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| William Howard Taft. |
Cortland Evening Standard, Tuesday, February 13, 1900.
ARGUMENTS HEARD.
Judge Taft Hears Kentucky Election Troubles.
WILL GIVE DECISION TOMORROW.
Former Governor Bradley Made a Plain Statement of the Ground Upon Which the Action of the Court Is Invoked—Lawyer Maxwell Argues For Defense.
CINCINNATI, Feb. 13.—In the United States circuit court of appeals Judge W. H. Taft heard arguments yesterday afternoon for over three hours on the applications for injunctions against the Kentucky state board of election commissioners and the contestants for the state offices other than governor and lieutenant governor.
The Republican state officers were present, but the only one of the defendants in attendance was Judge Poyntz of the state board.
Former Governor Bradley made a plain statement of the ground upon which the action of the court is invoked. After reciting the provisions by which the state board of elections is converted into a board of contest, he declared that they were entirely repugnant to the republican form of government, which provides for three distinct departments. He asserted that this board of contest had been made a judicial body by the Goebel law.
At this point Judge Taft inquired whether the Goebel law had been passed upon by the court of appeals. Governor Bradley replied that it had, but his contention was that nevertheless in case he could show the law to be in contravention of the federal constitution, then this court could be invoked.
Judge Taft replied that a decision of the state court on the constitutionality of the law did not necessarily prevent jurisdiction by the United States court of appeals, where a proper case could be shown. Governor Bradley then went to show in what respect the Goebel law deprives citizens of their rights.
Going into the argument for the jurisdiction of this court, he said that this action had its basis in the provision of the 14th amendment of the constitution of the United States. He quoted Justice Harlan as saying that a state may not disregard by any of its agents the provisions of this section by taking life, liberty or property without due process of law.
Judge Taft here created a diversion by asking if the right to vote was granted by the 14th amendment to women. Mr. Bradley admitted that, while women had not the right to vote, it was nevertheless true that authorized electors are entitled to protection by the federal courts against any state agent which undertakes to nullify that vote.
DEFENDANTS' CONTENTIONS.
Lawyer Maxwell Claims Court Has No Jurisdiction in Case.
Lawrence Maxwell, Jr., on behalf of the defendants, made a brief argument on the "two propositions that this court had no jurisdiction because the petitions do not present a case of equity and do not fall under the provisions of the 14th amendment of the United States constitution. The situation was one in which the position of these complainants is in course of settlement by a state tribunal. Contest proceedings in their cases are pending. This condition presents none of the features of an equity case. He claimed there was no ground whatever for federal interference.
Referring to the claim under the 14th amendment he said the right to hold an office in the state of Kentucky was not one of the rights guaranteed by that amendment. He ridiculed the position of the plaintiffs who, while still in the process of ascertaining whether or not they had been elected, proposed to throw aside the provisions of the state law and asked the power of this court on their behalf.
J. A. Scott for the defendants made the point that the court could not interfere to prevent the future action of the board of contest. He argued against the jurisdiction of this court, saying he thought the rule to be followed should rather be miserly than covetous in taking jurisdiction.
Governor Bradley, in his closing argument, insisted that the contest board being made into a court was repugnant to the constitution of Kentucky, which specifies what courts shall be created. The attempt to confer judicial authority on this board deprived these plaintiffs of their rights and gives this court jurisdiction.
In reply to a question by the court, Governor Bradley said he did claim that these offices were [property]. He again called attention to the fact that the board of contest has already expressed opinions concerning their future action. He closed by the declaration that there was no remedy in the state courts and that equity has jurisdiction where common law fails and even when equity can better redress the injury than can the common law.
After the conclusions of the arguments Judge Taft advised counsel that he would announce his decision so far as the court has jurisdiction in the case are concerned at 2 p. m., tomorrow.
SITUATION IN KENTUCKY.
All Will Probably Remain Quiet Until Courts Decide.
