Portland labor press. (Portland, Oregon) 1900-1915, February 26, 1904, Page 5, Image 5

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    PORTLAND
LABOR
5
PR ESS
unanim ity in su p p o rt of the pro p o si­
tion th at the writ of habeas corpus
(Continued from Page 1)
could only be suspended by the legis­
lative d ep artm en t of the governm ent.
T h e question n ex t came before the
in the U nited S tates, w hom he says
Suprem e C ourt o f Idaho, in 1899, and
were patriots, have advised the P re si­
is rep o rted in th e case of ex parte
What the Union Men or Port­
dent th at he had the pow er, and, while
Boyle, 57 Pac. 706. T h e gov ern o r of
Judge
M
arshall
and
Judge
S
torey
land Are Doing.
the S tate of Idaho issued a p roclam a­
and o th ers had decided to th e co n ­
t i o n d eclaring S hoshone County in a
trary , he felt it p ro p er to give the
state of insurrection and rebellion.
P resident the pow er. It is w orth y of
A w rit of habeas corpus was applied
A GOOD SHOWING IN ALL TRADES
note here, th at during the entire war.
A V E N A H I U S C A R B O L E N IU M
for in the Suprem e C ourt by a County
when the question came repeatedly
C om m issioner of S hoshone C ounty,
before the courts, th is was the only
W ill Destroy Chicken Lice, Ants, Roaches, Bed Bugs and
w ho had been a rrested on suspicion of
A C o m p en d iu m o f th e V arloun L ocal Or-
judge in all the land w ho had attem p t­
All Insect Life Permanently.
having
been
in
sc
me
way
im
plicated
gauixationrt in th e C ity — A ll iu a
ed
in
the
slig
h
test
to
justify
the
action
H e a lth y C o n d itio n and
in som e crim -. T h e Suprem e C ourt
the P resident. It is w o rth y of note
G ro w in g .
if Idaho denied his application fo r a
th at the same opinion w hich this
w rit of habeas corpus, and held th at
11111 n n i n n 11 l-i-i-1 h - m - h - i - h t 11111 i-i-i t i n n i i i - m - i - f ;
judge speaks of as having been given
the G overnor o f the S tate of Idaho, or
to
the
P
resident
th
a
t
he
had
such
pow
­
FEDERATED TRADES COUNCIL.
any m ilitary officer, had the rig h t to
er, came before o th e r courts rep eated ­
uspem i the w iit of habeas corpus.
P o rtlan d , O r., Feb. 19, 190 4
ly, and th a t each and every co u rt in
T his, too, in the face of the fact th at
M eeting called to order at 8 o clock,
the land placed its stam p of condem ­
the fram ers of the Id ah o constitution
V ice-P resid en t Duke in the chair.
nation upon these opinions, and said
had expressly settled the question,
M inutes of previous m eeting read and
th a t they did n ot contain good law.
and
left no room for co n stru ctio n by
approved.
T h e question next arose in the case declaring in th eir co n stitu tio n n ot
DEATH OF WELL-KNOWN
C redentials—Cooks and W aiters,
of in re Kemp, 16 W is. 382, decided only th a t the w rit of habeas corpus
PRINTER.
F re d S m ith; C oopers, C. E. Allen,
in D ecem ber, 1862. G eneral E lliot, could n o t be suspended except in
E
dw
ard
L
am
b,
one
of
th
e
m
ost
Jo sep h B ushm an, F lo ran Pfluger, Jr.;
com m anding the m ilitary dep artm en t, cases of rebellion or invasion, w hen
widely
and
favorably
know
n
p
rin
ters
L ath ers, F. R ichardson, J. S. T ro w ­
answ ered that th e P resid en t had sus­ the public safety dem anded it, but had
b rid g e; P lasterers, —. —. B essit; T a il­ on the Pacific Coast, died at his home
pended the w rit. T h e th ree judges added also the follow ing w ords: “And
in
Salem,
on
F
eb
ru
ary
18,
of
dropsy
o rs, G eorge M iller; C arp en ters and
of
the Suprem e C ourt of W isconsin,
Jo in e rs, O. N. Pierce, P e rry S tew art, of th e heart. H e had been practically after a learned discussion on th e su b ­ then cn iy in til - m an n er provided by
law.” Y et, in spite of th is c o n stitu ­
confined
to
th
e
house
for
several
Jo h n C hristie.
