256
Shorthand and typewriter dictation exercises...
Klias Longley
lifornia
ional
lity
THE LIBRARY
OF
THE UNIVERSITY OF CALIFORNIA
LOS ANGELES
. in.^u*
SHORTHAND AND TYPE-WRITER
Dictation •:-
CO UK TED AMD TIMED
FOR
50. ;o, 100, 125, AND 150 WORDS PER MINUTE
FOR
Learners ii| any
BY
IlONGLEY
YOBKi
!- OST.
7O Broa<l\vay, 1890.
-3
COPYRIGHTED ROBERT CLARKE & CO.
1888.
LONGLEY'S
Eclectic Manual of fhonogfaphj.
By ELIAS LONGLEY.
int. 14±, Stiff paper coverf 4$5c.; cloth, r.>r
Will be sent by mail, prepaid, on receipt of the price.
Mr. Longley's name has been prominently connected with phono- graphic.writing, reporting, and publishing for the last thirty-five years. His '• MANUAL" was tir>t published in 1854, and continued for twenty-five one of the most popular shorthand books in the market. In 1879, it was thoroughly revised, and, as the " ECLECTIC MANUAL," has become a standard work. In this 'new edition of 1882, it has again undergone careful res'ision. The system is that of ISAAC l'i I.MAN (of England), with all his latest improvements, and those suggested and developed by the best American writers on Phonography, and the author's own experience in the constant practice of his profession for many years.
The new edition preserves all the characteristic features of the former book — simplicity of style, classification and sequence of illustration exercises. The first lessons are rendered more easy of comprehension by the introduction of portions only of the alphabet at a lime, out of which simple exercises are readily formed; and by interlined translations of the shorthand in common print, both of which are features to be found in this
;one.
The exceeding brevity of the English instruction books has been led, while the great prolixity of most American authors, v and crowded pages reach into the hundreds, has been as judu guarded against. In this book of convenient si/e, the time and nu of the pupil are not taxed with unnecessary and impracticable discussions on plu , language and its visual representa-
tion, iining the study by a formidable vol-
ume, li/Jng page after page
tract principles and rules, before becoming charmed with the prac- tice based upon them. In its inviting pages, principle and practice go hand in lu
re in the re MAM u.." i- such an
L-ment of the lessons, that no word or class of v, miired to he
written, until the pri;. > which they are written in their
Forms. liy this means, the student is not compelled to
spend his time in learning to write long lists of words, and then suffer the
he forms thus learned, and
himself v. What is once learned in
this book, remains a fixed fact with the pupil in all his after use of the system
SHORTHAND AND TYPE-WRITER
DICTATION EXERCISES
COUNTED AND TIMED
50, 75, 100, 135, AISTD ISO WORDS PER IVtlNTJTK
ADVANCED LEAR.NKRS IN ANY SYSTEM
BY
EL1AS LONGLEY
NEW YORK
. N. MINER
70 BROADWAY 1890
CONTENTS.
i mi. . Page- Never too Late to Learn (E. N. 'Miner), ... 50 words, 3 Keep up with the Procession (E. N. Miner), . . 50 " 4 Mis-hearing and Mis-reporting ( T. A. Heed), . . 50 '• G
The Way to Succeed in Business, 50 " 7
Eloquent Tributo to the U. S. Court, . . . . 50 9
Severe Charge of a Judge, 50 10
The Death Penalty (Donn Piatt) 50 " 11
A Brief Judicial Decision, . . . . . . 50 " 13
Senator Sherman in Faneuil Hall 75 " 14
American Labor Platform 75 " 15
Cincinnati Exposition Speech, 75 " 10
Necessity of a Pure National Morality, . . . . 75 " 18
Ingersoll's Eulogy of Conkling, 75 " 20
Life Insurance Correspondence, 75 " 24
Crowding the Shorthand Market (E. N. Miner), . 100 25
An End of All Perfection (Mrs. Sigourney), . . 100 " 27
Speech of Hon. Geo. H. Pendleton, . . 100 " 29
Forfeiture Contracts and Mortgages 100 " 32
Petition in a Suit for Damages, ..... li-O " ^3
Answer to a Plaintiff's Petition, 100 " 34
Legal Correspondence (Bishop Elder), .... 100 " 36
The Real Issue in the Campaign, . . . . 100 " 38
Crime Its Own Detecter, 125 " 42
Lies and Liars (a Sermon) 125 " 44
Cincinnati Southern Railroad Investigation. . . . 125 '« 47
A Blundering Judge's Charge 125 " 49
Lord Coleridge on Libel, .... . 125 " 50
Murchison-West Correspondence, . . . . 12-"< " 52
About the Girl Amanuensis (S. S. Packard), . . 125 " 55
Charles Sumnev, as a Man and Statesman, . . 125 ;> 58
Joseph Cook on Prohibition, 125 " 59
Hon. Thos. Reed on Free Trade, .... 150 " 01
Argument in a Suit for Libel 150 " 65
Testimony in a Suit Charging Fraud, . 150 " 68
PREFATORY REMARKS.
AFTER the student of shorthand has mastered the principles of the' art, and written all the exercises given in the text-books until he is weary of the repetitions, it is still necessary to extend his practice, in order to become perfectly familiar with every style of English speech. To afford such practice, in a manner that will facilitate his speed and increase the legibility of his writing to the highest degree, and in the most convenient way is the object of this little book.
The compiler has been for many years a teacher of Phonography, both to beginners and to advanced students; and during that time he has spent much labor in selecting and preparing appropriate matter for the persevering learner — matter that will interest and instruct, and therefore keep the attention, while it affords the best verbal and phraseological practice for all classes of work. The contents of these pages are the re- go suit of that labor and devotion to the chosen profession of his life. In £«J placing them in this permanent form for the use of his fellow teachers ^ and private learners, without regard to the systems of shorthand prefern d' 2^ the writer'hopes that his judgment in making the selections, and in | dividing the matter into convenient divisions for the use of pupils of •.'•}] 3 grades, will be entirely satisfactory, and prove of as much value to
teachers and. pupils as they have been to him.
*> It may be thought, on first consideration, that the exercises would have
IQ been more valuable if the words to be written in phrases had been con-
z npcted by hyphens. But this would have limited the usefulness of the
5 liook, in this respect, at least, to those who wrote the system in which it
was marked for phrasing; furthermore it is doubtfulwhetherphra.se in'
u dications are more a help than 'a hindrance to a learner after he has
2 studied the "principles of phrasing" in the text-books. There must
3 come a time when he will throw away leading strings, and this is perhnp-i the best time. In a shorthand school, where the reader is skillful, he can so run the words together in speech as to indicate those that should be joined in writing, and tlus prompt his pupils to write them properly. The private reader should be directed how to do the best he can in this respect. (i)
452277
Preface.
HOW TO USE THIS BOOK.
There are five rates of speed especially provided for in this book, viz 50, 75, 100, 125, and 150 words per minute. But these minute sections are all marked in -divisions of 25 words: thus, in the first selections, at the end of 25 words is placed the sign | ; at the end of the nexfc 25 the figure (1) is placed, to indicate the end of the first minute; after two more divi- visions of 25 words, the second minute is indicated, and so on. The next ten pages are divided into sections of three divisions of 25 words, the sign || representing 50, and at the end of each 75 words the number of minutes is indicated. In the portion devoted to 100 words per minute, the sign • represents 75 words; in the 125 words section, f represents 100; and in the 150 words section, \ represents 125.
Each exercise should be studied and practiced by the learner before he undertakes to write it from dictation ; that is, he should glance through ft, and see if there are any words that should be contracted, or any uir usual words with. whose outlines he is not familiar, and if so, he should write them several times over; he should also determine what words should be phrased; then he should write the whole article through once or twice by himself.
If the writer wishes the reader to read at the rate of 50 words per min- ute, he should time him by the watch until he has attained about the right speed; and then the reader should lay a w;itch before him, and see that he does not read more than 25 words \vhile the second hand is mak- ing half its round. If the student wishes to write at the rate of 75 words, the reader should aim to reach each division of 25 words in 20 seconds; if 150 words, he should reach each 50 words in 20 seconds.
No page should be passed until it can be readily written at the rate for which it is counted, even if some require much more time than others.
If the student, when he obtains this book, can already write 50 or 100 words per minute, he should still begin with the first exercises, and write one and a half or two sections per minute; in fact he may have his reader time his speed to any rate on any selection in the book.
It is better for the reader to read only as fast as the student can write legibly, even if he does not at first come up to the count of the copy; for if he gets into the habit of making errors, or bad outlines, in his practice, it will be difficult to avoid them in actual work.
ELIAS LONGLEY. Los Angeles, Cal.
DICTATION EXERCISES.
NEVER TOO OLD TO LEARK
IT ow frequently is heard the expression, " 1 tear I am too old 59
to learn," can only be realized by a teacher of shorthand. words Men and | women will come into our office, at thirty, just in the Per prime of life, in the full bloom of health and vigorous strength, faculties unimpaired, (1) ... and with their intellects made more (50) keen by a few years' rubbing against the world, and will say — "Am I not too old to learn | shorthand?" And then anxious yet fearful, he or she w-ill look at you in away which assures you that you were mistaken in the. (2) ...person before you — that 0()0) here is one who is tottering on the very verge of the grave, who ha? left youth and strength away back | in a dim and shadowy, • long-forgotten past, which has now no part with the hopeless present And yet, but a third of a century (3) ... ago, this per- (l-"'(l) son was a prattling babe, and but one decade of years ago the future was all before him.
My friend, at thirty we | are just learning how to learn. You are thirty, or you are forty, and you are just ripe for the battle, just arrived at that (4) ... age when the mind is most ready to (200) perceive, and most fit to retain its impressions. Many of the most eminent reporters in our courts | to-day began the study of shorthand when far past a prime of life which you are just ap- proaching. That certain amount of advanced education and (o) ... ready familiarity with language, which is absolutely neces- (l2~>0) sary to the full comprehension and attainment of shorthand, you have gained in the few years you have | left behind you. Your mind, sharpened by years of added knowledge, is at its best; your memory, quickened by long usage, is ripe for the (6) ... conflict; your ideas and your fingers were never more (300) steady for the work; you have brought your stepping-stones with you, and the river is | before you at low tide. Do not hesitate to
Cross it because of a few added years, for thty should have given
(350) you an experience (7) ... which will avoid the rocks.
And how many are the lines of learning in which we find the " old boys " (all of them old enough | to be y^ur father), digging away at something new, and then making it the success of their
(400) lives. Cato, at eighty years of age, began (8) ... to study the Greek language. He was afterwards the most celebrated orator of his time. His famous speech relative to the Catalinian con- spiracy was taken | down and preserved in shorthand. Plutarch, when between seventy and eighty, commenced the study of Latin. Sir Henry Spellman began the study of the sciences
(4~>0) (9) ... when he was between fifty and sixty years of age. After this time he became a most learned antiquarian and lawyer. Dr. Johnson applied himself | to the Dutch language but a few years before his death. Franklin did not fully commence his phil-
(500) osophical pursuits until he had reached his fiftieth (10) ... year. Charles Dickens had passed the thirties when he began the study of shorthand, and he made one of the most skillful reporters of his | time, in all England.
We have known more to succeed, proportionately, who began the study when on the "shady side" of thirty, than at any
(550) (11) ... other age Our successes usually, yes, almost invariably. come to us when we have passed that age. Remember that
'• No star is ever lost, we | once have seen — We always may be what we might have been."
It is not the age which proves the failure to master shorthand.
60 Be (12) ... your years what they may, if the work-shop of your
brain is still stored with energy, perseverance, and a determination
to " do or die," | the road to shorthand is clear before you. (633)
KEEP UP WITH THE PROCESSION.
50 T N this " age of improvement" how few keep up with the won-
voras derful progress which is every-\vhere going on about us.
minute Even in your own line, | how little you know of what is really
being done for your own individual benefit and advancement; of
(50) the many minds at work day and(l) ... night, working to form some
new contrivance which shall lighten your labors or place you another step in advance of the age you are leaving | behind jou. As you toil along, intent upon, the success of your own affairs, and anxiously regarding only the narrow path which you see be- fore (2) ... you, how little you know of the other world, so close ( 1001 beside you, which works for you, and toils for you, and strives for you, | and how little that other world knows of you.
What is it to you that some poor, worn-out wretch has lost the best part (3) ... of his life-time in perfecting an arrangement (150) which is never perfected; or that, in the labor of poverty and want, he grows old and | gray, and drops into the grave while seeking the completion of the impossible; or that some misera- ble, half-starved victim of hope has wasted his (4) ... endeavors, (2001 year upon year, and sacrificed for his family the common neces- sities of life, in the hopeless longing and striving to attain some- thing which is | unattainable; what is it to you? Nothing. You jog along on your selfish, careless way, and — he on his. But sud- denly the world is startled ! (5) ... A something is accomplished ! (250) An important invention is discovered! The tireless toiler has not dropped forever into the obscurity of the unknown, the hitherto forgotten | wretch is the recipient of a world's applause ! But what did you know of it, till it was done? Nothing. As little you cared, and (6) ... your ignorance was your loss. For, (300) lia 1 you known of it, perhaps your lot it would have been to have taken time by the forelock, | and gained the gratitude which fell to another's share.
So, expansion is progression ; the norrow-minded do not pro- gress, and only those who are constantly (7) ... alive to the issues (350) of the day and to the improvements of the age in which they live, whc are ready to take advantage of | all that may be of- fered in the scientific or mechanical world, only they are worthy or capable of appreciating or benefiting the advancement which the (8) ... age demands. (400)
No man more than the shorthandercan realize that he cannot stand still. Not to move forward, is to retrograde; not to gain | ground, is to lose it. So it is, as the world moves on about us, not to keep informed, is to "get behind the procession " (9) ... (450) of which we are a part, the procession of shorthanders and type- writers, the liveliest procession of the liveliest century the world of progress has ever | known.
. 6
Keep informed! If you hear of a new thing, inquire of itl write concerning it ! learn about it ! Don't get behind the pro-
. 5i)tij cession! (10) ... Don't be satisfied in knowing what you have .already gained ! That may have done for its time, but that timo has passed away, and something | better has taken its place. Channels are opening up about you whereby you can keep posted
(:,.•)(.)) concerning what is going on. Do not be of (1 1) ... the class who are always hearing for the first time from somebody else of what the world is doing. Inquire! Learn for yourself ! Don't be | satisfied to be the wall-flower at the ball, who merely succeeds in making a grease-spot on the paper with the back of his head \
(fiOO) (12) ... Get up 1 Be of the crowd that i-i moving! Take a part in the dance, and perform your own work in the play of life | which is going on about you. (631)
MIS-HEARING AND MIS-REPORTING.
50 iY/IR THOMAS A- REAI>, in his very readable " Reminis- cences of a Reporter," in the Phonetic Journal, gives his
experience under this head as follows: |
I remember a witness once saying, " My brother was home by three o'clock; I was home by four," or "before." Which he (50) meant I did not (1) ... know, and I do not know to this day whether I gave a correct interpretation of his evidence. " What do the Turks want? To be | a nation," said a speaker in Parlia- ment. " To be in Asia," wrote the reporter, and the words wore
(100) so printed. "Attendors of clubs," in the (2) ... mouth of Mr. Bright, was transformed into "venders of gloves." And the lat- ter part of the statement that " all reforms in this country have been | brought about by pressure," was reported "brought about by Prussia."
When an absurd and obviously wrong word or phrase reaches
(150) the ear, it is of (3) ... no use to stop and think, even for a second or two, what it should be; the only safe method is to write pre- cisely what | is heard, no matter how ridiculous it may be. If the hand hesitates, the pen may fall behind the speaker; and if a
(200) blank is (4) ... left for the doubtful word or sentence, when the reporter comes to transcribe his notes, he may no longer remem- ber the impression that was made | upon his ear, which was
probably approximately accurate, and would, on a little reflection,
suggest the right interpretation. Indeed, while a reporter is in
the (5) ... act of taking notes, the doubt may be removed. The (250)
speaker may use the same phrase again, and this time the sounds
are clearly uttered | and accurately heard ; or, even without this
help, the true reading may flash upon the mind, as I have, said,
by a kind of inspiration. (6) ... (300)
It need hardly be said that mis-hearings are much less likely to occur when the mind goes with the hand, and it is intent upon | following the meaning as well as the words of the speaker, than they are when the mind is wandering, and leaving the fin- gers to do (7) ... their mechanical work without the friendly (350) guidance of the brain. I have often written the most atrocious nonsense in this way, and I doubt not | the experience is com- mon enough. The mistakes will generally reveal themselves in the work of transcription ; but there is a danger, if they are not (8) ... very obvious, of their going uncorrected. The moral of (400) which is that the reporter should attend to sense and sound alike. It is not always | an easy task. In following a long and prosy speech, it requires a considerable effort to keep the mind from wandering to other topics; while (9) ... in taking notes of a very (450) technical or metaphysical address, it is often not only difficult, but impossible, to follow with exactness the speaker's train | of thought But the effort should be made if extreme verbal ac- curacy is needed. It is not surprising that a reporter's writing mechanically should convert (10) ... the sentence, "Pew-rates (500) are the greatest enemies of the church," into "Curates are the greatest enemies of the church." But it is hardly conceivable [ that the mistake should have been made if the mind and the hand travele 1 together. The error, however, was not only made In note taking, (11) ... but, I believe, also in transcribing. (556) (550)
THE WAY TO SUCCEED IN BUSINESS.
