Morning Oregonian. (Portland, Or.) 1861-1937, March 06, 1903, Image 6

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    this uiGirrrrcrcF ossadRiiu?, frtdat makch g3 1903.
Entertd at the Postofflce at Portland. Oregon,
as second-class matter.
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of any individual. Letters relating to adver
ting, subscription or to any business matter
houli be addressed simply "The Oregonian."
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from individuals, and cannot undertake to re
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tation. No stamps should be Inclosed for this
purpose.
Eastern Business Office. 43. 44. 45. 4T. 48. 49
Tribune building. New Tork City: 510-11-12
Tribune building. Chicago: the S. C Beckwlth
Special Agency. Eastern representative.
For sale in San Francisco by L. E. Lee, Pal
ace Hotel news stand: Goldsmith Bros.. 236
Sutter street; P. W. Pitts. 100S Market street?
J. K, Cooper Co., 740 Market street, near the
Palace Hotel; Poster & Orear. Ferry news
tand; Frank Scott. SO Ellis street, and N.
Wheatley. 813 Mission street.
For sale in Los Angeles by B. F. Gardner,
269 South Spring street, and Oliver & Haines.
205 South Spring street.
For sale in Kansas City, Mo., by Ricksecker
Cigar Co., Ninth and "Walnut streets.
For sale in Chicago by the P. O. News Co.,
217 Dearborn street, and Charles Mac Donald.
83 "Washington street.
For sale in Omaha by Barkalow Bros., 1612
Farnam street: Megeath Stationery Co., 1303
Famam street.
For sale In Salt Lake by the Salt Lake News
Co., 77 "West Second South street.
For sale in Washington. D. C. by the Ebbett
Souse news stand.
For sale In Denver. Colo., by Hamilton &
Xendrlck. 006-912 Seventeenth street; Louthan
& Jackson Book and Stationery Co., Fifteenth
aad Lawrence streets; A. Series, Sixteenth and
Curtis streets.
TODAY'S WEATHER Partly cloudy, prob
ably followed by showers during the afternoon
or night; southerly winds.
YESTERDAY'S WEATHER Maximum tem
perature, 54; minimum temperature, 31; pre
cipitation, none.
FO JWXjAXJ), FRIDAY, MARCH C.
A FAITHFUL: SERVANT.
The most salient feature of the short.
session of Congress, so far as the inter
ests of the Pacific Northwest are con
cerned, has been the remarkable recog
nition secured by Representative M. A.
Moody, of the Second Oregon District,
and the effective service he has been
enabled thereby to render his section
and the public interests generally. The
death of Representative Tongue, the
illness of Senator Mitchell and the prac
tical incapacitation of Senator Simon
have combined to throw a great deal of
work on Mr. Moody, but he has shown
his ability to take care of it and it
does not appear wherein the state's in
terests have suffered.
The secret of Mr. Moody's success is
in his character. He is a man above
boodle and bribes, petty conspiracies
and revenges, and the rule-or-ruln pol
icy which hampers so many otherwise
able public men. He is, moreover, what
is not to be despised, a gentleman. His
training, habits and tastes fit him for
the companionship and command for
him the respect and favor of men of
bralos, character arid Influence. Add to
these qualities the capacity for unre
mitting effort and a sturdy sense of
honor which forbids him to forget a
promise or betray a friend, and you
have the secret of Mr. Moody's success.
It is a type of public man we sadly
lack, locally and nationally. There Is
too much factional combination in the
Republican party of Oregon. There has
been too much unreasoning hostility to
useful men, based on no other ground
than that they refused to wear the SI
mon collar or bow at the Mitchell shrine.
It was Mr. Moody's desire, as it was
largely also the desire of Mr. Tongue,
to stand on his own merits and to sup
port or oppose measures and appoint
mqnts according to his Judgment of
their claim for consideration. This
course succeeds in a way, for both these
men made first-class Representatives
.and their hold upon the people became
strong. But it often falls in another
way, because It arouses the wrath of
the boss. Moody and Tongue have both
at various times incurred the wrath of
opposing factions. Steadfastness and
courage are not always appreciated at
their full value.
Mr. Moody leaves the House with the
warm friendship of many influential
public men and with the respect and
confidence of the people of Oregon. For
tunately, the close of his term does not
And him a "has been" or a "lame duck,
begging for Presidential favors, but
with a business exacting and profitable
enough to engage and repay his close
attention. At home as in "Washington,
he will be an- honor to himself, his state
and the family name to which he has
added fresh honors.
THE SHAME OF MISSOURI.
Lincoln Steffens has an article In the
current number of McClure's Magazine
under the head of the "Shamelessness
of St. Louis," In which the career of
Colonel Edward R. Butler, better
lenown In that city as "Colonel Ed,'
"Colonel Butler" or Just plain "Boss,'
ls somewhat fully exploited. This title
might be extended to Include the
"Shame of Missouri," since the son and
colaborer In Missouri politics ef this
same "boss" is he who has clamored
to be retained in a seat In the National
House of Representatives, and, being
ousted therefrom, has been strong
enough with his party In that, body to
compass the obstruction of legislation
for the last ten days of a busy and Im
portant session of Congress. The "boss'
of St. Louis Is thus described by Mr.
Steffens: "He is an Irishman by birth,
a master horseshoer by trade, a good
fellow by. nature at first, then by pro
fesslon. It is now many years since
he wore the apron of an .honest trade.
