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About Morning Oregonian. (Portland, Or.) 1861-1937 | View This Issue
VOL. XLL NO. 12,604
PORTLAND, OREGON, 'MONDAY, MAY 6, 1901.
PRICE FIVE CENTS.
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Astm. Oresos, "WasfclHKtoH, Idaho,
20-26 NORTH FIRST ST.
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Jlf if t5 B
GOOD FROM END TO END.
THE BEST NICKEL CIGAR
ON THE MARKET
BlUMAUMANK DRUG CO.
Spent in EI Paso, the Gate
way to Mexico.
NO FORMAL DEMONSTRATION
President Diaz, Unable to Meet Ex
ecutive, Sent a Delegation and a
Cordial Message McKinley Re
sponded in Iiike Vein.
dud about 100 citizens of Ohio to San
Francisco for the launching of the battle-"
ship Ohio, passed through Kansas City
soon after noon today. Religious services
were held on board the train at 11 o'clock.
As there were many good singers in the
party, .the music was quite a feature,
mingling with the buzz of the train,
which was making almost a mile a minute.
The train was on schedule time, and all
WILL REDUCE ARMY
40,000 Men in Philippines.
J JL jl
"STRONGEST IN THE WORLD?'
L SAMUEL, Manager 306 Oregqnbn- Building, PORTLAND, OREGON
Vfr terJ &ro-
I WMfm I
1 ? pmi
.. Priori eura Ob
& tw, .iAtfKV.-.th
v" - -
AND BOTTLE WHITE'S
REGULAR PRICE 50c
AH good high-grade stock at speciak prices'. See our
Atomizers, first quality, for throat and nose. Two hard
32? & c.omlnu.ou!.sp:ay: . .Rcg: Special" 47c
ALPHA "D" SYRINGES
Continuous flow, collapsible pipe preventing the injection
of air, five hard rubber tips, non- c.i e-t oq
corrosive. Regular $1.85 opeCiai laZi
VICTORIA RAPID-FLOW FOUNTAIN SYRINGES
Special, Two Quart A . . . H2,C
Three Quart 98C
Saleswoman always in attendance in our Rubber Department.
TAKEN AT FULL
WOGDARD, CLARKE & CO.
Popular Price Druggists. Furth and Washington Sis.
PHIL METSCHAX, Pres.
C. W..KNOWLES, Mgrr.
SEVENTH AND WASHINGTON STREETS, PORTLAND, OREGON.
CHANGE OP MANAGEMENT.
$1.00, $1.50, $2.00 per Day
Foley Hot Medical Springs
OREGON'S SUPREME HEALTH RESORT.
For Analysis of Water, Rates, etc, Address
A. A. HAFLENGER,
Temperature of Water, 18S deer. Foley Springs, Or.
EL PASO, Tex., May 5. The Presiden
tial party reached EI Paso, the gateway to
Mexico, at 9 o'clock this morning-, and
will remain here until noon tomorrow.
President Diaz, of Mexico, had hoped to
meet the President here, and shake hands
with him across the border, but, as the
Mexican Congress Is in session, he could
not leave the capital. He sent a personal
message to the President, however, and
also dispatched Don Juan Hernandez,
Commander of the Second Military Zone,
of the State of Chihuahua, personally to
present his good wishes to the Chief Mag
istrate of the United States. Governor
Miguel Ahumada, of Chihuahua, the most
northerly state of Mexico, also traveled
to jsi .Paso to pay his respects, and three
distinguished Mexican officials, accompa
nied by General Hernandez and staff, in
full uniform, were received by the Pres
ident in his car at the station. After ex
changing felicitations, the President re
quested General Hernandez' to convey to
President Diaz his personal good wishes
for the health and happiness of President
Diaz, and for a continuation of the cor
dial relations at present existing between
the two countries. President Diaz's mes
sage was as follows:
"City of Mexico, May 5, 1901. To the
President of the United States of Amer
ica, El Paso, Tex.: When you arrive this
day at the frontier of Mexico, I wish I
might shake hands with you, but I send
you as cordial a salute as corresponds
with the cordial relations which exist be
tween the two republics of North Amer
ica. I also send General Hernandez to
express to you the same feelings.
