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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 3, 1905)
THE MOBXIXG OREGOXIA, FK1BAY, FEBRTTAKY if, . iuq5. Catered at the Postofflee at Portland. Or., & second-class matter. REVISED SUBSCRIPTION" BATES. By mall (postage prepaid In advance) Daily, with Sunday, per month -?5 Dally, with Sunday excepted, per year... 7.&0 Dally, with Sunday, per year . JJ.W 8unaay. per yeax. . ........ - w The Weekly, per year.... ...... .......... 10 The Weekly, 3 months bu Dally, per week, delivered, Sunday ex cepted -lo Dally, per week, delivered, Sunday In eluded 0 POSTAGE BATES. United Stateo. Canada and Mexico JO to 14-page paper ...........-..-. 6 16 to 30-page paper. 2 to 44-page paper , .. .c Foreign rates, doable. EASTERN "BUSINESS OFFICE. The S. C. Beckwlth Special Acency New York: Booms 43-50. Tribune building. Chi cago: Booms C10-512 Tribuno building. t The Oregonlan does not buy poems or etorlcs Irosi Individuals, and cannot undertake to return any manuscript sent to It without solicitation. No stamps ehould be Inclosed for this purpose. KEPT ON SALE. Chicago Auditorium Annex: Postofflce News Co.. 178 Dearborn street. Denver Julius Black. Hamilton & Kend rlck, 906-912 Seventeenth street, and .Frucnutr Bros., 605 Sixteenth street Kansas City, Mo. Rlcksecker Cigar Co., Ninth and "Walnut. Los Angeles Harry Drapkin. Oakland, Cal. W. H. Johnston. Four teenth and Franklin streets. aiiuneapolis M. J. Kavanaugh. 50 South Third; L. Begelsburger. 217 First avenue South. New Xorlc City L. Jones & Co., Astor Bouse. Ogden F. K, Godard and Myers & Harrop. Omaha Barkalow Bros.. 1012 Farnam: Sdage&th Stationery Co.. 1308 Farnam. Salt Lake Salt Lake News Co., 77 West Second South street. San Francisco J. K. Cooper Co.. 746 Mar ket street; Foster & Crear. Ferry News Stand; Goldsmith Bros.. 236 Sutter; I. E. Lee. Palace Hotel News Stand; F. W. Pitts, 1008 Market; Frank Scott. SO Ellis; N. Wheatley, 83 Steven ton; Hotel St. Francis News Stand. Washington. D. C Ebbltt House News Stand. X'ORTLAND. FRIDAY. FEBRUARY 3, 1065. THE ONE ARGUMENT. One plausible argument is continually offered for the ship subsidy bill. It is. the argument that we must have a Navy, but can't have an efficient Navy unless we have a school for seamen, and the best school for seamen is a large merchant marine. A corollary Is that a Navy cannot be served in time of need without a merchant marine, to be drawn on for help in the transpor tation of coal, troops and supplies. This double argument is forced at all times. and now especially in the report of the Merchant Marine Commission of the JHouse of Representatives. There is weight In it; but we are not so deficient in merchant vessels that could be used in time of need as the report would imply. It is not true that our merchant flag has "disappeared from the high seas. On the contrary, it is true that we have more merchant tonnage on salt water than we had in the "palmy days" of our shipping, so-called, fifty years ago. It is true, however, also, that since then every National Interest and en ergy have far outgrown our activity and equipment in merchant vessels on the seas. On both. Atlantic and Pacific there are fleets of steamers under our flag -which, -while not large aggrega tio.ns in themselves, have a carrying capacity vastly In excess of that of double or even treble the number of clippers whose names are in the public mind associated with the period of our assumed highest prestige on the great oceans. From the latest return of the marine statistics of the United States the ag gregate tonnage of all classes under the American flag was at the close of the fiscal year, June SO, 1904 at the highest figures it ever touched, namely, 6,291,535 tons, or 1,488,633 tons more than in 1854, when we are commonly said to have pushed. Great Britain hardest -to hold her supremacy of the seas. From 1854 until the opening of the Civil "War the aggregate, despite some fluctua tions, as a whole Increased, until In 1S61 It stood at 5,539,813 tons. With the progress of that conflict it declined until in 1S66 It touched 4,810.77b'. xnence forward, for the next fifteen years its progress was downward, until in 18S1 It came near the 4,000,000 mark, the -l of that 3'ear being 4,057,734 tons. In t.ie last two decades the tendency has been upward, but only accentuated markedly since 1898. -when we had 4.864,238 tons of merchant shipping against the 6,291, 535 -we now possess. These figures, of course, include the coastwise trade, from which foreign flags are excluded by law, and therein the greater part of the gain has been made. Our tonnage, however, in trade over seas lags badly. It is not likely to rise, unaided, to its former proportions soon. The question is whether it should have the subsidies demanded. The weak ness of the demand, merely for the pur pose of forcing domestic tonnage on a greater scale into the ocean carrying trade, is admitted; for the ready an swer is that if shipowners of other countries can carry our trade so cheap, why, let them-do it, and we -will do something else, more profitable to our selves. That we could do and have been doing other things with more profits is attested by the fact that all other activities have increased at a yast rate, while the progress of our shipping has been slight and smalL We have had a vast cdntipent to bustle in. Profits everywhere could be made out of the prodigality of Nature, and In all other directions on this continent more money could be made than by building ships and sailing the seas. Hence our maritime interests have not grown in proportion with others; but we shall return to the seas as soon as we shall have exploited opportunities on land. That condition seems to be approach ing now. The question is whether our shipping should now be stimulated by subsidies out of the National Treasury. The only argument for it Is based on the assumption that such policy Is necessary for support of. our naval power. Whether we shall