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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 14, 1905)
'6 THE MOBXING OREG0KIA2?, TUESDAY. 'FEBRUARY 14, "1905. Entered at the Postofflco at Portland. Or., as second-class natter. SUBSCRIPTION RATES. INVARIABLY IN AJ3VA2CCE. . (By Mall or Express.) Sally and Sunday, per year $9.00 Dally and Sunday, six months 5.00 Dally and Sunday, three months 2.55 Dally and Sunday, per month 83 Dally without 6unday. per year 7.50 Dally -without Sunday, six months..... 3.00 Dally without Sunday, three months... 1.03 Dally without Sunday, per month 05 Sunday, per year- 00 Sunday, six months 1-00 Sunday, three months 60 BY CARRIER. Dally without Sunday, per week 15 Daily jer week. Sunday Included .20 THE "WEEKLY OREGONIAN. (Issued Every Thursday.) Weekly, per -year 1.50 Weekly, six months 75 weekly, three months 50 HOW TO REMIT Send postofflce money order,, express order or personal check on yonr local bank. Stamps, coin or currency are at the sender'o risk. EASTERN BUSINESS OFFICE. The S. C. Beckwlth Special Agency New Tork: Rooms 43-50. Tribune building. Chi cago: Rooms 510512 Tribune building. The Orrgonlan docs not buy poems -.or fortes from Individuals and cannot unaer 1k to return any manuscript sent to it "without solicitation. No stamps should bo Inclosed for this rurpose. KEPT ON SALE. Chicago Auditorium Annex; Postofflce News Co., 17S Dearborn street. Denver Julius Black, Hamilton & Kend rlek. 906-812 Seventeenth street, and Frue auff Bros., C05 Sixteenth street. Kansas City. Mo. Rlcksccker Cigar Co.. Ninth and Walnut. Los Angeles Harry Drapkln. Oakland, CaL W. H. Johnston. Four teenth and Franklin streets. Minneapolis M. J. Kavanaugh. 50 South Third; L. Regelsburger. 217 First avenue South. New York City L. Jones &. Co., Astor House. Ogden F. R. Godard and Myers & Har rop. Omaha Barkalow Bros., 1C12 Farnham; 11 ft Eta th Stationery Co., 1308 Farnam. Salt Lake; Salt Lake News Co.. 77 "West Second street South. San Francisco J. K. Cooper & Co.. 740 Market street; Foster & Crear. Ferry News Stand; Goldsmith Bros., 230 Sutter; L. E. Lee. Palace Hotel News Stand; F. W. Pitts, 1008 Market: Frank Scott. 80 Ellis; N. Wbeatley, S3 Stevenson: Hotel St. Francis News Stand. Washington, D. C. Ebblt House News Stand. PORTLAND, TUESDAY, FEB. 14, 1903 AS TO "TIME AND SPACE." Origin of our notions of time and space has been discussed by many metaphysiciansperhaps more clearly by Victor Cousin than by any other. The inquiry serves no practical purpose, except In so far as it may throw light on the nature of mind Itself. Children all of whom are natural metaphysi ciansgrow weary in vain effort to grasp the Idea of endless time and of limitless space, 'butolder persons usual ly trive up the undertaking' as hopeless; for it is Impossible to think of either time or space as less than Infinite. But as the. French .metaphysician -showed, the origin of the notion of either comes from our experience of the divisions of time and space which we are forced to make In our practical lives, and from the concept of universal extension that follows it. However, as Professor Th. Kibot, of the College de France, - remarks In'his work, "The Evolution of General, Ideas," the true concept of space "was constituted on the day when the an cient geometers disengaged . from the different extensions what they termed dimensions, and the true concept of time when the first astronomers, wlth- out knowing what they did, disengaged the essential characteristics of time, re garded as an abstract conception, from its present and momentary manifesta tions. "Moreover," Professor Rlbot adds, "they introduced measure. The Chaldaeans of Alexander's time, -who . possessed a series of astronomical ob servations embracing a period of 1900.. years, "who made an error of only two minutes in their computation of the Sidereal year, "who determined a cycle of 6585 days by which they were able to calculate eclipses; who later on pos sessed the clepsydra, hour-glass and other, more or less imperfect Instru ments ;for measuring the subdivisions of the day; all these counted for more than metaphysical speculation in rid ding our subject of popular concep tionsor at least to a large extent pre pared the way. Accustomed as we are In civilized life to a convenient and exact knowledge of the flow of time, measuring It off at any moment by clocks -and watches, -we forget b.ow widely different must be the state of mind of the. man whose only guides are approximations; such, e. g., as the varying "height of the sun in' different seasons, "with other natural changes, apt .to be misinforming. The one life is precise, the other vague, or at least mysterious." It has always been observed that the typical Oriental Is almost indifferent to the flight of time, and therefore to this day is not much interested In its dates and measurements. The English have observed that the Introduction of rail roads In India did not- stir the natives to much unwonted activity. Travelers have remarked that the natives would go to the stations to take the cars hours in advance of the schedule time, not be cause they were at all restless or in a hurry, but rather because they did not in the least object to waiting. It is the feebleness of their sense of time that gives to the Oriental peoples their .seemingly inexhaustible patience. This trait, this indifference to" time, has been attributed in part to Oriental philoso phy. A great part of the Asiatic world regards human life as something in It self undesirable and unimportant. The Buddhist practices virtue in order to escape from the wheel of life, and so to get finally rid of every form of terres trial existence, once for all. The fact that it is difficult to fix the date of the birth of the Buddha, Gautama, is due .to the failure of