To this the President sent the following
"El Paso, Tex., May 5, 190L To His
Excellency, General Porflno Diaz, Presi
dent of the Republic of Mexico, City of
Mexico, Mex.: It gives me great pleasure
to reciprocate the courteous greeting of
your excellency, and to express my most
cordial good wishes for your health and
happiness, and for the continued prosper
ity of the Mexican Republic, to which
we are bound by so many ties of mutua'
interest and friendship
If being Sunday, the President had re
quested the local committee liere Hot t'o
arrange any programme for the day. His
wishes were respected, ,and the military
parade and official exercises were post
poned until tomorrow. The President and
Mrs. McKinley and the members of the
Cabinet attended the Stanton-Street Meth
odist Church in the morning, and in the
afternoon some of the party went out for
a drive. After dark tonight the Mexican
band, which had been brought from the
City of Mexico, by General Hernandez",
serenaded the President and Mrs. McKin
ley at the train.' No horns or drums
were used, and the soft, languorous Span
ish airs strummed on guitars and mando
lins in the cool of the evening were thor
While It was a comparatively quiet day
in El Paso, notwithstanding the large
number of strangers In town, it was oth
erwise in the Mexican City of Juarez,
just across .the Rio Grande. May 5 is the
anniversary of the defeat of the French
invaders at Pueblo, and is celebrated as
our Fourth of July is in the United States.
The Mexicans are not Puritanical in their
observance of the Sabbath. Indeed, Sun
day Is always a fete day with them. To
day the great feature of the celebration
was a Spanish bull fight. A famous mata
dor had come to Juarez from the City of
Mexico for the occasion. Bull-flghtlng is
the national sport in Mexico, as in Spain,
and General Hernandez and the Governor
of- Chihuahua occupied a box overlooking
the ring. The fight proved to be more
than usually bloody and brutal. The net
casualties were four bulls dispatched, one
horse killed, two picadors unhorsed and
one toreador severely, but not fatally,
wounded, as he was helped over the fence
surrounding the arena by a maddened
Tomorrow Governor Murphy, of Arizona,
and his staff will participate in the formal
greetings. One of the features of the pro
gramme tomorrow Is to be a Mexican
breakfast, with the typical Spanish dishes,
for the ladies of the party.
Comment oMeHdoB Pnjcr.
LONDON, MayG. Commenting editor
ially upon the "exceptional circumstances
of President McKInley's tour" and its
party objects," ihe Times refers to his
"use of language at New Orleans, which,
in a liberal sense, might be adopted with
acclamation by the Cobden Club," and
"If by seven weeks of unremitting toll
he can obtain any'icceptance for these
principles among the 'American people,
he" will be able to, look baca- upon them
as the best-spent 'weeks of his political
life." , Jr
Territory In Lieu of Money Indem
nity Means Partition 'of Empire.
NEW YORK, May k Minister E. H.
Conger, who has lately returned to this
country, furnishes an article on the Chi
nese situation which will appear In the
coming number of Leslie's Weekly. Mr.
"Unless matters have changed very ma
terially since I left China six weeks
ago, the powers will reach some conclu
sion In regard to China very soon. Of
course, it Is difficult for 11 men to agree
on anything, especially when they have
11 governments with: differing views be
hind them. China is perfectly willing to
do anything that the powers agree upon
that Is, anything within her ability to
accomplish. She Is only too anxious to
expedite these matters, and settle down
to peaceful pursuits again. Of course,
the powers must not demand an Indem
nity which China will be physically un
able to raise. It is not certain that,
finally, some nation may not demand
territory of China In lieu of a money in
demnity. It Is perfectly certain that if
any nation does moke this demand, the
partition of China will follow, and this
-will Inevitably cause much dissension
between the powers. These difficulties
and disputes would be long In the set
tling, and would lead to terrible confu
sion In China. '
"Russia has so far mitigated her de
mands that there is now not much dan
ger of serious difficulty between her and
Japan. Personally, I am very much in
favor of the continued existence of Chlna
as an empire, governed by her own Em
peror. It will save us, and the rest of
the world, lots of trouble if the integ
rity of the empire is maintained.
