THE MORNING OREGONIAN, TUESDAY, NOVEMBER 26, 1901.
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PORTLAND, TUESDAY, NOV. 20.
THE PRIMARY ELECTION LAW.
It Is not a question whether the pri
mary election law, known as the Lock
wood act, is the best one, or as good
a one, as could have been devised. The
question considered by our courts was
whether the act was or was not violat
ive of the provisions of the fundamental
law. The courts hold that it does not
violate them; therefore it must stand.
It was an act within the discretion of
the Legislature.
The act was very carefully considered
by the Judges of the Circuit Court for
Multnomah County. Their opinion in
support of Its validity was unanimous.
It was appealed to the Supreme Court,
where again the decision Is unanimous
in support of It.
It Is settled, therefore, that we may
bave and we do have a law for reg
ulation and control of primary elec
tions. This gives the people of Oregon
a chance, for the first time, of making
nominations. No clique, junta or party
committee, pretending to the sanctity
of party regularity, controlling the
whole machinery of party primaries
and conventions, and denying all rights
of contest or opposition, can, hencefor
ward, have full sway. All the mem
bers of the party of each party will
now have a chance. This is a great
change and reform, even though the
law may be imperfect in some of its
details.
The opinion of the Supreme Court is
so important that The Oregonlan prints
it entire. It is the emancipation of the
people from party bosses. It will be
scarcely worth while, now, for any set
of men to organize a "gang" and
keep a "machine." Primaries and
conventions may not be worked so
smoothly hereafter; but no ticket
made tip in the office of a. politi
cal boss can be rushed through a pri
mary and convention. That farce is
over.
In Portland, especially, this decision
means much. It means that there may
now be a primary election. It means
that there may be some approach to
ascertainment of the popular will.
Hitherto tickets have been made, as
was the Republican ticket of 1900, by
not above three men, and nobody else
permitted a word. It was the revolt
from this usurpation that beat the Re
publican ticket that year; and they who
led the revolt Justify it by presentation
of this primary election law, under
which there will be at least some ap
proximation to fairness In making nom
inations. LET THEM MOVE OX.
The murderous thugs who shot down
James Morrow are not likely to get a
, chance at any more victims, but how
about the other low foreheads who may
be seen about the streets in the North
End, and In the saloons where that sort
of crooks congregate? The fact that
these two fellows were looking for a
certain gambler is proof that they had
been around town long enough to pick
up considerable local Information, un
molested by the police the while, and
probably never questioned as to their
right to be here. It has long been the
practice with police detectives to meet
"Red O'Brien," "Three-Fingered Dono
van" and other gentry who have lately
doffed the stripes, and to allow them to
remain in the city provided they "turn
no tricks" themselves and "put the offi
cers wise" to any offenses committed by
other crooks. Patrolmen who have
brought suspicious characters Into the
police station have learned that they
were "working" for this or that pair of
detectives, and must immediately be
liberated in consequence.
There Is no evidence that this sort
of thing exists now In an aggravated
form, but there is always more or less
of It going on without the knowledge
of the Chief of Police, whom the detec
tives do not, as a rule, choose to take
into their confidence. The practice is
not confined to Portland; it Is common
to almost every city, and every detec
tive force, and it la always vicious In
its results. While If" enables detectives
to make arrests now and then which
they could not do otherwise, it allows
a dangerous olass of criminals to live
In security, without fear of arrest unless
they are proven guilty of some particu
lar overt act
It is easy to guess the value of prom
ises of thugs to "turn no tricks them
selves." Time and again ex-convicts
who have been here on sufferance. have
been caught in burglaries and hold-ups.
"What they want Is police protection,
and a promise to a detective is a cheap
and easy way to get it The breaking
of faith causes them no sleepless nights,
and the "turning" of one good "trick"
will enable them to depart for some
other city and make fresh promises
to fresh detectives.
These fellows are almost lnvarlablj
known to at least one or two of the po
lice detectives, and no amount of ln-
formation they volunteer should pay for
the privilege to stay In town. Charges
of vagrancy can always be enforced
against them; often they may be held
on suspicion, and a little telegraphing
will develop the fact that they are
wanted In other cities. They should be
either arrested or given ten minutes In
which to leave town whenever they are
seen, and a vigorous inspection of the
haunts which they Infest should be In
stituted every day. Measures of this
kind would soon lend terror to the name
of Portland among them, and their op
erations would largely be confined to
other places. No matter how much
they may be wanted by penitentiary
wardens and Sheriffs of-their acquaint
ance, thqy are not wanted in Portland,
and they should not be tolerated here.
SNARED BY STUPIDITY.
The murderers of young Morrow have
been apprehended through their own
stupidity, as are most murderers that
are brought to justice. The popular
saying that "Murder will out" Is not
often true unless the crime is commit
ted before witnesses or is accompanied
by robbery, whose spoils furnish
damning evidence of guilt. The mur
derer of Morrow, had he worked with
out confederates, would not be in cus
tody today, or at least would be In no
danger of conviction, unless he chose
to confess.
