THE MOBNING OEEGONIAN, SATDBDAY, AUGUST 1, 1903.
OTIS IS PLEASED
Responds to Los Angelans'
Congratulations.
HIS STAND ON LABOR QUESTION
Proprietor of the Loa Anj?ele Tlmea
Believes Tenets of. Organized Labor
Are Oppoed to the Republican
Form of Government.
IXS AXGELES. CaL, July SL-On July
a committee of prominent citizens of
Los Angeles called on General Harrison
G. Otis at his home. "The Bivouac," in
this city, and presented him with a tes
timonial Indorsing his sand oa the labor
question, and expressing appreciation of
the stand taken by the Los Angeles Times
In Its light for "individual liberty." The
testimonial was signed by 300 of the most
prominent business men of Los Angeles.
The reply of General Otis has Just been
made public. The address Is as follows:
ITo General Harrison Gray Otis, Editor-in-Chief
Los Angeles Times. Greeting:
"Tour fellow cltlxens with unfeigned ad
miration for your genius as the editor of
a. great paper, and appreciation of your
worth as a man. desire hereby to assure
-you of their hearty and cordial support.
In your battle for Individual liberty; un
der your leadership the Los Angeles
Times has fought and won a great victory
for equal rights.
"That the City of Los Angeles and
environment is free from the tyranny of
misguided agitators, Is chiefly due to the
iearless advocacy of the rights of all
men and the relentless condemnation of
demagogues by the Times.
"We are mindful of the fact that the
majority of the business men and em
ployers of labor have come from the ranks
of the common people. Inheriting nothing
save love of country and willingness and
capacity for work. We believe that the
future of this country depends not only
upon free schools and a free press, but
also freedom of action under the law.
"The ambitious youth must not, shall
not, be dwarfed In his desire or oppor
tunity, nor hindered In his effort to reach
the goal of success, whether in the work
shop, the fields of commerce or along the
hignways of professional life; we de
mand for our fellows and for ourselves
the individual freedom that becamo our
heritage upon the Republic's birth.
"We congratulate the City of Los An
geles and the State of California that
through you the principles of eternal
truth and justice are presented daily, in
the homes of California in the columns
of the Los Angeles Times."
In the course of his reply General Otis
said;
"You and your fellow-citizens have seen
fit to commend our course in a Just bat
tle for liberty regulated by law, for In
dustrial freedom and the equal right of
all honest workers without distinction.,
to exploit, in a lawful way, every legi
timate channel of human activity.
"For your voluntary commendation,
your substantial support and unexpected
praise. I and my co-workers In this fleld
of duty return our best thanks. To be
praised by such a body of citizens as the
signers of this unique address fairly
representing, as they do, the worth, the
strength, the influence and the business
solidarity of the city Is an honor Indeed.
Tou are our Immediate fellow citizens
and close neighbors, and know whereof
you speak; you are able to place a cor
rect estimate upon the character and to
Judge the Journalistic and personal con
duct and career of the citizen whom you
address to estimate them more accurate
ly, perhaps, than can any other equal
number of men anywhere.
"If I have been so fortunate as to ren
der any valuaDie service to the people of
my city to the cause of Industrial pacifi
cation and independence here or in the
country at large I am glad Indeed. I
have performed no more than my duty
as a citizen and Journalist. No conspicu
ous jsuccess could have been achieved
without your powerful backing and fear
less aid.
"You exalt me and mine by your high
approval of our course in the defence of
a principle vital to the welfare of society,
business and government: yet I do not fall
to recognize the truth that your strong
and timely words have an application
and a significance far beyond my own
personality. I can well understand that
among so many good men, scores and hun
dreds In number, whose names are signed
to this striking and beautiful address,
embracing both employers and employed,
there must bo those who do not by any
means agree with me In other things,
and who are able to give reasons for their
faith -reasons that I would not under
take to question here. Therefore I ap
preciate all the more highly their manly
and unselfish action in this behalf. They
have generously waived differences and
Joined In commending public utterances
and acts demanded by the strenuous needs
of the hour, and designed to promote the
general welfare.
"You. citizens of Los Angeles, were
among the first to descry the danger signs
In the Industrial sky. Your far-seeing
sagacity has accurately forecasted the
logical, the inevitable outcome of the
prevailing movement in the perilous di
rection of Industrial usurpation and des
potism, unless that movement be firmly
checked by the mighty power of an
aroused public opinion brought to bear
directly against it. For Industrial des
potism, as we have seen, when once in
the saddle.' has no logical halting place;
It does not of Its own volition stay its
march; no 'labor leader has the sense
or the patriotism to cry 'Halt,' to his
followers at the supreme moment, namely
before the head of the column has neared
the danger line. That perilous march
if not stayed by the power of public
opinion, must In the end be rudely ar
rested by the strong arm of the Govern
ment. In order that no encouragement
shall be given In -the future to like at
tempts at yet further aggressions upon
the Inalienable rights of citizens.
