The Cedarville Herald, Volume 35, Numbers 1-26

X it. K IL T OUTLINES« fli LEGISLATION. meat pretend to work out ia detail tho methods of achieving jour purposeo. Let tso at tho cutset urge upon you to remember that, whilo machinery la Important, it la easy to overestimate its Importance; and, moreover, that each community bus the absolute right to dotorailno fop Itself what that ma- ehlncry shall bo, subject only to the fundamental law of tho nation a3- ex- presBed in the’ Constitution of tho Unt­ ied States, •. * , In the first place, l boUoyo In the short ballot. Yon can­ not got good Eunice from, tie public servant if you cannot boo him, and there la no inoro effective way of hid­ ing him than by mixing him up with n multitude of others so that they are .nono of them important enough to catch the eye of the average, vovluv day citizen. The professional politi­ cian and the professional lobbyist thrive most rankly under a system which provides a multitude of elec­ tive officers, of such divided responsi­ bility and of such obscurity that the public knows, Utid can know, but little as to their duties and the way they perform them. The people have noth­ ing whatever to-tear from giving any public servant power so long as they retain their own power to hold him accountable for bin use of the power they have delegated'to him. I believe in providing for divert nom­ inations by the people, including turn- in direct preferential primaries tor the election, of delegates to the national nominating conventions. 1 I believe In the election, of United States senators by direct vote. Just ha actual experience convinced ouv people -that presidents ’ should bo elected (us .they now are-In practice, although not in theory) by direct vote . of the people Instead of by direct vote through an untrammeled electoral col­ lege, so actual experience has con­ vinced us that senators should be elected by diVect 'vote of the people instead of indirectly through the vari­ ous legislatures., , •1 believe In the initiative and the referendum, which should be used not to destroy representative government, hut to correct It whenever it becomes misrepresentative. Here again l mu concerned not with .theories but. With a^fual facts. -If-in any'state the peo­ ple are themselves satisfied with their present representative ay-stem, then it Is of course their right, to beep that system unchanged; and it is nobody's business but theirs. But in actual practice It has been found in very- many states , that legislative ,bodies have not been responsive to the.popu­ lar will. Therefore I<believe that the state should provide JOr the possibility of direct popular action In 'order to make good, such legislative failure. . Wisconsin Method Praised. In a recent speech Governor McGov­ ern of Wisconsin has.described the plan -which has been. there adopted. Under this plan the effort to obtain the law- is first to he made through the legislature, the bill being pushed as far as It wilt go; bo that the details of tho proposed measure may be threshed over In pettfal legislative de­ bate. This gives opportunity to. per­ fect it In form. and. invites public' scrutiny. Then, If the legislature falls to enact.lt, it can be enacted by the people on their own initiative, taken at least four months before election. Moreover, Where possible, the question" actually to be voted on by the peoplo should be made as simple as possible, in short, I believe that the Initiative, and referendum should be itsed not as substitutes for- representative govern-. ment, but as methods of making such government really representative, Give tho legislature nn entirely free hand; and then provide by the Initia­ tive and referendum that the people Bhall have power to reverse or sup­ plement the work of the legislature should it ever become necessary. As to the recall, I. do not believe that there Is any great necessity for it as regards short-term elective of­ ficers. On abstra grounds I was originally inclined to be hostile to it. I know of one case where it was ac­ tually used with mischievous results. On the other hand, in three cases ia municipalities on the Pacific coast 'Which have come to my knowledge it was used with excellent results, .1 'believe it should ho generally pro­ vided, but with such restrictions as. will make it available only when there |1 b a widespread and genuine public feeling among a majority of tho .