The record of famous murders In I
great cities includes a great many crim
inal homicides whose authors have
never been brought to justice. If the
assassin is absolutely without confeder
ates; if he keeps his own counsel; if
no property of his victim can be -traced
to his possession, murder Is a compara
tively easy crime to commit without
detection, provided that brains are ex
ercised in its plot and execution. The
reason why so many murderers are
brought to justice is solely because of
the extreme stupidity of the assassin.
The average assassin who is caught Is
generally a stupid fellow, who either
has a confederate when he commits the
crime or discovers his deed to one
of his boon companions or to a babbling
concubine when he is In his cups. A
deal of exaggerated praise is bestowed
upon the detective skill of the police
in great cities, when, as a matter of
fact, they make all their arrests through
information obtained from the pals or
paramours of the suspect. This Infor
mation Is secured sometimes by pur
chase, sometimes It is obtained by pres
sure upon persons who cannot afford to
be pinched by indictments that are not
dead but are only sleeping in official
pigeonholes.
The arrest of the murderers of Mor
row was simple ancugh. N Three or four
fellows are privy to the crime and talk
about It so much that their landlady
grows so suspicious through their be
havior that she communicates with the
authorities. The moment the suspects
are arrested they tumble over each
other in their eagerness to turn state's
evidence. Of course, If all murderers
were of this mental quality, murder or
any other great crime would always
"out"; but, unfortunately for the
world's peace and safety, all murderers
are not stupid. When Morrow was mur
dered, nobody but the murderer saw the
murder; no property was taken; the
murderer was absolutely safe from de
tection if he could keep his owii mouth
shut and that of his confederate. But
the confederate leaked to other "sym
pathizing friends" of the principal as
sassin and himself, and of course dis
covery, arrest and confession all fol
lowed in quick succession. There Is
really no more mystery about murder
and murderers than there Is about other
great crimes and criminals. A criminal
as a rule Is nothing but the evolution
of incurable indolence. Given a man
whose appetites and other desires are
greatly In excess of his ambition or his
ability to obtain their full gratification
by honest industry, and he will be sure
to become either a public parasite or
a thief of some sort If he Is an intel
lectual man of high intelligence, he be
comes perhaps a gilt-edged gambler;
perhaps a "confidence man"; perhaps a
forger, check-ralBer, bank-robber; if he
is a dull, ignorant, brutish man, not
deft or smooth enough to be an Intel
lectual scoundrel, he turns a highway
man or common burglar. Triese fellows
are all alike. They are the children of
Invincible, natural-born indolence. They
all hate work, and they are all less
afraid of the jail or eyen the scaffold
than they are of the almshouse. The
ultimate of a man of Invincible, natural
aversion to honest daily labor at some
vocation is to become a thief of eome
sort surely, and quite possibly a mur
derer; and the ultimate of every woman
who hates work is to become a prosti
tute and possibly a thief. These creat
ures, whether they are merely prema
ture paupers or parasites, or gamblers,
or pickpockets, or bank-robbers, or
mere brutal highwaymen and murder
ers, are all various evolutions of
the spirit of indolence, of hate for hard
work. Whether these spawn of indo
lence gamble, or pick pockets, or utter
forged checks, or burst bank vaults, or
rob and murder, they are all children
of the same tribe. They differ only In
taste and temperament, In Intelligence
and mentality. They all start from the
cradle of Incurable Indolence. They do
not court death, but they all fear It less
than continuous, unbroken dally toil.
The King in "Hamlet" murders his
brother so secretly that his exposure is
due to supernatural revelation; Intelli
gence armed by science can take life
today so cunningly that doctors cannot
or will not agree whether the man died
of poison or from natural causes. The
murderer who suffers today for his
crimes has to be caught red-handed or
denounced by some confederate he has
credulously trusted.
PLACE-HUNTERS WILL KICK.
The Collector of the Port of New
Tork, who had already been selected
for reappointment by President McKln
ley, has been removed, his removal to
take effect In April next, and at the
same time the President will send in
the name of George Whitehead to be
Appraiser of the Port In place of the
present incumbent, Wilbur P. Wake
man. Whitehead has been twenty-five
years in the service of the Treasury De
partment, and Is now Collector of Cus
toms for Porto Rico. Postmaster Wil
son, of Brooklyn, has resigned; he has
been for some months under indictment
by friends of the civil service act for
"pernicious activity" as a district leader
in local politics.
The New York Sun editorially says
of the removal of Collector Bldwell that
"we trust the President's action does
not be the seed of trouble In the Re
publican party," and does mot disguise
Its belief that Mr. Cleveland's executive
order of July, 1886, warning Federal
.office-holders against political activity
In primaries and nominating conven-
1 tlons "could not bo es&joed and car
ried out as an inflexible rule and car
ried to its logical conclusion without
prompt revolt on the part of a self
respecting man." It Is very plain that
the President, In his efforts to enforce
the civil service law, both In spirit and
letter, far beyond the example of Presi
dent McKInley, need not expect any
sympathy from the New York Sun. It
is not impossible that President Roose
velt may at a later day encounter some
more or less vigorous opposition, open
or covert, to his policy, for it is sure
to make the placehuntlng element in
the party hostile.
