A
VOL. XLVI.-XO- 14,583.
PORTLAND, OREGON, WEDNESDAY, SEPTEMBER 4, 1907.
PRICE FIVE CENTS.
COLUMBIA PORT
ACT IS INVALID
Not Constitutional Says
Supreme Court
VIOLATES 1906 AMENDMENT
Corporations Shall Not Be Cre
ated by Special Laws.
(OPINION BY JUSTICE BEAN
i Decision Rendered by Circuit Court
In Multnomah County Reversed.
Distinction Between General
and Special Legislative Acts.
PORT OF COI.rMBIA CASE.
By act of the Legislature of 1907 the
counties of Multnomah, Clatsop and
Columbia were created a separata
district and declared to be a corpora
tion by tha name of "The Port of
Columbia.'
Tha object was to promote tha
commercial Interest of the port,
maintain towage service, license pilots.
Issue bonds and levy taxes'.
This is held to be a epeclal act and
therefore void, because in "conflict with
section 2 of article II of the con
ctltutlon, which declares that cor
porations shall not be created by spe
cial laws.
SALEM, Or., Sept. 3. (Special.) The
Supreme Court today held the Port of
Dolumbla act unconstitutional, because
passed In violation of section 2 of arti
cle 11 of the Constitution, as amended
by the people In 1906, which declares
that corporations may be formed under
general laws, but shall not be created
by the Legislative Assembly by special
laws:
The opinion of the Supreme Court
was written by Chief Justice Bean, and
It reverses a decision rendered in Mult
nomah County by Judge John B. Cle
land. In the case of Sylvester Farrell
vs. Port of Columbia Commission. The
case Involved the question whether the
act creating the Port of Columbia Is
general or special. The opinion lays
down the distinction thus:
Contrary to Constitution.
'A law Is general when it operates
equally and uniformly upon all persons,
places or things, brought within the
relation and circumstances for which
It Is provided. But when it is applica
ble only to a particular branch or des
ignated portion of such persons, places
or things, or Is limited In the object
to which It applies It Is special. . . .
A general law is one by which all
persons or localities complying with Its
provisions may be entitled to exercise
the powers and enjoy the rights ai.d
privileges conferred. A special law Is
one conferring upon certain Individ
uals or citizens of a certain locality
rights and powers or liabilities not
granted to, or Imposed upon, others
similarly situated.
"The act oreatlng the Port of Co
lumbia Is clearly a special law as so
denned, and cannot be upheld without
doing violence to the expressed and
plain language of the Constitution."
Text of Court's Decision.
Herewith Is given the full text of
the decision of the Supreme Cou ' In
the Port of Columbia case:
This suit involves the .constitutionality
of an act of the legislative assembly of
1907, to establish and incorporate The Port
of Columbia: (.Laws of 11)07, 182). By this
act the counties of Multnomah, Clr.tsop and
Columbia are created a separate district,
and tha Inhabitants thereof are constituted
and declared to be a corporation by the
name and style of "Th Port of Columbia,''
and as such to have perpetual succession;
to hold, receivo and dispose of real and
personal property; to sue and be sued, plead
and be impleaded in all suits of proceedings
brought by or against it. Tha declared ob
ject of the corporation so formed is to
promote tha maritime, shipping and com
mercial Interest of The Port of Columbia.
For that purpose it la given power and
made its duty to own. operate and main
tain a towage service from the open sea,
at the entrance of the Columbia River,
to all points upon the river extending as
far Inland as Tongue Point, near Astoria;
to purchase, own, lease, control and oper
ate tugs and pilot boats; to appoint and
license pilots; to fix and collect charge for
pilotage; to acquire, own and dispose of
real and personal property; to make any
contracts, the making of which is not in
this act expressly prohibited, and to do ail
other acts and . things, which may be
requisite, necessary or convenient In car
rying out the powers conferred. For the
purpose of acquiring tug and pilot boats,
and providing the same with necessary ap
pliances, tha corporation is given power to
Issue, sell and dispose of bonds not ex
ceeding the aggregate sum of $400,000; and
power and authority to assess, levy and
collect each -year a tax upon all property,
real or personal, within Its boundaries,
which Is by law taxable for state and
county purposes, not to exceed a rate
therein specified, to retire such bonds at
maturity and the payment of interest there
on. The power and authority given to the
corporation Is to be exercised by a board
of commissioners, and their successors In
office to be appointed as in this act pro
dded. Can't Bo Formed by Special Law.