■voters. ■ ■ ■ • / ■ . There remains the question of the * recall of judges. One of the ablest .Jurists in tho United States, a veteran in service to thopeople, recently wrote me as follows on thin subject: '‘There are two causes of the agi­ tation for the recall as applied to judges. First, the administration of justice has withdrawn from life and become artificial and technical. The recall Is not so much a recall of judges from office as it Is a recall of the ad­ ministration of justice back lo life, so tlmt.it shall become, as It ought to be, the most efficient of all agencies for making this earth a better place to lira In. Judges have Get their rules above life, Like tho Pharisees of old, they said, 'The people be. accursed, they know not the law" (that la our •rule). Courts have repeatedly defeat­ ed tho aroused moral sentiment of a whole commonwealth. Take the ex­ ample of the St. Louitrhoodlera. Tlielr guilt was plain, and Jn the main com ' fessed. The whole otato was aroused and outraged. By an Instinct that goes to tho very foundation of all go * rial order they demanded that tho guilty be punished, Tho boodlerfl wore convicted, but the supreme court of Missouri, never questioning theh* guilt, set their conviction noide upon purely technical grounds. Tho same Thing occurred In California. It 1# to ■ re««5i the odmitiiptrcfion t? justice 1-« «t new curb pittefSeeg that the-re- t* hi lido arista. DAYTON, OHIO, judges admitted Hero again the settled win of * i cc I d I ou E E E a u S f b f t S 3 S l W t o d t t o m l f w I n B r w . o d V t h . plaeo metaphysics above life. It is ! f , ? ' tho.courts, not tfco connotations, that, „Tr^' J* ar0 at fault it is iralv by tho process , |Il5cd r’at!ons h~A ^olibhed there which James RusseU Lowell, when , r tho e -vie 3 of Lincoln, tije. ground that the Constitution of answering called 'pettifogging tho constitution* that constitutions which wero de­ signed to protect society can thus be mado to defeat tho common good- Hero again tho recall is a recall of tho administration of justice hack front academical refinements to social service*" • There Ii one kind of recall In which I *,ry earnestly believe, and the immediate adoption of which* I urge. There are sound reasons for being, cautious about the recall of a good judge who has rendered an un­ wise and improper decision. Every public servant, no matter how valua­ ble, and not omitting Washington or Lincoln or Marshall, at times, makes mistakes. Therefore we should bo cautious about recalling the judge, and -we, should be cautious about In­ terfering ip an, way with £he judge in decisions /which ho makes in the ordi­ nary course as between individuals. But when a judge decides a constitu­ tional question, when he decides what the people as a whole can. or cannot do, the people should have the right to recall that decision If they think It wrong, We should hold the judiciary In all respect; but It is both absurd and degrading to make a fetish of ft judgot or of any one else, - Lincoln actually applied In suc­ cessful fashion tho principle of tho \ recall }n the Dred Scott case, He de­ nounced the Supreme court for that Iniquitous decision In language much stronger than I have ever used In criticizing any court, and appealed to the people to recall the decision—-the word "recall” in this connection was not then known, but the phrase ex­ actly. describes what he advocated. He was successful, the people took his ylew, ntul the decision was practical­ ly recalled, It became a dead letter without, the need of any constitutional amendment. The Law and the State, ' Under our federal system the rem­ edy for a- wrong such as Abraham Lincoln described Is difficult. But the remedy Is not difficult In a state. Wbat the Supreme court of the na­ tion decides to bo law hinds both the national and tho state courts and all the people within'the boundaries of, the nation. ' But the decision of a stale court on a constitutional ques- ,tion should be subject to revision by the people of the state. Again and again- in tho past justice has. been scandalously obstructed by state courts declaring state laws in con­ flict' with the Federal Constitution, although the Supreme court of