"By far the worst phase of the labor
problem lies in the fact that so-called
'organized labor Is so often badly ad
vised and lgnorantly led. Too many of its
leaders have shown. In conspicuous in
stances, an utter lack of any accurate
conception of the true spirit and genius
of our republican system an utter dis
regard of the lawful rights of that far
larger body of workmen, who are not up
in the ranks of the labor leagues. They
have shown themselves to be. not true
friends of labor, broadly speaking, but
its narrow and deluded enemies. They
have proved themselves to be blind, un
safe leaders. They have exhibited small
knowledge of the true principles of indus
trial economics. By this course in prompt
ing strikes and consequent Idleness they
seem to ay to workingmen: 'Idleness Is
better for you than employment; stop
work and live oft the others. Such ad
vice is folly and madness concentrated.
The man who advises another to refuse
employment and wages, when he needs
them, is a bad counselor.
"You have detected the danger that lies
in the monstrous doctrine that the In
alienable right of labor, and to labor
freely, shall be confined to the few and
not be open to all; that one class of labor
because It Is banded together, possesses
superior right; that It can dominate
other and more numerous classes of labor
for the reason that they are unorganized;
that the right not to organized is less
sacred under the constitution and the law
than the right to organize.
"We oppose these Impudent pretensions
on the part of those who would establish !
a labor oligarchy and create an insuffer
able monopoly In a universal commodity.
It Is an unjust, an Indefensible, a de
structive doctrine. Carried to its ultimate
conclusion It would undermine our re
publican system, sap the foundations of
the Government, and substitute the un
controlled will of the few for the lawful
rule of the many, for true It Is that the
great body of labor In this country Is un
organized, that It does not seek to organ
ize, and in the very nature of the case
must remain unorganized. Even in the
ranks of banded labor are countless
scores of men who are not there of their
own free choice; they are unwilling sub
jects, and chafe under an insufferable
thralldom.
"We stand for the better, the more ra
tional and ju.-t doctrine that has been re
peatedly set forth by me. in the past. In
these words:
"The lawful right to every citizen to
pursue, undisturbed and unhampered, any
lawful occupation of his choice la a law
ful way and to be protected In that right
by the whole power of the state and of
the nation. If need be.
" The right to labor is fundamental and
Inalienable; It antedates labor leagues
and huraaa laws. It is a pre-eminent
right of all American citizens, and can
never be taken away without first revolu
tionizing the government. But there will
bo no revolution: this sacred risht, vital
to republican liberty, will be protected,
defended and preserved by brave freemen
who prize It; and all who dare assail It
will be foiled In their wicked attempt.
' 'Labor strikes, boycotts and picket
ing, proscription and abuse of other work
menall these, with their concomitant
evils, are indefensible and dangerous, and
when accompanied by violence they be
come conspiracy. The Government,
though it may travel with leaden heel,
cannot tolerate conspiracy or Insurrec
tion. It moves, and must move, when the
overt act has been committed. In the last
resort, when civic and industrial rights
are denied and Invaded, when the -lair is
defied, when violence breaks forth, when
all other measures have failed, then comes
the ultimate resort, military force: for
the law must be enforced by whatever
effort; the public peace must be preserved
at whatever sacrifice: Insurrection must
be put down at whatever cost.'
"The government of tho state and of
the United States cannot and will not
sit supine and see the edicts of their
courts defied, their laws trampled upon,
private and public property destroyed or
citizens maimed, murdered and maltreat
ed. If such acts be permitted, anarchy
ensues. But there will be no anarchy;
ours Is a government of law, and In Its
system resides the power to enforce Its
decrees.
"But how much better it would be could
the ultimate resort be averted. How much
better for the whole body of law-respecting
citizens so to act in such emergencies
as we have witnessed, almost without
number, within recent years that the last
dread alternative may never become
necessary. How much wiser It Is to bring
t,o bear. In good time, the tremendous
power of a peaceful though terribly ear
nest public opinion, commanding that law
shall have sway; that uniform privileges
shall prevail in the fleld of industrial ef
fort; that unjust discriminations shall
cease: that all persons, without dis
tinction, shall have the equal right to
labor and to enjoy, without the burden
of private tax. the fruits of their labor:
that. In short. Industrial liberty and in
dustrial equality shall be the rule In the
land, as contemplated by the supreme
law.