ject, decided th a t th e P resid en t had tional provision, w hich em phatically
m
onths,
but
n
o
t
bedfast
until
a
few
C om m unications—P rin tin g
P re ss­
110 such pow er; th a t the rig h t to su s­ declares th a t the L eg islatu re m ust act,
m en 's U nion, relative to the com m u­ days prio r to his death.
pend a w rit of habeas corpus w as the S uprem e C ourt of Id ah o had the
i
Mr.
L
am
b
w
as
born
in
M
anchester,
n icatio n of last week; referre d to A l­
vested solely in the legislative body, h ard ih o o d and au d acity to say th a t
N.
H
,
in
1855,
and
cam
e
to
O
regon
lied P rin tin g T ra d es Council. F rom
in C ongress. T h e sam e decision was
M etal P o lish e rs’, B uffers’ and P la te rs’ w ith his p aren ts in 1859. W h ile a boy, ren d ered in B ritain vs. W ilcox, 21 the co n stitu tio n could “cut no figure. ’
T h at it w as a question of self-defense
U nion, of N ew B utan, Conn., sta tin g he learned the p rin te r’s trad e on the Ind. 370, decided early in 1863.
of the state, and th a t th e G overnor, or
Catholic
S
entinel
and
th
e
O
regonian,
th a t to o ls m anufactured by the S tan ­
In M arch, 1863, C ongress passed the m ilitary com m ander, had the rig h t
and w orkeu as a co m p o sito r on the
ley Rule & Level Co. are unfair, re ­
la tte r paper un til 1892, w hen he w ent an act upon the subject, which is g e n ­ to act in self-defense for th e state,
ferred to C a rp e n te rs’ U nion. F rom
to W ash in g to n , D. C., and served erally spoken of as having au thorized the sam e as an individual would have
W ichita, K an., C entral L ab o r U nion,
three years in the g o v ern m en t print the P resid en t of th e U nited S tates th e rig h t to act in his own self-de­
acknow ledging receipt of m oney sent
ing office. F ro m 1895 to 1898 he trav­ to suspend the w rit of habeas corpus. fense.
from this C ouncil; filed. F ro m W aco,
eled all over th e U n ited S tates, w ork­ . ne details of th is act are seldom
T h is sam e view had been urged
T ex as, C entral L ab o r U nion, ac­
ing in n early all th e la rg e r offices. spoken of, and I believe are n ot very upon the courts d u rin g the tim e of the
k now ledging receipt of $5 donated by
fam iliar to the people. It w as claim ed
th is Council; filed. F ro m L os A n­ In 1898 he w ent to Salem, and entered in C ongress th a t, inasm uch as the Civil W ar, and in every o th e r case
the state p rin tin g office, w here he has
w hich arose, and had alw ays been
geles L abor Council, sta tin g that the
since been em ployed. H e w as a first- co u n try was in alm ost a death s tru g ­ repudiated and declared to be u n te n ­
M aier P acking Com pany, H auser
class w orkm an, faithful to his em gle, th a t the P resid en t of th e U nited able by all the o th e r courts. T h e
P ack in g C om pany and C udahy P ack ­
ployer, and universally liked by his S tates should be unham pered in the sam e arg u m en t w as used to support $.1..1„1 1 1 11-1 1 1 1 1 1 1 1"I-1 1 d-l-l-l-l-l-H-l-l-l-l ■1-H-H-l-l-H-l-H-l-l-l-H-l-H-l.