The President has announced that he
Should exclude political influence of
every sort, direct or indirect, from the
Army, the Navy and the colonies. He
is certain to keep his word, and with
all appointments to these branches of
the public service removed from the
reach of Congressmen hunting places
for their "poor relations" and other
proteges, there will not be much left
that is worth distributing.
The President is rjght, and he will be
supported by public sentiment, but the
place-hunters and political spoilsmen In
the party have long memories. If they
find out by experience that the Presi
dent is In earnest and that they cannot
obtain what they want in shape of
spoils, they will be sure ultimately to
block the President's policy and polit
ical ambition. If possible, by fair means
or foul.
Every President who has tried to re
form the public service by rescuing it
from the hands of place-hunting and
spoils-seeking Congressmen has sooner
or later had a fight on his hands.
Hayes, Garfield, Cleveland, all essayed
the part of the reformer in insisting
that, since the President had to bear
the responsibility for the worth or
worthlessness of an appointment, the
President should not be expected simply
to ratify the nominations of place
hunting Congressmen. Place-hunters
and spoilsmen are numerous enGUgh in
Congress to command a good deal of In
fluence, and It will not surprise the
country if they show their teeth to the
President at the first favorable oppor
tunity. But the President is a good
fighter, especially when his quarrel is
just
COUNTRY NOT ALL GOLD.
Two interesting and valuable reports
on Alaska have just been Issued by the
United States Geological Survey, one
on the geology and mineral resources
of the Copper River district, and the
other a reconnolssance of the Cape
Nome and adjacent gold fields of Sew
ard Peninsula. These documents have
the merit, unusual in a Government re
port of being reasonably fresh, the in
vestigations upon which they are based
having been compfeted less than a year
ago. Numerous half-tone reproductions
of photographs and new and accurate
maps illustrate the text advantageously.
Added to the technical account of geo
logical history and conditions In the
Copper River country Is a statement of
the mineral resources of the region.
Copper, of course, takes the lead, and It
Is found In numerous places, in fissure
veins and in mineralized zones. Indica
tions of coal and oil were discovered,
one splclmen of coal analyzed contain
ing 82 per cent fixed carbon and being
rated as seml-anthraclte. Stories of
gold, however, are what brought the
Copper River country Into Its recent
prominence, and what the report says
on this point is of general interest. It
speaks of the quartz veins near Alag
nik, on the north side of the Copper
River delta, pronouncing the prospects
to be promising. "On the whole," says
the report, which is written by Frank
C. Schrader and Arthur C. Spencer,
"the Alagnik region seems worthy of
the further attention of mining men."
Regarding placers, the report speaks
as follows:
Gold Is of general occurrence In the stream
gravels throughout tho Copper River district
and along the adjacent shores of the Pacific
Ocean, but has not been shown to be ot eco
nomic Importance except in a few localities.
A more pretentious volume is the re
port of Alfred H. Brooks, George B.
Richardson, Arthur J. Collier and Wal
ter C. Mendenhall of reconnoissancss in
the Cape Nome and Norton Bay re
gions. This comprises more than 200
pages of carefully prepared matter,
going considerably sinto technical detail
In description of the geological an
mineral features Of the peninsula, with
notes on climate and vegetation. A
summary of the mineral situation ap
pears In the following paragraph:
It has been shown that there are a number
of different methods of occurrence of gold In
the sands and gravels. Some of them, like
the creek and beach placers, have been ex
tensively developed; others, like the bench and
high bench placers, have hardly been touched;
and there are still other groups, like the old
beach placers, of whose existence the prospector
Is hardly aware. It has been shown that the
placers are rather widely distributed, tho act
ual discoveries being scattered over an area of
4000 to 5000 square miles. It is probable that
careful prospecting will show that other creeks
In the region carry workable gold deposits.
While the very rich creeks, such as have been
already developed, are probably exceptional,
yet It cannot be assumed that the limits of
discovery have been reached within this area,
which has been so extensively staked and so
little prospected.
These reports are of great value in
the definite, though not conclusive, es
timate they give of remote regions con
cerning which many fabulous stories
have been told. They Indicate that
there is a reasonable basis for mining
development, a development that Is not
accomplished by stampedes, but by sys
tematic industry on well-formed plans.
Rushes to Alaska will not do this. The
territory will In time yield its riches
to organized endeavor. The new era
has already dawned for Alaska, but It
will probably be less sensational than
the past five years have.
The Oregonjan's correspondent, "Griz
zly," in his recent London letter refers
contemptuously to Lord Roberts as
"having been made a rich man" for
his lifelong military services. Lord
Roberts was granted by Parliament
100,000 ($500,000) in consideration of
his great services and to enable him
to support properly the dignity of his
new rank a3 Earl Roberts. Lord Rob
erts was the son of a poor English Gen
eral of plebeian origin, and, like his
father, he had to earn every step of his
way by his sword. He has always
lived on his pay, Is a man of family,
and is about 70 years old. It has al
ways been the custom in Great Britain
to reward eminent soldiers and naval
commanders with a gift of money to
support their rank In the peerage. Such
money grants were made to Admirals
Rodney, Jefrvis, Duncan, Nelson and
Pellew. Wellington, Gough, Hardinge,
Napier, Raglan, Sir Colin Campbell and
Wolseley all were voted large grants of
money to support their rank. The
grant of money to Lord Roberts is the
regular British method of rewarding
military victors who have no Income
beyond their pay to support their rank.