have use for naval power no prophet can tell or when; but there is rooted objection to subsidies, and strong disposition to be lieve that in any emergency we should be able to support any Navy we may have, through natural growth of the merchant marine. The manner in which many teams hauling building material from the mills and other places of deposit in this city to the suburbs are overloaded is shocking to the common sensibilities of human nature. Willing "horses, strain ing every nerve and. muscle In their bodies, move these- almost Impossible loads along the streets dally, almost hourly, in fact, their patient endeavor ehaming thebeartlessness of their own ers." The "drivers, to their credit be It said are . in the main humane, mak Ing-the task as easy as possible with the enormous load, for the fpoor am mala. Remonstrance upon this subject Is due somewhere. Most likely at the lumber yards and sand and gravel de positories, wliere the wagons are load ed to the last ounce that they "will bear for transportation. Surely horses are not so scarce or drivers so few that It is necessary thus to overload teams in order to meet the demands of building: now In progress. This plea for the voiceless is entered in the hope that It will reach those who are responsible for the cruel overloading of draught horses so common in the fuel and build ing material business In this city. EASY VIOLATION OF LAW. The foresight of the, framers of the Oregon constitution was remarkable. Human nature is the same in all ages and conditions. Communities, like In dividuals, think of themselves first and the state afterwards. Public Interest must give way to private advantage: Because they knew .their fello.w-man, the wise men who gathered at Salem in 1857 to frame a state constitution caused to be Inserted in that document the following exact and unmistakable clause: All public Institutions ot tbe"tate hereafter provided for by the Legislative Assembly shall be located at the scat of government. Section 3, article 14. constitution of Oregon. No possible doubt can exist as to what this provision means, nor as to what the constitution-makers under took to do. They sought to estop in the ibeglnnlng the dangerous and de bauching practice of legislative log rolling. It was definitely Intended that all institutions conducted under the di rection of the state and supported by public taxation should be located at the seat of government. This plain man date was violated when the State Uni versity was located at Eugene, the Sol diers Home at Roseburg, the State Agricultural College at Corvallis and normal schools at Monmouth, Drain, Ashland and Weston. No plea that the constitution does not mean what it says can possibly be pleaded In exten uation of the action of Legislative As semblies which apparently thought that the capital was getting too much flnan cial consideration from the state and undertook to distribute and expend the state funds at other points. Nor can any one successfully undertake to say that the State University, or the Nor mal Schools, or the Soldiers Home, are not state institutions. The Supreme Court has passed upon that precise question in the well-known case of State vs. Metschan, when it held that ."an Insane asylum is a public institu tion, and the Legislature has no power to provide for the establishment and maintenance of one at any other place than the capital." This finding of the court came as a consequence of the effort to locate a branch asylum at Union, In-Eastern Oregon. It follows as a necessary deduction that the Legislature has no power to provide for the establishment and maintenance of a Normal School, or a State University, or a Soldiers Home, or an Agricultural College, at any other point than the state capital, if, there fore, any Interested person should sue out an Injunction against the State Treasurer to prevent him from paying over to these institutions the appro priations made for them, or either of them, by the Legislature, no question can exist as to the action of the courts We should find that the funds which are -being unlawfully diverted by the Legislature to the support of institu tions located in defiance of the consti tution would be withheld from every one of them. The consequence would be that the Legislature would of neces sity remove all of these institutions to Salem or submit an amendment to the constitution that would make It lawful for them to receive and expend funds in their present locations. The Oregonlan is not surprised that advocates of a new constitution, who have been very much in earnest in their plans for a convention, are indignant that they have been defeated in part at least, by members who seem to fear that Normal Schools and other institutions might by another or ganlc law suffer a discontinuance of state aid. It is not easy to follow the precise line of reasoning adopted by these gentlemen, but probably it was something in this fashion: The present constitution is good enough for us be cause no one has ever complained when It was violated for the benefit of our respective communities. We do not know what a new constitution might do to us. It might cut us off; it might break up our successful logrolling, or it might otherwise make it difficult for us to work our fat schemes through a Legislative Assembly. The old const! tution is Impotent; a new constitution might be potent, because, just for the novelty of the thing and because the people undersood Its provisions, there would be a. disposition to .enforce it. The original constitution-builders of Oregon feared long years of logrolling, a general application of the "you scratch - my - back - and -Til - scratch yours" policy by succeeding Leglsla tures, and they endeavored to stop It but, having a high sense of the1 sacred importance of their mission, and the In vlolable character of their duty to the state, they never dreamed that any mandate solemnly placed by them in the constitution would be regarded as merely a jest and byword by members of any Oregon Legislative Assembly. A TOUCH OF WINTER. The touch of Winter "brought by Feb ruary to the people of the Willamette "Valley has given some discomfort to persons whose work Is out of doors. It has also occasioned some grumbling among the class who find in the weather a fruitful and ever-present cause for personal grievance. It Is true that, by comparison with the custom ary rain that is -borne in on the balmy or even brisk breath of the south wind a sharp wind, from the east, spitefully spitting snow, suffers. But before our people complain let them extend the comparison between conditions desig nated by the official statement of tem perature in Portland: "Maximum, 39 degrees; minimum, . 