1 II. THE MORXIMi t'KEGOMAX. ' TUESDAY, AUGUST 27, 1007. SUCK CLOSELY TO CONSTITUTION Parker Talks to Lawyers About Revolt Against High' Finance. WHERE COURTS ERRED Condemns Suspension of Laws by Injunction Without Hearing. Only Extend Federal Power by Amendment. PORTLAND, Me., Aug. 26. When the 30th annual meeting of the Amer ican Bar Association opened today, 200 delegates had arrived and as many more are expected by tomorrow. The City Hall was well filled when Presi dent Alton B. Parker called the meet ing to order. The Important feature will he the report of the committee on life insurance legislation, which will rnport tomorrow. Chief Justice Emery, of the Maine Supreme Court, extended the state bars a welcome. Judge Parker was loudly applauded when he arose to de liver his annual address. Judge Parker's address was, in the main, an argument for strict construc tion of the Constitution in relation to the regulation of Interstate commerce and trusts, and against expansion of the Federal power except by constitu tional amendment. He began with a , eulogy of the lawyers, saying that as a prpfession they had high ideals and though a considerable number were destitute of character and a disgrace to their profession, they were the minority. He said the people made common law, and it was the office of the Judge not to make it but to find It. "In this way." he said, "our un written law, better known as the com mon law, has been so developed as to meet the exigencies of our wonderful growth and expansion, and of our complicated business and social condi tions." Revolt Against High Finance. He declared the proper function of the legislator supplementary to that of the Judge, but so many bills presses on his attention that he could not mas ter them. Comparatively few bills were carefully considered, and many were passed which ought never to have been heard of. As illustrating the opinion of a lawyer on such bills, he said Governor Hughes had killed 484 at the last session out of over 1200. He then referred to the popular up rising against high- finance following the insurance inquiry. He admitted the evils, but said demagogues filled the land with denunciation not only of the wrongdoers, but of all corpor ate interests of every kind. He dwelt on the services rendered to the Nation by railroads, street railways and fac tories. . He defined the remedies pro posed by these demagogues as of two classes. One was Federal control of insurance companies, trust companies, great railroads and other corporations. He continued: In this manner, OonsreM cou)1 relieve the Ftata of their Feveral duties and obligation to their own creation, and at the same time effectively relieve Hin.'h corporations from ctate. control. In that clasjr, in addition to the political leaders and other weU-meaninfc . persons who hai nor especially studied our constitutions, hoth Federal and etate, were to be ftiund some who were interested officially .In insurance, railroad and other corporation. In the second class were to be found those who, - whiie not disagreeing with the first claRS In the assumption that Congress po 'pwm the power by the commerce and post load provisions of tha Constitution to central ize the pi-cuter portion of powers of ftovern mer.t in the Federal Government, nevertheless Insisted that the remedy thus proposed was not broad enoujth. With them the remedy of remedies is for the Federal (Jovprnment to acquire the railroad and operate them. Opponents of Federal Power. He also divided the opponents of these remedies into two classes, "the first embracing those who deemed it wise to study the situation deeply, to provide for the immediate trial of ex isting remedies, and If the law be found Inadequate in any respect, then to supplement it "by such other statute or statutes as should be found needful. The second class composed of adher ents to the power and duty of the state, opposed the slower and' safer method of those who proposed to look before leaping, and loudly proclaimed the necessity for legislation that should tear up that which Is, both root and branch, and start anew." Under these circumstances, the State Legislatures met and passed a great amount of hasty legislation. One feature of this was the attempt to prevent railroad corporations from contesting the validity of statutes in the courts. Some of this legislation was due to agitation in favor of more control by the Federal Government, based on the assertion that the states had failed in their duty. He admitted that