Morning Oregonian., May 13, 1908, Page 8, Image 8

TTTn MOT?vING ORKGOXTAN. WEDNESDAY, MAY 13, lyqs.
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PORTLAND, WEDNESDAY, MAY 13. 1908.
THE BILL FOR FREE PASSES.
One measure enacted by the recent
Legislature is properly "held up" by
the referendum. This, is the compul
sory pass bill. Every member of the
Legislature who voted for it ought to
be ashamed of the act; It proposes
to make it necessary for the transpor- I
tatlon companies of the state to grant
passes to all the state and district offi
cers in Oregon, to members of the
Legislative Assembly, to Judges of the
Supreme, Circuit and County Courts,
and to the Sheriffs of all the counties.
All these are to have passes, during
their terms of office, from all transpor
tation companies that file petitions for
right of way, or right to cross or to
connect with any other railway, or
to appropriate materials for construc
tion of course on payment therefor.
The first section, or preamble, is a
miserable fiction or subterfuge, invent
ed for the purpose of compelling free
passes to officials, on pretense that
such act is necessary for exercise of
the state's power to control or regulate
corporations. But since it is so shame
less an act, it is scarcely unfit that a
false excuse should be assumed as the
basis of it.
The people decreed the abolition of
the, free pass system because it was a
source of general injustice to them,
and a source especially of corruption
of politics and of public officials. Po
litical managers could get parses prac
tically without limit for themselves
and for their workers, and business
men who had the proper influence
could get advantages through passes
over others who had it not. But
greatest of all the evils was that of
issuing passes to members of the Leg
islature and to their retainers and
friends. It not only had an influence
not always silent, either over mem
bers dealing with matters in which
corporate interests were concerned,
but' filled the lobbies of the Capitol
with persons for whora members had
solicited passes. On legislation the
effect had long been apparent. Mem
bers of the Legislature, officials of
every grade, politicians, rooters and
lobbyists were riding the year round
all over the state. It was not merely
a public scandal, hut was extremely
Injurious to the public welfare. By
command of the people it was stopped,
whereupon the Legislature invented an
excuse for Us re-enactment, for their
own benefit, and for that of most other
officials thus continuing the main
abuse which it had been the purpose
of the state to suppress.
The passes, let it be observed, are
not to be limited to the forty days of
the session, during which there might
be some occasion for the members to
travel on official business, but which
the state in any event will pay for as
part of the expenses of the session.
The passes are to run during the
whole term of the members, and of
course will be used by them for their
personal convenience and profit, for
the entire two years. To all the other
officials the act carries the same favor.
But when an official travels upon the
business of the state, the expense is in
variably charged up to the state under
the general laws; and the members of
the Legislature have their constitu
tional fee of $3 for every twenty miles
of travel, going to and returning from
the seat of government.
A most effective analysis of this act,
and argument against it, have been
published by the executive committee
of Oregon State Grange. "Corpora
tions," the committee say, "are not
supposed to give something for noth
ing." To members of the Legislature
the remark especially applies. Also,
say the committee, "The 'condemna
tion' clause is only a flimsy excuse to
legalize the giving of passes." There
positively. ought not to be a single vote
in Oregon in favor of upholding this
shameless act. The wonder is the Pres
ident of the Senate and the Speaker
of the House should have had the har
dihood or "forgetfulness" to sign it.
The Governor Chamberlain is enti
tled, to the credit of vetoing it; but
both houses carried it over his veto,
and now It is again before the people
for their final judgment.
It is one of the few of the proposi
tions on the list that may be easily un
derstood; though it is not fully or
clearly stated in the form on the bal
lot. Here is the form:
For an act requiring railroads and other
common carriers to grant free transportation
to slate officers' and County Judges and
Sheriff, aa a condition precedent to acquiring
land for corporate purposes by the exercise
of eminent domain, and to prohibit the pay
ment of mileage for such free transportation.
Vote YES or NO.
The statement may really confuse
the subject, unless the elector shall
give it special attention. The propo
sition before the elector is simply this:
"Free Passes for Officials Yes or No."
PERSONAL LIBERTY AND PUBLIC WEI'
FARE.
The American Brewer's Review is a
recognized Journal of the liquor trade.
