THE RURAL NEW-YORKER 
107 
1908 . 
A LETTER FROM GOVERNOR HUGHES. 
In reply to the charges which The R. N.-Y. pre-: 
sented to Governor Hughes against Frank E. Dawiey, 
we have received through his secretary a reply from 
which we take the following extract: 
With regard to the charges against Mr. Dawiey in con¬ 
nection with the sale of cattle, the Governor has received 
information that suits for libel were brought by Mr. Dawiey 
against The Rural, New-Yorker growing out of the 
charges that bad been made in your paper, that there are 
three such suits: that in each case in addition to other 
defenses you pleaded in abatement that there was a mis¬ 
nomer of tiie defendant, there being no such company as The 
Kura I New Yorker, the name of the company being The Rural 
Publishing Company; and that on motion of the plaintiff 
leave has been granted to make the necessary correction 
and to serve an amended complaint. It is stated that the 
plaintiff is anxious to try the case; and as you are also 
desirous of trying it, there would appear to be no reason 
why trial should be long delayed after issue has been 
joined on the amended complaint. As you plead justifica¬ 
tion, tiie truth of your charges in relation to Mr. Dawley’s 
sale of cattle will be tried out. 
While tiie Governor is solicitous that every proper sub¬ 
ject of departmental investigation should be thoroughly 
inquired into, it is a different matter to take up questions 
relating to transactions outside the scope of official duty 
which are involved in pending litigation. With respect to 
such matters neither party should lie prejudiced in the 
prosecution or defense of iiis civil rights. On the contrary 
a suit may furnish the best means for the determination of 
tiie controversy, and nothing should be done which would 
tend to delay it or to affect either party’s standing in 
relation to it. 
To this wc have made the following reply: 
To Governor Hughes: 
We regret to see that you are misinformed and 
misled in reference to the Hawley cattle case. If 
you had been familiar with Mr. Dawley’s astuteness, 
you would have recognized his trick in suing the de¬ 
funct Rural New Yorker Company, instead of the 
responsible Rural Publishing Company. He evidently 
expected our attorney would advise us to let him get 
an undefended judgment against a company with 
which we have no connection, and he could then rep¬ 
resent to farmers and others not fully advised that he 
had secured a victory and vindicated his records. We 
simply declined to further the trick. We plainly cited 
the fact in our answer to the court on Sepember 23 
that he was suing the wrong party, and gave him in 
our answer our full corporate name and address, and 
announced that we were responsible for the publication, 
and we do not need to tell you that if he were sincere 
in wishing to bring the case to trial he might have 
amended his complaint as a matter of course, the 
next day or any day since and corrected the 
summons and complaint without causing any mate¬ 
rial delay. He could readily have discontinued the 
actions wrongly brought and served a new summons 
and complaint on the right party in September He 
did nothing of the sort, but permitted the situation 
to drag along. In the meantime to encourage his flag¬ 
ging interest we filed notice of trial for November. 
He never filed a cross notice. His attorney on the 
contrary, came to New York on November 2 and in 
the presence of Geo. E. Peer, Elmer A. Darling and 
the publisher of this paper stated that he had come 
solely for the purpose of arranging an arbitration of 
the whole affair including the award of damages to 
Rogers and Squiers, if it be shown they suffered dam¬ 
ages. He agreed to a prompt open and full investi¬ 
gation by the American Jersey Cattle Club. The Club, 
however, had just previously voted to investigate. This 
was all we ever demanded, and wc readily consented. 
Later the Club declined the arbitration task, and 
decided on a private inquiry of the cattle records. 
This suited Mr. Dawiey, and he refused to go on with 
the open investigation before any other committee. 
The scheme simply served his purpose of delay. He 
did nothing for nearly four months, and then only 
after we had presented the complaint to you and ft 
became necessary to account to you. The court on 
January 11, on his application, permitted him to amend 
by changing the name of the defendant. The motion 
was granted in Syracuse on January 11, 1908, yet the 
plaintiff did nothing whatever toward serving the 
amended complaint until January 27, after a delay 
of over two weeks. He had previously declined our 
suggestion for a prompt trial. This state of affairs 
being inconsistent with the theory of your letter, which 
tends to give the impression, no doubt inspired by 
Mr. Dawiey, that we were responsible for the delay, 
we can only conclude that you have been deceived by 
relying upon Mr. Dawley’s statements to you, and the 
facts regarding the suits being court records are easily 
verified. We shall file notice of trial for March, which 
is customary for the plaintiff and not the defendant 
to do. The time limit will not permit earlier trial 
notice, hut we will pledge ourselves to try the case any 
day in the meantime at 10 days’ notice. We predict, 
however, that Mr. Dawiey will find other excuses to 
avoid the trial. 
Mr. Dawiey stands publicly accused by responsible 
citizens of buying grade heifers from one farmer and 
selling them to other farmers as purebred registered 
animals. The evidence is corroborated. He is also 
accused of selling grade cows as substitutes with the 
transfer papers of dead registered animals, and of 
registering calves to a particular cow for three suc¬ 
cessive years after her death. Now are we to under¬ 
stand that the State considers it sufficient answer to 
such serious charges against its official, that Mr. Daw- 
ley file alleged libel suits against a newspaper on t: * .;! 
complaints, immaterial to these charges? Such a trial 
may be delayed indefinitely, and finally abandoned, but 
even if speedily tried it would not decide the principle 
involved in this case nor settle the most serious charge . 
against Mr. Dawiey. If filing a libel suit against a 
paper is to immune an accused appointive official from 
criticism or investigation by his superiors in office, few 
dishonest officials will make timely answer for their 
misdeeds. 
We agree with you that ordinarily the court is the 
proper place to settle disputes between citizens, but 
Mr. Dawley’s position was created on the theory that 
it is the duty of the State to help and instruct those 
who are unable to help and protect themselves. Rogers 
and Squiers say that they relied on Mr. Dawley’s repre¬ 
sentations because of his official position. They allege 
that because of such reliance they were grossly de¬ 
ceived and defrauded by Dawiey. He is thus accused of 
cheating the people whom it is his official duty to assist 
and instruct. Is it to be said that the State is indif¬ 
ferent to such charges openly made and sworn to by 
responsible citizens, and that the only recourse for his 
victims is an expens ive and protracted prosecution 
in the courts, which they have neither the means nor 
the time to invoke? Is it not rather the duty of the 
State in such a case to impure into the conduct of its 
servant, and improve his efficiency and vindicate his 
good name if he he innocent, or remove him from his 
position of emolument and trust if he be guilty? No 
farmer of this State will feel that any honest man 
need fear an inquiry into his conduct by the present 
occupant of our Executive Chamber. 
We believe it to be important to your administration 
as well as to other interests that you have a clear 
understanding of this case. Many farmers have already 
written you their convictions on this subject. These 
farmers, Governor, expect a great deal of you. They 
have taken -our speeches on the subject of official con¬ 
duct literally, and they would he greatly disappointed 
if any technicality or academic construction would 
induce you to continue a man in the State service 
under your control after he was publicly accused of 
crime, and after he had refused for two years to meet 
the charges of responsible citizens in an open investi¬ 
gation. This affair has already increased the distrust 
of farmers in the Agricultural Department of the 
State. A prompt, exhaustive and open investigation 
of all the charges at this time, and a fearless adjudica¬ 
tion of the facts disclosed would do more than any¬ 
thing else could to restore the confidence of farmers in 
the affairs of state and to inspire respect for the offi¬ 
cials who are charged with the enforcement of its 
laws 
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