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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 7, 1901)
yTrytw-nSHif, 't'-rwp-y'" yjy raia'yaff-lf-!l"'5; THE MORNING OREGONIAN, MONDAY, JANUARY 7, 1901. DEFENDS HIS BILL General Terms of Circuit Court Constitutional. IS ONLY PRACTICAL SOLUTION Mr. Manly. Says It Xot Only Relieves Snpremc Court, but Assures Speedy Hearing? by Trnined Jurists and at Loir 'Cast. "William A. .Munly gave an Interview to The Oregonian yesterday, in -which he de fended the constitutionality of his bill creatlngg general terms of the State Cir cuit Court, and replied to E. W. Bing ham's criticism of It. Mr. Munly does not think favorably of Mr. Bingham's bill to relieve the congestion of business in the Supreme Court by Increasing the number of Justices. Governor Lord, who had been a member of the Supreme Court lor 12 years, recommended, in 1895, that the Supreme Court be given relief. "Gov ernor Lord was acquainted with the needs of the Supreme Court," said Mr. Munly yesterdaj "If he thought the number of Justices could constitutionally be. in creased, he would have recommended ad ditional Judges." Mr. Munly continued: "In regard to the criticisms on the bill fdr the relief of the Supreme Court pre sented In The Oregonian Friday, I will say, with all due respect for the opinion of Mr. Bingham, that there Is no new court proposed by the bill. There are simply other duties Imposed upon the Circuit Courts. They are authorized and empow ered to pass upon at leisure, and after dye presentation of the case, errors made ajt the trial. Three of the whole bench of Circuit Judges of the state will be des ignated to perform this work each year. In a measure the Circuit Courts perform a duty similar to the one given them In the bill when they pass upon a motion for a new trial. If a new trial Is granted, the former verdict or decision is set aside lor many irregularities enumerated in the code, among which are errors In law oc curring at the trial. The Judge passing upon a motion for a new trial need not necessarily be the same one who presided ot the trial. Any Circuit Judge of the district or of the state may perform that duty, and when, he so acts he is really re vising the Heclsion ot the Circuit Court. "The bill provides only for another term of the Circuit Court, at which they will attend only to the revision of 'the work performed at the ordinary sessions of the court There Is nothing new or startling about the proposal to have the Circuit Judges perform these additional duties. For years, as The Oregonian has stated. there has been a general torm of the Supreme Court existing In the State of New York: The Supreme Court there cor responds not to our Supreme Court, but to our Circuit Court. The general term of the Supreme Court there is apportioned In districts, and a certain number of Judges are designated from the whole bench of the state in the same manner as is proposed in this bill, and they review on appeal all cases tried at the ordinary or regular sessions of that court. The only difference between the mode In oper ation there and the one proposed In this bill is that all cases on appeal go through the general term there, while under this bill only certain cases would go to the general term, as there is no substantial reason why there should be two appeals. In that state the decision rendered by the general term was final in all cases in volving amounts below $500, making it a court of final appeal, which is analogous to the provisions of this bill, with a dif ference only in the amount Involved. "There is also a general term of the Superior Court in the State of Indiana which performs appellate duty, reviews the decisions made by the same court at Its ordinary sessions. "I have spoken to lawyers who have practiced in New Tork under the general term, and they all thoroughly approve the system and say that It works admi rably In fact, all our lawyers know the value of the reports of discussions made by this general term in New Tork. and quote in dally practice from Hun. Bar bour, Denio and others of these reports. Let the Idea be dispelled that the system Is any great Innovation, or that it will not prove of practical application. The system has stood the test of experience, and has met with all requirements. "Xovr. then, as to the question of the constitutionality of the proposed measure. I find authority for the performance of these new duties Imposed on the Circuit Court from the several sections of article 7 of our constitution. Section 1 provides: 'The judicial power of the state shall be vested in a Supreme Court, Circuit Courts and County Courts, which shall be courts of record, having general jurisdiction, to be defined, limited and regulated by law in accordance with this constitution ' The bill will not be unconstitutional under the Joregolng section, for the reason that it oes not propose to establish a new court, but simply makes one of the courts enu merated in that section perform other duties and gives It a jurisdiction, regu lated by law, In accordance with the con stitution.' The measure is strictly within th.e above section. "Section 6 is the next section bearing on the matter, and it provides: "The Su preme Court shall have jurisdiction only to revise the final decisions of the Cir cuit Courts.' This section does not give the Supreme Court exclusive appellate power, as contended by some. It merely places a limitation upon the powers of the Supreme Court, and prevents it from drying causes in the same manner as a Circuit Court. Its authority is limited to revise the decisions of the Circuit Court, bat it does not say that it has the ex clusive power of revision. "The next section bearing "on the subject Is section 9, which reads as follows: 'All judicial power, authority and Jurisdiction not vested in the constitution, or by laws -consistent therewith, exclusively in some other court, shall belong to the Cir cut Court, and Jhey shall have appellate jurisdiction and supervisory control over the County Courts, and all other Inferior counts, officers and tribunals.' "The latter part of the section shows that "the Circuit Court has appellate juris diction and control over the inferior courts, but It does not limit or confine its appellate jurisdiction to these courts. If such were the case. It would provide spe cifically that It had only such a limited appellate Jurisdiction, and would insert that word 'only in