34 degrees," with the record of 25 degrees below zero in Iowa, 14 below in Michigan, 20 to 30 fcelow in Wisconsin, 36 to 46 fcelow In Montana, 38 below in South Dakota, 14 below in Kansas, 22 Delow in Illinois, 9 below in Missouri but why continue? To thrifty people, well housed, com fortably clad and with well-stored cel lars, cold weather Is merely an incident of the seasons, and by no means an un pleasant one. To those, however, who live from hand to mouth, depending upon each day to supply its own needs, the case is quite the reverse.' There are relatively very few of these in Oregon, and barring sickness, which paralyzes endeavor there is no reason why there should be any of this class, so numer ous In the large cities of "the .East and J miuuie Tcsi.';iuttw uicic -irc tunic such even in this favored city the re ports of the City Board of Charities and the officers of the Salvation Army from time to time show. To these the wind blowing out of the east brings dismay. and, if continued for even" a few days, suffering. We may well believe no one in Portland will suffer unrelieved the pangs of hunger or the cruel pinch of cold during what promises to be the brief continuance of the "February cold snap." Their necessities commend them to humanity, even though their lack of prudence and forehandedness Is re sponsible for their condition. The ef fect in such cases must be dealt with mercifully, since It seems to be Impos sible to deal with the cause effectively. In the meantime. It becomes us to be duly thankful for a climate in which an east wind and a snow storm are fcut occasional vagaries, and for oppor tunities whereby thrift and industry may compass the comforts of life re gardless of weather conditions. JUSTICE TO PEOPLE AND RAILROADS. If all thought of secret rebates, pri vate regulations and furtive discrim inations may be put aside for the pres ent and the criminal law be applied to these matters, then all other ques tions between the people and the rail roads may be classed under unjust and. unreasonable rates and regulations. An infinite variety of conditions here come into play. Rates and terms may be affected by locality in general also by classes of raw and manufactured products to be transported, by the ori gin and destination of the traffic, by the speed and terms of its delivery, by the division of the rate between the roads making up a through line, by competition between terminal points; and the list is not exhausted. But lo callty Is the essense of the matter. Facts should be locally ascertained and put In shape for adjudication. And, justice will be rendered, quick and ef fective, if the tribunal Is carried to the place and the people. Appeal from a lower court must be speedy, easy and final except in ex treme cases, where the Constitution of the United States Justifies a further ap peal to the Supreme Court. The prob lem being so -stated, the following so lutlon Is suggested: Let the Interstate Commission be re inforced by additional members, pos sesslng special qualifications as experts in transportation affairs. Let the Com mission hold sessions In circuits cover ing the United States at frequent Inter vals. Let the functions of the Commis sion be two; the first, settlement by ar bltration of disputes. So will the greater part of the difficulties disap pear. President Spencer, representing a large number of Important railroads before the committee on commerce, stated the other day that 90 per cent of the cases taken to the Commission are settled before hearing is had. Sec ond,. at the hearing let the facts be as certained, evidence taken and a record made up; and this to have official char acter. For these duties one Commis sioner would suffice. Any questions as to evidence and of law may be reserved for the Court of Commerce. Let us ac cept the constitution of the Court of Commerce suggested by the Hepburn committee. But still further let the court be strengthened In number of Judges until circuits can be arranged which shall follow tb,e Commissioners' Court before described. One Judge can hear the questi6ns submitted by the Commissioner on the facts shown in the record, and on the law -applicable to such facts, his decision to be bind ing at the end of 30 days. Let the Judge's decree be considered final un less appealed to the full court. Sittings ot the full court of five Judges In Washington quarterly could doubtless dispose of the appeals. A roster of the Circuit Judges could be arranged to constitute the full court without Imped Ing the work of the circuits, no Judge sitting on appeals from his own decis ions. A common carrier appealing from the Judge's1 decision-to the full court should be required to give "bonds for damages unless the carrier conformed to the rates the Judge prescribed within 30 days from the date of his decision. The right of appeal to the Supreme Court on constitutional questions only should be reserved, the bonds of the carrier pending such appeal being held good. In outline the plan here sketched would by the submission of all questions to the Commissioner for ascertainment of facts provide for expert work at the beginning, as the Commissioners should have expert qualifications. Then the hearing by the one Circuit Judge would enable legal principles to be applied to