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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (June 19, 1905)
BK9 P DAILY OAJITAL JOUMTAL, 0ALBBC, OBEOON, MONDAY, TONE 19, 1005. OREGON LAND FRAUD TRIALS Tfaz Appointment Succeed Bellinger a Geat Victory Uady Report of the Land Will Be Suppressed Portland, Juno 17. "Tint frock hns closod with sovcral OTxaitianonts, not tlio least of which was Ibo announcement that Secretary HUWbeoek nnd a forco of clerks and Commissioner Rlchnrds of tho land of tSce -would como on next week to tnko sa'Jujnd In tho land fraud trials. THIS TWILL BE THE FIR8T TRIAL IN aiHi'l'OBy WHERE THE CABINET JXXD HEADS OP DEPARTMENTS, XBCLUDINO TID3 ATTORNEY OEN- acKAij or Tim united states Hitito dcicendod to a porsonal lntorost on securing convictions, and it is vir tually tho United Btntos vs. Oregon. 4t will 1)0 a bnttlo royal to a finish. All tbe past week spoctal detectives havo 3on busy polling tho jury. Ooorgo Zkrwnlag, who was taking In tho fair, n kept under closo survclllnnco by several detectives, and it was only after Bovernl Interviews that thoy ffound out that ho was not tho right 3)ownlng, but it was Robert Downing, Ttlifl Salem Alderman that is a juror, and eo Ooorgo S. oscapod. Tho trials pcn Tuesday morning and I oxpect 4 be prosont if I nm permitted, nnd xuport tho proceedings. If any of our Oregon delegation nro guilty of tho tthlngfl charged I want to hear it from Uw witnesses thomselvcs, nnd accord ing to tho rulos of ovldonce. As tho realtor stnnds thoy havo been convict svA over nnd over in tho Portland news papers. Thoy aro still entitled to tho Ihcncfit of a conviction by n fnlr trial lbeforo lining consigned to thoir polltl al graves. Tho Prosldcnt lias sorvod notice on tho lnnd department, tho law department nud tho intorlor depart ment that tho Oregon delegation must Jjo sont to tho penltcntinry or thoro will bo sovcrnl vnonnelcs In tho cnbl- art. Cotton for Federal Judgo. Thero wns no surprlsa In tho an nouncement that W.' W. Cotton, tho general counsel of tho 0. II. & N. Co., would bo nuinod to succeed Bellinger. THE BIO INFLUENCES IN WALL TRBBT HAVE BEEN AT WORK. In tho past it has been necessary to Imy up legislatures and to own con gressmen and senators in Washington, &ut this Is tho first tlmo n man has l)een put nn tho bench for lifo who lias been n life-long counsel for tho corporation that tho President Is In Itoriug to hold down In tho lntorost of the common people. It recalls tho junketing trip which A. II. Worthing ton, W. W. Cotton, Oovcrnor Chum tierlaln, Senator Fulton and other gen llomon too in Kastern Oregon a few -tveekn ago, nnd over since then thoro lins ben an Aeolian harp of influence titrlngln muslo oit tho breozo IWwocn Oregon and Washington to land tho plum for Cotton. Fulton's teal choice was Tom Mollrldo of Oro gon City, but ho sent in tho u nines of three other gentlemen, half suspect ing that If he revealed his choico it would not be named. HE WAS PLAY. JNO A NELD TO OET A' LITTLE CREDIT WHOBVEB SHOULD WIN. The Portland papers are heading up their articles so as to give Senator Fulton nil tho credit for tho Cotton Appointment, while so far not n sin fllo disinterested republican of prominence- has approved tho selection. Tho Portlnnd papers ut heart all want 4o kill Fulton off for ro-clcctlon. A Moody Appointment. The President has reapod tho first Tiarvest of lung-dlstnuco government. Assistant Attorney flenornl Itolib was vent to Oregon to investigate tho vari ous eliglbles for the ofllco of fed eral judgo to succeed tho late Judgo Bellinger, and lo, nnd behold ho rec ommends tho Hon, W. W. Cotton tho llfoloug attorney for tho 0, II. ts N. Co. for a life term judgeship, and the Presldont ts to give tho Hon. Cot- CAPITAL NATIONAL BANK Accounts, either large or small re ceived on favorablo terms. Loam made on approved securi ty. SAVXNQS DEPARTMENT O&rs all tho facilities of the mbdr tea Savings Bank. Receives deposits of one dollar or aore. Pays Interest at the rate of throe per cent, compounded cent! annually, WILL BEGIN ON TUESDAY of W. W. Cotton