He is characterized as a bi-partisan
boss, a millionaire boodler, a man con
victed of bribery, sentenced, but out on
appeal, and still a political power In
Missouri." The method by which he
has long ruled St. Louis was "to die
tate enough of the candidates on both
tickets to enable him by selecting the
worst from each to elect the sort of men
he required In his businesa" The story
as told by Mr. Steffens is one of bold
and unblushing municipal robbery, the
practical admission of all chrages of
"boodle" that have been preferred
against the "boss," and the suplneness
of St. Louis, "rich, dirty and despoiled1
In the open presence of her shame.
Joseph W: Folk, the District Attor
ney, who "single-handed has brought
to bay the boodle ring that robbed St.
Louis and rules It yet," says: "Ninety.
nine per cent of the people are honest
only one- per cent is dishonest. But the
one per cent Is perniciously active."
This may explain but it can hardly
excuse the fact that "Butlerism" Is
still a controlling power, not only to
the politics of a great and notoriously
corrupt city, but Its representative is
strong enough, In spite of all the dis
closures of the methods by which he
was sent to Congress, to enlist In his
behalf an Interest in hie political for
tunes among members of his party that
was able to clog for days the wheels
of legislation.- Yet this was and Is true,
and through it the "sharnelessness of
St. Xiouls" has become the shame of
Missouri. In "other cities," says the
writer above quoted, "mere exposure
has been sufficient to overthrow a cor
rupt regime. In St. Louis the convic
tion of the boodlers leaves the felons
in control, the system intact, and- the
people spectators." This may be an
exaggeration, but if It is true, the
ninety-nine one-hundredths, slow to
rise, will be mighty In their power when
the awakening comes, and the name oi
Missouri and that of her great city will
be vindicated.
THREE XEW SENATORS.
In the new Senate there Is no more
interesting and promising group than
the three new men from Oregon, "Wash
ington and Idaho. "Without any dispar
agement of the ability of Senator Simon,
whose unsatisfactory career in the
Senate was largely due to circumstances
beyond his control. It must be frankly
said that the Pacific Northwest Is
greatly the gainer by the change which
sends each of these three new men to
the Senate. "Very undesirable as repre
sentatives of Pacific Coast Interests In
Congress, whatever their personal qual
ities, have been the Populists, Turner
of "Washington and Heltfeld of Idaho.
They have only served to diversify and
Intensify the misguided and discredit
able opposition to the United States
Government in its epochal period, be
ginning with May, 1898. Their states
and Congress are well Tld of them.
Senator Simon's successor will have
one great advantage over him In the
support and good-will of his colleague.
All that Mr. Mitchell can do for Mr.
Fulton In the way of desirable ac
quaintance, committee places, etc, will
no doubt be done, and it may be con
siderable. Fulton Is an optimist, more
over, and has the courage of self-confidence
and high if laudable ambition.
He thinks he will make a successful
Senator, and that alone Is no mean
equipment. He will not recklessly an
tagonize the Administration or the Re
publican leaders, but will avail himself
of the great possibilities of the co-operative
method. He is not a great man,
but there are very few great men in the
Senate. Their average ability Is not
greater than hie.
All three of our new Senators are
good men. They are good fellows, they
are men of affairs, they are men of the
world, they have been accustomed all
their lives to do things, and their ca
reers, like their present elections, have
been their own handiwork, achieved In
the open and maintained against all
comers. Judge Heyburn comes nearest
the Senatorial Ideal, for he Is a states
man in thought, habit, method and
training. Mr. Ankeny's position will be
high in business and social circles, and
his Influence therefore perhaps greater
than either of the others. Mr. Fulton
doubtless excels among the three In
the matter of personal popularity, and
history attests the power of friendship
in the world of politics.
These three men enter upon their Sen
atorial terms with the almost universal
support and well wishes of their states
and of their party In their states. The
contests were sharp In the Legislatures,
but the fighting seems to have left no
scars. All Idaho Is proud, as well she
may be, of Judge Heyburn, and will be
glad of all the recognition he Is able to
gain. After Mr. Ankeny's long struggle
for the Senatorshlp, his opponents seem
willing to let him enjoy It In peace and
make the most of It. Here in Oregon
there are few if any but who wish Sen
ator Fulton well. He will find the
business Interests of Portland, at least,
solidly behind him In his efforts to
serve the state with effectiveness, and
he will soon see a disposition not only
to hold up his hands In effort, but to
accord full credit for his every success.
There is no single end to which the new
Senators and their colleagues in the
three delegations should devote them
selves with greater assiduity than the
opening of the Columbia River at the
dalles and the improvement of the
channel below Portland., Any hesita
tion or shuffling on this matter will not
suit the people, who are already suspi
cious of the operations of transconti
nental railroads.
DAJTGER AXD AO DANGER.
Those agencies of public opinion
which are seeking to minimize the bear
ing of the Champion lottery decision
upon the problems of the trust get little
countenance In "Wall street. There, at
least, the possibilities of Congressional
Interference with monopolistic corpora
tions ore In a fair way to be under
stood. The Street's interest In trust
Jurisprudence is not partisan or aca
demic, but most vital and acute. It
wants not to reason or to speculate, but
to know; and for the cogent reason that
what Congress and the courts are going
to do with trusts makes all the differ
ence in the world. It will not avail the
financial world to hoot down the anti
monopoly utterances of the Supreme
Court. Any delusion It hugs will only
make Its disenchantment more painful
and the error more costly. It Is not
likely to borrow needless trouble or In
vent disaster where none exists.