ing Com pany have adjusted their diffi­
associates. H e was a ch a rter mem adm inistration of all g o v ernm ental the ty ran n y of th e crow n in E ngland
cu lty w ith the B utchers’ U nion of that
her of M ultnom ah T y p o g rap h ical Un m atters, and th a t an act should be in the early days. E v ery o th e r' case, • • • • • •
city ; filed. F rom S tatio n ary F ire ­
ion. U pon g oing to Salem he tra n s­ passed allow ing him to suspend the even including th e decision of Judge
m en ’s delegate, asking th a t Council
ferred his m em bership to
Capital w rit of habeas corpus, acco rd in g to Sm alley, in V erm o n t, had held th a t
reco n sid er action taken tw o weeks
T y pograp h ical U nion, of w hich or his own judgm ent, and for such len g th th e question m ust be decided by co n ­
ago, which prohibits sm oking during
ganization he served tw o term s as of tim e as lie th o u g h t proper, and in stru in g th e co n stitu tio n , and th a t no
m eetings of C ouncil; laid over until
president and tw o term s as secretary. such cases as he th o u g h t proper. T h e one, G overnor o r anyone else, had
head of new business is reached.
H e was a m em ber and p ast m aster C ongress, com posed of em inent law ­ any pow ers, except such as w ere given
Q u a rte rly rep o rt of secreta ry -trea s­
yers and p atrio ts, em phatically rep u ­ by th e co n stitu tio n ; but the Idaho
of the local lodge of A rtisans.
u re r of S tate F ederation of L abor was
Mr. L am b was m arried last O cto b er diated th is claim , and said th a t not co u rt says th a t th e co n stitu tio n does
read and filed. T he bill of Glass &
to Miss E lizabeth W hitlock, of Silver- even the great L incoln should have n ot co n tro l; so th a t in the Id ah o de­
P rudhom m e Co., for $3.25 for 1000
ton. Besides his wife, he left a such a dang ero u s power.- T h e act e x ­ cision it is laid dow n as the law that
envelopes, w as ordered paid.
m other, M rs. Jam es Lam b, of P o rt pressly provides th a t w herever, in any th e m ere will of p erhaps a half-drunk
R eports of C om m ittees— H all com ­
m i)itary officcr c o n tro is w here he
land, and five sisters, M rs. N ew ton of th e states, except w here actual w ar
m ittee rep o rts th a t Council can rent
safc(y of
T hom pso n , M rs. J. H. L an g w o rth y was in p rogress, a man w as a rrested
of (hc
the state is at
A rtisan s’ H all, in A bington Building,
and Mrs. A rth u r L eighton, of A sto by m ilitary au th o rity , his nam e should issue.
o n W ednesday evenings, for $20 per
ria; Mrs. E. J. B. C lossett and Miss be furnished to th e courts, and th at,
I t is w o rth y of note th a t the Idaho
m o n th . M otion th a t m eeting night be
if that m an was n ot indicted “
a
-n fu p .
M ollie L am b, of P o rtlan d .
changed and A rtisan s’ H all be accept­
< {
R js w o fth y q{
T h e funeral w as conducted from the n ext-term of the g ran d jury, he sh o u ld ,
e d ; lost. C om m ittee appointed sev­
of
residence on H ign street, n o rth of be released w ithin 20 days, and he P
eral w eeks ago to visit unions not rep ­
< f
cQ nstitution w hich ju s.
C enter, at 1:30 p. m., S aturday, un­ act required th e co u rts to release ‘h e ,
rese n ted in Council re p o rt th a t they
no sec.
der the auspices of the T y p o g rap h ical p riso n ers upon failure ot th e g rand
714 C h a m b e r of C o m m erce
have visited all unions th a t are not
juries to
diet, and ex p ressly p r o - ,
co n stitu tio „ or statu te
Union.
affiliated w ith Council, and recom ­
&uch a ho, ding
T he boys will m iss Ed. L am b as v ided th at any creditable citizen m .gh, ,
m end that a letter, w hich they have
. hc |a n J cverv
they did Cass H u m p h rey and “ Dode com pel the release of such p r is o n e r s ,^
d rafted, be sent to each union th a t has
tc x t book, w ritten on the subject of
B aker w hen th e Grim R eaper called and com m anded the m ,*,ta ry
and furnish the money. Repay in instalments
n o t already retu rn ed to Council. M o­
- -
“3o" o n them m any years ago. Mr. ties to obey all such o rd ers of release co n stitu tio n al law , ag ain st the - Idaho
tion th a t rep o rt be adopted: carried.
a little more than rent.
I.am b belonged to the sam e school of g ran ted by th e courts.
holding.