Fraud Trials Will Appear I he Heads ol tlie Government Departments Will Take a Hand ton -until Soptcmbcr to tnko tho job. It is stated thnt ho is gotting $18,000 a year as attorney for tho Harrlman corporation, nnd will get $6000 n year ns judgo. Tho- two mon in Oregon who would havo got tho smnllost pop ular voto for tho plnco wero tho only onos really considered, Honry K. Me Glnn nnd W. W. Cotton, nnd tho lat tcr is appointed ns a result of tho influence tho Moody faction has with tho United States Attornoy Gloncral who is n MOODY, and Moody nnd Cot ton havo always boon very closo. THE NAMES SENT IN BY SENATOR FULTON WERE NOT SERIOUSLY CONSIDERED. Ho .was Infofmod that Cotton would bo named nnd mado tho pleasant bearer of tho nows to tho suc cessful corporation lawyer and cor poration lobbyist. Rocolvod In Sllonco. Boyond porfunctory endorsements of persons who would endorso nnythlng or anybody, thoro is sllcnco on tho front nnd roar bonches In Oregon poli tics. It was hoped nnd expectod by many that n clean nnd nblo and dis interested man would bo named for federal judgo. Tho mass of tho poo plo would havo accepted tho appoint ment of Justlco Bonn, Judgo Lowell, or nny of n dozon othor mon namod In tho press with porfoct satisfaction, but whllo thoy may not say much THE APFOnTTMENT OF COTTON WILL BE RECEIVED IN SILENCE. Tho mnsses of tho peoplo of Oregon would havo rccolvcd tho oppolntmont of a number of Domocrnts, liko Judge Bonhnm, of Salem, or oven OovcrnoiJ Chnmborlaln with groat satisfaction. Hut no thinking man In nny party will thank tho department of Justlco for forcing n mnn upon tho peoplo of Or egon who, ns corporation counsel, nnd legislative lobbyist, has all his lifo boon trained to think of corporations as sacred, and who becomes n main pil lar of tho church of frenzied finnnco for lifo In a position whero no cltlzon enn suo n corporation without foar nnd trembling, nnd no stnto onn puss a law to protect itself against corporate ra pacity nnd injustico without risk of having It set astdo. Princo of Lobbyists. If W. W. Cotton had confined his la bors in Oregon nnd Washington to tho logltlmnlo duties ot counsel for tho corporation, nnd beating men who woro slicing for a ten m killed or for a log cut off or for a son or daughter killed, ho may havo been ncccptabla as fed eral judgo. BUT HE HAS BEEN THE HEAD AND FRONT OF TID3 RAIL ROAD LOBBY IN THI8 BTATE AND WASinNOTON FOR MANY YEARS. His labors and his training havo boon against popular moasures. Ho has helped to dofont nil tho reform moatnros that havo como befuro tho people of Oregon in nil theso years, and how he can treat with fairness nnd justlco nny law for tho protection of tho peoplo is boyond tho comprehension of many peoplo of ordinary Intelligence. As a lobbyist ho has always opposed rnto laws in Wash ington and Oregon and othor states, and yet tho President is bending every on- orgy to hnvo such a law enacted. As a lobbyist Cotton was overruled in tho Washington legislature, which would not listen to his argumonts and passed tho law giving a commission power to muko rates, when Cotton nnd all tho corporation lobbyists used thoir utmost endeavor to defeat suehj legislation. Was ho honest in advocating those vlows, and will ho take these views on tho boneht It will be said ho only ap peared as a hired attorney, and not ex pressing his own convictions. He prob ably has convictions on such matters, but they aro corporation eopvietious, Not on Open Court. Anyouo having a suit against a cor poration, whether it bo railway, tele graph company, express company, in surance company, or banking syndi cate, cannot bring suit before Judge Cotton WITHOUT FEBUNO THAT HE WILL BE AT A DISADVANT AOB. No matter how muck fairness nnd honesty wo may give him credit for, no inatetr how fair or honest he may be, or try to be, the training and convictions mon unconsciously receive disqualifies them to go against that training, and against those convictions. as Federal Judge to Corporation in This Paper and Nothing If nny law directed ngninst any corpor ntlon comes beforo him, ho