the same manner as It was inserted in section 6, quoted above, when it was desired to limit tho authority of the Supreme Court. "The fore part of section 9 gives full and ample authority lor the powers of re vision proposed in this bill when it says that all Judicial power, authority and Jurisdiction not vested by this constitu tion or bv laws consistent therewith ex clusively in some other court shall belong to the Circuit Courts. It has been shown that tho constitution does not confer ex trusive appellate Jurisdiction on the Su premo Court, end there is no law that gives It exclusive appellate power. It has also been shown that the constitution does not limit the appellate Jurisdiction of the Circuit to the Inferior courts, and it seems that the conclusion must be irre sistible to any one who views these sec tions candidly and dispassionately, that the Circuit Court can exercise the powers such as proposed In the bill In strict con formity with the constitution. The plen ary powers given the Circuit Courts by the lore part of section 9 seems to settle that matter beyond any doubt. The power of revision is a Judicial power, not given Ul ITYlorui JO tt. JUUiUUI.1 fUWCT IIUU glVCU exclusively to any other court.' end It iistiBil sfi ftw therefore resides with the Circuit Court when regulated by law, as provided in section 1. "Story on the Constitution says:, "Where a power Is granted in general terms, the power Is to be construed as co-extensive with the terms, unless some clear restric tion upon it is deducible from the con text.' There is no clear or any other kind of restriction placed upon the Circuit Courts In the exercise of appellate func tions, and in fact in revising and review ing their own cases they dally exercise such functions. "Our own Supreme Court, in construing section 9, of article 7, of the constitution, says: 'That all judicial power, authority and'jurisdiction not vested In the consti tution, or by laws consistent therewith exclusively In some other court, shall be long to Circuit Courts. The result fol lows that all the .enumerated remedies for the enforcement of legal rights, where the jurisdiction Is not vested exclusively in some other court belong to the Circuit Court, and any suitable process or mode of proceeding may be adopted for their enforcement which may appear most con formable to the spirit of the code.' "In Colorado, it Is held that article C, sections 2 and 11 of the constitution of that state, providing that the District and Supreme Courts of the state shall have appellate jurisdiction, does not by implica tion limit appellate jurisdiction to such courts, and it may be conferred on County Courts. (11 Colo., 19L) This shows that y conferring appellate Jurisdiction on the Supreme Court by section 6 of our consti tution does not by implication limit ap pellate jurisdiction to that court, and no one can contend that there Is expressly given an exclusive appellate jurisdiction to that court. "Many people are of the opinion that appeals to the Supreme Court should be limited. But it is contended that the poor man having, perhaps, his all depend ing upon the Issue of a trial, should no more be compelled to accept the opinion of one Judge as final than should the rich man or corporation with thousands in volved. The object of this bill is to re lieve the Supreme Court of the necessity of considering small cases and at the same time give every man concerned in the, trial of a case the right to have his case reviewed by a bench of trained Judges, and to have this done speedily at so low a cost that it will be within th reach of all. This bill limits the right of appeal to the Supreme Court. Mr. Bing ham will hardly contend that that part of the bill is unconstitutional. Now If the right of appeal to the Supreme Court is denied in certain cases, Is there anything to prevent the Circuit Court itself from reviewing such cases, either through the same Judge who tried the case, or through different Judges New trials and rehearings are being constantly granted by our Circuit Courts, and the courts are frequently called upon to reverse and set aside their own Judgments. That right is recognized in this bill, but the bill goes further along the same line and gives in certain cases the absolute right to everly litigant to have a review or rehearing, not by the same Judge who tried the case, but by other Circuit Judges, who are al ready by law competent to hear the case. "It is not contended that this bill Is perfect in all Its parts. It is given as the framework out of which may be made and shaped a law to meet the present emergency. Any valuable suggestions would be received and could be incorpo rated in the act. In this respect, we are not like some gentlemen who think the bills they frame are so far beyond any amendment that they have them held as sacred as once was held the ark of the covenant, and not be touched by the pro fane hands of outsiders. "Concerning the measure proposed by Mr. Bingham to take the bull by the horns and make an addition of two to the Supreme Court. I do not wish to mako much remark other than that two ses sions of the Legislature acted as if such an act was unconstitutional, and sub mitted an amendment to the constitution in this respect to the people, in whom, after all, reside all power and authority. "We all know what that verdict was. Would not the Legislature now, with that verdict In view, show a little temerity in acting in direct defiance of the fiat of the voters? With this idea in view, the pres ent bill was framed In order that some relief might be afforded both to tho Su preme Court ahd to litigants. "I am somewhat mystified by the allu sions contained In the last paragraph of Mr. Bingham's interview in regard to the wishes of the bosses concerning the Su preme Court. The language Is a little vague, and it is somewhat difficult to see what he is driving at. If it is Intended to convey the Impression that the bosses fa vor the bill, I can assure the gentleman that such Information is a revelation to me. I have no companionship or relation with the bosses, whoever they may be, and am profoundly in the dark as to their wishes, or whether they have any wishes in the matter. "There is no desire to force this bill upon the people. It is submitted as a practical measure to meet the pressing needs of the hour. If any suggestions can be made for Its amendment, or if a better bill to answer the purpose can be made, let