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it cannot rank with such singers as the All hunters should be nature-lovers. It wood-thrush and the hermit-thrush." is to be hoped that the days of mere

In his “ Pastimes of an American wasteful, boastful slaughter are past, and Hunter" he says: “... It is an incal- that from now on the hunter will stand culable added pleasure to any one's sense foremost in working for the preservation of happiness if he or she grows to know, and perpetuation of the wild life, whether even slightly and imperfectly, how to read big or little.” Surely this man is the and enjoy the wonder-book of nature. rarest kind of a sportsman.

OF

EXECUTIVE INTIMIDATION

THE JUDICIARY

BY FREDERICK M. DAVENPORT

Professor in Political Science, Hamilton College

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HERE is a broad distinction, sound jurisprudence and a wise public

which the American people can policy probably unite in the defense of

be trusted to make, between a Jefferson and Lincoln, in spite of the usurping executive and a thoroughly Supreme Court and the Constitution. efficient executive. As a matter of fact, But President Roosevelt has been so the constitution is fortunately so framed governmentally discreet and so judithat a strong man can be President of ciously advised up to the present time the United States and not lose his mental that both the venerable National charter or moral virility. Most of our execu- and a sound public opinion seem to tives, as the result of political compro- uphold him in his several extraordinary mise in selection, have been, on the whole, executive acts. Mr. Roosevelt has indeed mediocre men. Since the wise and roundly fulfilled the function of his benevolent administration of Washing- office, but within the limits of the Constiton there have been only four Presidents tution and with an eye single to the norof pre-eminent executive strength. These mal evolution of democracy. men are Jefferson, Jackson, Lincoln, and The President of the Louisville and Roosevelt. And Roosevelt is the only Nashville Railway Company recently one of the four who has not actually made a bitter attack upon the chief exceeded his Constitutional powers. executive of the Nation for alleged intimJefferson consciously and avowedly idation of Federal judges through sharp strained the great document in the mat- criticisms in two messages to Congress. ter of the Louisiana purchase. Jackson The human illustrations which the raildefied the distinguished head of our judi- way president had in mind were evicial system to his face in the Georgia dently Justice Humphrey in the case Cherokee case. “ John Marshall has against the packers, and Justice Evans, issued his order," said the narrow man of the western district of Kentucky, in of iron ; “now let him enforce it.” And the case in which the Louisville and it was never enforced. And in that Nashville was virtually the defendant. defiance Jackson unquestionably frac- As a matter of fact, the President of the tured the Constitution. Lincoln's estab- United States referred to these cases lishment of martial law and suspension with a measure of natural unction in of the privilege of the writ of habeas order that he might sharply arrest the corpus in sections of the country where attention of Congress and the country the ordinary courts still had proper and and bring to their immediate notice cerunobstructed exercise of jurisdiction was tain flagrant weaknesses in our system held to be ultra vires by decision of the of legal procedure. They were defects Supreme Court, after the war was over, which the Attorney-General justly stigin the case of ex parte Milligan. A matized as monstrous, and they certainly

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did involve in too many cases a gross

tive to a diner by the link and pin system. miscarriage of justice. As a result of

As a result of He was obliged to make the coupling in this straightforward criticism, not of the old fashion because the engine was judges but of imperfect and feeble legal equipped with a master car-builder's procedure, the Government of the United coupler and the dining-car with a Miller States is in a far better position than it hook, and these different types will not has ever been in its fight against the “couple automatically by impact,” as abuses of those artful and artificial per- the law directs. W.O. Johnson brought sons, the great privileged corporations. suit for damages in the State courts of The President of the United States in Utah. The Southern Pacific Railway this matter spoke for the progressive Company fought the suit with its accusdemocratic thought of the Nation. The tomed energy, ability, and resource, and President of the Louisville and Nash- had the case removed to the Circuit ville Railway Company spoke for his Court of the United States for Utab. corporation and its fears. His anxiety Upon the trial of the case in this Court lest the Federal judges should be intimi- the jury were instructed to return a dated is pathetic in view of his testimony verdict favorable to the Southern Pacific before the Inter-State Commerce Com- Company, mainly on the