"As far as the punishment of Chinese
officials goes, China has already done all
that she can. Something out of the or
dinary had to be demanded by the pow
ers, for it takes a good deal of punish
ment to Impress this people, and theirs
was no ordinary offense. In some cases
the officials whose punishment was de
manded were more jfowerful Jthan, the
governmilt, ' and tfienT of' course,' tKe
puhlshment could not be enforced. Ex
cept in these cases, everything was done
a3-the powers demanded.
"At home I understand that I was
thought bloodthirsty, but in China I was
the most lenient of the Ministers, except
one. We knew the conditions better than
those who were not there could possibly
know them. Drastic measures were de
manded, but I do not think we were cruel.
What would seem a severe punishment
to us at home .would not impress the
Chinese at all, for the reason that they
Indulge In so many cruel and unusual
punishments. The reports of cruelty on
the part of the soldiers have been' gross
ly exaggerated, though I am sure that
there was plenty of brutality on the part
of the Individual soldiers. As an army,
the allies were exceedingly well-behaved.
Nor were the stories of unrestricted lootA
Ing true. In Pekln the soldiers took what
they needed, of course, just as we would
have seized anything that we needed
while we were caged up In the compound
had we been able to fasten upon any
thing that would help us to withstand
the siege. As for the stories of mission
ary looting, they are undlsgulsedly false.
The missionaries did not loot."
VOLUNTEERS WILL LEAVE FIRST
They Should All be Array by the
End -of Jane- Conditions Coa-
tlnae to3prove, tne .Farce
WASHINGTON, May E, After a care-
iui consideration of the .situation, the
administration has decided to reduce the
of three bands, which, at the beginning
of the year, were menacing the peace of
Manchuria, .two have been annihilated,
according to the Russky Invalid, and the
third, after sustaining a. number of de
feats, 'is now being pursued by the Rus
CONDITIONS IN COLOMBIA.
Revolution Has Degenerated Into
KINGSTON, Jamaica, May 5. Claude
C. Mallet, the British Consul at Panama,
arrived here today on the steamer Atro,
on his way to England. Mr. Mallet was
Interviewed by the representative of the
Associated Press on conditions In Co
lombia, and said the revolution there had
degenerated Into guerrilla warfare, and
that the strength of the rebels was not
known. One week, perhaps 5000 men are
in the field, while the next week there
will be fauF 1000, as the rebels are In the
habltf of returning to their homes In, or
der to gather supplies, and the follow
ing week they are out In full force again.
The Colombian Government has taken
the most strict precautions to guard the
more Important towns of the country.
especially Panama, which is considered
army in the Philippines to 40,000. The i to be perfectly safe. Inr spite of tho
;; BENEFACTORS OF OREGON. ;
m NOT BE VALID
Washington Supreme Court
in Serious Complication,
RIGHT TO OFFICE ATTACKED
Legislature Contemplated That Re
cent Increase Should Be Tempo
ary, but Constitutionality- of
Provision Is Questioned-
SUMMARY OF IMPORTANT NEWS.
CLEAR HAVANA KEY WEST CIGAR
LEADS THEM ALL
BIumauer&Hoch, 108-110 Fourth St.
Gypsies Poisoned Wells.
LONDON, May 5. The Dally Mall pub
lishes the following telegram from VI- X races today the Poulepour Poullches re-
"A band of Gypsies, In revenge for their
previous capture by gendarmes, poisoned
the wells In the -village of Kapollya, Hun
gary, with the result that 15 persons have
died of jwlsonlng. Several of the Gypsies
have been arrested."
-To Buy Guns for Cabal.
LONDON, May 6. According to a. dis.
patch to the Dally Mall, the Ameer of Af
ghanistan has st'nt an agent to Germany
to purchase sir batteries of Krupp guns
Races In Paris.