At this tim e B ro th er C. II. Gram
It will be seen th a t this act justified
p rin ters and w as equally as popular as
T h e Suprem e C ourt of Idaho fur­
asked for and was g ran ted the privi­
they. T h ey all took aw ay w ith them the statem en ts of B lackstone and thc th e r declares, in effect, th a t th e p eti­
lege of the floor. H e sta te d that rep­
a clean record and a paid-up card, and o th er great te x t book w riters and
tio n e r is a self-confessed m alefactor,
T H E 8 1 P P I .Ï H O tS E O E T H E
resentative's of a carnival com pany
there can n o th in g be said b etter of judges, who have rendered opinions,
and th a t lie has und ertak en to flee to
w ere in w aiting and desired to be ad­
th at the w rit could not be suspended
a p rin ter th an this.
th e co u rts as a refuge from crim es
m itted to Council. M otion th a t they
except w here lim itations an d regula-
,,,
, •
r
1 for w'hich p u nishm ent is ju stly due,
be adm itted and allow ed 10 m inutes
-ions could be m ade ,n reference to its ,
by
co u ft
B A K E R S ’ U N IO N .
to present a proposition to the Coun­
suspension, w hich w ould prev en t it
cil; carried. Messrs. Hutchinson and
to prejudice the public or the law yers
T ilt reg u lar m eeting of. th e B ak­
being made an in stru m en t for ty ra n ­
w ho n ig h t read the decision, against
A rnold w ere then adm itted. T hey ers' U nion w as held last S aturday
C A R R IE 8 E V E R Y T H IN G N EC ESSA R Y FOR T H E __
IN ST A L L A T IO N , OPERATIO N A N D MA IN T A IN A N C E OF
th e p etitioner, 011 th is ground. This
T h e business tran sacted nical and a rb itra ry purposes.
sta te d th a t the a ttractio n s w hich they evening.
T his is the act v n d er w hich Lincoln is a deliberate d isto rtio n of the record
rep resen t will be in this city during was m ostly routine. Several w ith ­
acted during th e war. H e sim ply
in th c Id ah o case.
A certified copy
th e la tte r p art of June and first part draw al cards w ere g ran ted , one to
had the rig h t to suspend th e w rit of
of th e petition, filed by thc prisoner,
of July. T h ey ask th a t organized la­ Jo h n A rnold, fo rm erly serg ean t-at-
habeas corpus for a lim ited perio d of
TH E ONLY FULLY BQ U IPPED SUPPLY HOUSE IN TH E
show s th a t he did n ot confess th a t he
bo r take the m a tte r up and advertise arm s of th e union, w ho is bound for
PACIFIC NORTHW EST.
tim e, until the g ran d ju ries could de­
was guilty of any crim e, but expressly
th e a ttra c tio n s as an organized labor th e P hilippine Islands. H e left for
term ine w hether o r n ot th e p riso n er stated th a t he w as innocent and had
San
F
ran
cisco
S
atu
rd
ay
n
ig
h
t,
and
enterprise, the carnival company
was guilty of an offence ag ain st the had no com plicity of any kind with
agreeing to guaran tee th a t th e re will from th e re will take passage on a
laws of th e U n ited S tates. It em ­
Manila
liner.
M
r
A
rnold
learned
his
any offense; yet th c court, for th e p u r­
be no financial loss to th e unions.
phatically ex alted the civil pow er
pose of try in g to m ake som eone
O w ing to th e sh o rt space of tim e al­ trade in P o rtlan d , but has decided to
above th a t of th e m ilitary. Y et, in
PORTLAND, ORE.
thinl: it was ren d erin g a wise o r ju st
lo tted to th e gentlem en, they asked seek new fields of labor.
1903, Jam es H . P eabody issues a p ro ­
decision, brands the p etitio n er as a
Andrew an d K arl B astarsch atso
th a t a com m ittee be appointed to m eet
clam ation th a t th e w rit of habeas c o r­
self-confessed crim inal.
T he Idaho
w ith them and talk th e plan over. took w ithdraw al cards, an d will go
into business for them selves. T h ey pus is suspended by M E.
decision winds up w ith the statem ent
T h ey then retired.