We do not do this by act of Congress,
but Grant, Sherrnan and Sheridan were
all given large gifts in money or houses
obtained by popular subscription, and
Mrs. Garfield received a very large sum
of money obtained In the same way.
Our form of government Includes no
aristocracy with the social obligations
f high artificial rank; but If It did we
should vote money to our great soldiers
and sailors. If their pay would not de
cently support the rank. Napoleon,
whenever he created a Marshal and
made him also a Duke, gave him a
large sum of money to support his rank,
but when he made a General merely a
Marshal the promotion did not carry
with it a gift of money. St. Cyr was
made a Marshal, but not a Duke, and
received no money, while Ney, Soult
and Suchet received large sums of
money, because they were placed in the
Napoleonic peerage with the title of
Duke.
England's most pessimistic critic
even he who sees In the events of the
past few years the beginning of the
end of the British Empire must allow
that the loyalty of the colonies to the
mother country, as shown in the prompt
and even eager response to the call fOr
soldiers to serve In South Africa, and
later in the enthusiastic reception which
the heir apparent received on his recent
tour of the colonies, Is an element of
latent strength which, when needed,
will spring Into life. "For the first
time," says Sydney Brooks in a late
magazine article, "the British Empire is
a vibrating and unified whole. The
days when England all but let her colo
nies slip through her hands through
sheer apathy; when responsible states
men talked In public about educating
the colonies in independence, are irre
trievably gone." If It Is, indeed, true
that a new era has opened for England
with union Instead of separation for Us
watchword, plainly the nation is grow
ing away from Europe and toward
empire.
Lying in wait for one man and killing
another constitutes murder in the first
degree, the penalty for which is hang
ing. Whether "Kid" McFadden is prin
cipal and Dalton accessory, or vice
versa, cuts small figure. Both are mur
derers instinctively. The law of Oregon
as 'interpreted by the State Circuit
Court for the fourth judicial district
has sent to the gallows at least three
murderers who shot and killed persons
whom they were not ''laying for," nota
bly Brown and Johnson In 1879 and
Murray, the painter, some seven years
later. There need be small fear that
the slayers of young Morrow will escape
the law's penalty.
There is nothing startling certainly
nothing unbelievable in the statement
so persistently made that Pope Leo
XIII Is nearing the end of his earthly
career. Aged, frail, the victim of nat
ural decay, the venerable pontiff can
not long survive. This Is Nature, and
her decree Is Inexorable. Grief does not
wait upon its execution, nor sorrow
veil her eyes, when it is accomplished.
All that mortal may do In such an
event Is to tread lightly, speak rever
ently and accept cheerfully the Impar
tial sentence that Is passed alike upon
the exalted and the lowly of earth.
The trial of two Umatilla Indians for
killing a witch recalls the fact that It
is not yet twenty years since some
farmers of Scandinavian blood were
tried in Central New York for the kill
ing of a so-called wizard who was
charged with killing their cattle and
working all sorts of mischief. We have
forgotten the exact issue of the trial,
but remember that the infatuated
Scandinavians were not hanged for
murder, although the killing was con
fessed. Governor Van Sant, of Minnesota, an
nounces publicly that he will use his
personal funds to fight the latest rail
way trust In case the Legislature soon
to be called In extra session refuses to
make an appropriation. This sort .of
talk has not been heard since 1862,
when Governor Oliver P. Morton, of
Indiana, borrowed on his personal note
a large sum to put down treason in
his own state after the legislature had
refused to vote money for the purpose.
The University of Oregon football
team, althbugh It is not making the bril
llat record of last year's eleven, no
doubt Is composed of just as good stu
dents. The argument that the best
players are the best students, of course,
does not mean that the collegians are
not studying as hard this year as they
did last. If it did, their absence from
college In touring the country might in
terfere with their less Important stu
dent work.
I
We can well believe that Lord Salis
bury is growing old rapidly. No longer
a young man; having had his full share
of bereavement and disappointment, as
well as of pleasure and of honor; of
ponderous and sluggish physical condi
tion; perplexed by the contradictions of
the war In South Africa, and blamed
for Its long continuance and unexpect
ed disasters, it is no wonder that Brit
ain's Premier is "aging rapidly."
Latest advices from Manila bring in
formation that General Chaffee has or
dered made a record of all natives who
take the oath of allegiance to the
United States, said oaths to be dupli
cated in English, Spanish and Tagal.
General Chaffee Is "getting next."
Whenever a foreigner begins to swear
in English, the foundation stone of
higher civilization is laid.
According to the .census of 1890 there
were in this country descended from
the white race and black race conjointly
56,989 mulattoes, 105,135 quadroons, and
69,936 octoroons. This all happened be
fore President Roosevelt had Booker
Washington to luncheon.
The promptness with which citizens of
Portland are honoring Lewis and Clark
shows that Lewis and Clark explored a
grand country. Who said "old Port
land" has no public spirit?