the na­ tion had even decided In a contrary sense. When the supreme court or the state declares .a given statute un­ constitutional because in conflict with the state or the National constitution, its opinion should he subject tp re­ vision by the people themselves. Such an opinion, ought always to be treated With great respect by the peo­ ple,1and unquestionably in the major­ ity of cases would be accepted and followed by them. But actual ex­ perience has shown tho vital need of the people reserving to themselves the right to pass upon such-opinion. If it Is sustained well arid good. If not, then the' popular verdict is to be, accepted as final, •the decision it to be treated as reversed, and the con­ struction of the Constitution definite­ ly decided—subject only to action by the Supreme court of the United States. , • < Many eminent lawyers who more or less frankly disbelieve In our entire American system of government for, by,.and of the peoplo violently an­ tagonize this proposal. They believe. and sometimes assert, that the Amer­ ican people are not fitted for popular government, and that It la necessary to keep the judiciary "Independent Of the majority or of all the people;" that there must be no appeal to the people from the decision of a court In any case; and that therefore the judges are to he established as sover­ eign rulers over the peoplo. I take absolute issue with all those who hold such a position. I regard It as a com­ plete negation of our whole system of government; and If It became tho dominant position in this country, It .would mean tho absolute upsetting of both tho rights and the rule of the people. If the American people are hot fit for popular government* and If they should of right be the servants and not the masters of the men whom they themselves put In office, then Lincoln's work was wasted and the whole system of government upon which this great democratic republic tho United States, instead of being' an instrument to secure justice, had been Ingeniously deviat'd absolutely to pre­ vent JuDticd. They insisted that tho clause in the Constitution which for­ bade the taking of property without duo process of law forbado the effort which had been made in the law to distribute among all the paitners in an enterprise the effects of the In­ juries to life or limb of a wage-work­ er. In other words, they insisted that the Constitution had permanently cursed our people with impotence to right wrong, and had perpetuated a cruel Iniquity; for cruel Iniquity Is not too harsh a term to uno in describing" tho law which, In the event of such an accident, binds the wholo burden of crippling disaster on tho shoulders least able to hear It—the shoulders of the crippled man himself, or the dead man’o helpless wife and children,. No anarchist orator, raving against the. Constitution, ever /framed an* Indict­ ment to It so severe as those worthy and well-meaning judges must he ; eld to have framed M their reasoning be accepted us true. But, as a matter of fact, their reasoning was unsound, and was as repugnant to every sound defender of the Constitution as to every believer In Justice and right­ eousness, In effect, their decision wa3 that we could not remedy these wrongs unless we amended the Con­ stitution (not the constitution of the state, but the Constitution of . the na tlon) by saying that property cOuld b<j taken without due process of law! 1 seems. Incredible that any one shout be wlillng to take such a position. It Is a position that has been condemned. over and, over again by the wisest and most far-seeing courts. In its. essence It was reversed by the decision of state courts In states like "Washington and Iowa, and by the Supreme court of the nation in a case hut a few weeks old. According to one of the highest judges then and now on the Supreme court of the nation, we had lived for a hundred years under a- Constitution which permitted a national income taxi until suddenly by one vote the Supreme court reversed Its previous decisions for a century, and said that for,a century we had been living under a wrong Interpretation of the Constitu­ tion (that is, under.a wrong Constitu­ tion), and therefore in effect estab­ lished a new Constitution which we are now laboriously trying to amerid so as to get it back, to the' Constitu­ tion that for a hundred -years every­ body, including - the .Supreme- court, thought It to bp., When I y?s# presi­ dent, we passed a National Workmen's CompensaUon’-»ct. V 9 th . it a rail­ way man named Upward, I think, was . killed in Tennessee, ftiyl his widow sued for damages. Congress had1 done, all it could to provide the right* hut the court stepped in and decreed that congress had failed. .Three of the judges-took the extreme position that there was no .way in which congress, could secure.the helpless widow and children against suffering, and that the man’s blood and the blood of all similar men when spilled should for­ ever cry aloud in vain for justice. . This seems a strong statement, but It is far less strong-than the actual ' facts; and I have difficulty in making the statement with any degree of > modification. The .nine justices of the Supreme, court on this question split, into five fragments. One man,-ex-* Justice Moody, in his opinion stated . the case In Its broadest way and de­ manded justice for Howard, on grounds that would have meant that in all similar cases thereafter jusllco and not Injustice should he done. Yet the court, by a majority of one/ de- | elded as I do not for one moment be­ lieve the court would now decide, and not only, perpetuated a lnmentnblo in­ justice in the case of tho man himself, but set a standard of injustice for all similar cases. Here again I ask you not to think of the mere legal formal­ ism, hut to think of the great Im­ mutable principles of justice, the great immutable principles of right and wrong, and to ponder what it means to men dependent for their live­ lihood, and to the women and chil­ dren dependent upon these men, when the courts of the land deny them the justice to which they are entitled. Now, gentlemen, in closing, and In thanking you for vour courtesy, let me add oiio word ..About Our Removal Sale A sale such as this can never be repeated# W e move into our new business home shortly and have reduced the prices ail thru our immense stock. TaRe Full Advantage of This Opportunity THE K IK E =KUMLER CO. ESTABLISHED 1863 i « i ? £ } THEMARCHWOMAN'S ■ HOMECOMPANION. The March Womans’ Home Com­ panion is a. big advance spring fash­ ion number and It is filled with the latest fasInon news from Paris, New York, and other great centers. Grace Margaret Gould, the well known fashion authority, who edits this important department for the Companion, has, as usual, done her work thoroughly, interestingly and practically. "Women of ordinary means can find in her pages sugges­ tions for spring clothes that are ar­ tistic and up to date, and yet econ­ omical. The special features o f the Gom- panionthis month are unusually en­ tertaining and informative. There is a great arrayof fiction andamtni- ber of notable articles, titles of some j of which follow; “ Maude Adams,!’ • an illustrated description of the? work of America's leading actress; “ How Laws Are Made.” an article j by the Vice-President of the United 'States; “ Tho, Girl with a Voice1’ ,! being an account of the adventures ; of a young woman who prepared for ' opera singing; “ A Businesswoman " £u Politics, being/a description of the work of the Pood Inspector of the ci ty o f Tacoma, who is a woman and “ When Baby is Hick,'1an arti­ cle on the illnesses of children by Dr. Koger H; Dean tt, The many other departments in the.companion, aside from the fash­ ion department, are filled with facts and ideas and suggestions o f inter esb and value, $ 100 .Reward* $ 100 *. The readers of this paper will be planter toleant that thwo ia st least' one dreaded disease that science lu>8beenable to Ourein all Its stages and that is Catarrh." Hall's OfltorrhCurela the only positive curenow known to the medical fraternity, Catarrh bring a constitutional disease, requires » constitutional: treatment. ' Hall’s Catarrh Cure1*takeninternally, acting dircotiy up ■ on the blood andmucousaurrucesof system thereby destroying the foundation of the diacme, andgiving thepatient strength by buildingup tho constitution and assisting naturein doihg Itswork, The proprietors havesomuch faith in its cUrativc powers, hat they offer oneHundredDollars for any case that it fails to cure. Sendfor Iist.p Usthnonittla. Address, F. J.CHFNJ3Y A GO, Tolede Q. Sold b*yDruggist, ?Bc. all’s