the ancient people of India to erect permanent monuments and to preserve exact chronicles of im portant public events. The magnificent architecture of India has been mainly the work of the Mohammedan con querors of that country- The Brahm anist and the Buddhist did not care to leave behind themselves any kind of memorial other than the cult which taught the valuelessness of Individual existence. It has taken the European- and the American especially the American to quicken for the world a sense of the ex treme urgency of the call of the mo ment. "Time," said Franklin, "is money," and now money has come to mean nearly everything food, cloth ing, shelter, luxury and. amusement, and the opportunity of culture. But the "Western world is only too much Im pressed with the need of being In a hurry. In the midst of ail these rush ing and driving millions, a man of a philosophic habit of mind may some times suspect that if the Hindoo has gone to one extreme his countrymen have gone to the other. Life can be neither understood nor thoroughly en joyed by one whose nerves are never quiet, and who never allows 'himself respite from the forces which he per mits to drive him on. The question whether time and space exist at all, except in the human con cept of them, brings the philosophy of the great George Berkeley to the front; and of the great Francis Bacon, tou, who resolves pretty much all 'the oper ations of the mind Into various kinds of "idols" chief of which are our sensa tions or perceptions of the phenomena of 'the external world. NO TREATIES WITH EUHOFE. Eight treaties negotiated by Presi dent Roosevelt with European powers have been upset by the 'action of the United States Senate. The Senate ap peared to think that its prerogative had been Invaded hy the President when he sought to make general treaties with foreign nations that all future dis putes should be submitted for arbitra tion to The Hague tribunal. The con troversy between the President and the Senate arose from their differing inter pretations of the -meaning of a single word. It was vital, however, and the President has now withdrawn the treaties, and we shall be 'without any sort of" agreement with European pow ers except a general engagement by the signatories to The Hague tribunal that certain things shall be decided by that body: The. treaties which President Roose velt and Secretarj Hay have negoti ated provided that all disagreements between this country and the foreign powers, except as to questions affect ing the National honor, or any other vital issue, should be submitted to ar bitration. It is obvious that the prob lems likely to arise under this treaty would consist mainly of pecuniary claims and the like. Under the Consti tution it was necessary for the Presi dent to submit the eight treaties to the Senate for ratification. A stumbling block came when the Senate insisted upon amending Article 2 by the inser tion of the -word "agreement" in place of the word "treaty." Tne article reads as follows: In each individual case tile high contract ing parties before appealing to the perma nent court of arbitration shall conclude a special agreement denning clearly the mat ter In dispute, the scope of the powers or the arbitrators, and the periods to be fixed for the formation of the arbitration tribunal and the several stages of the procedure. It .is evident that the President sought thus to avoid the clear provision of the Federal Constitution that all "treaties" should be submitted to the Senate, where their ratification depended upon a' two-thirds vote. If the word "agree ment" had been accepted by the Senate, then under the general arbitration treaty the Senate would have left spe cifically to the President and the State Department the authority to make "agreements" with any foreign nation as to the' terms of any dispute to be submitted to arbitration. In other words, the Senate appeared to consider that the President had clearly rnvited It to surrender Its constitutional prerog ative of making treaties or agreements, while on the other .hand the position of the President was that, th3 Senate hav ing agreed to arbitration by this treaty, the arrangement of terms by4 him would be simply a matter of detail. It was obvious to the President, as It will be obvious to the Nation, that the de mand of the Senate that it must "be. con sidered fully in the arrangement of all future disputes amounted simply to a requirement that no arrangement for arbitration In any given cause can be made by the United States with any foreign nation to which the Senate is not fully and specifically a party. On the other hand, the posi tion of the President is unques tionably' correct that the ratification 6f the eight treaties as amended by the Senate emasculates entirely Its pro visions and simply binds the United States by one treaty to make another , treaty when the occasion arises. It Is unfortunate that our treaty-making machinery is so cumbersome that there cannot be left to the President, within defined limits, the general power to ad 'just any of the vexatious and frequent ly trifling disputes that are at any mo ment likely to arise between the United States and the European countries. HOMICIDES EN' OREGON. ' Fiorebello's evasion of the police after his coldblooded murder of a woman calls attention anew to a condition of affairs -that Is In no wise . creditable to Oregon. Too many persons guilty of homicide in this state escape capture; and of those captured too many escape their just deserts. The Oregonlan yes terday published a list of the homicides committed during 1904, and the statis tics disclose the state's comparative freedom from this crime and its cen surable laxity In dealing with the In stances that occur. Comparison be tween the homicides In the Nation and In Oregon may be made from the fol lowing table: In United States during 1008 Number of homicides S.8 Homicides for each million of population, llti Hangings , In Oregon during J904 Number of homicides 30 Homicides for each million of population. 