8.
THE MORNING OREGONIAX, WEDNESDAY, JANUARY 9, 1907.
6VBSCKirriON KATES.
tT INVARIABLY IN ADVANCE!. CJ
CBy MalLJ
PsNr. Kunday Included, on year. ....
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rOKTLAND, WKDSESUAV, JAN . 107.
THK GAS COMPANY'S 1-RAXCH1SK.
Mr. Henry E. McGinn eaid last June,
In closing liis remarks before the com
anittee of the City Council appointed
to investigate the gas company: "It Is
for you, gentlemen, to decide whether
or nut these people are entitled to eonie
relief." The committee has taken am
ple time to deliberate in the premises.
Nobody can accuse it of hasty action.
And. having- deliberated ripely, the
members have formulated their conclu
sion that "these people" re entitled to
ponae relief. It ie their "senee and
opinion" that the company furnishes
gas of poor Quality, that it has grossly
.overcharged the public, and that' its
methods of dealing with the public are
"cumbersome and unsatisfactory."
Thpse are the points upon which the
committee believes that the public of
Portland, is entitled to some relief.
How is that relief to be-obtained?
"Where is the authority to resrulate this
monopoly u1 compel it to deal Justly
with the public? Is there any euch.
authority in existence?
The gras company claims' that there
Js not. In its own. estimation this jiio-
uopoly holds a charter which exempts
it from all control: which endows it
ivith sovereign authority and enables it
to defy both the Lefrtelature of t'h-r
ftate and the City Council. It claims
to dorlve thin power from an irrevoca
ble charter granted -by the Territorial
LrfKllature, together with a subse
quent charter obtained Irom the Leg-
islaluro. of the state and a third fran
chise belonging- irt the first place to the
l-Ja.-t Portland Gas Company. In his
address to the committee Mr, McGinn
mad the point that tho charter und-er
.which the company now arte was not
4cra.ntod to it directly, but to H. I-.
Green flnd by him traneferred. This
transfer, being without the consent of
the Legislature, made the charter for
feitable, even if by Its terms it ap
pears to be Irrevocable. This conten
Hon Mr. McGinn ably supported both
by theoretical argument and by clta
Hons from court decisions which leave
the question open to no possible doubt.
Tho Legislature beyond all . question
Tmfi authority to declare thU charter
forfeited; or. In other words, to repeal
it, because of these irregralar transfers.
A company standing on gTound so
shaky presents a very poor figure when
it contests the' authority of the city or
the state 'to repeal or regulate its eo-
culled iranchlsc, , .,
Rut it 1 not our purpose here to In
Hi Mt upon thetv legal technicalities. W
do not deem them Of prime importance
In (Mussing the relations uctween the
cas company, or any other corpora-tion
and the public. For we take tho broad
ground that an Irrevocable charter Is i
contradiction in thought, an absurd
ity in Jojfic, and utterly inadmlselbl
under any government ivhich claim
powers of sovereignty. aws granting
corporate privileges lifter In no respect
from other laws as to the rlgrht of
am.n(lment and repeal. Tile conten
tion tliat there is something safred
about these corporate statutes which
sets them In a claes by themselves and
forever denies to the ra.wmalcfng body
the power to alter or Annul -them is so
absurd upon Its face that the wonder
grow bow It ever gained standing in
court or elsewhere. Were the conten
tion granted, it would mean that tin
sovereign can contract with an indi
vldunl to relinquished him forever a
portion of his sovereignty. No writer
upon Jurisprudence or government
would admit this contention for an in
f tant. In granting: a franchise the state
does not abdicate its sovereign power.
It merely confers a privilege which is
subject to the law precisely like other
privilege. And the law making the
Krant may bo amended or repealed pre
ifely like other lawa Even t errant
of an irrepealable franchise may te
repealed; elnc no Legislature may lor
ever hind Us puceeseors.
The only limit upon the lwer of re
peal or arrhMidrnent la that confiscation
must te avoided. In all such cases the
capitalized value mud be ascertained
anri liquidated. The eras company
stands precisely upon the same grounri
as all other citizen of the state and
city In Its relations to the law. It erv
joys no exemption from the law which
Is not common to all other corporationa
and individuals. If the) company lur-
nlshcs poor gas, the Council should
forthwith order to to furnish better
gras. If It overcharges, the Council
should set lower ratea at once. If its
methods are cumbersome, the Council
nhould reform them. And all this
should "be -done In the ordinary exercise
of their authority las the natural, right
and proper thing, without vacillation or
delay. T'here should be no fruitless
consultations -with the Oity Attorney
over technical points and possible ob
jections. If the gas company wishes
to assert rebellious superiority to the
law, very well. If it wishes to con
test the rig-ht of the Council to regu
late its product and prices, let It con
test. The sooner the issue Is drawn
and decided the better. The sooner we
know whether the people or this hith
erto lawless monopoly enjoys supremo
power in Portland the better. But the
duty of the Council in the -premises is
clear. It should enact regulative, ordi
nance without hesitation, delay or
needless coneultatlons. Having done
its plain duty in the matter.- it' may
safely leave the outcome to the -courts
,and the people, who are above the
courts.