May 5. At the Ixmgchamps
suited in a victory for M. AbelU's Xa.
Carmargo. Kaff. ridden by BIgby, the
American jockey, was second and Dido
third. Eleven horses ran. The Prix Pour
Pourlalnes was won by Cheri, with Fan
tassln second and Baron de Rothschild's
SAN FRANCISCO READY.
Now A-wnlts Coming of Presidential
and Ohio Parties.
SAN FRANCISCO, May 5. All prepara
tions for the reception and entertainment
of President McKinley and Governor
Nash, of Ohio, with their respective par
ties, while In California, have been com
pleted. A programme consisting of re
ceptions and side trips to points of pe
dal Interest has been arranged on such
an extensive scale that it begins to look
as though It will be Impossible for the
President to get to all the places at the
time scheduled for the functions. Gov
ernor Gage and his reception committee,
accompanied by United States Senator
Bard and the seven California. Congress
men, will leave tomorrow night for Red
lands, Cal., where the Presidential train
will arrive Wednesday morning.
General James M. Gleaves, president of
the Ohio Society, and William S. Jordan,
vice-president, left tonight over the Santa
Fe for Needles, where they will meet
Governor Nash and his party and welcome
McKinley "Will Not Receive Krager.
LONDON. May 6. The Geneva corre
spondent of the Dally Mall asserts that
President McKinley has informed" Mr.
KniS'"- t' at h rnrot receive hinTelther
officially or unofficially.
MRS. M'KINLEY CHOSEN.
Given the Honor of Launching the
SAN FRANCISCO. May 5. The much
discussed question as to whom -would fall
the honor of launching the battle-ship
Ohio has been settled by the announce
ment that this function will be performed
by Mrs. William McKinley. After the
simple ceremonies preceding the event,
consisting of short addresses by President
McKinley, Governor Nash and Irving M.
Scott, Mrs. McKinley will press the but
ton. nd(the released .ax will sever the
rope just at the turn of the tide, at 12:26
P. M. Just as Mrs. Mciuniey toucnes
the button.- Miss. Helen Deshler. of Co
lumbus, will break the bottle of Califor
nia wine over the bow and give the new
fighting machine the name of Ohio.
Sunday "With' Ohio Party.
KANSAS CTT. Mo., Miy 5. The Ohio
( special, bearing Governor Nash and staff
China suggests to powera opening of Man
churia to all countries. Paga 6.
Famine forced court to leave SInan Fu.
Revolution- In Colombia has degenerated Into
guerrilla warfare. Page 1.
Wholesale arrests result from revolutionary
movement In Russia. Page 6.
Force of soldiers will be reduced to, 40,000.
If Improvement continues, still further reduc
tion may be made. 'Page 1.
Portland baseball team defeated Spokane, 11-3,
Seattle won from Tacoma, 13-11. Page 2.
President McKinley spent a quiet day at El
Paso. Page 1.
He exchanged felicitations with President Diaz
and received delegations from Mexico.
Relief trains reach Jacksonville, and many
homeless were fed. Page 2.
Seven people burned to death In Chicago fire.
Serious Question arises relative to validity of
law Increasing membership of "Washington
.Supreme Court. Page J.
George Hazzard. the Tacoma politician, starts
a boom for David B. Hill, which the latter
nips In the bud. Page 3.
Senator Booth points out merits of Oregon
property-redemption law. Page 3.
May be that Oreson Land Board can be held
for shortage of ex-Clerk George "W. Davis.
Track meet between University of Oregon and
University of California at Eugene today.
Portland and Vicinity.
Portland, Nehalem & Tillamook Hallway pro
poses to build 43 miles .of road this year.
Necessity for drydock explained by grain ex
porters and Captain Georee Pope. Page 5.
Decision Of United ptates Supreme Court In a
St Louis case has bearing on Portland
method of assessing for street Improve
ments. Page 10.
Charles M. Harvey, editor of St. Louis. Globe
Democrat, pledges support to. Lewis and
Clark centennial. Page 5.