It was thought President Roosevelt's
message would be short because he is
writing it himself, but that seems to be
the reason for its containing 30,000
words.
The Lockwood primary law is uncon
stitutional for political bosses because
it is local. It is constitutional for vot
ers for the same reason.
While we are talking about municipal
Improvements, how would it do to clear
the city of toughs, thugs and murder
ous highwaymen?
The warring republics on the Isthmus
have found a dictator, as usual. Uncle
Sam fills the office with credit.
WHAT THE PRIMARY LAW IS.
The primary law applies only to the
City of Portland, being appllcablo only to
cities of 10.000 or more Inhabitants.
It Is mado the fiuty of the County Clerk
to designate a day to be known as pri
mary day, which shall be at least 60 days
before tho general election. t
The Democratic and Republican primar
ies shall be held at the same time.
No nominations made by any conven
tion of delegates shall be printed on the
official ballot for use In the general elec
tion unless the delegates are selected at
a primary election held In accordance with
the act but this does not preclude nom
inations by assemblages of electors or in
dividual electors.
Not less than seven days before the pri
mary election the managing committees of
political parties shall publish notice of the
proposed convention, the number of dele
gates and apportionment.
Four days before the primary election
the managing committees shall file with
the County Clerk a list of delegates to the
convention, which shall be known as the
regular ticket. Ten members of a political
party In any ward or precinct may file an
Independent ticket. Independent tickets
shall be numbered consecutively when
there are more than one, or several.
Tho ballots shall bo the same as the
ballots now used in a general election, and
shall bo voted In the same way, by mark
ing "X" opposite the names voted for.
There shall be a separate ballot for each
party.
The Judges and clerks appointed in Jan
uary to berve at the general election shall
serve at the primary.
The polls shall open at 8 o'clock A. M.
and close at 6 o'clock P. M., and the elec
tion shall be conducted In all respects the
same as a general election.
Tho poll-books shall be the same, also
the tally sheets, as In a general election.
There shall be a ballot-box for each party,
and tho precinct registers 3hall be pro
vided by the county.
'
REPORT OX POSTAL AFFAIRS.
Madden Reports a Number of Ab rises
Recommendation.
WASHINGTON, Nov. 25. Third Assist
ant Postmaster-General Edwin C. Mad
den, in his annual report, recommendB the
consolidation of the third and fourth
class mall matter, an increase of the
limit of indemnity for the loss of recis-
tcred matter from $10 to $100, and that
postal employes be made liable for the
value of registered matter lost through
their carelessness. The total postal reve
nues for the year from all sources were
$111,631,193, being 53,923,727 less than the ex
penditures. This is exclusive of the cost
of transporting the malls over the subsi
dized Pacific railroads that have not yet
settled their bonded accounts with the
Government. The total value of stamped
papers and stamp books Issued during the
year was 5101,747,987. The Issue of postage
stamp books is regarded as a successful
experiment
Tho amount of second-class matter
mailed free of postage to actual sub
scribers within the county of publication
constitutes practically 7 per cent of the
entire amount mailed. Mr. Madden says
it Is but a question of time, If the rate of
Increase of second-class matter continues,
before It will consume most, If not all, the
revenues derived from other classes of
mall matter. While second-class mail
matter, combined with its necessary
equipment, constitutes practically two
thirds of the combined weight of all the
four classes of mail matter, It furnishes
only slightly over 4 per cent of the reve
nue from all postages. About 50 per cent
of this nominal and unsustalnlng rate,
Mr. Madden says, is due to a construc
tion of the statutes which has prevented
the admission of a great number of al
leged newspapers and periodicals which
are merely pretensions. The principal
abuses of the pound rate named by the re
port are sample copies, bulk subscriptions,
book serials, return copies to news agents
and premiums to subscribers, the latter
being characterized as the king of abuses.
Tho hope is expressed that tho next an
nual report will show the second classof
mall practically free from at least the
larger abuses. This reformation, the re
port says, may make 1-cent postage prac
ticable at no distant date.
Another big batch of publications ex
cluded from the second clas3 of mall mat
ter, under the new policy governing that
classification, was announced today. Most
of them are serials published in Minneap
olis and Philadelphia. The list Includes
several newspaper almanacs and railroad
guides.
CUBANS CALL ON PRESIDENT.
Urge Necessity for Cut in Tariff on
Products of the Island.
WASHINGTON, Nov. 25. A delegation
of Cuban business men called upon the
President today and presented a petition
adopted by the industrial organizations or
the Island, urging upon his attention the
necessity of reduction in the American
tariff upon Cuban products, particularly
upon sugar and tobacco.
The Secretary of War and other officials
were also called upon. The delegation
consisted of Francisco Gamba, president
of the General Society of Merchants and
Business Men of Cuba; Miguel Mendoza,
Simon Dumols, Louis Francke, Gustdve
Bock, Dlonlslo Valasco, Juan Pedro and
Alfonso Pesant The delegation was ac
companied by State Senator Frank D. Pa
vey and L. V. De Abad, a member of the
ex-Cuban delegation on economic affairs
which visited Washington last Winter.