Meanwhile the Legislature should
make assurance doubly sure as- to the
gas company's status , before -the public
by repealing its franchise.
JUST A I.IT1I.K HISTORY.
A year ago or more many complaints
reached The. Oregonlan about the meth
ods of the Portland Gas Company, a
pub-lic-servioe corporation. The Orego-
nian. made an Inveetlgation and found
that complaints were justified. The
ras company .had been pursuing: a pol
icy of systematic extortion towards, its
patrons for the purpose of rolling up
great profits to the high financiers
who had control of the concern. The
rvice was nowhere efficient or satis
factory or honest. Patrons were grocss- ,
y overcharged nd consistently under-
)rought only srtudied Insult, or at the
est exasperating indifference and con-
omptuous non-attention. The gas com-
any was a private business, and if its
a irons didin't like It they could lump
t. The public be damned. The first
cuty or a rranchise-grahtier Is to Mm-
self, and to his pocket. His last duty
to serve the public well In accord
ance with the terms of his franchise.
Thi6 m the situation a year ago
when The Oregon Ian committed lese
maj0te asainet t ho associated' rrt n-
hise-grabbing clique, alias the First
Families or Portland, and printed1 the
facts. The City Council decided to in-
itigate. that it might ascertain if the
public .had . any rights which,, even the
gas company is boui)4 to reepect, The
Council announced public hearings by
a special committee. The eras company
appeared through its attorney andi with
unexampled arrogance denied the right
of the Oity Council to make any inuui-
ition whatever into ite affairs'. Hut it
would "concede" on inquiry as a "priv
ilege." With amazing fatuity it chal
lenged The Oregon lan to present the
testimony and make crood the charges
and Justify the words wiiich. it had
printed in its columns and which were
universally known to be truth. That
colossal blunder has cost the- gas com
pany dear. The Oregronian caused
nuvny victims of the gae company's ra-
pacity and avarice to be summoned to
testify before the committee. They
verified what had been said, and more.
The public, wnicli had read." the truth'
m The Oregonlan, heard it again and
again in the testimony before the gas
committee. More, there were astound-
ng revelations as to the queer flnan-
ciai operations that had raarKed the
history of the gas company. The se
cret history of the gas finance the gas
sen em ere struggled hard to Keep from
the public. But tney elan t succeed.
The public knows enough a.bout it all
now to understand -perfectly what ft
s -been paying in high Trices, poor
service and bacl gas, for the bold ad
venture in high finance made by the
little inside circle of the gas company.
It may nave been, possible in bygone
yeare in Portland for a public corpora
tion, or f ra nchi se-jobbers, or b u yer s
and f?ellens of public privileges, to dis
pute the plain truth and ignore notori-
ous facts. But it is so no longer. The
public has been educated by dear ex
perience to know its rights and to as
sert them. No one outside the select
circle knew years ago of tlje Immense
profits made secretly by manipulators
of public francriieos because It occurred
to no one to inquire. Now public-serv-
Ice corporations are to be hell to ac
countability. High finance will be.
more difficult and dangerous. Fran
chise cannot be obtained for nothing
between two days. The era of regula
tion and control haa begun.
EDUCATION XT THE PHILIPPINES.
The sixth annual report of the direc-
tor of education in the Philippines Is
fairly satisfactory document to those
who have watched with in-teretst the
effort to Americanize our island peoples
during- the interval covered by United
States ownership and occupation. The
report covers the year ending June 30,
1306. it eiwve that there are now 3165
primary schools In the Islands with an
aggregate attendance of 375,554 -iupllH.
In these schools TOO American and 6224
Filipino 'teachers are employed. The
teachers institute, an outgrowth of our
modern educational system, goes hand
In hand with the work, all of the school
divisions having conducted them at
various periods during1 the' year in, the
different provinces. These are" - really
schools for teachers, and the instruc-
tion given during a period varying
from, four to six weeks, was divided
between tne common branches of the
Intermediate course and. special topics
of instruction, such as echool garden
ing, domestic science, primary Indus
trial work and methods of teaching.
The progress rnade in educational
work during the brief period! that has
elapsed since the power of Spain was
supplanted by that of the United
States in these far Islands of the Pa
ciftc is remarkable and indeed wonder
ful. While there are many private
school, conducted in the main by
Catholics, with a history reaching back
several decades, the great majority of
the schools are of American origin and
governed by American methods. Some
of the older Institutions teach English,
though in practically all of them Span
isn le the basis of Instruction. The
effort in the American schools is, of
course, to make Knglish the basis, but
naturally -this will be the work of time.
