Smith's Mileage Case Again

Some time ago we published a history of Henry C. Smith's connection with the now famous lawsuit brought in his name against the Lake Shore Railroad Co. to test the validity of the law passed by the democratic legislature of 1891 compelling railroad companies to sell mileage books good for the family of the purchaser, at the uniform rate of two cents per mile. That article proved to the satisfaction of all but Mr. Smith that Henry C. Smith, the railroad attorney, is masquerading when he poses as Henry C. Smith the anti-corporationist and people's friend. Henry C. Smith, the people's friend, complains that we did not treat Henry C. Smith, the railroad attorney, fairly in our statement of facts and is making this alleged misrepresentation the text of his campaign speeches. We give below an extract from the report of the attorney general of the state of Michigan for the year ending June 30, 1896, on page 32 of said report found in "Joint Documents 1896," Vol. 4, is as follows :

"Henry C. Smith, relator, v. The Lake Shore & Michigan Southern Railway Company, respondent. Mandamus. Granted.

The application for mandamus in this case was filed by relator in October, 1893, in the circuit court for the county of Lenawee, and issue was soon thereafter joined.

"On the coming in of respondent's answer, it became apparent to the relator that his application would be stubbornly contested by the railroad company, and involve heavy expense and protracted litigation.

"The benefits to him as such ticket asked were so small in proportion to the expense and annoyance of litigation, that the relator practically abandoned the contest, and for that reason it lay dormant until the intervention of the state authorities.

"The legislature at its last session passed the following resolutions:

Concurrent resolution, 1893.

"Authorizing the commencement of proceedings against the Lake Shore & Michigan Southern Railway Company.

Resolved by the senate (the house of representatives concurring) that the attorney general and the commissioner of railroads are hereby authorized and directed to commence proceedings against the Lake Shore & Michigan Southern Railway Company, in order to test the legality of the act 123 of the public acts of 1891, and to determine whether or not, by virtue of said act, said railway company is subject to all the restrictions, and liable to perform all duties now imposed by the general laws upon railway companies.

"Approved May 27, 1893.

"The honorable commissioner of railroads and the attorney general, having learned of the pendency of this suit and its condition, instead of instituting a new suit, in pursuance of the joint resolution of the legislature, adopted this case, took charge of it, and are now prosecuting it to a conclusion, the case having been appealed to the supreme court of this state in June, 1896, and is now pending the decision of that tribunal."

This report will be conclusive evidence to most people (excepting Henry and his old friend from Kentucky) that Henry is guilty of stealing campaign thunder.

In the annual report of state auditors for the year 1897, found on page 80 of Joint Documents, for the year 1897, volume 1, will be found the following proof that Smith got his pay.

Watts, Bean & Smith, services in Circuit and Supreme Court mileage case... $300

July 1, expenses to Lansing, $9; Times & Expositor, $37...

46

$346

There are two bright young soldiers on the democratic ticket. Remember it next Tuesday.

The Washtenaw candidate for state senator is Charles A. Ward. See to it that the republican voters are reminded of it.

Clifford B. Huston is as able and worthy a man as ever ran for register of deeds. He is a good, clean cut business man. Vote for him.

If the democratic vote in Washtenaw is out we will win not only in the county but also in the congressional district. See that every vote is out.

Vote for Pierce, the man of the people, the solid, substantial business man, with good sense and cool judgment - not a flippant talker and joker.

Don't forget that William H. Murray, the private soldier, and Tracy L. Towner, the bright and clean young lawyer, are running for circuit court commissioners.

Jacob F. Schuh richly deserves reelection. He has made a careful and economical county clerk. He understands the duties of the office. See to it that he is re-elected.

John Gillen will make one of the best sheriffs this county has ever had. The editor of this paper has had business dealings with him for years and knows that he thoroughly is honest. capable, prompt and trustworthy.

Those that know Henry Stumpenhusen best, will vote for him irrespective of their politics. That is the kind of a man he is. Sturdy, self reliant, cool headed, intelligent, honest, of broad views, he will make a good legislator.

The other day Henry C. Smith was seen perched on a tallybo coach in this city going out to the ball game, with horns, yells, etc. A well known farmer, who was in the city, called attention to it with the remark that, "We want to send men to congress, not boys."

It is not necessary to ask those who know B. F. Watts to vote for him, further than to remind the voters that he is running for coroner and wants the office. Dr. Christian F. Kapp, of Manchester, is the other candidate for coroner on the democratic ticket and is a worthy man, a physician of high standing and should receive a big vote.

