8
THE MOItNING OREGOXIAX, THURSDAY, JANUARY 23, 1903.
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PORTLAND. THURSDAY, JAN. it, 1SOS.
LINES OF PARTY ACTION.
It Is known to all Its readers that
this newspaper, though It has In the
main supported the Republican party
this half century, has continually
criticised Its action on many subjects.
When its conventions were juggling
with silver it denounced their action
and appealed to the people. Against
its tariff legislation, which has sun
ported protection to excess, it has
made continual protest. This jour
nal has not failed to denounce the
course or action of the Republican
party when It has deemed that course
or action wrong. It does not, there
fore, return thanks to those who con
gratulate it on taking a position of
Independence, which relieves It from
support of the Republican party In
matters wherein the party, in its
judgment, has taken wrong courses.
It simply has supported the Republi
can party In the main, while It has
criticised its action on certain matters
not of first Importance In comparison
with other matters. A short state
ment will make this plain.
Tn nnlltlr-n Th Orpo-nnian has sud-
ported National principles, as against
sectional or factional divisions. By
this It means that It has preferred the
National principles of Washington,
Hamilton, Webster and Lincoln to
tho sectional and factional efforts of
Jefferson, Calhoun, Jefferson Davis
and Bryan. In other words, it has
supported the idea cf a strong Na
tional and consolidated government,
against the assertion that our Bystem
was merely a loose league of states,
each sovereign, and In dispute and
conflict therefore with the central
government, on all the important
matters of National policy and ac
tion. Here always has been the main
line of division between parties in our
country. It remains so today.
The tariff never has been more than
a minor issue. This is the reason
why there are multitudes of protec
tion Democrats and other multitudes
of free-trade or low-itariff Republi
cans. When the Dt'uocratic party
came into full power through the
elections of 1S92 the protectionists
were completely In control of it. Its
tariff bill only aggravated the unjust
features of protective policy, shifting
and adjusting them In various ways,
to meet new partisan demands. The
country quickly rejected it.
The money Question was one of Na
tional scope and importance. It was
juggled with a long time, yet finally
was brought to an issue. Its im
portance was far greater than that of
any phase of the tariff question.
There were Republican silver men
and Democratic gold men. But the
issue cut right through, party lines.
McKlnley never understood the issue.
He was almost Indifferent about the
gold standard, and while in Congress
had voted for free silver coinage.
Bryan didn't know anything about
the money question, either, but as a
political agitator was Instinctively for
silver. The Republican platform was
devoted largely to protective tariff.
McKJnley had been an advocate of
extreme protection all his life. On
this lsue he expected or intended to
make his canvass. Fortunately for
him. the Insistence of the Bryan De
mocracy on free coinage of silver
made this impossible. From first to
last neither tariff' nor protection was
ever heard of In the canvass. The
tight over the money standard was all
tn all. Democrats everywhere and In
great number", who hate '. protection,
voted for McKlnley, in order to sup
port the gold standard the bitterest
pill in politics men ever took. It sim
ply was unselfish patriotism. In every
community to this day the names of
these men are remembered. They
saved the country from a financial
and Industrial disaster greater than
any it ever has known.
. It is not possible, nor will it be
.possible, to get a straight Issue be
tween parties, on tariff and pro
tection. The reason Is that It Is
Just what General Hancock was
laughed at for calling It a local
question. It affords no basis, there
fore, for division of parties on Na
tional lines. The solid South has a
lot of Important products for which
It wants and will have protection, and
soma of the strongest Democratic dis
tricts in the North are firmest and
steadiest in sending Democrats to
Congress. On the whole' there . are
more free-traders or low-tariff men
in the Democratic party- than in
the Republican; but It is impossible
to bring about any close or clear di
vision of parties on this, subject for
protection or against it. There was
some approach to such division in
1892, among the people, but it did
not have Its effect In Congress; for in
that body Democratic protectionists
held full Bway. Every great interest,
on change of parties, shifts at once to
the side of power. Protection, there
fore, is not a question on which par
ties will clearly and sharply divide.
It is not a Republican principle,
therefore; ho more is free trade a
Democratic principle. The real Issue
between the great parties of the coun
try remains what it ever has been,
namely, tho difference between two
opposing Interpretations of the right
ful powers - of government; between
the policy and the. measures neces
sary for efficient central government,
and the policy and measures of op
position to It. It Is, in fact, the line
of distinction between all parties In
free government.
BATH THE STREETS.
A great many .unfair and unreason
able propositions are annually sub
mitted to the people of this city, and
in the past, to bur lasting regret and
cost, " many of them have slipped
through the Council like logs adown a
well-greased skid. But there are very
few of these schemes of the past that
for effrontery excel the present at
tempt of Inman, Poulsen & Co. to
seoure possession of a large number
of streets In East Portland. For fully
ten years this rich and powerful cor-,
poratlon has been using for Its pri
vate business an area of more than
400,000 square feet of property owned
by the city. Some of this property
lies low in gulches and sloughs, and
Inman, Poulsen & Co. have used it as
a dumping ground for thousands of
cords of slabwood and refuse from
the mill, which ought to have been
available at low cost to the people of
the city for fuel.