Neither is It apt to burrow Its head in
the sand as a means of safety.
It is significant, therefore, that the
New Tork Financial Chronicle views
the matter with alarm. The decision,
it says, "has left a bad impression
among conservative classes." It looks
like "a dangerous departure." It com
pletely paves the way for another decis
ion "conferring upon Congress discre
tionary prohibition so broad as to en
able It to open and shut the doors of
Interstate commerce to whatever articles
It chooses." The Chronicle supports It:
view effectively In laying emphasis
upon the fact that the decision has
made lottery tickets articles of com
merce. This Is, of course, the only way
In which the lottery tickets could be
brought within the scope of the law.
The law for lottery tickets, therefore. Is
the law for other articles of commerce,
end what applies to them applies all
along the line. Add to this the declara
tlon that the power "to regulate" carries
with It the power "to prohibit," and
the way Is easy to the Chronicle's con
clusion that "discretionary power al
ready exists In Congress to shut out
articles from Interstate commerce
pretty much as it may will."
"We Incline to accept the Chronicle's
logic, but not Its forebodings. The Su
preme Court has Indeed deviated from
the view of the framers of the Consti
tution and from that of Its great inter
preter, Marshall, whose sympathy with
monopoly was perfectly clear. But this
is not saying that Marshall and the
framers were right, still less that the
correct view of their time is the cor
rect view for our time. Not to put too
fine a point .upon it, monopoly Is a bad
thing, and so the courts of today will
pronounce it. The fear that such rul
ings are dangerous, etc.. Is groundless.
Interstate commerce may, it is true, be
interdicted at will; but It will not be
Interdicted wantonly or without good
cause.
Freedom of domestic trade will be safe
from interference so long as it con
forms to the letter and spirit of public
needs. "When it departs from that con
dition it will make sure to incur the
penalty which public sentiment Is ready
to mete out, and which the courts can
not much longer withhold. The evident
tenor and purport of the Sherman anti
trust law and of the Interstate com
merce act have been long defied by the
corporations, both railway and Indus
trial Neither trade nor any other ac
tivity of private ambition Is to be per
mitted to defy the law and set Itself up
as higher and greater than the Govern
ment. This Is the resolute purpose of
the people, and the trusts will have to
face It In it there Is no danger. The
danger, and real danger, lies In the
other direction, and If the time ever
comes when there Is no disposition In
the courts to rule and In Congress to
legislate, for the people and against the
trusts, then the courts themselves will
last little longer than the trusts or the
Congress they control.
THE XEXT PAPAL ELECTION.
It Is reported that anxiety about the
pope's health causes some of the cardi
nals to postpone their departure from
Rome. This anxiety Is natural, f6r the
light of the life of a man who Is very
near his 93d birthday is easily extin
guished by a comparatively trifling ac
cident or sickness that would not be
fatal to a younger man. It Is true that
In very rare Instances older men than
the present pope have been vigorous
In mind and body after they had ex
ceeded his age by several - years, but
such Instances as the famous doge of
"Venice, Dandolo, are too exceptional to
make us hopeful that Pope Leo will
much longer survive. In event of his
death the college of cardinals would
doubtless elect an Italian to succeed
him. The time has been In the history
of the papacy when the choice of the
pope's successor was a subject for in
trigue among the great powers of Eu
rope. There have been popes who were
Germans, and Frenchmen; one pope was
an Englishman, and it Is said that Car
dinal "Wolsey had at one time hoped to
become the head of the church. Alex
ander VI was a Spaniard. But In mod
ern days the pope has ordinarily been
an Italian, and henceforth Is sure to be.
The governments of Europe no longer
have any weight on the sacred college,
which has become absolutely inaccessi
ble to external pressure.
The history of the papacy is the story
of the struggles for the freedom of the
vote In the conclave, which today Is a
supernational body on which parties
have no influence. It was at first se
lected by the clergy and the people, but
yielded soon to the pressure of the Im
perial court of Byzantium to have the
vote confirmed by Its officials. Then
followed the diplomatic supervision
usurped by the Emperors of Germany,
whose right of Interference was so
fiercely disputed by the famous Pope
Hlldebrand. The successors of Hllde
brand gradually lifted the conclave and
the central government ' of the church
to the leel of a great free power, but
the papacy was never entirely free from.
the direct or Indirect political Interfer
ence of the rival Catholic sovereigns
of Europe. Henry VIH of England
tried In vain to bully and browbeat the
pope Into granting him an unwarranted
divorce against his upright Queen;
Philip II of Spain made popes, and
Louis XIV of France never lost an op
portunity to subject the conclave to po
litical pressure In their choice of a pope.
Napoleon had no opportunity to dictate
the choice of a pope; but his brutal
treatment of the ruling head of the
church shows what might have been ex
pected of him. As late as 1S31 Spain
cast its Influence in favor of Gregory
XVI; Austria in 1S4G tried to prevent
the election of the successful cardinal;
France exerted political pressure In 1S7S
to defeat one of the candidates for the
papal succession.