This law waa evidently modeled after that
creating the Port of Portland (Sess. I,. 1891,
791): and If the constitution had not been
amended since the enactment of the latter
-statute it could possibly be sustained, if
otherwise valid, on the ground that It la a
corporation created for municipal purposea
At the time of the passage of the Port of
fprtland avct, the, consUtullpn. jCArt, XJ. gag.
provided that "corporations may be formed
under general laws, but shall not be created
by special laws, except for municipal pur
poses." and It was held that the Port of
Portland was a corporation formed for muni
cipal purposes within the meaning of this
provision: Cook vs. Port of Portland, 20 Or.
680. In June. 10O6. the section referred to
was amended to read:
"Corporations may be formed under general
laws, but shall not be created by the legis
lative Assembly by special laws. The Legis
lative Assembly shall not enact, amend or
repeal any charter or act of incorporation
for any municipality, city or town. The legal
voters of every city and town are hereby
granted power to enact and amend their
municipal charter, subject to the constitution
and criminal laws of the State of Oregon."
By this amendment the power to create cor
porations for municipal purposes by special
act was not only eliminated, but the creation
of a corporation by euch an act la expressly
prohibited, and It la no longer in the power
of the leg1s:atlve authority to create a cor
poration, publlo or private, by a special law.
It would seem, therefore, that the act Incor
porating the Port of Columbia Is In violation
of this section, a amended, and void. But
ft ' - i: Vl.
GlfTord Pinchot, Chler Forester of
I'nited Statmi, Mho Favor Free
Imports of Lumber to Save the
Foreats.
counsel argue that It Is a general and not a
special law. and, therefore, not prohibited
by- the constitution. It la not eay to define
the distinction between a general law and one
that U special, and to use the language of
the Supreme Court of New York, it ham been
found expedient to leave the matter, to a
considerable extent, open to be determined
upon the special circumstances of each case."
Ferguon vs. Rosa et al., 12fi X. Y. 459.)
Statutes are often classified as public or
general and private or special, a public stat
ute being one of which the courts will take
Judicial notice, while a private statute must
be pleaded: ! Kent 4f0; 1 Blacketone 85. 'That
this la a public law must be conceded, not
only because it Is one of which the courts
will take judicial notice, but because the
constitution provides that every statute shall
be a public law unlees otherwise declared by
the statute Itself. (Art. IV, See, 27.)
Every Public law Not General, r
It does not follow, however, that be
cause tt In a public law It is a general one.
Public and general as applied to statutes
are sometimes synonymous, depending upon
the contex, but they are not so In all cases.
Every general law Is necessarily a public
one, but every public law is not a general
one. Thus an act Incorporating a city Is a
public law, but It Is not a general one, be
cause It Is applicable to a particular local
ity. Also an act authorizing a certain
school district to Issue bonds for the pur
pose of erecting a schoolhouse, and pur
chasing a site therefor, is a special law
and In 'lolatlon of a constitutional pro-;
vision that "the Legislature shall pass no
special act conferring corporate power."
Clegg vs. School District, 8 N'eb. 179;
School District vs. Insurance Co., 103 U. 8.
707. And again, laws amending a' city
charter In respect to making local Improve
ments, or extending the limits of a par
ticular city, are special acts, and held un
constitutional under a provision that, "the
Legislature shall pass no special act con
ferring corporate power." Atchison vs.