A few weeks ago one member of
the firm testified under oafh at
Washington that the profits of the
firm for the past five years had
reached the enormous sum of J 1,000,
000. With such a showing as this it
seems doubly ridiculous for a moment
to entertain any suggestion permitting
them to have any further use of this
city, property. How much of this
enormous profit Is due to the free use
of more than 400,000 square feet of
city streets? By what peculiar line
of reasoning can we arrive at any
excuse for granting to a rich firm free
use of our streets, without extending
the same favor to -some other corpo
rations or to small taxpayers?
The city's birthright of waterfront,
streets and franchises has nearly aU
been frittered away for less than the
proverbial ' "mess of pottage," and,
now that we have reached a point
where we can get a very accurate
view of what we have lost, there is
no incentive to give away the little
that Is left.
AN OLD COMPLAINT.
Long ago a greater than Mr. E. M.
Rowley enlarged upon the theme
which he discusses in his letter to
The Oregonlan. The letter is print
ed today In another place, but the
reader will peruse It in vain for any
new light upon Shakespeare's old
problem. "Plate1 sin with gold," said
Lear, in his passionate accusation of
society, "and the strong lance of jus
tice hurtless breaks; arm It in rags,
a pygmy's straw will pierce them."
Mr. Rowley presents but a repetition
of a world-old complaint. His in
stance is modern, but not new. ' Since
time began the petty thief has been
punished out of proportion to his
crime and the gilded plunderer of the
poor has sat in the seats of the
mighty with a halo over his head.
The starving man who stole some
tools to sell for bread waa sent to the
penitentiary for eighteen months. The
banker who accepted the poor
widow's portion knowing that he
could never return it is probably In
little danger of imprisonment even
for eighteen days. The contrast, is
striking.
It would be interesting to have seen
how the man who stole the tools
would have fared had he gone to
work with them instead of selling
them. Perhaps his industrious pro
clivity - would have assuaged the
"wrath of justice in some degree, and
perhaps it would not. But very like
ly this phase of the discussion is fu
tile for the reason that the poor fel
low could not have found a job. So
be It, then. Let us pass on to an
other phase. For Mr. Rowley's com
fort we recall the undeniable truth
that, however unequally distributed
justice may be between rich and poor
today, it is much more fairly parceled
out than it was a century ago; infi
nitely more fairly than it was five
centuries ago.
Although our laws and the machin
ery of justice are more or less tainted
with bias for riches, the taint grows
less noticeable every day. The prog
ress toward impartiality is so rapid
' that we can observe it In comparing
two successive decades. Ten years
ago Judge Landls' exemplary sentence
upon the Standard Oil Compaty
would have been unthinkable. Even
today It excites astonishment in the
opulent offender and the courageous
judge is covered with calumny by the
powerful criminal he has dared to
punish. Still, the triumphant fact re
mains that one court at least has ac
tually handled a mighty corporation
exactly as a poor thief would have
been handled. Is there not hope in
this fact that after a while, perhaps
a long while, the Indigent scalawag
and the rich banker will stand side
by side at the bar of Justice and that
they will also receive the same treat
ment from high society? May we not
actually expect a day when it will no
longer be good form in select circles
to uphold millionaire thieves and re
vile their prosecutors?
We think oar contributor manifests
excessive regret that the number of
imprisoned bankers is small. Has it
occurred to him that most bankers
are honest? The mere fact of their
being bankers is not sufficient to war
rant their, imprisonment. The law
insists upon soma overt act. If the.
insistence is strained in comparison
with wljat is asked in the case of a
poor man, there is reason to hope
that things will be better some time
and we can all hasten the coming of
the good timo by voting for honest
prosecuting officers- and upright legis
lators, i .
THE PUTNAM CASE AGAIN.
The Oregonian has received a copy
of Judge Hanna's charge to the jury
in the Putnam libel case, and candor
demands the admission that it con
tains no evidence of premeditated un
fairness. That it does contain, how
ever, a disastrous misconception of
the law seems fairly obvious. The i
statutes of Oregon declare unequivo
cally that In all actions for criminal
libel the truth may be offered In evi
dence. Mr. Putnam was prosecuted
for criminal libel and he was forbid
den by the trial Judge to offer the
truth in evidence. . These are the
plain facts of the case.
The cause originated from Mr. Put
nam's published charge that the
grand jury of Jackson County ought
to have indicted a oertaln Barnum
for murderous assault, but failed to
do so. He stated the matter in such
a way as to imply that the. Jury and
the Prosecuting Attorney must' have
been corruptly negligent of their
duty. In the prosecution for criminal
libel which ensued, Mr. Putnam de
sired to show that the assault was
really murderous and to raise the In
ference that the grand jury, with the
facts before them, could not have
failed to Indict Barnum unless they
were corrupt. Judge Hanna for
bade Mr. Putnam to prove this. He
ruled that the grand Jury had already
determined the truth about the as
sault, and that this "truth" was all
that could be offered in evidence. Mr.