there was some truth in this charge, but continued: Government Started Crusade. Now. he who surveys the action of the legislative and executive departments of the State Governments during the last few tnonths cannot with truth say that they have been Inactive during this period. Nor can he say that the Federal Government has been more active or more drastic in its action than have the states. But It can be paid, and therefore It shouid be said, that the Federal Government began the crusade. Therein was to be found, it seems to me, the sole basis for the assumption that the Federal Government, had It possessed the power, would have done better than the states. That assumption presents but a feeble argument In favor of taking away any authority now enjoyed by the states In order to confer It upon the National Gov . eminent. And yet many honest, patriotic ftien who think otherwise, men who believe that It were better that the states were shorn of much of their power, seeing the neglect of official or citizens or both, in the state or states to which they owe alle giance, would abandon all attempts to right the wrongs, surrender Jurisdiction, and pass the responsibility on to the Federal Gov ernment. Favors Strict Construction. He proceeded to argue that all the pow ers not expressly surrendered to the Fed eral Government or reserved to the peo ple as a whole, were reserved by the state. He referred to the proposals for t edcral supervision of railroad capital! zation and Federal Incorporation and li censing of coriorations engaged In inter state commerce, and contended that. while their object was laudable. It would violate the Federal Constitution and tend to the destruction of our dual form of government, quoting agnlnBt It Washing ton's farewell letter. He quoted the opin ion of the Supreme Court on the Kansas- Colorado case against the constitutional ity of the proposed measures. He held that production of commodities was not commerce, and therefore could not be made the subject of Federal license. Should Not Suspend Laws. lie defended the action of Judge Tit chard of the United States Court, In suspending the North Carolina rate law, as clearry sustained by the Fourteenth Amendment. He continued: It seems to me that courts, "hoth Federal and state, should always bear in mind that comity which has thus far enabled the dual jurisdictions to work together so har moniously for the public good. And. fur ther, that care should be taken that the procedure shall evince that dellbaration that doth so become a Judge at all times, and especially when the object of an action is to declare void the deliberate act of a legislative department of state government. I have in mind an ac tion in which application wag made for Injunction, but, before granting It, counsel representing the state, as well as those representing the plaintiff, were heard fully. The Judge wrote his opinion and then granted an Injunction upon conditions that would safeguard to the last penny every person interested. The right to grant an In junction under such circumstances cannot be denied, but the propriety of granting, on an ex parte application, an Injunction which refuses effect to a statute can- and should be questioned. A statute upon the face of which no im perfection appears, and which will stand, unlesa It can be proved that It will "prevent the property affected from earning a rea sonable return for the Investment, is pre sumptively constitutional. Its operation, therefore. Is not a matter to be suspended for light reasons. Indeed. I have no hesita tion in saying that in many such cases an appeal to the discretion of a Judge that Injunction Issue could well be denied until after trial. Should Not Fear Yellow Press. He suggested as a remedy for hasty and ill-considered laws that each law, before its passage, be passed upon after argument by a tribunal, the equal of the best courts. He urged lawyers to work for calmness by Legislatures and ad herence to the Constitution. He gave them this warning, however: Do not forget, however, that if you at tempt it. you will be denounced by the demagogue and cartooned by the yellow press, a fate which has come to the few who have appealed to reason and to Justice. These tactics have enforced silence upon many whose hearts have prompted them to point out the danger of government by pas sion. Code of Lawyers' Ethics. A proposed code of professional ethics for the American Bar Association will be distributed among the members tomor row. The proposed