Bartholow, 4 Kan. 1114; City of Wyandotte
vs. Wood, 5 Kan. 603; State ex rel. The
Attorney-General vs. City of Cincinnati, 20
Ohio St. 18. When used as opposite to pri
vate, and having reference to the subpect
matter, of a statute, the term general is
equivalent to public. When, however, it
Is used In reference to the territory em
braced within a law, and In opposition to
local. It means operating over the whole
jurisdiction of the law-making power. In
stead of a particular locality. And when
It is used in contra-dlstlnction to special. It
signifies relating to the whole community
or nil of a class Instead of to a particular
locality or a part of a class. In this latter
sense a law is general, when it operates
equally and uniformly upon all persons,
places or things, brought within the rela
tion and circumstances for which It pro
vided. But when It Is applicable only to a
particular branch or designated portion of
such persons, places or things, or Is lim
ited in the object to which it applies, tt is
special: Lippman vs. The People, 175 111.
lOl ; Wheeler vs. Pennsylvania, 77 Pa, St.
338;' 20 Am. & Eng. Ency. of Law (2 ed.)
1 I .re wis Southerland Stat., Con. section
105. It Is in this sense that the terms gen
eral and special are used In the provision
of the constitution now under consideration.
The object of the .amendment was to de
prive ihe law-making; power of the right
to create particular corporations, either
public or private, and to require that all
corporations be formed under a law, the
provisions of which shall be applicable alike
to all. A general law, within this section
of t,he constitution,- Is one by which all per
sons or localities complying with Its pro
visions may be entitled to exercise the
powers and enjoy the rights and privileges
conferred. A special law, on the other
hand. Is one conferring upon certain Indi
viduals or citizens of a certain locality
rights and powers or liabilities not granted
to, or Imposed upon,' others similarly sit
uated. The act creating The Port of Co
lumbia is clearly a special law as so de
fined, and cannot be upheld without doing
violence to the expressed and plain lan
guage of the constitution. The provision
of article 1V section 23, prohibiting the
passage of special and local laws on enu
merated subjects was under discussion In
Allen vs. Hirsch. 6 Or. 472, and Max-Tell
vs. Tillamook Co.. 20 Or. 495. What Is
there said In reference to the distinction
between general and special laws must be
understood as applying to the construction
of that provision of the constitution and
has only a general bearing upon the pres
ent case.
University Case Not Similar.
The cases of Dunn vs. State University, tt
Or. 337, and Liggett vs. Ladd, 23 Or. 2-45.
are cited as authotitles supporting defendants'
position. It is arguca mat tne Regent of
the University and of the Agricultural College
are not corporations for municipal purposes,
and eince at the time of the passage of the
laws providing for their appointment and de
nning their duties the Legislature was in
hibited from creating corporations by special
law, except for such purposes, the court
necessarily must have concluded in ruling
that they are Incorporations and that the act
providing for their appointment was a gen
eral one. iniM vs. university (which was
n,9iuded. on fut &.
3
? - "- - t
JAPANESE SEIZE
FIE1V11L BASE
Pratas Island at Gate
of Philippines.
GOOD ANCHORAGE FOR FLEET
Only 60 Miles North of Amer
ican Territory.
LAST LAND FROM FORMOSA
Kxplorcrs Hoist Flag on Sandy Isle
Only Visited by Fishermen and '
Useless Kxcept as a Base for
Naval Operations.
WASHINGTON', Sept. 3. (Special.)
News from Yokohama that Japanese
"explorers" had occupied and hoisted
the national flag over the Island of
Pratas. near the Philippines, attracted
much attention here because by this
act as been added to Japanese terri
tory an island within 120 miles of
the r Philippines, which would furnish
an admirable naval base, Japanese pos
sessions are brought almost within the
archipelago, because Pratas island la
less than 60 miles north of the
twentieth parallel, which was the in
ternational boundry of the former
Spanish dominions as defined In the
treaty of Paris.
Pratas Island, in connection with the
excellent anchorage afforded by Pratas
reef, would be very serviceable to the
Japanese, should their navy operate
In the waters adjacent to the Philip
pines. The reef, the northeast point
of which is about eleven miles from
the Island, Is a wind barter of circular
form, Inclosing a lagoon with water
of from five to ten fathoms. The reef
is about 40 miles in circumference, and
between one and two miles in breadth.
