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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 17, 1900)
THE MORNING OKEGONIAN, TUESDAY, JOLT 17, 1900. MORTON SCORES BRYAN HE SAYS THE NEBRASKA?. MOUTH IS A MINT. "WSrilo Desoanclns Imperialism, Is aa Autocr&tj Thousra Attacking ' ' Trusts, la a Plutocrat. Dispatch to the Chicago Record. Nebraska, City, Neb. There are few men on. earth so happy and contented as J. Sterling Morton, -who -was. Secretary of Agriculture during: the last term of President Cleveland. After an active and often eventful career he has settled down to quiet luxury of a country life "upon a farm which he entered as a homestead in 1855. He came West with his bride from Detroit that year and built a log cabin upon the rolling prairie overlook ing the Missouri River near where Ne braska City now stands. He was one of the original townslte owners, ajid as sisted to lay out that place before the territory was surveyed by the Govern ment. He was with General Denver when the latter made the treaty with the Otoe Indians by which the eastern part of Ne braska Bouth of the Platte river was transferred to the United States. The de velopment of the state has been a part of his life, and his career has been a struggle with frequent triumphs to ad vance all that was good and suppress all that was bad from this corner of civilization. He has completed his career. He sits upon the porch of a beautiful villa and contemplates with great satis faction the results of his enterprise and industry. He knows what it Is to be useful to a community, and watches the careers of his sons and the growth of his grandchildren with a gratification that few men have been spared to enjoy. Mr. Morton began his political service fighting the wildcat banks that were es tablished In this territory to rob the settlers, and naturally ends it as one of the most uncompromising opponents of financial fallacies. He knows no words severe enough to condemn the present policy of the Democratic party, of which1 he has been an active member all his life, and if he speaks for the remainder of the anti-free-silver faction of that party the ticket that was nominated at Kansas City will receive no support from them. "The man who can drink water after eliminating hydrogen and orygen there from," he said today, can swallow the Kansas City platform without tasting financial fallacies or detecting the flavor of Bryanarchy. Bryan is 16 to L Silver at 16 to 1 Is Bryan. A majority at Kan sas City for either was an indorsement of both. There can be no reunited Democracy under that sort of leadership. Mr. Bryan himself proclaimed such a re union absolutely impossible. He de nounced all gold standard men as con spirators against the public weal. Those who had formerly acted with the Demo cratic party he anathematized as traitors, and in a familiar speech at Richmond, "Va., declared that 'they should be brand ed as traitors, and shall not come back.' "The Kansas City sanhedrin while In hysterical paroxysms proclaimed Its ad herence to the Chicago platform of '96," continued Mr. Morton, "and reaffirmed It in part and In whole In detail down to the last letter. If they had used a lot of the product of the New York Ice trust on their heads they might have escaped the absurdity of again saying In their platform that the gold standard has 'resulted In the appreciation of gold and a corresponding fall In the price of commodities produced by the people; . , .the enrichment of the money-lending class at home and abroad; the pros tration of Industry and the Impoverish ment of the people.' Here In Nebraska City, a place of 10,000 population, the banks carry deposits of over a million -dollars constantly. Eight miles west," in 1 r the village of Dunbar, Is a bank of $10. 000 capital which has $110,000 of farmers' money on deposit. Last week money was loaned on land adjoining some of my own for three years at simple Interest of 5 per cent on a valuation of more than $30 an acre, and I saw that same land begging for a purchaser at $2 50 an acre not long ago. Under the gold standard that land has become so dishonest as to Increase its purchasing power so that now one acre of it will buy 100 gold dol lars, and when I saw it sold first one acre would buy only one dollar and a quarter. According to the economics of Bryanarchy, this land, with a constantly Increasing purchasing power, is the ene my of the poor and a- menace to so ciety. According to the Democratic plat form, good honest land should never ap preciate In value, nor should any other honese thing. "The Kansas City convention did not realize the absurdity of Its redenunclatlon of the Interference by Federal authorities lnjocal affairs. The Chicago platform of 1S96, which was readopied at Kansas City, distinctly says: "We especially object to government by Injunction as a new and highly dangerous form of oppression, by which Federal Judges, In contempt of the laws of the states and the rights of citi zens, become at once Legislators, Judges and executioners." Since that fiabbergas tic effusion was originally proclaimed, the House of Representatives and tho Senate of the United States, -without a dissenting vote, have approved the action of President Cleveland In putting down the Chicago riots with the United States Army. In addition to this confirmation of the lawful and Just course of President Cleveland, the Supreme Court of the United States. In the Debs case, also without dissent, affirmed the authority of the Executive to do Just what Mr. Cleve land did in Chicago. But what is the House of Representatives; what is the Senate of the United States; what is the Supreme Court of the United States, as deliberative bodies engaged In Impartial research and calm consideration, when compared to the howling dervishes who enpaged In cake-walking and climbing tables at Kansas City and