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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (March 9, 1912)
,,q;;.m.m, uitLOUMAA, r.vAci-v. -'i-atta v POHLMAN REFUSES 10 ENLIGHTEN JURY Business Agent of Seattle Iron Workers' Union Declines to Answer Questions. PERSONAL MAIL IS OPENED ilnr Ir-larr I-rttcr Had Been Head Before Bolns Delivered. Contempt rrocrfdlns Are Con templated b Tro-ecirtton. !-.; ASHKLKf. Mar. -h H fe-Mman. hulnesa acent of the Seat tle Iron Workers' I'nion. proved an i.r.sattsfactory witness before the Fed arar.d Jury. hl.-h r"i n v.stlcatlr.n of tli- National djnamlte ror.Tl. a. v here today, and a' a result rort-mi.t" proved intra against him ,vr contemplated. To'Iman declined to answer certain ,,,,-stlons asked ny the Ke.icral V' cu-r and 30 minute, 'rr Mm to thlrk It over and decide if he. wished t continue In th'it attitude. In t-. half hour h obtained, :cBal advice and when the. reccs s em.ed again r.fused to answer. He was "J remain under s-ibprr until the grand Jury meets again, probably next I- rt- Fohl!nan expected to rroduce the hooka and record .f the Seattle union for the arand Jury Inspection toda. hut did not do so because, he averted. AV H VUrrijon. jiotmt"r In ! An e'le.' was ordered In a later suhpena to take tr.ce documents, scheduled to arrtre here by mail, into the grand J-iry chamber. Mall Take t Jurreai. Tollman allcccd that 1-awlcr. pre vinn to t ie crund Jury's session, called l.im into his offices and said: Well, those thine, have. come. What thlnss'" demandl Pnhlmin. -Whv the books, recurd and corre spondence you teJesraphfd to Seattle for according to the order Riven you Tue.i..y." the prosecutor was alleged to have responded: B -Iow do ii know about my mail. 1emanrird rohlman. "Well, they're addressed to this or n ,-r." rrturnod I-awler. They are not." declared Polilman: the're addressed to me." Well, thev'll be up here soon, any-wv.'- replied the prosecutor. Then, according to I'ohlman. he went to the pcstofTice. but obtained no mail. Iviter Tostmaster Harrison took a packago which Tohlman asserted waa addressed to hlra Into the grand Jury Letters Osieaed. la Ckarge. fohlnian. who said th.it other let ters addressed to him here had been opened before, they ere delivered, said he had nothing to conceal, but object ed to the procedure. He said he had contemplated legal steps to recover the paekace he alleged waa in the posses sion of the postmaster. He said the parkace probably contaln-d his corre spondence "Hi' ' J- MeNamara. the .ivnannlcr now In San Quentln Penl teniary. when he was secretary-treasurer ..f the International Association of Bridco and Structural Iron Work ers He said he never had corre sponded with K. A. Clancy, hut had trlcaraphcd to Lis associate In Scut , tn rnd such correspondence If they could find it. He allowed a telegram from Scot I Hof.dltx, temporary secre tary of the Seattle union, which con tained the phrase. -Find r.o Clancy letter.' TAFT ANSWERS ROOSEVELT .'f.nlirM From F1-l Pare. ..f iuilici.il decisions. Let us examine thrse rcmeilics separately. -In the remedy by Judicial recall, it i proposed to provide by law that whenever a Judge has s.. discharged his duties as to induce a certain per centage of the electorate to deem It wise to remove him, and that percent ace sign a petition unking his recall. ..n election shall take place In which the incumbent shall stand against other candidates: and if he does not secure a plurality of votes, he la Ipso facto re movcri. Could a system be devised bet ter adapted to deprive the Judlclary or tiiat Independence witho: which the liberty and ether rights of the lndt ldual cannot be maintained against RH it ts said we may have cor rurl Judges. Mow are we going to ret ml of them? They can he Im peached under our present evstem. Hut that i- s.ild to ie too cumbersome. Well, amend the procedure of Impeach ment Create a tribunal for removal ..f ju'iss fer cause. i;ie them an op port'inity to he heard, and by an Im partial tribtir.a'; but do not create a system by which, in the heat of disap pointment over a lost cause, the de feated lit ciri'J are to decide without further hearing or kiiom-lcdge whether the Judge who decides against t.icm is li continue In office. Suaacet I"" Without I'rrrrdral. 