"How much better would such a line of
civic action be than to suffer things to
drift along to the verge of a common
peril. If by general and concerted action
peace-loving citizens are able to stave
off the sorry day when the rumblo of ar
tillery wagons and the tramp of armed
soldiers may fret the air ofour streets,
should, uphapplly, these servants of the
Republic ever be called to enter upon the
grim work of asserting the National
authority and protecting peaceful men
and women, who shall say that such
citizens are not patriots In the best sense,
not the truest supporters of the common
wealth, not the best friends of labor It
self? "AH these saving measures are within
the possibilities, if brave and free citizens
throughout the union will unite, organize
and act, as they have already begun to
do. Distinct progress has been made in
many quarters In New York, Omaha.
Kansas City. Los Angeles and other less
er cities. The good work goes forward;
It cannot, must not cease till complete
safety shall have been secured."
TELEGRAPHIC BREVITIES.
Four new cases of plague have ap
peared at Ioulquc, Chile.
The bakers' strike at Santiago. Chile,
is spreading and only a few shops are now
open.
New York papermakcrs have gone on
a strike to secure recognition of their
union.
Boer Immigrants who recently estab
lished u colony In Chile have discovered a
large gold field.
The levying of countervailing duties on
imported and bountied sugar has been
extended to March 31. 1904.
Charles B. Hare, of Ann Arbor. Mich.,
has accepted the appointment of Govern
ment bacteriologist In the Philippines, at
a salary of $1500.
Bishop-elect Hendrick. of Cebu. P. I.,
formerly of Rochester. N. Y., sailed yes
terday for Rome. He will return to this
country In the Fall.
Sidney King, a negro, was hanged in
the Jail yard at Birmingham. Ala., yes
terday for the murder of Orrle Byron, a
negro convict, in July, 1902.
Robert Lee. who shot an Evansville.
Del., policeman and started a riot that
resulted in the death and Injury of many
citizens, died in prison yesterday.
Alexander Means and Will Starks, two
negroes, were hanged at Montgomery,
Ala., yesterday for the murder of Flem
ing Foster, a negro, near LaGrande. Ala.
Seven hundred and eighty-five young
men are candidates for admission to Yale
In the undergraduates entering classes of
next September. Last year the total was
KSL
Secretary Root has directed the sale of
the military reservation known as Co
lumbus Barracks at Columbus, O., 60 days
from date, at its appraised valuation of
$290,000.
'ine entire family of D. W. "Ward, a
merchant of Ballagh, Neb., was poisoned
by eating sardines. Mr. Ward and two
children are dead and a third child is
dying. Mrs. Ward will recover.
Edward T. Sykes. a Mobile, Ala., book
keeper and well connected, committed sui
cide today by shooting himself through
the heart. Despondency over a love affair
Is given as the cause of the deed.
H. E. Gregory, a Georgetown. Colo.,
union miner, has been arrested on a war
rant charging him with making threats of
blowing up a dam. which would cripple
a mine nc'dlng out ogalnst strikers.
Owing to tho numerous strikes during
the Summer by men employed In the rapid
transit subway. It Is likely that New
Yorkers will be compelled to do their
ttavdlng above ground until the first of
next April.
L Murphy, ex-treasurer of the Journey
men's Stonecutters Union, who embez
zlea $12,000. was sentenced to nve years
and six months in prison yesterday. His
last words to the court were that all of
the officers of the union shared In the
graft.
Attorney-General Knox has purchased
a summer home near Valley Forge. Pa.
During the encampment at Valley Forge
of the Continental Army, one of the
buildings upon the place was the head
quarters of General Knox, ancestor of the
Attorney-General.
Ben W. Stearnes, the one-armed life
prisoner who escaped Sunday from the
Federal prison at Fort Leavenworth,
Kan., was captured yesterday near Rich
mond. Mo., after JSeing shot In the leg
by one of a posse that had been chasing
him for several days.
ARGENTINA A GREAT LAND
FEW HAVE AXY COXCEPTIOX OF
ITS MAM' RESOURCES.
American Official Completes aa la.
ventilation of It Commercial,
Stockralalnic and Agricul
tural Conditions.
OREGON! AN NEWS BUREAU, Wash
ington. July 31. In view of the recent ap
pointment of John Barrett as United
States Minister to Argentina, reliable In
formation about that country becomes of
more than ordinary interest to the people
of Oregon. It happens that at the time
Mr. Barrett is selected for this post, Mr.
Frank W. Blcknell an Iowa newspaper
correspondent, who was sent to Argentina
nearly two years ago to study commercial
and stockralBlng and agricultural condl-
IN TOMORROWS OREGONIAN
The Jersey Mosquito Unbosoms Himself
John Kendrlck Bangs, the well-known humorist, has a heart-to-heart
talk with an old settler.