AVERAGE ability, perseverance, honesty, candor, and other 50
characteristics of manliness are the mainsprings to success, ^ords A boy who has learned the alphabet has the whole | world )erf open before him. He has the key to all knowledge, and with experience will acquire wisdom to guide him in mature
8
(.">0) years in all (1) ... his undertakings. Perseverance will lead him to climb the ladder of learning after having mastered the twenty-six letters of the alphabet. Honesty and candor | and other manly attributes will win for him the respect and confi-
(iOO) dence of all with whom he may come in contact. (2) ... The influence acquired through gaining the respect and confidence of others will give him strength and power in what is right and good. Without influence | thus acquired over others, and used and exerted in the right, learning, experience, wisdom, wealth, and social position are of small value. The plodding, painstaking,
(150) (3) ... persevering, honest man of common sense will accomplish more in this world, and is of more use in it, than the erratic genius.
Speaking specifically | of success in business as separate and distinct from all other successes, the causes are economy, thrift, close attention to details, thorough and comprehensive under-
(200) standing (4) ... and knowledge of the business engaged in, dis- crimination in selecting business associates, and the acquiring and holding of the confidence of the business community.
Failure | in business, like failure in every thing else, springs from shiftlessness, inattention, luxurious habits, and a desire to
(250) make money too rapidly, and the taking (5) ... of chances in con- sequence thereof; mistakes in the selection of business associates and the failure to acquire the confidence of those upon whom the business | is dependent for support. The love of money- making leads many to assume large risks in order that they may
(•iOO) acquire large gains. The risk (6) ... of losing in such cases is usually greater than the chance of making money. Whenever the old, well-established principles of conducting business are departed | from, failure is more imminent than success. An habitual violation of the old-time maxims: "A penny saved is a
(350) penny earned;" " Buy when others (7) ... must sell, and sell when others must buy ;" " Purchase only that for what you can pay ;" and others s;milar in tone, leads to disaster. •
A man might talk a week on the subject, and then not ex
(388) haust it.
ELOQUENT TRIBUTE TO THE U. S. COURT.
JOHN B. HENDERSON, of St. Louis, concluded v
words a legal argument before the Supreme Court of the United per
States with a tribute which has occasioned | not a little favorable minute. comment. It was a-tribute particularly appropriate to the time, and is deserving of wider circulation than the utterances in the court (1) ... room gave it. General Henderson's words were as ' ) follows :
May it please your Honor : These evidences of debt consti- tuted a contract in the State where | they were made. The local law recognized them as binding between the parties. The instruments came here with the indorsement of local judicial sanction. We (2) ... have before us the standard by which the (*™/ parties themselves measured the obligations of their contract. This court will not now change that standard. It 1 is the especial glory of this tribunal that local influences can not here turn aside the currents of justice. In this world, nothing is immortal but (3) ... truth. The monuments we build of brass C**®) and stone finally molder and decay. The eternal principles of justice take new strength and luster from the ] lapse of time. The stone tablets on which the decalogue was inscribed no longer exist, but the Ten Commandments still remain in perfect moral grandeur, (4) ... teaching man his social duties. The (*W) Roman forum is wellnigh gone, but Roman law survives in all its beauty and in all its beneficence, and | so will live, I hope and believe, the decisions of this court. For nearly a quarter of a century, in a modest way, I have (5) ... argued causes before (2oO) you, and in that short period I have witnessed many changes in the personnel of this court; but no change have I | seen in the wisdom and learning of its decisions, or in that unerring cer- tainty with which they point to the administration and establish- ment of justice. (6) ... It is because of this that they have received (.^UU) the stamp of judicial authority in all the nations of Christendom, and it is because of | this that they will live when this magnifi- cent structure, in which they have been delivered, shall have sunk into undistinguishable dust. ... ^ '
10
SEVERE CHARGE OF A JUDGE.
50
i « TT is charged in the indictment upon which you were con-
per victed," said the court to the prisoner, '• that on the 30th
minute, of November, 1887, | aided by a gifted accomplice, who recently pleaded guilty, you obtained by false and fraudulent pretenses money and property of the value of $9,500(1) ... from F. M. Parker. In order to secure this extensive plunder, you made Parker believe that you were the owner of certain real estate in | this city, to which you knew you had no more title than you have to the United States mint, and for this he paid you (2) ... $3,000 cash, and conveyed his own farm in Oregon, worth $6,500. This was all that Parker had in the world for himself and | family, but you fleeced him out of it and left him destitute. Indeed, so far as it is known, you seem to have taken fiendish (3) ... delight in their distress, and up to this moment have not offered to make restitution of a dollar. Upon the proceeds of this infamous swindle ] you have attempted to escape responsibility for your crime, but a jury of your own selection, looking fairly into the case, found you guilty. The (4) ... verdict is among the most notable triumphs of justice in our state, for it put an end for a long time to the career of | the dishonest gang of which you were the successful leader. In this case, however, as I said in ' ) passing sentence upon one of your confederates, (5) ... I repeat here, that the statutes now in force provide no adequate or suit- able punishment for your transgressions of the law.
" The heaviest penalty which | the court may impose can not be deemed severe, since the offense of stripping a whole family
(300) of their fortune by false pretenses is but a (6) ... misdemeanor in California. But to offset this manifest mistake of the legislature, it appears that you have yourself opened the way to a neighboring state | prison. Immediately upon receiving the deed of Parker and wife to their homestead in Oregon, you hastened to that state
(350) and sold the farm for (7) ... half its value. In making the deed to the new purchaser, you went before a proper officer, and in the acknowledgment denied that you had [ a wife in California, well knowing that in the former state it would require her convey-
(397) ance also to make a valid grant. . . ."
11
THE DEATH PENALTY.
"\X7E hang a murderer because we are in the habit of doing so. 50 Again, we condemn him to death for that we do not words
know I what else to do with him. Again, we sustain the xdeath Pe>
minute. penalty from a feeling of vengeance.
These .are motives, not reasons. When we appeal (1) ... to (50) reason, there is a failure in sustaining the practice. Regarding all human endeavor as fallible, it is not wise to do that which cannot | be undone. True, when we subject a criminal to a loss of freedom we take a part of his life which can not be re- stored; but (2) ... if this has been done unjustly we can in a (100) measure recompense the loss. This is not the case when the unfortunate is deprived of | life. The law really does what the law condemns. It is claimed that to act otherwise is to traverse the moral sense of the community (3) ... This comes not from a (150) sense of justice, but of vengeance. When a murder is commit- ted, the act arouses a feeling of horror and wrath. | If time were given, and a delay made between the condemnation and the death by the executioner, this feeling would not only sub- side, but swing (4) ... over to the other extreme. As it is, the (200) custodians of the condemned find it difficult to keep out sickly sentimentalists, with their gifts of | flowers and tenders of sym- pathy.
This moral sense that sustains the death penalty originates in great measure from the clergy. It is strange, but there (5) ... is (250) no class, and never has been any class, so vindictive and cruel as the followers of the forgiving Savior. We have of record not ] only the religious wars, the most horrible of all human conflicts, lit up along the past by fires that consumed the helpless, but the story (6) ... of the Inquisition. Our pious friends of the pulpit (300) abandon the Gospel and fall back upon the theology of the Jews. To be -consistent they | should preach the full Mosaic doctrine of an eye for an eye, and a tooth for a tooth. Probably they would, but that Christian civilization (7) ... has given us a (350) higher sense of justice and a keener appreciation of our Father in heaven as taught us by the Savior.
Slowly, but | steadily, we have been influenced by our common sense and better feeling to a departure from the old barbaric
12
'400) treatment of the condemned. Time was, (8) ... and the practice yc-t remains in some of our newer localities, when it was thought necessary, to give full effect to a hanging, that it j should be public. The judge, in condemning the man to death, solemnly fixed the day and hour, and the public was invited to witness
(4~<0) the (9) ... brutal spectacle. The public was not slow to respond. We learned, after a time, that instead of an awful v:arning it was regarded very much | as a crowd looks on a bull fight, when a wretched animal is slowly tortured to death. The enjoyment
(.">00) of the show stimulated to some (10) ... extent by the danger at- tending the spectacle to the cruel performers. The crowd about the gallows jeered, laughed, sang, and generally got drunk. The criminal, | if he went to his death with any composure, was re. garded as a hero. Murders have been committed in the very
(550) presence of the awful (11) ... example.
The clergy helped on this sort of perversion of a warning by accompanying the wretch to the scaffold with hymns and pray- ers, and assurances | of divine forgiveness. The absurdity of this seemed to strike no one. The victim of the awful crime
(600) had been cut off in his or (12) ... her sins, with every prospect of eternal punishment, while the criminal was swung into heaven. This seems shocking, but is it not fact? To be | logi- cal and consistent, we must regard the murderer fully forgiven, looking from heaven down upon his victim suffering eternal tor-
(650) ture for having passed to judgment (13) ... without repentance.
We have laughed at the Frenchman condemned to death for
the murder of his parents, who, when asked by the judge if he |
had any thing to say before sentence, responded that he hoped
the court would have mercy on a poor orphan. We do not
(700) laugh, however, at (14) ... the good parson who hurries forward to assist the assassin to a reward denied his victim.
The good people of New York have advanced yet | another step. Choking a man to death with a rope has been justly re- carded as a clumsy, barbarous practice, and the late legislature
(750) s-ubstituted death (15) ... by electricity. This enactment robs the penalty of much that is objectionable, and adds greatly to its terror. The mode prescribed by the law, which | gives to the judge the power to sentence, but leaves to the sheriff the pre- cise moment when the execution shall take place, throws a
13
dreadful (16) ... mystery about the killing that will strike the (800) common criminal with horror.
This law is to be approved, not on the ordinary ground used by | supersensitive people, that it lessens the punishment, but that in fact it adds to it. We are not disturbed, however, by the pains and penalties (17) ... attending the death penalty. (850) When a criminal is to be disposed of for having murdered us, wo will be quite indifferent as to the measure | of his suffering, very much as he was to ours when killing us. In this we sym- pathize with the member of the French Corps (18) ... Legislatif, (900) who, when the abolition of the death penalty was being dis- cussed, said: "Messieurs, I am in favor of this measure, but I want the | assassins to begin." (928)
A BRIEF JUDICIAL DECISION.
50
TN a case recently reviewed and decided in the Supreme Court worda
of Wisconsin, the court said: per
"The parties own adjoining farms, and had a personal | diffi- minute, culty concerning the sufficiency of the line fence between their respective farms. On a certain Sunday in August, 1882, they met, quarreled about the (1) ...fence, and fought. Although (50) they are both old men, it is but just to say they fought with great spirit and brutality. The defendant is | the larger and probably the stronger man, and had the best of the fight. He gouged both eyes of the plaintiff, and it is claimed (2) ... that (100) the sight of one of them is permanently impaired. This action is to recover damages for such injuries. . . . The jury were also instructed as | follows: 'If two, in anger, fight together, each is liable to the other for the actual injury inflicted. If you find that the plaintiff and (3) ... defendant by common consent, (150) in anger, fought together, and that plaintiff was actually in jured in said fight by the defendant, the plaintiff is entitled to j recover from the defendant the actual damages resulting from said injury, but not exemplary damages.' This instruction is fully sustained by the authorities cited by (4).... counsel for (200) the plaintiff. These authorities go upon the principle that, the fighting being unlawful, the consent of the plaintiff to fight is no bar | to his action, and he is entitled to recover. We believe the rule is one of sound public policy, and we do not hesitate to (5) .... incorporate it into the jurisprudence of this state." (258)
14
SENATOR SHERMAN IN FANUEIL HALL.
7) MR' CHAIR^A^T:— rt was with great hesitation that I ao
cepted the invitation to speak here in this famous hall,
minute *^3 crat^e °f liberty, whose foundations | were laid before the
birth of American independence, and whose completed walla
echoed the eloquence of generations of men long before the
state in which || I live had a name or a place on the map of the
world. I wish, in response to the invitation which has been
(75) given (1) ... to me, to recall to the attention and to the memory of the people of Massachusetts the origin of the great questions that divide the | political parties of this country, and to give you from the memories of the past, and from the recollections of two generations of great men |j in Massachusetts, the honest reasons why we people of Ohio come back to you and ask you
(150) to stand by the doctrines of your fathers. (2)
I am among those who were taught in the school of politics and philosophy to believe that this country of ours was a great nation, | a national government, and not a confederate govern- ment. I have been taught to believe that I am a citizen of the United States, and not || a citizen of Ohio. I believe that we are bound to each other by ties of allegiance and duty, so that
(225) I, though living remote (3) ... from you, am akin to you and bound by these ties of allegiance and duty to obey the laws of our country. I believe that | the Constitution of the United States was framed by the people of the United States, and not by the states ; that the states were merely used || as a medium of gathering the will of the people, and that this government
(300) of ours is a government of the people, for the people, (4) ... and by the people.
We recognize the high importance of the states of the Union ; we give to those states our love as we would | to a mother; but it is to the National Government we owe our paramount allegiance, and it is the Constitution of the United States that || is the su- preme law of the United States, which every man claiming to be an American citizen must obey, whether he lives in a state,
(375) (5) ... new or old, or in a territory of the United States, or is on the high seas under the flag of the United States. My | coun- trymen, this country is ours, yours and mine, and we are com-
15
mon inheritants of the greatest gifts that were ever given to the people in || the wide world. Liberty and union, one and insepa- rable, now and forever, is the motto of the people of Ohio. (445)
AMERICAN LABOR PLATFORM.
"T^HE platform annexed covers the general demands of all the 75 labor organizations in this country:
1. To bring within the fold of organization every department | mfnu(e of productive industry, making knowledge a standpoint for action, and industrial, moral worth, not wealth, the true standard
of individual and national greatness.
2. To || secure to the toilers a proper share of the wealth that they create; more of the leisure that rightfully belongs to them ;
more society advantages; (1) ... more of the benefits, privileges, (75) and emoluments of the world; in a word, all those rights and privileges necessary to make them capable of enjoying, | appre- ciating, defending, and perpetuating the blessings of good gov- ernment.
,3. To arrive at the true condition of the productive masses in their eductional, moral, and || financial condition, by demanding from the various governments the establishment of bureaus of labor statistics.
4. The establishment of co-operative institutions, productive
and distributive. (2) (150)
5. The reserving of the public lands, the heritage of the people, for the actual settler. Not another acre for railroads or corporations.
6 The abrogation | of all laws that do not bear equally upon capital and labor; the removal of unjust technicalities of justice; and the adoption of measures providing || for the health and safety of those engaged in mining, manufacturing, and building pursuits.
7. The enactment of laws to compel chartered corporations to
pay (3) ... their employes weekly, in full, for labor performed (225) the preceding week, in the lawful money of the country.
8. The enactment of laws giving mechanics | and laborers the first lien on their work for their full wages.
16
9. The abolition of the contract system on national, state, and municipal work. ||
10. The substitution of arbitration for strikes, whenever and wherever employers and employes are willing to meet on equita- ble grounds.
(300) 11. The prohibition of the (4) ... employment, in workshops,
mines, and factories, of children that havfe not attained their fourteenth year.
12. To abolish the system of letting out by contract | the labor of convicts in our prisons and reformatory institutions.
13. To secure for both sexes equal pay for equal work.
14. The reduction of || the hours of labor to eight per day, so that the laborers may have more time for society enjoyment and
(375) intellectual improvement, and be enabled (5) ... to reap the ad- vantages conferred by the labor-saving machinery which their brains have created.
15. To prevail on governments to establish a purely national | circulating medium, issued directly to the people, without the intervention of any system of banking corporation, which money shall be a legal tender in payment || of all debts, public
(431,1 or private.
CINCINNATI EXPOSITION SPEECH.
75 A T the opening of the Cincinnati Exposition, August 3, 1884, iwrds Senator Pendleton delivered the following address :
Ladies and Gentlemen : — The President and Commissioners in | charge of this Exposition bid me extend a right hearty greeting to you who have honored them with your presence this evening. Your quick appreciation || of a service well done is the double reward of a faithful public servant.
(75) The doors of these halls are at last wide opened, and (1) ... a
cordial welcome awaits all — denizens of our city as well as so- journers within our gates — who will enter. They bid you come and welcome! | assuring you only and modestly that they have done whatever lay within their power to execute with fidelity the trust with which they were charged || by the great public bodies which represent our city and their fellow-citizens.
(150) I know full well that a very brief visit to these treasures (2) ...
of skilled labor in the immense field of human endeavor will
17
convince you they have done all that time and means would al- low to satisfy | intelligent curiosity, to gratify cultivated taste, to develop aspiring competition, to increase a just appreciation of the useful and the beautiful among the workers of || this busy modern world.