There are two channels leading Into
the lagoon, one on either side of Pratas
island. There are several good an
chorages in from ten to twenty fathoms
of water, the position abreast of the
south channel being well adapted for
naval purposes.
The War and Navy Department of
ficials Bay that, they have no official
information about this new acquisi
tion of the Japanese nation.
Pratas island is composed of sand.
It has been generally visited by Chi
nese fishermen in the early part of the
year. It is said to be the last Island
between the chain running down to
Formosa and beyond the Philippine
Islands.
In no way could the island be of
value to any one except for naval
purposes. It Is barren, except for
bushy growth. But as a coaling and
refitting base it might be of great
value during a blockade of Manila or
ports on the Chinese coast.
SAVED BY TREE'S FOLIAGE
Female Aeronaut Falls 300 Feet,
but Escapes Injury.
MIDDLETOWN, N. T Sept. 3. Mrs.
Myrtle Rysdike, a 17-year-old aero
naut, narrowly escaped death in mak-
t '.
, PUZZLE WHO'S ABOUT DUE? j
i - - '' . - ' - ' " -4
NEWS SERVICE EARLI BE-
STORED. t
NEW YORK, Sept. S. Melville EX
Stone, general manager of the Aeso 7
elated Pren, sent the following bul-
letln to Associated Press papers to-
J1B i-W T
Mi Mis-
day:
"The territory east of th
sippl River, with the exception of four
or Ave cities in the interior1 of Penn-
sylvania and three or four cities In ?
the South, is practically in a normal
state. The cities in Pennejylvania re-
. ferred to are Scranton. Wilkesbarre, J
Altoona, Harrteburg and WiUIamsport, I
ami those ' in the South 'are Chatta- 1
nooca, Nashville, Knoxvllle, Savan- 4
nah and Louisville. In Texas three or T
' four operators who struck have been 4
re-employed, and the places of a num-
, ber of others have been fllled with ?
equally efficient substitutes. There J
are still three or four points receiving I
an abbreviated service. f
"Montana and the interior of Wash- J
Ington and Oregon are receiving re-
duced reports, as are Leadville and t
Pueblo, Colo. , and Albuquerque, N. I
M., and EI Paso, Texas. Otherwtse 2
the leased wire service has been re- f
sumed in a reasonable state of ef- t
nciency.
"Operators began copying the report
today at Portland. Seattle, T a coma
and Spokane. Stockton, Cal., let the
only point on the leaaed wire circuit
of that state which Is not receiving a
leased wire report. It 1 being served
by telephone.
"The telegraph companies have been
unable to rve pony reports to a lim
ited number of places west of the Mis
sourl River, but the other pony re
ports are being forwarded as usual.
"The total number of operators who
have struck and have been re
employed Is about 75. Over 180 re
fused to strike. The total number em
ployed waa 370. During the strike I
have been unwilling to transfer men
who were faithfully doing their duty
at their home positions to take the
places of men who had struck, believ
ing It to be unfair to punish them for
their loyalty.
"The men who rtuck to their keya
throughout the atirring time are de
serving of all lasting gratitude of
members of the association. They re
fused to take part In a most dishon
orable and unwarranted outbreak, and
have been subjected to abuse and. In
timidation In such measure as only
men of strong character and1 high prin
ciples could withstand."
Ingr a balloon ascension at Midway
Park here.. When 300 feet in the air
the balloon caught fire, and the hot
air escaping:. It fell rapidly toward the
earth.
Several . thousand persona in the
park expected to see the young- woman
dashed to death, but she luckily fell
Into the thick foliage of a tree. She
escaped with a few scratches.
YOUNG MAN MAKES RECORD
Shoots : Better - Than Best Shots In
Army and Navy.
. ORBGONIAN NEWS BUREAU. Wash
ington, Sept. 3. Th Individual military
championship of the United States has
been won by Harold Travis Smith, an 18-year-old
Washington boy, new midship
man at Annapolis Academy. He made the
highest average score in the President's
match and National Individual match,
thus outranking the best shots in the
Army, "Navy, Marine Corps and Naval
Academy. The department considers it
remarkable that so young a man should
hold this distinguished record. He will
receive an autograph letter of congratula
tion from the President.