Fontellas win first game of the amateur league
series. Page 10.
Early morning fire drill demonstrates the
competency of Portland firemen. -Page 8.
Jewelers -take steps to organize- a social and
beneflclaL body. Page 10.
Oregon commissioners to Presbyterian general
assembly will leave today for Philadelphia.
St. Mark's Episcopal Church free from debt.
Fund of SX1,15ft asksd fromVPre'byterians of
Portland eonipleud yesterday. Page 10.
, ., ' One "nanje-that of Thomas, Jefferson-stands out prominently In the - history
" of-' Oregon. The' purchase of Louisiana and the- sending of the -Lewis and Clark
expedition to the Pacific Ocean via the Columbia-River vwere happy results of
',Jefferson'a tact and promptitude. Both of these great events will be commemo
rated Jwithin the next four years the Louisiana purchase by an exposition at St.
' Louis In 1003, and the Lewis and Clark expedition by an exposition at Portland
in 1005. Jefferson was the pioneer in American expansion. Floyd, Benton, Linn
and a host of others who asserted the title of the Uni'fed States to Oregon,
builded upon the foundation which Jefferson laid. Of Jefferson's work for
Oregon, and the opening of commercial communication with Asia via the Pa
cific Ocean, Benton says. In his "Thirty Tears' View": That man of large and
useful ideas, that statesman, who could conceive measures useful to all man
kind, and in all time 'to come, was the first to propose that commercial com
munication, and may also be considered the first discoverer of the Columbia
River. His philosophic mind told him that where a snow-clad mountain, like
that of the Rocky Mountains, shed the waters on one side, which collected into
such a river as the Missouri, there must be a corresponding shedding and col
lection of waters on the other: and thus he was perfectly assured of the exist
ence of a river where the Columbia has since been found to be. although no
navigator had seen Its mouth and no explorer trod Its banks. His conviction
was complete; but the ld"ea was too grand and useful to bo permitted to rest
in speculation. He was 'then (1788) Minister to France, and the famous trav
eler, Ledyard. having arrived at Paris on his expedition- of discovery to the
Nile, was prevailed upon by Mr. Jefferson to enter upon a fresher and more use
ful field of discovery. He proposed to him to change his theater from the Old
to the New "World, and, proceeding to St. Petersburg upon a passport he would
obtain for him, he should there .obtain permission from the Empress Catherine
to traverse her dominions in a high northern latitude to their eastern extrem
itycross the sea from JCamschatka, or at Behring's Straits, and, descending
the northwest coast of America, -come down upon the river which must head
opposite the head of the Missouri River, ascend It to Its source In the Rocky
Mountains, and then follow the Missouri to the French settlements on the Upper
Mississippi; and thence home. It was a masrnlflcent and daring project of dis
covery,, and on that account the more captivating to the ardent spirit of Led
yard. He undertook it, went to St. Petersburg, received the permission of the
Empress, and had arrived In Siberia, when he was overtaken (February 14,
17S8,) by a revocation of the permission, and conducted as a spy out of the
country. He then returned to Paris, and resumed his original design of that
exploration of the Nile to Its sources, which terminated In his premature death
and deprived the world of a young and adventurous explorer, from whose ardor,
courage, perseverance and genius, sreat and useful results were to have been
expected. Mr. Jefferson 'was balked In that, hl3 first attempt, to establish the
existence of the Columbia River. But a time was coming for him to undertake
It under better auspices. He became President of the United States, and In
that character projected the expedition of Lewis and Clark, obtained the sanc
tion of Congress, and sent them forth to discover the head and course of the
river, whose mouth was then known, for the double purpose of opening an in
land commercial communication with Asia, and enlarging the boundaries of
geographical science. The commercial object was placed first In hi3 message
and as the object to legitimate tho expedition."
oplnlon prevails here that this number
will be arnple for the.present needs of
the servicer In the islands, and if condi
tions continue to Improve in the satis
factory manner that has been shown in
the past few months, the force may be
reduced still further. The expectation of
the War Department Is that all of the
volunteers now In the Philippines will
have left the islands by the end of June,
leaving only the regulars on duty there.