Family ITUsace the best. The Curse o f Constipation Is the penalty for unwise eating and drinking—not chewing the food suffi­ ciently— and more than all— the wrong choice and combination of foods and drink. . . •* Fruit is a natural laxative— fruit juices and fruits should be morp freely used Coffee and tea cause and continue constipation and should be abandoned. , Drinks made from fruit only, like BONANO, which is made from the rich, mature pulp of bananas, dried, roasted and ground, check constipation and tend to keep the bowels normal and regular. A man in Oconomowoc, Wisconsin, writes us; - , i “ I have been a sufferer from constipation for' yearn. However, since J. have been drmklngBonano 1 have had no trouble from that source,” . . BONANO is not a medicine, and contains no drugs or adulteration, but being a pure, wholesome fruit product, does hot clog nor cloy the channels of elimination and thus gives nature a clear right-of-way to cure— and keep you cured. / BONANO is a most delicious and healthful table drink— is prepared., by boiling one minutes. 1A teaspoonfui of the rich, brown granules to each cup of beverage desired is sufficient. It is the latest and best drink for breakfast, dinner1and supper. All first-class grocers have BONANO or can get it. ■ It sells for 20 cents a can— enough for 75.big cups. If your grocer doesn't have it send 2-cent stamp and we will mail^ you a trial package— enough for 10 cups— and descriptive booklet. Z _ * > . < . •/• * . INTERNATIONAL BANANA. FOOD COMPANY CHICAGO, |LL. FOR SALE BY M c F ar lan d bros . I / NOTICE TO LOT AND LAND OWNERS. Public Sale I will sell at Public Sale Oh the Mrs. E» E. faritvsituafefi on ilia Clifton and Cedarville road, about 2 mites from Clifton and 1 % miles from CedarvilJe, Wedaefd&y, February28, 1912. Commencing at I o'clock sharp, the following property: 2 HEAD OF HORSES 2 Consisting of 1 Black Mare, about JO Keep clearly In view |years old and a good brood mare will what are the fundamental ends of f work any place* single or double a good government, t hope that not only I leader; 1 Black' Mare coming B-yeaf-old you and I hut all our people may ever ; in the spring, a good worker and gentle* remember that while good laws afe I will weigh about 1200. \Z 82' .*5'■ ">>2 HEAD OF CATTLE contrary, with all my heart that the American people are fit for complete self-goveriiment, and that, in spite 6f all our fallings and shortcomings, wo I of this, republic have more Tiearly real­ ized than any other people on earth tho ideal of justice attained through genuine popntar rule?, ’ People Fundamentally Bight. I do*not say that the people ere In­ fallible. But I do say that our whole history shows that the American peo­ ple are more often sound In their de­ cisions Ulan Is the case with any of the governmental bodies to whom, for their convenience* they * have dele have the right kind of governmental ; Consisting o i l Jersey Cow with calf, machinery, yet that 'the all-important t tobe frfcsh ;u Augustj a g0od^lich cow; ° J ,T J 3lY leV / . ad f / I Jersey Heifer calf about 0 months old man behind tho law. A good Consti tutlon, and good lawd under the Con­ stitution, and fearless and upright of­ ficials to administer the laws—all these nro necessary; but the prime re­ quisite In our national life Is, and must always be, the possession by the avow ago citizen of the right kind of char­ acter. Our aim must be Ihe moralfza- tlon of the Individual, of the govern­ ment, of the people as a whole. Wo desire the moralizatlon not only of political conditions but of industrial gated portions of their power. If this J™* ™ ,°5 T T ™ is not so, then there le no justification ' con t fiB' h6 tlmt cVftr^ f°re« In the for tho existence of our government; and if it is so, then there is no justi­ fication for refusing to give the peo­ ple the real, not merely the nominal, ultimate decision on questions of con­ stitutional law. community* Individual and collective, may be directed toward securing for the average man, and average woman, a higher and better and fuller life, In the things of tho. body no leso than those Of. the mind and the soul. E S T A B L IS H E D 1896 W . L. RE.AL #Pf hfddftchc Dr Mdot' sniH i ■I N 8 U R . A G R f tA S W & L E • * CLE.MANS, E.STATE AND . ouio eligible to register and in good con dition. ■ (6 HOGS 16 Consisting of 16 Pigs* Duroc Jerseys/ will average about 70 lbs; J Sow will weigh about 800. FARM ING IM P LEM EN TS . 