Joel V. Dewees, Lawyer and Veteran
LINCOLN, Neb.. Sept. 3. Joel W.
Dewees. solicitor of the Gurllngton Rail
road Company for the lines west of the
Missouri River, died at his home in
Lincoln today after a brief illness, aged
61 years. He was a veteran of the Civil
War. Mr. Dewees' service as attorney for
the Burlington probably had antedated
that of any other' man in the legal de
partment of the road.
NOTES OF DISCORD
lil WET CONGRESS
Pinchot Forced to De
clare for FreeLumber.
ROOSEVELT UNDER CRITICISM
Yuma Valley Men Say Inter
ests Are Ignored.
TIMBER SUPPLY VANISHING
Chief Forester Wonld Husband It by
Free Imports Pardee Tells of
When Roosevelt Damned
the Lumbermen.
SACRAMENTO. Cal.. Sept. 3. Discord
ant notes ran through the proceedings of
the National Irrigation Congress today
and the name of President Roosevelt also
figured , prominently, on one occasion the
country's chief executive being referred
to in a manner that meant criticism of
his policy in connection with the Owens
Valley water project. There was also
criticism ' of policies pursued by other
Government officials.
The sessions were in marked contrast
to that of yesterday, when words of wel
come and the beautiful notes of the
Ogden Tabernacle choir fell upon the ears
of the thousands gathered within the
canvas Irrigation Palace. With warm
weather prevailing, the diversion helped
to stimulate the interest of the large
audience.
Motion for Free Lumber.
The first break in the reign of harmony
came shortly before the noon hour. After
Glftord Pinchot, Government Forester
and personal representative of Mr. Roose
velt, had delivered an address on "Con
servation of Resources," Judge E.
Rakerf, of California, moved that it be
the sense of the convention that all
duties on timber be repealed, in view of
the statement of Mr. Pinchot tliat the
supply of lumber in this country would
be exhausted within 20 years if nothing
was done to protect them. Tne motion
was seconded. It wait 'then moved that
the resolution be referred to the commit
tee on resolutions, in line with the plan
adopted earlier in the day, when the mo
tion of Matthew Dougherty, of Utah, as
amended by Judge Raker, 'was carried.
This would shut off debate.
Delegate White Smith, of Inyo County,
California, one of the prominent figures
In the movement that means the airing
of the alleged grievances of the so-called
"kickers" from Owens Valley, Tuma and
other points, was at once on his feet.
He realized that the adoption of the
resolution meant the shutting off of de
bate. Mr. Klesel, of Utah, also arose to
ask a question. ' '
Mr. Smith continued to speak and urge
the right of debate, when he was ruled
out of order by Congressman John Henry
Smith, of Utah, who was acting as tem
porary chairman. The Inyo representa
tive did not subside for some minutes,
but finally Mr. Kiesel asked Mr. Pinchot
what is being done In the way of reform
legislation. The answer was satisfactory,
but Mr. Fairweather, of Fresno, brought
matters to an issue by asking Mr.
Pinchot:
''Are you in favor of admitting lumber
free Into this country?"
Pinchot Smoked Out.
In reply Mr. Pinchot said:
"You have smoked me out." He said
he declined to take a public stand on the
question for the reason that if the Forest
Service had declared itself in favor of
the admission of lumber free Into the
United States, It would have secured the
united opposition of the lumber inter
ests instead of what it has now. the
united support of these interests, which
own four-fifths of the forests of the
country.
It was this latter remark that was used
at the afternoon session by White Smith,
when he made an impassioned talk ex
pressing alleged grievances. When the
W. A. Williams, of Oregon, Who
Sounded Prulaes of Oregon at Irri
gation Congreas.
close of the programme was reached it
was announced that George Otis Smith, of
the Geologacil Survey, had not arrived in
time to speak, and that any delegate who
desired to be heard might address the
congress. White Smith arose and said he
did not think any delegate was opposed to
reclamation and forestry, but that it waa
not a question of what, but of how. He
said the congress had heard from only
one side.