Fools' and Their Money
John Fleming Wilson describes hew seekers of fortune pay
good, hard coin for the future's secrets.
The Ape Man, of Java
Professor William Boelsche outline his theories about "Ae
Java creature, which he holds Is ih-i middle animal between the
Gibbon monkey and man. Does this thing that walked like a man
locate the cradle of the human race In Asia, where the legends
of the world place it?
Telegrams From the Spirit World
John Elfreth Watklns, Jr., speculates on messages alleged to
have been received by psychic researchers.
Pope Leo Wrote Rules of Health In Verse
Dead pontiff attributed his long life to the maxims he followed.
Automobile Appears at HoaxvIIIe
Obadiah Oldway meets one and now squanders his patrimony for
gallons of liniment.
The Summer Girl
Original poem by Mary E. Wilklns.
Reflections of Chames
Edward W. Townsend listens to Chlmmie Fadden on New York
and New Yorkers.
Russian Empire Is the Biggest Farm on Earth i
Its greatest need, says Frank G. Carpenter, is an army of
American drummers to teach S0.000.000 farmers modern methods.
Musical Season Ends In Paris '
Portland girl tells how festive scenes take the place of classical
concerts.
A Study In Piracy
Josephine Dodge Daskam, the brilliant young novelist, writes a
charming story of child life.
The Two Vanrevels
Continuation of Eooth Tarklngton's clever novel, further en
tangling three charming characters. Tom Vanrevel. Cralley Gray
and Elizabeth Carewe.
How to Run Cities
"Big Bill" Devery, Now York's picturesque ex-chier of police and
mayoralty candidate, talks -with a keen wit on municipal politics.
ALL THE NEWS AND THE CUSTOMARY DEPARTMENTS
tlons, returns toWashlngton to make his
report, which Is to be a massive work,
that will be regarded as a text-book. In
a recent interview Mr. Blcknell discusses
general conditions in Argentina, saying:
"Argentina Is a great country a coun
try of rich natural resources, a vast em
pire In extent, half as large as the United
States, practically In its virgin state so
far as comprehensive development Is con
cerned. The average citizen of the United
States has no conception of the magnifi
cent territory comprising this republic,
which only waits the push, enterprise and
up-to-date methods of the American to
develop a paradise, agriculturally and a
second United States commercially.
"My mission," continued Mr. Blcknell.
"was to take the measure of Argentina,
as a whole, and specifically to Inquire
into the livestock Industry; -to ascertain
so far as possible, what was being done,
what might be done and the probable
fleet of prevailing and prospective condl
tlbns upon the cattle business of the
United States.
"Argentina is a strong competitor of
the United States In the European cattle
markets. Stock and wheat raising con
stitute the chief pursuits of the people
outside of the cities, and It Is well known
that the condition of Argentina crops af
fects the European markets more every
year.
"Argentina stockraisers are fully
abreast of the times so far as high-bred
stock Is concerned. For 50 years the
choicest strains of cattle have been Im
ported from the high-bred stock of Eu
rope, and no finer herds may be found on
earth than those of the better parts of the
Argentine Republic. The cattle are all
grass and alfalfa fed. The corn-fed steer
of Iowa and Kansas Is unknown. Ulti
mately the Argentina steer will get his
ration of corn, but many years must
elapse before this day arrives. Under
present conditions -tockrals!ng Is very
profitable to the South American, and he
docs not see the necessity of introducing
other methods of feeding which would In
volve a radical departure from the sys
tem now In vogue.
"Fortunately for the Iowa and Kansas
cattle-raiser, the Argentina steer, not
withstanding his high breeding and mag
nificent appearance, is not the Iowa corn
fed steer. This fact Is not particularly
noticeable on foot, but the Englishman
very quickly discovers the difference' when
he samples his roast. The grass-fed steer
Is not in It with his corn-fed brother.
"The grass-fed animal shrinks heavily.
A ten-pound roast, grass-fed. makes a
poor showing when taken from the oven
compared with a roast of similar size,
corn-fed. It lacks the firmness and close
grain of the corn-fed, and Is much more
stringy. It has also lost much In size
and weight beyond that of the corn-fed.
Naturally, therefore, the Iowa corn-fed
steer brings a much better price upon the
European market than the grass-fed Ar
gentina. "The Argentina stockman Is beginning
to learn this, but he Is perfectly content.