'Let us examine tie other method p-op-ised for the reform of the Jud ''""'iS" "i.at Is the recall of decisions. By t:.ls mctr-nd. when a Supreme Court l.i- found a law. Intended to tecure pupile benefit, to he invalid because It tnfrlrnres some constitutional limi tation, fft- tieeislon Is to be submitted t. a i ete of the qualified electors, and If a matortty of them differ from the co-irt and reverse the decision, the law is to be reKsrded and enforced as valid ar.d constitutional. "This I a remarkable suircestion ard ore that Is so contrary to anything In jrovernment heretofore proposed that It Is bare to irlve It he serious con sideration that It deserves, because of Irs advocates and of the conditions un der which It Is advanced. "What the court decides is the en acted law violates the fundamental law ard la beyond the power of the Legis lature to ena -t. But when this Issue la presented to the electors, what will be the qurtori uppermost in the minds of most of them and forced upon them bv the advocates of the law? Will It not necessarily be whether the lam- U on Its merits a j;ood law rather than whether It conflicts with the Constitu tion? The Interpretation of the Con stitution and the operation of a law to vioiate some llmltatlop of that Instru ment are often r.lce questions to be settled by Judicial reasoning and far siRlited experience, which are not to- be expected i f the electorate, or welcomed tv It. If the issue Is transferred to taem. the simple question will be of the approval or disapproval of the Jaw. ('etltattoa la 9oaieBde4. 'What this recall of decisions will then amount to. If applied to constitu tional questions. Is that there will be a suspension of the Constitution to en able a, temporary majority of the elec torate to enforce Suppose t:-.e act to be invalid hc-isu-e It Infrlnicea the rl;:hta or liberty of a certain unpopular class and by indirect means 'i?penils the writ of l:alas corpus In t leir cases. I ask any ian.ii'!. fair-nilnde.l man if the decision of such a question, when submitted to a popular majority, is not likely to turn tather upon the popular disfavor of those affected than upon the possible infraction of the Constitutional liberty of a citizen? Most serious objection to the recall of decisions is that It destroys all probability of consistency In Constitu tional Interpretation. The majority which sustains one law is not the same majority that comes to consider an other and the obligation of consistency of popular decision is one that would sit most lightly on each recurring elec torate, and the operation of the system would result In suspension or applica tion of Constitutional guarantees, ac cording to popular whim. We would then have a system of suspending the Constitution to meet special cases. The jrreatest of all despotism is a gov ernment of special Instances. Arcameat Is Fallacious. "But the main argument used to sus tain such a popular review of Judicial decisions Is that, if the people are com petent to establish a Constitution, they are competent to interpret it, and that tils recall of decisions Is nothing but the exercise of the power of Interpre tation. This ii clearly a fallacious ar s ument. "The approval of sreneral principle In a Constitution, on the one hand, and the Interpretation of a statute and consideration of its probable operation In a particular case and Its possible Infringement of a general principle on the other, are different thinas. The one is simple, the latter complex; and the latter when submitted to a popular vote is much more likely to be turned Into an l.ssue of jreneral approval or disapproval of the act on Its merits for the special purpose of Its enact ment than upon Its violation of the Constitution. Moreover, a popular ma jority doea not adopt a Constitution or amend Its terms until after It has heen adopted by a Constitutional conversion or a Legislature, and the final adop tion Is. and otiaht to be. substituted with such checks and delay as to ae cure deliberation. Iteliberatloa la Raaeatlal. VonsMtuttons ought to be protected by such requirements as to their amendments as to Insure great delib eration by the people In making them much greater than one vote of a mere temporary majority. This method of amending the Constitution would give It no more permanence than that of an ordinary legislative act. and would give to the Inalienable rights of lib erty, private property and the pursuit of happiness no more sanction than that of an annual appropriation bill. "Finally. I ask what Is the necessity for such a crude, revolutionary, fitful and unstable way of reversing Judicial construction of the Constitution? Why. if the construction Is wrong, can It riot ba rijthted by a constitutional amend ment? An answer made to this Is that the same Judaea will construe the amendment and defeat the popular will, as In the first Instance. This assumes dlshonestr and a gross violation of their oaths of duty on the part of the JudKCS a hypothesis utterly untenable. "I have examined this proposed method of reversing Judicial decisions on constitutional questions with care. I do not hesitate to say that It lays the at at the foot of the tree of well- ordered freedom and subjects the guar anties of life, liberty and property, without remedy, to the fitful Impulse of a temporary majority of an elector ate. Meeds of Coafueloa Stsi. "I agree that we aro making prog ress and oucht to make progress In the shaping of governmental action to secure greater equality of