Putnam could not go behind their
verdict. He could introduce nothing
to show that they were mistaken;
nothing to show that their mistake
was so egregious as to amount in it
self to proof of corruption. "The fact
whether or not Barnum was guilty of
an assault was a fact to be deter
mined by the grand Jury. They are
presumed to have determined the
matter rightly." These are Judge
Hanna's own words. He says also
that "the law presumes official acts
to have been legally and regularly
performed. No libelous publication
is Justified under the law. which
makes such a charge against a grand
Jury unless the charge against the
grand Jury be not only proved, but is
shown," etc. And again, "The law
presumes official duty to have been
regularly performed, and therefore
presumes that" Mr. Putnam's "charge
against the grand jury or State's At
torney is untrue. This presumption
is sufficient to make it necessary" for
Mr. Putnam "to prove both the truth
of the charge and his good motive."
Clearly Judge Hanna meant to in
struct the Jury that the law makes a
conclusive presumption that the ver
dict of a grand jury is correct. If
the presumption Is not conclusive.
then evidence may be. offered to. rebut
it; but Judge Hanna would admit no
such evidence. The Inference is un
avoidable. Now the law of Oregon
does presume that the verdict of a
grand Jury is correct; but it does not
make the presumption conclusive.
The Oregon code enumerates seven
conclusive presumptions, but the ver
dict of a grand Jury is not among
them. It adds that any other pre
sumption shall also be conclusive
"which by the Btatute is expressly
made conclusive," but nowhere does
the law of Oregon expressly make
the verdict of a grand jury . conclu
sive. On the contrary, the law says
that all other presumptions besides
the seven are disputable and may be
controverted by evidence; and among
the disputable presumptions 1b ex
pressly enumerated the one which
Judge Hanna ruled could not be dis
puted, "that official duty has been
regularly performed."
This ruling was clearly erroneous;
and it led the trial judge Into another
error quite as -disastrous. He pro
ceeded to infer that the law presumed
Mr. Putnam's charge, against the
grand jury to be untrue. This, of
course, amounted to instructing the
jury that the law presumed Mr. Put
nam to be guilty. This could not
have been possible. The law makes
no such presumption in a criminal
case. The defendant is always pre
sumed to be innocent until he is
proved guilt;-. For the purposes of
the libel case against Mr. Putnam the
law made no presumption whatever
concerning the truth or falsity of the
grand Jury's verdict. It did assume
that the grand jury had acted law
fully; but it went no farther. It could
not have gone farther without violat
ing the great fundamental presump
tion of Mr. Putnam's Innocence.
Judge Hanna must have . been
aware of the absurdity of telling Mr.
Putnam he must prove the . truth of
his charges against the grand Jury
and In the same breath forbidding
him to prove them if he could; for
this placed the defendant in a dilem
ma from which he could not possibly
escape. The whole difficulty arose
from the judge's neglect of the dlo-
tinction thatthe presumption of law
in favor of the correctness of the
grand Jury's verdict is disputable and
not conclusive.
JAPAN'S TREMENDOUS HANDICAP.
In connection with all of the ru
mors and sensational stories placed In
circulation since the Japan war talk
started, it is a noticeable fact that
neither money, stocks nor any line of
business has been in the slightest de
gree affected by the alleged strained
relations between the two countries.
This feature of the situation becomes
all the more noticeable when it is re-
j called that political disturbances of
the past, both at home and in other
countries, have almost . invariably
made their presence felt In the money
and stock markets In this country.
In the utter indifference shown by the
business world to the alleged Japan
ese war scare is a most encouraging
sign that the possibilities of war are
quite remote. The business element
in this country has kept In much
closer touch with conditions in Japan
than have the people who are mak
ing dire predictions of war. This is
especially true of the Pacific Coast
business men who have personal rep
resentatives throughout tho Orient.
They know that a country so close
to the verge of bankruptcy that it has
great difficulty in paying bills for the
bare necessaries of life, is not at all
anxious to break into war with the
richest country on earth. The finan
cial as well as the physical condition
of Japan when she emerged from the
conflict with Russia was so "groggy"
that she has been wobbling -aver since.
and her most far-seeing statesmen do
not want war because, in her present
poverty-stricken condition, Japan
cannot afford war. The country is
staggering today under a war debt "so"
onerous that it is crushing the people,
and, on top of that awful debt, there
have come extravagant' expenditures
for armament, a profligate system of
ship subsidy, and other reckless in
dulgences In exploitation in which the
cost was out of all proportion to the
benefits.
The Nippon Empire has built up a
moderately large merchant marine
an.d navy, and her arsenals and navy-
yards are still busy; but In securing
this prestige she has been obliged to
lay such burdens on her own people
that starvation threatens to kill pa
triotism, and food riots and civil war
may require the attention of her war
riors before they go beyond the seas
in search of trouble. At a Cabinet
meeting held in Toklo, in November,
a proposal to increase the tax on
sugar, oil and tobacco was made, al
though these staples' were already
carrying a very heavy war tax. But
the feeling of unrest and dissatisfac
tion among the taxpayers was so pro
nounced that this was abandoned and
retrenchment in certain branches of
the War Department recommended as
a substitute.