the technical mission some years ago. During the ground that a locomotive was not a car course of the hearing he was questioned within the meaning of the act. The as to the extent of the free-pass evil on Circuit Court of Appeals affirmed the his road. He answered :“I think I will judgment of the court below. And the have to refer you to our attorney. I humble brakeman, W. O. Johnson, and think Mr. Baxter has been of the opinion, his humble friends were almost convinced and I fear most of our attorneys have that the Federal courts of the United been of the same opinion, that it is well

States are on the side of the strong not to appear before a judge unless he rather than the weak, and were ready to has a pass, if he wants one."

give up what seemed a hopeless strugPresident Roosevelt's intimidation of gle. But the cry of that humble Amerthe judiciary resolves itself into the use ican citizen, imprisoned in a dungeon of a strong man's Constitutional powers of the law, was heard by the chief execin the interest of the rights of the hum- utive in Washington in 1904, and at his blest citizen. The growth of the demo- instigation the Department of Justice precratic spirit in government can be traced vailed upon the Supreme Court of the in law as clearly as in the tread of armies, United States to call up the record of and a classical example of this demo- the inferior court, that the case might cratic spirit, revealing itself through effi- be reviewed. The brief was filed by cient executive initiative, is likely to be Attorney-General Knox, a brilliant

arguthe case of W. O. Johnson versus The ment was made by Solicitor-General Southern Pacific Railway Company. Hoyt, and finally, under the leader

.

, Undoubtedly Mr. Harriman would inter- ship of William H. Moody, the cause pret this case also in terms of intimida- of that humble brakeman was

won, tion and interference with a co-ordinate and the Supreme Court, by unanimous department of government, but not so decision, affirmed that the inferior court the American people.

had been wrong on all points, that a In 1893 the safety appliance act for locomotive was a car within the intent the use of automatic couplers passed the of Congress, and that American citizen Federal Congress. For several reasons W. 0. Johnson should have damages the application of that act to the South- from the great negligent corporation. ern Pacific Railway Company was de- This intervention, rather than interlayed until the first of August, 1900, ference, of the Executive and the Departwhen it became operative for that cor- ment of Justice at Washington in purely poration. On the 5th of August, 1900, private litigation, to succor a humble a humble brakeman, W. O. Johnson, had citizen and protect the integrity of the . his hand crushed at the wrist at Prom- laws of Congress, is unprecedented ii. ontory, Utah, while coupling a locomo- the history of this Government. And

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this act alone is sufficient to stamp the American it is just this sort of executive
administration of President Roosevelt as strength and sense and revelation of the
exceedingly beneficent and far-reaching spirit of our democracy which makes a
in the interest of the weak against the country worth living for and worth dying
strong. Following the precedent estab- for.
lished in the Johnson case, a similar And so, in spite of the whimsicali-
action has been taken to preserve the ties of the President's nature criticisms,
integrity of the Employers' Liability Law in spite of his relaxing flirtation with
passed at the last session of Congress. simplified spelling and his strenuous
The Government has intervened in the insistence upon fixing the terms of mem-
suit of an employee and taken an appeal bership in the National Ananias Asso-
to the Supreme Court of the United ciation, the American people love the
States on a writ of error. Certain rail- big stick" and have little objection to
way presidents regard this as intimidation its free use, within the limits of the Con-
and unwarrantable interference with the stitution, in the interest of equality of
courts of justice. But to the average opportunity for every man.