allowing their platform to be made by delegates from Hawaii, Oklahoma and Indian Territory, which cannot contribute an electoral vote to their ticket? The reiteration of the Chicago platform and the reproclamatlon of the sanctity of the ratio of 16 to 1, notwithstanding a large majority of the convention waB opposed to them, shows that It was governed by a boss instead of the reason of the delegates. "If that convention had exercised Its own Judgment, If a majority of the dele gates had acted according to their own convictions, Bryan and silver both would have been shelved. It Is a singular fact tha.t the only convention ever held in the United States which was absolutely gov erned by an autocrat and operated entire ly under his orders should proclaim op position to Imperialism as the paramount Issue of a political campaign. "There was a balmy humor that was exceedingly refreshing with the tempera ture at 100 in the shado in the aggressive war made against trusts by Messrs. Van Wyck, Carroll and Croker. I understand that Judge Van Wyck wrote the anti trust plank In the platform while sitting on a cake of Knickerbocker ice, trust brand, warranted to remain below zero, and sold to the residents of tenement houses and other plain people and to the government of the City of New York at 1 cent a pound. t "Another funny thing in the reiteration of the platform of '96 relates to the Pa cific railroads, which long since dissolved their connection with the Government and paid all the money due from them. "The reiteration of determined oppo sition to a classified civil service is about the only consistent thing they did, but there Is humor even in that. The Demo cratic party objects to life tenure in of fice. This Is an unkind reflection upon tho chronlccandldature of Colonel Bryan, who began running for office the year he arrived In Nebraska, and has never allowed himself to bo Interrupted In that exercise, even to this day. In fact, the most remarkable feature of the financial cred"pTeacbed by Mr. Bryan is not near ly so remarkable as the skill with which ho has been able to coin his candidature into the currency of the realm. His mouth has been a mint. His voice, his lungs and his brain have been constantly emitting coinage to the profit of their pro prietor. Tho returns cave been more than $16 annually to every one invested. No other trust or monopoly has declared dlvidende of such magnitude upon so small a capital. "In 1B90 Mr. Bryan was elected to Con gress from the First Nebraska District, under the old apportionment. At that time he was practicing law at Lincoln and earning not to exceed $000 per an num. He served two terms In Congress and retired March 4, 1S5. From the last date until he became a candidate for the Presidency in 'S3, he Is tnown to have had one case in court and no more. But he has been in great demand as a plat form speaker. Since 1593 he has been re turned as a resident of the Fifth Ward, L In Lincoln. During 1S93 and l9t his oc cupation Is given as Congressman. In 1S93 he was assessed for (280, and in 1S94 for $200 of personal property. In 1S95 and 1S96 he was returned as a lawyer and as sessed for $340, and $270 of personal prop erty. During the years 1S97-8-9, and 1900, while engaged in his Presidential canvass, he gives no occupation, but he is assessed for $1485, $2330 and $60 in personal property, and I understand that he has $50,000 in Government bonds, pzx which he pays no taxes. Thus, one may observe that the business of running for President under a gold-standard law has made Mr. Bryan a plutocrat, and caused him to wax monopolistic and trustworthy as a taxpaylng citizen. "Young Mr. Weston, f Beatrice, a graduate of Harvard, has made physical development a study. He recently met Colonel Bryan after four years' absence, and was Immediately struck with extra ordinary changes in hlB physiognomy. After a closer examination he determined that the broadening out of the face from the cheek bonea down to the point of the chin had been caused and italicized by the constant exercise of the muscles of the lower jaw In oratory. "Colonel Bryan does not want the con servative element to come back into tho Democratic party. He has said so over and over again. In 18S0 he made a free trade campaign for Congress in this dis trict. His arguments were very nearly in accord with my own views on the tar iff. His denunciations of high prices for staple goods were cogent and convincing, but b'x years afterward this same econo mist was traveling the same state de nouncing low prices and declaring that unless higher prices could be obtained commercial catastrophe and ruin would be universal Now it is difficult to tell what sort of prices he will demand for 1900, as both low prices and high prices have been denounced by him." I asked Mr. Morton whether the Re publicans could carry Nebraska against Colonel Bryan. "I think Nebraska will go for Bryan," he replied, "because of the close and com plete organization of the Fusionlsts. Ne braska for many years was largely Re publican. A nomination by that party for almost any office was equivalent to .an election. The Republican managers fre quently declared that they could elect a yellow dog to office over the best man their opponents might put up. They not only said this, but they did it. The result was that the better class of Re publicans as a rule wero left out of the primaries and conventions and a low standard, morally and intellectually, fre quently characterized our state and local officials. We had heavy defalcations and corruption of various forms and bad man agement in our government- Personally, I do not think that this condition of affairs grew out of Republicanism per Be, but any party that continues long in power and votes great majorities will be 1 corrupted by corrupt men In publla affairs. The party lost the confidence of the