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THE 3IORXING OKEGONIAN, SATURDAY, OCTOBER 5, 1907.
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PORTLAND, SATURDAY. OCT. 8. 1907.
THE COURTS AND LEGISLATION.
The Hon. Walter Clark, Chief Jus
tice of the Supreme Court of North
Carolina, endeavors to prove In the
current number of the Independent
that the Federal Judges ought to be
elected by the people and not appoint
ed by the President. He would apply
this rule to all the judges, both those
of the lower courts and the Justices
of the Supreme Bench. The reasons
which Mr. Cl-rk offers for his opinion
will appear strange to most people,
reared as v,-e have been to look upon
Federal judges as a superior order of
beings who can make no mistakes and
do no wrong. He clearly indicates a
conviction that the authority which
has been gradually grasped by the
Federal judges is transforming our
National Government Into a close oli
garchy; and since. In his opinion, the
appointment of the judges is often dic
tated by the corporations, the tendency
of the oligarchy is to subject us to a
group of a narrow and conscienceless
plutocrats.
Judge Clark reasons that the Fed
eral courts have made themselves the
supreme and irresponsible rulers of
the country by assuming t'.ie right to
veto acts of Congress. This veto
power is disguised under various
names and exercised with divers palli
ations in form and language; but it is
a real thing and it is probably the
most Important single fact in our
Governmental system. Everybody will
recall that the United States Senate
debated the rate bill not in the slight
est degree upon its merits, but solely
upon the question whether the Su
preme Court would approve of it or
not. Mr. La Kollette was the only
Senator who touched upon the rights
and wrongs which the bill was de
signed to remedy. All the others,
Spooner, Bailey, Long, Fulton, dis
cussed simply and solely what ought
to be done to meet the wishes of the
courts. Is this not a strange phenom
enon? Is it not somewhat incongru
ous to see one co-ordinate department
of the Government assuming this ser
vile attitude toward another which by
the Constitution is its equal, but not
its superior? The Constitution con
tains no hint whatever that the courts
Khali be the exclusive interpreters f
our fundamental law. That power is
equally distributed among all ttuve
departments of the Government. It
belongs to Congress as much as to the
Supreme Court and to the President
as much as to either of the others,
The Supreme Court has no more con
stitutional right to annul a law of Con
gress than Congress has to annul a
decision of the court. So thinks Judge
Clark.
He argues that it never was the in
tentlon of the constitution-makers to
confer political power upon the
courts: but the authority to annul, or
veto, laws Is political power of the
highest order. It makes the courts
our supreme legislative bodies. And
the singular anomaly of it is that they
are not only beyond the choice of the
people and above all possibility of be
lug held responsible, hut they are
practically exempt from effective crit
iclsm. To utter or publlE'.i what is
intended to Influence a court while a
case is pending brings upon one pun
ishment for contempt. But it is in
deciding cases that the courts really
iiact new laws and repeal old ones.
Hence this legislation, which is more
important than any other, goes on al
most In secret. Certainly it is en
tlrely exempt from public discussion.
By this half clandestine process of
lawmaking. Judge Clark points out,
the Constitution has been entirely
transformed; and it has been done so
quietly, so inconspicuously, that very
few people know anything about it.
He makes the perfectly true remark
that the Supreme Court has so altered
the meaning of the Constitution, with
out changing its outward form, that
the men who made it could not rec
ognize their handiwork. Yet there
are those who pretend that the courts
are the only safe guardians of the
Constitution.
In the constitutional convention the
proposal to confer upon the Federal
courts the power to annul laws of
Congress came up four separate times.
Each time it was debated, fully con
sidered and voted down by a decisive
majority. Not more than three states
ever favored the proposal. It Is a
rule of law everywhere accepted that
when the interpretation of a law is in
dispute the intention of the lawmak
ers is decisive upon the matter if it
can be ascertained. There is no trou
ble whatever in ascertaining what the
intention of the constitution-makers
was In regard to the annulment of
Congressional acts by the Federal
courts. They expressed their Inten
tion clearly and unmistakably four
separate times. Each time they de
nied the power to the courts. And yet
the courts, which pose as the only
trustworthy conservators of the Con
stitution, have usurped this authority
and exercise It so frequently and con
temptuously that they have made the
legislative department of the Govern
ment nothing more than their sub
missive vassal. So thinks Judge Clark.
But the usurpation is now so strong
ly Intrenched in custom, he believes.
that It can only be remedied by a con
stitutional amendment. He proposes
an amendment which would make the
judges elective and confer their office
for a term of years only, instead of
for life, rs it now stands. As to the
wisdom of such an amendment people
will differ according to their tempera
ments and prejudices. As to its prac
ticability there can be but one opinion.