In such poverty-stricken conditions
and with her credit so Impaired that
the last loan launched could not be
floated In London, it would seem that
the only safe policy for Japan for
many years would b ona of quiet,
economical endeavor again to get on
a firm financial footing. War at this
time would be suicidal and Japan will
undoubtedly pocket her pride. If It
has been hurt, and refrain from any
undue display of hostility.- Until our
neighbor across the Pacific finds it
easier to secure funds for flour, lum
ber and other actual necessities of
life, there will not be much uneasi
ness in business circles over the pros
pect for war.
It is now proposed to use the gyro
scope as an instrument to prevent the
rolling of ships at sea or on the Great
Lakes. As every one knows, the
gyroscope is a heavy and rapidly re
volving, wheel the center of whose
axis is the center of gravity of the
machine. The principle upon which
it operates is that unless gravity .in
tervenes the wheel will not change
the direction in which its axis
points. The chief practical use which
has been suggested for the machine
is that of maintaining a one-rail car
in an upright position. Now, accord
ing to the report of the United States
Vice-Consul at Newcastle, the ma
chine is being used by steamship com
panies engaged In traffic across the
English Channel. The gyroscope is
Installed in a ship and hung upon a
frame which can oscillate, though the
oscillation Is controlled by a strong
brake. By this means the rolling mo
tion of the ship is practically elimi
nated. Apparently the use of the
gyroscope is suggested for only the
smaller ships, which roll when heavy
seas are encountered.
It Is only tn recent years that tie
Chinese have adopted butter as in
article of food, but its use Is rapidly
growing. This fact gives promise of
an ever-extending market for Pacific
Coast butter, provided the Coast pro
duces enough to supply the home de
mand and leave some for export. But
ter, wrapped In oilad paper, sells in
China for about 50 cents a pound. A
few years ago America furnished a
large proportion of the butter for the
Chinese market, but the trade from
this country has been gradually de
creasing, while Australia gets the
benefit of the change. Better ship
ping facilities has had a great deal
to do with the shifting of the place of
purchase, though it is also likely that
the high price obtainable at home has
been an important factor in cutting
off the exports to China. This assur
ance remains, however, that the Chi
nese market is open to us, and that if
there should be a tendency to over
production here on the CoastT which
is unlikely for some years yet, there
would be a ready means of disposing
of the surplus. -
The powers that be apparently in
tend keeping a closer "Watch on the
Rhine" In the second act of the Ber
lin scandal, for the court-martial trial
of Count von Hohenaus and Lynau is
to be conducted with' the greatest se
crecy, the courtroom being cleared as
soon as the charges were read, and
will not be opened again until a ver
dict is reached. This policy may pre
vent the public airing of a lot of dis
gusting details, but It will not serve
to convince the respectable element
In Germany that some of the pristoo
racy has not been reveling in an at
mosphere of filth.
It seems to The Oregonlan that At
torney Smith needn't apologize for
the judge nor try to excuse himself
for the decision in the. Putnam case.
The attorney who uses ' the word
"suspicion" as a verb ought not to ex
pect to win. But perhaps Mr. Smith
came from a state which has no law
for compulsory education.
Seats have been provided for 14,000
people at the National Democratic
Convention hall. This, of course,
does not necessarily mean that there
are that many Democrats in the coun
try, for there will be a "right smart
sprinkling" of Republican seatholders
on hand for the fun. .
J. Laurence Laughlln, professor of
political economy at the University of
Chicago, calls Roosevelt a "flashy
bluffer." With no Intent to provoke
a controversy with so learned a man,
It may be asked of him to point out
any one who has "called" one of the
President's "bluffs."
Bryan talked to the Kentucky
Democrats at Frankfort "behind
closed doors." Later . in the game he
will probably wish that he had dis
cussed public ownership of railroads
and a few other' theories behind
closed doors or In the deaf and dumb
language. .
The Hon. Leslie M. Shaw says he
may shy his castor . In the political
ring. Wonder how many men who
can tell you details of every big fight
since Corbett whipped Sullivan are
able to translate the Iowa statesman'
language.
At a meeting - of Democratic lead
ers In Multnomah County this week,
eighteen N"warhorses" were present,
showing an increase of nearly 5 per
cent In the past two years.
DOOLEY FEARS NOT HARD TIMES
Bat He Favors the Relief of Sev
eral Distressed Millionaires.
"Mr. Dooley" in the American Magazine.
"If hard times come ye'll nlver notice
thim. That's one good thing about th'
station in life to which we have been
called an' locked up without bail. Our
peeryods iv hard times are broken now
an' thin be more hard times. Just as
soon as we begin to tire lv hard times
with too much work, we hare worse
hard times with less work.
"What diff'rence does it make to 'ye
how far ye move forward, if ivrything
else moves forward ahead iv ye? Now,
es thin, 3re are chasin' th wlllow-th'- i
wisp iv good groceries. As ye begin to j
retreat they coma back, but there s nlver
a day whin ye can reach out an' sieze
thim. Th' dinner pail is always full,
but not full tv angel cake. Don't ye be
throubled be th" end iv prosperity. Ye
have nawthin' to fear fr'm hard times
that ye haven't suffered durtn th'
peeryod so charmingly described In th'
Thanksgivln' Day proclamations.