will not be alilo to easily rid his mind of tho argu monts ho mndo against thoso laws, nnd ho will unconsciously bo Influenced by his own argumonts in tho past. As ono of tho mnin wheels in tho wholo stock watering, high-prcssuro system thnt is holding tho wholo country in tho bond ago of corporato Influences, ho will turn in tho direction of tho systom whonovcr tho system is nt stako or on trial. THE LAWYERS OF THIS STATE ARE IN NO POSITION TO SPEAK OUT ON Tins MATTER, but nil know from oxperienco what it is to havo n corpor ation lawyer on tho bonch, and so fnr ns thoy nro concorncd ho might ns well keep his present position as goncral counsel for tho Harrlman linos, and drnw tho salary as judgo besides. Offlco-Sookcra Keep Still. Not only must tho lawyers keep still about this appointment, but THE POL ITICIANS OF THE STATE WHO WANT FEDERAL APPPOINTMENTS must swallow whatever objections thoy might havo. If thoy wnnt to stand well with tho Prosldont thoy must kcop still. Thoy dnro not ouloglzo tho appoint ment, becauso tho farmers and produc ers nnd business men of tho country, who nro not part of tho corporato sys tem will not npprovo this selection. Thero Is not a cross-ronds In Oregon whero n meeting could not bo called nnd resolutions adopted unanimously condemning this appointment. Tho ap pointment will novcr bo accepted by tho peoplo in gcnoral, and tho best that can bo said for It Is that it may holp turn this stnto over to tho Domocratlo party. REPUBLICANISM STANDS FOR SOMETinNO BESIDES PUT UNO TID3 CORPORATION ATTOR NEYS INTO ALL THE BIO POSI TIONS OF ADVANTAOE. Thoro is no moro justlco in putting Cotton, of tho 0. It. & N. Co.,on tho federal bonch than thero would bo in sonding him to tho U. S. sodato or to congress, and no Re publican would sanction either of thoso propositions. It shows tho weakness, the trucculoncy nnd tho deeny of our polltlcnl organizations that nelthor party, nor any loading man in Oregon dnro rniso his voico in condemnation of putting n roprcscntntlvo of tho Harrl man syndicate onto tho federal bonch. Tho man who docs condemn it is looked upon ns being politically a pariah, and oven tho common peoplo aro silenced and deceived by tho press Into ncquies once. A Block to Rato Laws. When tho President is striving to onnct rato laws, when statos liko Kara sas, Washington and many other statos nro trying to protect thcmsolvos against corporation iniquitlos, when oven Oregon is becoming nroused to tho unjust treatment this stnto is receiv ing, IN BLOCKING OF ITS DEVEL OFMBNT BY A MERGER AOREE- MENT BETWEEN HILL AND HAR- REtfAN, tho nppointment of the chief counsel of tho biggest corporation tho peoplo of Oregon have to contend with, is nn insult to the common intelligence of the community. Republicans and Democrats would havo willingly ac cepted almost any man, Republican or Democrnt who was not by oxperienco, training, employment and intellccutal equipment foreordained to bo averse to rato legislation. Not only the states, but tho whole nation Is struggling to secure protection against unjust rates, and tho interpretation of these laws and tho orders of tho stnto and inter state commerce commissions nro all 11-' nblo to bo brought before the federal courts. Then when the merchant or ilia commercial organizations, after a la-i borlous struggle, gets into court, it finds itself BLOCKED BY A JUDOB WHO OWES ins APPPOINTMBNT TO CORPORATION INFLUENCES and who takes the corporation view of theso matters. Such an appointment at the present time is fraught with dauger to tho whole nation.., Jugglo With Issues. The constant tendancy ot corporation attorneys is to juggle with the issues, and not face a square Issuo in court or in any political contest. The injury and danger from having ono ot theew attorney! on the bench ii almost incon ceivable. No squaro deal nnd no square Issuo can over bo obtained in such a court. Mr. Cotton bo may tho best and most honest mnn in tho w.orld, but ho is by training and experience constantly llnblo to bo befogged with tho corpor ntlon sophistries. Consldor just ono stntcmont mado bo