Tho petition says that the economical
situation in which the Island of Cuba Is
placed is such that the remedies suggested
admit of no delay, and concludes as fol
lows: "We therefore respectfully entreat you,
either by virtue of the Constitutional au
thority vested In you, or by requesting
Congress In your first message to grant
you the necessary authority to immedi
ately establish amplo commercial privil
eges between the "United States the al
most exclusive market for our products
and Cuba, based on the foregoing petition
as a measure of urgent necessity and in
dispensable for the salvation of the isl
and." The Heistand Investigation.
WASHINGTON, Nov. 25. The Inquiry
into the charges preferred against Major
H. O. S. Heistand was resumed by the
Senate committee on military affairs to
day. F. W. Gord, appointment clerk of
the War Department, testified to the ap
pointment of Major Hawkes as Inspector
in the Philippines customs service. Wit
ness L. B. Jackson telegraphed that he
would be here Tuesday afternoon. While
Senator Hawley was reading the testi
mony, counsel for Major Hawkes con
versed with his client The Senator com
manded silence, and this led to a sharp
debate between the chairman and counsel.
The committee held an executive session
and decided to hear arguments Friday af
ternoon at 2 o'clock. The committee then
adjourned until Wednesday, when it is
proposed to close the testimony.
A Conscience Contribution.
WASHINGTON, Nov. 25. Secretary
Gage has received from an unknown per
son through the Collector of Customs at
New York a conscience contribution ot
518,669.
NEW YORK, Nov. 25. At tho custom
house In this city It was explained that
the 518,669 was tho sum recently collected
from H. S. Black, of this city, whose wlte
recently returned from abroad with a val
uable necklace on which, no duty had been
paid.
Supreme Court to Take a Recess.
WASHINGTON, Nov. 25. In the United
States Supreme Court today Chief Justice
Fuller announced that on Wednesday the
court would tako a recess Until tho follow
ing Monday. The present understanding
Is that the court will adjourn for four
week3 on Monday, December 9. Tho re
pairs on the courtroom are expected to
be completed by that time, and when tho
court reconvenes in January It will oc
cupy its own quarters, vacating the rooms
of the Senate committee on judiciary,
which are now In use by the court.
" 'AMUSEMENTS.
"A woman's heart and a man's brains"
had the flrstDuchess of Marlborough, ac
cording to Harley. Such a creature would
bo Impossible of Interpretation to many
yes, to most actresses, but the ease with
which she was made to live, breathe and
act by Mrs. Sarah Cowell Lc Moyne, In
"The First Duchess of Marlborough," at
the Marquam last night, shows that the
miracle may be accomplished by a wom
an of the f-ame kind.
Mrs. Le Moyne Is ono of the few really
great actresses who have been seon In
Portland. Her art is that of a mature.
Intellectual woman, who does what she
does because she knows it Is the right
thing to do, and who shows her audience
that it could be done in no other way.
She is entirely free from mannerism or
affectation, possessed of a wonderful voice
and a still more wonderful gift of using
It, and capable of understanding a char
acter so thoroughly that her every action
Is tho only one natural or possible to that
character under existing conditions. The
great success she has achieved Is due to
her rather than to the play, which depends
absolutely on her part for Its strength,
and simply because the first Duchess ot
Marlborough, as reincarnated In tho per
son of Mrs. Le Moyne, Is a woman of
a fine sense of humor. She Is a woman
of action, too, and that Is why the play
Is so full of action, and why Its interest
Is maintained so well to the last, for the
dramatist has, and with wisdom, left
much to the star. Incidentally, ho has
made rather strong characters of Harley
and Mrs. Masham, has sketched an amia
bly weak Queen with much skill, and
has Invested the Duke of Marlborough
with a dignity which Is in agreeable con
trast to tho stalking asses which ono ordi
narily sees In the persons of great English
soldiers and statesmen on the stage. For
all of these characters excellent players
have been found, and the company as a
whole Is the best that has appeared In
Portland since that brought to the Pacific
Coast by Mrs. Flske last year.
The story of the play is simple. The
Duchess of Marlborough, once powerful In
the court of Anne, Is made the victim of
a plot concocted by Mrs. Masham, a beau
tiful favorite, whom she herself has ele
vated. The crafty Harley mixes his
brains with Masham's venom, and the
pair succeed In convincing the Queen
that, the Duchess has stolen the signet
ring. In order to carry out a pet plan ot
the Duko's, the degradation of tho bril- j
liant Swift The plot succeeds for a time,
but tho Duchess brains triumph at the
last, and the curtain falls on the confusion
of the plotters.
Through every scene, whether pleading
before her Queen the cause of the great
Marlborough who had been openly slan
dred, whether sounding Harley to deter
mine what Is his game, or whether stand
ing before her sovereign and violently giv
ing her the He, Mrs. LeMoyne makes the
Duchess a woman who compels admira
tion. Now checking extreme rage by sheer
will, now sarcastically voicing her con
tempt for the pettiness of the court and
all within It she is always natural, al
ways womanly, always convincing. There
Is nothing sentimental or tearful about
her. She does not sadly soliloquize on tho
fact that she has reached the highest
polnt of all her greatness, or deplore the
wretched state of those who hang on
Princes' favors. If misfortune besets her
she undertakes to mend thorn, and gets
results. She Is splendid In prosperity, de
fiant In adversity, and Is troubled with
no impossible desire to forgive and forget
when she finally triumphs. Only art, and
the highest kind of art, can accomplish
what she does, and the people who lis
tened to and watched her In surprise and
delight, and gave her curtain call after
curtain call, knew more about good act
ing when they left the theater than when
they came Into It
Frederic Paulding, as Harley, Is at the
head of the support, and is a fine actor.