While education, as touching the
masses, has made more progress in
the archipelago during the les t han
one decade of American occupancy
than it made during the' many decades
of Spanish rule, the process of bringing
these people up to the" standard' of in
telligence and efficiency that should be
insisted upon as precedent to American
citizenship will be a tedious one. A.n
Important and indeed necessary ad
junct to this .-progress is the native
teacher, and this element, according to
the report submitted, is steadily gain
ing in reliability, strength of charac
ter and moral purpose. Perhaps this
is the most encouraging phase of an
effort which, when undertaken, seemed
formidable and was certainly shadowed
by serious dJfficultiee and. doubts.
'"'SUICIDE OR MURDER?
The police have a perfectly patent
motive for upholding: the improbable
theory that Dr. Johrwon committed
suicide. In the first place, could they
lull the public into the belief that their
theory is true, they -would be relieved
of the trouble and responsibility of
finding the murderer. In the second
place, they wouXd avoid, the reproach
of having permitted th-ugrs to grow so
bold, and numerous that such murders
may he expected to recur at any time.
There 'is not the slightest ground for
supposing that Dr. Johnson, committed
suicide. . .
A few moments before the deed was
committed he left the dwelling of his
friends in. hig-h spirits. "Upon tne tree-tie
which he attempted to cross he was
murdered and bis body wa3 hurled to
the. depths below by the -thugs who
committed the deed. This Is the plain
and rOnly tenable, theory .of the case.
Instead of occupying their time and in
tellects in trying to work up a theory
of suicide, the police-may much better
exert themselves to discover the where-
abouts of the orlminals and put them
tinder arrest.
The disposition of the police to save
themselves all possible exertion, re-
gardilesa of the rights of individuals
and the safety of the public. i3 not to
be encouraged. Having an accused
person in their power, -they are Quite
ready to resort to torture to extort a
confession and epare themselves the
'trouble of looking Tip evidence. When
the- criminal is not readily 3 teoovered
they are equally prone to invent Idle
theories of suicide or other improbable
acts to ta-void- the necessity for investi
gation. This distressing- murder should lead
to a thorough investigation among the
suspicious characters who haunt the
1 1 v. Not one cthould1 toe- 'passed toy until
the guilty party has been found. If
tne police force is deprived of its lels-
ure for the next six months, the case
should not be droppe4. Xt i a sad
commentary upon the moral state of
our legal protectors tliat tney immedi-
ately set about vilifying the character
of the unfortunate man. Instead of
seeking for his. murderers.
UAZI INDUSTRUL OlTtOOK.
Some of the epeculatlvelj- Inclined in
dividuals ' who ' frequent temples of
chance are said to have a "system"
for beating' the 'games, which, "if fol
lowed to extreme limits, not infre
quently meets with fair success. The
whirling; roulette wheel will net always
stop on the "red" or on the "black,"
and a. persistent "doubling' of bets
on a chosen color will event
ually' result in winning, unless the
patience of the player or the limits of
the game interfere with the working
out of a mathematical certainty. A
somewhat "similar line or system' of
reasoning is responsible to a considera
ble degree for some of the present
gloomy predictions of Impending panic.
It is a logical and inevitable occurrence
for a long period of extraordinary good
times to be followed by a period of
financial and Industrial lettiaxgy.
The&e. eras of good times , and bad
times ha Via in the past followed each
other with such regularity that one
possessing only a mild degree of Intelli-
gence4 without even investigating tris
economic conditions responsible for
these ever-recurring changes can fore
study of cauae are a.ble accurately to
This theory or system, promulgated by
unreasoning individuals, reaches the
same result as that which follows the
most -careful aearch of political -economists
ani financiers, who by a close
study of cause are able accuraetly. to
predict effect. That, the future has in
etore for us a. paune, and possibly a.
setback, to our present prosperity run
riot, is Indicated by many Infallible
signs, not the least of which Is the iro-
pendlng unrest in the labor world. In
all parts of tho country there are
strikes or rumors of strikes, and eome
of them, notably that which is rumored
among the railroad- workers, are of
great extent and fraught with enor
mous possibilities for Industrial .disas
ter.
It Is a commonly expressed belief
that tho scarcity of money is the pre
dominating factor In ' precipitating
financial and industrial disaster; but
the scarcity of labor and even of raw
material and transportation facilities is
of equal importance in bringing about
these periods of stagnation. Labor is
capital which Is required in the carry
ing on of any and. all of the big In
dustrial enterprises of the country. It
is of even more importance than money
to the manufacturing and other indus
trial interests of the country, for, while
the gold-standard act of 1900 makes
available for American financiers vast
sums of foreign capital, there i no
such elasticity to the supply of labor.