72.5 Hangings None Oregon is thus seen to hold a high place in comparison with the countryln general, and the rate of 72.5 homicides per million of population, being based on the census of 1900, Is really much too high. There is no doubt that Oregon would hold much higher position in this respect if murderers were promptly apprebended, tried and punished. The state has little to pride itself upon In this aspect of the question. London, .with Its millions of population, had twenty-four murders in 1903. Nine per sons were hanged for these crimes, and In no instance did the guilty escape being brought to trial, if three who committed suicide be excepted. Oregon last year had thirty homicides, and in twelve Instances, or almost half the number, no arrests were made In con nection, with the crimes. In five in stances' the murderer was killed or committed suicide, and in nine In stances the persons arrested were re leased, acquitted or exonerated. Two persons were sentenced to the peniten tiary for life, and two cases are now on appeal. This Is not -a satisfactory record from the standpoint ' of enforc ing due respect for law. "What Is the cause that produces this laxity in maintaining the law? S". s. McClure, who lately published an arti cle on "The Increase of Lawlessness In the United States," In his magazine, attributes the state of affairs to the in fluence' of corrupt politics, especially as it affeots the conduct of police de partments. In a broader view, of course, the responsibility rests upon the individual citizen. It must be admit ted that the "stool pigeon" methods of many American police departments do not tend to general efficiency, and it is a painful commentary upon such methods that stolen property, however skillfully the "trick was turned," can almost invariably, be recovered for a consideration while murderers go un arrested and unpunished. The death of Creed Conn is unavenged, the rimrderer of Freda Guarascla goes unhanged, and Fiorebello is still a free man. These three 'cases show three different as pects of the same fault. In the Conn case the apathy of the people Is to blame; in the Gugliclmo case the delays of the law, and In the failure to appre hend Fiorebello is manifested a' lack of prompt and efficient action by the police. NATI ONAI.ITIBS. Among the most Interesting of the movements in "world-politics" are those tending to the reconstruction of ancient nationalities. The last gener ation saw the absorption In wlde stretchlng empires of those which were found unable to stand against the pres sure qf powerful and overbearing neighbors. The instances of Poland, Hungary, Finland, the Danubian Prov inces, Norway and Sweden, Savoy and Nice, will be readily recalled. But It seems that the instincts and ties of na tionality may be overborne for a time, but cannot be utterly suppressed, and that tide of restoration is running high and strong. In every-case this passion is inspired and permeated with the love of liberty and constitutional government. It is institutions, ' not persons, nowadays, that are in question. The Czar of Rus sia, In overcoming Finland, swore to be Its constitutional Duke. Probably be fore the recent massacres of the upris ing peoples Nicholas II might have re gained the loyalty of Finland If he had been wise enough to be willing to reign as a constitutional monarch or gov ernor. Poland has never surrendered the passionate longing for her ancient in dependence, and Is now once more seek ing It through bloody insurrection. Hungary was judged to be crushed when at last in 1849 the Austrian ar mies, with their Russian abettors, over ran her wide plains, dominated her cities and decimated the last remnant of her fighting patriots. Louis Kos suth, the most eminent of the Hungari ans, who had fought It out to the bitter end, escaped In person, was condemned and hanged In effigy, and ended his days In honored exile in North Italy. How strange a "whirligig of time" which has. brought Its revenge when FrancIsKossuth, his son, as the spokes man of Hungarian Independence, is welcomed to Vienna and Is freely con sulted by the same Emperor ..Francis Joseph who condemned his father to death. The present movement for Hungarian independence, with the old Emperor Francis Joseph as the Apostolic King, seems like a struggle for an idea rather than a bursting of any bonds of des potism. On June 8, 1867, this -same man was crowned King at Budapest, and swore to maintain the constitution of the dual monarchy of Austria-Hungary, and specially the right qf the ancient kingdom. Since then Hungary has lived in a condition of personal free dom for her inhabitants, and legislative Independence In all . matters except those reserved as common ground for the two parts of -the composite whole. She has an upper and lower house of Parliament, the" upper comiMsed chiefly of the noble landowners, higher Roman Catholic clergy and some officials. The lower house, with 453 representatives, is freely elected by the people. The army, recruited from the whole em pire, has been one cause of still exist ing difference. In December. 