Following the departure of volunteers
will come the regulars, who were sent
to Manila In 1S98. just after the outbreak
of hostilities, and their movement home
will continue until the force Is reduced
to approximately 40,000 men
CUBANS AT HAVANA.
Commission Reaches Understanding;
Will Draw Up Report Today.
HAVANA, May 5. The special com
mission which went to Washington ar
rived here today. They were met by a
delegation of Cubans and Lieutenant
Scott, representing' the military govern
ment. The commission held several con
ferences during the trip and an under
standing was reached. Another meeting
will be held tomorrow, when the report
of the committee will be drawn up, and
a call published for a conference with
the other delegates.
Russian Operations in , Manchuria.
ST. PETERSBURG. May 5. The Russky
Invalid published details of the recent op
erations in Manchuria. It appears that
the North Manchurlan division, under
General Zerlpltzky, fought over 20 en
gagements, losing altogether 24 men killed
and seven officers and 61 wounded, two
officers having died of th"lr wounds. A
quantity of guns and rifles were captured.
The tolal Tesult of the opraU'o-:s Is that
strong garrisons, however, the rebels oc
casionally manage to get near enough
to the town to Inflict damage by sniping.
No organized attack has been made dur
ing the past two months.
The country Is altogether unsettled in
consequence of the continuation of the
struggle. Business is paralyzed, as the
merchants are afraid to trade under the
present conditions. Exchange on London
is at 130, and on New York it Is 140. The
people in the interior of the country are
suffering from the trade stagnation. The
Colombian Government officials, conclud
ed Mr. Mallet, are exercising very strong
precautions In order to prevent news af
fecting themselves from leaking out of
Advices from other sources report
heavy fighting last week in the Interior
near Squavlnilla and Barlnqullla. The
rebels repulsed an attack of the govern
ment forces, with heavy losses on both
Smallpox on Oeean Liners.
NEW YORK, May 5. The ocean liners
arriving of late are averaging 1000 Im
migrants each, and the health officers of
the port are kept busy. Steerage pas
sengers with sore eyes were rejected Sat
urday, as a case of smallpox was dis
covered on a German steamer. The pa
tient was sent to the pesthouse, and over
100 passengers were removed from the
vessel to Hoffman Island. A steamer
from Marseilles today had three cases of
smallpox among her 1173 steerage pas
sengers. They were also sent to the
Voted to Amend Constitution.
NEW YORK, , May 5. A special con
vention of the United States Grand Lodge
Independent Sons of Benjamin, held to
day In this city, unanimously voted t
amend the constitution of the order t
allow the wives to become members.
OLYMPIA, May 5. A remarkable con
stltutlonal question may arise in
this state in the near future as
the result of one of the acts of tha
last Legislature. In order to relieve the
congested condition of the Supreme Court
calendar, the Legislature passed a law
increasing the membership of the bench.
of the highest court In the state from
five ,to seven members, and In. accord
ance' with the provisions of the act. Gov
ernor Rogers appointed Judge W. H
White, of Seattle, and Judge Hiram E.
Hadley, of Whatcom, to the positions
created, the former being a Democrat
and the latter a Republican. The ques
tion that may, and. It now appears, is like
ly to arise, concerns the power of the
Legislature over the judiciary as affected
by the bill referred to. The act In ques
tion is substantially as follows:
Section L The Supreme Court of tho
State of Washington, from and after the
passage of this act. up and to tho first
Tuesday after the first Monday In October,
1902, shall consist of seven Judges. Pro
vided, that after the first Tuesday after
the first Monday in October. 1002, said
Supreme Court shall consist only of five
Sec 2. The Governor is hereby author
ized to appoint one from each of the domi
nant political parties the two additional
Judges provided for by section 1 of this
act. which appointees- shall hold office un
til the first Tuesday after the first Monday
In October, 1902. and no longer, and each
of the said Judges shall receive a salary
of four thousand dollars pr annum.