Strikes are impossible during times
of depression. It is only when there Js
more work than laborers that they can
be made successful. The big railroad
systems Mich are now extending their
mileage have at their command plenty
of -money, but they are unable to se
cure the necessary amount of labor to
carry out their plans. As a result,
towns, cities and counties are ham
pered "by the failure of the rallroadf
to Increase their trackage facilities
and many industries, seemingly far re-
mote from the actual cause of the
trouble, are crippled as & result of the
scarcity of labor and raw material
The farmers in the Midaje West lost
heavily last Summer through their in
ability to secure harvest hands, the de
mand' for labor in other branches de
priving them of men whom they had
been accustomed to employing: at fair
wages, hut who last season were -prac
tically unobtainable. The logging
camps have been forced to pay higher
wages In order to keep the farmers or
railroad builders from ' taking their
men away, and tho railroad: build-ers,
wherever possible, have taken the men
awAy from some other less remuner
ative work, which, of course, must suf
fer by the loss of labor. Money ii
vastly more elastic. ( One dollar in the
form of due bills, store orders, checks
or other, shapes in which, that vague
commodity known as credit is
frequently in evidence, can in its nat-
ural passing round pay ten dollars'
worth of bills, but one man cannot do
the work of ten.
These disturbing conditions, now so
much in evidence, periodically appear
and increase in intensity, -until the cli
max comes and readjustment follows.
It is impossible, however, to gauge the
probable severity of one of these crises
by Its predecessors, or to expect that
there will be a "horizontal reduction"
in the prosperity" the entire country.
The relapse, when it comes, and Its
coming may be deferred for two or
three years, and perhaps longer, will be
felt worst by cities and localities
which have been overboomed and
where Nature has failed to provide
great resources which can be continu
ally drawn on through good times and
bad times alikr-e. For this reason Port
land and the Pacific Northwest, which
are producing in such wholesale quan
tities staple commodities for which the
whole -world offers a good marset, can
vievr with a fair degree of indifference
the approach of a possible financial
and industrial depression that might
prove serious in other localities less
favoredi by Nature.
Commissioner-General Sargent, of
the' Immigration Bureau, is not
alarmed over the influx of Japanese at
Honolulu. He1 has just returned to
Washington after investigating condi
tions at Hawaii, and is conftden that
the recent arrivals of Portuguese im
migrants on the Islands will serve as a
check .to Japanese aggression. Inas
much as there -were only about a thou
sand Portuguese In the installment
which reached there last year, while
nearly, every steamer recently arriving
at the islands) has brought from 500 to
1000 Japanese, the Portuguese must be
of very formidable appearance. For the
present the Japanese find in Honolulu
only a' convenient halting-place from
which, it is easy to enter the United
States with no questions asked. Later
they may decide to take a more active
part in. the management of Hawaiian.
affairs.
Apples, red and yellow, bearing on
their burnlehed coats the glint of de
parted Summer days, and In their Juices
the stored essences of the bright sun-
shine, timely moisture and. balmy air
of Oregon, are on exhibition In connec
tion with the annual convention, now
in progress, of the State Horticultural
Society, in this city. This exhibit is the
most convincing argument yet ad
vanced in. support of the contention.
that Oregon is unexcelled as an apple-
growing: etate, and' that one section o
the state is superior to another in thi
possibilities of growing toothsome
beautiful ana clean apples, TJie lay
man, viewing the display, wonders
how, where excellence rules the prod
uct of every section, the judges are go-
ing to he able to award the prizes ot-
fered for the ''brt specimens.''
The T-Jftw Yeaj I1&3 opened, in this
city with a carnival of crime, Two
murders of a most cowardly type.
suicide the coward's resource and an
attempted! murder, the intended victim
of which narrowly escaped with her
life, are the leading features in this
carnival of blood during -the first week
of 1907. Jealousy, revenge, the jntent
to -rob,, these three Influences conspired
to take life, and cowardice, brooding
over all, made the crime Jn each in-
ince most dastardly. The murderer
in tho firet instance went by a self-
appointed route quickly to his doom.
It may be hoped that the brutal assail
ants who compassed the death of Ir.
Johnson in a manner so ehocking will
be speedily apprehended and brought
to trial and punishment.
Civil service Is a blessing not only
to the holders of the minor offices in
the customs eervice, "but also to the
collector. Mr- Malcolm, the successor
of Collector Patterson in Mils port, says
that he expects to mate no changes in
the clerical force, and: that he couldn't
discharge a, man in the office, even If
he wanted to, and if a vacancy occurs
u viu De filled hy the top man in the
civil service list. By this admirable
method -we not only secure competent
employes In the service, but the few
Hundred applicants who would other
wise make life a burd-en for the col
lector whenever a. vacancy occurs can
still remain tils friends, even, if he Is
unable to appoint them all to tho same
office.