1908, this same Francis Kossuth announced that his party, representing chiefly young Hungary, would thenceforwards work for independence of Austria by consti tutional methods, having no Idea of re volt or Insurrection. The declaration of rights In Hungary 16 that the source of every right, and in the army the source of rights appertaining to language, lies In the will of the nation expressed through the Legislature. The ties to Austria lay in the joint oonduet of for eign affairs. In the joint army, and In finance. These the Hungarians, If led by Kossuth, will seek to break, leaving only allegiance to the common ruler and the joint management of foreign affairs to stand. t ELIMINATING DISEASE. In a recent address before the Na tional Geographic Society, Dr. Louis Livingstone Seaman, who made a study of the war in Manchuria, set forth In detail many surprising facts concern ing the health of the Japanese sol diers, a subject referred to a few days ago In these columns. Immunity from common camp diseases was brought about by, taking care of the army's digestive apparatus. The little brown man was taught how to treat his in testines and consequently his Intestines treated him with equal consideration. His plain, rational diet is digested and assimilated. A few cases of respiratory diseases were noted by Dr. Seaman colds, bron chitis and occasionally pneumonia contracted In fording rivers, exhaust ive marches and bivouacking on wet ground but of the many thousands in the hospitals there Avere few medical cases and scarcely a score that came under the classification of "diseases of the digestive system." Upon. this fact Dr. Seaman comments: Thdreln lies one of the greatest secrets of the Japanese success. Napoleon never made a more truthful statement than when he said: "An army lights on its belly." The Japanese have that belly, and they take good care "to keep it In fighting order, not by Insulting it three times a day by cramming It with material totally unsuited to the sol dlcr'a necessities, thereby exciting Irritations and disease, but by supplying It with a plain, palatable, easily prepared and eas ily digested ration that can be thoroughly metabolized and converted Into the health and energy that make its owner the Ideal fighting machine of the world toda. This close observer noted that the Japanese are the first to recognize the true value of an army medical corps. The medical officer is omnipresent. You will find him In countless places where in an American or British army he has no place. He is as much at the front as in the rear: He Is with the first screen of scouts with his microscope and chemicals, testing and labeling wells so the army to follow shall drink no contaminated water. "When the scouts reach a town he Immediately In stitutes a thorough examination of its sanitary condition, and if contagion or infection is found he quarantines and places a guard around the danger ous district Notices are posted, so the approaching column is warned, and no soldiers are 'billeted- where danger ex ists. Microscopic blood tests are made In all fever cases, and bacteriological experts, fully equipped, form part of the staff of every divisional headquar ters. If the testimony of those conversant with the war can be accepted, supple mented by Dr. Seaman's own observa tions, the loss from preventable dis eases in the flrst six months- of the terrible conflict vs but a fractlon'of 1 per cent. This, too, In a country no toriously unsanitary. Compare this with the fearful losses of the British from preventable diseases in South Af rica, or, worse, with our own losses in the Spanish-American War where. In a campaign the actual hostilities of which lasted six weeks, the mortality from bullets and wounds was 268, while that from disease reached the appalling number of 3862, or about fourteen to one, or 70 per cent 1 per cent against 70 per cent. Naturally one asks. Were these re sults anticipated? As an answer, the statement of a distinguished Japanese officer, when discussing with Dr. Sea man the subject of Russia's over whelming numbers, is pertinent. "Yes." he said, "we are prepared for that. Russia may be able to place 2.WO-.Q00 men In the field. We can furnish 500,--000. You know in every war four men die of disease for every one who falls from bullets. That will be the position of Russia in this war. We propose to eliminate - disease as a factor. Every man who dies In our army must fall on the field of battle. In this' way we shall neutralize the superiority of Russian numbers and stand on a" comparatively equal footing." Japan Is the first country In the world to recognize that the-greatest enemy in war is not the army of the invader, but a foe more dangerous and treacherous preventable disease, found lurking in every camp. Those enterprising aeronauts who successfully crossed the English Chan nel in-a balloon are readj. to guarantee a safe passenger service. It Is not likely, however, that the various cross channel lines of steamers will be put out of business for some time to come, despite the fact that travelers by bal loon would avoid the risks of collisions and the terrors of seasickness. The balloon might be. more or less safe, but passengers for France usually have some more definite 'destination than the Continent, and to be landed on a lonely hill, or in a town a hundred miles from -Paris, or in the top of a lofty tree, would be so awkward an ending to the voyage that Its advan tages would be outweighed. Abraham Lincoln many years ago, In a case for an Illinois railroad that made him great reputation as a lawyer, ad vanced the' doctrine that the right to cross a stream was not subordinate to the right to navigate It. So it is a fact that the people of Portland have as complete a right to cross the Willam ette River as the steamboats and other vessels have to navigate It. The prob lem now Is to adjust the controversy so that the river may be both navigated and crossed. If Judge Webster shall find a way by which there may be al ternate and frlctlonless exercise of the undoubted right of the vessels arid the undoubted right of the public, he may be looked upon as a friend and bene factor of all concerned. With the approach of the Lewis and Clark Fair there have been organized in Portland societies of termer resi dents of various