It is useless to think of amending the
Federal Constitution. It cannot be
done. If for every desired step for
ward In government we must wait till
the Constitution Is amended, we may
as well make up our minds to live
witHout progress. The only sensible
and practical method is to adopt Pres
ident Roosevelt's pragmatic theory
that the Constitution means what the
National life requires it to mean. To
squeeze an elective Federal Judiciary
out of It may be a task which .pre
sents some difficulties, but we are con
fident it can be done. If the post
roads clause does not suffice, sorely it
can be managed under the general
welfare provision.
MEN AND WOMEN.
We are disposed to agree with one
of our correspondents, whose letters
are printed today in another column,
that a Jury of women would be less
amenable to the wanton wiles of Way
mires and their lawyers than men are.
Not that women understand the little
arts of their sex better than men
do, but they are differently affected by
them.
For example, it was reported that
when the Mayor appeared in court
Mrs. Waymire "cast a withering glance
at him." Now that glance was, of
course, carefully studied, and it -tfas
emitted with a perfectly definite in
tention to produce a certain effect
upon judge, reporters and spectators.
Had these individuals been women in
stead of men, one can assert with un
qualified confidence that the wither
ing glance would have failed of its ob
ject. They would have read Its pur
pose instantly and steeled their hearts
against it. The men read it equally
well, but their poor, silly hearts were
butter beneath its beams.
We believe it Is agreed by lawyers
that a Jury of men is by nature unfit
to render exact justice to a handsome
woman, whether she be plaintiff or
defendant. Dickens set forth a great
truth for all time in his caustic de
scription of the proceedings in Bardell
and Pickwick. Sergeant Buzfuz did
exactly what every lawyer does when
he can make capital of a woman's
sexuality before a Jury. His specious
appeals to "chivalry" and that sort of
thing are repeated in court every day
in the year, except possibly Sundays,
and they are almost invariably ef
fective. It is safe to wager that the women
of Portland, the good women, appreci
ate the bitterness of the Mayor's situ
ation far better than the men do, and
weigh the circumstances with a nicer
sense of justice.
The vilest creature on earth, and the
most dangerous, is a woman who
abuses the power of her womanhood
to betray a man to his ruin. No
words can express her infamy, for she
has turned the most sacred of all
things to the lowest purposes of evil.
CAPITALIZATION AND PRICES.
"It is a popular superstition that a
corporation capitalized at more than
its actual value must charge prices
higher than would be charged if cap
italized at its actual value." This quo
tation is from the New York Evening
Post. The able writer goes on to say
that scores of states have based legis
lation on the superstition, and he de
votes a column of really powerful ar
gumentation to show how false It is.
We have no wish to try to prove
that overcapitalized corporations must
charge higher prices than those which
are Justly capitalized; but we do main
tain that the higher their capitaliza
tion is the more they must charge to
earn dividends upon it; and we think
this is the common view. If they do
not care to make dividends for their
stockholders, of course there is no
necessary relation between capitaliza
tion and prices. But, while dividends
cut no figure in the speculations of
doctrinaires, they are rather Important
to the owners of corpoorate stocks,
and the desire for them exerts a not
altogether negligible pressure upon of
ficers and directors. Thus in practice
there is a very definite relation be
tween capitalization and prices. Here,
as almost everywhere else, the cut-and-dried
conclusions of economic
theorists look very pretty on paper,
but apply only partially to the living
facts.
The Federal Courts always rule that
corporations are entitled to a fair
profit on their Invested capital; and
they compute the invested capital from
the amount of stock which has been
issued. Hence in the decisions of the
courts the rule prevails that capital
ization determines prices. Whether
the rule Is Just or not is another mat
ter entirely. We think that in general
It is not Just; but it is the rule all the
same.
The only fair way to determine
prices is by the cost of producing the
arctile proffered, whether it is trans
portation, sugar, kerosene or life in
surance. Capitalization, dividends,
fair returns upon capital invested, and
all such questions, are entirely ex
traneous to the issue; but as things
go in this imperfect world the cost of
production has very little to do with
prices' and irrelevant factors almost
everything.
WILLAMETTE VALLEY TRANSPORTA
TION. "Announcement that the Oregon
Electric line will extend its road from
the present terminus at Salem to Eu
gene will be most graciously received,
not only at Portland and Eugene, but
all along the route. The Oregon
Electric seems to be one of those cor
porations which does not confine its
building to paper, but actually invests
in steel, ties, roadbed and equipment.
We have been somewhat "shy" on
roads of this class In Oregon, and, for
that reason, the work of the Oregon
Electric will be doubly valuable to the
state. The building of this line to Eu
gene will largely aid to solve the trans
portation problem for the Willamette
Valley. It will supply all of the inter
mediate territory between Portland
and Eugene with quick and frequent
transit at lower rates than now pre
vail, and It will also offer an oppor
tunity for the fruit, hop and lumber
men of the Valley to get their prod
ucts on the market with much greater
facility than ever before.