Mr. H. C. Atwell, of Forest Grove,
Will talk befow the Horticultural Soel-
ety today of "Apples for the Common
People." The subject Is one of general
interest.. It Is hoped, that the epeaker
will make it plain that tlw apples for
the common people are good, sound,
clean, -toothsome apples, which can be
produced ema sold at a price which the
common peoplei can afford to pay and
still leav the producer the fair marxln
of profit on his Investment and labor
to which he is entitled. The demand of
the common people is for good, clean
(not fancy) apples at a fair price. -The
Western Pacific has secured ter-
rainals at San Francisco In spite of
the opposition of Mr. Harrim-an. The
Union Pacific has secured terminals at
Seattle in spite of the opposition of Mr.
Hill, and the Northern Pacific Is com-
lng into Portland without the aid, or
consent of Mr. Harrtman. Fteeults are
wha.t count in thte -world, so everybody
m search or a railroad terminal, hav-
Ingr secured what they were after,
should 'be happy.
Washington, d, c and the United
States Senate in particular, paid Sena
tor Qeartn notable honor on the occa
sion of his first speech. The Oregonlan
joine in felicitations to Oregon's newest
representative. Mr. Gxiarin had a mes
sage for the Nation. Few men could
have conveyed it more impressively.
When the Interstate Commerce Com
mission gets through with Hill and
Harrlman, their constituency at this
end or the line -niii 3oubt!css learn
officially what haa been known private
ly, or suspected,, these several years.
Here la a question that every con
sumer is able to answer for himself:
At t'he reduced rate of $1 a thousands
are your ftu bills lilgher or lower than
they were one year ag-o?
Our four-Inch excess In rainfall nines
September 1 means about four -feet eac-
cess in snow on the mountain tops
an important factor In fignrijis on
next Joiners flood.
And yet the finding of the Council
committee contained nothing that all
Portland, including President Adams
exiil Counsellor Teal, doesn't know.
Never did eye behold a more splendid
view than Portland's eastern ' horizon
yesterday, with Mount Mood as its
crowning- magnificence.
Among other unpopular concerns, the
Portland Gas Company has reason to
tear the initiative next June.
One year ago the Portland Gas Com
pany demanded an investigation.
They've got it. - '
Faults of the Portland Gas Company
have been officially proved. Now for
the remedy.
TOO MANY RAILROAD WRECKS.
Remedies From a Sane Time Schedule
to Modern Block System.
(Extracts from. Eastern newspapers mm to
the recent collision on tho -Baltimore ft Ohio
Railroad at Terra Cotta, D. C, when over
50 passengers were killed and about 60 in-
jured.)
Kednctloa of Maximum Speed Factor.
New York Sun.
Can we say honestly that our attitude
toward railroad travel has not given the
railroads the excuse, if not the warrant,
fnr rorlnMncr Va rantni- nf tnftv tn thA
minimum in order to obtain the maximum
factor of speed which is so destructive
of human life every year?
Prescribe Remedies for Defects
New York Times.
Tn this instance there is opportunity for
ascertaining with unusual completeness
and definltenes what are the defects
of the present system of precautions and
ror prescribing remedies for these de
fects. It is greatly to be desired that
he opportunity shall fully be embraced.
Swat Empty Railroad Heads.
Chicago Journal.
What reason is there for a train of
empty cars to travel on a single-track
railroad, in a fog:, at the rate of sixty
miles an hour? Does that fact not Bhow
at one glance that the management of the
lialtlmore & Ohio railroad is feeble?
Empty cars should be kept off the tracks
where passenger trains are running:, and
empty heads should be turned out of the
offices of the railroad.
Luck of Block Signal Appliance.
New York Press.
In all human probability the accident
would never have happened if the line
had been fitted with up-to-date block sig
nal appliances. The cause of the colli
sion Is told In the report received by the
Baltimore & Ohio: 4Teoma being a. day
office only, the operator tied up signals
for the night." Good systems of block
signal( do not depend on tired or ab
sent telegraph operators for their effi
ciency as warn Ings,
Men Not Bad Block System.
Chicago Record-Herald.
The block system is coming in for much
blame, because of the many accidents
that have recently occurred where It Is in
use. The blame is wrongly attributed. It
should te driven home not to the system
but to the employes or officials who have
abused the eystem, The railroad which
has recently adopted rules forbidding high
speeds and substituting intelligent meth
ods for making; good time without frantic
spurts has taken one step in the proper
direction which other roads will do well
to lmltato. "
lavMtlcate the lavrntiffntora.