people, and there was a political revolution which brought the present ele ment into power." "Is .McKlnley popular in NebraskaT "To a certain extent," said Mr. Morton, "but not so popular as Roosevelt. Roose velt Is liked because he is positively for good things and positively against bad things. Roosevelt outranks McKlnley, mentally and morally: he is the bigger, braver and better man. He -would make a larger and safer President. McKlnley is too amiable to distinguish the dif ference between the good and the bad and too reluctant to acknowledge such a distinction when made by others." "I understand there Is a great deal of fear of imperialism among the foreign voters of Nebraska." "This imperialistic craze is nonsense. Imperialism is a spook, but I suppose the Bryanites will get up ghost dances to frighten the ignorant. The only added strength that can possibly come to Bryan archy as It exists at present in this state will be because of the. fear of what is called militarism among the foreign ele ment who have emigrated to this coun try to escape the military governments of Europe. If Oswald Ottendorfer and Carl Schurs actually believe there is danger from militarism In this country and make their German fellow-citizens believe It they will increase the Bryan vote. That is the whole thing, and it looks to me as if that would decide the election, but I should treat the whole sub ject with ridicule." "Do you think the nomination of Ste venson has strengthened the ticket?" "I like Stevenson very much, but he is too elastic. In politics he is too much like a salad, and needs a good deal of oil, vinegar, salt, pepper and garlic Hl5 adherence to fiat money and greenback- lsm 20 years ago was no more Italicized than his adherence to 16 to 1. If Colonel Bryan should change the ratio toJS or to 30 to 1 Stevenson would promptly adjust his convictions to meet the emergency. Stevenson reminds me of Tim Campbell, formerly a Congressman from New York. When I was Secretary of Agriculture he came Into my office one day and asked me If anybody ever tried to pry opinions out of me on politics. I told him that I had never been given much trouble on that score that my opinions on politics were easily obtained. Whereupon he said that a political club over in his dis trict had been asking him some ugly questions. r " The b'ys of the Nolnth Worrd,' he said, "have been afther axing me where I sthood on the money question, and likewise on the taariff, an I gave "em a round answer qulck.I Bald, "Glntle men of the committee of the Nolnth Warrd," sez I. "tell me where the b'ys of the Nolnth Warrd are a-standin on thi moner Question and the taariff and you'll find Tim Campbell Bolde by solde wid em.'" "Stevenson is a charming companion, a good story-teller and enjoys a Joke on himself as well as on anybody. To ward the close of the Cleveland Admin istration we were all at a Cabinet din ner at the house of Postmaster-General Wilson, and the conversation fell upon tho incredible number of Intelligent citi zens who cared so little about politics that they did not know who held this or that office or what their duties might be. Stevenson looked over to President Cleveland and said: 1 was out speak lnir in the recent campaign who for Is not necessary to state In this presence and In West Virginia I made a tour with Governor McCorkle. Arriving at a place where we were to speak we were shown upon a platform, the band ceased to play and the chairman of the meeting, who was represented to be a straightforward, honest, well-to-do. Intelligent Democrat, got up. drew an envelope from his pocket, adjusted his spectacles and said: " ' "Fellow-cltlzens, I have the honor to Introduce to you the Vice-President of the United States (and he studied some writing on the envelope), the Hon. Mr. Stevens, who will now address you." "Stevenson said that McCorkle was so amused that he nearly fell out of his chair, but when his turn came he was In troduced as 'our own Governor McCor mlck. Everybody laughed. I said: 'That throws new light ori- the campaign, and It Is the first time I ever heaiji jhat you made your speeches for Bryan under an alias.' " CROWDS GROW LARGER ATTEJTOAJfCE AT CHAUTAUQUA SWCLLED EACH DAY. IS Hob. XJ. P. Thompson end Mrs. Abi gail Scott Dnntvrar Deliver Ad dressesEfforts Welt Received. GLADSTONE PARK. Or., July 16. This has been another day of interesting and complete programmes, the sixth day of ! the seventh annual assembly of the j Willamette Valley Chautauqua Assoda- j tion. The classwork was of unusual inter- I est mis morning, ana ouier leaiures were the lecture of Hon. D. P. Thompson, on "Humane Work," the elaborate woman's Amr nmimmimn In th nftcrnnnn. tbft Round Table exercises, and the Metro- j politan Jubilee Singers in the evening. The dally attendance is Increasing, more than the usual number of people being present from Portland today At the morning session, Hon. D. P. Thompson gave a lecture on "Humane Work," to a good audience In the audi torium. Mr. Thompson began by giving a brief history of the organization of the Oregon Humane Society, which was form ed in Portland 27 years ago, he being a charter member, and W. T. Bhanahan, HON. R. t i WORTHY MASTER OREGON STATE GRANGE. who was present, having been Its cor responding secretary continuously since that time. Seventeen years ago it In corporated and was given a police officer. The society has done a great work, and there has been a notable improvement in the conditions attending the treatment of dumb animals since the society entered upon Its educational work and enforced the laws. At one time, carloads of cattle and hogs, and coops of poultry were brought to Portland so crowded that always some of the number were trampled on and killed. Often these dead an imals were dressed and marketed, and used by unsuspecting consumers. Agents were sent to the Legislature