His part calls for much skill and adroit
ness, In neither of which is he lacking.
His scene alono with the Duchess is his
best in the play, but everything he does is
well done, and he leaves no situation un
improved. Harold Russell made a Marl
borough who really looked and behaved
like a soldier, and Joseph Wilkes was an
excellent Swift.
Mary E. Barker gave to Queen Anne
the similitude qf good-natured vaccillation
that the dramatist Intended, and looked
every Inch that kind of a Queen, while
Nora O'Brien, an actress of much loveli
ness of feature, does not belle her charac
ter, that of one of the beauties of her
time. Miss Ina Brooks, last seen here
with "A Midsummer Night's Dream," does
a great deal with a small part. The play
Is sumptuously mounted and costumed. It
will be repeated tonight, and should be
seen by every one who cares for the best
the stage has to offer.
COMING ATTRACTIONS.
S. Miller Kent In "The Cowboy and
the Lady."
The sale of seats opened yesterday
morning for S. Miller Kent in "The Cow
boy and the Lady," which opens at the
Marquam Grand Theater tomorrow
(Wednesday) night, continuing Thanks
giving day matinee at 2:15 o'clock and
Thanksgiving night
This season Mr. Kent will be seen in
what might be called another "Goodwin
role," but one which, nevertheless, was
written by Clyde Fitch with the hand
some young Btar in mind, and which fits
him like a glove. For several seasons
Mr. Kent has supported the leading stars
of the country, and now, as a star him
self, he will have an excellent opportu
nity In a congenial part. Tho heroic de
ment Is strong in Teddy North, but It is
shown In such a calm, quiet way by tho
college graduate who became a cowboy
that the element of delightful surprise
and humor Is ever present.
The Opening: of the Baker.
A score of carpenters, painters and dec
orators aro busy getting the Baker Thea
ter In readiness for its opening Thursday
afternoon. "Said Pasha," the opera chos
en by the Wilber-Kcrwln Opera Company
to open the theater, Is one of tho brightest
of modern operas, and gives all the mem
bers of the company an opportunity.
The company carries all Its own scenory,
and will mount and costume the play
sumptuously. A large chorus of pretty
girls is an attractive feature, and the
principals are all said to be unusually
clever.
"Rip Van "Winkle."
Tomorrow morning the sale of seats for
Thomas Jefferson In "Rip Van Winkle"
will be placed on sale at the Marquam
Grand Theater, where h!s company will
app'ear next Friday and Saturday nights,
with a special ladles' and children's mat
inee Saturday afternoon. Thomas is the
second son of Mr. Joseph Jefferson, and
has been playing "Rip Van Winkle" on
tho road for tho past three seasons, meet
ing with success in all the large clt!e3
where he has been seen. He will be as
sisted by a competent company of com
edy players.
The Law.
. J. A. Edgerton In Denver News,
"lis a truth as old as the soul of things
Whatever ve sow, ye reap.
'Tis the cosmic law that forever springs
From tho unlmaglned deep.
.'Tis shown In tho manifold sorrowings
Of the race; in remorse with Its secret stings;
That he who grief to his brother brings
In his turn somo day shall weep.
To the man who hears his victim's cries
And hardens his heart at the sound,
At last a Nemesis dread shall rise
From out of the void profound.
Who sows in selfishness, greed and hate
Shall gain his deserts In the years that watt,
For the slow and remorseless wheel of Fate
Forever turns 'round and 'round.
If ye give out of mercy and love and light,
The samo shall return to you;
For the standards of right are Infinite
And the scales of the gods are true.
By Its good or evil each life Is weighed;
In motives and deeds Is Its record made;
In the coin ye pay ye shall be repaid.
When your wage3 at last fall due.
NOTE 'AND COMMENT.
No Washington has yet arisen In tho
struggling Republic of Yukon Territory.
What about the pawnbrokor who cold
a gun to a man with a face like Wade's?
Perhaps, after tho holidays, the bri
gands will mark down the price of ran
soms. Tha British still have a month wherein
to prepare for that 2-yoar-old Christ
mas dinner.
Many prlvato secretaries aro now
struggling with many speeches which will
never be heard.
Calling a man a Populist does not In
sult him any more. The name has lost
Its reproach with the disappearance of
tho party.
Tho Kaiser Wllholm der Grosso took
$7,000,000 with her on her last trip to
Europe What Is Mr. Morgan going to
buy now?
A colored man voted ten times in Phil
adelphia the other day. To disfranchise
such a man as this would be to make
the dark vote very light
The court has inflicted Ufa imprison
ment on two Indians. It might have
been more merciful to set tholr lives free
with a hangman's noose.