Operated as an independent enter
prise, this line can turn over at Port
land the immense traffic originating
in the Willamette Valley to the road
which offers the best Inducements to
the shippers. If it remains clear of
entangling alliances with any one of
the big roads leading across the conti
nent, its business will be sought by-all.
and every shipper along the line will
profit by the competition thus created.
The business of the Willamette Valley
is increasing so rapidly that there is
no question about the success of the
road, and, as soon as it is completed
to Eugene, there will undoubtedly be
feeders built out across the country
traversed by the main line.
It a not at all improbable that the
Immense traffic of Central Oregon may
yet find relief by means of a Willam
ette Valley electric line. There is
plenty of power at various places
throughout the state, and the line
could undoubtedly haul wheat out of
Central Oregon at a much lower
freight rate than is now demanded by
the men who are carrying it out with
traction engines. The same natural
conditions which cause heavy grades
through the mountains into Central
Oregon also create water power for
operation of the roads. It is the ad
vantage of rapid transit and good serv
ice between Portland and the Valley
cities and towns that will first appeal
to the people, but In due season still
greater benefits will result from the in
creased development of the country
now neglected for want of transporta
tion facilities.
With a line to Eugene right through
a territory which produces traffic at
every mile traversed, it will not be
long before it Is extended south as
well as east. Southern Oregon is be
coming famous as a fruit country, and
the density of the population increases
at a rapid rate as fruit orchards begin
bearing. An excellent illustration of
the development that follows construc
tion of an electric road can be seen
along the Oregon Water Power Com
pany's line to Estacada. This vhas
changed a scantily settled and poorly
developed country into an almost un
broken line of small farms and gar
dens. It has afforded city workers an
opportunity to get out into the country
and enjoy the pleasures of a little gar
den and orchard of their own, and it
has enabled the small farmer along
the route to get his products to mar
ket at small cost and with quick serv
ice. What has been accomplished along
this older line will now be in evidence
along the route of the Oregon Electric,
although the country traversed is al
ready somewhat better developed than
was the region opened up by the Ore
gon .Water Power line. Mr. Harriman
is apparently still waiting for cheaper
money with which to build railroads,
but there is a possibility that, if he
waits too long, he may find more 'en
terprising men of the Oregon Electric
type in possession of the field. It Is a
matter of no consequence to the peo
ple of Oregon who builds the railroads
so long as they are built and operated
to serve their patrons.
SMALLER FARMS.. MORE FARMERS.
There will hardly be any widespread
sorrow over the new ruling of the In
terior Department which compels the
farmers who lease Indian lands to
dwell on them. It will have the effect
of reducing the acreage held by the
wheat kings and of increasing the
number of small farmers, an advan
tage too obvious to require explana
tion. As stated in a Pendleton dis
patch in yesterday's Oregonian, "the
Importance of this ruling may be re
alized when it Is understood ihat there
are men living in the City of Pendle
ton who are farming as high as 3000
acres upon which there is not a single
house. It will mean the cutting up of
the big holdings into smaller holdings
and the invasion of the reservation by
a more humble class of growers and
the crowding out of the big wheat
kings."
The present season has offered an
excellent illustration of the advan
tages of farming on a small scale as
compared with what is generally
known as "bonanza farming." Prac
tically all of the damage suffered by
the wet weather in the interior wheat
fields was on the big farms, where
the scarcity of labor made it impossi
ble properly to handle the crop when
it was ready. In nearly every case the
small wheatgrower who was farming
about 160 acres and could work it
without much help succeeded in es
caping Injury. It will be .a great
many years before diversified farming
will supplant wheatgrowing in many
localities in Oregon, Washington and
Idaho, but a limitation on the size of
the wheat fields will be of great benefit
to the country. In the case of Uma
tilla County it will result in a large
Increase in the population, something
which has not beet noticeable for a
long time. In fact, there are some
townships In the county where the
steadily Increasing absorption of small
farms by the great wheatgrowers has
resulted in decrease in population at
a time when all other portions of the
Northwest outside of the wheat dis
tricts were showing substantial gains.
In the Willamette Valley, which
thirty years ago was producing nearly
all of the wheat grown In Oregon, di
versified farming has reached a stage
where not infrequently ten families
are found on a single quarter section
that was once devoted to wheatgrow
ing, and each of the ten farmers Is
making more money out of his small
farm than the former wheatgrower
made out of the entire quarter section
when it was devoted to wheatgrowing.
What the Pacific Northwest needs is
more permanent residents to take the
place of that wandering army which
drifts in at harvest time and drifts
out again when harvest is over. The
ruling of the department will work a
hardship only on the big wheat kings,
most of whom have done well enough
out of the industry to live quite com
fortably on 160 acres for the remain
der, of their lives.