I hazaid nothing in saying- that when October's Saturday shall have closed these doors, four hundred thousand visitors will have (3) ... reaped personal advantage and pleasure, and will (225) with one accord say to these honorable gentlemen — to you, Mr. President; to you, gentlemen Commissioners — "Go, with | all • honor and deserved thanks to join your predecessors; and re- joice that as you have builded higher than they, so you have laid foundations deep, || and broad, and strong, on which your successors — the chosen of Cincinnati in the future — will build even higher than you."
Cincinnati has a right (4) ... to be proud of these Expositions. (300) They are not international; they are not national; they are not state; they are not county expositions. They are | for the city, of the city, supported by the voluntary contributions of the citi- zens, and not a dollar of money levied by taxation has gone || to their support. No city in England ever had annual expositions. Many attempts and many failures were made. After the great international displays of 1851 (5) ... and 1802, the commission- (375) ers, with more than a million and a half dollars in hand, decided to have yearly exhibitions in London, but | after four years they were abandoned, because "they failed to draw either exhibitors or sightseers."
Paris, the loved and beautiful city of all France, in || fifty years, from 1798 to 1849, backed by the Consulate, the Empire, the Restoration, the Bourbons, the trading Orleanists, the Presi- dency, had but (<)) ... ten expositions. In the first and smallest (450) there were only one hundred and ten exhibitors, and in the last and largest only four thousand — scarcely | more than twice as many as claim room here to-night.
Vienna had three between 1835 and 1845, and in the last the exhibitors || reached eighteen hundred and sixty-five.
Berlin had only three between the years 1822 and 1844, and in the greatest three thousand exhibitors (7) ... asked for (525) space. . . .
In human progress there can be no pause, no rest. The mo-
18
tion is forward always, or backward. The goal of to-day must | be the starting-point of to-morrow.
It is so with cities. Public spirit must be active, aggressive, effective, or it will dwarf and die, and || the city will perish. Cincinnati must go forward, or she will retrogade. She has shown a gigantic power. She has fostered commerce by her
(600) Southern (8) ... Kailroad. She has educated her children by her excellent school system. She has cultivated art and design by schools of design, and museums and musical | colleges. She has acquired fame by her Expositions. She must use this same power, moral and physical, to purify the atmosphere which her people breathe, || to smooth and cleanse the streets in which they walk, to elevate the tone of her municipal administration, and
(675) to strengthen the hands of the worthy (9) ... men to whom she confides the delicate and sacred trust; she must do in all things as she has done in these Expositions; she must | strive for per- fection, and every year must come nearer attaining it.
If she does so, she will clothe herself again with royal robes, and sit || enthroned with undisputed sway, Queen of the West. If she does not, a tinsel crown will mock her false pretenses and
(750) grow dim and faded scarce (10) ... faster than her present glories will pass away. To us, fellow-citizens, comes the question, as in us lies the power to answer. (773)
NECESSITY OF A PURE NATIONAL MORALITY.
75 'T'HE crisis has come. By the people of this generation, by words ourselves, probably, the amazing question is to be decided,
Per whether the inheritance of our | fathers shall be preserved or e' thrown away; whether our Sabbaths shall be a delight or a loathing; whether the taverns, on that holy day, shall |j be crowded with drunkard?, or the sanctuary of God with humble worshipers; whether riot and profaneness shall fill our streets, (75) and poverty our dwellings, and (1) ... convicts our jails, and vio- lence our land, or whether industry, and temperance, and right- eousness, shall be the stability of our times; whether mild laws shall | receive the cheerful submission of freemen, or the iron rod of a tyrant compel the trembling homage of slaves. Be not deceived. Human nature in II this state is like human nature
19
every-where. All actual difference in our favor is adventitious, and the result of our laws, institutions, and habits. It (2) ... is (J50) a moral influence, which, with the blessing of God, has formed a state of society so eminently desirable. The same influence which formed it | is indispensable to its preservation. The rocks and hills of New England will remain till the last conflagration. But let the Sabbath be profaned with || impunity, the worship of God be abandoned, the government and religious instruction of -children neglected, and the streams of intemperance be per mitted to flow, and (3) ... her glory will depart. The wall of fire (225) will no longer surround her, and the munition of rocks will no longer be her defense.
If | we neglect our duty, and suffer our laws and institutions to go down, we give them up forever. It is easy to relax, easy || to retreat; but impossible,, when the abomination of desolation has once passed over New England, to rear again the thrown- down altars, and gather again the (4) ... fragments, and build up (300) the ruins of demolished institutions. Another New England nor we nor our children shall ever see, if this be destroyed. All | is lost irretrievably when the landmarks are once removed, and the bands which now hold us are once broken. Such insti- tutions and such a state || of society can be established only by such men as our fathers were, and in such circumstances as they were in. They could not have (5) ... made a New England in (375) Holland; they made the attempt, but failed.
The hand that overturns our laws and temples is the hand of death | unbarring the gate of pandemonium, and letting loose upon our land the crimes and miseries of hell. If the Most High should stand aloof, and || cast not a single ingredient into our cup of trembling, it would seem to be full of superlative woe. But he will not stand aloof. (6) ... As we shall have begun an open (450) controversy with him, he will contend openly with us. And never, since the earth stood, has it been | so fearful a thing for nations to fall into the hands of the living God. The day of vengeance is at hand, the day of || judgment has come ; the great earthquake which sinks Babylon is shaking the nations, and the waves of the mighty commotion are dashing upoft every shore. (7) ... Is this, then, a time to remove the foundations, when the (525) earth itself is shaken ? Is this a time to forfeit the protection of God, | when the hearts of men are failing them for fear, and
20
for looking after those things which are to come upon the earth ? Is this || a time to run upon his neck and the thick bosses of hi.s buckler, when the nations are drinking blood, and fainting, and (600) passing away (8) ... in his wrath ? Is this a time to throw away the shield of faith, when his arrows are drunk with the blood of the slain ? to cut from the anchor of hope, when the clouds art- collecting, and the sea and the waves are | roaring, and thunders are uttering their voices, and lightnings blazing in the heavens and the great hail is falling from heaven upon men, and every || mountain, sea and island, is fleeing in dismay from the face of fif'o an incensed God ? — Beecher.
INGERSOL'S EULOGY OX CONKLING.
75 « D OSCOE CONKLIXG, a great man, orator, statesman, law- yer, distinguished citizen of the republic, in the zenith fTf! "^ kis fame and power, has reached his journey's | end, and we are met here in the city of his birth to pay tribute to his worth Mud work. He earned and held a || proud position in public thought. He stood for independence, for courage, and, above all, for absolute integrity; and his name was known and hon-
(75) on-d by(l) ... many millions of his fellow-men. In the pres- ence of death, a good man judges as he would be judged. He knows that men are only | fragments; that the greatest walk in the shadow, and that faults and failures mingle with the lives of all. In the grave should be buried || prejudices and passions born of conflict. Charity should hold the scales in which are weighed the deeds of men, their peculiar traits, born of locality
(150) (-) ... and surroundings. These are but the dust of the race. These are accidents, the drapery, the clothes, fashions that have nothing to do with the | man, except to hide his character. They are the clouds that cling to the mountains. Time gives us a clearer vision. That which was merely || local fades away. Words of envy are forgotten, and all there is of sterling worth
(225) remains. He who was called the partisan is called the (3) ... patriot. Fortunate it is that the Nation is great enough to know the great. How poor this world would be without its graves, without the | memories of its mighty dead. Only the voiceless speak forever.
21
" Intelligence, integrity, and courage are the great pillars that support states. Above ail, the citizens || of a free nation should honor brave and independent men of stainless integrity, of will and intellectual force. Such men are atlases, on whose mighty (4) ... shoulders rest the great fabric of the Republic. Flatter- (300) ers, cringers, crawlers, time-servers, are dangerous citizens of a . democracy. They who gain applause and power by | pandering to the mistakes, prejudices, and passions of the multitude are ever the enemies of liberty. Most people are. slaves of habit, followers of custom, || believers in the wisdom of the pa*t, and were it not for brave and splendid souls, the dust of an'ique time would lie unswept and (5) ... mountainous error would be (3'5) too highly heaped for truth to overawe. Custom is a prison, locked and barred by those who long ago were dust, | the keys of which are in the keeping of the dead. Nothing is grander than when a strong, intrepid man breaks the chains, levels the || walls, and breasts the many-headed mob like some great cliff that rnocks the innumerable billows of the seas. The politician hastens to agree with (6) ... the majority, insists that their pveju- (4-"0) dice .is patriotism, their ignorance wisdom; not that he loves them, but because he loves himself. The statesman, the real | reformer, points out the mistakes of the multitude, attacks the prejudices of his countrymen, laughs at their follies, denounces their cruelties, enlightens and enlarges their || minds and con. sciences; not because he loves himself, but because he loves and serves the right, and wishes to make his country great and free. (7) ... lie who refuses to stoop, who cannot be bribed by (525) the promise of success or the fear of failure, who walks the high- way of right, | and in disaster stands erect, is only the victor when real history shall be written by the truthful and wise. Those who bore the burden || of defeat and kept their self- respect, who would not bow to man or men for place or power, will wear upon their brows the laurel (8) ... mingled with the (600) oak. * * *
" Roscoe Conkling was an absolutely honest man. He uttered the splendid truth that the higher obligations among men are not set down | in writing, signed and sealed, but reside in honor. He was the ideal representative, faithful and incorruptible. He believed that his constituents and his country |[ were entitled to the fruit of his experience, to his best and highest thoughts.
22
Xo man ever held the standard of responsibility higher than
(675) he. (9) ... Ho voted according to his judgment, his conscience. He made no bargains; he neither bought nor sold. To correct evils, abolish abuses, and inaugurate reforms, | he believed was not only the duty but the privilege of the legislator. He neither sold nor mortgaged himself. He was in Congress during years || of vast expenditure of war and waste, when the credit of the Nation was loaned to individuals, when claims were thick as
(750) leaves in June, (10) ... when the amendment of a statute, the change of a single word, meant millions, and when empires were given to corporations, he stood at the | summit of his power, the peer of the greatest of leaders, tried and trusted. He had the tastes of a prince, the fortune of a peasant, and yet he never swerved. || Xo corporation was great enough to purchase him. His vote could not be bought — for all the sun sees or profound
(825) sea hides. His hand (11) ... was never touched by any bribe, and on his soul there was never a sordid stain. Poverty was hi.-, priceless crown. Above his marvelous intellectual | gifts, above all place he ever reached, above the ermine he refused, rises his integrity like some great mountain peak, and there it stands, firm || as the earth beneath, pure as the stars above. * * * "He was an orator, earnest, logical, intense, and picturesque.
(900) He laid the foundation with care, with (12)... accuracy and skill, and rose by "cold gradation and well-balanced form" from the corner-stone of his statement to the domed conclusion. He filled | the stage; he gladdened the eyes of his audience, lie had that indefinable thing called presence. Tall, commanding, erect, ample in speech, graceful in compliment, || titanic in denuncia- tion, rich in illustration, prodigal of comparison and metaphor, his sentences measured and rythmical fell like music on the
(975) enraptured throng. He abhorred (13)... the Pharisee and loathed all conscientious fraud. He had a profound aversion for those who insist on putting a base motive back of the good | deeds of others. He wore no mask. He knew his friends. His enemies knew him. He had no patience with pretense, with patriotic reasons for || unmanly acts. He did his work well and bravely, and spoke his thoughts. Sensitive to the last degree, (1050) he keenly felt the blows and stabs of (14) ... the envious and ob- scure, and the small blow of the weakest; but the greatest could not drive him from his convictions. He would not stop to I ask
23
or give explanation ; he left his words and deeds to justify themselves. He held in light esteem the friend who heard with half-believing || ear the slander of a foe. He walked a highway of his own, and kept the company of his own self- respect.
" He would not turn (15) ... aside to avoid a foe, to greet or (1125) gain a friend. In his nature there was no compromise. To him there were but two paths, | the right and the wrong He was ma- ligned, misrepresented, and misunderstood, but he would not answer. He knew that character spoke louder than any words. || He was as silent then as he is now, and his silence, better than any form of speech, refuted every charge. He was an Amer- ican, (16) ... proud of his country, that was and ever will be (1200) proud of him. He did not find perfections only in other lands. He did not | grow small and shrunken, withered and apologetic, in the presence of those upon whom greatness had been thrust by chance. He could not be overawed || by dukes or lords, or flattered into vertabraeless subserviency by the patronizing smiles of kings. In the midst of conventionalities, he had a feeling of (17) ... suffocation. He believed in the royalty, of man, in (1275) the sovereignty of the citizen, and in the matchless greatness of this Republic. He was of | a classic mold, a figure from the an- tique world. He had the pose of great statues, the pride and bearing of the intellectual Greek, of || the conquering Roman ; and he stood in the free air as though in his veins there flowed the blood of a hundred kings. And as (18) ... he lived he died. (1350) Proudly he entered the darkness, or the dawn, we call death. Unshrinkingly he passed beyond the horizon, beyond the twi light's purple | hills, beyond the utmost reach of human harm or help, to that vast realm of silence or of joy, where the innu- merable dwell, and he || has left with us his wealth of thought and deed, the memory of a brave, imperious, honest man, who bowed alone to death." ... (1423)
24 LIFE IXMTIiAXCE CORRESPONDENCE.
BOSTON, MASS., Jan. 18. 18x4. THOS. J. FINXKY, ESQ.. 7. M'anager U. >S. Ins. Co., Chicago, III.
Id T\° t ••
, Dear >\ir —
words per In acknowledging payment made me by | the U. S.
minute. Life Ins. Co., through you, of $12,000, being in full of your Policy No. 40,107, upon the life of my || late husband. Peter Winter, who expired in August of last year, I feel that it is due to you
(75) that I should express my admiration of (1) ... your company's prompt method of doing business.
Notwithstanding completed proofs were only put into your hands on the 25th September, yet I am advised by | your agent, under date of the 29th, just four days following, of his having certificate in hand ready for payment. The information that I would || be entitled'to the full amount of the policy, with accu- mulations, without any discount whatever, was a pleasant sur-
(150) prise to me, I c:in assure you, (2) ... and further in the fact that it was not due according to contract until October 15th, and has been already paid.
The company that discharges | its obligations with such alac- rity, and in such an efficient and business-like manner, is surely entitled to the most favorable consideration and generous patronage || of the public. My husband held insurance with several other associations, proofs of which were furnished at the
(225) same time, but yours is the first (3) ... to make settlement. Three annual premiums only had been paid, the last one but a few days in advance of his departure for the other | world. At such a time, when under the shadow of a great sorrow, 1 can ap preciate your kindness to the fullest extent.
Please tender my || sincere thanks to the officers of your ex cellent organization, and believe me,
Gratefully and respectfully,
(293) JOSEPHINE WIXTKR, Executrix. (4) ...
25
CROWDING THE SHORTHAND MARKET.
A"\7E have heard a great deal «aid upon the subject of " crowd- ing the market" — the shorthand market, the writers', aval the amanuenses' market — and we | have a word to say in return.
First, starting out with the assertion that there is no danger of over crowding the market with good \\ writers — men and women who understand their business, and are willing to attend to it, let us see who they are who are continually complaining • and fretting, while forecasting a time to come which shall (through a surplus of writers) rob them of their present happy income
Though comparatively new, (1) ... the field for shorthand work is already immense, and the ranks of the thousands employed in forming the mystic signs for a livelihood assume proportions | to-day of which the most sanguine imagination could scarcely have dreamed a few short years ago. It may be safely assumed that one thousand || writers of the art are to-day engaged in New York City and Brooklyn alone. Who are they ? As we know them, they are workers mostly; • men and women who have worked steadily into their positions, who fill them creditably, who draw fair salaries, and who are slowly but surely working (2) ... up to something better and to something higher in their chosen profession.
You never hear them, complain of the danger of an over- crowded market. Very | few of them that we know but have their eye upon the uppermost round of the ladder, and are working to get there. They are || of what we might term "middle-class" stenographers. They are looking toward the r Mii'ts, perhaps already assisting some official, or they are look- ing for a • newspaper appointment, or the "head" stenogra- pher's position with their own or a neighboring house, and for a proportionate increase of salary in the advanced position (3) ... And each one, as we know them, is willing, and expects, as he steps down and out to something better, that his place shall be | filled by another, and that that other shall come from the ranks below him, the unskilled amanuensis or the student. No, you never hear these \\ men or these women complain of the danger
100
words
per
minute.
(100)
(200)
(300)
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of an overcrowded market, and they are of the larger class of our workers to-day. They are • too busy to complain.
Did you ever know a court reportejr to deliberately express
(400) himself as uneasy upon this point, or fearful lest his place (4) ... should be usurped and his honors worn by a younger man? No, sir. The firstrdass court reporter is also of the workers of to- day, | and his hands are too full with the actual requirements of to-day to bother with the possibilities of to-morrow.