the case by a Judge versed In these special questions. Easy and prompt appeaivwould be provided to an Appeal Court, whose Beclsions would command universal respect The criminal cases first referred to, arising from secret rates, rebates and discriminations would go to the full Court of Com merce for trial. Cases would be brought before the Commission by the parties directly interested. The as sumptfon of control by the Attorney General or his appointee would only be required where recourse was had to .him by the plaintiff voluntarily, or where a representative case was raised involving general Importance. But even In cases where the Attorney-Gen eral's help was Invoked or was neces sary in the public interest, he would represent the parties plaintiff, not the Commission or the court, as has been suggested M Washington. The courts through the whole series of events should hold the scales of justice be tween the parties complaining and the common carriers whose acts or neglects are complained of. 1 rNILARMON'Y AMONG PDBL1C MEN. Harmony is a blessed tning, but even harmony will grow monotonous. There fore an Inharmonious passage of arms between the Rev. M. A. Matthews and the Seattle City Council comes as a welcome diversion to those weary of beholding the bull lie down with the bear and the lion with the lamb. Mr. Matthews, who has a Snoqualmic flow of language, recently declared from the pulpit that the City Council showed "symptoms of graftltls." As the reverend gentleman, in addition to 'being a lawyer, is understood to be also a qualified physician to bodies as well as souls, the Imagery of his expression Is readily intelligible. The City Coun cil heard of this charge from the pulpit Indirectly. In all probability and said it was a shame that a minister should take advantage of his privileged posi tion to utter such baseless calumnies upon a body, of honorable public ser vants. Mr. Matthews promptly offered to detail the symptoms before the Coun cil Itself, greatly to the surprise of the Council, and the Council accepted the offer, greatly to the surprise of the public, and perhaps. of Mr. Matthewa. '- The challenge -having thus been ac- cepted, the lists were set in the Coun cil chamber, and before a cheering crowd of citizens Mr. Matthews read a- tatement giving a score or so ot the I symptoms of graftltls." He did not accuse the Council of graft. By no means. He merely cited indications that led him to believe "graftltls" had affected the honorable body. Matters of roofing contracts and other things that are doubtless of considerable In terest to Seattle taxpayers were men tioned. Having read his communica tion, Mr. Matthews disregarded an ur gent request to enter into a discussion and left the room. With the departure of Mr. Matthews President GUI, of the Council, rose, to make a few remarks. After pleasantly referring to the elongated minister as a dog, who used to run a nigger crap game In Tennessee," Mr. GUI made a few reflections upon the ancestry of Mr. Matthews, and stated that the min ister would now be in the Penitentiary were It not that the proceedings would have dragged In the mire the name of a 14-year-old girl. A few more re marks of this nature and Mr. Gill was followed by Councilman Bowen. who had something to say on the subject of Mr. Matthews' personal appearance: Take Mr. Matthews' personal appearance: If ou should me,et him on the streets of Tacoma or Portland with his long hair and long- tailed coat you would ask: "What ort of graft doctor e- a natenl medicine vender. xou would not be surprised to see him take three-legged stool from under his coat and start a three-dice game. 1 ask his people to investigate his own character. The bearing of this upon the question before the Council Is not exactly clear, but It Is Interesting to note that Mr. Gill will not worry over the description of his and the other Councilmen's symptoms. His life, he said, was an open book Mr Matthews, on being informed of the charges against his eharnrter llflrt declared that he WOUld cnaracter, aiSO aeciarea, mat ne v,ouiu not worn- over them, and added that his life was an open book. Thus there are two open books, side by side, but It does not seem to have been decided yet how jnuch of either Seattle will peruse. An exceedingly distressing and pa thetlc accident was that which oc curred near Hornellsville, X. T.-, Wednesday evening. In which ten women belonging to a Church Aid So ciety were killed by the collision of the bobsled In which they were riding with a railway express train. One would think that a knowledge of the train's time In passing through a semi- rural section would have prevented this catastrophe, which took place In w-nero tne innamtants nave not risen crrect on nis vote. He also denied that cttvi-t,h Hnt'lr of the Winter even- to the nicetlos of the French procedure, ho had received instructions from cor ! ytw?L2l wtver but on the other hand a Parisian who Prations concerning his vote on the con- inir. The merrymakers were, however. obvious to the danger of the passing train until It was upon them. The re- suit was the loss to their homes all hnlno- mnrHwi women and to the aer- vice of the community of half a score of earnest, energetic women. Such a catastropbe is far-reaching in Its ef fects as well as Incalculable in the sor row that it brings upon the home, and Is to be deplored accordingly. The effort started by benevolent cranks to confer on the State Reform School some other title than Its fit and proper name has failed In the Oregon Legislature, and even the Multnomah Senator who introduced the bill to name the Institution "State School for Boys' turned against it. The remarks of Senator Haines, of Washington County, just before the bill was laid on the shelf, went to the heart or. tne matter and made plain talk coincide with common sense. Inasmuch as ben- ator Haines' remarks were" quoted on that occasion In a manner which con veyed a misapprehension of his opin ion. The Oregonlan takes this