A young boy, beaten and driven out
Into the night, which he spent shiver
ing under a pile of lumber rather than
brave the wrath of his inhuman father
by returning to the shelter that he
called "home," is truly an object of
pity. One cannot help wondering
where the mother was when a case of
this kind is reported, and, if present,
what she was doing while the beating
of the boy was going on. The mater
nal instinct should rise to meet an
emergency of this kind with any
weapon that comes handy, from a
rolling-pin or iron poker to the broom
stick. Force is the only argument
that can be used successfully against a
bully or that will put to rout a coward
who uses his strength brutally against
a child. The time to use it is when
the emergency occurs. Blood-letting
has fallen into disuse In therapeutics,
but there is no doubt of the efficacy
of nosebleeding when brought on to
bring a bully to a realizing sense of
the fact that there are some things
that he cannot do, even in his own
house, with impunity.
President Roosevelt in his speech be
fore the Deep Waterways Convention
at Memphis yesterday disclosed his in
timate knowledge of the possibilities of
the great river of the West when he
said that "the removal of obstructions
in the Columbia and its chief tribu
taries would open to navigation and
Inexpensive freight transportation
fully 2000 miles of channel." This is
a greater mileage than Is covered by
all of the rail lines controlled by the
Harriman interests in Oregon, Wash
ington and Idaho, and with the great
awakening in interest in the subject
we are almost certain to experience
but little difficulty in securing the
necessary appropriations for placing
these channels in condition to handle
the traffic which is already taxing the
capacity of the railroads and Is In
creasing more rapidly than ever be
fore. It is something new to receive
from so far from home such encour
aging tributes to our great system -of
undeveloped waterways.
"Trade, like water, finds its own
levels and follows along the highways
of least resistance," said Secretary
Straus In a speech before the National
Convention of Cotton Manufacturers
held in Washington yesterday. And
then, to make the illustration clearer,
the well-informed chief of the Depart
ment of Commerce and Labor threw
cold shivers down the back of the
worshipers of the sacred tariff by tell
ing them if they built tariff walls too
high in this country they would en
courage the building of higher walls
on the other side. To overcome the
obstacle's now encountered by the
trade he recommended revision of
the tariff. If these distressing admis
sions that there is something wrong
with our tariff system continue to
come from men so high in authority,
the next session of Congress will be
almost certain to disclose the very
common clay of which our long-worshiped
Idol is constructed.
President Clark, of the Mount Hood
Railroad, is much chagrined over what
he terms the premature announcement
of the plans of his company to build
a line from Portland to Denver. He
bases his objection to the publication
of the news on the grounds that it
will interfere with securing right-of-way
and other privileges. The pro
jected route of the road is through a
country which is so badly in need of a
railroad that it seems hardly possible
that there would be any attempt to
hold up the road for unreasonable
sums for right of way. If there
should be such attempts at extortion,
the road has recourse in the courts,
and in condemnation proceedings for
such a purpose there would be small
likelihood of any one securing an
award that would be unfair to the rail
road. Government is under no need or ob
ligation to worry about "keeping its
word" with criminals. It may be
expedient for it to keep its prom
ises of immunity to those who
"squeal," but it is not bound to do so.
The main reason for keeping them al
ways will be the inducement it will
afford to others to "turn state's evi
dence." It is a prerogative of the
state to use one of the parties to a
crime to detect and convict another;
and where immunity has been prom
ised it is well, as a rule, to keep the
covenant. But the state is not bound
to keep It.
We have every confidence in the
Mayor of Portland, whoever , he may
be. So, and the same, as to Mayor
Lane. "Sed nemo," etc. "No one i3
wise at all hours." There is great
poetry, of which the following is a
passage, to wit:
But should she confident.
As sitting queen adored on beauty's throne.
Descend with all her winning charms begirt.
To enamour, as the aone of Venus once
Wrought that effect on Jova so fables tell
Even so, the Mayor of Portland
must be up to the emergency. We
believe he was.
Merely a coincidence, still the en
gagement of Gladys Vanderbilt to
Count Szechenyi is contemporaneous
with the announcement of Irrevocable
separation of Madame Anna Gould
from her French husband.
If the Government Is in earnest
about wanting to keep the little brown
men from sneaking in from British
Columbia, why doesn't it put up a
barbed-wire fence at the boundary
line and,, hire a bulldog?
One unreported cause for decrease
In Union Pacific earnings in July is
lack of cars to haul the freight that
was offered.
Not the least congratulatory feature
of Oregon county and local fairs this
year is that every one has more than
paid expenses.
Fortunately all this talk about
changing the name of Bull Run doesn't
affect the quality of the water.
Up there at the Mayor's office was it
a put-up job. or a futile dalliance?
Or was It both? "
Harriman is off the Chicago & Al
ton board. We congratulate the Alton.