code, as prepared by a committee of prominent lawyers from various sections of the United States. will be submitted at this time merely for the information of the association members. No effort to have the report adopted will be made at this time, but it is likely that it will be submitted to next year's meeting for such action. The members of the com mittee which prepared the code are Henry St. George Tucker, of Virginia; James G. Jenkins, of Wisconsin; Wil Jiam Wirt Howe, of Louisiana; Francis Lynde St-tson, of New York; Ezra B. Thayer, of Massachusetts; Franklin Ferris of Missouri; Thomas H. Hub bard, of New York; Frederick V. Brown, of Minnesota, and Luclen H. Alexander, of Pennsylvania. Accompanying the code as prepared by the committee, is the following re port of the work already done and contemplated. "Your committee are of opinion that the adoption of canons of professional ethics by the American Bar Association is destined to have a powerful and far reaching influence upon the develop ment, of our profession, indeed to so great an extent that It will be diffi cult to overestimate the importance of the event. We believe that such can ons, to become practically effective, should be adopted only after mature and careful deliberation, and much fuller consideration on the part of our member ship than is possible at one of our an nual meetings." fa0 1! 3&M ti".vV y N 0Jv ; ovu m DEFIANT' WORDS F ROM VENEZUELA Will America Champion As phalt Company Fined for Rebellion? CONGRESS MAY DECIDE Kefusal of Castro to Arbitrate Amer ican Claims May Result In Warlike Measures to Secure Redress. ' CARACAS. Venezuela, Aug. 26. El Constitutional, the government organ, commenting on the J5.000.000 fine assessed against the New York & Bermudese As phalt Company for complicity in the Matos rebellion, after stating that the evidence against the company was taken mostly from the records of cases tried In the United States, says editorially: "It now remains to be seen If the State Department (American) will again con vert itself Into the protector, defender and tutor of adventurers who have con fessed their guilt and who are legiti mately chastised by the Legislatures of all civilized nations, including the United States, in which country there abound sentences perfectly analogous to that now pronounced against the guilty com pany by the Venezuelan court." SIAY LEAVE AXli TO COXGRESS Roosevelt Must Determine Action on Claims Against Venezuela. WASHINGTON, Aug. 26. Following Venezuela's third refusal to arbi trate the five American claims, it is nnw f ho dntv of the Administration at Washington to determine what shall b done to adjust these claims. The situa tion is difficult, owing to the programme of other creditor nations. President Roosevelt may decide to sub mit the whole matter to Congress, al though this might result in measures that might be regarded as warlike.. GIVE BADGES TO VETERAN'S Government Tells of Campaigns Which Will Be Recognized. WASHINGTON, -D. C. Aug. 26. The War Department, has Issued a general or der describing and specifying campaign badges which may be issued to persons now in the military service of the United States. These badges are as follows: Civil war campaign badge To be issued to officers and enlisted men who served In the regular or volunteer army or in the militia in the service of the United States, during the Civil war between April 15, 1861, and April 9, 1865. Indian campaign badges To be issued to officers and enlisted men who served in the following campaigns against hos tile Indians: Campaign in Southern Oregon and Ida ho and northern parts of California ana Nevada, 1865-1868. ' Campaign against the Cheyennes, Arapahoes, Kiowas and Co manches, in Kansas, Colorado and the Indian Territory, 1867. 1868 and 1869. Mo doc war in 1872 and 1873. Campaign against the Apaches of Arizona in 1873. Campaign against the Kiowas, Coman ches and Cheyennes in Kansas, Colorado, Texas. Indian Territory and New Mex ico, 1874 and 1S75. Campaign against the Northern Cheyennes and Sioux, 1876 and 1877. Nez Perce war, 1877. Bannock war, 1S78. Campaign against the Northern Cheyennes, 1878 and 1879. Campaign affalnst the Ute Indians in Colorado and Utah, September, 1879, to November, 1880. Campaign against the Apache Indians in Arizona and New Mexico, 1885 to 18S5. Campaign against the Sioux Indians in South Dakota, November, 1890, to Jan uary, 1891. The question of the issue of Indian cam palgn badges for service in campaigns other than those herein designated