He la coining money, under existing condi
tions. "The finest farming land in the world
may be had for from J3 to $13 per atre In
Argentina." continued Mr. Blcknell. "It
Is said a large portion of Argentina .7as
at one time under water, and the allu
vial deposits served to produce a soil un
surpassed in fertility. The Argentina
farmer does not know the meaning of the
word 'fertilizer.
"Farming and stockralslng are carried
on In Argentina upon a scale that would
paralyze even Northern Minnesota farm
ers. Few farms are smaller than 10.000
acres. The 150-acre farm Is unknown.
The -poorest renter will not consider ope
rating a tract of less than 210 acres, and
he wants a thousand.
'The farms are In the hands of wealthy
people, who either rent the land to 'colo
nists. as they are called, or operate them
by means of bosses and sub-bosses. A
few years ago an English syndicate un
dertook to work a tract comprising over
2.000,000 acres, but the results were not
entirely satisfactory, and the tract was
cut up into maller farms. This land
was nearly all within a dozen miles of
railroads, and is being sold for about $13
per acre. There Is no more productive
land on earth than this.
"Is Argentina well equipped with rail
roads?" was asked.
"Splendidly," replied Mr. Blcknell. "For
some reasons I would prefer riding
upon Argentina lines than upon those of
the United States. This may seem to be a
strange statement, but some of the ac
commodations, service, equipment and
comforts of railway travel In Argentina
are superior to ours, though in some re
spects they are Inferior to ours. Lines
are numerous and trains frequent. You
can reach the leading business points In
the republic with the same facility that
you would the principal cities In the
United States,
-The railways are practically all owned
by the English, although many of the
coaches and locomotives in use are Ameri
can. The American locomotive would
quickly supersede the English make but
for the unfortunate fact that the Ameri
can makers cannot fill orders for home
consumption, to say nothing of supplying
foreign trade. Rates of fare average
about 2rj cents pr mile, but freight rates
are very much higher than In the United
States, and the service is not so good.
"American farm machinery has really
no competition in Argentina. There Is.
with few exceptions, practically no other
machinery sold, and English firms handle
American-made goods. There Is no reason
why, with better transportation facilities
not sell South America practically all the
farm machinery used. The same state
ment applies to many othertnmnufactured
goods. The market Is there, but the goods
are not.
Friendlr to the United State.
'The government and the people of Ar
gentina have the most friendly feeling to
ward the United States. They regard us
as a great Nation and their friends, al
though at times some of the newspapers
endeavor to delude the people into believ
ing Uncle Sam Is getting ready to send a
big fleet and army down there and gobble
them up. However, the events of the past
few years, notably in connection with the
enezuela matter, have served to con
vince the thinking classes that the United
States has no ulterior motives, and that
In fact, Uncle Sam stands between the
South American republics and all sorts of
trouble.
AV111 Welcome American Capital.
"At present the larger Interests are in
the hands of Englishmen. The Argentine
has an Idea that the Britisher has been
somewhat grasping and perhaps too well
paid for what he has done for the country.
The Argentine stands with arms out
stretched to welcome American capital
and enterprise, and will do the right
thing by us if we do the square thing by
him. Enormous profits await the In
vestment of American capital In this vigo
rous young republic in the south, but It
is Idle to undertake ventures there upon
any other than a large scale, protected by
ample capital, after the most careful In
vestigation. The Argentines are a nation
of nig enterprises. They devote them
selves largely to cattle and wheat raising,
but they carry these pursuits on upon a
scale that Is very creditable and stamps
them as a people of great business capac
ity and nerve in their lines.
"In thla connection," remarked Mr.
Blcknell, "I desire to make a suggestion
for the particular benefit of young men.
A young man should avoid Argentina un
less he possesses a competency or Is as
sured a position paying him 50 per cent
more than he receives In the United
States. Even then his position should be
in a degree permanent.
'The cost of maintaining one's self In
Argentina is at least 50 per cent more
than here, provided one desires to have
the same standing among his associates
that he has here. Many articles do not
cost more there than here, but the de
mands are such that one must spend more
money to maintain his position.
The City of Bnenos Ayres.
"Buenos Ayres Is a magnificent city of
nearly 1.OD0.00O people, comprising one-fifth
the entire population of Argentina, and
is the largest city on the continent. It Is
called the Paris .of South America, and Is
perhaps the most cosmopolitan munici
pality in the world. Anything to be had
anywhere on earth Is geitable In Buenos
Ayres. Gaiety reigns supreme. The peo
ple love pleasure and society. The wo
men are said to be the most fashionably
attired in the world, and go where you
will you will find no more polished, intelli
gent and thoroughly friendly and hospita
ble people on earth than the Argentines.