states such as Illinois and Nebraska which have undertaken to interest and instruct the people In their old homes as to the beauties and attractiveness of the Exposition. In Portland there are many residents of Southern States .not enough from any one state, perhaps, to form Individual societies, but in the aggregate numer ous enough to make a large and influ ential body. Why not a Dixie Society? The Lewis and Clark Fair ought to be seen by many people from the South, and a Dixie Society could do much to bring them here. Senator Pierce deserves credit for standing firm in his position against a method of procedure which has been productive of vicious legislation in the past. It has been a rule of the Legis lature for years that bills which have passed one house cannot be sent to the other during the last two days of the session. Under this rule each house had a mass of bills thrown before It on the third day before adjournment and the measures were rushed through without due consideration either by committees or by the members upon the floor. The same haste was necessary in enrolling the bills, and clerical errors were added to legal defects and' Incon sistencies The editor of the Novoe Vremya has shown considerable wit of late, and his latest suggestion that the government of Russia be turned over to an Ameri can syndicate Is In his peculiar vein. It would be vastly Interesting if this sportive suggestion could be put into practice. The president of a great American railroad or other corporation might be placed I charge of the em pire's finances, with power to select his own assistants and ' to have enacted such laws as he thought best for the economic welfare of the people. The Czar might try this, but he would have to prepare to be astonished by the good results that would follow. Reference 'was made recently to the plans for exchanging American and European college instructors. In the religious world the same Idea seems to prevail more strongly, and Is being put Into practice to some degree. ' London Is having a "revival" conducted on a huge scale by the Americans' Torrey and-Alexander, and now the Rev. W. J. Dawson, a well-known English noncon formist clergyman, has been invited to come over to this country to conduct a series of revival meetings here. Modernity and medievalism are curi ously mingled In the report from Mex ico City that a huge new bullring is to be built of steel and masonry. The structure is being planned on the most improved methods of construction, and Is to give 18,000 persons an opportunity to witness in comfort the slaughter of horses and bulls. Cuba has .engineered an International automobile race to a bloodless finish, proof enough of 'Cubans capacity for government. Fiorebello, the murderer, ls.'stlll at .large. But you never can. tell. The police might get him. - -' Lawsoh. and Kansas :ndw" let;Hocke fcller quaiL " "-" NOTE AND COMMENT. . The London Globe gives Jhe following scrap from an Irish police court: "Are you an Irishman?" "No, but my mother was." Judging from the price paid by the New York Times for Disraeli's unfinished novel, every famous man should do his heirs a good turn by leaving a fragment or two of some literary work. Andrew Lnng says that the worst-thing about knowing history is that such knowl edge spoils historical novels for one. We should regard that as the best thing about history. i "The Pnn-Amorlcan Bank of Chicago" had such a fine mouth-filling name that It is not surprising to learn that its ofllce fittings 'were borrowed. This is Valentine's day. as perhaps you have learned from your letters. It Is probably true that more sugar-coated untruths are passed, through the malls today than during the rest of the year, and the same may bo said of the unpal atable truths. Score another for woman. In a pistol tiuei between husband and wife at Oak land. It was the husband- who was shoL "Cecil is assuming metropolitan airs," says the Cecil correspondent of tho Ions Proclaimer. "We have had two bur glaries and a ghost story-" Cecil will have to do better than- that in the bur glary line before she may. hope to com pare with Portland. Now that tho grand jury Is through with Its work, honest men can go their ways without persecution. The suggestion by a St. Petersburg ed itor that an American syndicate be asked to run the Russian government Is ab surd. Our syndicates are too busy run ning the. American Government. Romance is dead. Hoch won his wives by courting them in a "practical" man ner. No sweet nothings, but talks of flats. No moonlight rambles, but holping in the peeling of the spuds. No passion ate adoration, but business proposals to run rooming-houses. No overheatings of the heart, but Unemotional use of the brain. Romance is dead. Blithering Lawson and bleeding Kan sasa groat team. One of the questions asked the candi dates for teachers' certificates was, "What recent laws will Increase the sal aries of teachers?" Full marks all round on that question, no? Another problem was to "mention three things that must form a large part of the reward of a true teacher." We should judge the first of the three was salary, and' the other two don't count. Parlts Is to have a school of dueling, where young men will be taught to stand up to puper bullets. By this extreme measure the young men will treat tho more Innocuous bultets of the real duel with deserved contempt. Portland Is the latest city to claim a Rafflls. As we have no Scotland Yard here, this one was detected. The arbitration treaties might be sub mitted to arbitration. Andrew Lang, in discussing the case of Sorvotus, who was unlucky enough to be roasted alive by Calvin In 1553. says that many authors. If they are aware that this Scrvetus was a proofreader by profession. will think that perhaps he read proofs for Calvin, did not