In 1867 the question as to th e effect
th a t th e co u rt’s opinion as to the law
U nfinished B usiness—C onstitution took charge of the N ew Y o rk bakery
of the P re sid en t’s proclam ation of thc
this
week,
located
on
G
rand
and
H
aw
­
is based upon th e co u rt's co nstruction
and by-law s w ere taken up. M otion
suspension of th e w rit of habeas c o r­
th o rn e Avenues.
th a t rule req u irin g the second read ­
T he u nion’s new bill of prices for pus, prior to the passage of th e act of th e co n stitu tio n and sta tu te s of
Idaho. T his is a m ost rem arkable
ing be suspended and th a t we proceed thc ensuing year is now in the hands
of C ongress of M arch 3, 1863, came
statem en t, b earin g in m ind th e fact
to adopt this evening; carried. In if thc in tern atio n al, b ut is expected
fifi
before the C ircuit C ourt of the U nited
th a t its opinion begins by saying th a t
o rd er th a t delegates m ay have time here soon. T h ere is no difficulty an ­
ticipated in g ettin g th e b o sses’ ap ­ S tates for th e D istrict of C alifornia the co n stitu tio n cuts no figure, and
to prepare am endm ents to co n stitu ­ proval. as th ey are ab o u t th e same
in the case of McCall vs. C anning et
th a t th e question w as one of self-de­
tion the fu rth e r consideration of same as last year. T h ere are som e m inor
al., Fed. Case 8673. and Ju d g e D early,
fense by the state. It m ight be added
w as laid over until heading of new changes, b u t th e hours and im p o rtan t
in delivering the opinion of the court,
features have n ot been changed.
th a t th e Idaho co u rt overlooked the
Highest Quality + + + G reatest V alue
business.
say s: “ I do n ot propose to argue the
fact th a t a m an w ho acts in self-de­
New B usiness—T he follow ing reso­
question. T h ere are some th in g s too
fense can alw ays put his finger on the
lution was read: “ R esolved, T h a t the CABINET MAKERS ORGANIZE.
plain for arg u m en t, and one of these
IBT C O B PO R A T E D
F ederated T rad es Council refuses to
W hile in th e city, H en rcich Neid is th a t by the co n stitu tio n of the law w hich au th o rizes this act, and th a t
if a state, n atio n o r com m unity com ­
place on the unfair list any em ployer linger, special o rg an izer for the Amal
W H O L E S A L E D IS T R IB U T O R S
U nited States the P resid en t has not
m its an act w hich is alleged to be in
w ho is dictated to as to the prices ganiated W o o d w o rk ers, succeeded in
the pow er to suspend the privilege of
he shall m ake to the public. M otion organizin g a flourishing yo u n g union
self-defense, th e re m ust be som e law
the writ, and th a t C ongress h as.”
to lay on tab le; carried. M otion th a t of cabinet m akers. S eventeen of these
T h e question n ex t aro se in N o rth show n ju stify in g th e act.
Y our O w n S atisfaction,
a com m ittee of five be appointed to m echanics signed for a ch arter, and
T h e tru th is th a t thc Id ah o decision ow ners, w ho desire to cru sh o u t a
Carolina, in the reco n stru ctio n days of
union th a t has th e hard ih o o d to de-
A n y th in g in the line of m en ’s and
m eet w ith the rep resen tativ es of the paid in th e ir fees. T h e c h a rte r will
is
a
plain
o
u
trag
e
upon
the
co
n
stitu
­
1870. T he case is “ E x p arte M oore
m and th a t the co n stitu tio n al provision , boys' suits, ov erco ats, p an ts, bats,
carnival com pany; carried. Chair ap­ be here in ab o u t tw o weeks. T em ­
et
al., 64 N. C. 802.” T h e G overnor tion of th at state, and is a disgrace to
pointed B ro th ers Brock, G urr, Reed, p o rary officers w ere elected, and the
in C olorado p ro v id in g eig h t hours sh irts, underw ear, w ith a com plete
th
e
judiciary
an
d
can
and
will
n
c
\c
r
union sta rts off u n d er th e m ost of the state attem p ted to suspend th c
Gill and M cD onald. C om m ittee in­ new
be
follow
ed.