More than this. Every writer hi || our courts to-day is a self- made, man ; a man who had his own metal tried to the utmost before he reached the position to which • he has attained, and, as such, he not only feels that positive reliance in self which
(500) assures him of his ability to hold his (5) ... own against all out- siders as long as he may wish; but, if he sees a younger brother from the ranks of the amanuenses below slowly | and laboriously making his way toward something higher, his aim is to help the climber, rather than to retard him, in his progress upward. || Your court writer of to-day knows that, as the years go by, he will relinquish his place to a younger man. He does not ex- pect, • he does not hope, he does not wish, forever to keep up his present tread-mill, weary life, a life which is, perhaps, already
(600) becoming (6) ... to him irksome and unsatisfactory. He is look- ing for a competence, and for a day when he can cease his labors, or so enlarge his | field as to do only the supervising, with a corps of the "climbers" below him to assist him and to learn " the ropes," and perhaps || to finally allow him to with- draw altogether from the field.
It is only the " sticks" who do the grumbling. Men who have attained to • a certain point just upon the outer edge of sue and men who, through lack of ability, determination, self-
(700) reliance, energy, and what is very appropriately termed (7) ... "American grit," will never, and can never hope to, attain to any thing better than the smallest and most transparent shadow of success in a profession | to which they do no honor, and which can never be a credit to them.
Do not be a stick. If you are a phonographer, || be a good one. What has been reached is waiting for you. Attend to your duties, and attend to. them well. Do every thing a little • better than you are expected to. Climb ! Progress, slowly, per- haps, but surely. Consider nothing too great and no point too
27
high for you to attain. (8) ... Better place your mark at 300 (800) words and never reach it than to be able to write 125 and stop, thinking you have | accomplished wonders.
If you look at it in this way, you will not be -a stick. You will have your hands full to the brim, || and you will not be of that dangerous, non-progressive class who are ever over-fearful of a crowding of the stenographic market, and whose hands • and minds are so filled with foolish fears for the morrow that they accomplish nothing for themselves to-day. (893)
I
"AN END OF ALL PERFECTION."
HAVE seen a man in the glory of his days and the pride of 100 his strength. He was built like the tall cedar that | lifts its words head above the forest trees; like the strong oak that strikes its mfnufe root deeply into the earth. He feared no danger; he felt || no sickness; he wondered that any should groan or sigh at pain. His mind was vigorous, like his body, he was perplexed at no intricacy; • he was daunted at no difficulty ; into hidden things he searched, and what was crooked he made plain. He went forth fearlessly upon the face (1) ... of the mighty deep; he sur- (100) veyed the nations of the earth; he measured the distance of the stars, and called them by their names; [ he gloried in the ex- tent of his knowledge, in the vigor of his understanding, and strove to search even into what the Almighty had concealed. || And when I looked on him I said: "What a piece of work is man! how noble in reason! how infinite in faculties! in form.' and moving how express and admirable! in action how like an angel! in apprehension how like a God!"
I returned — his look was no more (2) ... lofty, nor his step (200) proud; his broken frame was like some ruined tower; his hairs were white and scattered; and his eyes gazed vacantly upon | what was passing around him. The vigor of his intellect was wasted, and of all that he had gained by study nothing remained. He feared [| when there was no danger, and when there was no sorrow he wept. His memory was decayed and treacherous, and showed him only broken images j of the glory that was departed. His house was to him like a strange land, and his friends were counted as his enemies; and he (3) ... thought himself strong (300)
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and healthful while his foot tottered on the verge of the grave. He said of his son: " He is my brother;" of | his daughter, ' I know her not;" and he inquired what was his own name. And one who supported his last steps, and ministered to his || many wants, said to me, as I looked on the melancholy scene: " Let thine heart receive instruction, for thou hast seen an end of all • earthly perfection."
I have seen a beautiful female treading the first stages of youth, and entering joyfully into the pleasures of life. The
(400) glance of (4) ... her eye was variable and sweet, and on her cheek trembled something like the first blush of morning, her lips moved, and there was | harmony; and when she floated in the dance her light form, like the aspen, seemed to move with every breeze.
I returned — but she was || not in the dance ; I sought her in the gay circle of her companions, but I found her not. Her eye sparkled not there — the | music of her voice was silent — she rejoiced on earth no more. I saw a train, sable and slow-paced,
(500) who bore sadly to the (5) ... opened grave what once was ani- mated and beautiful. They paused as they approached, and a voice broke the awful silence: " Mingle ashes with ashes, dust | with its original dust. To the earth, whence it was taken, con- sign we the body of our sister." They covered her with the damp soil || and the cold clods of the valley; and the worms crowded into her silent abode. Yet one sad mourner lingered, to cast himself upon the • grave; and as he wept he said: " There is no beauty, or grace, or loveliness, that continueth in
(600) man; for this is the end of (6) ... all his glory and perfection. "
I have seen an infant, with a fair brow and a frame like pol- ished ivory. Its limbs were pliant in [ its sport*; it rejoiced, and again it wept; but whether its glowing cheek dimpled with smiles, or its blue eye was brilliant with tears, still || I said to my heart : '' It is beautiful." It was like the first pure blossom, which some cherished plant has shot forth, whose cup is j filled with a dew-drop, and whose head reclines upon its parent stem.
I again saw this child when the lamp of reason first dawned
(700) (?) •*•- i]1 its mind. Its soul was gentle and peaceful; its eye sparkled with joy, as it looked round on this giod and pleasant world. It | ran swiftly in the ways of knowledge; it bowed its
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ear to instruction ; it stood like a lamb before its teachers. It was not proud, || or envious, or stubborn; and it had never heard of the vices and vanities of the world. And when I looked upon it I remembered • that our Savior had said: " Except ye become as little children, ye can not enter into the kingdom of heaven."
But the scene was changed, and (8) ... I saw a man whom the (800) world called honorable, and many waited for his smile. They pointed out the fields that were his, and talked | of the silver and gold that he had gathered; they admired the stateliness of his domes, and extolled the honor of his family. And his || heart answered secretly: " By my wisdom have I gotten ail this;" so he returned no thanks to God, neither did he fear nor serve him. • And as I passed along, I heard the complaints of the laborers who had reaped down his fields, and the cries of the poor, whose (9) ... covering he had taken away; but the sound (900) of feasting and revelry was in his apartments, and the unfed begger came tottering from his door. | But he considered not that the cries of the oppressed were continually entering into the ears of the Most High. And when I knew that || this man was once the teachable child that I had loved, the beautiful in- fant that I had gazed upon with delight, I said in my j bitter- ness: "1 have seen an end of all perfection;" and I laid my mouth in the dust. — Mrs. Sigourney. (992)
SPEECH OF HON. GEO. H. PENDLETON.
THE DEMOCRATIC PARTY.
i no \\7HAT is the Democratic party which these men so slander?
It is the party of the Constitution. It believes the highest ^ duty, as the greatest | safety, is obedience to its mandates. It minute. believes the powers of the Federal Government are all granted, and those not granted are reserved to the || states and the peo- ple. It believes in simplicity, economy, purity of administra- tion. It believes in an "indissoluble union of indestructible states." It Believes principles endure, | while policies should change with each new phase, of varying conditions. It believes administration is never perfect, but can always be improved, al- nOOl ways be reformed. (1) ... It believes in the people, their wisdom, their honesty, their devotion to the common weal — greater than
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that of any one man — and therefore it | believes in constant re- currence to the people, that parties and policies and administra* tions may have a new inspiration of vigor, courage and loftier aim.
When || Washington retired from the Presidency, and party spirit assumed activity, the Democratic party, already organized, came into the field. Jefferson's inaugural proclaimed the creed of | the Democratic triumph. The vital truths of that creed a ivanced by succeeding generations, even as increasing vigilance
(200) fed the vestal fires, inspire its life and (2) ... action to-day. It is the party of Jefferson, and Madison, and Monroe, and Jackson, and Polk; it gave to us Louisiana, and Florida, and Texas, | and New Mexico, and California; a hundred years ago, laying aside kingcraft on the one side, and mere confederation on the other, it made this || Constitution, and for sixty years so administered it that in the Government during all that time there was no law higher than the Constitution itself. • It is the party which, in stoim and tempest and wintry blast, has stood like the ocean
(300) rock, unmoved and immovable, while around its base (3) ... all other parties, the things of a day, the boasted Republican party included, have surged and swayed with uneven and incon- stant motion, like waves which | obey the fitful bidding of the fickle moon. The spray may have covered it to the sides; the waters may have washed its summit, but || every pause of the storm has shown its light unquenched, pointing out with undi- minished luster the rocks of danger and the channels of safety. Its • history of sixty years of glorious administration, in peace, in war, in prosperity, in distress, in protecting the rights of every
(400) citizen abroad, in carrying (4) ... our flag and upholding its honor in every land, in building up American shipping, in developing American commerce, in fulfilling every National promise to the | world, and every party promise to the people has justified its fame.
THE REPUBLICAN PARTY.
And this Republican party, what is it? It is a thing of yes- terday, || it was born in 1860. It first drew breath in the throes of revolution. Its leaders thrive on the abuse, and excesses which, though • flagrant, were tolerated. They would not have it a constitutional party, for every hour of its existence (500) they cited a higher law for every wrong (5) ... they wished to do.
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They have masqueraded as the friends of freedom, of emancipa- tion. It is time to strip the mask. The Crittenden resolution, voted | for by every Kepublican member of Congress, declared that not the emancipation of slaves, but the preservation of the Union, was the object of the || war. Mr. Lincoln, halfway along in his administration, declared that war was waged to restore the Union as it was, and we all know | it was part slave and part free. Mr. Lincoln, when the preachers urged the proclamation of emancipation, replied that it would have no greater legal (6) ... or physical effect than the Pope's bull against the comet. (600)
These leaders encouraged enmities and hatreds and suspicion among their fellow-citizens of the North. | They prostituted the idea and the words of love and loyalty to country, making them synonymous with support of their party. They plunged the country || into enormous unnecessary debt, disordered the finan- cial and economic systems, and have never ceased to claim the credit to themselves that the benefactions of heaven • and the tremendous energy of the people, through unparalleled suffer- ing, have in twenty years restored specie payment and paid off a great portion of the (7) ... public debt. These modest leaders (700) arrogate to themselves all the credit of every good which hap- pens to the country during a Republican administration — the shining | sun, the falling rains, the abundant crops, the healthful seasons.
And my worthy colleagne, Senator Sherman, went further than I have elsewhere noticed. He said || at Ashland, in laudation of the great feats of the Republican party : " The excess of taxes is so lightly borne that no considerable portion of • the people complain of them, and no general demand is made for the repeal of any of them. Indeed it is a marvelous feature of (8) ... our (800) condition that to repeal taxes is more unpopular than to retain them, and some of these taxes are themselves a means of pros- perity, and | not a burden complained of by any."
Does not an assertion like that tempt one to say of these lead- ers, that under their guidance " the || Republican party, so far as principle is concerned, is a reminiscence.- In practice it is an or- ganization for enriching those who conduct its machinery."
This | party has been in possession of power twenty-four years. Should it be kept longer in power ? /-ccm
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FORFEITURE CONTRACTS AND MORTGAGES.
a \ 7ERY few contracts and mortgages are being foreclosed in Southern California. The land owners are giving exten- sions of time to all who manifest any disposition to | pay either interest or principal. The fact is, the interpretation of the courts in the matter of land contracts is all in favor of the || buyer. The statutes of California distinctly state that when money has been paid upon real estate, no matter what forfeiture clauses may be contained in • the instrument representing the sale and purchase, the equity of the purchaser must be pro- tected. In other words, the mere fact that the instrument con- tains (1) ... a forfeiture clause, whether recorded or not, does not empower the seller to declare such forfeiture, except after due process of law. To undertake a | foreclosure ties up the property for at least nine or ten months. Therefore, if pur- chasers manifest a desire to meet their payments, sellers are easy || with them.
"I had about forty contracts in my possession a short time ago," said an attorney, " and we did not enter suit in a • single case. Just what recourse a purchaser would have whose con- tract is not of record, in case it was declared forfeited and sold to an (2) ... innocent party, is notquite clear. The actual second purchaser, being an innocent purchaser, would manifestly main- tain possession. I do not know what standing in | court the de- faulting purchaser could establish. He would certainly be at a disadvantage, as he would be obliged to bring his suit in a court || of law, which is a very different thing from bringing it in a court of equity.
"There is a second remedy that the seller might | resort to, and it is strange it has not become a common course of proced- ure. The statute provides that the measure of damages in a (3) ... violation of a contract of sale shall be the difference be- tween the selling price at the time of such violation of contract and the selling [ price at the time of executing the agreement. That is to say, if a contract of sale of a lot a year ago was made || on the basis of $1,000, and the lot was worth only $300 to-day, the measure of damages would be represented by $700, • less the amount already received. If the party declining
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to fulfill the contract were solvent, the seller would have a valid claim against him (4) ... for the difference, as above indicated. (400) This, I think, would apply to contracts assigned to other parties against the original parties to the agreement." (424)
PETITION IN A SUIT FOR DAMAGES.
Frances Hayes, Pltf., 1 Couft of Common H
vs. , ,. /-,..-, 1UU
'"THE plaintiff, complaining of the defendant, respectfully minute- shows to this honorable court, as follows:
First. That the above named defendants are a corporation || created by and under the laws of the State of New York, for the purpose of carrying and transporting passengers through cer- tain streets and avenues • in the city of New York, and, at the time hereinafter named and mentioned, were common-carriers of passengers in said certain streets and avenues, (1) ... as afore- (100) said.
Second. That the above named plaintiffs avocation and only means of employment is that of selling and disposing of news- papers in said city | of New York.
Third. That on or about the 20th day of October, 1884, in the afternoon, this plaintiff, while crossing Chatham street, near || Center street, in said city of New York, in the transacting of her said business, was violently thrown down and run over by one of | the horse-cars of said defendants, solely and wholly by and through the sheer carelessness and negligence of the driver of said horse-car, who (2) ... was at that time in the employment (200) and service of said defendants as driver of said horse-car.
Fourth. That in consequence and by reason | of the facts al- leged in the above third paragraph, this plaintiff was much in- jured in her body and made ill, and for some time after || and still remains ill and nervous, owing to the shock she then sus- tained, and has been damaged in the sum of one thousand dollars.
Wherefore, • this plaintiff prays relief from this court by dam-
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ages against the defendant in the sum of one thousand dollars, be- (300) sides the costs and disbursements of (3) ... this action.
T. FRANCIS GIBBOXS, Plaintiff's Attorney.
City and County of New York, ss :
Frances Hayes, of said city and county, being duly sworn, | deposes and says that she is the plaintiff in the above action ; that she has read the foregoing complaint and knows the con- tents thereof, and || that the same is true of her own knowledge, except as to the matters therein stated to be alleged on informa- tion and belief, and as j to those matters she believes them to be true. \.VJ7) Sworn to before me, this 22d day of November, 1S84.
AUGUST \V AKTEKLIXG.
ANSWER TO A PLAINTIFFS PETITION.
100 Robert H. Peabody )
wnrd-1 vs > City Court of Brooklyn,
per Theodore K. l\o.<s. )
minute '~pHE above-named defendant, by Moore Bros. & Clarke, an- swering the complaint of the plaintiff, | respectfully states and shows to this court :
I. He admits the making of two certain promissory notes, one of $13U and one of || $l30.2.r> respectively ; although on their face purporting to be for value received by him, but in reality for no value • or consideration except under an agreement entered into with the plaintiff, as will more fully appear hereafter. (100) II. Defendant further answering, and as a separate (1) ... an-
swer and d"iens,', alleges that on or about the 2d day of Febru- ary, 1882, the plaintiff recovered a judgment against a manu- facturing company, | known as the '' Whitestone Building Com- pany," for the sum of $160.25, and held a claim against said company for $'.00; that || at the time of the said entering and re- covery of the said judgment, and subsequent thereto, this de- fendant was employed by said company as superintendent; • that whilst he was so acting numerous judgments were obtained against the said company, which could not be all satisfied, the (200) property of the said company (2) ... having been sold under
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execution prior to the recovery of the above named judgment; that in order to be able to get parties to revive the | said com- pany, this defendant was delegated to wait on the .various cred- itors of the said company, and so did, among which was the plaintiff, and || get him to release or suspend his judgment and claim thereunder. That in order to do so, this defendant gave his said notes as aforesaid • under the agreement which was then made, that the defendant was to take an assignment of the said judgment, which this defendant then did, and (3) ... in (300) addition to which this defendant was to hold the judgment tin- der the said assignment in his name for about sixty days, in order to | give the said company a chance to reorganize. And it was further agreed that if such time, or in a reasonable time thereafter, the || said company failed to reorganize, then the de- fendant was to re-assign the said judgment, and the plaintiff was to deliver the said note to the • defendant, or if the said com- pany reorganized, then this plaintiff was to receive the amount of one of the said notes in cash from the (4) ... said company (400) through this defendant, and the balance in stock of said com- pany, which the plaintiff then and there agreed to do.
III. That the | said company failed to reorganize within the said time, and immediately thereafter the defendant tendered under his agreement a re-assignment of the aforesaid judgment to || the said plaintiff, who refused to accept the same or deliver up the notes to this defendant, though it was further and dis- tinctly understood between • the plaintiff and the defendant that the said plaintiff was not to hold the defendant on the said notes, but to hold his claim and (5) ...judgment against (500) the said " Whitestone Building Company."