it be done. Let there be no im putation of motives about It, and let no one imagine the aim in its preparation was glory. In matters of this kind let us be guided by the spirit that old phil osopher and lawgiver, Marcus Aurellus Antoninus, prescribed when he said: 'We should look at what ought to be done, and not to the reputation which is got by a man's acts.' " HORSES IN ALASKA. W. F. Matlock Trying: to Make tip a Carload. W. F. Matlock, formerly State Senator from Umatilla County, is at the Perkins while arranging to make his fifth ship ment of horses to Alaska. The fourth shipment was made last week from East ern Oregon, and the animals are now being loaded lor Skagway. He says heavy draft horses are in demand in Alaska, and are likely to be for some time, but there are very few left now in Eastern Oregon. H will visit portions of the Willamette -Valley this week, in quest of a carload. Mr. Matlock has- been back and forth to Alaska every year since the 1S97 rush. He has a hrewery at Skagway. He at one time owned a store at Bennett:, but last year moved the goods down to Daw son and opened a store. He disposed of this latter enterprise last Fall. He thinks Skagway is a good place for a brewery, as it is the key to the Upper Yukon, and people drink beer no matter how cold the weather Is. The water of Skagway Is fine lor his purpose, as it is procured Irom a lake 1000 feet above the town and only half a mile away. The lake is led by living glaciers. He therefore ex pects to hang on to this brewery, as brewers have the reputation of all becom ing rioh. MLLE. ANTONIA DOLORES. Critics Estimate of Singer Wbo Will Appear In Portland. A lew comments from critics of other cities, concerning the voice and art of Mile. Dolores, who will give a 'song re cital lor the Musical Club, Friday even ing, January 1L at the Marquam Grand, will serve to show the esteem in which she is held and .the enthusiasm she arouses everywhere. A Ban Francisco critic writing in the Bulletin says: "She came upon us as a revelation and awakened such enthusiasm as has seldom been shown by the stolid, and some say more appreciative. San Francisco public Her true school and exquisitely fresh and sweet quality of voice captivated every auditor at once." The Toledo Blade has this to ray: "Mile. Dolores Is not only a singer but a musician. With a nice ap preciation of relative values, she sub ordinates her technical powers to Intel- 1hmihI rTi'Ai'(An anr4 4-rv 4Tts tilcf-t -jM 1 ICVIWU CAidSMwa uua w mw . w- 1 tic aim that Ib ever present in her work." rSi.- i niirtiiit4fiV AlfljW. MAN'SMONUMENTALFOLLY SEBHON ON PARABLE OF PRODIGAL SOX BY DR. ACKEKMAS. Addresses From Portland Pulpits- Dr. Hill on the Weaknesses of the Church Militant. At the First Congregational Church last evening, the pastor, Rev. Arthur W. Ackerman, spoke on "Man's Monumental Folly," the first in a series on the parable o the prodigal son. His text was: "Father, give the portion of goods that falleth to me." He said In part: "This is Jesus' definition of sin. Here is his ideal of a lost man. A sinner is .a child of God who is living as If he were not a child of God. The deepest key note In the religous world today is the Fatherhood of God. One of our watch words is 'Interpret God by fatherhood.' That is what Jesus "did, but he put the emphasis on the man and said that so long as we Interpret God by fatherhood we must Judge man by the filial spirit. The critical question is not, 'Is God the Father of all?' But, 'Am I a child of the heavenly Father; not in name only, but in spirit and truth?' "It is worthy of notice that Jesus clear ly says that it is not in the degree of wickedness that man is a sinner. The young man who asks that the family interests be divided, that the harmony and peace of tho home be shattered, is as truly a, sinner as the same young man who is shaking down carob pods for the hogs to eat In the far country. Through the years the boy had been build ing his monument of folly. He laid the base of It in dreams of Independence. Then there grew out of the dreams a column of desiro and this blossomed into a capital of demand. Was the demand an evidence of an estranged heart? Was the desire less so? What about the dream? It Is not the degree of wickedness, not the loathsome appearance of sin that makes it sinful, for to dream of sinning Is sin because the fruition of it is what we would be if we dared, what we would be If we could. On tho other hand, do you not know that It Is a good omen for a young man to treat his mother well? If a boy has a passionate desire to make her heart glad, a determination that nothing shall sully his character that would darken her mind or make her heart ache, that young man will not go morally wrong very far. And Jesus said that that was the mind we should have in regard to tho relation which we sustain to our heavenly Father. "And because Jesus placed the empha sis here we ought to understand that lack ing the filial spirit a man is a lost man and all his good conduct cannot save him. I do not underestimate the value of morality, for if we need anything, we need a high standard of conduct and an equal standard lor both man and woman alike. Nor do I overlook the fact that a good morat life is in itself a working along the lines of God's planning for the world. But a man may be honest in his dealings with men, conscientious in his public duties, a loving husband, a faithful father, pure In life. II he stands at the age of 50 as pure as the boy who Is Just look ing out on life and yet makes the same demand as the young man of the para ble, wishing to shut off his life from God, or a part of it, in which he can say, 'I will do my own sweet will.' that man is a lost man In the sense In which Jesus used that term, and Christ has come to save him from that sin. If a man lacks the filial spirit toward God, all his cul ture and politeness may not save him. And here again there is no disposition to underrate politeness, for we need a revival of courtesy. But a man may have the personal graces of Alclblades, the policy of Absalom, the manners of Chesterfield, and the liberality of Dorset, of whom it was said that 'not a day passed in which some distressed family had not reason to call his name blessed,' and still be as selfish as Alclblades, as treasonable as Absalom, as cold, calculating and con temptuous as Chesterfield, and as great a libertine as Dorset. If these graces of person, manner and