T
o
cite
it
as
an
au
th
o
rity
shall co n stitu te a day shall be com ­ line of ladies', m en's and ch ild ren ’s
favorable conditions. T h e union was w rit of habeas corpus, and declared
shoes; also a full sto ck of trunks,
stru cted to rep o rt at n ex t m eeting form ed on th c evening of F eb ru ary th a t the safety of the sta te w as at is an in su lt to a court.
plied w ith.
valises, blan k ets
and
co m fo rters.
A num ber of am endm ents to the con­
I
t
is
upon
th
is
Id
ah
o
decision
th
a
t
A no th er m eeting w as held F eb ru ary stake. T he Suprem e C o u rt declared G o v ern o r P eab o d y bases his action
W hen you com pare thc difference of
stitu tio n relative to th e building trades
at w hich tim e five m ore m echan­ th a t no such pow er existed, an d th a t
h ig h -ren t sto re s’ prices to Jo h n Del-
w ere offered. M otion th a t th e y be 24,
ics in this h an d icraft appeared and the state could only m aintain its su­ T h e re is n e t a law yer of stan d in g in
QUESTION—W hy ii it Staples lar's, co rn er F irst and Y am hill, it will
referred to com m ittee from building declared th e ir in ten tio n s of becom ing
th
e
sta
te
th
a
t
will
advise
him
o
r
any­
prem acy by lawful m eans, and th a t
trades. M otion th a t m a tte r be laid m em bers. By th e tim e th e ch a rter
one else th a t th e law in the S tate of the Jeweler, is doing a good busi­ be fo r y o u r own satisfaction.
lawful m eans w ere am ply sufficient
arrives
it
is
expected
th
a
t
double
the
C olorado justifies th e suspension of ness?
on table; carried. M otion th a t sec
for th a t purpose.
tion 1 of article 1 o f by-law a be m em bership will have been secured.
ANSWER—Because he sells
It is said th at 50 per cent of E n g ­
T he new union is com posed of a
U p to thia tim e it will be seen th a t th e w rit of hab eas corpus, and his
am ended by strik in g out F rid ay eve­ fine body of m en and skilled m echan­
w ith th e exception of one judge, w ho con d u ct in a ttem p tin g to suspend it is goods at a reasonable profit and his lish em ployers ab so lu tely favor union­
ning, leaving the space blaftk; car­ ics. T h ere are few of them less than
ism.
rendered his cp in io n in tim es of a d eliberate su rre n d e r of the rig h ts work Is well done.
ried. M otion th a t section w hich pro 30 y ears of age, w ell dressed, and
stottny war, there was an absolnte of the people to a coterie of mine-
m
ostly
m
en
w
ith
families.
hlbiti smoking during meeting* of the
AROUND TOWN
Council be strick en o u t; lost. M o­
tion to reconsider vote by w hich we
decided to adopt co n stitu tio n to n ig h t;
carried. S u b stitu te m otion th a t adop­
tion be m ade a special o rd er of busi­
ness for 10 o'clock F rid ay evening,
March 4; carried.
Musicians report
th a t a num ber of places of am use­
m ent in the city are em ploying n o n ­
union m usicians. U nion m en are re ­
quested to look for th e M usicians’
U nion house card when v isitin g th e a ­
ters or o th e r places of am usem ent
w here m usicians are em ployed. L a ­
bor C om m issioner O. P. H off was
preserft and delivered a sh o rt address
to the Council.
R eceipts—P rin te rs, $3; B arbers, $3;
S tereotyp ers,
$1.50;
B ookbinders,
$1.10; B arten d ers, $9; M usicians, $3;
L aundry W o rk ers, $12. T o ta l, $32.60.
D isbursem ents, $3.25.
M eeting adjourned.
G R A N T M c D o n a l d , Sec.
HABEAS CORPUS
Goto fisher, Jhorsen & Go.
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ELECTRIC LIGHTING AND POWER PLANTS
Portland General Electric Co.
A sk Your Grocer For
DIAMOND “W ” and
W ADCO”
Canned Fruits and Vegetables