Defendant further answering, alleges that the said plaintiff has and holds a judgment against the said company for | the sum of $160.25, as part of the amount for which the said notes were given, as appears by the records in the || office of the clerk of the City and County of New York; that the said notes were merely given as vouchers for the assignment, and | the plaintiff agreed with the defendant not to use the said notes except as above set forth, and in pursuance of the above agreement, and (6) ... upon the conditions therein stated. (600)
Defendant further answering denies each and e'very allega-
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tion in the said complaint not hereinbefore specifically contro- verted, admitted, or denied.
Wherefore, \ he demands that the said complaint be dismissed with costs. (642) MOORE BROS. & CLARKE, Attorneys for Defendant.
LEGAL CORRESPONDENCE.
CINCINNATI CATHEDRAL, Nov. 17, 1883. JOHN B. MANNIX, ESQ., ASSIGNEE (OF THE) MOST REV. ARCHBISHOP
PURCELL : Dear Sir : 100 JT is well known to you I that I have taken no part in the liti-
i *•
gation which has been going on between you as assignee (of
minute ^ie) ^os* ^ev- Archbishop and the || various congregations and educational and charitable institutions. The assignment was made, suit commenced, and the lawyers were employed before I came to the diocese, • I understood that the clergy and laity, without advancing an obligation of justice, through their regard for the Archbishop, attempted to make provision for the pay-
(100) ment(l) ... (of the)debt; but they feared the debt was so ex- ceedingly great, and the amount of property so very small, that any attempt to pay | even a considerable portion of it by any means in their reach would end in failure. On the other hand, the churches and other institutions, || as is claimed by the con- gregations, were built by them and the money (of the) Most Rev. Archbishop, or of his brother, was not used | therein. Thus, irrespective of any legal claim the creditors may have, re- sulting from the fact that the property stood in the name of John
(200) B. (2) ... Purcell, his heirs and assigns, I do not see that I have a right (to) put upon the churches and charitable institutions an obligation (to) | pay the debt. I felt, however, a sympathy for the creditors, and have puf. my sympathy in practice by doing what 1 could. I have || always intended to do more than I have, and I am willing to do it now. I think it is admitted that the suit which | has lately been determined in the District Court of Hamilton county, was prepared and presented (to the) court
(300) with great care and ability by distinguished (3) ... counsel on
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both sides. The Court took due time for deliberation, and they have decided it in a long and learned opinion. While there are | parties on each side (of the) case, who are not satisfied with the decision, and who think they might gain by further litiga- tion, yet most || of those whom I have heard express an opinion, believe the decision is, on the whole, just, and that it were well to remember. I j am informed that the expense of'further lit- igation will be very heavy, and it must be paid from the moneys now on hand for the (4) ... creditors. If you, as representing (400) the creditors, would be willing to let the case rest where it is, I will do all that I can | to bring about a result as favorable as pos- sible (to the) creditors.
The clergy (of the) diocese, from the beginning, declared unan- imously, at a meeting || called to consider the matter, that so far as any money of the Archbishop or of his brother was expended upon any of the churches • or institutions, which had not been refunded, it should be repaid by the congregation or institution owing it, and the particular property should be held (5) ... there- (500) for. This is, as I understand it, substantially what the Court has decided, and to this the churches and congregations adhered, so that all such | sums will be paid without any litigation.
The Court has also decided that, for some (of the) institutions, as the Cathedral, Seminary, and the Orphan || Asylum, their ac- counts should be examined, and it should be ascertained how much they may owe for moneys disbursed to them by the Most Rev. • Archbishop and his brother. I understand that, for want of accounts and records preserved, it will be exceedingly difficult, if not impossible, to come to (6) ... any well-grounded conclusion (600) in at least some (of the) cases^ I will be glad to use all my in- fluence and exertions without disputing the | matter, and the reverend clergy and laity are disposed to exert themselves for obtaining the largest sum in our power to collect, and I believe || the creditors will receive more than a Master in Chancery could find any sufficient reason for rewarding them.
I submit the foregoing to your prudent • consideration, and have the honor to remain your obedient servant, WM. H. ELDER,
Archbishop of Cincinnati. (691)
452277
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THE REAL ISSUE IN THE CAMPAIGN.
TT is extremely difficult, not to say impossible, to condense in
one short article the real differences between the two parties now organized for a | contest in the Presidential campaign. That it involves free trade on one side and a prohibitory tariff on the other is a fact to be || gathered from charges made on one side against the other, and earnestly denied by both organizations as applied to themselves. When we analyze the two j platforms with care, we find the Democrats confine themselves to a reduc- tion of a war tariff to the economical wants of a government in a(l) ... time of peace, with no assertion whatever looking to free trade. And if we examine as closely the Republican decla- ration, we learn that the contest | is put upon a hypothetical proposition which says that rather than have their protective tariff destroyed they would wipe out the internal revenue and raise || duties to a prohibition.
In this it will be observed that both sides agree that the rev- enue is greatly in excess of the government wants • and ought to be reduced. This narrows the contention to the means through which the end agreed on shall be accomplished. The Democratic party demands (2) ... that the tax shall be taken from the nec- essaries of life, leaving luxuries to bear the burden ; while the Republicans hold to the law as | it is, and would liberate to- bacco and liquor.
If the canvass were confined to this issue, it is so plain that little discussion would be || called for. The voters of the United States, thanks to our common schools and a powerful and widely circulated press, are intelligent, so that few • words are neces- sary to make so plain a contention exceedingly clear.
Unfortunately for us, the issue is clouded and obscured by matters that pertain to (3) ... the subject in the abstract, and more unfortunately by claims and charges that have little fact and less logic to sustain them. We have the | country divided nearly equally between two parties fiercely bent on securing a victory to one side or the other, and as the contest grows heated || neither side is nice as to the means by which this result is ob- tained. The press is as much divided as the people they ad-
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dress, • and as each organization clings to its own journals it is almost impossible to have both sides heard.
Another difficulty attends any attempt at a (4) ... free, fair and (490 , frank discussion of this measure of revenue reduction. Tim- was in the history of our government when a contention between parties as | to the administration of the General Government turned on purely political matters of an abstract sort. Of course, they affected one way or another the || policy of the administra- tion, and let what party soever succeed, the success had no other result than a defeat of the opposite organization's idea of • the better sort of a political administration. Since the late Civil War all this has changed. A change of policy directly affects all the moneyed (o) ... and material interests of the country. In (500) other words, the government erected by the fathers has passed from a political structure built mainly to keep | the peace be- tween states, protect us as a nation from foreign aggression, to secure, so far as its limited jurisdiction can, to every citizen his || rights to life, liberty, and the lawful use of his property, to a commercial affair, that undertakes to not only influence but di- rectly guide the | moneyed and material business of the people. The government has come to be, what the monarchies of Europe are, paternal. It seeks to do something (6) ... for every body, (600) with the natural result of great benefit to a few and a grave in- jury to all.
A change of policy then, especially one | that looks to a resto- ration of the government to the political basis of its framers, in- volves, besides a change of policy of a political sort, || the mate- rial interests to the extent of millions, invested not only under direction of the government, but insured success by the payment of bounties gathered | from the taxes levied upon the labor and property of all the people. This is called the business relations; and when a Republican says we (7) ... are disturbing such busi- (700) ness relations, he tells the truth, and his zeal can be measured by the amount he has invested and the premium the | govern- ment has agn ed to pay him out of the pockets of the consum- ers. That such interested party will be loud in his denuncia- tions, and not || particular in either his abuse or assertion of fact, is not to be wondered at.
This is written in no spirit of anger. The protectionist • is not to be blamed. He has taken advantage of the situation, and
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made his investment in accordance with the law, and is no more
(800) (8) ... to blame for the criminal system under which he grows rich than the slave-holders of the South were for the slavery sanctioned by law | and sanctified by usage upon which they lived. That was for its day the business relation which at first a handful of fanatics, and afterward || the people of the United States, sought to disturb, not by argument but by the bayonet. We have lived to be thankful that that business • relation was wiped out how much soever we may lament the gallant dead and
(900) the wasted treasure. And the time will come when all the (9) ... people will rejoice to see this business relation — a darker evil than that of slavery — eliminated from the land. It is a darker evil; for | while the Southern system of unrequited toil enslaved the blacks, this system is reducing white labor to slavery, and we revenue-reformers, or free-traders, || if we may so be called, are making our fight for our own race, whose misery keeps pace with our prosperity, and we can measure • our present progress not only by the palaces of millionaires, but by the huts and hov- els of oppressed labor.
(1000) The parallel between that business relation (10) ... of slavery and this business relation today is yet more strongly marked in the anxiety to keep down all discussion and avoid all agitation of | the subject. We of the South protested against all agitation, for we had the gravest reason to fear the worst. We were not the authors || of the slave system. It had been forced upon us, and the mere fact that it could exist made agitation such a terri- ble menace, for • it meant appeals to a race capable of being en- slaved, and capable therefore of all such a condition made possi- ble in a servile insurrection.
(1100) In (11) ... like manner our moneyed friends deprecate agi- tation. In their efforts in this direction they have very nearly succeeded in making the term free-trader as | obnoxious as was that of abolitionist before the war. They feelingly attribute the depression in trade to this agitation. " These free-traders are seeking to || disturb the business relations," they cry. " No man will invest in any enterprise so long as the country is menaced by such cranks and fanatics." •
How absurd, how laughable this is, one learns by considering the measure introduced by the Ways and Means Committee of
(1200) the House, over which all (12) ... this disturbance arises. The
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fact is, however, the trouble is not in the measure before the House, but in a subtle, ill-defined fear that | if a popular agita- tion is had, the people will come to learn what a fraud and ex- tortion this tariff system is. Such agitation will bring || out the f;ict that instead of aiding on the real prosperity of the country, it is its deadly enemy. The people will find that it j has rob- bed us of the carrying trade upon the high seas, and driven our flag back from the furthest reaches of civilized and savage life
(13) ... the world over, to within the limits of our own land (1300) They will learn that while it protects capital, arresting compe- tition in its behalf, it | leaves labor to compete with the very pauper labor of Europe; for our ports are open, and millions of
these poor people are admitted to || contest the rags and food awarded by these favored few to the toiling thousands, for it is a fact, not to be denied, that the • poorest paid labor of the United States is this so-called protected labor. They, the peo' pie, mostly agriculturists, will learn through this agitation that
(14) ... this system of protection leaves the farmer to sell under (I4u()) free trade all that he produces, for the market for his produce is
in Europe, | where he competes with the lowest form of pauper labor; while all that he purchases — his clothes, the material for his fences, shelter, and iron, || glass, furniture, and all that gives him and his stock shelter is augmented to twice its value by the tariff'.
Small wonder then that they, • these advocates of a high tar- iff, instinctively shrink from agitation. It is said that in some parts of the Andes the travelers climbing the perilous (15) . „ (1500) heights have to creep along noiselessly, not daring to utter a word, lest the slightest disturbance c f the atmosphere will bring upon them an avilanche | that will bury them in death. ..." —Hon. Roger Q. Mills. (1531)
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CRIME ITS OWN DETECTER.
].>5 KXTU.U'T rUOM AX AKIiUMKXT UY DANIKL WEIJSTER.
words A GAINST the prisoner at the bur, as an individual, I can not have the slightest prejudice. I would not do him the smallest injury or injustice. | But I do not affect to be in- different to the discovery and the punishment of this deep guilt. I cheerfully share in the opprobrium, how || much soever it may be, which is cast on those who feel and manifest an anxious concern that all who had a part in planning, j or a hand in executing, this deed of midnight assassination, may be brought to answer for their enormous crime, at the bar of public justice, f Gentlemen, this is a most extraordinary case. In some re- spects, it has hardly a precedent anywhere — certainly none in (125) our New England history. An aged (1) ... man, without an en- emy in the world, in his own house, and in his own bed, is made the victim of a butcherous murder, for | mere pay. Deep sleep had fallen on the destined victim, and on all beneath his roof. A healthful old man, to whom sleep was sweet || — the first sound slumbers of the night hold him to their soft but strong embrace.
The assassin enters through the window, already prepared, into an | unoccupied apartment; with noiseless foot he paces . the lonely hall, half lighted by the moon ; he.winds up the as- cent of the stairs, and reaches the f door of the chamber. Of this he moves the lock, by soft and continued pressure, until it (250) turns on its hinges, and he enters and (2) ... beholds his victim hefore him. The room was uncommonly light. The face of the innocent sleeper was turned from the murderer, and the beams of | the moon, resting on the gray locks of his aged temple, showed him where to strike. The fatal blow is given, and the victim passes, || without a struggle or a motion, from the repose of sleep to the repose of death. It is the assassin's purpose to make sure work, '• and he yet plies the dagger, though it was ob- vious that life has been destroyed by the blow of the bludgeon. He even raises the f aged arm, that he may not fail in his aim at the heart, and replaces it again over the wound of the poniard. (375) To finish (3) ... the picture, he explores the wrist for the pul-e. He feels for it, and ascertains that it beats no longer. It is ac-
43
complished; the deed | is done. He retreats, retraces his steps to the window, passes through as he came in, and escapes. He has done the murder ; no eye has seen him, no ear has heard him ; the secret is his own, and it is safe.
Ah, gentlemen, that was a dreadful mistake. Such • a secret can be safe nowhere. The whole creation of God has neither nook nor corner, where the guilty can bestow it and say it f is safe. Not to speak of that eye which glances through all dis- guises, and beholds every thing as in the splendor of noon — such secrets of (4) ... guilt are never safe. " Murder will out." True (500) it is that Providence so ordained, and doth so govern things, that those who break the great | law of Heaven, by shedding man's blood, seldom succeed in avoiding discovery. Especially in a case exciting so much attention as this, discovery must, and || will come, sooner or later. A thousand eyes turn at once to explore every man, every thing, every circumstance, connected with the time and place ; • a thousand ears catch every whisper; a thous- and excited minds intently dwell on the scene, shedding all their light, and ready to kindle the slightest f circumstance into a blaze of discovery. Meantime, the guilty soul can not keep its own secret. It is false to itself, or rather it feels an (5) ... ir- (625) resistible impulse of conscience; it labors under its guilty pos- session, and knows not what to do with it. The human heart was not made for | the residence of such an inhabitant ; it finds itself preyed on by a torment which it dares not acknowledge to God or man. A vulture || is devouring it, and it asks no sym- pathy or assistance either from Heaven or earth. The secret which the murderer possesses soon comes to possess j him, and like the evil spirit of which we read, it overcomes him, and leads him whithersoever it will. He feels it beating at his f heart, rising to his throat and demanding disclosure. He thinks the whole world sees it in his face, reads it in his eyes, and almost (it) ... hears its workings in the very silence of his thoughts. It (750) has become his master; it betrays his discretion ; it breaks down his courage; it j conquers his prudence. When suspicions from without begin to embarass him, and the net of circumstances to entangle him, the fatal secret struggles with still || greater vio- lence to burst forth. It must be confessed; it will*be confessed; there is no' refuge from confession but in suicide, and suicide is • confession. (°-'J)
44
LIES AND LIARS.
KXTRACTS FROM A SERMON" 15 Y REV. T. DEWITT T.VLMAGE, D.D.
125 '"pHERE are ten thousand ways of telling a lie. A man's en- tire life may be a falsehood, while with his lips he may not minute once I directly falsify. There are those who state what is posi- tively untrue, but afterward say " may be so," softly. These de- partures from the truth are called || white lies, but there is reallv no such thing as a white lie. The whitest lie that ever was told was as black &s perdition. • There are men high in church and state, actually useful, self-denying and honest in many things, who, upon certain subjects, or in certain spheres, are f not at all to be depended upon for veracity. Indeed, there are multitudes of men who have their notions of truthfulness so thoroughly (125) perverted that (1) ... they do not know when they are ly- ing.
The air of the city is filled with falsehoods. They hang pend- ant from the chandeliers of our | merchant princes. They fill the sidewalk from curbstone to brown -stone facing. They cluster around the mechanic's hammer, and blossom from the end of || the merchant's yard-stick, and sit in the doors of our churches. . . .
There is something in the perpetual presence of natural ob jects to make a • man pure. The trees never issue " false stock." Wheat-fields are always honest. Rye and oats never move out in the night, not paying for f the place they have occupied. Corn-shocks never make false assignments. Mountain brooks are always " current." The gold in the grain is never counterfeit. (250) The (2) ... sunrise never flaunts in false colors. The dew sports only genuine diamonds. Taking farmers as a class, I believe they are truthful and fair in | dealing, and kind hearted. But the regions surrounding our cities do not always send this sort of men to our markets. Day by day there || creep into our streets, and about the market-houses, farm-wagons that have not an honest spoke in their wheels, or a truthful rivet from • tongue to tail-board. Neither high taxes nor the high price of dry goods, nor the exorbitancy of labor, could excuse much that the city f has witnessed in the behavior of the yeomanry.