oppor tunity to correct the error and to com mend his remarks for their sound pre cept. The Oregonlan has no war to make on the State University or the Agricul tural College, or on any one normal school as against another. It simply 6ees, as all persons see who will see. that the educational standard of all these institutions has been lowered or rather kept down by wasteful appro priations to too many schools. What it wants to see is the humbug of the whole business exposed, and a return to proper economy and constitutional methods. If these schools must stay where they are, then by all means let US own up that we don't care anything about what the constitution says; or, if we do care, .then let us change it. While a war Is raging upon the bor ders of her "administrative entity.' China Is evidently making progress in commercial directions, for It Is now an nounced that an advertising campaign is to be instituted In behalf of green tea. The guilds which control the green-tea trade of China have experi enced a loss of business of late years, largely attributed to the aggressive ad vertising of the Ceylon teagrowers. United. States Consul Anderson esti mates that nearly one million ' dollars has been spent In advertising CeyJon tea. and the Chinese merchants have begun to realize that they must pursue similar methods. J.nere is no excuse m uusmesa juujs.- ing even remotely to tne pudjic interest for the proposed junket of Councllmen to Los Angeles and other California cit ies. Certainly there Is none that can be offered In the name of any present public utility or necessity. The junket. If Indulged by members of the City Council at the expense of any fund in the city treasury, will be In the nature of a common hold-up. The term "graft will not cover It. The money Is there; they want it, and they propose to take it. A terrible- consequence of the recent fighting In Manchuria ls the freezing to death of the wounded, left on the field without prompt attention. In the nature of things It could not be given. But what Is to be said ot the humanity and consideration for his troops shown by a General who insists upon precipi tating a fight in bitter cold weather? It means almost certain death for such wounded as cannot take care of them- selves. But there Is no such thing as a humane war, though there may be hu mane methods In warfare. . , , . , . The Drain Normal School two years. ago received a state appropriation of $25,000. Last year there were two (2) graduates, fluous. Comment would be super- Svlatopolk - Mlrsky's administration. says the St. Petersburg Russ, was a r nnA nUnt nnc " A nH 1Q 10 Avernus. Generals January and February -ap- near to have turned traitor to Russia, . TJil.ZZ -fho " , lower class both drinks and gambles. It therefore the smoko from the conflagra usual, good intentions pa-ved the road L a characterlstl(s circumstance that the tion and powder gases makes it most NOTE AND COMMENT. Joseph wasn't altogether a fool. .Neither. It appears, is Mr. Heney. Indictments seem to fall more plenti fully than snowflakes in Oregon. It re mains to be seen how much longer they will be Jn melting. Wo used to believe Cupid was a boy, j but current magazine illustrations leave us In doubt on the subject. Dorothy Russell's, runaway match ends. like so many others, in a suit for di vorce, with allegations of bickerings and even beatings. An elopement Is an inval- I uablo thing to romancers, but in real life it is usually o greatest value to the lawyers. It is the little scraps of news that have most interest for us. Tomorrow we forget how many strikers were killed in Riga, or what the Little Father said to his big children, but we remember with Interest such scraps ot news as affect us more In timately. In one issue of an exchange we read, for example, that a farmer in Buckinghamshire has a goose which has been laying oggs for the last 50 years. Eggs are more familiar than bombs, and we take a great deal of Interest in a bird that has been ensraccd In Increasing thJ vistble supp,y fQr na, a ccntury. Thcn William Boyd, of Miller. S. D., killed 3D jack-rabbits at one shot from her kitchen window. Tne rabbits had been coming to the farm in droves, and Mrs. Boyd bet her husband that she could kill more at one shot than he could carry on his back in one load. A bushel of oats sprinkled on a path brought a row of rabbits In line, Mrs. Boyd pressed the trigger and ",e Uil UIU luc Itt5U aw un mo ucmuw wlH havo tnc sWn3 tanned to make a COVerlOt Tor tne DaDy Sort Of a UaD - ...... turning stunt, remaps tne sugnt exer- cise of the imagination necessary to en- ter into tne spirit of both these stories has something to do with their effect. The Chinese New Year must think he has butted into a very noisy old"1 earth. One Edward Clarkson recently chal lenged Winston Churchill to a duel. with fists as the weapons, and Parisian authorities upon the code of honor are much perturbed by this innovation. A Duke, who has acted as second In more than 200 "affairs" and has oven writ- en n hnnV nn the TmhWt thinly i'n. . . ... . . . , . , , England, where boxing Is a sport, and as fougnt 30 duels, crushingly says coaenmen might right sucb a duel. pornaps. but gontlemen never. Tho latter view Is undoubtedly more In keeping with advancing civilization To receive a fist in the eye is un pleasant to the verge of being painful. whereas a bullet purges one's honor without hurt. Eugune F. Damm has been given permission by a Chicago court to change his name. His attorney's name was Booz. It's about time Poet and Tyrant-hater Swlnburno beganto pipe up. The editor of the Livingston. Ky., Democrat must be feeling blue. He declares with heat that "man is. tho only creature of God's creation that de lights In the misery of his fellow, creatures," and goes on to say that the cry of a pig In distress will call to Its rescue all tne other pigo within hear- u nawi naw: naw: norseiaugn quicker man to see nis ieuowman suddenly sit down with great force on an icy side- walk