"During my stay among the Argentines
I was at all times accorded every consid
eration by the government and the people,
and officials upon many occasions assisted
me In my Investigations at personal sacrl
flee to themselves. Argentina Is a great
country, and Its people are advancing
rapidly."
Schoolhonne for Bnena Vista.
INDEPENDENCE. Or.. July 31.
(Special.) Buena Vista has voted to build
a new schoolhouse. The building will be
large enough to accomodate over 100
pupils. The building is to be completed
by the September term of school.
RUSH TO XORTH DEACII.
AsgBit Lively Month Potter Sails at
1 Saturday Afternoon.
The Potter will start August business
by taklnc down a big crowd, sailing at 1
o'clock Saturday afternoon, giving those
off dutv at noon another opportunity to
spend Sunday at North Beach. Return
ing, the Potter reaches Portland early
Monday morning.
Nervous, weak and tired people should
take Hood's Sarsaparilla for the blood.
SURPRISETO FULTON
Decision on Initiative and
Referendum. '
BELIEVES THE JUDGES ERRED
Oregon Senator Give His Views, as
He Does Xot Expect to Take Part
In the Argament on Appeal
to Supreme Co art.
ASTORIA, Or.. July 30. (Special.) Unit
ed States Senator C. W. Fulton, who was
president of the Oregon State Senate at
the time tho act was passed providing for
submission of the initiative and referen-,
dum amendment to a vote of the people,
was asked today if he would take part In
the argument regarding the constitution
ality of the amendment before the Su
preme Court. He replied:
"Jtfo, I do not contemplate taking part
in the argument of tho appeal in the in
itiative and referendum case. I have
been requested, to do so, but will prob
ably not be able to be present. I confess
the "decision of the Circuit Court was a
great surprise to' me. and I cannot believe
that It will be sustained on appeal. Yet
the eminent standing and recognized abil
ity of the Circuit Judges who heard and
determined the case entitle their decision
to high respect and give it great weight.
Still I believe the decision is wrong, and
1 say this the more freely as I do not ex
pect to take part in the argument, and I
have never been an enthusiastic sup
porter of the amendment, for I have al
ways seriously doubted the practicability
of the scheme. I cannot, however, escape
the conviction that tho court took too
narrow a view. of the question and failed
to give that weight and consideration to
the decree of the ballot box that It should
receive In constitution making.
'This is a Government of and by the
people. Constitutions are not superior to
the people, nor are they the origin of pri
vate rights. They grant neither rights
nor power to the people, but are simply
limitations set by the people upon the
powers of government In the hands of
their agents. "Where power to amend the
constitution is delegated to agents of the
people, as Is done by the Constitution of
the United States. I admit there Is every
reason for holding the agents to a strict
compliance with their authority. But
here the amendment was made b tho
people themselves. All the Legislature
had to do with It was to provide for sub
mitting It to the electors, and In such a
case I view the steps taken to secure the
submission of minor Importance; the vote
Is the all-Important feature of the pro
ceeding. "Personally. I believe every provision
of the constitution prescribing the man
ner of proposing and submitting amend
ments was strictly complied with In this
Instance. I do not believe that the con
stitution, fairly construed, prohibits the
proposal of an amendment while a pre
vious one is pending If the previous one
be addressed to a different subject. Such
has been the unbroken legislative con
struction. I nave heard the question dis
cussed at several sessions, and that was
the conclusion Invariably reached. And
If the question Is debatable, one of doubt
ful construction, and It surely Is. then
the rule adopted and followed by all
courts Is that the legislative construction
must prevail.
"Again, the courts have. I think I may
safely saj. with equal equanimity, held
that whatever may be the provisions of a
state constitution relative to its amend
ment, the people may, by means of a con
stitutional convention and a vote of the
electors, amend the old or substitute an
entirely new constitution. Why? Simply
because the ultimate authority rests In the
people. If this Is true, then what concern
Is It whether or not In this case the ques
tion voted upon by the people was submit
ted to them In absolute and methematlcal
conformity to the then existing constitution?-
True, the amendment was not proposed
by a constitutional convention, but It was
proposed by the representatives of the peo
ple and adopted by the people. Why should
the particular method of proposal be ma
terial? Can the dead hands of the original
constitution-makers reach out from the
grave and restrain or control the exercise
of sovereign power by the living? The
constitution of Oregon provides that a pro
posed amendment thereof, agreed to by
one Legislative Assembly, must be re
ferred to the assembly to be chosen at the
next general election, and If agreed to by
a majority of such assembly, it shall then
be submitted to the electors of the state,
and If ratified by a majority of them It be
comes a part of tho constitution. These
provisions were calculated and designed'
to secure deliberation and prevent hasty
action. They were conformed to literal
ly ln the case of the Initiative and referen
dum amendment.