character can not re deem the character from such faults as these, how can graceful manners, bril liant conversation, a soft heart and an open hand redeem the soul from the fatal lack of a filial spirit in relation with God the. Father? With such a lack, the deeds of heroism and self-sacrifice that glorify our common manhood cannot save a man. It is needful to say this because there is a disposition to excuse almost any fault If the hero be klndhearted and lavs down his life for his friend. The world is full of stories of the men of the mines, the timber, the railroad, the fire department, engineers who are crushed beneath their engine In fidelity to duty, firemen who stand to the death between the fire and its prey. Such heroism is worthy of praise and honor. It ought to modify our Judgment as to the badness of men. We ought to welcome this revela tion of the native goodness that Is found in the human heart. But we must not allow ourselves to think for a moment that any such heroism and self-sacrifice can save a man who Is lost In the sense In which Jesus used that term. Though I dole out all my goods to feed the poor, though I give my body to be burned and have not love, it proflteth.me noth ing.' Lacking the filial spirit, the high est appreciation or admiration of the worth of the character of Jesus can not save. Rousseau has the honor of writ ing the most splendid panegyric of the character of Jesus in any time or in any language, and Rousseau was a libertine, an Infidel, and a blasphemer. To know the truth and to do it not, that Is the condemnation. One may know the events of the earthly life of Jesus, may speak with the tongues of men and of angels of the character of Christ and of God, but if he has nothing deeper he is a lost man and Christ is waiting to save him. This is man's monumental folly, supposing that he can have anything that he can call his own apart from the rela tion of sonshlp with the Father." CHITRCH AXD NATIONAL POLICY. Their Relations Discussed by Rev. J. R. T. Lathrop. At Grace Methodist Episcopal Church Rev. J. R. T. Lathrop, at the evening service, spoke upon the "Relation of the Church to Our Expanding National Pol Icy." He took as a text the words of Exodus xlx:5, "Now, therefore, if ye will obey my voice Indeed, and keep my cove nant, then e shall be a peculiar treasure unto me, above all people; lor all the earth Is mine." He said: "God deals with nations as he deals with Individuals, save that he deals with nations altogether in this world. The day of Judgment and the day of blessing is here, and now for the nation. Thus he dealt with Israel, his beloved. Thus will he deal with us. The condition of obedi ence, as herein enjoined, is the unalterable basis of his favor. "Outside of Israel, no people have ap parently enjoyed so much of the Divine favor as has the Anglo-Saxon in his dauntless struggle lor liberty and truth on the American Continent. The United States of America is the realized dream ot statesmen, who well-nigh despaired that it should ever come to pass. Those matchless . documents, the Constitution and the Declaration of Independence, are the products of the highest wisdom and the most intense anxiety of the centuries. Our history, from a political, mechanical or literary viewpoint. Is without parallel. We have come Irom a people who were no nation to the most influential under the sun. "God has lead us through five great wars, lour of which have been lor lib erty. Suddenly wo have become one of the colonial powers of the world, and find ourselves not only holding the keys to the Orient, but mistress of the mighty Pacific. Our opportunity is our jjitmmmjNh danger, lor it Is with the nations as with men, realization of power sometimes is their peril. Perhaps never in our history has there been a moment when sober de liberation has been more needed than now. This text sets forth the dellghtlul truth that it is possible lor a nation to get on the side of God. God Is committed to some things as he is not to others, and those matters to which he has committed himself the Nation should commit itself. "What are some of the things to which God is committed? I answer, he is com mitted to the principle of righteousness as revealed in his book Justice, mercy, loving kindness, purity In other words, to the keeping of his commandments. This is a bulwark to any nation. He Is committed to the work ol his Son, Jesus the Christ. In him God has always been delip-hted. Where is there such a spirit to emulate as in Jesus? God hath given the nations unto him. The second psalm contains a prophecy of his universal rule. This Nation has given reverence to Christ. It has In a very emphatic sense been a worshiping, and God-fearing Nation. Therein has rested its might. "The church has never had more weighty responsibility than now. She cannot settle questions of state, but many of her own questions are wrapped up with what the state shall do. The church must be broad In her sympathies, but tho state must be righteous in its policies. A glance backward reassures us how ur gent is the present call to the execution of all our treaties, and the inauguration of all our new methods, in the fear of God. He can easily set us aside and raise up another should we fail in our trust The church haB it as her peculiar duty to quicken the memory of the people, and Inspire them to large things for the spread of that truth which will make ,free any people. Liberty and law must go together. The gospel Is the creator and the con servator of true liberty. While the great statesmen are settling the disputed ques tion whether or not the Constitution fol lows the flas:, there can be no question that religion must follow the flag; and if any religion Is to follbw the flag, what form of religion has so good a right to accompany the glorious flag as that re ligion without which we had had no flag? "The church must not become political. She o-n-es it to the Nation to keep free from the state organically. There must remain in this land and in all our posses sions the separation ol the ohurch and state at the treasury point. Politico-es-cleslastical encroachments must not be tolerated among us. To this end, the church owes to the Nation, an open Bible, A people who cherish in their hearts and exalt among them the holy scriptures must continue to be rreat- The right of individual judgment in matters of re ligion must be ercouraged and upheld. The church should be foremoBt