or ttub his too and fall headlong In tho street" Too true! The editor must have been unlucky enough to stuo ms toe or to sup on tne ice, ana he still resents the shouts of laughter that greeted his unfortunate experi ence. He should cheer up, however. He will be able to laugh heartily him self when some poor fellow's hat blows off and goes hurtling down the street. Besides the editor should remember that his fall, while unpleasant to him self, was the source of great amuse- ment to others, and the greatest good to the c-reatest number should he .1 doctrine dear to the heart of a Demo crat. Charles Lamb once lost bis hat, or stubbed his toe, or something of the kind, and his predicament made sweep laugh so heartily that Ella wished he. could bave amused tho man longer. He forgot his own vexation in th'e enjoyment of the other. All should follow his example If they can Apparently the editor of tho Tele- gram was the "man under the bed" In Dr. Brougher's series of sermons. WEX J. The Wrongs of Poland. New Xork Evenlntr Post. Whether it be riot or revolution that St. Petersburg I3 facing, the meaning of the outbreaks In Poland and Lithuania Is not In doubt The Poles are watching clr opportunity, and Nicholas II. In maing, as was nis tamer years ago. nHll hnvi tn pmprpp t n pratinln nnf nnlv ..u liberalism and nihil sm and an- faxchy. but with what Is an even grim- mer specter in the eyes of Russian auto- crats the Polish question. The horrors of the insurrections of 1S31 and 1S63 are still unforgotten in Warsaw, as In St. Petersburg, and the Poles of Lithuania. Podolia And the Ukraine have a list ot grievances almost as long as that of their brethren In Poland. It Is everywhere the same dismal story, slightly varied to the same dismal story, sllgntly varied to suit the particular locality-property wrested from Polish landowners, the virtual suppression of Polish as the language of courts and commerce, the more or less comyieie exuncuon ot ro- the crime of conversing In Polish in the streets or In any public place, the pro hibltlon of bringing across the frontier a Jfousn paper irom uracow or Lem berg, the persecution of tho Catholic clergy, of Jews and Ruthenlan priests not to mention the sudden visits of gov eminent spies and the deportations of suspects" to Siberia. When Alexander III ascended the throne, though prisons were full and tho press was muzzled and extortion was rife, he could count on the army, the peasantry, the nobility and the church; Russia was at peace with tho world, and Poland was quiet. His son finds traitors among nis onicers, among 1 neusH.1113, uhj aiuiuuou, oiiu nits puo is t.K nrmlPt. nre Vouted. and Poland is ret. peasants, the aristocracy, and the priests; less. -vill Nicholas II be wiser than his father? Class Distinctions In England; London -Truth. In England the upper class gambles. but does not drink; the middle class I OIinKS UUb UOE3 I1UL KttUlUie. ctllU WIG tinner class makes' laws .to Drevent the lower- clas3 from gambling, and that "the lower class Is in favor of legislation, to prevent the upper class from drinking. DIGGING INTO MYSTERIES. Colorado Contest Committee Finds Experts Are Not Infallible. DENVER, Feb. 2. One of the myster ies of the alleged ballot-box stuffing at the election last November was cleared away by a witness in the Peabody-Adaras Gubernatorial contest before the joint legislative committee this afternoon. The experts In a number of precincts have de clared a number of ballots probably il legal because they were not creased in such a manner as was necessary for them to be passed through the slot In such boxes. Alderman A. D. Mauff identified his bal lot, and on cross-examination he was asked to show how he folded it to put It through the slot. This brought out the statement that many of the ballots in that precinct had never been In the bal lot-boxes, because there was not room for them. Instead, with the consent of the olfct inn nfTIMnln anr? Vir Sunromii Cntirt watChers. they were cast in the outside hcasc of the ballot-box and were not fold cd in the same manner as those which were put In the ballot-box proper Most of the witness examined this af ternoon were foreign-born persons resid ing In Elyria. a suburb of this city, whose ballots had been declared by the Peabody experts to be fraudulent. They identified their ballots when they were shown them. but were unable to pick them out of a number. Each witness wrote the word "Democratic" In the same way as that .1, vu,- Th(j unJJCalr of haols rc ortcd on a testified were written by the same hand. In one bunch were found those voted by j John C Twombley, former Postmaster of Denver, and Milton Anfangcr, a Republi can State Senator, and two members of his family Mr. Anfanger. who Is a member of the committee, was shown a ballot included among those reported fraudulent, bear ing the number opposite his name on the poll book. Ho declared the handwriting resemoiea nis very.cioseiy ana ne couia not say that the ballot was not the one "- c u.-u. iv ienuu umi ut; intended to vote a trnlf?hf Rpniihlirnn ., . . - - - -;v"7; ""V" "r;" a. and was rpdsed to Hnd a cross opposite the name of a Democratic candidate for Representative. He be lieved a great deal ot repeating was car ried on at a number of polling places in the city where ho visited during the day. Cross-examined as to his competency to sit as a fair and impartial juror in the contest, he admitted that from what he saw on election day he believed that a great deal of fraud was committed In the Interest of Alva Adams and. therefore. doubted his competency to judge fairly and impartially according to the evidence admitted. He denied that his having attended meetings, caucuses and confer- ences of members of the Legislature at Peabody was discussed would have any test. Dr. Thomas M. Hopkins identified his ballot among the alleged fraudulent bal lots. Robert S. Lamont, a Republican elec tion judge In Precinct Six. Ward Four teen, where a number of alleged fraudu lent ballots were found by experts, testi fied that the election was "fair and square," and that the Supreme Court watchers found no fault with the conduct of It. He admitted that he was away from- the polling places for 10 or 15 min utes, but said that his watchers and those of the Supreme Court were present dur ing W3 absence- Two other witness identified ballots de clared fraudulent hv exnerts ns their mm. Deputy Sheriff Chaffer, who acted as a Democratic judge of election in Precinct Six. Ward Fourteen, identified several ballots he prepared for illiterates. Some of these were cast for the Republican ticket. FUSILLADE BY .GENERAL BELL. He Fires Torrent of Fierce Language a Miners Union. I nt-VArVD Vah . 