foro tho senate committee on intcrstato commcrco nl its recent hearings, in bo half of tho commercial organizations nssoclntcd in tho movement to sccuro legislation conferring nuthority upon tho intcrstato commcrco commission to dotcrmino whnt chnngo shall bo mado In r rato complained of, found upon full hoarlng to bo unjust or unreason able, such chnngo to bo put into ef fect by tho carrier upon due notico and so continue until overruled by tho courts, In which attention wns called to the 'fact that, tho arguments mndo be foro that commtttco by representatives of tho rallwny interests nro directed ngninst loglslntlon of nn entirely differ ent character, from that proposed, which, so fnr as my observation ex tends, has not been advocated by any one, Corporations Alroady Strong in tho Courts, It should bo rcmombcrcd thnt tho wholo present strugglo is to tnko power over rates from tho courts and put them into tho hnnds of tho legislature TIES LEGISLATIVE FUNCTION REPRE SENTS TID3 PEOPLE, nnd tho feder al courts havo como to represent tho corporations. Thero was no valid ex cuse for tnking tho appointment to tho corporations on n silver platter in this case, becauso thero wero a dozen good mon in Oregon who would hnvo mndo good judges. WHY CONCENTRATE MORE CORPORATION POWER IN TID3 HANDS OF THE COURTS? It scorns to bo tho purpose of tho rep resentatives of tho corporations' inter est to imbuo tho public mind with tho idea thnt legislation is bolng sought thnt will tnko tho making of rates out of tho hnnds of tho managers of tho railways, and plnco it in tho hands of nn ndminlstrativo branch of tho gov ornmont, and, by means of such per version of tho purposo and effect of tho legislation nctunlly proposed, to arouso opposition to nny form of legislation for tho protection of tho public against tho enforcement of such ratosas tho car riers may seo fit to impose. It is assumed by tho railway rcpro- sontntlves that tho power to correct in dividual rates which may bo found up on investigation to bo in conflict with tho requirements of tho intorstato com mcrco law Involves tho ultimate chang ing of nil rates, Thnt such a result would not follow unless nil wero found to bo unlawful Is solf-cvident, and, woro such tho ense, tho longth of tlmo rcqulrod for tho process would placo its accomplishment so fnr in tho futuro ns to RENDER THE ASSUMPTION WHOLLY UNTENABLE. Courts Havo Too Much Power. Tho advocates of tho railway Inter est nt tho recont hearings beforo the sonnto committco urged legislation pi no ing tho dotormlnatlon of tho justness or reasonableness of rates complained IN THE HANDS Or THE COURT PRI MARILY, divostlng tho intcrstnto com mission of jurisdiction in tho matter. This proposition 1b evidently induced by tho fact that tho fixing of rates for tho futuro has been declared by tho supreme court to bo a legislative nnd not n judicial fuuetion, and henco tho courts can go no farther than to con demn tho oxlsting rate, if found unlaw ful, and tho carrier would bo left free to mako such change therein as thoy may seo fit, a is tho caso under tho present law. This, as will readily be seen, would afford tho public no relief from existing unsatisfactory conditions. The onl effectual means of protection to tho public interest lies in conferring authority upon sonio administrative body to detormino to what extent a rate complained of is discriminative or un reasonable, and to doclaro what rate should be substituted in its place, ns provided in the Esch-Townsend bill, which confers such authority upon tb'e interstato commorce commission. This WITH AN ABUNDANCE OF MONEY at a low rato of interest, wo aro ablo to meet tho legitlmato neods of this community. The man who borows a hundred dollars needs it just as badly as the man wh'o re quires a thousand. On approved security, wo'are ready to aecommo dato the small borrower. We shall be glad to talk with thoso most in terested. Salem State Bank L. K. PAGE, President E. W. HAZARD, Cashier is in accord with tho recommendation of Prosldcnt Roosevelt in his last an nual messago to congress, expressed in