In 1871 Plus IX abolished by a first
bull all Intervention by any state In the
election, but the so-called privilege of
Interfering with it did not come to an
end until Italy's entry Into Rome closed
the conclave to the powers. This priv
ilege of Interfering came to an end with
the pope's temporal power. There Is no
political excuse for the exercise of the
so-called privilege of "exclusion" which
was once claimed by the three great
Catholic powers of Spain, France and
Austria, and tolerated pnly out of pru
dence by the papacy, but never recog.
nlzed as of any legal force. The tem
poral power of the pope1 disappeared
with the enthronement of the house of
Savoy in the city of the holy see, and
this event logically ended all privileges
of foreign interference In the matter of
the election of a pope. The terms "right
of Inclusion" and "right of exclusion"
have ceased to have any present ma.
terlal enforcement, and are correctly
descrlbed as a "lost covering of a van
Ished organism." Until the temporal
power of the pope Is re-established the
papacy will regulate matters for Itself.
The powers of Continental Europe have
nothing to give as a quid pro quo In re
turn for the exercise of their ancient
privilege of the "right of exclusion'
in the matter of the election of a pope.
Leo Xin Is today the religious head
of millions, and because of his enormous
spiritual influence his good will and
good offices are sought by "Will
iam, the Protestant Emperor of Ger
many, but he is powerless to Influence
the coming election of Leo's successor
by any chicanery or solicitation. The
conclave that elects Leo's successor will
be freer than any that preceded it, be
cause the extinction of the temporal
power of the pope leaves no political ex
cuse for the exercise of the old-time
privilege of Interference by the Catholic
powers la the choice of the pope. No
thinking man, whether Protestant or
Catholic, can contemplate the history of
the papacy without recalling these
words of Macaulay's: "The history of
that church Joins together the two great
ages of the world. The line- of the su
preme pontiffs we trace back in an
unbroken series from the pope who
crowned Napoleon in the nineteenth
century to the pope who crowned Pepin
in the eighth; and far beyond Pepin
the august dynasty extends till It
lost in the twilight of fable. And she
may still exist In undiminished vigor
when some traveler from New Zealand
shall, in the midst of a vast solitude.
-take his stand on & broken arch of Lon- -
don bridge to sketch the ruins of St.
Paul's."
The Oregon State Journal complains
that the Legislature passed a flat salary
law which raises the salaries of the
state officers. A score of other papers
of the state are complaining because
the Legislature did not pass a flat sal
ary law. The fact of the matter Is that
the flat salary bill passed the House
but was defeated in the Senate. A bill
passed both houses raising the salary
of the 'Superintendent of Public In
struction from 52500 to 53000. The sal
aries of the Supreme Court Judges were
raised from 53500 to 54500. The office of
Superintendent of Public Instruction Is
not a constitutional office. The consti
tutional salary of the Supreme Judges
Is 52000, and they have been receiving
51500 additional for holding a term of
court In Eastern Oregon. The last
Legislature' required that two- terms of
court be held In Eastern Oregon each
year, and Increased -the compensation
for this service to 52500, making the
total salary 54500. No other state sal
aries were changed, and no Incomes af
fected, except that the passage of the
EQdy corporation tax act cut off about
51600 a year from the fees of the Secre
tary of State. Two new salaried offices
were created. These were the office of
Labor Commissioner, with a salary of
51800 and expenses amounting to 5S00,
and the office of clerk of the State
Board of Health, with the salary jot
the clerk and expenses of the board not
exceeding 55000.
Mrs. Florence Maybrick is, If Is said,
slowly working out her release from
Newgate prison. Her behavior Is most
exemplary, and, according to customary
usage In British prisons, she could be
liberated in April, 1904, without re
proach to the English court, upon the
findings of which she wa3 committed to
eerve a life sentence for the alleged
murder of her husband. The voice of
Mrs. Maybrlck's most eloquent advo
cate, Miss Abigail Dodge (Gall Hamll
ton), has long since been silenced by
death, but her plea for her. country
woman will long be remembered by
American women, in whose name and
in the name of Justice It was urged
If Mra Maybrick is Innocent of the
death of the bibulous old Englishman
whom she married, she has been suffi
ciently punished for her folly and
cupidity In marrying him; If she Is
guilty, there were extenuating circum
stances in the case of which the'popular
Judgment takes cognizance, even while
It Is admitted that the Judicial Judgment
has no right to recognize them. If she
snoum oe granted a release e year
hence for "good behavior," the Ameri
can public will forgive her provided
she refuses to enter the lecture field.
In May, 1775, George "Washington, on
his way to Congress, met the Rev. Jona
than Boucher, of Annapolis, In the mid.
die of the Potomac. "While their boats
paused the clergyman warned his
friend that the path on which he was
entering might lead to separation
"Washington said: "If you ever hear of
my joining m any sucn measures you
have my leave to set me down for
everything wicked." "Within nine
months after that utterance, namely,
on January 31, 1776, "Washington wrote
from Cambridge to General Joseph
Reed: "A" few more such flaming argu
ments as were exhibited at Falmouth
and Norfolk, added to the sound doc
trine and unanswerable reasoning con
tained In the pamphlet 'Common Sense,
will not leave members at a loss to de
clde upon the propriety of separation.'
The selfishness of residents who wish
to shut a car line off a street because
Jt Is the street they live on ought not
to be considered. Residents and prop
erty-owners on any particular street
are no better than those on. another.
Every car line in the city passes the
"doors of numerous residents; some of
whom don't; like It, perhaps, but their
opposition has to give way to the con
venlence" of the public. This condition
Is inseparable from living In -& city
There Is not much public patience with
the protests of a local "aristocracy'
against "annoyance" from those who
must get past the houses of a "fine dls
trlct" in order to reach their own
homes.