"Let some man be called," said Mr.
Smith, 'who may present hte other side.
All we ask Is fair play and that no cut-and'-dried
programme be forced down our
throat. I as one delegate demand some
voice in the proceedings."
Yama Valley Kicker Heard.
Associate Justice Nave, of Arizona, sug
gested' that Mr. Smith be allowed three
quarters of an hour to address the con
vention, and accordingly he took the
platform He said the people could not be
properly represented In the Irrigation
Congress if men of practical ex
perience could not have more voice.
Referring to the remark of Mr. Pin
chot, the Inyo County man said the
Government officials are evidently
afraid to stand forth in the Interests
of the poorer classes, as shown by the
statement that they do not want to
gain the opposition of Interests Ilk
those controlling four-fifths of the
timber in the United States. Mr.
Smith then turned his attention to Mr.
(Concluded on Fag's 3.)
CONTENTS TODAY'S PAPER
The Weather.
YESTERDAY'S Maximum temperature, 7
degrees; minimum, 6
TODAY'S Fair; nortneasterly winds.
Foreign.
French draw Moors into trap and inflict
crushing defeat. Page 3. ,
Wholesale assassination of Sultan of Mo
rocco's favorites. Page 3.
Antwerp in hands of mob of strikers and
militia called In haste. Page 3.
American delegates carry another point at
Hague conference. Page 4.
National.
Island aetze by Japan valuable as naval
base. Page 1.
Attorney-General Bonaparte denies tie will
: resign. Page 4.
Inquiry into lumber industry begun. Page
.
Politics.
Congressman Burton to run for Mayor of
Cleveland. Page 3. .
Each party has three-cornered fight in New
York. Page 3.
Third-term enthusiasts falling In line for
Taft. Page 1.
Domestic. ' v
Hearing- on suit to dissolve Ftandard OH
Company begins Thursday. , Page 3.
'Judge Lawler refuses to quash -San Fran
cisco graft indlctmenta. Page 2.
Peculiar divorce bargain of rich Eastern
man. Page 4.
Attack on Roosevelt and Pinchot's declara
tion for free lumber enlivens Irrigation
Congress. Pago 1.
Harrlman and Harahan making campa'lgn
for control of Illinois Central. Page 2.
Six killed and 2 Oinjured In wreck on
Canadian Pacific. Page 4.
Nebraska militia seize building for armory.
Page 2.
Pacific Coast.
Referendum petitions all declared valid by
Supreme Court. Page 6.
Port of Columbia bill is found unconstitu
tional. Page 1.
Mysterious 'bank robbery at Auburn. Pace
1.
Commercial and Marine.
Sharp advance expected in cascara bark.
Page 15.
Good demand causea higher wheat prices.
Page 15. , '
Improvement In financial markets. Page 15.
Record for charters broken by Portland ship-
pert. Page 14.
Portland and Vicinity.
Japanese ofticial vlalting Portland deplores
silly war talk. Page 10.
Master Fish Warden Van Duseji to remain
In office. Page 14.
Dr. Cottel maintains Portland's milk supply la
bad. Page 13.
Council to allow United Railways new fran
chise. Page 10.
State sues Columbia Southern Irrigating Com
pany for receiver. Page 7.
Accoster of women knocked down by by
stander; Page 16.
Attendance increases at
Page !..
Pure Food Show.
Friends of Port of Columbia to start at once
securing signatures for Initiative petition.
Pasta S.
TUFT ACCEPTED
AS BEST CHOICE
Worthy to Be Successor
to Roosevelt.
STANDS BY POPULAR RIGHTS
Would Govern for People and
Not for Interests.
PROVED BY GOOD SERVICE
Roosevelt's Decision to Retire Taken
as Final and Reliance Placed in
His Judgment as to Best
Successor.
OREGON1AN NEWS BUREAU, Wash
ington, Sept. 3. Talk about the renomina
tlon of President Roosevelt has com
pletely subsided in the East. News
papers that once speculated on the third
term, or so-called "second elective term,"
no longer devote space to the subject,
and politicians who once discussed the
possibility of Mr. Roosevelt's renomi
natlon, no longer mention the President
In connection with the next convention.