in inocu lating the new peoples with this healthful truth. A gitat people make their own choices in religious matters. Toleration We owe to all, and nowhere has this been &o beautifully illustrated as among us. The church owes to the Nation as never before a scholarly and manly pulpit. A pulpit unemDarrassed, and speaking in fullness and freeness to all the people of the mysteries and powers of religion. The church is put under tribute to make a wise and speedy use of the multifarious forces of our modern civilisation, in the wise use of which the power and influ ence of the church will be enhanced many fold. The secular press is one such agency, and the most influential among us. The modern magazine is another; modern bookmaklng is another; the lec ture platform is another. The new cen tury now upon us will find the church at the' forefront in the use of all these. It has been our belief that we were, as a Nation God's peculiar treasure, to remain such in these wondrous times. Not only does the whole commonwealth need to re new its allegiance to the God of our fath ers, but the church should see to it that an awakening to vital piety, to missionary endeavor, shall possess her, 'her light hav ing come and the glory of the Lord being risen upon her.' " WEAKNESS OF THE CHURCHES. Dr. Hill Points Out That the Masses Are Not Reached. Dr. E. P. Hill, of the First Presbyterian Ohurch, preached yesterday morning on the topic, "Weak Points in the Advanc ing Line of God's Host." As his text he chose, "An army with banners," Solomon vi:4. The speaker pictured the church as an army, and suggested that on the first Sunday of the century, rather than assum ing a confident air and saying "We will eat our Christmas dinner in Ladysmith," it might be well to look along the line and note some of the weak points. He said: "Lack of unity is a weak point, since Christendom is divided into multitudinous camps. Onewho seeks the church of Christ looks in consternation at the denomina tional entrances and wonders which one to take. The churches sometimes present the spectacle or street hawkers, shouting their wares and urging the pub lic to buy. Suppose the united church could move against an unbelieving world, what an Impressive sight it would present. It could have splendid hospitals to wit ness that It cared for suffering humanity" It could have asylums to witness that it Is Isterested in the babes and aged. It! could have its institutions of learning, In which to instruct youth in that wisdom whose beginning is the fear of God. Ifjjcl could move against vice and lawlessness L' ana mammon worsiup wiin resistless power. At the siege of Pekin neople off different creeds found themselves Inside? the legation inclosure looking out on sCf common enemy. Before Catholic and Protestant had looked angrily at each other. " But the day came when they realized that a? common peril confronted them, and that unless they stood shoulder to shoulder a sure and speedy death L awoIrM tnom TVi o Vs tiaa waxa A forgotten, and the imperiled prisoners sim ply remembered that they were brother men. And why cannot we of the different creeds, without surrendering a single, con viction, Join our forces against these dreadful loes which threaten the purity and material welfare of all our homes?" Dr. Hill also mentioned, among other weaknesses in the Christian army, the; lack of facilities for recruiting from the common people, speaking as follows: "In God's sight there are no common people. The man who drives a cart is as precious in the Divine sight as the one who rides In a. coach. But by the term common people we are accustomed to designate those who labor with their hands and live in humble homes. A charge Is frequently made against the churches that they are social clubs, that they cater to the well-to-do; that they follow the homes of affluence Irom the downtown districts as if their one object were to insure a large income from pew rents. If you were to attend a meeting of workingmen this afternoon and were to ask their leader what he thought of the churches, he would tell you that churches were lor the well-to-do, that the worklngman "was not welcome there, and that a wealthy church, which told a man with rough hands and plain clothes to go to a mission chapel was" not fit to exist, for It would cast out the Nazarene him sell If he were to appear. And do you know there would be more truth than blind inyective in such blunt words? "One of the moBt cautious thinkers of our day says that the workingmen of England have drifted into Infidelity be cause they were crowded out ol the churches, and then they sought to excuse themselves lor being there by railing against Christianity Itself. Who were the ones who thronged around the Master and listened most eagerly to his -words? They were the poor, who rejoiced to hear him say: 'Come unto me all ye that labor and are heavy laden, and I will give you rest. And il ever there is a time when men need the consolations ol the gospel It Is when disaster has come upon tnem or when they mu"st struggle with poverty. fc. r -f" -fYfri?" ' - But somehow we have arranged things so that they work In just the opposite way. Let me take you up and down our streets, where I have arone many a time, and let us ask why It is that this family and tnat are not attending the worship of God's house. The reply will come again, and again, until the heart Is made sick, "I can't afford It ' I can't pay for a pew, and I will not be treated as a pauper. We used to go, but financial disasters came and we have had to give up our seats in church.' As If religion were a theatrical performance, and the Iront rows had all been sold. "I once strayed Into a European ca thedral alter sundown, and when the great building was so dark that I could scarcely find my way toward the high altar, as I neared the place where a score of candles were piercing the shadows with their little spears of light, I almost stum bled over a figure kneeling close to a pil lar. A woman, evidently of the very low est class, was kneeling there, with clasped hands, pouring out her heart In prayer to God. It seemed just the place lor her. Perhaps she lived in a cold, dismal hovel, with a drunken brute of a husband, but there was a. place of reluge lor her in her Father's house. At any time she could slip into the ohurch and offer her prayers. She would not be asked to sit off in an undesirable place, as if she were there by the