private anil of accumulated capital and to remove obstructions to the pursuit of human happiness; and In working out these difficult problems, we may possibly have, from time to time, to limit or nar row the breadth of constitutional jcuar anteea In respect of property by amend ment. But If wc do It. let us do it deliberately, understanding what we are doing and with full consideration and clear weighing of what we. are giving up of private right for the gen eral welfare. "Let us do It under circumstances that shall make the operation of the change uniform and Just, and not de pend on the feverish, uncertain and un stable determination of successive votes on different laws by temporary and changing majorltiea. Such a pro posal as thl Is utterly without merit or utility and Instead of being pro gressive, is reactionary; lnstoad of be ing in the Interest of all the people and of the stability of popular government Is sowing the seeds of confusion and tyranny." alld popular but Inv TURKEY TROT "NOT NICE" Justice of Peace, as He lines Trio, AdmoiiUhesj Asalnst Iani-c. TACOMA.' Wash., March 8. (Spe cial.) Jovlta Is vindicated. Tho plnc 1ns of a bun on the "turkey trot" and other more or less wipgly-w iggly dances of questionable nature at pub lic terpsichorean . entertainment Is to be commended, according to a ruling made by Justice of the Peace Graham today. Oraham Imposed a fine of tlO each on three young swains, who among other things were accused of introducing the perplexing trot last Saturday into pub lic lances at the quiet little hamlet on the Tacoma-Seattle lnterurbnn Rail road. The dance complained of might be popular In great population centers, but from the evidence Introduced, said Justice Graham, he was convinced that it was no nice dance. That the court could qualify as a Judge of dances and dancing and that In nothing mas It a prude, the Justice went at great length to explain, making bold the assertion that In the court's younger days It would warrant it bad done con siderably more tripping of tho light fantastic than any of the expert trip pers who had testified or who were In the courtroom, and that Included about all the masculine and a large part of the feminine dancers of Jovlta. OREGON MAN IS WINNER David C. Pickett Secure First Tlace In Oratorical ContcM. FORfST GKOVK. Or.. March i. Special.) David C. Tlckett, of tho I'nlversity of Oregon, won the state In tereoiteglate oratorical contest here tonight. Willamette University was awarded second place and McMinnvllle College third. "The Modem Tarody" was the subject of the winning oration. .Monmouth Cliccrs Johnson. MONMOITH. Or, March S. (Spe cial.) A large delegation from the Oregon Normal School was present at the oratorical contest held at Forest Grove tonight. They took with them the normal school colors to cheer and Inspire Johnson, who represented them and whose subpject waa "The Cry of the Children." Annual Purchased J FMS-J Detail Adder ' $40 .Lw2a-Zi3 l S100 375 IT Daniel $100- SSI Total Adder Prints Sales-Strip Drswtr Operated Total Adder Prints Sales-Strip Total Adder Prist Saks Strip $75 fftiftto $50 lrW?ea $35 irmr TotaJ Add We Make Them for AD Kinds ol Business. Prices $20 to $765 Drawer Operated Total Adder Prints Sales-Strij Total Adder Autographic Attachment Drawer Operated Total Adder $100 Total Adder Prints Sales-Strip $200 . Ml VJKSi ifM aatflMuaxki a U All sorts of stores, factories, garages, dining cars, county and city offices, commis saries, public service offices, hotels, theatres and newspaper offices are included in the list. They arc used in the largest stores and on the smallest corner stands. They arc used in the store farthest Ncrth and the store farthest South. Certain kinds are made especially for department stores, railroads and banks. They give quick service and protection and do things, no other machine sold can do. t Our office registers certify and classify accounts and records. They give the most positive checks for bookkeepers, auditors and managers. No other machines sold give so much information and protection with as little xvork and in so short a time. We have spent 30 years in studying the needs of all businesses where money is handled and records kept. We make cash registers to fit every need and that is why wc make over 300 styles and sizes. Our registers safeguard all transactions occurring between employes and cus tomers. They save time, work and worry and insure to proprietors all the ir profits. They cost so little and do so much. Write or call and have the kind of register suitable for your business explained to you. Investigation will cost you nothing. E. T. KELLY, Sales Agent, 354 Burnside Street, Portland, Or. Total Adder Trims Sales-Strip Fnnts Sales-Slip $380 Shows Tour Separate Totals Prints Sales-Strip Prints Receipts, etc ' $765 THE NATIONAL CASH REGISTER CO. Dayton, Ohio. $125 Total Adder Prints Sales-?tnp l-JM!Ur 40 Total Adder Autographic Attachment $150 a I J Department Store Rrgter Total Adder Prints Sales-Strip Prints Receipt 150 Total Adder Prints Sales-Strip Prints Receipt $500 Four Complete Cash Registers in One Kinc Complete Cash .Registers in One WOMAN'S HOPE SEEN Eleanor Sears Says One of Sex Will Be State Governor. SPHERE TOO LIMITED NOW Athletic Boston Ilelrc.