New YorK World,
The officials of the Baltimore and
Oli i r win make the customary "search
ing; Investigation" of the causes ot the
train wreck at Terra Cotta, by which
53 persons were killed and GO injured.
Then who ' will Investigate the Investiga
tors ? Who will carry the Inquiry into
the general offices oC the road to dls-
cover what was at fault In the system
of operation? Why must "searching in
vestigations' of railroad accidents al
ways stop short of the true object of the
Investigation?
Evidently "Xo Act f God.
"Washington, I. C. Post.
Neglect and recklessness have been
too often condoned as if they were acts
of God. There was nothing unavoidable
in the "accident." so far as present In
formation indicates. It appears to have
been entirely the work of man. If it
should appear that the wreck was pre
ventable, and if there is no law to pun
ish those who are guilty, some power can
devote itself, to no better task than to
enact a law that will serve aa a model
to the states in future dealings with rail-
road employes guilty of wholesale man-
'aughter.
mock signal Sjitera iff Years Old.
Xew Tork Press.
In an effort to relieve the Baltimore A
Ohio Company of blame for the shambles
at Terra Cotta. Superintendent Galloway
remarks that the "absolute block system
has been in successful operation, in the
territory where this accident occurred
for fifteen years." proof of the cor-
portion's negligence could he stronger
than this admission that the B. & O.'s
bloclt signal system Is over fifteen years
old. That It Is of the most primitive
kind is shown by the dispute as to
whether the telegraph operator set a red
or white signal, or any signal whatso
ever. Automatic - block systems do not
admit such controversies.
Too Slow to Adopt New De-vices.
"Washington r. O. Star.
ThA roads are beinsr develoned ranldlv
along1 certain lines, in the increase of
power, in the construction of cars. In
the perfection of road-beds, in the
straightening of tracks. But in thi
adoption of new devices they are slow.
The average inventor has ft hard time
getting a hearing. "Go and perfect your
machine," he is often told, "and then.
we may t ft 11c business." If the railroad
management was as cautious about
crowding schedules and working" tha
equipment as it is about listening to men
with schemes to save lives, the death roll
would doubtless bo much smaller. It is
thoroughly characteristic of the tendency
on many lines toward rushing the rolling
rtorc to squeeze the last dollar of divi
dends out of the gross earnings.
Luck of Audible Appliance.
New York American.
Tted llKhtf are not the most modern nor
the most efficient means of keeping trains
out of blocks where they do not belong,
The engineer says he did not see the licrht
because of a dense fog-. That may or may
not be a sufficient excuse for him, but is
it In any sense an excuse for his em-
plovers? Ways and methods have long
been known for preventing trains ' from
running into other trains ahead of them
without depending upon lights that may
be invisible or pounds that may be in
audible. But these things seem to be
regarded as too costly by those who
hold, as some railroad managers have
been accused of doing, that It Is cheaper
to kill and pay damages than to make
li fe safe and pay for Improvements.
"When will the railroad president come
whose motto shall he not, "I must put
my stock on a 20 per cent basis," but "I
must make every train on my lines vir
tually as safe as the earth In Its orbit?
Tom!nntions ty the President.
WASHINGTON, Jan, 8. The Presi
dent today sen t to the Senate the fol
lowing nominations:
Colonel to be Brigadier-General Ed-
win S. Godfrey. Ninth Infaritry.
Citizen to be Assistant Surgeon
Frank IT. Rtlbbcns, California.
Postmasters:
Idaho-TV. D. Harwlck, Xez Percw.
Oregon F. E. Roberts, Springfield;
IT. Proctor, Elsrln: T. 1. Ambler,
Mount AnKfl.
"Washington T. Bollman, Cashmere;
T. Hall, Medical Lake; R. R. Harding.
Port Angeles.
Honor Jackson's Victory.
NEW ORLEANS. Jan. c.-Buslness
houses generally, including the Cotton
Exchange, were closed today In honor
of the anniversary or the Battle of
New Orleans, which la a legal holiday.
Allison Recovers From Illness.
WASHINGTON, Jan.' Senator Al-
lison, chairman of the appropriations
committee, who has been 111 at his home
In Iowa, was in the Senate today or the
first time during the session.
RAISES STATE RIGHT BOGY
Overman's Constitutional Objection
to CliiM-Labor Bill.
WASHINGTON. Jan. 8. In present
ing objections today in the Senate to
the pending: bills for the regulation of
child labor, Senator Overman, of North
Carolina, went into- an elaborate dis
cussion of the doctrine of states' riprhts.
His text was taken from the constitu
tion of his state:
"A recurrence to first principles is
absolutely necessary to the preserva
tion of our liberties."