sufferance of others; but. while in social circles she had no claim to recog nition. In God's house she could kneel by the side of the noblest lady in all the land. My friends, this is an awful weak ness in the church of Christ, this un christian arrangement, by which the chil dren of poverty are driven from the doora ol tne Lord's house." EXTENT OF GAMBLING. Attention Called to the large Num ber ol "Resorts" In Town. PORTLAND, Jan. 6. (To the Editor.) Will you permit me another word on the gambling question? I have been waiting in hopes that some one moTe ca pable would take up the question and throw some new light on the situation. It is not my purpose In this communica tion to upbraid the city officials. For, until the citizens express themselves in some unmistakable way, we have no right to find fault with the administration. The officials have laid the blame at the doors of the taxpayers and business men of the city. They say that the people approve of the present open policy; that the people are in favor of gambling so long as it is done under police protection and brings to the city $2500 in fines; that the people are in favor of dancehalls and prostitution and other kindred evils be cause it takes these things to make a live town. Now, until the citizens repudiate these charges in some substantial way we have no right to enter complaint against the administration. It is true we elected these men to enforce our laws against all these evils. But they say the people do not want the laws enforced; that the people think it would bankrupt the city and drive business away from us If the laws were enforced. Now, I for one do not believe that the peoplo of this city are so degenerate r.nd So Godless as to be accessories to anv such policy. I am inclined to believe that the officials have been misinformed and that they havo estimated public sentiment by the expression of approval that has come to them from men who are indirectly In terested in the gambling business. There is no question but that such expressions have come to them. Men who own prop erty that Is being used for these illegiti mate purposes and men whose business Interests are at stake, are no doubt in lavor of the present policy. And they will not be slow In expressing them selves on the subject. But these men a,re in the minority. There are hundreds o'f men representing the largest business Interests of this city, men representing the 'leading professions, who are not in favor of the present policies. But these men for some unaccountable reason are slow to express themselves on the sub ject. It has occurred to me that possibly the people do not understand to what extent gambling is carried on In the city. Busi ness men In general do not have the opportunity for studying the conditions as they really exist, and for the benefit of any one who may be ignorant of the true state of affairs, I wish to submit the following facts: There are In use today in the City of Portland 110 slot machines in cigar stores, barber shops, fruit stands and other places, to say nothing of many machines operated in saloons, out of sight of the public. These are the places where young men and boys learn to gamble. Here they stop on their way to and from the school, the office and the store and deposit their nickels and creafe tho maddening passion to gamble. But this is only what we see upon the surface: to know the whole story one must get Inside the gilded palaces. Last Saturday night, In company with a Y. M. C. A. secretary and an ex policeman, I visited six of the leading gambling-houses of the city between the hours of 9 and 10 o'clock. In these six places we saw not less than 700 men and hoys, gambling or watching the games. Wo were told that the hour was too early to see the games running at full blast. These games are open to the public. No tices are up everywhere in the saloons the clubrooms upstairs. Everywhere orefe the moral social and political world notices such as these: "This game nev closes," "These games run on Sunday. Gambling uDstalrs." etc. J. r T In saM that Tin hnr nrn nlTrvwpfl ithese places, but in every one ol them wci "saw boys of tender years. Some of them e recognized as boys from some of the best homes of Portland. In one placo alone wo saw 18 boys, all under 21 years five of them gambling at one table. Many country boys were among the crowd boys who have been sent to the city by -kind, Indulgent parents to get an educa tion or to work in our shops and stores. Now, these statements are true. But the whole truth is not here revealed. Now, the question Is, How long will the citizens of this city tolerate this business? Remember, this business Is being carried on by the city, under our present policy. The money Is being used for municipaf purposes, and every person who holds his peace on the subject is responsible for It, because tho authorities say: "When the people demand that gambling, and vloe be suppressed, we will do it "' J. E SNYDER. 7 Our Soldier in China. ' A. St. Louis Globe-Democrat. Complaint comes from Pekln of the con duct of French soldiers sent against the Chinese. A charge similar to this was made weeks ago, and some correspond ents went so far as to Intimate that other foreign trooas were no better than the French. Letters from China, however, show that, while the Americans fought well when there was flghtlng to do, they have not engaged In any ol the so-called battles since the occupation ol Pekln, and that the Russian, German, British and Japanese contingents have each held to the standards and traditions of their coun try and have not indulged in needless slaughter. Against the French, however, the charge of cruelty Is repeated, and ap parently with perfect truth. It must be gratifying to Americans to know that, while charges have been made against all European troops in China, no complaint Is made against the Americans. In fact, the Chinese authorities have compliment ed the Americans lor their good conduct and lor their efficiency In maintaining or der without resorting to cruel measures. Even the most captious correspondents admit that the part of Pekin under the control of the Americans is the best man aged In the city. While the Chinese are fleeing in terror from the French, they are coming to the Americans confident ol protection and of lair treatment. Hood's Sarsapafllla Is not a cure-all; but it cures all blood diseases. Take no substitute. t-ai:nii iiMikxiiskMiJiiji, SCIENCE