Rural districts are accustomed to rail at great cities as given
45
up to fraud and every form (3) ... of unrighteousness; but our (375) cities do not absorb all the abominations. Our citizens have learned the importance of not always trusting to the size and | style of apples in the top of a farmer's barrel, as an indication of what may be found further down. Many of our people are || accustomed to watch to see how correctly a bushel of potatoes is measured, and there are not many honest milk-cans. Decep- tions do not all • cluster around city halls. When all cities sit down and weep over their sins, all the surrounding counties ought to come in and weep with f them . . .
A merchant can to the last item be thoroughly honest. There is never any need of falsehood. Yet, how many will, day by day. (4) ... hour by hour, utter what they know to be wrong. (500) You say you are selling at less than cost. If so, then it is right | to say it. But did that thing cost you less than what you asked for it? If not, then you have lied. You say that || the article cost you $25. Did it? If so, then all right; if it did not, then you have lied Suppose you are a • purchaser. You are beat- ing down the goods. You say ihat that article, for which $5 is charged, is not worth more than $4. f Is it worth no more than $4? Then all right. If it be worth more, and for the sake of getting it at less than (o) ... its value, you willfully depreciate it, (625) you have lied. You may call it a sharp trade. The recording angel writes it down on the ponderous | tomes of eternity: " Mr. So-and-So, merchant on Fulton street, or Broadway, or Water street; Mrs. So-and-So, keeping house on the heights, or the || hill, or on Madison avenue, or Rittenhouse square, told one lie." You may consider it insignificant because relating to an insignifi- cant purchase. You would despise | the man who would falsify in regard to some great matter in which the city or whole country was concerned; but this is only a f box of buttons, or a row of pins, or a case of needles. Be not deceived. The article purchased may be so small you can (6) ... put it in your vest (750) pocket, but the sin was bigger than the pyramids, and the echo of the dishonor will reverberate through all the | mountains of eternity.
There are mechanics whose word can not be trusted at any time. No man has a right to promise more than he can || do. There are mechanics who say they will come on Monday, but they do not come until Wednesday. You put work in their
46
hands that | they tell you will be completed in ten days, but it is thirty. There have been hoti-es built <>f which it might be said that f every nail driven, every i«nt of plastering. put on, every yard of pipe laid, every shingle hammered, every brick mor- (875) tered, could tell of a falsehood (7) ... connected therewith. There are men attempting to do ten or fifteen pieces of work who have not the time or strength to do more than | five or six pieces, but by promises never fulfilled, keep all the undertakings within their o\vn grasp. This is what they call " nursing tin- job." || How much wrong to his soul, and insult to God, a me- chanic would save if he promised only so much as he expected to be : able to do. .
There is a voice of thunder rolling among the drills and planes, and shoe-lasts and shears, which says: "All liars shall j have their place in the lake that burneth with tire and brimstone." 1 next notice ecclesiastical liars, that is, falsehoods told for the (1,000) purpose of (8) ... advancing churches and sects, or for the purpose of depleting them. There is no use in asking many a Calvinist what an Arminian believes, for | he will be apt to tell you that the Arminhn believes that a man can convert himself; or to ask the Arminian what the Calvinist || believes, for he will tell you that the Calvinist believes that God made some men just to damn them. There is no need of asking | a Pedobaptist what a Baptist believes, for he will be apt to say that the Baptist believes im- mersion to be positively necessary to salvation. It f is almost impossible for one denomination of Christians, without prejudice or misrepresentation, to state the sentiment of one opposing (1,125) sect. If a man hates Presbyterians, (9) ... and you ask him what Presbyterians believe, he will tell you that they belie\-<> that there are infants in hell a span long. It is | strange how in- dividual churches will sometimes make misstatements about other individual churches It is especially so in regard to false- hoods told with reference to prosperous || enterprises. As long as a church is feeble, and the singing is discordant, and the min- ister, through the poverty of the church, must go with | thread- bare coat, and here and there a worshiper sits in the end of a pew, having all the seat to himself, religious sympathizers of other j churches will say, " What a pity."
How long before we shall learn to be fair in our religious crit-
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icism ? The keenest jealousies on earth are (10) ... church (1,250) jealousies.
The field of Christian work is so large that there is no need that our hoe-handles hit. May God extirpate from the | world ecclesiastical lies, commercial lies, mechanical lies, social lies, and agricultural lies, and make every man the world over to speak truth with his neighbor. || Let us all strive to be what we appear to be, and banish from our lives everything that looks like deception, remembering that God will • yet reveal to the universe what we really are. (1,334)
CINCINNATI SOUTHERN RAILWAY INVESTIGA- TION.
TESTIMONY TAKEN- BEFORE THE COMMISSION OP THE CINCINNATI 125
SOUTHERN RAILWAY, NOVEMBER 22, 1878. words
A/TILES GREENWOOD, being called, was duly sworn by Mr. m^lle. Kilbreth, | and testified as follows :
Examined by Mr. Kilbreth, chairman of the Commission.
Q. What position did you hold on the Cincinnati Southern Railway? A. Trustee. I || have been elected Pi esiderit.
Q. When were you appointed a trustee? A. I can not tell the date. A reference to our books will tell you more | about that than I can.
Q. Were you a resident of the city when appointed ? A.I was at Avondale when appointed, but I had my vote f here.
Q. What were your expectations as to your compensation at the time of your appointment? A. It was said that it would be what it was (1) ... considered worth, more or less. (125)
Q. Did you, before that, have any practical experience in the construction or management of railways? A. No ; only what Americans learn | by seeing railroads, knowing what the work is, and being acquainted somewhat with machinery and its at- tributes.
Q. Was it your purpose, when appointed, to devote || your entire time to the Cincinnati Southern Railway ? A. So far as it was wanted.
Q. Were you at the time, or subsequently, engaged in any
48
Other | business; and if so, what ? A. Trying to manage my own business, or a portion of it.
Q. What business was that ? A. Iron founder.
Q. Did it consume f much of your time? A. All that was not wanted here.
Q. Was there more devoted to your own business than to (250) this business? A. At the commencement, (2) ... do you mean, or all the way through ?
Q. In the beginning, or the neighborhood of the beginning. A. Oh, I have spent nights here; I was | kept here seventy-two hours one time. We took a little sleep, and came back early in the morning.
Q. What part did you take in || securing legislation in Ohio, Kentucky, and Tennessee, for the construction of the Cincinnati Southern Railway ? A. I went up to Columbus, I think, two or th;ee | times; to Kentucky arid Tennessee, none, except the influence of our board and its agents.
Q. Do you remember how many different lines were surveyed for f the preliminary engineering work there? A. No, sir; we went over a good deal of ground to find the right hole to go (375) through. I considered (3) ... it better to spend five hundred thousand dollars in surveys, than to put down a million dollars of road and then have to take it | up. It is better to do so than to do like the Baltimore road, run on it for thirty years, and then have to take || it up.
Q, At the time these various surveys were ordered, had you any personal knowledge of the topography of the country through which the surveys | were to be made? A. Only from description.
Q. Among the several lines surveyed, what induced the adoption of the line finally selected by the board? A. It f was nearly straight, by our engineer's report,'and the best route we could get out of the many surveys.
(500) Q- What was the estimate of the (4) ... board as to the total
cost of the construction of the road from Cincinnati to Chatta- nooga? A. Our engineer, I believe, made it twenty millions, if [ I recollect right.
Q. Was your adoption of the line selected, and the b ginning of the work, contemplated and intended to bring the cost within ten 1| millions? A. It was all nonsense to talk about having
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the legislature, at this day and age, fix the amount to be put into a railway. •
Q. And that was your idea when the preliminary surveys were being made? A. I could not tell any thing about it* because I had not seen the f ground nor the profiles; and as we were all novices in the business, we had to depend upon our engineers.
Q. Then, before any expenditures were (5). ..made, you did not (625) expect the road to be built for as little as ten millions ? A. No, sir; particularly where there were four large rivers | to cross, and twenty-seven tunnels to build.
Q. Had you, at an/ time, conveyed to any tax-payer the idea that ten millions would complete || the road? A. Not to my knowledge.
Q. Can you tell for what reason the ridge route was selected, in preference to the Covington and Lexington route?j A. Be- cause we could not buy the other; if we could have bought it we did not want to buy- a lawsuit. I tried for f a while to get that road, but could not. And another reason is, we saved a * million and a half of money by going another (6) ... route, be- (750) cause we cut off the route twenty miles.
Q. Did the board make any effort to purchase, or otherwise to control the Kentucky Central? A. We | made an offer, and I was twelve months trying to get it, and had several talks with Mr. Pendleton about it. (796)
T
HE following story illustrates a difficulty into which the 125 court reporter sometimes finds himself. Its truth fulne" is words vouched for by the reporter who took down | the charge referred Per to. He does not say how he got out of the dilemma.
Judge Blank was noted for the way he got mixed || in his charges to the jury. On one occasion, a case was tried before him, the points of which may be briefly stated thus : Smith • brought suit against Jones upon a promissory note given for a horse. Jones's defense was " failure of consideration," heaver- ring that at the time off the purchase the horse had the glan- ders, of which he died, and that Smith knew it. Smith replied
50
(125) that the horse did not have the (1) ... glanders, but the distem per, and that Jones knew it when he bought. The judge charged the jury as follows:
"Gentlemen of the jury: Pay attention | to the charge of the court. You have already made one mis-trial of this case. You didn't pay attention to the charge of the court, || and I don't want you to do it again. I intend to mtke it so clear to you this time that you cannot possibly make • any mistake. This suit is upon a note given for a promissory horse. 1 hope you understand that. Now, if you find that at the f time of the sale Smith had the glanders, and Jones knew it, Jones can not re-
(250) cover; that's clear. Gentlemen, I'll state it again : If (2) ...you find that at the time of the sale Jones had the distemper, and Smith knew it, then Smith cannot possibly recover. But, gentle- men, I'll | state it a third time, so that you can not possibly make a mistake: If, at the time of the sale, Smith had the glanders, || and Jones had the distemper, and the horse knew it, then neither Smith, Jones, nor the horse' can recover! Let the
(327) record be given to • the jury."
LORD COLERIDGE ON THE LAW OF LIBEL.
125 \17HEX the case of Scott vs. Sampson was tried before Lord words Coleridge, at Westminster, in 1881, there were some im-
?er, portant doctrines of the law of | libel which had not been so firmly established upon principle and authority as to be generally accepted in the English courts without discussion. The rulings || in that case, however, which have been confirmed on appeal, put them on a sure foundation. They are of considerable import- ance to those who seek • redress for libel through a civil suit.
It appears from the report of the case that the defendant, who was the proprietor of a weekly f paper called the Referee, had pub- lished an article charging the plaintiff with having extorted (125) £500 from Admiral Glyn, under a threat of publishing (1) ... facts injurious to the memory of Adelaide Neilson, the deceased actress. To the complaint that this article was false and defam- atory the defendant answered that | it was true in substance and in fact.
At the trial the defendant made the plaintiff his own witness,
51
and asked him if he had || not used his position as dramatic critic for the Daily Telegraph to annoy the actor Vezin. It was urged that this evidence was material to • the justification of de- fendant, as showing that plaintiff had abused his position as critic for other purposes than that of extortion, namely, for the purpose f of spite and revenge. Lord Coleridge ruled that the question was not admissible to prove justification of the actual libel complained of.
The plaintiff was (2) ... also asked if he had not himself pub- (2"0) lished libels and apologized for them, and if he had not taken criminal proceedings against the Hornet and | then stopped them. These questions were also excluded, and on the application for a new trial they were held to be properly excluded, on the || ground that the defendant was thus attempting to show plaint- iff's general bad character by evidence as to his particular acts.
Another of the defendant's witnesses • was asked if he had not heard the story which constituted the libel before he saw it in the Referee. Lord Coleridge rejected this question, f and was sustained in so doing on appeal, on the ground that it was not material to the issue, and because any story or rumor (3) ... of (375) the kind might, in fact, have been started by the defendant himself.
Now, inasmuch as Lord Coleridge was unanimously sustained in all his rulings | by the Judges of the Queen's Bench, who heard and refused the application for a new trial, it may be said that they have finally || established in England three leading rules of evidence applicable to cases of libel.
First, that the defendant should be allowed to adduce general evidence of | the plaintiff's reputation, if by his pleadings he has informed plaintiff that such evidence will be offered, be- cause, to state the case broadly, if the f plaintiff's reputation was utterly bad before libel it could not be injured by it; and also because the admission of such evidence is not (4) ... a hard- (500) ship to plaintiff, for if a man of good character he can have no difficulty in coming into court with his friends, prepared to | prove his good reputation.
Second, that evidence by defendant of rumors to the same ef- fect as the defamatory matter complained of, is not admissible, because, || as neatly expressed by Mr. Justice Cave, of the Ap- pellate Court: " To admit evidence of rumors and suspicions is
52
to give any one who knows | nothing whatever of the plaintiff or who may even have a grudge against him, an opportunity of spreading, through the means of the publicity attending t judi- cial proceedings, what he may have picked up from the most disreputable sources. . . . Unlike evidence of general repu-
(625) tation, it is particularly difficult for the plaintiff (5) ... to meet and rebut such evidence, for all that those who know him best can say is that they have not heard any tiling of | these rumors." And thirdly, that evidence by the defendant of particular acts of the plaintiff is not admissible for the purpose of proving his general || character; because, at the most, such evidence tends to prove not that the plaintiff has not, but that he ought not to have a good • reputation; and because, to admit such evidence is to throw upon the plaintiff the difficulty of showing a uni- form propriety of conduct during his whole f life.
The value of the decision in this case, and the excellence of the opinions which present the reasons for it, do not consist so
(750) (6) ... much in any original discovery of truth, as in bringing the former adjudications to the test of settled principles. To gather up the scattered wisdom | of the past, sift out its mixture of error, and shape the result into definite and available forms, is a work which can be fully || appreciated only by those who have tried to do it for themselves; but all victims of defamation may well be grateful to Lord Coleridge and • his associates, for drawing so just a distinction between rumor and reputation, and for declaring that one who is seeking redress against a de- famer shall f not be surprised with evidence of forgotten events, nor called upon to show that his whole life has been without re- proach. (822)
MURCHISON-WEST CORRESPONDENCE.
125 f'TMIE following letters — the first written by some unknown
words L person, and mailed from the place dated — were first pub-
Per lished in the Los Angeles, Cal , daily | papers, five weeks later,
and thence copied by all the political papers of this and other
countries. Its influence was disastrous to the administration
party. || Every effort was made to discover the identity of
53
"Murchison," but in vain. Under intimations of dismissal by the President, Lord Sackvilie West was called • home for his "indiscretion" in being entrapped by an unprincipled politi- cian.]
POMONA, CAL., September 4, 1888. To the British Minister, Washington, D. G. f
SIR: — The gravity of the political situation here and the duties of those voters who are of English birth, but still consider Eng- (125) land their motherland, (1) ... constitute the apology I hereby offer for intruding for information.
Mr. Cleveland's message to Congress on the Fisheries question justly excites our alarm, and compels | us to seek further knowl- edge before finally casting our votes for him as we had intended to do. Many English citizens have for years refrained || from being naturalized, as they thought no good would accrue from the act, but Mr. Cleveland's administration has been so favorable and friendly toward England, • so kind in not enforcing the Retaliatory Act passed by Congress, so sound on the free trade question, and so hostile to the dynamite school f of Ireland, that by hundreds — yes, by thousands — they have become naturalized for the express purpose of helping to elect over again one above all (2) ... of American politicians, whom they consider their own (250) and their country's best friend.
I am one of those unfortunates. With a right to vote for | President in November, I am unable to understand for whom I shall cast my ballot, when but one month ago I was sure Mr. Cleveland || was the man.
If Mr. Cleveland is pursuing a new policy toward Canada tem- porarily only, and for the sake of obtaining popularity and con- tinuation of • his office four years more, but intends to cease his policy when his re-election is secured in November, and again favor England's interests, then I f should have no further doubts but go forward and vote for him.
I know of no one better able to direct me than you, sir, (3) ... (375) and I most respectfully ask your advice in the matter. 1 will further add that the two men, Mr. Cleveland and Mr. Harrison, are very | evenly matched, and a few votes may elect either one. Mr. Harrison is a high-tariff man, a believer in the American side of all || questions, and undoubtedly an enemy to British in-
54
terests generally. This state is evenly divided between the two parties, and a mere handful of our naturalized • countrymen can turn it either way.
When it is remembered that a small state (Colorado) defeated Mr. Tilden in 187G, and elected Hayes, the f Republican, the importance of California is at once apparent to all. As you are at the fountain-head of knowledge on the question, and know
(500) (4) ... whether Mr. Cleveland's present policy is temporary only, and whether he will, as soon as he secures another term of four years in the presidency, | suspend it for one of friendship and free trade,! apply to you privately and confidentially for inform- ation which shall in turn be treated as || entirely secret. Such information would put me at rest myself, and, if favorable to Mr. Cleveland, enable me, on my own responsibility, to assure many j of our countrymen that they would do England a service by vot- ing for Mr. Cleveland and against the Republican system of tariff
As I have f before observed, we know not what to do, but look for more light on a mysterious subject which, the sooner it comes,
(625) will better serve (6) ... true Englishmen in casting their votes.