The walkout from the Oregon City
High School of one-half the June class
because one of their number was sus
P ended for disobedience presents
serio-comic aspect. Later on In life the
boys who took this .foolish step will see
that the school suffered nothing by their
expression of displeasure at Its disci
pline. The penalty. If any, -will fall
upon themselves In the way of abridged
opportunity for education.
One telephone system will serve the
city better than two, and will sav
those who most use the telephone, now
a necessity of business and social life.
the expense of maintaining a double
or manifold system; and at the same
time 'it will prevent the multiplication
of wires on the streets.
Cardinal Vannutelll, recently appoint
ed to the office of sub-dean of the sa
cred college at Rome, or vice-chancellor
of the Catholic Church, is regarded as
a promising candidate for the papal
chair when It shall become vacant.
Trust Leslslation.
Omaha Bee.
L Of course Democrats are predicting that
the legislation passed will be Ineffectlv
It was to be expected they would do this
but people who are familiar with the unl
form failure of Democratic predictions
will attach no Importance to the latest
one. The country has confidence that the
admlstratlon will spare no effort to en
force this legislation and will await re
sults. We believe that the anti-rebate
bill will prove effective and we do not
doubt that when the bureau of corpora
tlons In the new department Is In opera
tion the public will be given all proper
and necessary information in regard to
the organization, conduct and management
of the business of corporations, except
common carriers, engaged- In commerce
among the states or with foreign coun
tries. Let no one be disturbed by the
professed apprehension of Democrats that
this legislation will fall of its purpose, re
membering the persistent Democratic cry
that the Republican party was controlled
by the trusts and therefore would do
nothing adverse to them.
Living: Forever.
St. Louis Republic.
" If dreams of the scientists should ever
be realized death will become only a
memory or a superstition. In order, to
live forever It will only be necessary to
keep formalin and salicylic solution In
the house and have a surgeon In the
neighborhood, so that operations for ap
pendicitis may be performed on demand.
It will then be up to the railways to
make this world an Elysium.
QUESTION STILL OPEN
New Tork Times. .
We observe that with the exception of
the Journal of Commerce none of our
ew Tork contemporaries agrees with the
view held by the Times that in its decis
ion in the lottery cases the Supreme Court
has not decided the whole question of Fed
eral power over interstate commerce. The
Journal of Commerce puts the matter in
this way:
Ths most interesting auestlon then was
-whether reflations could go to the extent of
absolute prohibition. According to tee major
ity of the court rendering tho decision, that de
pends upon circumstances. In the case of lot
tery tickets. 1C Is Justified by the nefarious
character of the traSc and Its prohibition In
the states. In the case of diseased cattle It 13
Justified by the Incidental harm that the traffic
entails. As to the extent to -which prohlbluon
may be applied, the court contents Itself -with
saying that "the power of Congress to regulate
commerce amonr the states, although plenary,
cannot be deemed arbitrary, since It Is subject
to such UmttaUons or restrictions as are pre
scribed by the- ConstltuUon." It may not bo so
exercised "as to Infringe rights secured or pro
tected by that Instrument." How far It may
be used to suppress practices that create or
support monopoly Is left a suggestively open
question.
That the decision In the lottery cases
leaves open the question whether the
court would sustain the Constitutionality
of an actof Congress prohibiting Inter
state commerce in articles Innocent In
themselves, for Instance, steel, copper,
coal, or other products of so-called trusts
combinations, has been and Is the
opinion of tho Times. We find the au
thority for this opinion In the very lan
guage of Judge Harlan, who says in the
lottery case opinion: "We decide nothing
more In the present case than that lottery
tickets are subjects of traffic ...
and Congress may prohibit the carriage
of
such tickets from state to state."
Tho present case," says Judge Harlan,
does not require the court to declare the
full extent of the power that Congress
may exercise In the regulation of com
merce among the state." And again, re-
lernng to ue question wnetner congress
may arbitrarily exclude from commerce
among the states any article, commodity,
or thing of whatever kind or nature or
however useful and valuable." the court
says: "It wijl be time enough to consider
the Constitutionality of such legislation
when we must do so." That Is, the court
reserves to Itself full liberty to treat the
octopus as may seem good to It when the
animal shall stalk Into the courtroom.
We have read with interest the articles
In which our contemporaries, reasoning
from the "logic of the decision," from its
trend." and fro mthe probabilities of the
case. Ingeniously argue that by this de
cision the court has affirmed the principle
that the power of Congress to regulate
or prohibit Interstate commerce In any
kind- of merchandise Is unlimited. For
ourselves, we must heed the significant
warning of the court Itself not to stretch
the scope of Its opinion beyond the limits
expressly Indicated. Courts are not bound
by tho deductions, whether logical
otherwise, which outsiders may draw from
their opinions.
me supreme uourt in tne tottery case
divided 5 to 4 upon tho Government's con
tentlon that Congress has authority to pro
hibit interstate traffic In lottery tickets.