correct the errors, did Introduce fancy alterations out of his own head, and generally got no more than ho deserved. "In fact, I dare say," continues Mr. Lang, "that somebody will propose the health of Calvin at an authors-' dinner because he burned a proof reader. I dissociate myself from these extreme views, and condemn the inflic tion of that form of capital punishment." Father Gopon Is bottled. With renewed activity in the bomb market, the Czar probably opens his val entines- with a long pole. Young Congressman Hearst appears to speak In scare hoads. Jack London surely heard the "Call of the Wild" when he consented to run for the Mayoralty of Oakland. Says the Argonaut: An Odessa, Mo., man found Is necessary a few days ago to lay aside his good clothes and put on a dirty, ragged suit and help clean up the machinery in his- place of business. Then he went home, and as he entered the front gato he' met a tramp coming out. The tramp mistook him for one of lus kind, and said: "There's no uso to go in there, pard, that's the meanest white woman living." WEX. J. - NO LAND LEGISLATION AS YET President Will Strive for Reforms Next Session. OREGONIAN NEWS BUREAU. Wash ington, Feb. 12. From an Oregon stand point, the most Important feature of the report of the Public Land Commission, made public today, is the recommenda tion that tho lieu law be repealed. This.! Jaw has been at the bottom of the greater portion of the land frauds that have so far been unearthed, and has operated to the disadvantage of tho Government to a greater extent than any other. The commission recommends that the "right to exchange lands In forest re serves for lands outside should be with drawn and that provision should be made for the purchase of needed private lands within reserves or for exchange of such lands for specified tracts of like area and value outside the reserves." There is no possibility that Congress will carry out this or any other recom mendation of the Commission at this ses sion, but the President will join In an offort next Winter to force through re formatory public land legislation. WON'T CONFIRM WICKERSHAM Senate Withholds Action .Till He Can Answer Charges. OREGONIAN 'NEWS BUREAU, Wash Ington, Feb. 13. Judge Jamos Wlckcr sham. of Alaska, will not be confirmed at tills, session of the Senate. The judiciary committee today votedto make no report on his nomination, which means that he must bo reappointed unless the President decides to drop him. Serious charges were made against him, and apparently sustained, but the committee would not take adverse action unless he could ap pear and answer the charges. This was out of the question this Winter. Prob ably he will continue to servo under tho original appointment until next Winter, when it Is expected he will be reappoint ed "by the President WILL MAKE OKLAHOMA SAFE. Plan of Procedure In House on State hood Bill. WASHINGTON, Feb. 13. Tho Republi can leaders of the House today took the first step towards getting the statehood bill Into conference. In accordance with thi plan previously decided upon. Dele gates Rodey and McGulre, of New Mexico and Oklahoma respectively, began the circulation of a paper among the Repub lican members for signatures. At tho head of this paper Is tho following state ment: In the endeavor of the House to secure the final passage of II. B. 14.7-10 and the admission of Oklahoma and Indian Terri tory as one state by conference between the two houses or otherwise, the undersigned members of the House will support the parliamentary procedure deemed necessary for that purpose by the committor on ter ritories, the. committee on rules or any con ference committee. It la deemed necessary to secure only the signatures of the 33 Republican mem bers who voted against the resolution adopted, exprerslng practically the same idea. It is stated thnt this can readily be done. The next step will be tho in troduction of the necessary rule in thu form of a resolution, which will provide that the statehood bill shall be taken from the committee on territories and sent direct to conference without action by the committee or opportunity for a motion to concur In the Senate amend ments. This activity on the part of those in terested in getting the bill through is taken to Indicate confidence that the Senate ultimately will yield to the House provisions. In this connec tion It is understood that the Honse Is willing to accept the amendment offered ?n the Senato which permits Ari zona and New Mexico to vote separately on the question of statehood. .Should cither of these territories reject the prop osition, the provision for one state out of the territories of Arizona and New Mex ico would, fall, but the union and admis sion of Oklahoma and Indian Territory would be secured. HE DID NOT LIVE IN FLORIDA Evidence Against Swayne Also Shpw3 He Had Railroad Pass. WASHINGTON. Feb. 13. The session of thb Senate as a court on the impeach ment of Judge Swayne continued for somewhat less than two hours, and dur ing that tlmo ten witnesses were exam ined. The statements of seven of them bore upon the residence of Judge Swayne and the prosecution closed on that point. AH of these witnesses testified that It had been Judge Swayne's" habit to remain In Pensacola only while court was in session, about a month each year, and that he generally gave directions to have mail sent to him at Guyen Court, Dela ware. The other three witnesses were intro duced to testify on the charge that Swayne had certified to greater expenses on the occasions of his trips to Texas than he actually had paid. J. I. Jennings, conductor on the Louisville & Nashville Rallroud, testified that the Judge carried an annual pass on tho railroad. In con nection with Jennings' testimony. Olm sted explained that he did not mean to talse the question of Judge