Under this act the two additional Judges
named have been appointed to hold office
presumably until October, 1902. Lawyers
of eminence in this state are discussing
the effect of the act, If It be constitu
tional, and there are many lawyers of
ability who declare that the act Is un
constitutional. Jndicinry Is Defined.
The constitution of the state provides
that "the judicial power of the state
shall be vested In a Supreme Court,"
and that "the Supreme Court shall con
sist of five Judges, ... The Legisla
ture may increase the number of Judges
of the Supreme Court from time to- time
and may provide for separate departments
of. said court."' (Art. 4, sec. 2.) It also
provides, that the term of office of said
Judges shall be six years from and after
the second Monday In January next fol
lowing the election, and that In case of
vacancy the Governor shall appoint until
the next general election. (Art. 4-, sec. 3.)
It also provides the salary of Supreme
Judges, and that no sujeb. officer shall be
eligible to any other office or public
employment during the term for which
he shall have been elected (art. 4. sec
14-15), and that such judicial officers may
only be removed by Impeachment by the
Legislature. (Art. 5, sec. 2.)
The lawyers are discussing- the following
three questions as to the constitution
ality of the act:
First Has the Legislature- power
to Increase the membership of the court
with a "string" on the power of ap
pointment by limiting the Governor's
power of appointment of one Democrat
and one Republican?
Second Can the Legislature limit the
term of office already provided by the
constitution (six years and: Institute a
term of 18 months or such a. matter?
Third Havings Increased the member
ship of the court and the authority to
do this Is questioned can the membership
be decreased, once having been Increased?
The power of appointment is undoubtedly
an executive function expressly conferred
on the Governor by the state constitution.
If the Legislature may not take away
this function, may It so abridge It as
to restrict the free exercise of executive
diction? It Is said that the power of
appointment, having been conferred on
the executive, Its exercise Is only limited
by the constitution, and that Instrument,
having prescribed the qualifications of tho
Judges (art. 4, sec 17), it is not com
petent for the Legislature to add a po
It Is also urged that the Legislature;
may not create additional Supreme Judge
ships under such terms that the power of
Impeachment Is taken away, the execu
tive having no power to remove and no
Impeachment being possible after retire
ment from office.
Can Term Be Limited T
If the act is constitutional, having In
creased the membership of the bench to
seven, does not this bring the additional
Judgeships within the purview of the con
stitution, and therefore require the elec
tion of two additional Judges at the next
general election? There Is no question
that the Legislature may Increase the
number of Judges; it may not, however,
limit the. term of such Judges as now
exist. May It limit the term of those
created by the act? Assuming the act
to be constitutional, so far as the in
crease of membership Is concerned, do
not the present a'ppolntees hold under the
organic law until the next general elec
tion, or not at all? May the Legisla
ture decrease the number of Judges on
the Supreme Bench?
The power over the judiciary, says a,
prominent lawyer, who has given the
question much thought, Is thoroughly dis
cussed1 In Martin vs. Hunt. 1 Wheaton.
and the question has been presented and
discussed by the Supreme Court of the
United States, and the conclusion has
been arrived at that neither the consti
tutional term nor compensation may be
Interfered with. It Is contended that
the present question Is concluded by that
Then this question Is presented: If tha
act Is constitutional in one respect, in
two 'years from now will the Washington
Supreme Court consist of five or seven
members, and ,lf of seven, who will bo
the Incumbents? It It will consist oi
only five members, "has not the Legislature
abridged the term, and decreased tho
membership of the Supreme Court?
The question may arise In either of two
ways. One of the present incumbents
may Insist on his right to sit until the
general election of 1902, and until his
successor Is elected and qualified, or offo
of the political parties of the state may
nominate a sixth and seventh Supremo
Court Judge, and the question may arlsa
in this way. Then the court Itself would
be confronted with a. question affecting
Its own membership.
However the matter may terminate,
there seems no doubt that all the Judges
"ow sitting are de facto and that the
Judgments of the court cannot be at
.acked on the ground of their eligibility.