1 IH1tnii haiac. sUy reCocnizes no Iaxr. either civil or social." says Adjutant-General Sherman Bell, of this state, In his biennial re- Port, made today. Referring to the use ?z v Vs in tne mining camps our- b(y.8 administration, the Adjutant- General use3 the following language: I As military commander, the authority and dlgnlty of the State of Colorado were at all times upheld and asserted. In seeking to amel loratc a condition of dynamite, murder and anamination, under the guise of labor, that waa intolerable. Autocratic In name and speculative In its In corporated "trusts," not the unionism recog' nlzed to associate ' with working Improvement In the condition of the honest working people of the state, their wives' and families better I ment. but fire-eating Socialists and anarchists. fanned bran un-American press, the whole out- lit will some day cause the lawmaker both to suppress and banish beyond the state line. J Buch action becoming a. "citizens' necessity." by the lawmakers, and necessary for the pro tection and welfare of the Individual who labors for -wages, whom Individually and col lectively I have the highest respect and regard for. as well as for their happiness and pros perity. Will Send One Man to Prison. nnrnifm I'nh ? T?enreentnt!vo Frank D. Comerford, who made charges of wholesale, corruption In the Illinois Legislature, arrived in Chicago today from Springfield and added to his sensa tional statements. One- man at least Ls going; to the- peni tentiary as a result of the Inquiry." he said. "I will make good my charges. 1 b0 e name of the man who was of icreu me un w:, ao won u mo unuw, Against Joint Statehood. SPRINGFIELD. 111., Feb. 2. A joint resolution was laid before the. House today from the Territorial Legislature of Arizona, sltrned by the Governor and other state officials,- requesting tne 11- llnols Legislature to ask Illinois Sena- tors and Congressmen to use their In fluence against the bill proposing joint statehood for New Mexico, and Arizona. May Oppose Joint Statehood. MADISON, Wis., Feb. 2. Petitions -nraro nnuntoil In hnth hranches of the T.en-lslature from the Lesis- V1 AnSn? nnSnSS the bill In " " " ,',. gonf ess which dIS?jo one . , -At, i w.-h th Wisconsin T.eir- islature, to oppose the bill. MAY ABANDON THE TOWN. Russians Believe Japanese Will Stifle if They Hold Sandepas ST. PETERSBURG, Feb. 2. The War Offlce today ha? n0' rccelX any further official dispatches from Manchuria and nothing- was known of the counter attack of tho Japanese from Sandepas. Accord- duty thereon, and when he exports a barrel of Ing to tho latest official information, the flour, tbe product of this wheat, get in draw bombardment is continuing. back, such portion of 09 cents- as the market The General Staff was reluctant to ex- valu& 01 the barrel ot flour bears to the market .nininn hut- (f. wn nr. value of the entire Droduct ot the imnorted ' . ,mrrohahie that the Japanese mnv n . tnpmseivcS conmelled to abandon on,lpna for m oointed out In Hi. patches from Mukden, the position of the lnfnnrioro mllSt ne xcell.nlirn lintonohln nn account of the burning down of the houses surrounding the central strong hold, whiob is still held by the Japanese. Being their citadel, it is completely cov ered with earth and pierced only with loopholes and embrasures for guns, and difficult tor the defenders to breathe. In I addition, under the pounding of mortars and' heavy artillery, any fortification. however strong, must gradually crumble. WORKS BOTH WAYS, Policy of Republicans on Tariff Draw backs. O REG ON I AN NEWS BUREAU, Wash ington. Feb. 2. The purposes of the Re publican policy on the tariff question are clearly set forth In a letter written by Secretary Shaw, ot the Treasury Depart ment, in reply to a resolution recently passed by the General Assembly of North Dakota expressing the opinion that grant ing a drawback on flour manufactured in part from Canadian wheat and In part from home-grown wheat would practi cally nullify the 25-cent per bushel duty on wheat. Mr. Shaw shows that the drawback is in accordance with the policy of encouraging the manufacture of goods for export abroad and contends that It Is not Inconsistent with that ot reserving the American market for American pro- ucers. He says Section 15 of the Dingley tariff act relates to manufactures In bdnd. Material used In bonded factories pays no duty whatever, and the question of drawback does not apply. Section CO of the Dingley tariff act unequiv ocally permits a drawback on the exporta tion of articles produced wholly from im ported material. This, of course, applies to flour as well as to other manufactures. Thus far there is no conflict of opinion. The only ambiguity Is in reference to a drawback on the exportation of articles pro duced In part from imported and in part from domestic material, when the amount the Iportcd material does not so appear to the eye In the copleted article that the quantity or measure thereof can be ascer tained. You will see that It Is Important to understand the Issue Involved In order to understand either the argument In support of the request or the effect of granting the same. Legal Points in the Case. It Is conceded, of cours that the amount " of a barrel of Hour does not appear to the cr. ui mi anampus casr Aiionirfwnenn l-.i .,.. . ..... " " "u""'"t TTh. a drawback. This opinion was overruled. however, by Attorney-General Grigg.. who. In an analogous case, hold that If the amount of Imported material was ascer tainable In any other way than by the exer cise of the sense of sight, the drawback could be allowed. In his opinion the requirement was not if the amount of imported material used was made to appear to the knowledge and understand ing of the person charged with the respon sibility of deciding. This opinion. I repeat, overruled the opin ion of Attorney-General OIney. aud Is as binding on the Secretary of the Treasury as though the OIney opinion had never been It does not leave the Secretary of the Treasury in the position of having two opinions, with a discretion as to which one he shall follow. But. antagonistic opinion having heen ren dered, and there being some opposition to the request. 