HIRDER OF EX-SHERIFF BROWX. 1
His) Only Safe May.
Walla Walla Statesman.
It might not be a bad scheme for Sena
tor Borah to employ Attorney Darrow to
precede him every time he enters his
front gate.
Ob the Level of Ruasla.
Eugene Guard.
If this lawlessness is not curbed and
some method found of silencing loud
mouthed demagogues and yellow news
papers, our country will in time degen
erate to the level of Russia.
Ia Brown But One of Many
Baker City Democrat.
Is it possible that every man who has
been active in ferreting out evidence
against the Western Federation of Miners
Is mafked for death? Ex-Sheriff Harvey
Brown had been active in the Steve
Adams case as a detective in the employ
of the Pinkertons. Is it for that reason
that a deadly bomb was employed to get
him out of the way?
Life of No Man Mny Be Safe.
Tacoma Ledger.
If what the murdered man said just be
fore death is true, the life of no man who
is active in the prosecution of members of
the Western Federation Is safe. It is an
awful charge, which ail law-abiding and
patriotic citizens hope is not true, yet
there is the plain ante-mortem statement:
If the guilty should be caught and the
statement of the ex-Sheriff confirmed in
the trial, the question of whether Harry
Orcharfl told the truth, which has never
been answered, might then be answered.
HelRa of Terror Imminent.
Eugene Register.
If anyone in the Federation of Miners
is responsible for this dastardly act, and
if the perpetrators are caught, they
should be made such an example of as
will put an everlasting quietus on such
an organization or any other of similar
nature, making it forever, in the future
a hissing and a byword among the
upright citizenship of the country. If this
Nation does not rise to the occasion and
stop the redhanded flehdishness of an
archy that - prevails in the country, it
will pay a penalty,- the price of which will
be the blood of innocents and a reign of
terror.
A New and Fearful Terror.
East Oregonian.
What man who speaks his sentiments
on these questions is safe from the bomb
or the bullet? Who can escape if pro
fessional murderers set their plans to "get
him," as it is believed has been done in
the case of Frank Steunenberg and
Harvey K. Brown? The dynamiter may
be at your elbow in the guise of some
respectable agent, solicitor or business
man. He may be spying upon your acts
from day to day, in the guise of a sick
man, "here for his health"; he may be
within sound of your voice, when you
are discussing these questions, in the
guise of a traveler passing through the
city you don't know where they are,
what they are doing, whom they , are
spying upon.
No Palliation for Tula Crime.
Pendleton Tribune.
Cowardly in the extreme, it was at the
same time a fit method to accomplish the
murder of a man whose only fault was
the performance of his duty in the en
forcement of the law behind which the
people stand as the representatives of the
Government as, indeed, the Government
itself. The unspeakable outrage com
mitted in this manner is all the more das
tardly for the reason that in the United
States, of all countries in the world, any
citizen can come as nearly having his own
way about his every movement as any
man or woman should ever have vouch
safed to him or her. There Is no op
pression, nor anything that savors of It,
anywhere.
But Suppose It Be Truet
Tacoma News.
Perhaps the Sheriff was wrong in his
dying conclusions. It is difficult to be
lieve that the Federation is involved in
tills murder. It is Incredible that they
could plot this crime -or sanction it, or
even have knowledge of It. ir tne motive
for this murder had its inception in the
Steunenberg or Adams eases, where is the
carnival of assassination to end? Brown
was one of the least of those concerned in
the late Haywood prosecution. Is the
Governor of Idaho marked for death? Is
Senator Borah? County Attorney Haw
ley? Mayor Haines of -Boise? Are all the
witnesses for the state? Some of these
men live in expectation of the assassin's
bomb or bullet or knife. The Governor
finds it prudent, we are told, to be con
stantly prepared for death.
Where Will It All Endf
Olympia Recorder.
That such another fiend in human form
as Harry Orchard exists almost exceeds
belief. But this bomb outrage proves It
true, whether he is a tool of the miners or
not. That there is such a connection be
tween this and the forerunning murders
Is a belief strongly supported, by the asso.
ciate circumstances. If this is the work
of the miners, whether by organized di
rection or individual initiative, the ques
tion arises, where will it all end? Who
else is marked for death? Where next
the red hand fall? Many other prominent
men have incurred the enmity of the min
ers in the Colorado troubles and the
Idaho prosecutions, as officials, prosecu
tors and witnesses; are they threatened
with a like fate? Revenge and intimida
tion appear to be the motives.
Women for Jurors.
PORTLAND, Or., Oct. 4. (To the Edi
tor.) After reading The Oregonlan's ed
itorial "Salacious Harpies" the thought
came how would a jury of women do to
try this modern Delilah? They would not
prove as wax before her "smiles, tears
and wiles, as men jurors do.