and laws were passed not only protecting dead an imals, but stringent regulations were made concerning cruelty to animals In other ways. The society is now push ing the work of humane education In the public schools, especially those In Port land. The lecture dealt conclusively with the various phases of the work, which is now largely educational. Great interest continues in the class work, which occupies all the time from 8 to 10 o'clock In the forenoon. Nearly 100 attended the physical culture classes this morning, which are conducted by A. M. Grilley, secretary of the Y. M. C. A. Extra seats had to be provided for those attending President Hawley's his tory class, his toplo being "The Second Nomination of President Lincoln." Pro fessor Irving M. Glen's English class discussed the "Call of Caedmon to Poetry." The 8unday school mothods class, under the direction of Superintend ent W. R. Wlnans, heard Miller Mur dock, of Portland, on "The Tacher In and Out of the Class." T. 8. McPher son and Rev. Thomas Boyd will discuss special topics tomorrow morning. This afternoon was Woman's day, and the entertainers were greeted with a well-4llled auditorium. Mrs. Abigail Scott Dunlway presided, and gave the opening address, "The Rising Phoenix," which, in part, was as follows: 'It is said of the fabled phoenix that he subsisted on nir for 500 years, after which, laden with spices, he flew to Hellopoils, entered the temple there and was burned at the altar. Next day, the rison phoenix is already feathered; on the third day his pinions are full grown, when he salutes the priest Snd flies away. The period at which this bird reappears Is variously stated, but the time Is usually fixed at 500 years. Tacitus tells us that the bird was said to have appeared first under Sesostris, then under Amasis, again under Ptolemy HI. and once more in 34 A. D. In these latter diys of steel and steam, when electricity flies faster than time, and men and women, associating together In friendly and mutual equality, as In our Chautauquan assemblies, create thoughts faster than histories can record them, we do but provo afresh the old, old maxim that there Is nothing new under the sun. unless it be the feminine histo rian. It Is my proud privilege to speak today of the feminine phoenix, a much more modern bird than that recorded by Herodotus, and which was burned to ashes, as its lmmolators vainly imagined. at the funeral pyre of the late state elec tion, but which arises even as they turn to exult, and shaking her wings full grown, moves on with scarcely a pause In her allotted sphere, strong In the pow er of Immortality, and exultant In the majesty of her cause. The name of this risen phoenix is Liberty; and even while I speak, she pauses majestically above the 'devoted heads of her many worship ers and consults her consort Freedom, who Joins her In the air. As the most of you are aware, we had. In the State of Oregon, in the year 1SS4, a visit from this feminine phoenix, whose name Is Liberty. Her enemy, whose name Is Tyranny, built a funeral pyre on which to Immolate her on the first Monday In June of that year, and consigned her to the flames, as his followers thought, for ever. The fuel with which they lighted the fire was vote. -n-'tUne votes nega tive votes. But even as they fanned Its flames, behold a counter fire, a back fire as the old prairie Are fighter would call It. was lighted in its path. This fire was fed with affirmative votes, and the ashes they left were living Issues from whose midst the Immortal feminine phoenix exultant rose, rejoicing In her new birth, clothed with immortality as with the sun and accompanied by an en thusiastic host, terrible as an army with banners. In looking over the records of that Incineration, in the files of the New Northwest, I find some statistics which I will here submit, showing the efforts made to destroy this phoenix, and the growing strength of her gallant de fenders since thaC eventful year. The sum total of the 'yes vote on the equal suffrage amendment in 1SS4 was 11,233. In 1900 it was 26,265, an Increase of 15,022, while the 'no voto of 1S34 was 2S.176, and only increased 226 votes In tne jg years, as the official register of 2S.4C2 will demonstrate to any one who wm qq ni3 own nguring. Ana so, tocay our risen phoenix Is proud, not only of her fresh, new plumage and her royal consort Freedom, with whom she soared In glory; but of her growing army of armor-bearers, whose numbers are In creasing with every passing year." Miss Leni Morrow gave an analytical and scientific address on "A New Factor In Civilization." This factor was the woman of the new civilization. Customs made standards, and standards made peo ple. She first called attention to the Indian and primitive races how the conditions of these people made It nec essary for man to go out and defend his life from his enemies, and capture food P. BOISE thafhis family might live. Under these primitive conditions, it was necessary that the woman be the burden-bearer. The Indian brave must not be burdened with the care of the papoose, for the hand of every man was against his kind and he must be untrammeled In the chase. However, thoso who have studied Indian character will assert that ho never mistreated his family when he returned from war or the chase. The competi tive system, which makes man the sole provider, causes the subjection of woman. Inequality Is more injurious to man than woman, and the competitive, system is wrong, and stands in the way of higher civilization. The time has come when woman is recognized as an individual fac tor In our civilization. This Is not sen timent; it is a matter of business for the future preservation of civilization that woman be recognlzod for her individ uality. Womanliness and strength are synonymous. Co-operation should be the watchword of our new civilization. It has