Yours, very respectfully,
CHARLES F. MURCHISON.
Following is the British Minister' s'now famous reply:
Private.
BEVEKLY, MASS., September 13, | 1888.
SIR: — I am in receipt of your letter of the 4th inst., and beg to say that I fully appreciate the difficulty in || which you find yourself in casting your vote. You are probably aware that any political party which openly favored the Mother Country at the present • moment would lose popularity, and that the party in power is fully aware of this .fact. That party, however, is, I be- lieve, still desirous of f maintaining friendly relations with Great Britain, and is still as desirous of settling all the questions with Canada, which have been unfortunately re-opened since (750) *ne (6) ... rejection of the treaty by the Republican majority in the Senate, and the President's message to which you allude. Allowance must, therefore, be made for | the political situation, as regards the presidential election, thus created.
55
It is, however, plainly impossible to predict the course which President Cleveland may pursue in the || matter of retaliation should he be elected; but there is every reason to believe that, while upholding the position he has taken, he will manifest • a spirit of conciliation in dealing with the questions involved in his message. I inclose an article from the New York Times, of August 22d, f
And remafn, yours faithfully,
L. S. SACKVILLE WEST.
(858)
ABOUT THE GIRL AMANUENSIS.
CHE has come to stay. Let us accept her as a fact, and treat her like a man. She deserves it, and will thank us | for it. When I say, " treat her like a man," I mean, hire her to do her work, expect her to do it, and pay \\ her for it. I mean, also, that being a girl should, not absolve her from duty, nor subject her to petty exceptions that destroy her • usefulness and keep her from seeing and doing things that are to her advantage. This is the girl to whom I would like to address f a few sober hints.
First, it is necessary for you to understand what it is to be nec- essary to somebody — not as a friend, or (1) ... a possible wife — but as a helper, a co-worker. You will thus see how much larger and fuller your life will be by having a | hand in things that must be done. This mysterious world of ''business," that has seemed to you so vague, and yet so portentous, is about || to open to you, and you are to be intrusted with matters of grave importance — with confidential matters, even such as you are ex- pected to • repeat to nobody — such as you are not even to think of again after the office door is shut behind you. And for these services f you are to receive a compensation — enough, possibly, to pay your board and buy y<?ur clothing. In short, you are go- ing to take care of (2) ... yourself, and will not be forced to ex- pend your energies and waste your time angling for a husband whom you do not want.
Next, let me | enumerate a few of the qualifications for such duties: To be an acceptable amanuensis, you must (1), be an ex- pert writer of shorthand; (2), an || expert operator on the type-
125 words
per minute.
(125)
(250)
56
writer; (3), a fair penman; (4). a good English scholar; and (5), a good girl. Perhaps you think the last requirement • the easi- est, and so it is — to be a good girl. In homely phrase, you must be just that kind of a girl whom people like f to " have around." There is no objection to your being pretty — if you can't help it; (375) but if you should happen to be pretty, don't (3) ... presume on your good looks, nor imagine that they will in any way atone for your short-comings. A sweet smile from a bright face | delights any man of sense; but, if there is nothing behind it, it does not go far. It is every girl's privilege — it ought never || to bespoken of as a duty — to dress becomingly. The girl amanuensis is dressed becomingly when she is dressed appropriately to her business; and • to be thus dressed need not detract a single charm from her loveliness. It is begging the question to say that a girl should be f neat, both in her attire and in her per- son ; that her hands should be clean, her finger-nails well trim-
(50 ) med, her hair properly arranged, her (4) ... teeth clean and white and her breath sweet.
The girl amanuensis need never be a nuisance; she should make herself as welcome and desirable in | h'er business as she is at home or in society. To do this she has only to be helpful ; and to be helpful is not || to be unpleasantly aggressive, nor to be over-anxious and fidgety. Least of all is it to be " standing around," like a super-servicable clown \ in the circus. The young lady who speaks in a high key, who slams doors after her, and advertises her coming and going by the f ringing of bells or the blowing of whistles, might pass for a weak imitation of a lo-
(625) comotive, but she would in no wise impress one as (5) ... being a good office companion, or an effective worker. The best work is that which is done with the clearest understanding and the least fuss. | To do things without seeming to do them, and to attract attention through things accomplished rather than through the mechanism by which they are accomplished, || is the secret of acceptableness. •
But the girl amanuensis I have in my mind is more than a mere worker for wages. She is a • benefactor to the world, and especially to that part of it to which she belongs. Every girl who does her full duty makes it easier f for every other girl who wishes to do her's. The prejudice that exisN against employing girls in confidential and remunerative positions, can be removed
57
only (6) ... by the girls themselves; and they can do it wholly (750) and completely. There is a growing impression that the advent of girls into business offices | is in many ways advantageous. They bring with them order and refinement, banish tobacco smoke and profanity, and set an example of regularity and de- cency. || A sensible girl can usually hold her place against all competitors, because she will make herself felt as a necessary part of the work. If • things get out of place, she is the first to put them in place. If a paper is missing, she is the one who will •)• remember to have seen it, and will know just where to put her hands upon it. If information is wanted concerning any letter that has (7) ... been received, or any letter that has1 (875) been sent out, her active memory will supply it at once. If she should find her time not | fully occupied with prescribed duties, she will not on that account think it necessary to " hang around," or to gossip with her neighbors, or to || finish the last novel; but her quick eye and acute sense will help her to see something that should be done. And she will do j it; not ostentatiously, nor with a show of reluctance, but naturally and with a quiet- ness of manner that will attract no attention, nor advertise the -'[- fact that she is not paid for doing it.
It may be said, " the more you do for people the more you will have to (8) ... do, and so the only way is never to do your (1,000) best." My answer is, never, if you can avoid it, work for unrea- sonable people; | but whether your employer be reasonable or unreasonable, whether your wages be large or small, always do your best. For, after all, you are your || own employer, and the one above all others whom you must satisfy; and you can never, or ought never to, satisfy yourself with any thing short • of the best.
I have intentionally omitted to express any thoughts I may have as to the duties of employers; and will only say, in f clos- ing, that nothing can be lost, and much will be gained, by taking a practical view of the matter of working for wages. It is (9) ... n 125) not necessary that we should condone the greed of employers, or submit to unreasonable exactions; but, after all, we must take the world greatly as | we find it, and seek to make it better by d »ing our duty in it. We need not be indifferent as to compen- sation, nor foolishly |[ tolerant of low wages; but the way to se-
58
cure higher wages is not to complain of the cupidity of employ ers, but to make our services • worth something — indispensable if we can — and then demand what they are worth. This a girl can do as well as a man, and the knowledge f of this fact should make her modest as well as self-reliant, and give to her labor a 1,250) self-satisfactory dignity that places her at (10) ... once in har- mony with herself and the world. — S. S. Packard, in the Pho. World.
CHARLES SUMNEK AS MAN AND STATESMAN.
X
125 pHERE was in Charles Sumner, as a public man, a peculiar
words power of fascination. It acted much through his elo-
?e>. quence, but not through his eloquence | alone. There was still
another source from which that fascination sprang. Behind all
he said and did there stood a grand manhood, which never
failed || to make itself felt. What a figure he was, with his tall
and stalwart frame, his manly face, topped with his shaggy
locks, his noble bearing, the finest type of American senatorship,
the tallest oak • of the forest !
And how small they appeared by his side, the common run of politicians, who spend their days with the laying of pipe, f and the setting up of pins, and the pulling of wires; who barter an ( 125) office to secure this vote, and procure a contract to get ( 1 ) ... that ; who stand always with their ears to the wind to hear how the administration sneezes, and what their constituents whisper, in mortal trepidation lest | they fail in being all things to every- body !
How he stood among them! he whose very presence made you forget the vulgarities of political life || who dared to differ with any man ever so powerful, any multitude ever so numerous; who regarded party as nothing but a means for higher j ends, and for those ends defied its power; to whom the arts of dem- agogism were so contemptible that he would rather have sunk into obscurity f and oblivion than descend to them; to whom the dignity of his office was so sacred that he would not even (250) ask for it for (2) ... fear of darkening its luster I — Carl Schurz:
69
PROHIBITION NECESSARY TO TOTAL ABSTI- NENCE.
T F total abstinence from intoxicating drinks were not a wise 150 policy for the individual, it would be impossible to show that WOT('S prohibition of the liquor | traffic is a wise policy for the State. m{nufe The life assurance societies, however, have demonstrated that the total abstainer has at least a third better || chance for long life than the moderate drinker. The question as to the advisa- bility of total abstinence is a closed issue. It is no longer | in debate among enlightened men. For nearly half a century life assurance societies in Great Britain, Australia, Canada and the United States have, many of f them, been accustomed to insure total abstainers in one section and moderate drinkers in another. The result has been that a bonus, a premium of J 15, 20, and sometimes 23 and 25 per cent, has been paid to the total absti- nence section in contrast with the other. Recent laws in (1) ... (150) a majority of the states of the Republic require that instruction in the latest inculcations of science in regard to temperance shall be given in | the common schools on penalty of a with- drawal of the public funds. All the approved text-books for this instruction inculcate total abstinence.
With any || political measure less stern than prohibition the chief mischiefs of the liquor traffic fail of correction. Centuries of experience have proved that license, high or | low, is power- less as a remedy. Whisky syndicates all over the land clamor for high license in preference to prohibition. The income which the state f receives from high license entrenches the traffic be- hind the cupidity of tax-payers, and so hinders prohibition and makes the population at large a participator J in the profits of an infamous business. High license gilds the saloon. It trans- forms the gin-hole into the gin-palace. It tends to produce (2) ... (300) a combination of the liquor saloon, the gambling hell, and the brothel, under one roof in each establishment. As Ilerrick Johnson has said: "Low license | asks for your son ; high license for your daughter also." All license of the liquor traffic means state permission to a man, for a consideration, || to poison his neighbors and manufacture drunkards, paupers, criminals, taxes. ruined homes, and lost souls.
60
If the liquor traffic becomes a public menace, its suppression • becomes a public necessity. No doubt it injures the Republic now every year more than slavery did one year before the war. As far -j- as the liquor traffic does harm, so far its suppression would do good. It is the notorious testimony of statisticians, judges, publicists and competent observers f of every class, that it is the direct or indirect cause of seven-tenths of the pauper-
(450) ism and crime of Anglo-Saxon nations. According to (3) ... Mr. Gladstone, intemperance has injured those nations worse than war, pestilence and famine. As total abstinence is a wise policy for the individual, and as | any measure less stern than prohi- bition is ineffective in correcting the mischiefs of the liquor traf- fic, the wisdom of prohibition is as evident as that || of curing the pauperism, crime and political corruption which the liquor traffic causes.
Prohibition of the liquor traffic on Sundays is now mandatory in every • state and territory of the Republic. The reasons which make prohibition a wise policy on Sundays make it such on all other days of the f week. The Supreme Court of the United States has recently affirmed the complete constitution- ality of the principle of prohibition,
All the churches of the country J except the Roman Catholic and the Protestant Episcopal, have declared themselves in favor of prohibition. The Methodist church teaches that the liquor
(600) traffic can never (4) ... be legalized without sin. The Presbyte- rian church refuses church-membership to rum-sellers.
A drunken people can not be a free people. Under universal suffrage, prohibition | is a political necessity, because without it the liquor traffic, as experience indicates, is sure to become a predominant power in municipal, state and national |J politics. Every political party that is afraid to offend the whisky vote is in bondage to the saloon. But the sovereignty of the saloon in • great cities is the sovereignty of the slums. Until prohibition succeeds, average municipal politics will be kept in bondage to the criminal classes. When f the path to political preferment leads through the gin-mills, free government is a farce, and its future is likely to be a tragedy.
To | be successful in the United States, the suppression of the liquor traffic must be political and national. Only the arm of
(750) the National Government will be (5) ... strong enough to break
61
up the whisky ring. It is a great advantage to secure prohibi tion in single states; but, unless the Nation forbids | inter-state commerce in liquor and ceases to be a partner in its manufact- ure, and destroys the traffic in the territories'and other quarters under || national control, that advantage is largely lost. The perils of the future will make prohibition prohibit. Political necessity overthrew slavery. Political necessity will yet make • the liquor traffic an outlaw by both state and national enact- ment. The sovereignty of the saloon is incompatible with the safety of popular government, f A Nation that would not sub- mit to the South in the saddle will not permanently submit to the saloon in the saddle. J — Joseph Cook, in North American Re- (875) view.
HON. THOS. R. REED ON THE ISSUE OF 1888.
EXTRACTS FROM A SPEECH AT Los ANGELES, CAL.
"TOURING the last five and twenty years the people of this au- J^Q dience must have noticed that at every great presidential woods .election there was always some | question which singled itself per out — came to the front — brushed all others aside — and insisted minu^e- upon immediate decision. We have decided in that way, not || only the question of freedom in the territories, not only the question of the preservation of the Union, but the question of the successful | prosecution of the war to a victorious close, the question of the payment of the bonds, and the question of cur- rency. And you will undoubtedly f have noticed that every time one of those questions was up, not only all the "bad poll. ticians," but some good, honest men, have said, " This J question is not really up."
In the early stages they said there was no question of human freedom — only a question of giving our Southern (J) ... brother n^oi his constitutional right. And yet, my friends, had those honest and misguided friends been listened to, this country, instead of being, thank God, all | free, might have been all slaves. So, to- day, there are many good, honest men, who are telling us that the question that is up is || not really up. They are trying to push it aside, and trying to flank it. But, let me tell you
62
here, and I tell it • under solemn responsibility, that at the close of the election on November 6th, you will find that in some things besides religion, if you have f not been on the Lord's side you have been on* the other side.
Perhaps I can aid your decision in regard to this question by J answering a query which I have no doubt has occurred to every man and woman of this audience. And that is, why is it that
(300) (2) ... on this new question, which has thus pushed itself to the front, the Republican party is on one side and the Democratic party is on | the other? Why is it that the Republican party is on the side of protection, and the Democratic party on the side of free trade? || A glance, first at a principle, and second at his- tory, will dispose of the whole matter.
The principle is that every party is governed by j its majority. In parties, as well as at elections, majorities control; and in par- ties, unlike elections, the majority always gets counted.
Now, for a glance f at history. Every man and woman in this audience knows that the great bulk of the Democratic party is from the South. I do not J mention it for the purpose of arous- ing prejudices or starting feeling. I state it simply as a historic
(450) foot, and I use the term South (3) ... simply as a convenient geographical designation. Before the war the South had a coars-e kind of labor, consisting solely of brawn and muscle; for mind | is impossible in the condition of slavery. Therefore the South- ern statesmen said : " The true path toward wealth for us is to apply our coarse labor || to a coarse kind of work. Let us culti- vate the cotton plant, and send its product beyond the seas to be manufactured, and content ourselves • with purchasing what we can buy from the results."
Now, I do not say that those Southern statesmen are wrong, but I do say that -j- it was fortunate for this country that it was inhab- ited, also, by another set of men. The men that inhabited the region which, to-day, stretches J from New England and the Jer- sey coast to California and the Pacific, were a class who had something besides brawn and muscle, without intellect, without
(600) (4) ... intelligence, without skill, without knowledge, without learning, without wisdom. These men said: "The true path to- ward wealth for us is to utilize, not merely our | brawn and muscle, but our brains; not merely the physical characteristics, but the characteristics of soul, our skill, our intelligence, our
63
knowledge, our inventive faculty ; || and, therefore, we must es- tablish a system whereby every article of convenience or of lux- ury which is needed by the American people shall be manufact- ured • by the American people within their own borders."
And the result has been that today that belt of territory stretching between the two oceans is •)• inhabited by a race of men which have in intelligence, in skill, in mental power, in wealth and prosperity, no equals or parallels any-where on J God's green earth. In that belt of empire is to be found the great majority of the Republican party. . . .
But, after all, my friends, free (5) ... trade is not a word of re. (750) proach; it is a system of doing business. Free trade is not an opprobrious term; it is a system | of laws. And free trade would do this country just as much harm, and just as much good, if it was labeled ''revenue reform," as || if it had its own name.
What is the essence of free trade ? It is the belief, honestly entertained, that every consumer pays precisely the • tariff tax on the imported article, and the like enhanced sum on every article of domestic product, which is the result of protection. Now, did f you ever hear any free trade professor, any free trade secretary of a club, bring a more railing accusation against pro- tection than that? Isn't that J the sum of all the villainies that were ever charged on him ? And yet, what does it mean if it is true? Why, it moans (6) ... that for every dollar that is col- (900) lected into the treasury out of our pockets, five or ten other dol- lars go into the pockets of these | wicked manufacturers; and inasmuch as we manufacture thirty-five hundred millions of dol- lars worth of protected goods every year, it means at least a thousand || millions of dollars flung out of the window. . . .