1 Farm wagon, a good one; Disc Drill, good-a<rnew;l Avery corn planter; 1 Champion MowOr; 1 Oliver Corn plow, only used one season; 1 Disc Harrow, Tonguclcss; Truck only usedone season; 1 Oliver Breaking Plow; 1 Spike Tooth Harrow; 1 Wood Hay Kake; 2 Sets of work harness; 2Sets of fly nets; 2 Cob lars, arid other articles, H O U S EH O LD GOODS . I Iron bed stead, 1 4et of springs, 1 mattress, Washing machine, Lawn mow* er, Oil stove, Terms made knownon day o f sate W. D PRINTZ. I ROBERT COREY. Auu. * ‘ ANDREW JACKSON, Clerk, DICK A. TOWNSLEY Certtraetdf fen PtTUKlaiiongj Walks and Vcrartdas a Specially Cftttarvm*, Ohio* PHon# 9-10® ACDITOfi’ B OFFICE, GItEENE COUNTY, OHIO. . Xenia, Ohio, February 8,1912. IN T ub M a t t e r , of D itch I m ­ provement P et it ioned for b y A r th u r E. W i i / dman ot al. To the Lot and Land Owners, and to corporations, either Public or Private, affected by said’ improve­ ment; You, and each of you are hereby notified that on the 16 day ol Jt , nary 1912, Arthur E* Wildman i, .d | others filed with the Auditor of Greene County a petition, the prayer for which 1 b for theDeepening, wide­ ning and straightening of a County ditch on the following route: Com­ mencing at a point m the Howell Ditch at the land line of Mary H. Wildman Hrs, and John Howell’s Heirs and at tho west end of two eight inch tile in said ditch and running thence in a westerly di­ rection With the lino of said Howell Ditch through tho lands of John Howell's Heirs, Charles Litter, and J, H. & T. B, Andrews to the P. O. O. A St. L. B, It. or bo far on said Ditch as will provide good and sufficient outlet to parties benefited, You are also notified that the fol­ lowing time and place have been fixed when and where the Com­ missioners of Groeno County will meet for the hearing of said petition, to wit; Monday, March IB, J9i2 at 10 o’ clock A. M. at head of the ditch lor the purpose of hearing any and all proof offered by any of the parties affected by said ditch improvement, whether the ditch shall be conducive to the piiblic convenience, health and Welfare; whether the route described is the best route; and any and all ob­ jections to said proposed ditch im- drovement. A n y application for compensation or damage, for ,<ny change of route, must be In Writing and filed with said Commissioners og or before th* day set for hearing. , No further notice of any pro­ ceedings in this mAlter will be given. ’WAt.T:m L. D ean . Auditor. fat** iJtieeet mwiM»u|r~-Of, M i m Ml' ), E M ITCHELL Fire - Lightning - Tornado • INSURANCE BEST- COMPANIES , - LOWEST RATES ■butt M EREDITH’ S US I C S T O R E PATRONIZE - DAYTON 'S - BEST Second Largest Classic StocK in the Stats 131 S. Ludlow St., « Dayton, O. Palace Meat Market FRESH & SMOKED M EA T S FRU IT & GROCERIES Truesdale&Rohler SUCCESSORS TO C, C, Cedarville m T3E Busi Cha; W . J*. about th town bu most iiiii cent yes The ro and Wa known a owned h, Dayton, .. Bank, t. Smith, made pu mark, The rt facing X 1 by J. E, * the HIn b y J , P, Mr. Stab gets the cupied company this trad yet ft is 1 recently . his hold! fused. Mr. 8m property attention in the ful ness bloc this year .mzed as 1 and the i; - present it town. Anothe is that • modern North Mr Alford"A writ be doubt on ni’town. improver have a it erty valu A B At the Monday those fan “ The Ha i ■{ ifitll’ I a dispos The chic’ >.*■' ing on tin i| fashioned . ■ added to cooking } istrel W ub and songs »>1 plenty. * were dest ered in th- arranged best “ loc and alias- i.y Well,' V one had a wish then <« new home CB The eva E. church and atten Hoffman 1 - inspiring 1 2 o’clock I the childr the ageso:' Sabbath at 19:30 a. On Sab o’ clock t; specially i tation i§ e : town. Preach1 1 .Week, aist Monday. ri ti ) £ST tala 1 9:30 a. 10:30 a, 1 6:00 p. r. Prayer r ftr. , h ' at 7:00 o’d Official 15 ft") - day evening Mf - * ’ U nit Ki Sabbath k | Preachir «. fin Sub Last offer Boards of t Mission, y . i». e . Miss Helm Proachin in, Subjet for Young series of se tlrayor » mg at 7 p. lsader. Mr. A* t*. Sold his f; near Jarm place back Chaser tall tract. On Mr. MLJo) In Truinbu undecided fvttfcfowh yt< S2552! I-1 - f! I f IE Ml )1