AND. RELIGION MEETING OF THE LEAGUE "WHICH AIMS TO UNITE THEM. When There Is Loyalty to. Right Liv ing Life Will Be a Holiness, Says D. Soils Cohen. The Young People's Science-Religion League, which was recently organized, held its first meeting in, Artisan Hall yesterday alternoon. Its object is to unite science and religion by showing that every scientific lact has spiritual founda tlon, and every spiritual lact, scientific foundation. In calling the meeting to or der President J. A. Lucas said the league stood not only for the union of science and religion, but lor the unity of the race in the practical application ol good will to "all, regardless ol creed, sex or social condition. D. Soils Cohen addressed the league on 'The Unity ol Scientific and Religious Truths." He said: "There can be no conflict between truths. Establish one truth and we si multaneously establish its concord with all truth dlcovered and all that Is yet to be unfolded. The truth 19 not always as a sunburst, attracting by Its radiance and shining afar as a guiding light to all who wonder within its universal scope. Fre quently like the unpolished brilliant it la but through the earnest manner in which we rub our own souls against It that Its eternal light shines upon us. We should approach truth with humility, yet with the highest courage that humility which springs from the knowledge that humanity is so fat Irom truth, and the courage which springs from the certainty which this very humility teaches us, that when we havo seen and accepted It we are masters of the ages we shall have grasped the ladder whose'rounds are lost in the infinite; wo shall have begun the ascent. "Let us not search the infinite lor a heaven which exists only by virtue ol a hell, nor seek within that hell lor tor tured villains who were not born 'elect.' damned Infants, damned heathens, damned everything that Is not Just like us. Save us from the unlovely state ol damn, damn, damn! 'The new century holds all the secrets and mysteries which the past has not dis covered. It is as ready to yield as Its predecessors, no more, no less, and to the same Influences. Wondrous must be its developments, continuous its evolution. Who can look tack upon the past cen turies, spiritually, and deny that the world Is in a process ol evolution; it and all its creatures an evolution toward per lectlon in. both lorm and spirit, as both must move together? And wherein does this beliel conflict with any spiritual or scientific truth which the world pos sesses? Lite Is motion, and if it were not progress toward betterment, it would have reacted towards chaos ere this. If It Is a progress towards betterment spiritual ly, that means physically as well, and I see nothing strange or revolting in the gradual evolution ol creatures Into higher and nobler forms, as we truly hope the spiritual is ever progressing Into higher and nobler understanding. II the con sciousness of tho baboon can gradually aspire and Teveal the consciousness ol the human, as generation after generation improves, why cannot the physical also advance In concert? We can look at some noble specimens of manhood today and say to the monkey and baboon family: 'Harmv are ve that it is possible that your descendants may yet develop Into this.' And we can look at some other specimens of present humanity and say to the same baboons: "Poor unfortunates, how we pity you, lor you may be doomed to evo lute into this.' "So stand we upon the threshold ol the 20th century ol the current era, the lat est moment of that continuous time which in our present thought need not be divid ed by arbitrary measure. In our immedi ate locality the century opens with great promise in the line of thoughts you or ganize to pursue. The heart almost fails to hope lor its fulfillment. The repre sentatives ol varying creeds and dogmas of religion have solemnly assembled and expressed a common purpose In Its unity ol spirituality. II they are sincere In these expressions, and 11 they can en dow their congregants with the spirit they pofessed, then Indeed have we en tered upon a course which will lead, through harmonizing the purposes of man's scientific life with those ol his spiritual lite, to convictions which those who love peace and virtue desire. When, dogmatic religion ceases its wrangling over differences and unites honestly upon a common platform lor right and godli ness, the era of true religion, which Is absolute morality, Is instituted. Reform, automatic, as It must be, will come from within, not from without. The beauty ol truth, apparent in daily life and associa tion. Is far more potent than the threats and punishments of law. Falsehood, ma lignity, self-seeking, exaggeration and the effervescence of sentimentality ac complish nothing ol permanent value. The purposeful crowning of right living as the king of daily life, and honest loyalty thereto as superior to creed and dogma, can accomplish all things. When that is made the universal standard by which men and women are judged alike, and vybich justly, in itself, fixes their worth rallnslse being deemed and treated as ex traneous, then there is hope lor the gen rallort to lollow, In a new atmosphere in .which vice simply cannot live. It will ot be necessary to club it. It will l aspnyxiaie liseu. j rWhile churchly matr6ns smile on vi cious men, ana iurn ineir Dacus on sin ning women; while they place the arms of Innocent daughters on the shoulders Of men who have led to ruin the sister women they scorn; while church pews are like the fixtures of the dry goods store to display the style and richness of garments lemlnine, offering cold in vitation to the cotton gown; while en rollment in church membership gives the gentleman in broadcloth tho right to drink and gamble to his heart's content in his exclusive social club; while the poor devil In overalls who does the same thing, In his sphere, is an outcast in the pulpit's fulmtnatlons; while pulpits glory in self consciousness, not lost, absorbed, preach ing in the inspiration of eternal truth, the endowment to do which should be jJie needful claim a man should have to enter khe pulpit; Just so long will the harmony Of the world be disturbed. Change tnis, and rend"- earnest loyalty to the reign of right living, though we may doubt and only hope, life will be a holiness and its end an aspiration." Next Sunday J. A. Lesourd will open the meeting with a paper on an interest ing scientific subject. Survival