will, in each case, be decided on its merits, upon Individual application. PUT WIRES UNDERGROUND Army Posts to Be Equipped for Phones and Firing Mines. WASHINGTON. D. C. Aug. 26. Gen eral James Allen, Chief Signal Officer, U. S. A., has commenced- work upon a plan which contemplates a system of under ground wire service for telephones at ail of the military posts of the United States. He has already installed the un derground system at Fort Des Moines, Iowa, and is having it put in at . Van couver Barracks, Washington. It Is to be Installed this year at Fort Russell, Wyo.; Fort Ethan Allen, Vt.; Fort Slocum, N. Y., and Fort Benjamin Harrison, Ind. Other posts will be added to the list as funds are provided by Con gress. In each post where the under ground system is Installed all of the offi cers' quarters, the barracks, non-commis sioned officers' quarters, hospitals, ad ministration buildings, and other struc tures will be connected up with a general switchboard to which commercial tele phone companies will be permitted to make connection. The officers and men may obtain telephone service from these companies at such rates as they may be able to secure. The War Department will supply the wire connections, but will not furnish th officers or men with tele phone service. In addition to placing the telephone wires underground, work will be carried on as rapidly as possible .at all of the harbor defense posts in putting under ground all of the telegraph, telephone and electric signalling wires, used in ex ploding harbor mines, directing gun fire, signalling, and all of the other opera tions connected with coast and harbor de fense. Heretofore all of these wires have been aerial and In the case of attack would have been exposed to the gun flro of an opposing force. With overhead wires a chance shot could readily put an entire system of harbor defense out of commission for practically every detail is dependent upon the use of electricity. Map Showing Route of Harrl- man Trip ' nroogn central 4 Oregon. a.. ............. .4 New Northwest Postmasters. OREGON IAN NEWS BUREAU, Wash lngton, Aug. 26. Postmasters appointed OregonPleasant Hill, Mathlas E. Fur row, vice R. A. Bradford, resigned. Washington Bee, Dora Pahi.' vice Margaret N. Gulseth, resigned: Blewett, Donald B. MacLennan. vice William H. Resburg, resigned: Havillah, Lorenzo A, Gladson, vice M. H. Schweikert, resigned Richland, John H. James, vice William R. Lamb, resigned; Rolling Bay, John J Arnold, vice C. E. Carleton, resigned. Gauging Rogue Valley Water. WASHINGTON, Aug. 26. The United States Geological Survey has under taken an investigation of the water supply available for Irrigation and oth Srnallwares FLY PAPER, special price, three double sheets 5C WHITIJfG'S WRITING PAPER, extra quality, high-grade, cloth finish, regular value 30c a box; special, box . . 19i WRITING PAPER, white Japanese linen, cloth finish, regular value ,20c a box; special, the box 12? f LADIES' HOME JOURNAL PA TTERNS-lOc-ISc Srnallwares BEST 1-rORD AMERICAN SPOOL C OTTON, colors, black and white, all sizes; spl. price, 6 spools.. 254 BEST BLACK - HEADED TOILET PIXS, large size cubes, regular value 8c; special, each . 5 H A X O Y PACKAGE PIN AND NEEDLE CASE, each package contains 291 useful articles, regu lar value 25c each; special 17 w w 1 ! For the Blanket Sale! ! MakeH asle - Take 'ja vantage A Great Annual Bedding Event that is looked forward to with keenest interest by every good housekeeper in Portland. Without doubt, a Blanket Sale of more than ordinary importance. A sale that gives a welcome-opportunity to prepare for the cooler months soon to come, and to save on the best grade of wool blankets made. The best blanket mills in the world are drawn on for the goods that go into this great sale. Made from the softest, finest wools and finished in the best possible manner. The patterns, plain grays, fawns, scarlets, vicuna browns and white, as well as a large assortment of fancy patterns in checks, plaids and jacquard patterns. Indian Robes, Bath Robe Blankets, Steamer Rugs, Reg. Bed Blankets SOME OF THESE ARE MADE OF WOOL ALMOST AS SOFT AS SILK AND ARE BOUND WITH THE BEST GRADE OF SILK IN COLORS TO MATCH WOOL. Regular $4.50 values $3.95 Regular $6.00 values ..$5.35 Regular $7.00 values $6.35 Regular $8.00 values $7.15 Regular $8.50 values $7.65 Regular $10.00 values $ 8.95 Regular $12.00 values $11.00 Regular $18.50 values $16.50 Regular $20.00 values $18,00 Regular $22.50 values $20.00 Regular $5.50 values, special, the pair $ 3.95 AND THIS EXTRA SPECIAL, WHILE THE LOT OF 230 PAIRS LASTS: Fine white Wool Blankets, well made and very good grades, priced as follows: Regular $6.00 grades, special A QC Regular $7.50 grades, special g 7 pT at, pair .