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And what I say unto you I say unto all, Watch.- the trees, the flowers, the birds. It is
Mark xiii. 37.

important to know how Christianity E hear a great deal about his- wrought the abolition of slavery in the

torical Christianity and prim- Roman Empire ; it was more important

itive Christianity; not enough in 1860 for Christians to know that the about present-day Christianity and pro- same spirit of Christ called them to phetic Christianity. The Church has abolish slavery in the American Repubturned the face of its members too much lic. It is important to know that by his toward the past. The Scripture bids us sacrifice Christ saved from sin; it is turn our faces toward the future.

more important to know that by his This was distinctly the characteristic spirit of sacrifice inspired in all who of the Old Testament. The prophetic truly follow him he is now saving from writers told their hearers that the Golden sin. It is important to read in the SerAge lay in the future, not in the past. mon on the Mount and in the closing They always bid them look forward, not chapters of John's Gospel the words backward. Christ did the same. His Christ spoke to his disciples in the first last words to his disciples was of his century. It is more important to hear future coming; his last counsel to them the words he is speaking to us in this was to watch for him.

twentieth century, in every sorrow for The same spirit which was in Jesus of sin committed or duty neglected, in Nazareth calling James and John to every aspiration to a higher and purer service, comforting Mary and Martha in life, in every summons to duty the more their affliction, assuring the weeping difficult to do the more joyful in the penitent of forgiveness, is in the world doing, in every mystic consciousness of to-day calling to service, comforting in a transcendent presence communing with sorrow, succoring from sin. It is im- us in an inexpressible fellowship. It portant to know what Christ did ; it is is important to know whence he has led more important to know what he is his Church in the past. It is more imdoing. It is important to believe that in portant to form some idea of whither he the beginning God created the heavens is leading the Church in the present and and the earth. It is more important to to what goal in the future. see him this summer creating the grass, Watch for his coming. If we do not

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see him, it is because we do not look for look not for him. But it is here in him. I wonder how many of us would America in this twentieth century as it have seen him if we had lived in Galilee was in Athens in the first century, that when he lived ; to how many of us would he is not far from every one of us, for in he have been anything more than the him we live and move and have our Son of the Carpenter ? God never ob- being. We shall not see him if we do trudes himself. He comes not where not watch for him ; we may see him if he is not wanted. He is not seen if we we do watch for him.

"T

66

THE CITY EDITOR

BY SYLVESTER BAXTER \HE same

old shack !” said air rasped his throat and he gave a quick Deering to himself as he cough. Just off the head of the stairs,

climbed the shabby stairway. up one flight, was clustered a group of It was three years since he was last in office-boys, busy, semi-busy, or misthe Planet office. Meanwhile he had chievously idle, according to the habits been assisting at history and he had wit- of their kind. “ As he unceremoniously nessed the greatest of all wars ; with stepped past the gate, one of these peace in sight, he had turned from Man- guardians of the threshold called a halt churia back to Japan to see how the with a peremptory—“What is it you victors took their triumph. Next came

want, sir?" an observation trip round the world, in- • He knows not Joseph,” was Deercluding a side journey to South Africa ing's thought, and he was half-minded to to take a plunge into the wilderness with adopt the suppliant air becoming a the British Association. Then no sooner stranger in such case. But just then a was he back in the States than off he shapely youngster looked up from a desk was posted on a special mission to South at the end of the room : America-down the east coast to Argen- “ Hello, Mr. Deering! When did you tina, across the Andes to Chile, up the get back ? I'm awfully glad to see you." west coast to Panama, and home. Such And the cordial look of the boy's clear had been the recent activities of one eyes doubled the worth of his friendly "author-journalist," as Deering had smile. laughingly called himself when steam- “ Can this be you, Arthur? How you ship pursers, customs officers, immigrant have shot up! You were junior kid inspectors, and foreign hotel clerks asked

when I went away. So your underling his profession, the date of his birth, and here wasn't going to let me pass. Well, sundry other inconsequent questions he knows his duty !” Deering patted the according to law.