LOUISVILLE, Feb. 13.-—It is reasonably certain the political situation will remain in its present quiet state until a decision has been handed down by the court of appeals clearing the title to the office of governor. Judge Cantrill at Georgetown to-morrow acting for the Democrats will bring a suit in equity asking an injunction to restrain Gov. Taylor from exercising any functions of the office of governor. This it is expected will be temporarily granted. In case the Republican executive disregards the action of the court as was done in the case of the Alonzo Walker habeas corpus writ and an injunction is obtained against any interference with the legislature, the Democrats won't press proceedings, but will take the case to the court of appeals. This course was decided upon this morning at a conference of the Democratic leaders with Gov. Beekman, Congressman D. H. Smith, ex-Governor McCreary, Judge W. S. Pryor and several other lawyers. Pending the result of the suit the Democratic legislature will probably remain in Louisville and it is expected that the court of appeals will sit here instead of at Frankfort as long as there are any soldiers or armed men about the state buildings at the capital.
The senate to-day passed the concurrent resolution which had already passed the house for a committee to investigate the conditions of affairs at Frankfort.
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| John D. Rockefeller. |
Expected Donation From Rockefeller.
NEW YORK, Feb. 13.—It is expected that at a dinner to be given at the Hotel Manhattan early next month John D. Rockefeller will announce a further donation of $1,500,000 to Chicago university, making his total gifts to that institution $8,500,000. Mr. Rockefeller, it was said, promised some time ago that if other friends of the university would raise a certain sum he would give $1,500,000. The friends have done their part and are satisfied Mr. Rockefeller will do the rest.
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| Bandleader John Philip Sousa. |
PAGE TWO—EDITORIALS.
John Philip Sousa, the band leader, who will take his band with him to the Paris exposition upon the invitation of Commissioner General Peck for service every day of the fair and for special service at the unveiling of the Lafayette statue on July 4 and the French national fete on July 14, contributes to the current number of The Independent his ideas as to what an ideal band should be, though he is certain it does not exist and most likely never will.
"To attain the ideal in the band and orchestra," he says, "we must have perfection of leadership, perfection of players and perfection of instruments."
There should be, it seems to us, something nearer perfection in music to constitute the ideal band than the two step, cake walk and ragtime airs which now fill the racks of band musicians.
THE VICTIM IDENTIFIED.
Was put off the Passenger Train Having no Money or Ticket.
The Ithaca Journal speaking of the man found dead beside the Lehigh Valley track near McLean last Saturday morning says:
A search of the clothing disclosed the fact that his name was probably Eugene Morgan, from cards and letters which he had in his possession. The man boarded a passenger train at Cortland, but having no ticket and refusing to pay his fare, he was asked to get off at McLean, which he did. When the train started he got on again and was once more put off. He then started to walk along the track and was probably struck by the milk train which passes McLean about 8 o'clock. It was learned that relatives of the deceased live at Cortland and at Danby. The remains were placed in a vault at McLean, pending the arrival of friends.
TO OBSERVERS OF BIRDS.
Cortland County Ornithologist Asks Aid of Others.
To the Ornithologists and Sportsmen of Cortland Co.:
l am engaged in compiling a list of the birds of Cortland county and near vicinity both for the State museum and for future publication and would ask your aid in the work. The occurrence of any rare species with dates or the record of the breeding of rare species is desired. I should be glad to receive a complete list of ducks from those who have an opportunity to secure or observe them. Gulls are known to visit as migrants. Who can furnish me with positive information as to the specie? Other species which should occur here but of which there is no record are whip-poor-will, green-crested flycatcher (formerly known as Acadian flycatcher,) Lapland longspur, grasshopper sparrow, purple martin, worm-eating warbler, blue-winged warbler, golden-winged warbler, Tennessee warbler, water thrush, Kentucky warbler, yellow-breasted chat. Some of the species recorded upon which additional notes are wanted are Florida gallinule, American coot, least sandpiper, red-bellied woodpecker, yellow-bellied flycatcher, orchard oriole, white-winged crossbill, Cerulean warbler, Cape May warbler, red poll, long-billed marsh wren and short-billed marsh wren.
Proper credit will be given for all information received and a copy of the list furnished to all who aid. Such a list should be of value to all ornithologists and I hope to have the aid of all interested in our birds.
Yours Respectfully,
H. C. HIGGINS, Cincinnatus, N. Y., Feb. 13, 1900.
Shot a Canvas Back Duck.
George and Max Higgins a few days ago discovered a strange looking duck on the pond above the Wickwire mill and at once tried to shoot it, but without success till yesterday afternoon when they brought it down. Both boys claim the bird as both fired at once, but it is evident from the duck itself that only one hit it. On examination it proved to be a canvas back duck, which is quite a rarity in this vicinity.
Building a Railroad.