My friends, if there is any people on the face of the earth that is interested in | the prosperity of this country, it is the people of California. You have got an empire that is not only growing, but that is destined f to be the mightiest of the Union. You have been able, and I have seen it with my own eyes, to produce the most wonderful $; results of any thing on earth. But what is the good of your production if you can not sell it? What is the good of raising your (7) ... products if (1050) you have got no market for them ? Is there any land on earth that needs the markets of America as much as you | do? Why,
64
my friends, the prosperity of this country has half bridged the distance between the Mississippi river and the Pacific Coast ; but there are || long miles and miles of barren -waste yet to be sub- dued, yet to be populated. I say barren waste, I mean only in appearance. You • have got to have the population of the Na- tion come bang up against the Sierras, and when you do that, then you have got a f market that will take in the products of California, immense as they are. And you have got the deep- est interest of any set of men f on the face of the earth to con- tinue the prosperity of this country; and its prosperity is so
(1200) magnificent that no amount of lying statistics (8) ... can gainsay the system by which it was done.
Xow let me give you a word of exhortation, and I want you to understand, the | exhortation is the best part of the sermon. This country .is not governed by presidents of the United States, and that is lucky. This country || is not governed from this platform. That is not quite so lucky. This country is not gov- erned even by the excellent men that are always • sent to Con- gress. But it is governed by this audience in proportion to its , bigness, and in proportion to the brains that they put into f their votes this November. Now, there have been a great many other questions on which I could have indulged, humble as I am, in sonorous J eloquence, on which I could have given you stately paragraphs — or what I should have thought were such — ques-
(1350) tions that took hold of your feelings. (9) ... But I tell you to- day there is a more important question at stake. It is a ques- tion of the prosperity of this country. Now, I | say to you that the prosperity of this country is good for every citizen of it. That this country is prosperous won't make every man || pros- perous. Nothing can put brains into the head of a fool. But if this country is prosperous, every citizen will have what they used | to call in an early day in this country "a white man's chance." If this country is prosperous, California is going to be prosperous, and if f it is prosperous, it is going to be by the con-
(1423) tinuance of the system that has made this country great as it is.
65
OPENING ARGUMENT IN A LIBEL SUIT.
//. //. Boycc v. The Times-Mirror GJ. and C. J. Richards, Los Angeles, Cal.
T F the court please, and gentlemen of the jury : There | is no 150 one, perhaps, who has a greater regard for the power and in- wco'/-s
fluence of the press for good than I have; but, at the II same Pe>
minute.
time, there is no one who more keenly appreciates, from observa- tion extending through a great many years, the power and influ- ence of a public I newspaper for evil, when improperly con- ducted. This matter was one of the earliest which attracted the attention of the people when they were struggling to f secure their liberty in every direction. In England, when it was sought to establish the freedom of the press, it was found necessary that there | should be some guard, some protection to the people; and, whilst they removed the censor, who inspected and elim- inated from the newspaper that which they (1) ... thought ought (l-r>0) not to be published, they gave to the people the right to protect themselves against unjust attacks by giving them an action for | libel. First among the great men of England were the lawyers, who, in defense of the liberties of the people as against the tyranny and || oppression of the press, stood up for this remedy — this protection against the newspaper in the hands of unprincir pled and malicious men; and we to-day j stand in the same po- sition. We are here to defend the rights of the people against the malice and libelous attacks of the press. Counsel j- on the other side, I am sorry to say, are here to defend the attacks of a malicious newspaper upon the rights and the privileges J of the citizen — upon character, upon reputation, upon good name, upon all that a man holds dear in life. I do not come before you, (2) ... gentlemen, wiih any improper feeling in regard to the (300) newspapers, realizing the good they may accomplish, but ask you, as jurors charged with the solemn | duty of deciding upon the facts in this case, to determine fairly between these defendants and the plaintiff, who, we allege, has been wronged and || out- raged by the publication referred to.
The publication complained of is libelous upon its face. It charges crimes, offenses, conduct that is derogatory to the j plaintiff, and which, if not justified, will entitle the plaintiff to
6G
a verdict at your hands. In response to this complaint, thus charging that the f article was not only false, but malicious, the defendants, by their answers put in here separately, allege that all the matters contained in this article J were, when they were published, and still are, true; that at the time the article was
(4")U) published, the defendants believed them to be true, and (3) ... that the publication was made from good motives, and for justi- fiable ends. They deny the malice, and allege good motives and justifiable ends as the | inducement to the publication of this charge.
Let us see, gentlemen, whether this answer is true. The article itself starts out with a reference to || some criminal prosecutions which, a short time before, had been begun- by one Bragg against the plaintiff, H. H. Boyce, and W. II. Seamans, for • conspiracy to defraud. It is admitted by the testimony, not only of Rich- ards, but by the testimony of Otis, that this prosecution that had then f been commenced was discussed among them when this article was being considered, in reference not only to the facts stated in it, but in reference J to the propriety of its publication. Mr. Richards testifies that that litigation was referred to as a
(600) reason why its publication was proper at that (4) ... time. We find, further, that Mr. Richards, in giving an account of how this article came to be seen by him, says that this article | was brought to him by a reporter of The Times, and that it contained BO many mistakes that he was unwilling that any one should )| accept that statement as a statement of the facts in the case, and that he thereupon corrected it. But we find that, when the testimony • of Mr. Taylor comes to be given, a telephone mes- sage was received at the Times office from the Bellevue Terrace, where Mr. Bragg and Mr. Richards f were stopping, that a re- porter was wanted; in the language of Colonel Otis, "that Mr. Richards desired or was willing to make a statement." The J reporter went there; he met Mr. Richards and Mr. Bragg, and Mr. Richards made his statement; that the reporter remained
(750) from about 8:30 until (5) ... 11 o'clock at night; that he returned to the office, and then wrote out this statement which has been offered in evidence; that it was | afterward taken to Mr. Rich- ards, and it is said that some minor corrections were made, but these corrections were not made by Mr. Richards. Mr. || Rich- ards and Mr. Bragg together came to the Times office the next
67
afternoon; and on the night of the llth of February last, the night • preceding the publication, we find again Mr. Richards, Mr. Bragg, the prosecutor in these criminal cases that have been adverted to in this document, Mr. f White, and Mr. Otis in consultation over this matter.
This shows how closely these two things were connected to- gether; it shows that the prime motive, £ so far as Mr. Richards and Mr. Bragg were concerned, was its influence upon the prose- cution that had been begun by Mr. Bragg. So far (6) ... as (900) Colonel Otis is concerned, it does not appear that he had any di- regfc interest in that prosecution; but he had an interest in another | direction that made him a willing ally and aid to these gentlemen in their persecution of the plaintiff and his friend. Now, Mr. Otis, upon || this subject, says that he had one inter- view with Mr. Eragg before that; that he was telephoned that Richards desired to make a statement. " The • telephone," he says, " I think was from Mr. Bragg. Taylor was sent, with my ' knowledge and approval." That is the reporter. " I had one interview f with Bragg before that, and was aware of the prose- cution against Boyce and Seamans." " The ranch matter was discussed with reference to its bearing upon J the Bragg prose- cution." He further testified that Bragg did desire its publica- tion; that he (Bragg) thought an exposure should be made in reference to those (7) ... transactions. "I said," says Mr. Otis, (1050) "if you ^yill state, over your own signature, that you have read it" — that is to Richards — " and that | the statements are true, I will accept it." There was no discussion on that point at all. The discussion, therefore, must have been in relation || to the propriety of its publication. So, again, Colonel Otis testifies: " My backwardness, my reluctance, was canvassed. I said to Bragg before that I did • not propose to go into these questions, or make the publication, for the benefit of any litigant .or any opponent of Mr. Boyce, without I f was very sure of my ground." If he was sure of his ground, he was perfectly willing to go in for the benefit of a J litigant. He admits, again, that there was discussion as to the truth of the article and the propriety of making it public at that time. (8) ... And again, he says: "I (1200) would not publish the matter solely for their benefit." But their benefit was considered and discussed in reference to the | publi- cation of the article.
68
Let us go a little further. Conceding that they have attempted a justification here, and conceding further that, if they make [| out their justification (that is, if they prove the truth of this ar- ticle in its whole scope and purpose) that they would be entitled to • your verdict, and that the question of malice and good mo- tives would, in that event, not cut any figure in the case, yet, in determining f the weight that you shall give to the testimony produced by these gentlemen, you are entitled to look at all the circumstances which surrounded them; J you are entitled to consider their motives; you are entitled to consider their feelings of hostility, or otherwise, to this plaintiff; you are entitled%to
(1350) (9) ... know, just as far as their words and their actions will dis- close it, the feelings of their hearts, in order to determine whether men who, | entertaining these feelings, resort to this method for the benefit of their friends or the punishment of their enemies,
(1406) are worthy of belief at your || hands as witnesses in this case.
TESTIMONY IN A SUIT CHARGING FRAUD.
150 tT C. WHITE, called on behalf of the People, being duly words ' sworn, testified as follows:
per •ninute. Direct examination.
Q. What is your name? A. E. C. White.
Q. Where | do you live? A. I live in Los Angeles; foi- merly of Cincinnati, 0.
Q. How long have you been here? A. Since the 20th day of January.
Q. What || is your trade or occupation?
A. I came here to interest myself in business.
Q. Well, if you have any occupation, please state it.
A. I have several • occupations: school teaching, superin- tending, etc.
Q. Do you know the defendants, Col. Boyce and Capt. Sea- mans ?
A. I have met them.
Q. When did you first meet them? f
A. On the 21st day of January, I believe, I met Gen. Boyce; Capt. Seamans on the 23d day.
69
Q. Did you have any conversation with J Col. Boyce in you? first meeting, in regard to the Victor Marble stock ?
A. No, sir; nothing the first meeting.
Q. Where was it you tsavv him, (I) ... on the street, or in his (150) office, or his house ?
A. I went to his house with the Messrs. Bragg.
Q. State what occurred, with reference to | this stock. Of course, Mr. White, we don't expect you to give word for word the conversation that occurred that long ago, but give the || sub- stance.
A. We gathered there to have some transaction with regard to purchasing the Victor Marble Company's stock certificates; and that morning, I believe it was • the 23d — the words and conversation I can't give exactly, but .the substance of it was, • that in talking we came to the conclusion f to buy the stock of them at their rate.
Q What representations did they make to you, either one of them or both together, in regard J to that stock ?
A They made representations to me that the Victor Marble Company was just about to let out this company to some persons for (2) ... the purpose of burning lime; I believe the gentlemen's (300) names were Button — three Sutton brothers; that it was a good investment, they thought ; that they | believed there was money in it Captain Seamans stated that he had 2,500 shares, that morning, in my presence.
Q. Please to wait one moment before || you go further. What was the conversation with the Suttons, if you remember it, and if these persons were present?
A In regard to the Suttons, • they said there was a party, Suttons by name, three brothers, who had charge of some, or owned some, transfer wagons or horses here. They f didn't know what to do with them, and desired to take them and use them in the mines.
Q Any thing said about a contract J or agreement with the Suttons, whereby lime was to be sold to them from this Victor Marble Quarry ?
A Yes, sir. They claimed that these Suttons had (3) ... (450) made them an offer of a royalty of twenty-five cents on a barrel of all the lime they could produce, or a certain amount | of lime,
70
I don't think any amount was mentioned; and they thought of letting them have it, providing we didn't take it.
Q. Well, for every || barrel of lime that the Buttons got out of that quarry, they were to pay twenty-five cents royalty to the company ?
A. Yes, sir. Further • than that, we then and there con- summated a contract with these gentlemen, or a bargain, to take their slock. We took from Mr. Seamans, j I believe, twenty-five hundred shares. And while we were making out these new cer- tificates from the old ones, I remember Captain Seamans turning to Colonel J Boyce and saying: "Colonel, by the way, there is another thousand shares of stock that was held for security," (GO); and, he says, 'we would like (4) ... to have that, have this straightened up." The Colonel said he guessed it was among some of his papers, or perhaps in his tin box. |
Q. Did Captain Seamans state whether or not that had been paid?
A. He said the whole thing had been settled, and the Colonel, I believe, said || he would send it to me, but I never received it.
Q. Send it to you in what capacity, as secretary of the com- pany ?
A. Secretary of • the company, I suppose.
Q. Please go on with what you were detailing.
A. As I stated, the transaction then was made, and just be- fore we sat f down to the table, Colonel Boyce called on Captain Seamans, I believe, to tell me, as I hadn't been present hereto- fore, in regard to the J stock, in regard to the company, the workings of it.
Q. [By Mr Fitzgerald.] This was after the transaction was completed ? (750) A. Before the transaction was completed (5) ...
Q. This was after you had agreed to take the stock, was it ? 'A. We were just making the agreement And Captain Sea- mans, I believe, stated, in | a very elaborate way, the stock and the advantages of it. The titles were perfectly clear, better th;»n a patent from the government, because we || would have no taxes to pay. And also stated that the claims were clear, and there was a good chance for making money; that lime • was worth two or three dollars per barrel, was getting a large price for lime,
71
and it was very scarce here; and also the marble f was of good quality, and plenty of it.
Q. Proceed now, from that point.
A. Alter the explanation by Captain Seamans, Colonel Boyce was sitting there; 1 J believe there was something said in regard to the liabilities of this company, and he said that the liabilities were equal to the assets.
Q. [By (6) ... Mr. Gnge.] That would be rather leaving them (900) in debt, wouldn't it, if the liabilities equaled the assets?
A. The liabilities were equal to the assets. | I don't see how they wouldn't balance. After that the purchase was made, at which time, as I stated before, the Captain called on Colonel || Boyce for this thousand shares of stock.
Q Did he state the number of that certificate, if you re- member?
A The number of that certificate, I believe | he sam. was 373, if I remember correctly.
Q. That was a lost certificate, you say ?
A. That was a mislaid certificate.
Q. Did Captain Seamans make f any statement in your pres- ence as to how many shares of stock he owned ?
A. He stated that he owned 2,500 shares, and he sold J 2,500.
Q. Do you know of your own knowledge, or can you tell from the books turned over to you, whether or not that (7) ... is (1050) true or false ?
A. I believe it to be false.
[Mr. Fitzgerald : — Well, that is the opinion of the witness. He answered that too quick, | of course, for us to object, if the court please, and 1 suppose we can't strike it out.]
Q. [By Mr. Dunlap.] Please look at these || books that have been offered in evidence, and see whether or not they are the books of the corporation turned over to you as secretary, • or were they ?
A. Yes, sir, they look like them; I think they are.
Q. Please look at this one marked " Transfer Journal," page 47. Have you ever f examined that book before, and that special page ?
A. Yes, sir; I have.
Q. When was the first time you examined it, if you remem- ber?
72
A. It was J on the 24th or 25th, I can't say which date posi- tively, of January.
Q. State whether or not, when you look at that book, the (1200) number (8) ... 394 opposite the date on the left-hand page, July 19th, Victor Marble Company, opposite the name W. H. Sea- mans, and on the | fourth line from the right — whether or not that number 394 was there ?
A It was not there.
Q. What number was there?
A. .382. ||
Q 382. Look and see if you can tell from that book whether or not certificate number 382 had been sold to | anybody else?
A Yes, sir; it had been sold to somebody else.
Q. Look also over on page 46, and see whether or not, in the fifth f column from the left, the number 373, representing the nurooer of a certificate, was there when you first examined it ? (1325) A. It was not there. |
UNIVERSITY of CALIFORNIA
AT LOS ANGELES
SCIENTIFIC SHORTHAND,
THE ORIGINAL PITMANIC SYSTEM.
ECLECTIC SERIES
— OF —
PHONOGRAPHIC INSTRUCTION BOOKS.
BY ELIAS LONGLEY,
ears a Praeticnl Verbatim Reporter, and Teacher of the
I'honogrupliir Art.
I. THE ECLECTIC MANUAL OF PHONOGRAPHY.
II. THE REPORTER'S GUIDE.
HI. THE AMERICAN PHONOGRAPHIC DICTIONARY. IV. EVERY REPORTER'S OWN SHORTHAND DICTIONARY.
V. COMPEND OF PHONOGRAPHY. VI. THE PHONOGRAPHIC READER AND WRITER.
VII. SHORTHAND DICTATION EXERCISES.
VIII. WRITING EXERCISES.
i. The Eclectic Manual of Phonography. A Com- plete Guide to the -Acquisition of PITMAN'S PHONETIC SHORT- HAND, with or without a Master. 12mo, 144 pages, with stiff paper covers, (55 cents; cloth, 75 cents.
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An original work, in harmony with the Eclectic Manual, but designed to aid students in any style of Phonography. It contains complete lists of Word-signs ; 2,000 Contracted Words, with 10 Rules for Contraction, that enable the learner to remem- ber them; 14 Principles, or Rules of Phrasing, followed by a General List of Phrases, Lists of Legal Phrases, Railroad and Commercial Phrases, 15,000 altogether ; concluding with samples of Court Testimony, Legal Decisions, Speeches, Sermons, Amanuensis Work, in the way of Correspondence, etc., in beautifully executed shorthand, with keys on opposite pages.
This is the only work published in which the philosophy of the Reporting Style of Phonography is-fully explained, and copiously illustrated with Shorthand Siirns. and Phrases in the text.
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Los Angeles This book
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