The streets will now be cloar of foot
pads for a time, and If a Jew scorchers
could be captured tho public might re
sume the use of the sidewalks.
When Bryan views tho cordwood and
pumpkins that are coming In for sub
scriptions, he must regret the harsh
things he has said about gold.
Presldant Roosevelt will not be both
ered by a rush of publishers for his
latest literary work. The Congressional
Record will have the Inside track on that
If Mrs. Roosevelt will extend her essay
on dressing on $300 a year so as to make
It appllcablo to the wives ot men who
receive 51 a day, she will fill a long-felt
want
There Is a hint for thirsty Kansas farm
laborers in this Item from an exchange:
Farmers about Cortland, N. Y., a pro
hibition district, were puzzled to find that
their hands got drunk without any vis
ible liquor supply. They finally discov
ered that the employees had tapped tho
silo for the juice of tho green cornstalks,
which, fermented, makes a liquor that Is
pleasant, but most terrible.
Tho Cowthorpo oak is the largest In
England. It is reputed to be over 1600
years old, and its branches cover half
an acre. At the close of the seventeenth
century, according to Evelyn's "Sylva,"
It was 78 feet In circumference at the base
of the trunk. Since then a quantity of
earth has been placed round It as a sup
port It Is estimated to contain at the
present time 73 tons of timber.
A paper in an Illinois town relates that
a woman went to the telegraph office and
Informed the operator that her husband
had gone to Chicago to get a motto for
a Sunday school, but she had forgotten
to tell him the Inscription or how large
the motto was to be. She then wrote a
telegram to him containing the needed
Information, and handed it the the op
orator. It read: "My Dear Frank, Sar
atoga Hotel, Chicago .-i Unto us a child
lk born, 8 feet long and 2 feet wide."
Snow Is a substance which offers a most
surprising resistance to penetration by a
rifle bullet far more, Indeed, than wood.
Experiments made in Norway have shown
that a snow wall four feet thick is abso
lutely proof against the Norwegian army
rifle, which, by' the way, Is of quite ex
ceptional' piercing power, and that at all
ranges from 50 yards up to half a mile.
This suggests a new means of defense in
Winter campaigning, as snow is far more
easily and quickly handled than earth
or sandbags.
A wealthy American who took tho
waters at Carlsbad last Summer was giv
en minute Instructions by his physician,
who dismissed him with this Injunction:
"As for smoking, you must limit your
solf to three cigars dally; three light ci
gars and no more." A few days later
he returned to ask the doctor If he could
not reduce his allowance of tobacco to
two cigars, as It mado him deathly sick
to smoke. "Why, man, what In tho
world do you smoko at all for If that is
tho case?" the doctor roared. "But, doc
tor, wasn't it you yourself who said
three cigars a day and no more'? Of
course, I thought they were part of the
euro and began upon them, though I
never smoked before."
India seems to bo the land of cheap rail
way traveling. Tho returns of the East
Indian Railway show that In 12 months
l&Yt million passengers used the line, and
that of those 17 million traveled third or
lowest class. Tho cost of carrying was
onefelghteenth of a penny per mile, and
the chargo to tho passenger was a little
more than one farthing. Great as Is tho
difference between the cost of transit
by this line and British parliamentary or
even workmen's rates, the comparison
between Incomes of the lowest class of
passengers in India and Great Britain is
still greater. The average monthly in
come of the former in shillings corres
ponds with the number of pounds earned
by tho latter in a like period.
PLEASANTRIES OF PARAGRAPHERS
Bass Willis calls his wife Birdie. Fogg
Making game of her? I see. Boston Tran
script. Stonebroke Do you think your father would
object to my marrying you? Heiress I don't
know. If he's anything like me he would.
Tit-Bits.
Encouraging. He My train goes in 15 min
utes. Can you not give me one ray of hope
before I leave you forever? She Er that
clock is half an hour fast. Brooklyn Life.
Somewhat Like One. "Did you notice how
she Jabbered away when she sat there between
those wo men?" -Goodness, yost It maJa
me think of a tongue sandwich." Philadelphia
Evening Bulletin.
Information Wanted. Miss Rural And were
you never In the country during the season for
husking bees, Mr. Sappy? Sappy No. Tho
Idea! How do you husk a bee, anyway?
Philadelphia Press.
Sharpe On his birthday before their mar
riage she gave him a book entitled, "A Per
fect Gentleman." Wheal ton Any change after
a year of marled life? Sharpe Yes; on his
last birthday she gave him a book entitled,
"Wild Animals I Have Met." Chicago News.
Ho Didn't Count. Lady of the House
Bridget, didn't you tell mo when you camo
here that you would have no mate friends com
ing around the house, and now I find a man
In the kitchen almost every evening? Bridget
Shurc, mum, thot ain't no male friend of
molne at all he's me husband. Town and
Country.
"Where He Was Lacking. "I think papa is
just ai mean as he can be," assertd the little
one with indignation." "Why?" asked her
mother in surprise. "Oh, he never can tell
anything about the changes in the weather,"
was the reply. "Why doesn't he get the
rheumatism, like Lucy Miller'a father?" Chi
cago Poet