-s neolarc World Is Juct IJcjrlnniiis to Heal lie Profrrr-s JIa Been Retarded by Conventions. SAX DIEGO. Cal.. March S. (Spe cial.) California will aome day have a woman as Governor, because this Is a state where ideaa grow rapidly," said Miss Eleanor Sears. Boston heiress and athletic irlrl. who Is visiting In Pan Dtej;o this week. "I could also say the United States will some day have a woman a President, but probably that time Is farther off." she went on. Miss Sears has not abated a whlt In her liberal ideas as to the dress and exercise of women. In fact, clad In the familiar boots and a rough-weather costume usually affected by males, she takes long walks dally, sometimes cov ering 20 miles in a tramp. "The world is Just befrlnnlns: to re alise that Its proitress has been re tarded by tha so-called conventionali ties which bind down and limit the activities of women," she commented. There la nothing woman cannot do as well as man. and many things she can do better and more effectively. There should be no dividing: line In the code of morals between men and women- Why should women be shut in by a lot or conventionalities which improve neither their health nor their morals? "For Instance, why should men be allowed to say it Is improper for a woman to chew (turn and not put the same rule in effect for men? A man chewlnft srum presents the same ap pearance as a woman. The practice is to be condemned for appearance sake, if for anythlnnr. but certainly it is no worse for women than for men. "Some day women will shake off the shackles fashion has forged for them, and It will ho a -treat day for women. Nature never Intended that we should caparison ourselves In steel-ribbed vises and sro through life suffering tor ture. When wo learn to dress as com fortably . iu our Oriental sisters, the health and happiness of tho Nation will have greatly Improved." CHANCE FOR MIXUP SEEN If All Voters Chooe Same Presiden tial Elector AVliat Tlien SALEM, Or, March 8. (Special.) Just what would happen under the Presidential preference primary law. If all of the voters of the state should happen to hit upon one man whom they -wished to act as delegate to a National convention, is a problem that has been advanced as one of the peculiar feat ures of the law. In that event there would be but one delegate elected and It Is a question as to who tne remaining delegates would be. While the eluction of but one, del egate Is considered as very Improbable, at the same time there seems to be a good probability that perhaps but nine out of 10 or eight out of 10 delegates might be elected. In that event the state would still be with a short representation at the con vention and It has not been determined here Just how the other delegates would be selected. Man Who Attacked Child Sentenced. ASTORIA. Or.. March S. (Special.) Herbert Stanley Sullivan, who was found guilty by a Circuit Court Jury on a charge of attempted criminal at tack on h 5-year-old girl, was sen tenced by Judge Eakin to serve an in determinate term of from one to ten years in the renitentiary. This is the only penalty that could he Imposed under the existing state law. In pro nouncing sentence, the court scored the defendant most severely for his crime. He said that, according to the defendant's own statement, his act was a reprehensible one. The court adden that this admission, together with the plain testimony, of the little child, left no doubt of the latter's truthfulness and of the defendant's guilt. Syrup sFigs ElixirsSenna acts gently yd promptly on tne kowels. cleanses the system effectually assists one in overcoming habitual constipation p'ermanently.To get its beneficial effecis.buy genuine. rTartufacfut-ed" ty'the (ALIFORNIA flG$TRUP (6. Announcement to all dealers in Men's Wear throughout the Northwest The substantial growth of our business in the great northwest during the past few years has made necessary the open ing of a Branch House in PORTLAND, OREGON at Fourth and Ankeny Sts. This with our SAN FRANCISCO and LOS ANGELES Branch Houses on the Coast will give us the opportunity to serve the trade in the best possible way and with quick despatch. A large stock of our welt known SILVER BRAND COLLARS and a varied assortment of Shirts that will supply your every need will be carried for immediate delivery. A cordial welcome awaits you whenever you are in Portland we invite you to make our office your headquarters. Catalog mailed upon request. GEO. P. IDE & CO. TROY. N. Y. Fourth and Ankeny Sts. Portland. Ore son $