been said that motherhood is the crowning glory of woman; it should be the crowning glory of man. She made a plea for the opening of all avenues of employment to women, so they might become Independent. The musical programme was the best that has been given during the seventh annual assembly of the Willamette Val ley Chautauqua, and the audience was fairly delighted, the hearty encores show ing the appreciation of high standard, classical music . Ottllle Schuecklng sang "Aria," from Mlgnon-Thomas, her accompanist being Miss Annie Newman. of Portland. Mrs. Cora Dunlway sang a selected soprano solo, and responded with "Cherry Ripe." Anton Schott was greeted with great enthusiasm In his tenor solo, "Scene from Das Nachtlager," and responded to two encores, "Wanderlied," Schumann, and "The Two Grenadiers," Schumann. Ottllle Schuecklng was the pianist. Sara Shannon Evans wa3 not present, but her paper on "Oregon's Need of a Free and Uniform Library System" was read by Mrs. Dunlway. There was to have been a game of baseball between the Astoria and Canby teams this afternoon, but the former failed to put In an appearance. Tho Canby team, reinforced by three play ers from the Oregon City team, played the Oregon City Junior team, reinforced by substitutes- from the Cbemawa and Oregon City senior team. The score was 20 to 20. The Canby team claim the game today on account of the de fault of the Astorians. The Ancient Order of the Red Cross gave an interesting programme at the Round Table this afternoon, under the direction of D. C Robers, supreme guide. The Chemawa Indian band played and Mrs. J. H. Strickler, of Port land, sang " 'Tis a Dream," Hawley,and responded to an enthusiastic encore with "Good Night, Farewell," Kucker. Mr. Rogers also gave an address. This was the best attended round table meeting during the session. The Metropolitan Jubilee Singers gave an excellent entertainment this evening, delighting the audience with their plan tation melodies, and some classical se lections. Every evening that the Jubi lee Singers have appeared on the Chau tauqua platform they have been greeted with large audiences. They sang several fifvorite plantation songs by special re quest, having agreed to give variety to their programme In this way. The Jub ilee Singers will appear here for the last night. Following Is the complete programme for tomorrow: 8 to 11 Schools and classes. 11 State University -morning; lecture, "The Beawulf and Its Story," Professor Irving M. Glen. 1;30 Jubilee Singers. 3:20 Baseball, Astoria vs. Chemawa, 5 Programme. C. L. S. C Work; Mrs. William Galloway 7:30 Orchestral concert. 8 Reading, Professor C. Ev Kemp. Or egon City- Ladles Quartet. - Illustrated lecture oa "Christ In Art" . AN IMPORTANT RULING INFORMATION LEGAIiLY FIIED WITHOUT GRAND JURY. An Opinion by the Supreme Court Three Other Cases Decided Minor Orders. SALEM, July 16. The Supreme Court today rendered four decisions, the mo3t important of which was that the act passed by the last Legislature permitting District Attorneys to present informa tions wlthqut a grand Jury being called. Is constitutional. Tnls Is the rirst time this question has been before the Su preme Court and the decision settles a question that has been raised In nearly every county In the state. The case Just decided was that of the Stato of Oregon vs. Harry Tucker, who was Indicted In Union County for the crime of "burglary not In a dwelling." Ho was tried before Judge Robert Ea kln, found guilty, and having been sen tenced. aoDeald to the Supreme Court. In affirming the Judgment of the lower court Justice Wolverton. writing the opinion, gives an exhaustive discussion of the question as It relates to both the state and Federal constitutions. The act under which Tucker was in dicted was approved February 17, 1S99, and Is found in the 1S09 session laws, page 99. Tho act provides, among other things, that It shall be lawful for the District Attorney of any judicial district in the state, and it Is made his duty, to file in the proper Circuit Court an Information charging any person or per sons with tho commission of any crime defined and made punishable by the law3 of the state, and which shall have been committed In the county where the In formation Is filed; that the Information shall be substantially In the form pre scribed In section 1269 of the Criminal Code, except the word3 "District At torney" shall be used Instead of the words "grand Jury," wherever the same shall occur, and the planner of stating tho act constituting the crime shall be of like nature as rqulred In tho Indictment. The act further provides that from the time tho Information Is filed, and thereafter until and Including Judgment, it shall be construed to be In all respects an Indict ment within the meaning of the present statutes of the stato, and that the same proceedings shall be had, with llko effects, as In cases where Indict ments are returned by a grand Jury. The act does not prevent the Circuit Court from convening a grand Jury whenever r In Its opinion It Is deemed advisable to do bo. The opinion says In part: "He (the defendant) complains that ho was unlawfully accused, and, therefore, not duly convicted. This Is basted upon the contention that the act of the Leg islative Assembly of February 17, 1S39, is in violation of section 18, article 7, of the state constitution, which involves also the Inquiry whether he has not been deprived of the privileges and Immuni ties vouchsafed to every citizen of the land by the Fourteenth amandment to the Federal Constitution, whereby it Is de clared that no state shall deprive any person of life, liberty or property wltn out due process of law. The Inquiry has received consideration at the hands of the Supreme Court of the United States, and has been decided adversely to de fendant's position. Hurtado V3. Califor nia. 10 U. S. 516. ... From