Mr. Alexis A. Mahan, who left Cortland last fall to take a fine position in Idaho in connection with the engineer corps in the employ of Orman & Crook, extensive contractors who were building a railroad in that vicinity, has been transferred to the vicinity of Colorado Springs, Colo. This company is now building a short line railroad between Colorado Springs and Cripple Creek, and Mr. Mahan is in charge of Camp 4, having under his direction 150 men. He does all the buying for the camp and transacts all its business. He is delightfully located in the Cheyenne valley, at an altitude of 8,000 feet. But in that section the spring seems already to have come and every one needs to wear spring clothing it is so warm.
VILLAGE BOARD.
Amount of Annual Budget Not Yet Known—Ordinance Adopted.
At a meeting of the village board, held last evening at the office of the village clerk, it was decided on motion, that the village treasurer be authorized and requested to sell bonds for paving Tompkins-st., Port Watson-st. and Lincoln-ave. in two series known as series A and series B on or about March 1, 1900. The bonds are to bear interest at 4 per cent payable semi-annually. It is not yet determined what the amount of these bonds will be.
Chief H. P. Davis came before the meeting and requested the board to provide 1,000 feet of new hose for the fire department. The hose is needed very much by the department, and will cost about 90 cents per foot. On motion, the board decided to hear applicant's prices for purchase of fire hose on Feb. 20, 1900, at 7:30 P. M.
The board then discussed the proposed budget of annual appropriations. The budget is yet to be decided upon, as all the departments have not yet sent in the amounts they will ask for. It is safe, however, to say that the people will be asked to raise a much larger amount than was raised last year. This is due in part to the increased expenses incurred in street cleaning. The sewer board, too, will ask for an appropriation for sewerage extension, and the school board will ask for a largely increased amount.
On motion, the following ordinance was adopted:
Resolved, That on and after Feb. 12, 1900, each-and every person is hereby prohibited from throwing or placing any ashes, refuse or other substance in any street, or highway of the village of Cortland. Any person violating this ordinance is hereby declared to be guilty of a misdemeanor and punishable by imprisonment for not more than ten days, or by a fine of not more than ten dollars.
Resolved, That the fore going [sic] ordinance be published in The Cortland STANDARD and The Cortland Democrat for two weeks successively, once each week.
The board then adjourned to meet with the village clerk, Monday evening, Feb. 20, at 7:30.
BREVITIES.
—The Normal reopens to-morrow morning at 8:45 o'clock for the spring term.
—"The Span of Life" will be the attraction at the Opera House next Monday night.
—This is regular April weather with warm April showers. A chill is promised for to-night.
—The Ladies' Literary club will meet with Mrs. J. P. Walrad, 13 Lincoln-ave., to-morrow afternoon at 3:30 o'clock.
—Cortland chapter, No. 194, R. A. M., will confer the M. M. degree at their regular convocation to-morrow evening.
—The regular monthly musical of Miss Halbert's pupils occurs at her studio in the Wickwire building to-morrow evening at 8 o'clock.
—The Junior league sewing society of Homer-ave. M. E. church will be held Friday afternoon of this week at 3:30 o'clock, at the home of Mrs. Lincoln Seeber, 14 Woodruff-st.
—The Binghamton winter Chautauqua assembly is now in session at the Centenary M. E. church of that city and continues till Friday evening of this week. A fine program is being rendered.
—A very pleasant entertainment was given by the Y. W. C. T. U. Monday evening at Collins' hall. The program consisted of magic, recitations, readings, and remarks, all of which were very much enjoyed,
—At a regular meeting of John L. Lewis lodge, No. 587, I. O. O. F., to-night at 7:30 o'clock the first degree, or the degree of brotherly love will be worked upon eight candidates. All Odd Fellows will be cordially welcomed.
—Some doctors say that high collars so much worn by men and women are productive of dire physical results. The head is thrown forward to relieve the back of the neck, and this narrows the chest and decreases the lung capacity.
—The STANDARD is indebted to Mr. Robert Bushby, traveling agent for the Grand Trunk Railway system, for a very convenient little map folder enclosed in cover outlining the entire system of the Grand Trunk railway with its connections.
—New display advertisements to-day are—McKinney & Doubleday, Wall paper, page 4; Palmer & Co., Granulated sugar, page 4; Buck & Lane, A good housekeeper, page 6; M. A. Case, Embroideries, page 6; C. F. Brown, Bath cabinets, page 6.
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