Practical Argumentation by George K. Pattee (summer reading list .txt) 📖

down the river to escape from the fate which had become inevitable to himself. It is very painful to think of the reproaches to his country and to his country’s government that must have passed through the mind of that devoted man during those months of unmerited desertion. In Gordon’s letter of the fourteenth of December he said: “All is up. I expect the catastrophe in ten days’ time; it would not have been so if our people had kept me better informed as to their intentions.”

They had no intentions to inform him of. They were merely acting from hand to mouth to avert the parliamentary censure with which they were threatened. They had no plan, they had no intentions to carry out. If they could have known their intentions, a great hero would have been saved to the British army, a great disgrace would not have fallen on the English government. [Footnote: On the Desertion of Gordon in Egypt, Lord Salisbury, The World’s Famous Orations. Funk & Wagnalls, Vol. V, p. 111.]

2. For any State to make sex a qualification that must ever result in the disfranchisement of one entire half of the people is to pass a bill of attainder, or an ex post facto law, and is therefore a violation of the supreme law of the land. By it the blessings of liberty are forever withheld from women and their female posterity. To them this government has no just powers derived from the consent of the governed. To them this government is not a democracy. It is not a republic. It is an odious aristocracy; a hateful oligarchy of sex; the most hateful aristocracy ever established on the face of the globe; an oligarchy of wealth, where the rich govern the poor. An oligarchy of learning, where the educated govern the ignorant, or even an oligarchy of race where the Saxon rules the African, might be endured; but this oligarchy of sex, which makes father, brothers, husband, sons, the oligarchs over the mother and sisters, the wife and daughters of every household—which ordains all men sovereigns, all women subjects, carries dissension, discord and rebellion into every home of the nation.

Webster, Worcester and Bouvier all define a citizen to be a person in the United States, entitled to vote and hold office.

The only question left to be settled now is: Are women persons? And I hardly believe any of our opponents will have the hardihood to say they are not. Being persons, then, women are citizens; and no State has a right to make any law, or to enforce any old law, that shall abridge their privileges or immunities. Hence, every discrimination against women in the constitutions and laws of the several States is to-day null and void. [Footnote: On Woman’s Right to the Suffrage, Susan B. Anthony. The World’s Famous Orations. Funk & Wagnalls, Vol. X, p. 59.]

3. The “Legal Intelligencer” prints the full text of the recent decision of Judge Sulzberger in the case of Claus & Basher vs. the Rapid Transit Company, which deals with a phase of the question concerning the use of the streets in obstructing public travel. The Judge, in denying the plaintiffs a rule for a new trial, put the matter under review into his customary concise logic, as follows:

The plaintiff contends that the direction for defendant was erroneous, because the jury should have been given the opportunity to pass upon the question whether he was or was not negligent in placing his wagon in such a position that it encroached three or four feet upon the transit company’s track, without which encroachment the accident could not have happened.

His reasons are as follows:

1. That a driver, for the purpose of watering his horses, has the right to encroach on the trolley track.

2. That even if he has not, it is negligence for a motorman not to stop his car in time to prevent a collision in broad daylight with a conspicuous obstacle like a wagon in front of him.

As to the first point:

An obstruction of the highway which is temporary and partial may be justified in cases of plain, evident necessity, but not where that necessity is argumentative and supposititious: Com. vs. Passmore, 1 S. & R. 217; Rex v. Russell, 6 East. 427. There was no necessity on the plaintiff to water his horses in the way he did. Two other ways, both perfectly safe, were open to him. He chose the easiest and the riskiest.

But if there had not been two safe ways open for him, he would still have been guilty of negligence in drawing his wagon across a trolley track, on a busy city street, on which cars were running every minute or two. The primary use of the car track is for public travel, not for watering horses. A permanent watering-trough on a sidewalk, so constructed as not to be usable without stopping the running of the cars, would be a nuisance. The supposed analogy to the right of an abutter to load and unload a necessary article fails entirely. A passing driver is not in the position of an abutter, the reasonableness of whose action is determined by the degree of momentary necessity, and the limit of whose right is that his obstruction must be temporary. Here, however, the watering-trough and not the driver is in the abutter’s position. The watering-trough is a public utility, which every one may use. On a warm day, in a busy city street, hundreds of vehicles may stop there, and the quantity of obstruction is not the time occupied by each, but the sum of the times occupied by all. The effect must necessarily be a serious hindrance to public travel, which might sometimes result in complete stoppage.