-' at, pair. Children s Dresses One-Half or Less LOT 1 Regular value 90c to $1.65; special price LOT 2 $1.29 Regular value $1.75 to $3.00; special LOT S Regular value $3.25 to $4.65 ; special .... LOT 4 Regular value $4.75 to $6.50; special... - These dresses are made of pique, duck,jawn and organdy, Hnter Brown styles. They are fancy trimmed, from the most elaborate. $2.18 $3.25 LOT 5 Regular value $6.75 to $9.00; special... LOT 6 Regular value $10.50 to $12.50; special.. LOT 7 Regular value $15.50 to $20.50; special.. 73 $4.16 $4.99 $7.87 in sailor and plain to the WOMEN'S FANCY HANDKER CHIEF APRONS, each made of three handkerchiefs of assorted colors, in very pretty and catchy styles. Regular price EQ 75c; special, each iJZC WOMEN'S PETTICOATS, of fine black mercerized sateen. They come in large variety of styles of flounces, all are full 7-gored, and all have double-stitched seams. i Regular price $4.50 ; d O 70 special pi. i O Linens and Wash Goods A Bargainizing in Tempting Fashions $3.60 Odd Table Cloths, handsome patterns, with border all around, slightly soiled. 2x214. regular value tf O f f 2x3, regular value $3.75, special pJ.JJ $4.50, special . Remnants of Table Damask, 1H yards up to 4 yards long, bleached or cream colors, at greatly reduced prices. 7 fir RUSSIA CRASH, all linen, special price BATH TOWELS, over 500 dozen in the lot, heavy weight, OT-, cream or white; in 3 lots jit, each, 12S ,15 and &iJC SILK ORGANDIES, 1500 yards, in cream and white colors only; fine for Summer Ui"u TlH ty dresses ; regular value 25c; J Ql r special, the yard PLAIN DRESS FLANNELS, for school wear, English make, cotton and wool, nonshrinkable. New Fall line now in; special jj f the yard tJC Ilygenic ready-made Sheets, Pillow Cases and high-grade white Bed Spreads. Pillow Cases, 42x36, eaeh..23 Pillow Cases, 45x36, each..25 Sheets, 72x90, each 95 Sheets, 81x90, each $1.10 Sheets, 81x90, each $1.20 Bed Spreads, 72x90, ea..$2.00 er purposes in Rogue River Valley. Ex tensive cultivation, coupled with the Judicious use of water In portions of this valley where irrigation has not heretofore been deemed necessary, has given such excellent results as to cr- te an ever-increasing aemana ior water. Regular srauging stations have been established by the survey for the pur poses of determining the daily flow as well as the monthly and annual maxi mum, minimum and mean rates of flow on Bear Creek, near Talent; on Little Butte Creek, near Eagle Point; on Ap plegate Greek, near Grant's Pass, and on North Fork of Rogue River, at Prospect. Occasional measurements will also be made on Big Butte, Kik, Evans, Ashland and Wagner Creeks, and a number of smaller streams. The work is under the general supervision of J. C. Stevens, the district hydro graphor for Oregon. Prepares Way for Big Fleet. WASHINGTON. Aug. 28. Captain Usher, of the cruiser St. Louis, reports sailing yesterday from Acapulco, Mex ico, for San Diego, Cal., on his way to San Francisco. He has been quietly looking into the resources of various South American ports In anticipation of the cruiee of the battleship fleet next Winter. to keep cities clean and sanitary. Gov ernor Magoon today signed a decree placing sanitary affairs under the con trol of the central government. Panther for Pacific Repair Ship, NEW YORK. Aug. 26. The transform ing of the auxiliary cruiser Panther into a repair ship' to accompany the Atlantic fleet to the Pacific has begun. The Pan ther will have a complete forging room, foundry and machine shop. FIND MAN THOUGHT DEAD Consuls Get Promotion. WASHINGTON, Aug. 26. Church f-Howe. of Nebraska, Consul-General at Montreal, has been appointed Consul at Manchester, England. Albert R. Mo raretz, of Arizona, Consul at Bahia, Bra lil, has been appointed Consul-General of the district of Central and South Ameri ca, at a salary of $3000. Albany on Guard In Tropics. WASHINGTON, Aug. 26. The gun boat Albany has sailed for Acapulco to relieve the Milwaukee at the task of watching American Interests in Central America. The Milwaukee has been there six months and the crew needs a change. - Banks to Make Statement. WASHINGTON, Aug. 26. The Controller of the Currency has called for a state ment of the condition of National banks at the close of business on August 22. Mortgage on