Mark your ballot with a cross in the circle under the democratic vignette. The vignette on the ballot will be the same as at the head of the ticket on this page. It will be found in the second column of names. The list of offices will be in the first column on the ticket, the republican nominees are in the second column and the democratic in the third column, then follows several other columns for the minor parties.

It ought not to be necessary to remind the friends of the university that it is to their interest to see to the election of Charles A. Ward as senator. He is the only legislative candidate on either ticket from Ann Arbor city. He is off campaigning and the man whom Sharpe calls "Ward's wicked partner" pens these editorials, so that we are free to say that Charles A. Ward will devote himself to looking after the great educational interests of this county which has within its borders the University and the State Normal college.

George J. Mann is a modest farmer, with a good knowledge of bookkeeping, who made an excellent town treasurer of Freedom, and afterwards of Lodi, who lost his arm at the age of 13, but who did not let this fact stand in the way of his making a good farmer and doing his own work. He is a man whose character has always been above reproach, a careful, honest, conscientious man, whose accounts will always be found straight to a cent. He would make a fine county treasurer and the people have a chance to make him such next Tuesday.

Very few of the boys of the 31st Michigan will be able to vote this year. The constitution of the state permits them to vote at their camp, but there is no statute to permit this intention to be carried out. The republican legislature was in session after the war was on, but took no steps to permit the soldiers to vote. Too many of the brave boys in blue vote the democratic ticket. The republicans could have permitted the soldiers to vote if they would. They failed to do so. The friends of the soldiers should remember that the republicans have deprived the soldiers of their right to vote at this election.

Let every democrat vote Tuesday forenoon. Don't delay voting until the afternoon. A vote in the forenoon assists the party workers.

The Register claims that the libel suits brought against it and Mr. Allmendinger are bluffs. Is that the reason why the Register has confined its booming of county candidates to Kingsley and Jones.

Judge Babbitt and Arthur Brown have made affidavits that they have received do pay from the county and have no claims against it for services as acting prosecuting attorney. Maj. Kirk has seen to it that the county has not suffered by his absence.

Justin B. Whiting, the democratic nominee for governor, is one of the cleanest and best men ever nominated for governor. That he, a democrat, could represent a republican district in congress four successive terms indicates what kind of a calibred man he is.

Honest John Gillen has been maligned in certain quarters. The Moranites have not hesitated to slander him and an appeal to the German voters has been founded upon a lie pure and simple. Rebuke this sort of work at the polls Tuesday by rolling up a good majority for Gillen.

The republican party is not the old republican party of Lincoln, Sumner and Seward. Its principles are not their principles. It has established a new set of principles and to intrench itself in power, caters to the millionaires who can furnish large sums of money to corrupt and debauch elections. This is a good year for the good old line republicans and the honest young republicans to administer such a stinging rebuke as will cause the republican party to purify itself to regain their support.

Major John P. Kirk has made a good prosecuting attorney. He is a lawyer of ability. When he though his country needed men he went to the front. Now that the war is over he is ready to return to private life and will throw up his commission if elected prosecuting attorney. During his absence the work of the prosecuting attorney was done by Judge Babbitt and Arthur Brown, two competent attorneys without expense to the county. Major Kirk has shown his patriotism and deserves well of the voters of Washtenaw.

Nathan E. Sutton, of Northfield, needs no introduction to our readers. He is a successful farmer and our farmer readers know that it requires brains to make a successful farmer in these days. He has been in the legislature and is therefore better fitted to go back. He has kept posted on state matters and although he isn't a speech maker, he is all the better for that. The work of the legislature is done in the committee rooms and the talkers prolong the sessions unnecessarily at the expense of the taxpayers. Vote for Nathan E. Sutton.

The Germans are not fools and Editor Helber cannot fool them into voting for Henry C. Smith by trying to make them believe that Smith's name is Heinrich Christian Schmid. There is not a drop of German blood in Smith's veins. His name is not Heinrich; it is not Christian and it is not Schmid. Smith has allowed Helber to publicly introduce him under an assumed name. It must be that he does not credit the Germans with intelligence. He will find when the votes are cast that he cannot fool them and that they take no stock in seeking for votes under false pretenses.

The republicans are making a hulabaloo about Maj. Kirk being ineligible for election because he is an officer in the army and cite the case of Lieut. W. F. Pack who was discharged so that he could run for the legislature to sustain their contention. There is absolutely no foundation for the disturbance. There is a provision in the constitution of Michigan, Sec. 6, Art. 4, which provides that no officer of the United States shall be eligible to a seat in the legislature. But it applies only to candidates for the legislature and not to Maj. Kirk's case and the republicans know this. All such unfair electioneering dodges should be rebuked next Tuesday. Vote for the soldier candidate, Maj. Kirk, and he will be the next prosecuting attorney.