To use the thought of Mr. Justice Dean, in Com. vs. Forrest, 170 Pa. 47, the law would soon be invoked to decide whether the car track was for the cars or for vehicles stopped thereon for the purpose of watering horses; whether the driver of such vehicles was in the exercise of a lawful right or was a usurper of the rights of others.

In the case of Attorney-General vs. the Sheffield Gas Consumers’ Company, 19 Eng. Law & Eq. 639, Lord Chancellor Cranworth, considering a similar question, used this illustration: “No doubt that it would be a nuisance, and a very serious nuisance, if a person with a barrel organ, or the bagpipes, were to come and station himself under a person’s window all day. But when he is going through a city, you know that he will stop ten minutes at one place and ten minutes at another, and you know he will so go on during the day.” The watering-trough, however, is stationary.

As to the second point:

The general rule in Pennsylvania is that contributory negligence prevents recovery. This rule, it is true, does not apply where the defendant is guilty of “negligence so wanton and gross as to be evidence of voluntary injury”; Wynn vs. Allord, 5 W. & S. 525; McKnight vs. Ratcliff, 44 Pa. 156. There is, however, nothing in the testimony to indicate that the defendant’s motorman did anything wanton. Coming down a steep hill, he failed for a moment to see an obstacle which he had a right to expect would not be on the track. No one says that he did not do his best to prevent the collision after he had seen the wagon.

The question at bottom is one of public policy. Should the motorman anticipate that persons of mature age will station their wagons across the tracks? If the rights of the traveling public are to be preserved, the answer must be in the negative.

4. Aside from the money question, the most serious problem that confronts the people of America to-day is that of rescuing their cities, their States and the federal government, including the federal judiciary, from absolute control of corporate monopoly. How to restore the voice of the citizen in the government of his country; and how to put an end to those proceedings in some of the higher courts which are farce and mockery on one side, and a criminal usurpation and oppression on the other….

In as much as no government can endure in which corrupt greed not only makes the laws, but decides who shall construe them, many of our best citizens are beginning to despair of the republic. Others urge that we should remove the bribe-givers—that is, destroy this overwhelming temptation by having the government take all these monopolies itself and furnish the service which they now furnish, and thus not only save our institutions, but have the great profits which now go into the pockets of private corporations turned into the public treasury….

Let us see what civilized man is doing elsewhere. Take the cities of Great Britain first, for they have the same power of self-government that American cities have. In all that pertains to the comfort and enterprise of the individual we are far in the lead; but in the government of cities we are far behind. Glasgow has to-day nearly one million inhabitants and is one of the great manufacturing and commercial cities of the world. Thirty years ago there was scarcely a city that was in a worse condition. Private corporations furnished it a poor quality of water, taken from the Clyde River, and they charged high rates for it. The city drained into the Clyde, and it became horribly filthy. Private corporations furnished a poor quality of gas, at a high price; and private companies operated the street railroads. Private companies had the same grip on the people there that they have in most American cities. Owing to the development of great shipbuilding and other industries in the valley of the Clyde, the laboring population of Glasgow became very dense and the means of housing the people were miserable. Poorly lighted, poorly ventilated, filthy houses brought high rents. In many cases two families lived in one room. Cleanliness was impossible, the sanitary conditions were frightful and the death rate was high. As for educational facilities, there were none worth mentioning for these people. The condition of the laboring classes was one of degradation and misery; children were growing up mentally, morally and physically diseased; a generation was coming which threatened to be an expense and a menace to the country. It was a great slum city.

But patriotic and public-spirited men came to the front and gave the city the benefit of their services free. In fact, none of the high city officials in Great Britain received any pay other than the well being of humanity and the good opinions of their country. The city rid itself of the private companies by buying them and then brought fresh water from the highlands, a distance of sixty miles. It doubled the quantity of water furnished the inhabitants, and reduced the cost to consumers by one-half. And yet the department now yields over two hundred thousand dollars a year net income over all fixed charges.

The municipality, after much difficulty, bought the gas plants and gradually reduced the price of gas from $1.14 to 58 cents, and it now illuminates not only the streets and public places, but all passageways and stairways in flat buildings, experience having shown that a good lamp is almost as useful as a policeman. The total debt of the city for plants, extensions, etc., to illumine perfectly all the city had reached nearly five and a half millions of dollars. Notwithstanding the low price at which gas is sold, this sum has gradually been reduced to less than two and a half millions of dollars out of the earnings of the system, and it will soon be wiped out and the entire revenue go into the city treasury.

The street railways were