"I've been through manny peeryods iv
hard times; most iv thim I caused mesilf
with me neearyous vote. Two panics I
caused be votin' again th' tariff that
makes xeer wages almost enough higher
to pay fr th' Increased cost iv ye'er
pants. At other times th' oounthry was
brought to roon be th' fear In high
circles that I was goin' to vote again th
tariff again. In eighteen ninety-two, I
managed to land me vote fr a sound.
consarvltrve man. that had nlver shook
his fist at Plerpont Morgan, save in th'
way iv kindness, an' eighteen ninety-
three hard times began. An' 1 cuaaen t
see anny difFrenco in ye. Ye were thrown
oat lv employment more often, but ye
worked less. Ye got leaa money, but
corn beet waa ten dnts a pound. An'
there ye are.
'But before th' winter's over I explct
to see our frlnds th' pluthycrats in a
very bad way. Th' Saint Vincent de
Paul Society win sind riprislntatives to
visit th' homes on th' Lake Shore Dhrive
an' invistigate their condition an' recite
th" number lv childhur livin' in thim.
If anny. Th' llglslachure will appint a
commission that will report five or six
years hence:
' " 'J. D. R. Sixty-five years iv ase:
married; large--fam'ly also married;
capable hard workin' millyonah-e; has
had on'y half time at his thrade since
last year; a very sad case.
" 'X. Y. Z. Retired banker; twinty
three years old. Has completely lost
control iv both his railroads. Fam'ly
obliged to go to Monty Carlo fr th' win
ter. Very courageoui in th' face iv
adversity. Bays lvry man shud do his
part in this moment iv naytlonal disaster
an' eight autymobllls Is enough durin' a
peeryod iv rethrenchmlnt. House In
shocking condition? Eiicthric . ilivator
broken. Ball room not dusted. Cham
pagne corked. This is a very worthy
case. Advise th' state threasury to ad
vance him twinty mlllyon dollars as a
measure lv timpry relief." "
RANCHERS WED THE TEACHERS
Dongclas County, -Wash Confronted
With Grave Educative Problem.
Walla Walla Bulletin.
How to keep the public school sup
plied with competent teachers Is the
greatest problem before the people of
Douglas county. The greater part of the
population is made up of ranchers who
are bachelors, and their winning ways
and prosperous farms prove irresistible
temptations to many of the fair peda
gogues who come into the county.
Within the boundaries of Douglas
County there are 174 school districts. Al
though the attendance in none Is very
large, the teachers get good pay ranging
from $00 to $70 a month. The member
ship of each school "board usually in
cludes one or more bachelors at the start,
but before the end of the term the bene
dicts are in the majority, and then a
search for new teachers must be made.
More trouble than ordinarily has been
encountered this year in getting good
educators for the hopefuls of Douglas
County, with the result that there are
openings for forty women teachers in
the various districts. Some of them have
offered premiums in the way of bonuses,
but the supply does not seem to equal
the demand.
Annual school elections will be held
in all parts of the county In March.
From past experiences, it is expected
that a new lot of teachers will be
chosen, only to deplete the ranks of the
eligible bachelors once more. Because
of this' condition fathers and mothers
dislike to .see the elections come around
because of the dread possibilities in store
for continuing the sessions. School
boards in Douglas County have come to
be regarded as matrimonial bureaus for
the benefit of their bachelor members.
Mrs. Glyn Doeant Reaeh White House.
Washington (D. C.) Dispatch in Philadel
phia Ledger. ''
Mrs. Edlnor Glyn, sometimes called
"the 21-day writer," has left Washing
ton without having gained the ' coveted
distinction of a visit to the White House.
She will return later to reap the harvest
from the letters of introduction with
which, in a week of industry, she has
sowed the Washington field.
It la no secret that the style of litera
ture affected by Mrs. Glyn finds no place
in the Booseveltlan library, but there is
no intimation that any bars' against the
lady herself have been erected at the
White House.
Though the fact that Mrs. Glyn re
ceived no Invitation to the diplomatic re
ception or the musicals given by Mrs.
Roosevelt is admitted by the writer's
friends to havejbeen a disappointment, it
is not taken as an affront, as it does not
appear that any one of official position
at the British Embassy or of dominating
Influence In society asked the courtesy
of a card for her.
Highwaymen Save Victim's I,l(e.
Columbus (O.) Dispatch.
. Highway rohbers near Columbus, O.,
who had beaten and robbed W. A. Fu
mer, when they saw the man unable to
get off the railroad track as a locomo
tive was approaching, ran back and
helped him.
A FEW SQUTBS.
"I eon't know anything; good about that
Jones girl, do your" 'TTeft; but I won't
tell!" Lite.
Magazine Writer to stenographer) Break
np these compounds and cut out the hyphens.
Don't you know I get paid by the word?
Judce.
The public naturally loots for traces of
prusslo acid or ground glass in any financial
medicine Senator Aldricn may prescribe.
Kansas City Star.
He It has been said that a woman can
make a fool of any man. Do yon believe it?
S-he Of course not. The best she can do Is
develop him. Chicago Dally News.
Mrs. Houlihan (sobblne) I never - saw ye
till th' day before me unforchnit marriage.
Ms. Houlihan An' I often wlsht ye hadn't
seen me till th" day atther! Puck.