"Now It Is sought to defeat the action
of the voters on the ground that other and
previously proposed amendments on other
subjects were pending and undisposed of
at the time that amendment was proposed
and submitted, and section 2 of article 17
Is Invoked to support such attempt. That
I section Is as follows:
If two or more amendments shall be sub
i mltted In such a manner that the electors
hall vote for or against each of such amend
ments separately, and while an amendment
or amendments which shall have been agreed
upon by one Legislative Assembly shall be
awaiting the action of a Legislative Assem
bly, or of the electors, no additional amend
ment or amendments shall be proposed.
"The engrossing clerk of the constitu
tional convention omitted some words
when engrossing that section, leaving It
worded awkwardly.. I do not recall the
exact words omitted." but substantially the
reading should be: 'If two or more
amendments shall be submitted at the
same time, they shall be submitted In
such manner," etc
"It Is urged that, as other amendments
previously agreed upon were awaiting fur
ther action when the amendment in ques-
j tion was proposed. It was proposed In vlo
I Jatlon of the constitution and is void. As
! I have said. In my Judgment the proper
construction of said section 2 Is that It
prohibits only the proposing of amend
ments addressed to the same subject to
which a previously proposed and undis
posed of amendment Is addressed. To my
mind that Is the only reasonable construc
tion the section will bear. It cannot be
contended that it was designed to prevent
two or more amendments being submitted
to the people at one and the same time,
for the first line of the section contem
plates the submission of two or more
amendments at the same time. If two or
more may be submitted at the same time,
they may be proposed and considered at
the same time, and If two or more may be
proposed and considered at the same time,
what possible objection can there be to
one being proposed in 1S90, and another In
1S01?
'There Is great and apparent reason,
however, why a second amendment to the
same subject-matter should not be pro
posed until after the first has been dis
posed of. But what consistency is there
In denying to a legislative assembly power
to propose an amendment to the constitu
tion on the subject of municipal corpora
tions simply because the previous assem
bly has proposed one on suffrage and elec
tions. If by the terras of the constitution
the previous assembly might have pro
posed both the amendments? To my
mind such a construction is entirely un
reasonable. "I know there are decisions by courts
of other states, holding that every pro
vision of a constitution is mandatory and
that where an attempt Is made to amend
a state constitution other than by a con
stitutional convention, the method provid
ed In the constitution for amending must
be strictly complied with. Those decisions,
however, have generally been rendered In
cases where departure from the constitu
tional method was beyond doubt or con
troversy and are easily distinguishable
from the one in question. Here it cannot
be reasonably contended that there was
clearly a departure from tho course of
procedure prescribed by the constitution.
At the best the question is debatable,
doubtful. Then the uniform legislative
construction should prevail.
"No act prescribed by the constitution to
te done in submitting an amendment was
omitted. It was voted for by a majority
of the members of two consecutive legis
lative assemblies and then submitted to
and ratified by a majority of the electors.
A plain and distinct case of the deliberate
exorcise of sovereign power by the peo
ple In strict conformity to the constitu
tion. Is their will to be defeated because
previous legislative assemblies had agreed
to, but. In violation of their duty, failed
to submit to the electors other amend
ments on other subjects? I shall be
greatly surprised if such a doctrine shall
ultimately prevail."
DAILY CITY STATISTICS.
Marriage Licenses.
Claude B. McCarthy. 23; Rosalie Fraier. 23.
Real Estate Transfers.
Sarah MacConnell to Nathan Harris,
lot 5. block 17, King's Second Addi
tion; part block 1. -Mead's Addition. .$ 2,500
Frank A, Smith ana vfitr to Joseph
Enselrf, lots 1 and 4. block 33. Jdmes
Johns Addition 1,100
J. W. Campbell and wife to L. H. Han
sen. Jot 1", block 39, Sellwood 1T0
W Y. ila3ters (receiver Port Hospital)
to The Eastern Investment Company,
lot C. block S. Dolan'a Addition; lot
1. block 2, Ravenswood; 3 lots block
32, Sunnvslde 50
E. H. Hablghorst and wife to Eastern
Investment Company, lot 1. block 2,
Ravens wood; lot 6. block 8, Dolan'a
Addition 1
C. H. Wilcox to Paul S. Dick, lot 2.
block: 12. Foxcbase Addition. ........ 1
W. H. Nunn and wife to Clara B..Klng.
lot 3. block 21. Lincoln Park Annex 1
Sheriff for Joseph Zckey. to Victor
Land Company, lots 1 and 2. block 77.