the au thority cited It Is concluded "that al though the grand Jury was a tribunal known to and sanctioned by the common law, whoso' duty it wa3 to make pre sentment of crime to the court, yet that the preservation of the system was not essential to the perpetuation of those un derlying principles of our civil and po litical institutions; that it constituted a preliminary proceeding, formal In charac ter only, which could result In no final Judgment, except as a consequence of a regular judicial trial, and that, as the defendant was yet entitled to all tho rights and privileges of a regular trial subsequently to be had, tho guaranty of the constitution has been amply con served." . . . The design of this amendment "was not to confine the states to a particular modo of procedure in Judicial proceedings and prohibit them from prosecuting for felonies by infor mation, instead of by Indictment, if they chose to abolish the grand jury system. And the words 'due process of law In this amendment do not mean and have not the effect to limit the powers of the state governments to prosecute for crime by Indictment, but these words do mean law in its regular course of administra tion according to the prescribed forms and in accordance with the general rules for the protection of Individual rights. Administration and remedial proceedings must change from time to time with the advancement of legal science and the progress of society, and If the people of the state find It wise and expedient to abolish the grand Jury and prosecute all crimes by Information, there Is nothing in our state constitution as it now stands, and nothing In the Fourteenth amend ment, which prevents them from doing so." . . . "The grand Jury continues to be an accusing body, hot the number of which it is composed varies in the several states. Its sittings and deliberations are in secret, and usually ex-parte, hence lacking even the primary essentials of due process of law the right of notice. or a day in court. But this right Is re served to the accused upon his final trial by a Jury of his peers." "The greater stress, however. Is laid upon the question primarily stated, whether the Legislature of the state is empowered, under the state constitution, to modify the grand jury system without abolishing it In toto. Section IS. arti cle 7, by which the matter Is regulated, reads as follows: The Legislative As sembly shall so provide that the most competent of the permanent citizens of the county shall be chosen for jurors; and out of thev whole number in attend ance at the court, seven shall be chosen by lot as grand Jurors, five of whom must concur to And an indictment But the Legislative Assembly may modify or abolish grand Juries.' "... "It Is insisted that so long as grand juries are not abolished, it is the consti tutional right of every Individual 13 due to an acid poison which gains orjrans to carry off and Iceeo the svstem solvent, purifying properties, attacks the disease in the right way, and in the right place the blood and quickly neutralizes the acid and dissolves all poisonous deposits, stimulates and reinforces the overworked, worn-out organs, ana clears the systesB of all unhealthy accumulations. S. S. b. cures permanently and thoroughly, ana Jteeps the blood in a pure, healthy state. Mr. J. O. Mallcy. 123 V 13th Street. Indianapolis, Ind., for eighteen months was so terribly afflicted with Rheumatism he was unable to feed or dress himelf. Doctors said his case was hopeless. He liad tried fifty-two prescnpUoos that friends had given him, withottt the slightest reHef. A fevr bottles of S. a. S cured him permanently, and he has never had a rheumatic pain since. This was five years ago. We will send free our special book on Rheumatism, which should be in the hands of every sufferer from this torturing disease. Our physicians have made blood and skin diseases a life study, and will eive vou anr information or advice wanted, so write tbexn fully and freely about your case. We charged with crime to demand and re- ' qulro that accusation against him be bj Indictment by a grand jury. . . . The Legislature by the late act has made prosecution by information concurrent with prosecution by Indictment, which It was empowered to do by the authority vested In It under the constitution to 'modify grand juries. " . . . . "Section 11 of the bill of rights, em braced by article L of the constitution of the state, has secured to the accused the right of public trial by an, im partial jury, to be heard by himself and counsel, to demand the nature of the accusation against him and to have a copy thereof, to meet tho witnesses face to face, and to. have compulsory process for requiring the attendance of witnesses in his favor. This constitutes the chief palladium, of civil liberty under the con sltuatlon. The manner of preferring the accusation Is of preliminary Import, and whether It shall be dono by a grauo Jury or by a public prosecutor, or con currently by both, has, whether wisely or not, been left to the wisdom of tho Leg islature to determine. ... While the wisdom of the law may be a subject of dispute, the authority to enact It can not be gainsaid." Some minor questions were raised but It Is held that there Was no error In the court below. S. L. Conklln, plantlff. vs. Mattlo A. La Dow, Frank E. La Dow. Charles B. Isaacs, et al., defendants, Letltia Lom bard, appellant; Lewis McArthur La Dow and C B. Wade, receiver, respondents; appeal from Umatilla County, Stephen A. Lowell, Judge; opinion by Bean. C. J., modified. The facts out of which this litigation arose are stated, at length, in Conklln vs. La Dow, 33 Oregon, 334. Tho opinion holds that the County Court of Umatilla had no power or authority to make the alleged nunc pro tunc order of March 22, which is clearly void, and cannot affect the rights of tho parties In any way. Tho order of March S. 1900, Is affirmed, and the nunc pro tunc order of March 22 will be vacated and held for naught. This conclusion, however, to be withou prejudice to any further proceedings by Mrs. Lombard for an accounting, or to assert her claim to the property in con troversy, neither party to recover costs on appeal. J. M. Hilts, appellant, vs. Rachel Hilts, respondent, from Union County, Robert Eakln, Judge; affirmed. Opinion by Bean, c. j. This was a suit to reform a deed by which C. W. Ladd convoyed to plaintiff 160 acres of land In Union County, and some town property In La Grande. The parties are husband and wife. The plain tiff claimed that it was Intended that only the town property should be conveyed. but both the lower court and the Supreme Court hold that there was no mistake in the conveyance, and that the plaintiff Is entitled to no relief. 