Woman of the House A big, strong fellow
like vou ought to be willing to work and
earn "his own Uvlns;. Languid Launcelot
That's wot alls me, ma'am. Me muscles at
all right, but ma will tow is all gone.
Chicago Tribune.
Modest request of awakened householder to
burglars Pray don't let me disturb you; but
when you go If It's not troubling yon too
much would you be so very kind as to post
this letterT It must go tonight. It's my bur
glary Insurance. Punch. - ,
"We thought," said the reporter, "you
might care to say something about these
charges against you." "No," replied the
crooked public official; "I bellevs that 'sllenoe
Is golden.' " "Well," replied the reporter,
"perhaps the public might believe It's merely
gilt in this case." Philadelphia Press.
Hiram (In TTew York restaurant, as orches
tra starts) Fer the land's sake. Now, what
d'yon s'pose that band Is piayln' fer In here?
Mandy (sarcastically) My, ain't we green!
Hiram Hubble, you keep right on eatln', an'
when the leader uv fhet outfit passes his hat
around, don't yen give him. a darn penny, er
you'S ossr trom me! Town and Country,
JUDGE HANNA'S LIBEL RULING
Foil Text of His Instructions In the
Pntnam. Case. .'
The Oregonian has received and here
with prints the official stenographic re
port of Judge Hanna's instructions In the
Putnam criminal libel case at Jackson
ville: Gentlemen of the Jury: Under the law
it Is made the duty of the Court to give
the Jury such instructions as should govern
them in their deliberations in the case.
The same law make you the exclusive
Judges of every fact In the case, and of
the credibility of th witnesses testifying
before you.
The defendant la on trial before you un
der this Indictment charged with libel. It
will be necessary for me to read the- in
dictment to you again, although it has
been read in your hearing. It Is entitled
as follows: (Court reads indictment.)
In ordo- to warrant a conviction of the
defendant you must be satisfied of the truth
of each material allegation contained In this
Indictment. The material allegation are
that about the time alleged the publication
was published In the manner set forth and
in the paper set forth and that It was
scandalous f.Vse and scandalous and you
must be satislled of these facts, that it was
false and scandalous and so published, by
the evidence or ty the presumptions of law
that will be given you by the Court, be
fore you can find the defendant guilty as
charged. In ths indictment.
The defendant has Interposed to this in
dictment a slea of not guilty, which Is a
specific denial of each and every allegation.
and h Is also presumed under the law to
be lnnooent of crims until the contrary la
shown.
He has interposed as a defense here the
truth of the publication, olatmtng that the
allegations published were true and
that they were published with a good
motive. These are affirmative matters
that he has endeavored to set up as a de
fense to this Indictment.
Libel la defined under our statute to be
the publication of any false and scandalous
matter against a person with Intent to In
jure or defams such person. Ths word
"scandalous" means such matter as would
defame or be disgraceful to his reputation
or that would bring shame or infamy to
the one referred to..
The natural and probable eonseqnence of
a libelous publication Is to Injure and de
fame, and the law presumes the defend
ant intended the natural consequence of his
acta
You are Instructed that in determining
whether or not the alleged article Is libel
ous, you should and must consider the
whole article published, which contains the
alleged libel, for the purpose of determining
the real meaning of the language contained
In the Indictment to a person- of ordinary
intelligence in the light of the whole article
and the ordinary meaning at the words
used.
The Court Instructs the Jury that the
words alleged to be libelous are to be taken
in the sense that is most natural and ob
vious, and in that sense to which those
"persons to whom the publication should
come would be -most likely to underatand
them. It Is for the jury to determine from
the evidence what is the meaning of the
wolds which are charged in the indictment
to have been published by this d-sfendant.
They are to be constrHed in their plain and
ordinary sense, and are to be taken to mean
what persons of ordinary intelligence would
reasonably take them to mean.
The Court Instructs the Jury that under
the laws of this state. In all criminal pros
ecutions for libel, the truth may be given
In evidence, and if It shall appear to the
jury that the matter charged as libelous la
true, and was published with good motives
and for Justifiable ends, the defendant must
be found not guilty.
The Court instructs the jury that where
tho words charged in the Indictment as
libelous, as capable of two ormore con
structions, that construction which is most
favorable to the lnnoceneo of the accused
must prevail.
The Court Instructs the jury that all fair
criticism of the official acts of the officers
of courts, published in a newspaper, are
privileged publications. But every Injuri
ous publication of and concerning another.
if it contains libelous matter. Is presumed
to have been maliciously made.
You have nothing to do with what
transpired between w. S. Barnum and Dr.
Reddy on December 11. 1907. when It 'i
claimed that Barnum assaulted Reddy. The
fact of whether- or not Barnum was guilty
of an assault was a fact to be determined
by the grand Jury. They are presumed to
have determined the matter rightly. They
are not above criticism for mistake, but a
newspaper has no right to question the
honesty or the motives of the grand jury
unless such criticism is both true and pub
lished with good motives and for Justifiable
ends.