If a statute prohibiting Interstate com
merce In the products of a trust or com
blnatlon should ever come before the
court, and if even one of the five majori
ty Judges should then hold the opinion
that the reasoning in the lottery case
which applied to guilty merchandise was
inapplicable to innocent merchandise, the
Constitutionality of the statute would not
be 'affirmed. The decision would then be
to 4 the other way. But all speculation
as to what the court might hold as to
law which Congress may never pass Is
wholly In the air. The. views of Judge
Day upon the Constitutional power of
Congress to regulate Interstate commerce
are a subject of interest. .He is a new
member of the court. The theory Is al
ready advanced that the President, de
spairing of a Constitutional amendment to
enlarge the powers of Congress, has put
Judge Day upon the bench In order to
secure from the court a decision to his Ilk
Ing. It Is to be remembered, however,
that the general opinion Is that in appoint
ing Judge Day he has made good an as
surance given by President McKlnley.
Naval Inefficiency.
Philadelphia North American.
Guns that do not shoot at the right mo
ment -and gunners who can't nit anything
when they do shoot aro new things In the
American Navy, If history Is reliable, and
the quicker such innovations are discarded
the better for the country. Persistent
target practice, thanks to the foresight
and energy of Assistant Naval Secretary
Roosevelt, accounted for the remarkable
victories of Manila Bay and Santiago. It
has been taken for granted that the su
perlority of American gunners, established
by the results of those battles, has been
maintained, but Admiral Dewey dispels
that comforting hallucination and shows
that It was fortunate In more ways than
we dreamed of that the Navy was not
called upon to sustain the Monroe Doc
trine during the recent .Venezuelan im
brogllo. There Is much clamor for
great Navy, for more battle-ships and
bigger guns, but it would be more to the
purpose to make the Navy we have effl
cient by arming It with practicable ord
nance and manning the ships with men
who can shoot straight.
"Mnx" Is Still IUmpant.
Pueblo Chieftain.
Special Agent Max Pracht, who signs
himself "of Oregon," Jumped on ye edl
tor yesterday because of the statement
that Senator-elect Charles W. Fulton, of
Oregon, was a lawyer, and Insisting that
In his case the word should have been
spelled with a capital L. "Not only is
he a Lawyer," said Max, "but he stands
6 feet 2, weighs 220 pounds, and can lick
his weight in wildcats, and Oregon has
once more a blooded team In the Sena
torlal harness. Mr. Fulton Is not of the
class of lawyers such as we had down In
Jackson County when the Populists were
rampant. They, you know, objected
sending lawyers to the Legislature they
wanted farmers to represent farmers: but
nevertheless they put a little fellow on
their ticket who had a new sign with "at
torney-at-law" painted on It- Fault being
found with them for such a departure
from the faith his Republican opponent
excused them on the ground that 'he was
not lawyer enough to hurt.' "
Power in the Farmer's Hands.
TJtica CN". T.) Observer.
The farmer who reads of the great cor
porations that bear so Important a part
In the commercial and Industrial world
of today Is very apt to think of himself
as outside the pale of those who exert
controlling Influence on the community
at large. And Vet In thl assumption he
Is far from the fact. The time never was
In the history of this country when the
farmer occupied the prominent and lm
portant position as concerns his relations
to the city that he occupies today. The
city never was more absolutely dependent
upon the country than now, and the degree
of that dependence is steadily Increasing.
A Versatile Convict.
Louisville Times.
Since the granting of his pardon a week
ago Cole Tounger has committed suicide
In Connecticut, purchased a Wild West
show, denied thrice dally his intention of
becoming an actor and has entered upon
his- career as an author.
Farewell! Since JTevermore.
Thomas K. Hervey.
Fare-well I since nevermore for thee
The sun comes up our earthly skies.
Less bright henceforth shall sunshine be
To some fond hearts and saddened eyes.
There are. -who for thy last long sleep
Shall sleep as sweetly nevermore.
Shall weep because thou canst not weep.
And grieve that all thy griefs are o'er.
gad thrift of love! the loving breast.
On which the aching head -was thrown.
Gave up the -weary head to rest.
But kept the aching for lt3 own.
EFFECT OF OPEN RIVER.
Wilson Crek Chief.
The improving of the Columbia River
means more to the people of Eastern
Washington and Oregon and Western
Idaho than many of them are wont to ob
serve. Aside from the direct benefit of
having a. -waterway for the transportation
of freight It will mean a great reduction
In freight rates. The Baker City Herald,
of Baker City, Or., has taken the trouble
to lock up the freight" rates between points
affected by an open river and points on
the river above the obstructions. Arling
ton, Or., is located on the Columbia In
Gilliam County and 54 miles from The
Dalles. The Dalles has an open river and
Is SS miles from Portland. The rate on
wheat from Arlington to The Dalje3 Is 11
cents per hundred weight, while from The
Dalles to Portland, almost twice the dis
tance, the rate on the same product Is
only cents per hundred weight. The four
class rates are: Arlington to The Dalles,
first class, 53 cents; second class, ism'.
third class, 42 cents, and fourth class, 35
cbnts. From The Dalles to-Portland, first
class. 25 cents; second class, 20; thlrdl
class. IS. and fourth class, 15 cents. This
shows that 150 per cent more per mile Is
chargea from Arlington to The Dalles
than from The Dalles to Portland. Tne
competition of river freights has operated
to put these rates In effect between The
Dalles and Portland. And with the ob
structions removed from the river, the
same force will operate to reduce the car
rying rate from Lewlston, Idaho, and from
Brewster or even Kettle Falls In Wash
ington. The grain of Eastern Washington must
find an outlet to tidewater and If It can be
hauled to Portland more cheaply than to
Seattle It should be marketed there. But
the fact Is it cannot be, except from a
small portion of the grain-growing sec
tion of Eastern Washington. The natural
consequence will be a reduction of rates
to Seattle to a point at least equal to
hat made to Portland, and doubtless less.