The child labor bills of I -oi tzf- and
Beverldge were read by Overman, with
the comment that the effect of the en
actment of either would he not only
to stretch to the breaUinft point the
commerce clause of the Constitution,
hut would be a usurpation of rights or
the state, rights which the people had
expressly reserved to themselves when
the tenth amendment to tho constitu
tion was adopted. It provides that
"The powers not delegated to the
United States by the Constitution, nor
prohibited by it to the states, are re
served to the sates, respectively, or to
the people." He said:
The sentiment for concentrated or central
ized. Kovernment has grown with the inordi
nate desire for the dollar, haw increased with
the growth oC commercialism, the building up
ot mighty fortunes, the centralization of great
wealth In the hands of the few, produced
by tho great trusts and monopolies, many of
hich wr organized for the purpose ot
crushing out competition and which hav been
robbing the people of untold millions.
If more power is needed, let an amendment
be submitted to the state. Jn any event, let
the people, consent be Riven to the surrender
of any of their rlg-hts. Without their consent,
let nothing be Cone by an unwarranted con.
structlon.
Overman held there was no limit to
the power of Congress to deal with
commerce which is interstate In Its na
ture. He heartily indorsed recent
measures exercising this control, aucli
as the rate bill, the pure food law and
e meat inspection legislation, but
there wag a decided distinction between
regulating interstate commerce and
making regulations controlling, com -merclal
production.
He concluded that if Congress could
regulate child labor in the factory and
mine, it could regulate it on the farm.
and could regulnte every Industry.
IIlTiRI RETORT OX LIMIT
Kxpcrts Reminded German Treaty
Will 'ecd Legislation,
WASHINGTON, Jan. 8. The State Te
partment has intimated to the experts
who were sent to Germany to confer with
German experts and to compare notes
relative to the complaints agralnst the
American tariff schedule that it would
like to have a report before the middle of
February. This request was made neces-
sary by the fact that if any legislation
is necessary to give effect to the recom
mendations of the tariff experts, &t least
two weeks time will be required to per
fect it.
While it Is hoped by the Department
that as the result of their conferences
with the Germans the American experts
will be able to recommend some changes
in administration that could be effected
by a mere amendment of the rules by
tne secretary or tne 'treasury, it is re
garded as probable that the changes rec
ommended will be such as will require
legislation. In this latter case if Congres
sional action upon the propositions can
not be expected before the adjournment
of the present session, then it will be
necessary to ask the German government
to again extend the provisions of the pres
ent German law admitting America to the
privileges of the minimum tariff in Ger
many. Let) Them Go Away to Get Warm.
WASHINGTON, Jan. 8. In view of thA
fact that many homestead settlers are
said to be freezing in North DaKota and
the rules of the Department of the In
terior provide in many cases that real,
dence of the settlers shall he continuous
Senator Hansbrough has prepared a reso
lutlon permitting the settlers leave of ab
sence for three months to extend over the
Winter period, which absence shall not
interfere with their entry rights. AH
homesteaders affected hy these conditions
are to make application by affidavit, set
ting forth the facta justifying the leave,
to the register and receiver or the land
office of their districts, and settlers grant-
ed such leave shall forfeit no rights by
reason of, the absence allowed: provided,
that the absence shall not be deducted
from the full time of residence required
by the law.
Get In Line With Pure-Food X.v.
WASHINGTON, Jan. 8. Secretary
Wilson has issued a statement advis-
Ing all food manufacturers and deal
ers to study carefully the provisions
of the pure food law, and then to place
their business aa early as possible In
harmony therewith. The department.
added the Secretary, would make de
cisions as rapidly as possible and give
each decision sufficient publicity.
Pay Chi nook s for the Land.
WASHINGTON, Jan. 8. Senator Fulton
has ofrered an amendment to tho Indian
appropriation bill proposing: to pay tha
lower band of Chinook Indians of Oregon
and Washington S337.RTO for lands taken
from them by the Government ; also an
amendment to the sundry civil bill appro
priating JTiOOO for a telephone line con-
-nectmg the Umpqua life-saving station
with the mouth, of the Slualaw River.
Evans' Fleet at Cuantanamo.
WASHINGTON. Jan. 8. Rear-Admiral
Kvan tz arrived at riuantaniimo
last night with the Atlantic fleet of
eight battleships and five torpedo-boat
destroyers, about to begin their an
nual Winter maneuvers.
WILL THE CHAIN HOLD?
GIVES MESSAGE AND PRAYS
Governor liuchlol Inaugurated in
Cliurcli Whicli He Jluilt.