Sellwood 7
Sheriff for J. B. Morgansen to Vtetor
Land Company, lot 3. block 10. Mount
Tabor Villa Annex 2
Title Guarantee & Trust Company to
B. E. Witter. E. H lot 15. block 65,
Sunnysld? Third Addition 175
The Millionaire and the Newsboy.
Brooklyn Eagle.
It was not J. P. Morgan, but it might
have been. It was a Wall street mag
nate whose bank account is expressed In
more than six figures. He came down to
the Wall street ferry, running his hands
through his pockets In search of change.
Not a cent anywhere. The ferryman
would not change a 510 bill. Neither
would he pass the gentleman through. It
was the Brooklyn side, and Mr. er er:
oh, well, Morgan Is as good as any other
name for the purpose was not known on
this side of the ferry. He went out to a
newsboy, a ragged, bright-faced lad, and
said: "I don't suppose you can change
a $10 bill for me. can you, my boy?"
The boy had probably never seen a $10
bill In his life. He certainly had never
seen the man who asked him such a ques
tion; but quick as a flash the answer
came:
"No, sir, I can't; but I can lend you
2 cents." And a small hand was thrust
Into a ragged pocket and a grimy fist
full of coppers was extended to the mil
lionaire. The offer was so prompt and made In
such good-faith that the Wall street mag
nate was pleased and accepted it In the
Such Delicious Coffee
It Is not the cofiee it is the Cream. Your coffee will always taste delicious if you me
ECONOMY BRAND
It is not like the weak and watery sulks pnt up
rosiency every can aitxe. Any can ox Jtvaporatea uream bearing our cap label,
reproduced herewith, is maranteed to be the best and nurtt- Hr mt- mn
aA the cap label before you buy.
(rrnf&ffPSSj HELVETIA MILK CONDENSING CO., Hiehlana. Illinois
' ' Originators and Largest ProUnctrs of Evaporated Creasi. ' '
for 3 nfants
The Kind Tou Have Always Bought has borne the signa
ture of Ghas. BE. Fletcher, and has been made under his
personal supervision for over 30 years. Allow no one
to deceive you in this. Counterfeits, Imitations and
Just-as-good are but Experiments, and endanger the
health of Children Experience against Experiment.
The Kind Ton Have Always Bought
Juears the
In Use For Over 30 Years.
THE CCHVUB COMPANY. TT MUWWAT OTmET. NIW YORK CITT.
Physicians Recognize
Slraiinutritive extract and less than Z of
alcohol.
Sold
iAnheuser -
" Look beneath the
surface; let not the
several quality of a
thing nor its worth es
cape thee"
Marcus Acrelios
It is only by looking beneath
the surface that the true qual
ity and worth of
Gorham
Silver
can be ascertained.'
Nothing meretricious
or gaudy is to be found
among the thousands
of different articles
bearing the Gorham
trade-mark. Solid, gen
uine silverware is hard
to find in these days
of flashiness and alleged
cheapness. And Gor
ham silverware is not
only good, it is moder
ate in price.
An
responsible
jewelers
keep it
spirit In which It was made. Hs gave
the ferryman the 2 cents, vlth the re-
j mark: "Here you are; the newsboy lent
It to me." And with the 2 cents he
handed the ferryman his card. Whereat
the officer gasped.
That afternoon, when one of the mil
lionaire's colleagues dropped Into his
Wall street office and proposed that they
go up town and talk things over on the
way, Mr. er er Morgan replied: "I've
s?nt to irn nvpi- tr RrnnUlvn flraf in nnv
! mv debts!"
Half an hour later a small ragged news
boy was dazed at finding' In his grimy
fist two bright coppers and a crisp new
dollar bill for Interest. "And any time
you get tired of selling papers, youngster,
come over to No. Wall street and ask
for Mr. er er Morgan, and I'll see if
I can't find you a better Job."
The youngster has since decided in fa
vor of the better Job. and Is In a fair way
to enjoy some of life's sunshine- without
being at all clear la his own mind how
it happened.
Six Months at Least for This.
Salem Journal.
It might not be a bad Idea for the
managers of the Portland Exposition In
1S03 to nail down the grounds while tho
hold-ups are all the rage, since some er
ratic hobo might carry off the site. The
grounds are right in "sight" of the city,
and some one might get "incited" to
make way with them.
by others, hut is creamy and uniform in con-
Tis the can of merit the sicn of honest roods.
and Children.
Signature - of
the remarkable tonic and construct
ive qualities of
TRACE MARK.
It is endorsed and prescribed by the
best doctors. The ideal food-drink,
invigorating, sustaining, NOT intoxicating-.
It contains 14.60
by druggists. Prepared by
Busch Brewing Ass'n
St. loafs, IT. S. A.