Swayne's right to ride on a pass, but that he con sidered It Important when the Govern ment was asked to pay for the transpor tation. RROTESTS AGAINST RATE BILL. New York Exporters and Others Seek to Influence Senate. ' WASHINGTON, Feb. 13. The Senate heard ten witnesses In the Swayne Im peachment trial today and devoted the re mainder of Its time to the consideration of the agricultural appropriation. The major portion of the debate in connection with the appropriation was based on an amendment suggested by Bacon, provid ing, for semi-monthly, reports on the con dition of the cotton crop, which, was amended so as to cover the last five months of the year, and adopted. When tho Senate convened, Kaan had read a memorial from the Export Asso siatlon of New York against the Esch Townsend railroad rate bill, and Clapp a memorial from the Minnesota Legisla ture praying for the enactment of a law for the regulation of railroad rates. The New York protest presented the view that the House of Representatives had acted hastily and that the bill passed was Im perfect. TREAT ALL NATIONS SQUARELY President Speaks to Press Club on How to Avoid Quarrels. NEW YORK, Feb. 13. At the 32d annual dinner of the New York Press Club, at the Hotel Astor, President Roosevelt was the guest of honor. Six hundred or more men gathered about the tables In the main ballrcom, while the balconies were filled with ladies. George H. Rowe pre sided. To his right sat President Roose velt, and on his left was the German Ambassador, Baron Speck von Stern berg. Next to President Roosevelt was Mgr.. Falconlo, papal delegate to the United States. The German Ambassador, In his address, said that during his recent visit to Ger many ho was struck by the rapidly grow ing interest which the German people are showing In the affairs of tha United States. This interest, which in former years was only confined to certain quar ters, has now becomo universal. President Roosevelt arrived at the Ho tel Astor about 12:15. and a few minutes later he was introduced. His entrance was the signal for an outburst of enthu siasm, followed by a second demonstra tion when hq was Introduced. It was about 12:35 when he finished, and an in formal reception followed. President Roosevelt said In part: I am glad to see that you have our good friend, tho German Ambaasador. here tonight. I am glad that you Invited the representatives of the various foreign countries: and I want to say Juat a word about the general attitude of your people in their foreign policy as to what It should be. Fundamentally, it ought to bo based on Just about the principle that ought to govern each private Individual cit izen dealing with his fellow. In trying to act squarely by other nations and of exacting square treatment In return. And there Is another point. Besides acting squarely, talk politely. A voice: "How about the big stick?" Yea, and have that, too, but do not brandish It. In private life not only do wc object to being wronged, but wo object almost as much to being- Insulted. Isn't that true? Exactly. Now let us apply It In the public life In tho same way. And this applies, gentlemen, not only to public men, but to writers for tha public press. I do wl3h that every public man and every public writer could realize the extreme desirability of speaking courteously and considerately of all foreign nation, of all outsldo powers. To speak discourteously, in sultingly, does not do them any harm; It may Irritate them, and, therefore. It may do us some' harm. You remember that Abraham Lincoln said that there Is a deal of human nature In man kind. Now, other nations are very human also, and some of their public men or the public 'newspapers will occasionally epeak un pleasantly of us. In such cases It does no earthly good to answer back; not the least. Do not speak III of other nations. If they speak 111 of us. keep on not speaking 111 of them. In the first place, It will Irritate them more than anything else would to pay no heed to their comment. In tho next place. It won't help, If they have mad errors, for us to make errors, too. The President left the Hotel Astor and entered his carriage with Secretary Loeb. His escort of 12 mounted policemen sur rounded the carriage, which was driven rapidly to Madison avenue and thence to the house of tho President's brother-in-law, Douglas Robinson, where' Mr. Roose velt spent the night, In accordance with their custom, the secret, service men ex ercised surveillance of the house through out the night. It Is said there were mem bers of the detective force within close call. WILL NOT RATIFY TREATIES President and Senate Each Stand Their Ground on Arbitration. WASHINGTON. Feb. 13. President Roosevelt will not present the arbitration, treaties as amended by the Senate, to the countries with which they were negoti ated. In reply to numerous Inquiries bv representatives of the press at the Sta.l Department today. Secretary Hay made In substance the following statement: "The President regards the matter of tho general arbitration treaties as con cluded by the action of the Senate on Sat urday. Ho recognizes the right of tha Senate to reject a treaty either by a dirct t vote in thnt sense, or indirectly try changes which are Incompatible with Its spirit and purpose. He considers that with the Senate amendment, the treat! -s not only cease to be a step forward In tho cause of general arbitration, but are really a step backward, and therefore h- Is unable to present them in this altered form to the countries wth which wo have been in negotiation." Tho arbitration treaties which were amended and ratified by the Senate on Saturday were sent to the President to day. Each treaty was accompanied by the usual resolution setting, forth tho ac tion taken by the Senate. The vote of 50 to nine, in favotof the