of Savagery. New York Evening Post. The hazing at West Point and Annap olis is but a survival ol practices once customary at civilian colleges throughout the country. In these the graduate pub lic opinion did much to create a proper spirit among the undergraduates and to end the evil practices. If the West Point graduates are so much scattered to the lour points ol the compass and so hinder ed by military discipline as to render it very difficult to impress their views upon the students ol the Academy, the emer gency and the public shame call lor extra ordinary efforts. Officers in Luzon who can contribute thousands of dollars out of their modest pay to support football teams which they are certain not to see. can surely find still better ways of be ing ol service to their alma mater. Others besides cadets can, for Instance, play at the game of 'social ostracism, and in a profession where men are so peculiarly dependent upon each other's society it Is more often than not an extremely ef fectlve one. The cadet who explains his black eyes or broken ribs by the state ment that "he tell in a bath tub," or who fails to explain them, should speedily feel that he has only the contempt of his better-minded associates and superiors. iA. It.. That an enlightened public opinion, as well as the parents of the students con cerned, will support the authorities and graduates in reform efforts there can be no doubt. G. A. R. OF OREGON. Assistant Adjutant-General' Report Shows Over 1SOO Members. John E. Mayo, assistant adjutant-general for the department of Oregon, G. A. R., has completed his report to the adjutant-general. It covers the past six months, and Includes a lull showing o membership and financial standing of ev ery G. A. R. Post in Oregon. In the Ore gon department there are 60 posts In prosperous condition. Their membership grades up from five, tho smaller posts being in out-of-way places, where a lew survivors of the war have gathered. The membership is a little over 1S00. During the past half year there has been an in crease over the preceding six months, and Mr. Mayo says the posts throughout the state are generally in better condition than at the opening of 1900. Tho greatest increase is reported by the Oregon City Post. At Oregon City there was some trouble which threatened to disrupt the organization, but the members took hold and rolled up a membership of about So. Pleasant Home Post Is probably one of the most prosperous posts for its size. , It has 12 members. It has a two-story building paid lor. The joint Installation ol the officers of Sumner Post, Np. 12. and Sumner Relief Corps, No. 2L G. A. R., took place at the Odd Fellows' Hall, Grand avenue and East Pine street, Saturday night. It was fol lowed by a banquet. Officers of the Re lief Corps were installed by Mrs. Mary S. Older, as follows: President. Mrs. Ella McGowan; senior vice-president, Mary Randall: Junior vice-president, Mary Run yon; treasurer, Jennie Pritchard; secre tary, Mary S. Older; chaplain, Hannah Osborn; conductor, Myrtle Bates; guard, Jennie Packer; assistant conductor, Lil lian Griffith; assistant guard, Cora Mc Bride; first color-bearer. Mrs. F. M. Sar gent; scond, Emma Tomllnson; third, Mrs. Cross; fourth, Mrs. Gunlach. George W. Hartmus then Installed the following officers of Sumner Post: Post commander, A. D. Sharno; senior vice commander, M. T. Runyon; Junior vice commander, J. A. Newell: surgeon, J. W. Ogilbee; officer of the day, A. C. Ed munds; chaplain. C. W. Tracy; officer of the guard, Adam Faulk. John E. Mayo installed the following officers of Ben Butler Post, No. B7, at Sunnyslde, Saturday night: Post com mander, J. H. Heustls; senior vice-commander, William WIckllne; Junior vice commander, Francis Coleman; adjutant. George H. Luke; quartermaster, William E. Yates; surgeon, William Chambers; officer of the day, Henry Rlgley; officer of the guard, J. N. Fowler. Coming Golf Contests. Saturday's contests on the Waverfy Club links were postponed, although the afternoon turned out pleasant and quite a number of members were out playing. The Ladd cup contest stands for Wed nesday, and next Saturday the mixed foursomes will be held, with the singles lollowing one week later. C. Hunt Lewis has donated a silver cup to be played for by the men, and the first monthly com petition will take place on aaturaay. Jan uary 19, the best wo players to quality. The finals are to be held In May.- Mortality Rate in Coos Connty. MARSHFIELD, Or., Jan. 3. (To the Editor.) In my Coos County article in the annual number ol The Oregonian the mortality rate should have been, nine tenths ol 1 per cent in place of 9 per cent. EVERETT MINOUS. Persons suffering from sick headache, dizziness, nausea, constipation, pain in the side, are asked to try one vial of Carter's Little Liver Pills, Van Camp's Soups, lOo. It is a wonderful soap that takes hold quick and does no harm. No harm I It leaves the skin soft like a baby's; no alkali in it, nothing but soap. The harm is done by alkali. Still more harm is done by not washing. So, bad soap is better than none. What is bad soap? Im perfectly made; the fat and alkali not well bal anced or not combined. What is good soap? Pears'. All sorts of stores sell it, especially druggists; sal sorts of people use it. Nervous? Irritable? Weak? Blue? Worn out? Suffering from, rheumatic affections, varicocele, drains, lmpoten cy, etc. Do You Wish to Be Well? Strong? Vigorous? Full ot life and nerve force? Rid of your pres ent ailments? Then use my Br. San den Electric Belt applied under my directions and you will have cause to praise the day you flrsj tried It. Con sultation free. Write for my free book lets. DR. A. T. SANDEN S. W. Cer. Morrison and Fourth &lxtts Portland, Or. HAIR WOX'T FALL OBT If Yon Kill the Dandruff Germs "WltU the New Treatment John N. Fuller, a well-known citizen ot Colfax, Wash., says: "I had dandruff so badly that it caked on my scalp. Her plcide completely cured me." George H. McWhlrk, ol Walla Walla, Wash., says: "Herpiclde completely cured me ol a bad case ol dandruff of SO years standing." They took the only really sensible treat ment, a remedy that destroys the dan druff germ Newbro's Herpiclde. Stop dandruff, hair won't fall out. but will grow naturally, luxuriantly. Allays Itch ing Instantly and makes hair glossy and soft as silk. At druggists. One bottle will convince any doubter ot Its merits. ituiM. i L .-" t-J-2.J -J.. P AreYouJII