8. L. Baer et al., appellants, vs. Ada J. Ballingoll et aL, respondents; appeal from Baker County. Robert Eakln. Judge; opin ion by Judge Moore; modified. This is a suit to subject an unasslgned dower Interest In real property to tho payment of a Judgment rendered against the dowress. The transcript shows- that one Lewis Hart, having died intestate about August, 183S. selzea of certain real property In Baker County, Oregon, leav ing surviving him the defendants, Ada J., his widow, and Seth, Lotta and Rosa Hart now Rosa York, his- children and heirs, Frank Clark was appointed admin istrator of the estate, which he settled without disposing of any of the real property thereof. Mrs. Hart thereafter married R. F. Balllngall, but remained with her children, her dower Interest therein never being assigned or admeas ured. Being Indebted to Rosa E Robinson and David Wilcox In the sums of $700 and $300 respectively, she executed a deed pur porting to convey said dower Interest to them under an agreement that If her son. a minor, should, upon becoming of age, convey to them 200 acres of land which he owned In his own right, they would con vey said dower interest to him, and he having done so they executed to Mm a quitclaim deed thereof. Prior to January 21. 1893. plaintiff and S. Ottenhelmer were partners. On that date the latter died Intestate and plain tiff, having been appointed administrator of the partnership estate, recovered a judgment against Mrs. Balllngall, March 16, 1S9S, for the sum of $247 50, which was entered in the judgment docket of said county and execution being issued was re turned nulla bona, whereupon a suit was instituted alleging Mrs. Buillngall's deed was Intended for a mortgage to secure the payment of a'sum unknown to plain tiff which had been fully paid, but for the purpose of defrauding creditors, and asking that said deed be declared a mort gage and cancelled, and that commission ers be appointed to admeasure her dower In said property, deeded to nor son. and the same be sold to satisfy plaintiff's Judgment. At trial plaintiff, amended his complaint by adding a statement thereto that the deed executed by Mrs. Robinson and Mr. Wilcox to Seth Hart was In ef fect a satisfaction of Mrs. BalllngaU's mortgage, of which plaintiff had no notice or knowledge until the same was filed for record, prior to his judgment, which had been secured In good faith and was a lien on said dower Interest. The answer admits that Mrs. BalllngaU's deed was intended to secure the sum of $1000. which was paid by Seth Hart, whereupon the dower interest was conveyed to him pur suant to the original agreement between the parties, in payment of the sum. as valuo of the land so conveyed by him. The reply having put in issue all the allegations of new matter in tho answer, a trial was had, resulting In a decree dismissing the suit, and plaintiff appeals. The opinion holds that the testimony clearly shows that Mrs. Balllngall and her son Intended that when he paid her debts to Mrs. Robinson and Mr. Wilcox, their deed, which was In fact a mortgage, should be assigned to him as security therefor, and that under such circum stances tho dower Interest, which Is one third of the land, being the interest she was entitled to at her husband's death, after being duly admeasured, be sold un der this decree, as upon execution, and that from the money arising therefrom there be paid, first, expense of such sale and costs Incurred in this court: second, the amount so decreed to the defendant Seth Hart; third, amount of plaintiffs judgment; fourth, remainder. If any. to Mrs. Balllngall; but If the dower-Interests access to the blood through failure of the proper clear of all morbid, effele matter. This poison through the general circulation is deposited in the jotnts, muscles ana nerve3, causingtnemest intense pain, Bhsumatism may attack" with such suddenness and severity as to make within a few days a healthy, active person helpless and bed-ndden, with distorted limbs and shattered nerves ; or it may be slow in developing, with slight wandering pains, just severe enough to make one feel uncomfortable ; the ten dency m such cases is to grow worse, and finally become chronic. Like other blood diseases, Rheumatism is often inherited, and exposure to damp or cold, want of proper food, insufficient clothing, or anything calculated to impair the health, will frequently cause it to develop in early life, but more often not until middle ago or later. In whatever form, whether acute or -chronic, fXrited! Rheumatism is Striey a Bod SSisBssse, and no liniment or other external treatment can reach the trouble. Neither do the preparations of potash and mercury, and the various mineral salts, which the doctors always prescribe, cure Rheumatism, but ruin the digestion and break down the constitution. A remedy which builds up the general health and at the same time rids the system of the poison is the only safe and certain cure for Rheumatism. S. S. S made of roots, herbs and barks of wonderful make no charge whatever for this service. cannot be set off by metes aad bounds without Injury to the estate, then tho whole of the estate be sold, and the costs of sale be paid first, the remainder be paid over to Mrs. Balllngall as her dower In terests estimated upon her life at tlmo of sale, and out of the sam- the sums paid the parties as In the order above set out. Minor orders were made as follows: Henry D. Laughlln. respondent, vs. P. J. Jennings, appellant; ordered that ap pellant's time to serve and file his brief be extended to August 1, 1SC0. M. C. Strickland, respondent, vs. Noble Heath et al.. appellants; ordered on mo tion and affidavit that appellant have un til August 1. 