DENVER, Jan. 8. Rev. Dr. Henry
A. Buchtel. Chancellor of Denver Uni
versity, was Inaugurated as Governor
of Colorado at noon today, and for the
first time In the history of the state
the Inaugural Ion took place in a
church. In deference to the Governor's
wish, the oath of office was adminis
tered to him and he delivered his in-
aup-ural address to the legislature in
Trinity Methodist Kplscopal Church,
which he aided largely in building
while he was pastor of that congre
gation. The Governor concluded hi
address with a prayer, followed by
the Lord's Pra yer, in which many of
the audience Joined.
About 2500 persons attended the in-
ufrural ceremonies, the church bing
crowded. Following the Inauguration,
the. Governor and otner state onitcrs
were escorted from the church to the
Capitol by a military and civic proces
sion, the senior class of Denver T'nl
versity marching alongside the Gov
ernor s carriage.
Governor Buchtel devoted the great
er portion of his address to the ques
tions of railway legislation and educH-
tion. In treating the former he said
that the weak parts of the National
law, referred to in President Roose
velt's message to Congress, must b5
omitted frtim Colorado's progrrtmrne.
Xothing- would he done to drive capital
away from Colorado, hut Instead every
thing would be done to invito both
capita I and people to the state.
The Governor characterized a local
option law as the application of th
principle of the square deal to the
question of the open saloon.
HO CH FOK ItEDVCED tWltl-JS
Kansas Governor Would l'orbld
Passes and Protect Beet .Sugar.
toteka, Kan Jan, 8. The IgiMa
ture convened here today in htennittl ses
sion. Governor Hooh will nor be tnaue u
ia ted for his second term until Monday,
January 14.
Great Interest contcrs around the solec-
tion of a successor to Alfred W. Benson,
United Stated Senator. whose term eac
pirea on March 4. Senator Hensim L5.
candidate tor re-election, and there are
half a oWn other avowed candidates.
As the Legislature is overwhelminRiy Re
publican, a mfmoer of that party will le
elected.
Governor Hoch recommended the pa
ae:e of a' law forbidding the piving ot
Ire railway transportation to any px
uept actual railroad : 1 11 p o yew, nnd tli
appointment of a committee to hear
arguments for and against a proposl-
tion to reduce railroad fares in this
state.
Of the bills panned by the last I-egi-
laiure directed against the Standard Oil
Company, he said:
"The max! mum freight rate law ami
the an ti-diecri ml nation law have niad
possible the establishment of 30 independ-
em oil refineries, all of which are In mil-
cess fill operation. Otber .similar insti
tutions are projected. These lawn are
saving the users of coal oil about $5uO,-
KW every year.'
He favored a protective tariff to aid
the beet sugar industry, a primary
election law, severe penalties for vio
lation of election laws, separata
schools for colored children and exten
sion of woman suffrage. . lie declared
the Pr oh lb It ion law a great success.
Warren Nominated for Senator.
CHEYENNE, Wyo., Jan. R. (Jn th
first ballot the -Republican members of
the Legislature, in caucus today, unani
mously voted to support United States
Senator Francis B. Warren for re-election.
Thla action Insures n. straight parly
vote for Warren. 11 ml a. tho Repiiblloans
have a large majority in the Legislature
his election Is certain.
Says State Cinched Sister State.
FIERRE, S. D Jan. 8,-Samuel H.
Elrod. the retiring Governor. In his fare
well messasre today assatled the uni.'rl
Korth Carolina, bon.l deal, by whlt.-rh Soturi
Eiakota collei-teil Jj.oOO from the 6011th-
crn state on paper which bad been re-
pudlated. He says South Dakota has no
moral right to the money, and urftes the
legislature to pass a bill returning it.
Senator Nelson Renominated.
ST. PAUL, Minn., .Tan. 8. The Fte-
puhliran members of the Minnesota
legislative caucus this evening nom
inated United States Senator Knute
Nelson to succeed himself. This la
equivalent to election on January 22,
as the Republicans are In an over
whelming majority.
Oklahoma Wants Two-Cent "Fares.
GUTHRIE. Okla.. Jan. S. The com-
mittee on railroads and public service
corporations reported to the connt Itu
tlonal convention today, recommending;
a two-cent fare on the railways.
Says RuHflla Counterfeits BondR.
CHICAGO. Jan. 8. Oregory Gershuny,
known as "Tho Son of Russian Revolt
tion." who escaped from the mines of
.Siberia in" a cab-haR-e barrel last Octo
ber, arrived in hlc-ago yesterday to de
liver hero his manage from the- soclall.it
revolutionary party of Russia. The most
startling statement made by him In that
wit hi n a short tinio In I sssoctates will
probably publish throughout the world
revelations tlwt the Russian government
Is counterfeiting bonds Issued to the ex
tent of hundred of -millions of dollars.
"There is a secret In the ixpnrlment
of the Treasury," he declared through In
terpreters, "where exact renrodurtionn of
bond issues are being made night and
From the Chicago Chronicle.