adoption of the amendment to the trea ties does not give the full strength of the Senatt on the question of insisting upon Its prerogatives In treaty making. Thee were five pairs recorded, but in each casa it was stated by the Senator announcing his pair that he believed If his pair were present, he would vote for the amend ment. There seemed to be a lack of in formation as to whether general pairs covered the subject of amendment to trea ties, and on that account a number of Senators refrained from voting. Senator Alice, who was recorded as voting for the amendment was not present. His namo was confused with that of Senator Alger, who was present and voted for the amendment. The pairs reorded were Depew and M Enery. Proctor anJ Mallory, Clark of Arkansas and Millard. Pettus and Cra. and Simmons and Clapp. Senator Cullom, chairman of ti committee on foreign relations, afi . reading Secretary Hay's statement, said: "The Senate's position is right abso lutaly. If anything is done hereaftt . the President will have to tnko tue Senate Into his confidence. It might re quire a little more time but otherwl-e I can see nothing in the Senate's course Inharmonious with the Pr si dent's Interpretation of his treaty making power." MAY ASSERT ITS PREROGATIVE Movement in Senate to Investigate Protocol With Santo Domingo. WASHINGTON. Feb. 13.-Senator Ba ton Introduced today a resolution calling for an investigation by -.the Senate com mittee on foreign relations of a protocol of an agreement under which It Is al leged that tho United 1 Suites Is now ad ministering the customs affairs in Santo Domingo, or at least a part of such cus toms. The resolution sets forth the fact that a protocol of an agreement avos en tered into at Santo Domingo City o:i January 31. 1103, for the arbitration of certain claims against the -Dominican Government held by the Snnto Domingo Improvement Company of New York. A copy of the protocol agreement is in corporated In the resolution, and in this the Dominican Government obligates It self to pay to the United States 54.500,000 on behalf of the Santo Domingo Improc- j ment Company, and to allow the United States Government to administer the cus toms affairs at certain ports in order to Insure payment. It is under this agree ment that the United States Is said to be in charge of the customs offices of th" Dominican Government, and under the protocol entered into on January Z0 last which agreement was repudiated by the State Department and another drawn. The latter agreement is expected to arrive In Washington on Wednesday. The resolution ''directs The comihlttee to ascertain If such an agreement was adopted without being ratified by t'ue Senate, and .whether It is competent for the Executive to make agreements of the kind by which the United States i empowered to take pos session-of customs houses of a foreign government. CANNOT CONSTRUE A RECESS Senate Committee Joins Issue With President on Appointments. WASHINGTON, Feb. 13. Senator Spooner has prepared a report contain ing the views of the Senate committt o on the judiciary on the resolution in troduced by Senator Tillman asking an opinion on the right or the President to make recess appointments between thu adjournment of one session of Con gress and the convening of another, when the two sessions are merged inti each other. The report denies that the President has a right to construe a recess and suggests cortaln limitation.-; upon tho President's power to appoint men to office during a recess of Con gress, whose nominations have been sent in and considered, but not con firmed, at a former session. It wa the Intention of Mr. Spooner to submit the report to the judiciary committee today, but, because of the absence of Chairman Piatt, it was not acted upon The report will not be made public until introduced in the Seantc. CAN DO WITHOUT A TREATY Britain and America Good Enough Friends to Arbitrate Anyhow. LONDON, Feb. 13. The announcement of President Roosevelt's determination to proceed no further with the arbitration treaties in consequence of the Senate's action In substituting the term "treaty", for "agreement" is received .with som" degree of surprise, but with no evidence of concern In official circles in London. "Great Britain Is on sufficiently good terms with America to dispense with a treaty and settle any differences which may arise through the ordinary diplo matic channels until they can mutually agree or President Roosevelt and the Uni ted States Senate can settle their diffi culties," was the . view expressed by a high official to the Associated Press to day. SENATE HAS YIELDED POINT Delegated Power to Arrange Arbitra tion in Former Treaty. WASHINGTON. Feb. 13. As an inci dent to the Issue between the Administra tion and Senate respecting their relative rights in treaty-malting. It has been de veloped that In giving its approval Jan uary 11 last to the "treaty of arbitration of pecuniary claims," commonly known as the Pan-American arbitration treaty, the United States Senato has committed It self to the recognition of Its power to delegate to the executive the right to mako special arbitration arrangements and in executive circles it Is held this power Is sufficient to warrant Its action In the caso of Santo Domingo. New Washington Postmasters. OREGON'i&N NEWS BUREAU. Wash ington, Feb. 13. Washington postmasters appointed: Chautauqua, King County, Abraham. Castter, vice Francis H. Scott, resigned; Derby, King County, F. t. Cowles, vice E. A. P3rrish resigned; West Seattle. King County, J. D. McGce. vice George Kethan. removed. Partial Resumption at Warsaw. WARSAW, Feb. 13. There was a partial resumption of work today at some of the smancr concerns. The ofil(ilalstte'portthat 600 persons were arresUfdJ'' rTfyonngctlou with the strikes, of whoxSKhaveTbeen released.