1 have taken occasion Again to submit the question to the Attorney-Genera. I doubt not your body 'will aporove this course. The Treasury Department, in the execution of the laws. Is controlled by tho opinion ot the Attorney-General, and his opinion Is the department's court of last re sort. Having explained what ha been done. I would be authorized to dismiss the subject, but I notice In the resolution the expressed opinion that "the grafting of the applica tion will practically nullify paragraph J34 of the Dingley law." Evidently Mr. Dingley was not of this opinion, for the two pro visions are in the same bill. But If you are correct, and It section 30 nullifies arty por tion of the act of which It is part. thn th remedy is with Congress, and not with th administrative branch of the Government. The provisions of law under consideration first appear in the McKInlcy tariff act of 1S90. In his speech explaining what waJ Intended, after referring to the right ot drawback previously granted on articles pro duced wholly of foreign material. 'Sir. Mc KInlcy uses this language: "We have extended this provision and in every way possible liberalized it so that the domestic and foreign product can be combined and still allow the exporter 90 per cent upon the duty he pays upon his for eign material intended, for export, which Is In effect what free traders and our political opponents are clamoring for, namely, free raw material for the foreign trade." McKinley's Policy on Drawbacks. During the speech Mr. Springer Interrupt ed: "Will tho gentleman permit me to ask If that applies also to wool?" To this Mr. McKlnley answered: "Yes. It applies to any thing they choose to Import for purposes of manufacture." It therefore occurs to me that possibly you may have slightly misunderstood the intent ot the Dingley tariff act and the. preceding McKlnley tariff act. Tariff sched- ules were cnactea for the purpose ot pro tecting the American producer within the American market, and sections lo and ."0 of the same law were enacted to aid the American producer In his efforts to success fully compete in the foreign markets. You will readllv understand that Congress could not protect the American producer Jn for eign markets, however it might try. Taking this view of the case, you will recognize that the two provisions protection for the encouragement of American producers for the American market and drawbucks for the encouragement of American exporters are consistent. If I understand tho Dingley lav correctly. U in effect says "to the American producer, artisan and farmer, you shall have protec tion within tho American market. Whoever Invades the American market must pay duty upon the articles with which he makes In vasion. But the same law says to the American exporter, if you will employ Amer ican labor, pay American wages, you shall havo every possible advantage In your ef fort to reach foreign markets. You shall have free Iron, free lead, free wool, free hides, free wheat, free everything except la bor. There must bo neither contract labor nor coolie labor employed, even In the man ufacture of goods for export. American wages must bo paid so that the American laborer shall be able to put a roof over his family, unpatched clothes upon his children and have meat upon his table at least once a day. If I am correct, the Dingley law Is consistent with Itself, and docs no violence to the principle of protection to and the en couragement of American industries. Question of Wheat Drawback. From what I have already said. It will ap pear that the real Issue involved is quite Im- portant. The American manufacturer of flour h the unquestioned right to grind Imported wheat In bond, export bis product, and pay no duty. He alio has the unquestioned right to grind Canadian wheat out of "bond, and. If he export all his product, .get a drawback equal to 09 per cent ot the duty he has paid. He also has the unquestioned right to export a portion of his product, and get a proportionate share of the 09 per cent of the duty he has paid, based upon the relative market value of the portion exported and the portion entering the American market for consumption. This has been passed upon and approved by the Su premo Court of the United States. Worked out in an actual example, have this proposition: The American miller can im port, say. four bushels of wheat, paying $1 wheat. The question submitted to the Attor ner-General is whether tho Amorican miller can Import two bushels of Canadian wheat payln 50 centB ,n dul5' ?Iend tDls wlth two I uujutia vi "luuiuu. .. -K Ui flour and recover any portion of the duty he has- paid. It has from the beginning eemed a little strange to me that there should be so much objection to the consumption ot a moiety of American wheat. Believing the question has not been fairly presented to your body, I have taken the lib erty of replying somewhat In detail to your very courteous resolution. I have . carefully avoided the legal questions Involved; My aim has been rather to Invite careful Investigation of all phases , ot the question than to support a conclusion.