CLARA H. CARPENTER.
PORTLAND, Or., Oct. 4. (To tne Eai
tor.) I wish to thank The Oregonian for
the great satisfaction given me by Its ed
itorial headed "Salacious Harpies," in
The Oregonian of this date. To a man
who has in many years of travel seen the
financial and social ruin wrought by
these earrion birds of society whom you
so Justly condemn, your handling of the
subject cannot fail to appeal and win his
admiration and approval.
O. L. MAYHOOD.
Marry or Get No Property.
Atlanta Disptach in New York Times.
Because his son "refused to wed and
have heirs," Jasper Smith, an eccentric
capitalist, of Atlanta, has sued the son
and recovered valuable property deeded to
the latter four years ago.
"I have given my son." said the capi
talist on the stand in the trial, "four years
in which to marry and have heirs, and he
has not done so. I was anxious for
Thurmond to marry, as I wanted grand
children, but he refused to do so, and I
want my property back."
The Jury, without leaving the box, gave
the property to the father.
A year ago Mr. Smith declined to pay
for a portrait of himself on the ground
that the artist, without consulting him.
had painted in a necktie, a thing that
during his long life he had never worn.
The artist sued, but Mr. Smith proved
he had never worn a necktie and won.
Kills 02 Copperhead Snakes.
Pittsburg Dispatch.
Charles Jones, a .fisherman, of Darling
ton, Harford County, Maryland, has killed
92 copperhead snakes near his home this
Summer.
BREVITY ALL RIGHT I" ITS PLACE.
But There Are Other Considerations
In Composing: Good English.
New York Times.
Thomas R. Lounsbury. Professor of
English Literature in Yale, in the cur
rent Harper's Magazine, comes to the
rescue of such apparent redundancies as
"have got and "widow woman.'" and in
dicts successfully those who make a
fetich ol conciseness. Brevity is fre
quently bald and jejeune. the professor
says, and compression may partake of
the nature of pemmican. quite unfit for
regular consumption. There are uncon
scious pleonasms, too, to which the most
fastidious trimmers of speech have be
come Inured. "Luke" originally meant
"tepid, but the modern word is "luke
warm"; while "there were many per
sons present" may be, but seldom is.
compressed into "many persons were
present." No Englishman would say "I
go not to Europe this Summer," yet his
Anglo-Saxon forbears employed no other
than this curt form of expression.
Gymnasts of literary power there be
whose thoughts stand forth in scant
and sublime attire. But Professor Louns
bury is right, of course, in the contention
that it is "exactly the same with the
clothing of our Ideas as with the clothing
of our persons," which would make the
costume of a gymnast unfit for a Fifth
avenue promenade. Much that, strictly
speaking, is superfluous in our outer garb
makes for comfort and decorum.
Compare the weak effect on the Roman
mob in "Julius Caesar" of the stoic
brevity of Brutus with Mark Antony's
graceful and powerful oration. The ques
tion of fullness or conciseness of style is
one, at bottom, of what Herbert Spencer
calls "economy of attention" of attention
more readily fastened, sometimes, by a
redundant salutation than by proceeding
at once to talk business. "Lift up your
head, O ye" gates; and be ye lift up, ye
everlasting doors" possesses majesty and
strength which conciseness would utterly
destroy.
GOOD NEWS ABOUT IT. S. NAVY.
Our Shlpa and Guns Superior to Any
Others In the World.
Chicago Journal.
While the air Is full of charges that the
Navy is not fit to take the long voyage
around the Horn into Pacific waters and
we are told that our battleships are un
equal to a possible contest with the Jap
anese vessels, it is gratifying to read in
the eighteenth annual issue of Jane's
"Fighting Ships of 1S07," Just published
in England, that "both in ships with
high-power guns or impervious to vital
injury at long range the United States
fleet is superior to any other navy in the
world."
This English authority does not dismiss
the American Naval force contemptuous
ly. On the contrary, it says that our
Navy is "an extremely good second"
among the world's sea-fighting arms.
While our two American Dreaanaughts
are only contracted for and it must be
several years before they are in commis
sion, we have a Navy that is remarkable
for effectiveness, in contrast with mere
bigness.
On top of this reassuring news come
the tidings from Sandy Hook that the
United States possesses an explosive far
superior to the Japanese shimose, which
did more than anything else to enable.
Japan to whip Russia. Since then the
secret of shimose's composition has be
come known to all the great powers, and
hence shimose can never acain :be the
great factor it was in the recent war.
But nobody outside of the Government
knows what the new American explosive
is. It is called dunnite, after its inven
tor. Major Dunn, of the Army ordnance
corps, and is said to have such force that
heavy armor plate was B.i.vered into
thousands of fragments by Its terrific im
pact. Governor HaRhes In a New Llarht.
Kansas City Star.