Chesapeake & Ohio. LEXINGTON, Ky.. Aug. 26. The Chesapeake & Ohio Railroad has filed a mortgage of $10,000,000 to the New Tork Trust Company and William H. White, of Richmond. Mrs. Kirk Gets Appointment. WASHINGTON. D. C. Aug. 26. Mrs. Ella B. Kirk, of St. Johns, has been ap pointed Assistant Matron at the Hoopa Valley, Cal., Indian School. Cubans Cannot Learn to Be Clean. HAVANA, Aug. 26. Despairing of the ability of the Cuban municipalities Discovered in Own Barn, Weak and Emaciated With Typhoid Fever. ' MOSCOW, Idaho, Aug. 26. (Special.) Edward Wahl, the young farmer liv ing southeast of Genesee, who dis appeared August 12 and who was tracked to the shore of the Clearwater River by Harry Draper's bloodhounds, where he was supposed to have drowned himself, was found alive in his own barn yesterday afternoon by members of his family. He was found lying upon the hay terribly emaciated and suffering from a severe attack of typhoid fever, "and In a delirious condition. How the missing man got to the barn, his fam ily are unable to explain. When he disappeared two weeks ago the barn was thoroughly searched, but no trace of him could be found. The work of the bloodhounds convinced his friends that Wahl had gone to the Clearwater and drowned himself. Every possible effort was made to find the body. Dyna mite was exploded in the stream and the bed of the river dragged, but with out results, yet the conviction remained firm that the missing man was drowned and that at some future time the river would give up its dead. The supposition now i that Wahl was suffering from typhoid fever In Its early stages, that his mind wsi af fected, that he contemplated self de struction and wrote the note to his wife which was found after his dis appearance to acquaint her with his Intentions, but failed to carry out his plans. , ' BAGGAGE ROOM PLUNDERED Wholesale Thefts From Ferry Depot at San Francisco. BERKELEY. Cal.. Aug. 26. It is re ported that detectives in the employ of the Southern Pacific Company have un covered a long series of thefts from the baggage-room of the Ferry depot in San Francisco. For nearly six months these depredations have -been, going 'On in the depot across the bay, and it is estimated that $75,000 worth of plunder has been taken. A search is now being made for the ringleaders of the thieves In this viclnitv. DARR0W TO DEFEND ADAMS Says Richardson Will Xot Aid In Further Federation Trials. CHICAGO. Aug. 26. (SpeciaU--Clarence S. Darrow, who defended W. D. Haywood in the trial at Boise, will leave for Idaho to conduct the defense of Steve Adams. E. F. Richardson, who was associated with Mr. Darrow in the Haywood trial, will have no connection with the Adams case or with tho defense of Charles H. Moyer and- George A. Pettibone. The trial of Adams in Shoshone County will be set when court convenes Septem ber 9. According to Mr. Darrow, It will prove of great importance, as, should Adams be convicted, he may turn state's evidence against Pettibone and Moyer. It is expected that the trial of Pettibone, which was set for October 1, at Boise, will be postponed until the Adams trial is over. last night, in which nearly two dozen automobiles were destroyed and a num ber of buildings were gutted. The total loss is estimated at from $60,000 to $75,000. MOTOR CAR'S RAPID RUN Beats Schedule Time Running From Omaha to Denver. OMAHA, Neb., Aug. 26. Union Pacific motor car No. 12 made the run from Omaha to Denver in 16 hours, 34 minutes, running as the second section of the Overland Limited. The regular time is 17 hours, 15 minutes, and the distance 570 miles. Great Holocaust of Autos. SAN FRANCISCO, Aug. 26. A fire took place at the northwest corner of Golden Gate avenue and Larltln street Jealous Man Stabs Sweetheart. SAN FRANCISCO, Aug- 26. During a fit of Jealousy this morning Herman Hoffman, who was walking on Pacific street with Emma J. Boshaw, drew a pocketknlfe and stabbed her in the breast, inflicting a wound which prob ably will prove fatal. Hoffman was at once placed uVider arrest. Free from Alcohol Since May, 1906, Aycr's Sarsaparilla has been entirely 'free from alcohol. If you are in poor health, weak, pale, nervous, ask your doctor about taking this non alcoholic tonic and alterative. Ayers arsapan 'Ha NON-ALCOHOLIC If he has a better medicine, take his. Get the best, always. This is our advice. The new kind contains no alcohol We have no secrets to hide! We pub lish the formulas of all our medicines. J. C. AYER CO., Manufacturing Chemists, Lowell, Mass. 4 A 9