and Mrs. Delos Bauder on Lincoln-ave. Thursday evening. As usual on occasions when this society serves supper there was plenty to eat, and it was of the finest quality.

   —Rev. N. S. Burd, for six years and two months pastor of the Baptist church at McGrawville, presented his resignation Sunday morning to take effect at the end of November. He has accepted a call from the Baptist church at Nunda, N. Y., and will preach in that place the first Sunday in December.

   —Mrs. H. E. Pulford received a present Thursday from her nephew, Hon. O. U. Kellogg of Cortland, of a handsome thoroughbred Holstein bull calf, three weeks old. Its cash value is $100. Judge Kellogg, whose blooded stock is famous throughout the state, paid $500 for his sire.—DeRuyter Gleaner.

 


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