Who says Governor Hughes is too
austere? Who says he has no senso
of humor? Who says he is unsympa
thetic and stern and all that sort of
thing? Well, to the back seat with all
of them! It is reported that the Gov
ernor, in a speech delivered at the Cen
tral New York Fair the other day,
"tickled" a crowd of 25,000, which
crowd cheered him and hailed him as
"the next President." But the real line on
Mr. Hughes is not found in the achieve
ment of "tickling" the crowd. He was
watching a Japanese acrobat perform.
"That is a girl. Governor," said
Colonel Threadwell. v
"I know. Colonel," responded the
Governor, quietly. "I can tell them in
any language. .
"Her name is Okimo," someone vol
unteered. "I knew it was O. K.," said the Gov
ernor, "but I did not know her last
name."
Now, where Is the man who could
have risen to the occasion more deftly
than that? Chauncey Depew could not
have done better in his most "halcyon"
days. Isn't there a warmth in that
kind of humor to Are the heart of the
"common people"? For the first time,
Charles Evans Hughes looks formida
ble as a Presidential possibility.
Hodcarrler'a Extensive Wardrobe.
North American.
James Wellman, hodcarrier, owns:
Fifteen business suits, latest style and
finest materials.
One suit of evening clothes.
One dinner suit.
Several ultra-fashionable Fall and Win
ter overcoats.
Two fine walking sticks.
Wellman was arrested for stealing $SS0
of the funds of the Church of God and
the Saints of Christ, in Pittsburg. This
Is the widely-known feetwashlng sect. The
hodcarrier was one of the most ardent
feet-washers in tne congregation. He
brought his wonderful wardrobe to Phila
delphia with him.
Magistrate Scott turned Wellman over
to Detective Robinson, of Pittsburg, who
took him back to that city.
A DAY LTKJS THIS.
The other day when rain poured down
I sure believed the world would drown.
It rained so hard, it rained so long.
The streets were streams of sticky mud,
The Willamette a leaden flood.
Umbrella-roofed we all did scud.
A sad dispairful, swearing throng.
The men looked glum, the women
scowled.
The horses floundered, drivers growled,
All in the pouring, soaking rain.
The smoke hung low above the street.
The newsboys tramped with sodden feet.
And every man I chanced to meet
Declared 'twould ne'er be fine again.
Today there's not a single cloud
Upon the heavens; the mountains proud
Lift skyward all their snowy peaks.
The horses toss their heads and prance.
The men shake hands, the children dance.
The pretty girls at every glance
Scatter the smiles they've saved for
weeks.
I like to ride to Council Crest
And stroll and loaf and dream end rest
Upon a blessed day like this.
I like to see a pretty gown
Inwoven with the green and brown
Of frosted leaves; and see the town
Warm with the sun's last, lingering kiss.
I love to see the gardens gay
With rose and dahlia on a day
Like this, so clear, so calm, so bright.
I love to see the 'happy throng
Chatting and idling all along
The street. Their voices like a song '
Of many parts, sing on till night.
Oh, would that every day might bo
A day like this. as bright and free
From gloom, with such a happy crown.
It might, if girls would smile together
And men watch them and not the
weather.
So smile on. girls, no matter whrther
'Tis rain or sun the sky sends down.
C. H. CHAPMAN.
T IS but natural to assume that sine
musicians must pay money for their
education, they should not be expected
to perform in public without remunerc
tion. They generally take good care of
themselves in this respect.
Why? Because of the dreadful examfnv
of Caterina Gabrielll, once a great Italia
prima donna. Site was the daughter of a
cook, and" possessed great beauty of per
son and voice, the latter being a fine,
lyric soprano of two and one-half octaves.
Money came In shoals to Gabrielll who
spent it as fast as she made it. And
sue was capricious.
Once, the Viceroy of Sicilv asked Ga
brielll to sing for him and when she re
fused he sentenced her to 12 days in Jail.
Here she gave daily concerts, of course
without charg-e. paid the debts of her
fellow prisoners, and distributed monev
among the indigent. This continued until
her sentence expired and when she was
liberated she was received with shouts
of approval from the ponulace. For Years
she was a popular Idol. Then vmith.
beauty and voice left her. At SO years
of age, when she was a haggard old
woman she died penniless at Bologna.
Whenever you see a musician who de
clines to work gratis, heedless of the fact
that he may be a teacher making his
$10,000 or $20,000 a year, don't blame him
if he declines to work for nothing.
He's thinking of Gabrielll.
It is related that Ravelli. the tenor,
had a mortal hatred of Minnie Hauk,
because she once choked off his high
B-flat by a too-comphrensive embrace.
To add torture to injury. Ravelli's ex
pression of wrath being mistaken by the
audience as a great burst of enthusiasm
he was loudly applauded amid cries of
"encore." Another tenor, Brignoli, when
he did not receive from the audience
what he considered a proper amount of
applause, usually declined to sing the re
maining numbers, pretending that he had
suddenly been stricken with a sore throat.