shoulder of the little sentinel. Back in his home city once more, he you all look so much like the same old took the first opportunity to look in at gang that I half expected to find you the Planet office and see Hooker, with still at the gate, Arthur, just the same as the rest of the old boys. « The same old then. I see you are • Chief Cadet' now. shack and the same old smells !” Muddy Good for you! I knew you had the stuff slush had been tracked in over the the moment I laid eyes on you your first counting-room floors and was drying in day in the office. I'll warrant you will the steam-heated air—its stench eloquent not stop where you are.” of street-cleaning deficiencies. Up from “Not if I can help it,” said the boy, the pressroom rose the odor of printers' earnestly. “ Mr. Hooker has promised ink and nascent newspapers. And down me a chance on the city force the first the stairs streamed the acrid smell of vacancy. I mean to make something of chemicals from the illustration depart- myself if I can. Do you know, Mr. ment, overcoming the stale breath of the Deering, the few words of encourage superheated offices. The sharp-flavored ment you used to give me helped me

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more than I can say. I want to tell you the unexpected, the sensational things I am trying a college course by corre- that are constantly happening—things spondence. It's going to be hard work. that often upset the entire programme But I've gone through the Evening for the day or the week, and demand a High and it's worth trying. A fellow radical revision of arrangements. can't learn any too much.”

Against each“ assignment” is written • Keep on and you'll get there,” said the name of the reporter detailed to look Deering. “The next I hear you'll be after it. Each man receives his instrucstar reporter. But there's something tions for the day both verbally and in even more than that, you know.”

writing, as a rule. When assignments · Well, Mr. Deering, if I can ever get are of any special character, the reporters to where you are I'll be satisfied.” are selected with reference to their qual

Oh, no, you won't. I'm nowhere to ifications for the work. Individually, speak of. But is Mr. Hooker in ?"

” and in the order and quality of their Yes, he came in half an hour ago." talents, reporters differ“ one star "Well, good luck to you, Arthur ! I'll differeth from another,” and one of the see you every little while for some days chief marks of a city editor's capacity is to come. And the hearty handshake the ability to discern these capabilities seemed to lift the ambitious boy per- and utilize his force to corresponding ceptibly nearer the level with himself he advantage. was destined to achieve.

The two examined entry after entry Deering made his way to a corner down the pages of the big book, pausing room. Here a

man with dark hair now and then to scrutinize and consider. touched with gray at the temples was “ Here's Mellin down for the Rumford sitting at a desk, a big book before him. lectures. Where's Edelmann ?” asked Looking over this book with him was a the City Editor. keen-faced younger man seated beside “We've just got word that Murovich him. The former had a deliberate air is coming by the Federal to-night, and combined with a strikingly alert expres- Edelmann knows Russian so well that sion and a decisive manner. It was a he's the man to get a story out of him. weighty conference, though a repetition And Mellin knows all about microbes of what took place daily at that hour. and ions and things. They say there's It was to be largely decisive of the a tremendous popular interest in ProfesPlanet's course for a stated interval in sor Lenman's course, and he is going its orbit. The City Editor and his as- to have overflow matinées' on Wednessistant were looking over the assignment days and Saturdays." book together. "Chief Reporter " they Good for Lenman ! That means call the position on English newspapers. he gets double pay. We must give him But here in the States, perhaps more a good show. Better have Mellin give correctly on the whole, the title is “City him a column or so every time. FeaEditor.” In these days the chief of the ture it! Make the microbe-menageries reporters does no reporting himself, and interesting !" his authoritative position is certainly “ Mellin will extract the interest all "editorial,” according to the best defini- right," said the younger man. tions.

" And get things straight, as well," The assignment book ! It is the remarked the City Editor. newspaper's book of fate. Therein are

Meanwhile Deering stood at the raildiligently recorded, under their respect- ing that barred off the outer part of the ive dates, all the events of any impor- room—at times a useful barrier against tance whatever that are to occur within the too emphatic entrance of some the local sphere of the newspaper. They wrought-up reader. As they proceeded represent the routine features of the to consider the next entry Deering spoke work. They are known and taken into in a disguised tone : “ Mr. Hooker, I account days, weeks, and months before presume?” they come to pass. -Along with them, The City Editor looked up with an for each day, are entered the unforeseen, air of impatience at the interruption.

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