This change is apparently due to two
things: People are beginning to realize
that the President was In earnest when
he said he did not want and would not
accept another nomination, and Republi
cans who heartily approve the course of
Mr. Roosevelt are awakening to the fact
that Secretary Taft is well equipped to
take up the reins of office when Mr.
Roosevelt lays them down. In Mr. Taft
the party seems to have a candidate who
In every way fills the bill: indeed, Mr..
Taft appeals to certain Republicans who
look upon Mr. Roosevelt as too radical.
No Wall-Street Taint.
Before Mr. Taft started on his tour
around the world, enemies of his declared
that he would be unsafe; that he would
be subject to dictation from Wall street,
and that he would be less rigorous than
Mr. Roosevelt in the prosecution of the
law.-breaking trusts. But the Secretary
has spoken on these Issues,' and his words
apparently carried conviction to those
who heard or read them. Moreover, it is
not to be presumed that the President
would show such confidence in Mr. Taft
If he believed Mr. Taft would turn out
a weakling and permit himself to bo
swayed by the money interests. The
President has had a better opportunity
than any one else to study Mr. Taft and
find out what Is In him, and it Is his
opinion, after years of association and
collaboration, that Mr. Taft Is big enough
and strong enough and honest enough
to fill tbe Presidential office with more
satisfaction to the country than any other
one of the men who are aspirants for the
place.
Carry Out Roosevelt Policy.
No one questions the desire of the Pres
ident that his policies shall be carried
out after he retires from the White
House. More than any other man he Is
anxious that the prosecution of the law
breaking corporations should be pushed
until the last one of them shall be
brought to bar. Likewise he wants to
see a man In the White House who will
keep after the railroads until they show
a universal respect for the law and un
til they deal with the public squarely and
fairly. What Is equally Important, Mr.
Roosevelt wants a man In the White
House who will be close .to the people)
and who will work for the people and,
not for tbe special interests. Mr. Roose
velt knows well Mr. Fairbanks. Mr.
Knox, Mr. Cannon and all the other as
pirants for the Republican nomination,
and it is his opinion that Mr. Taft Is the)
one among them who comes nearest his
ideal. If the President, knowing per
sonally and intimately all the various
candidates, picks Mr. Taft. and if the
President Is extremely anxious that Mr.
Taft should be nominated, and If he still
adheres to his statement that he him
self will not be a candidate, -- Is ths
most natural thing in the world that
thousands of Republicans, with un
bounded confidence in Mr. Roosevelt,
should begin to look with favor on Mr.
Taft as a possible nominee in 1908.
Captious Critics Silenced.
Mr. Roosevelt would not favor Mr.
Taft as against other candidates if hs
believed any of the others better equip
ped than the War Secretary. There la
nothing selfish In the selection of Mr.
Taft; it Is an honest choice of an honest
man. Mr. Roosevelt has no fear that
his successor will outshine, him. The
chances are that he will not: that none
of the various men named would attain
fame greater than that of Mr. Roosevelt,
but whatever the future may develop,
that condition is not a factor in the
President's choice. He has picked Mr.
Taft because he believed In him and be
cause he believed that Mr. Taft could be
elected if nominated.
It is strange to note that there Is no
more criticism of lur. Taft because he
Is Mr. Roosevelt's choice. When the
Taft boom first had the endorsement of
the President, there was a great deal
of talk about Mr. Roosevelt undertak
ing to dictate to the party what it should
do, and stories were sent broadcast that
no man could be nominated If it be
came known that he was "Roosevelt's
favorite." These reports stated that no
man who wore "the Roosevelt yoke"
could hope to secure the nomination,
reference always being made to Mr. Taft.
It has since been discovered that all such
reports emanated from the Foraker
camp, and since the exposure there has
been no more talk of Mr. Taft's unavail
ability "because he Is Roosevelt's choice."
The fact that Mr. Taft is Mr. Roosevelt's
choice will help him Immensely; it wllj
not create adverse sentiment.