tho following language: "Tho Intcrstnto commcrco commis sion should bo vested with tho power, whero n given rnto hns been challenged nnd nfter full hcnrlng found to bo un reasonable, to decldo, subject to ju dicial rovlow, what shall bo n ronson nblo rato to tnko Its placo tho ruling of tho commission TO TAKE EFFECT IMMEDIATELY AND TO OBTAIN UNLESS AND UNTIL IT IS RE VERSED BY TID3 COURT OF RE VIEW." Tho wholo rato situation Is so vi tally important that It looks to a man up u trco that tho President has boon jobbed Into making this nppointment. It will cost tho pooplo of Oregon nnd Washington dearly beforo thoy havo got along two years In tho Btrugglo for solution of this problem. No worso blow could bnvo been struck lo tho cnuso of transportation reform thnn this nppolntmont of n fodernl judgo for lifo from tho ranks of tho corporation attornoys nnd lobbyists. If tho Presldont Know. If tho' President know thnt W. W. Cotton is thoroughly opposed to nil regulation of corporations if tho Pres ident know thnt ho has helped to de feat all such legislation In Oregon; If tho Presldont know tho arguments ho mndo boforo tho lust Washington log Islnturo when a rnto bill wns up for pas sago; if tho President know thnt ho will use all his Influence to dofent re form legislation in this state in tho fu ture; if tho President knew that every lawyer prncticing in tho courts of this state nnd tho Northwest knows nnd bo llovcs thnt no suit against n corpora tion will over get a fair deal In a court presided over by n man whoso wholo training hns been from their vlowpolnt; if tho President know thnt no mnn in Oregon hns dono moro to do mornlizo legislatures by widespread dis tribution of freo passes during tho ses sions; if tho President know all theso things he could not, fn justlco to him self or tho peoplo of this stnto nnd na tion, recommend this nppointment. All this is not saying that Mr. Cotton is not nn nblo nnd nn honest mnn nnd WILL MAKE A GOOD JUDGE ON ALL OTHER MATTERS BUT COR PORATIONS. .corv!oT ,. cjsWU - it" 60 "jMtvt.fc fli9nn iaiiinaiMitf iBie i9ioininit eia t ttMCHT kPBBPR mSmSm I VW f t HswTTff riMeniiiniisiianBsiiiininiiiai A. L. FRASER Successors to Burroughs k Fraser. Plumbing, Tinning and Roofiflg Cornice Work, Heating and Bull&ng Work of all kinds; etba'M made and work guaranteed. 367 State Street, Balem, Correct Qothes for Hen Outing Trousers Labelled thus jlfi6denjamin3(o MAKERS -flEWyoRK Are in fabrics, style and fit unapproached by any, at any price. The makers guarantee, and ouri with every garment. We are ex. elusive agents here. G. W. Johnson Co, (Incorporated.) i I ! ! Whon you want nop Baskets, j Fruit Boxes, Trays for fruit .' i Dryers, call on i i ij G. F Mason i Mlllor Stroot, South Salem, Phone ' ; j 2101 Red. ; I MtllllHHIHHIIHMM '4VV th Edison Phonograph Agency, Qasolino Lamps, Mantels, Qosollat, Typewriters, Now, Bocond-IIand. Boat, 214 Cora'l St. Phono MalnWl. To the Cotmby People Whon in town tako your moali at Ui Star Restaurant, 830 Conrt Street, ad joining Wado's hardwaro store. Meals at all hours, 15 conta. Phono 301 Bed. SPECIAL SHOE SALE. T am quoting my prices down so yon will be ablo to pay 'them. Shoes that will glvo you good service. Bo sort and seo mc, for thero aro some great Largnins. JACOB VOGT THE PICK OF THE FOREST ! ii Has been taken to supply the stock of ' lumber in our yards. Our stock; If complete with all kinds of lumber. ; Just received a car load of No, 1 shingles, also a car of fine shik'J. , We aro ablo to fill any and all Had ; ot bills. Come and let ns show 701 ' our stock. 1 Yard and office aer B. P. passenjw; depot. 'Phone Main 66L ; QOODALE LUMBER CO. 1 1 SOMETHINO DELICIOUS TOB DINNER. Will always bo found in our choke stock of prime meats in roasts, steab, chops or filets. Wo have the tendereet, juiciest and sweetest lamb, mutton beef, and all the most tempting tidhlU la sweetbreads. Our bams and bce are sweet as a chostnut and of de licious flavor. Our prices for prlo meats are lower than any la tows. E. C. CROSS State Stroot Market Phone 201. Phone 151L I 'ffffl tfJC-n M ' l