1900, to servo and file, tha abstract herein. SHEEPHERDER FOUND DEAD. Had Been Dead Five or Six Days- Faithful Dor Watching Remains. BAKER CITY, Or., July 16. Chief of Police Porter, who has just returned from Granite, reports that a sheepherder was found dead In the Greenhorn Mountains Saturday last. The name of tho man could not be learned. He had been dead sir or e'ght days, and the body was de composed. A shepherd dog was watch ing over the body. The animal could scarcely move, and was nearly dead from hunger and thirst. Tho flock of sheep under the charge of the dead man was scattered in All directions. His name nor tho manner of his death; Chief Porter says, could not be learned when he left, but the Coroner Intended to hold an la quest on the body. At a meeting of the Chamber of Com morco this evening a proposition from an Eastern man to deliver a lecture before tho body on the subject of liquid air was referred to the secretary, with Instruc tions to communicate with him. and mako tho necessary arrangements In case the proposition seemed feasible. The director-general of the pan-American congress, which Is t6 be held at Buf falo, N. Y., from May to November. 1901, invites Baker City and Eastern Oregon to make a mineral exhibit at the expo sition. The secretary was instructed to open correspondence with the directors general and ascertain what space could be secured for an exhibit. A committee of the board of directors was appointed to work in connection with a committee appointed by the City Coun cil for the purpose Qf'having tho charter of Baker City so revised as to better en able tho people to improve the streets, construct sewers and make other Improve ments. The question of securing Und for a city park was dlscursed. and It was the unan imous sentiment of the board that this was the proper time to start the question. A. committee of three was appointed, with Instructions to investigate the matter fnllv and renort a plan of action to bo followed In future. Wealthy Sheepman Killed. ONTARIO, Or., July 1. Joe Bartonl, a wealthy sheepman of Westfall, Malheur County, wns accidentally killed this after noon, while stacking hay at his ranch. Ho was struck by a derrick fork, one prong of which pierced his neck. Ha died in a few hours. HAYING IN YAMHIIil COUNTY. Iiarse Portion of Crop Harvested Farmers Start Binders. M'MINNVILLE, Or.. July 16. Haying is in full blast in Yamhill County. Much hay was cut last week; In fact, nearly all of the cheat hay was harvested, and on Friday and Saturday there was a great demind for farm laborers, the demand exceeding the supply. No great scarcity is anticipated, however. Up to the present time some Fall wheat and Winter oats have been cut. but this morning fullv one-fourth of the farmers of the county started their binders. The earlier Fall wheat was sown last year the poorer Is the crop this year. Old resi dents nay that never before have they seen so much "French pink" and dog fen nel In the grain, and especially In tha Summer-fallowed field? Early-sown Spring oats are a srlendld crop this year, somp fields having a pood deal of smut, whilo others are entirely free from it. POLK COUNTY GRAIN HARVEST. Many Fields Will Be Cut Tills Weelc Nevr Ren ion for Shortage. INDEPENDENCE. Or.. July 16. This week will see many fields?- of Polk County grain cut. Some early oats were cut tha latter part of last week, while early wheat was not quite ready for the machine. In manv fields the grain looks rather thin. Whether this is owing to the weather, insects or other causes Is not known, but rome people think that the main reason of the thinness Is because the ownora were too "skimpy" with their seed when planting. A gentleman out through tho country yesterday report that many of the fields looked as though the seed was dropped with the idea of seeing how llttla it would take to go a long ways. Whlla Winter wheat looked poorly. Winter oats was a good crop, and there would ba enough good hay to satisfy everybody. WIND CAUSES FIRE TO SPREAD. Brush Fire Gets Beyond Control and Docs Some Damage. M'MINNVILLE, July 16. Charles Groa ning, a farmer living near town, set flra to some brush on Saturday, intending to clear some fence-rows. A brisk breeze was blowing, and before he could put out the fire, it spread into his timber, de stroying 125 cords of wood and about 1000 rails. Dr. J. D. Baker and William H. Fletch er, delegates of the A. O. U. W.. and Mrs. Annie Matthies and Bessie L. Houck, of the Degree of Honor, left today for Salem, to act as delegates- to the grand, lodge, which meets there tomorrow. The First National Bank of this city Is having Its business block painted. Work on McMinnville's two new bricks Is progressing rapidly. SIx-Yenr-Old. Girl Shoots Herself. HARRISBURG, July 16. Golda Hageti 6 years of age, took a revolver from a clothes safe today and was playing with It when It went off, the ball passing into her stomach and up through her body Into her shoulder, where It lodged. She Is do In? Rell. and It Is thought will recover. Address, SWIFT SPECIFIC CO., Atlaatsu &4 mmm mmt Sisiiers nzrm, $tmm$ Joints. ..,'. ttVjl 9tLJ! Jrf fc. t i f '"' . -r. Sbaui?