The law reouires the State's Attorney to
retire from the grand Jury room during
the deliberations of that body. He is nor.
permitted to advise the grand Jury whether
to indict or not. In the absence of anr
proof to the contrary the presumption is
that the Deputy District Attorney In the
Barnum investigation ssetlred from th
grand Jury room, and left the matter en
tirely to the consideration of the grand
jury.
The law presumes official acts to have
been legally and regularly performed. The
law makes it the duty or tne state s om
cera to nrosecute all cases of libel, no mat
ter whether the injured party desires a
prosecution or not.
No libelous pubUcatlon Is justified under
the law which makes such an accusation
against the grand Jury, unless the charge
asainst the grand Jury be not only proved,
but Is shown to have been published with
good motives and Justifiable ends.
The law presumes official duty to have
been regularly performed, and therefore
presumes that ouch a charge against the
grand jury or State's Attorney Is untrue.
This presumption is sufficient to make It
necessary for the defendant to both prove
the truth of the charge, and his good mo
tives and Justifiable ends. If he falls In
either, he should be convicted.
Gentlemen: I do not know that I can
say anything more to you In this case. It
Is a matter to be determlnd by you entirely
from the evidence.
A statement of the case, from the
standpoint of the prosecution, la likewise
appended:
The grand Jury investigated the Barnum
ease as fairly as in their judgment they
were able, and examined all of the wit
nesses of which they had knowledge, ex
cept one Oswald West, railroad commis
sioner, who had promised to come before
them when wanted, but when the hearing
was had the grand Jury was unable to
reach Mr. West. This, five of the grand
Jurors testified to on the trial of Putnam,
and they further testified that they Inves
tigated the matter fairly and in their best
Judgment returned not a true bill. It ap
pearing to the grand Jury upon all of the
evidence before it that the alleged murder
ous assault lacked both ingredients mur
derous and assault and was merely a
street fracas. Mr. West testified on the
trial of Putnam that be made a mistake
in dates and was at Nyssa. in Eastern Ore
gon, and did not receive the telegram sent
by 'the grand Jury's direction to him at
Balem. . .
On defense. Mr. Putnam was allowed to
and did testify in his own behalf that he'
witnessed the fracas between Barnum and
Reddy. that he testified before the grand
Jury to what he saw and that he told
them who the eye-witnesses were, himself
and Mr. West. Ho also' testified that the
assault was murderous and an outrage
and In his opinion the grand Jury was
wrong in finding not a true bill tn the mat
ter Then he sought to produce other wit
nesses, whom he claimed were eye-witnesses
to the assault (notwithstanding the fact
that he had already stated in his paper
that there were but two) and proposed to
try out the Reddy-Barnum case before the
trial Jury in the Putnam case as a Justifi
cation of his accusation of corrirotlon of
the grand Jury. This "Judge Hanna re
fused to admit, his ruling being to the ef
fect that a trial of that cao before the
trial Jury In the Putnam case would not
In any way substantiate th charge of
corruption against the grand Jury It at
most would indicate that the grand Jury
was mistaken. If -th trial jury did not
agree with them. If Putnam had offered
any evidence tending to show that the
grand jury acted from impure motives In
any particular. Judge ' Hanna announced
that he would gladly permit It to be
shown. But merely to show the trial Jury
other and different evidence from that
which was brought before the grand Jury
he would not admit.
The charge against Putnam waa 'That
the said George Putnam on. to-wit. the
19th day of December. 190T. in the County
of Jackson. State of Oregon, then and
there being did then and there wilfully
publish by means other than by words
orally spoken, to-wit. by printed matter
in a newspaper called th Medford Daily
Tribune, then and there of general clrcu
uation in said county, the following false
and scandalous matter of and concern
ing Wallace Woods. Joel Hartley. J. R.
Roblson. C. H. VaupeU Adam 6chmit. T.
5. pottlnger and J. L. Garvin, then and
there composing the grand Jury for said
county and C. L. Reamee then and there
deputy prosecuting attorney representing
the Btate of Oregon, in said matter be
fore said grand Jury, to-wit: Th grand
Jury is composed of the following men, Wal
lace Woods. JoeV Hartley. J. R. Roblson.
C. H. Vaupel. Adam Bchmlt. T. B. Pot
tlnger and J. L. Garvin. It took them Just
OXE THING AND ANOTHER
A lot of men who play poker wouldn't :
find as much pleasure in the game if it '
was in the Ten Commandments.
. .
A French newspaper says that "oc
casionally" Count Boni de Castellans uses !
profanity. Perhaps the Count hopes that :
if he makes a noise like a man Anna will
pick him out of the discard.
e
Oregon is awaiting with interest the
second round in the Bourne-Fulton battle
over Christian Schuebel. ' Bristol sti'.' ,
holds the sack and Is ready to take th?
count.
.
"Marry and kiss in moderation," says ,
a woman lecturer. The male world is still '
wondering what she calls "marrying in
moderation."
A scientist has discovered a way to
transplant arteries fr8m an animal to a
human being. All this does not help the
fellow who has money in a defunct bank.
Oregon Democrats seem to think the :
Republicans should be defeated every
time now because they are accustomed
to it
It will soon be the time of the year
when that wise collection of men whose
wisdom has kept them from buying wild
cat mining stock, can bet on the election.