The change would probably not affect the
number of bushels of wheat received at
Seattle, but large areas of wheat land
hat are now untitled wlu be speedily
opened to wheat growing.
Too much stress cannot be laid on tne
opening of tho Columbia. River to naviga
tion, for there Is no one thing that would
open so much new territory to the settler
or aad to the profits of those already here
as a water route to the seaboard.
Frelgb-t v. Express.
Boston Herald.
The Pennsylvania Railroad Is com
mendable for taking off Its fast passenger
train to Chicago at this time In order to
give Its freight trains a better opportunity
and to relieve the congestion. That Is the
alleged reason, at all events, and If It 13
the real reason It Is a sufficient one.
Whether the twenty-hour special flyer
between New Tork and Chicago has been
a profitable train we do not know. It Is
said to have required an outlay of half a
million dollars, and It Is certain that It
required the side-tracking of freight
trains for long stops In order that it
micht have a clear and safe course. It
hinted that other express trains on
the same line may be suspended in order
to facilitate the movement of freight and
relieve the congestion that Impedes bus!
ness. On the whole, fast freight trains
may be more necessary to public prosper
ity and happiness than fast passenger
trains, or It may be that the number of
fast passenger trans Is In excess of pub
lie reauirement. To take off the special
flyer may have been something of a sacri
fice to pride, .but that can be borne It a
larger number of patrons are satisfied.
Addlckx and Quay.
New Orleans Times-Democrat.
There Is no human being in the world
that has not some trait of character that
commends -him to his fellow beings. It
might bo assumed that the commendable
trait in the character or visas aian aq
dicks, of Delaware, who Is now and has
been for some years trying to DreaK into
the United States Senate, Is well hidden.
but in fact the trait lies very near the
surface. There Is probably no difference
whatever between the objects aimed at by
the Delaware gas man and by the Senator
from Pennsylvania who has at the moment
the Senate of the United States in a dead
lock, but there is a vast difference In their
methods. Quay tlses the rapier, Addlcks
the bludceon. What Quay does overtly
Addlcks does frankly and with a certain
oride. Quay has the finesse of his wea
pon. and Addlcks the iranK brutality or
his. While Quay's wily trail is leaving
the -public in doubt of his Intentions, Ad
dicks candid brutality Is clearing the
air.
Roguery In Special Pensions.
Kansas City Journal.
The special pension system ought to ba
abolished entirely. The general pension
laws of the United States are just and
exceedingly liberal. The applicant who
cannot measure up to the requirements
of the statutes and the department Is,
nine hundred and ninety-nine times out
of a thousand, unworthy of tho claim
which he makes against the Government,
This we say on the authority of half
a dozen Pension Commissioners who have
reported tho evils of tho special pension
system time after time.
The Race Question.
Life.
The South complains that the President
ihas forced the race question, but It Is the
South that has forced It, not he. He has
met, not made, the situation. It is one
that calls for all the wisdom or tne ser
pent, and all the harmlessness of the
dove. It 13 hard in tne JNortn to mane
anvthlne like a fight for the negroes
which will not do them more harm than
eood. and yet the North would be 111
content with a President who was not
solicitous to discover and perform hl3 full
duty In their behalf.
"Sot Asin' " Court Dress.
Washington Post.
The neoole In this country may bo
triflft crude and cause those of our for-
dm representatives who are taking to
court dress to feel ashamed of us, but
-nro fonr thev are too firmly "set" In
their views to be moved.
Children.
H. W. Longfellow.
Come- to me. O ye children!
For I bear you at your play.
And the Questions that perplexed me
Have vanished quite away.
Ye open the Eastern windows
That look, towards the sun.
Where thoughts aro singing swallows.
And tha brooks of morning run.
In your hearts are the birds and the sunshine,
In your thoughts tne Droomei s now.
But In mine Is the -wind of Autumn,
And the first fall of the snow.
Ah! what -would the world be to us
If the children were no more?
We should dread the desert behind us
Worse than the dark before.
What the leaves are to the rorest.
With light and air for food.
Ere their sweet and tender Juices
Have hardened Into -wood-That
to the world are children:
Through them it feels tha glow
Of a brighter and sunnier climate
Then reaches the trunks below.
Come to me, O ye children! .
And whisper In my ear
What the birds and the -winds are singing
In your sunny atmosphere.
For what are all our contriving.
And the wisdom of our books.
When compared with your caress. .
And the gladness of your looks?
Xe are better than all the ballads
That ever were sung or said;
For ye are living poems.
And all the rest aro dead.
NOTE AND COMMENT.
The $1500 yearly may induce Oregonian.
students. to spend three years at old Ox
ford. '
Our trials are gradually diminishing.
The Oregon Legislature and Congress are
out of the way.
With lesa than an Inch and a half of
rainfall In February and the street sprink
ler running In the. early days of March.
Oregon's reputation for molstness will
need revision.
There Is one important difference be
tween Roberts and Smoot, and It will
probably be reflected In the treatment at
Waslhngton. Smoot Is a Republican,
Roberts was a Democrat.
The Macedonians of today are no more
like the phalanx that destroyed the Per
sian Empire than the Greeks of the pres
ent time are like the "deathless" Spartans
who defended the Pass of Thermopylae.