Nicholas C. Zan, a baritone well known
in this city, is now earning a high salary
singing in vaudeville for Keith's circuit
in big Eastern cities.
Miss Anna Hold began her New York
season in "The Parisian Model" last
Monday night, with new songs as well
as new dresses and scenery. Otis Harlan
is in the company this year.
The Ernest Gamhle Concert party began
its premier this season at Hartford. Conn.,
with approaching appearances at Boston,
Wellesley College, Trenton, X. J. and
Philadelphia, two concerts being given at
the latter place. The artists expect to
visit this portion of the Pacific Coast
about the end of next February. Mr.
Gamble is one of our most artistic Amer
ican concert singers, his voice being a
rare basso cantante.
The late Edvard Grieg might have lived
longer had he not been so attached to
his home, near Bergen, a picturesquely
situated villa commanding a splendid view
of the island-studded fiord. The climate
of that part of Norway, though mild, is
excessively humid, and this was bad for
a man like Grieg, who had only one lung,
and was a victim of frequent astmatic
attacks and other troubles. Ho knew this
quite well, and made up his mind soma
time ago to abandon Troldhaugen if he
could find a purchaser who would pay
for that villa what it was worth. Shortly
before his death such a purchaser ap
peared. The famous firm of Peters, In
Leipsic. which prints all his music,
bought the villa, and on the following
day made a present of it to Grieg, at the
same time begging him to accept the
privilege of living in any part of the
world he chose, entirely at the firm's
expense. It was a generous offer, but it
came too late.
Lovers of Wagner's music will be glad
to hear that Frauleln Morena. who is to
be one of Conreid's singers at the Met
ropolitan the coming season, is herself
again. Idolized in Munich, she had to
retire from the stage a few years ago be
cause of a damaged voice. After a long
rest, she reappeared several months ago,
but the reports led one to fear tuat sho
had been premature. At the recent Wag
ner Festival at the Prlnzregenten theater,
however, she appeared as Elizabeth In
"Tannhauser," and, says the Allgemeine
Zeitung, her voice sounded more beauti
ful and fresher than ever, not a trace be
ing perceptible of her indisposition.
New York is not the only city in which
opera houses are multiylping. St. Peters
burg will soon have three. The cuy has
been growing so fast thrft the Imperial
Opera long ago ceased to have room for
all who wanted seats. A few years ago
Prince Zeretelll opened a second opera
house, but this, too, was so remarkably
successful that it no longer accomodates
all who are eager to hear operatic music
especially those whose means are lim
ited. Consequently, arrangements are be
ing mode for a People's Opera-House.
which will hold 4000 spectators, who will
pay popular prices. Several Russian cap
italists have provided the funds, and a
number of young artists will t perate
in an attempt to produce the master
works in a worthy manner. The reper
tory is to include two operas that will be
new to St. Petersburgers Wagner's "Fly
ing Dutchman" and Goldmark's "Queen
of Sheba."
The Italian publisher Sonzogno paid
$5000 for a prize libretto by Fausto Sal
vatori. and asked Mascagnl to set it to
music, in the hope of securing another
"Cavallerla Rusticana." Mascagnl ac
cepted it, although he admitted at once
that he was not particularly, interested.
He has now definitely declined the task.
When Salvatorl asked on what ground,
Mascagnl replied: "I cannot set to music
a system of philosophy." The plain truth
Is that Mascagnl has for years been so
unsuccessful with ail of his operas and
his recent tour In this country, where he
ran into debt, that he is not going to
take any chances with a doubtful lib
retto. Miss Matilda de Lerma, the singer who
is to be the star in the next grand opera .
season, has been In Mexico with her
mother in strict Incognita.
At Laredo, on the Mexican border, her
baggage was Inspected, and the officials
wanted her to pay duty on her Jewels and
furs. She stated that she was an opera
singer in Mexico for only a few weeks,
and that the duty was unjust. The offi
cial did not give much credit to her claim,
because opera singers seldom travel
alone.
The matter seemed difficult to solve,
when Miss de Lerma started to sing some
high notes, going up as far as A sharp,
and every one present in the station ap-plaude-
her. The officials were convinced
in this way that Miss de Lerma is a
singer. ...
A chorus singer's life In "opera"
Morning rehearsals lasts until noon,
when there is a half hour or less for
lunch, and back the warblers go again
for either a matinee or the regular af
ternoon rehearsal. At 6 o'clock they are
turned loose a few minutes for suriper
and then it is back again for the even
ing performance. This programme holds
throughout the season. The "Knight for
a Day" company, for Instance, has been
running In Chicago all Summer, but re
hearsals go on every morning just the
same.