The Montgomery Herald wants to know
If there is anything more uninteresting .
"than to listen to one end of a telephone
conversation." Listening to a prospective
candidate tell of his qualifications for
office.
My idea of a good bluff Is a 11S
pound man who sings bass.
Man is a creature of environment.
Caruso gets $3000 a night for singing oa
the stage of the Metropolitan Opera
House. If he sang .on the street he
would probably get $10 for disturbing
the peace.
The poet's reference to "the cold chaste
stars" does not necessarily anply to tho
theatrical profession.
Almost every man should have a few
alibis filed away for future reference.
In the long run you. will usually And ;
that although skepticism is the hare, i
there Is a tortoise called faith which,
wins the race.
The Wagner music, they say, was in-1
vented to drown the yelling of the baby !
In the flat below. '
I
The spirit having moved Mrs. Wood-
cock one Sunday, she attended divine j
services in the First Presbyterian Church
and took a seat as near Mr. Ross as '
she could get. When the plate was
passed up to her, she yelled: "Pass that
thing over to Ross; he's got all my
money." Subsequently art a prayer meet
ing the devout lady aforesaid was heard
praying in powerful tones: "The Lord
giveth and Ross taketh away."
LAW OX WOMEN AND SALOONS.
No Female May Remain in and Abont
Wnere Liquor Is' Sold.
PORTLAND, Or., Jan. 22. (To the
T7-,J J . TT...U- . j 1 . 1- I . . ,
uiiAiui, Mariiig iiuieu wiiu inimical ;
the action of the City Council in draft- '
lng a drastic ordinance that shall keep j
women out of the saloons, and noting ;
the age of the unfortunate girl, Hazel
Noland, would It not be well to call
attention to the fact that there already !
exists a law that at least covers the 1
Noland case? Would it not be a perti- I
nent question to ask the Council why :
this law Is not enforced? The law '
reads as follows:
S. B. 2G7. Any person permitting a female ;
under 21 years of age to remain in or about ,
a place where liquor is sold, or selling or j
giving liquor to such female, is subject to ;
a fine of $100 to $1000; provided that this act ;
shall not apply to a female accompanied by I
her husband or parent, or to any open publto
restaurant or dining-room. Approved, Feb
ruary 21, 1907.
That it might be of great service j
to the cause of morality to keep all I
women out of the saloons, no one would '
surely question, but it occurs to some I
of us that it might be well to Insert a J
clause in that drastic ordinance that
will allow a wife to enter when In ;
search of a husband whose wages were !
sadly needed at home, and whom it '
was of very great importance to re- 1 .
move from the saloon, before he i
reached a state that would make him i
a menace to that home. !
It ie certainly a problem that may '
well occupy the public mind why a !
place la unfit, unsafe, for the women, !
the mothers, and yet there is the right
to license the place as lit for the men, f
the fathers. L. H. A.
Poor Men and Juatioe. . j
PORTLAND, Or., Jan. 22. (To the'
Editor.) In The Oregonlan Sunday I
notice that W. A. Speer, who wa hun- j
gry and out of .work, stole some car-
penter tools to sell for food. Hie sen
tence was 18 months in the peniten- j
tlary. To show the difference, a cer-
tain "bank" In this city deliberately I
took J2000 of a poor woman's insurance i
money that she had Just received from ;
her husband's policy just before the
bank closed, and there it ie. She is '
In destitute circumstances, not a dol-'
lar to do with. Question is, will they!
sentence those officials to the peniten-
tlary, or will they not escape on some :
flaw in the papers, simply because they
are aoclety people and men of "high :
standing"? Whose was the worse!
crime? Let a poor man steal $1, and
then for the-rockpile; but you scarcely i
ever hear of bankers being sent to the ,
rockpile for "theft." E. M. ROWLEY.
Shakespeare Notwithstanding.
Louisville Courler--Journal.
"Is there anything in a name?" In
quired the man with mouse-colored
whiskers. "You can bet there is. Name
a boy Stuveysant or Van Renssalaer or;
Qouverneur, and he'll hold anything but!
a first-class Job. Nobody will ever dare'
ask him to swab windows or mop floors.
And by the time he's 40 he'll be head of
a trust company and director In 27 promi
nent concerns. Oh, yes. there's a heap
in a name, lemme tell you."
Mamma Up to Date. (
' Chicago Journal.
"Oh, mother, may I go on the stager
"Oh, yesv my darling daughter;
Hang your clothes and be the rage,
And fetch horns steel trust 'water." "
15 minutes to Indict a friendless horsethlaf. '.
a poor old woman and a penniless forger. '
They spent three day on the Barnum
cane and then justified the murderous as-
eault. Deputy District Attorney Reames
la a most relentless prosecutor when a man .
drops a nickel in the slot machine, or
take drink on Sunday or a poor fallen
ceature Is caught sinning. Such heinous
crimes must be runlshed. . They are dan-;
gerous at once to lite and limb. But any '
one can try to brain a man with an axe ,
and secure Immunity .from th blindfolded ;
representative -of Justice." Then follows'
the allegation that, such publication was
false and Intended to Injure and derazr.e
ths grand jury members and C. L. Reames. i