An original "forty-niner" returned to
San Francisco the other day, and because
he could find none of his former com
panions committed suicide. He seemed to
know where to look for them- Richmond
Times-Dispatch.
Morgan and Rockefeller are likely to
come Into collision through the purchase
of Popocatapetl. Of course. Rockefeller
has acquired title to the volcano, ana
will hold It, but the old spouter is contin
ually spitting up stuff from the Interior
of the earth, and tho earth Is Morgan's.
After a heated debate between anu-
Wolcott and Wolcott Republicans, tha
Colorado House passed the Breckenrldga
bill providing for the nomination by each
party of five Senatorial candidates to bo
voted on by tho people, and the one re
ceiving the highest vote to ba supported
the party in the Legislature. This
was considered a decided victory for the
anti-Wolcott men.
9
Who'll get the reward If the man cap
tured at Elma proves to be the Olympla
murderer and Jallbreaker? The officer
who took him at Elma still stoutly avers
he had the right man, but could do noth
ing In face of the failure of the Olympla
logger to Identify the prisoner. Now tho
Taklma officials will try their hand. If
the first capture was right and the man
was voluntarily ' released, Is there any
valid reward for the prisoner at this time?
Writing of "Real and Sham Natural
History" in the March Atlantic. John .bur
roughs puts Mrs. Fannie Hardy Eck-
strom's "Bird Book" and ner worK on
the woodpeckers among the real natural
histories, and says they are "fresh, orig
inal and stimulating productions." He
says Ernest Thompson-Seton Is a ro
mancer In the field of natural history, and
the Rev. William J. Long still worse.
Much of Mrs. Eckstrom's work was done
at Oregon City, where her husband, since
dead, was a young Episcopal rector a
few years ago.
That rather amusing body, the New
Tork Board, of Aldermen, wa3 shocked
by a resolution introduced by Alderman
McCarthy, to Indorse the spanking by the
husband of his wife or grown-up daugh
ters If they should fall to reach home at
10 o'clock In the evening. This was a re
sult of the decision of a Long Island Mag
istrate In the case of a citizen who had
enforced this penalty without warrant of
law. The Magistrate decided tnat ne was
acting within his right as head of the
household. It Is almost past belier, oui.
the New Tork Aldermen "threw down
McCarthy.
Secretary "Shaw puts his sentiments on
a very important matter in this form:
Tm will hear with me that there Is nothing
In the world so well worth looking after as the
boy. and I think you will agree wltn me inac
there Is no belng in the world so much neg
lected as the boy. There Is little place, scant
room for him. .
So lomr as he wears curls there are birtnaay
parties for him, but not afterward. There are
parties and teas and seats at the table, when
guests are at the home, for girls, and I am
glad of It. I wish there were more for boys.
We chaperone our girls, and not too carefully.
but we leavo the boy to choose his associates
and his environments with much advice and
very little .guidance. Girls are naturally win
some, gentle, companionable, ana are welcome
In all homes, but I do not know of many homes
where boys are Invited. About the only door
that swings with sure welcome to tne boy,
about the only chair -that Is shoved near the
fire, especially for the boy, about the only
place where he Is sure of a welcome Is where
you do cot desire him to go.
Should. Have Her Monument.
Springfield Republican.
A singular disregard of the whole objecti"
of a poor woman's starving herself ttf
death is contemplated in Mount Vernon,
N. T. This woman, Johanna Meyer, was
bent on having a handsome monument
erected over her grave. So she tried t
live on 5 cents a day, cooking her meager
food on a gas stove In her room, al
though It Is now found that she had $2300
in the German Savings Bank In New
Tork City. She did not draw from this
fund to support herself, just because she
wanted a monument. Now It Is said that
she will be buried lh the potter's field, the
place of the poor, because nobody knows
where her relations are. It would- seem
to be a simple thing to carry out nor
wishes. Is there not a public adminis
trator In New Tork to do this? ir not.
where do her hard-earned savings go? To
the state? She had as good a right to
mausoleum as any of the munonaire3
whose ostentatious tombs disfigure Wood
lawn and other cemeteries In the environs
of the great city.
Continuous Naval Increase.
Public Opinion.
From the number and earnestness of
the demands now being made that we
should largely Increase our naval pro
gramme It might be supposed that the
United States was standing stlU In this
particular. On the contrary, wa are al
ready at work on 24 large ships, of
which 13 are battleships, while France has
under construction only nine battleships,
Germany ten and Russia ten. The extent
to which we are exceeding those countries
in naval construction Is better exhibited
in a comparison of tonnage of ships under
construction: We have 324,351 tons,
against France's 277,915, Germany's 153.510
and Russia's 140.553. But it is to be re
membered that the construction abroad Is
merely a part of a programme extending
over a number of years, while ours may
or may not be continued. It Is toward a
continuous future programme that our
advocates of naval expansion should work-;
for the present we are doing very well.
its Paternity in Dispute.
Atlanta Constitution.
The President wants it understood that
the Llttlefleld "antitrust" bill was in no
sense an embodiment of the Administra
tion Idea, and Representative Llttlefleld
mournfully protests that a basket baby
was substituted for his legislative off
spring. Now If good Deacon Rockefeller's
"counsel" would only tell the bald-beaded
truth about that bill's paternity.
Bryan Gets Even.
Kansas City Star.
Mr. Bryan says Addlcks, of Delaware,
"represents the average BepubUcan," la
this way getting even with those Repub
licans who cite Bryan as an average
, Democrat-