It declares that the individual liberty
and personal freedom argument,
against the right to sell and buy
liquors, has lost much of its old force
and seems destined to lose more, since
"considerations of the public welfare
are carrying us from the age of Indi
vidualism into that of .collectivism."
In other words, "there is an evident
and apparently inevitable tendency
more and more to subordinate individ
ual freedom to the larger interests of
the community." This, doubtless, is a
correct observation. The ' tendency
towards an all-round socialistic view
is obvious here, es in a multitude of
other ways. The same writer says
that the economic side of the subject
that is, the extent of the business and
its relation to the public revenues
will not long furnish an argument
against restriction and prohibition.
What, then, can? Only the conviction
that destruction of the trade and the
commodity would be in the Jong run in
consistent with the moral and social
publicwelfare. But is not that very con
viction, namely, that the social and
moral public welfare does require ex
tinction of the business, assumed as
the basis of the whole movement for
prohibition?
Yet it remains to be said that effort
in the direction of moral reform sel
dom reaches Its full logical ultimate.
Restriction of the liquor trade is not
prohibition of it. Certain it is that
prohibitionists themselves do not think
prohibition practicable as a general
policy; else they would push It in the
large cities, as elsewhere. They do
not deem it practicable in Portland
as a whole, else they would not con
tent themselves with pushing it in the
outskirts, where Indeed the trade Is
wanted little, if at all. Few men are
consistent with the logic of their com
mon or occasional action. They will
vote for prohibition in the suburbs,
where their homes are, but will not in
sist upon it, indeed do not want it, in
the sections where their business is;
and so they would vote against county
prohibition, and, for the greater rea
son, against state prohibition. Again,
many who have joined in forbidding
the trade in' their own counties would
not vote for prohibition as a state
measure or policy.
Perhaps It is this trait of human na
ture that the American Brewers' Re
view thinks about, when it talks of ap
peal to judgment on the larger social
and moral aspects of the question.
Certain it is that if the liquor trade is
not to be annihilated, it will be be
cause they who will not have liquors
sold in their own localities will not
join in prohibition of sale in the entire
state.
THE COSPET, OF GOOD FARMING.
In no other realm in the broad
world of industry is the truth of the
declaration. "Old things have passed
away, behold all things have become
new," more distinctly verified than in
the domain of agriculture. In truth
farming of the plodding, haphazard,
hit-and-miss type is rapidly passing,
and in its place farming with a reason
for every step taken, every crop
planted, is as rapidly coming to the
front.
Formerly it was the. man of dreamy,
occult science who "wanted to know."
The farmer thought he knew already,
and when-fand, worn out from long
cropping to wheat or timothy Or clover
or potatoes or corn, refused to return
a profit to the- cultivator, he patient,
untutored man found reason for his
wasted effort in the belief that the cli
mate had changed, and, hoping for
more favorable weather next year, he
gathered his meager crops into his
barn, sold the small surplus, plowed
his fields again and reseeded them
with the same wheat that they had so
grudgingly given him the year before.
But all this, or much of it, is of the
past, and in due time, owing to prac
tical, intelligent means of disseminat
ing information about soils, rotation
of crops, etc., the farmer will, in due
time, know his business and prosper
in the knowledge thereof.
The . demonstration railway train,
such as the O. R. & N. Railway Com
pany is now running through Eastern
Oregon, is not new in the Middle West.
For several years past farmers from
the corn fields and orchards and
meadows of Iowa, from the dairy
farms of Wisconsin and Michigan, and
from the wheat fields of "Kansas, have
flocked from far and near to greet the
demonstration trains sent out by the
railroads to inspect products that
have literally been evolved from the
soil by intelligent farming, and to lis
ten to men who accompanied the
trains to tell how the wonderful re
sults were attained. The attendance
upon agricultural colleges has been
substantially increased by this means,
and farmers' institutes, to which men
and women of all sections and ages
flock for instruction, have sprung up
as the result of the encouragement
that has been given by National and
state departments of agriculture to
this oldest of Industries.
This is practical science, supple
mented by an enthusiasm that is con
tagious and by farming that pays.
N'o more blind following of the plow,
nor doubtful scattering of the seed,
nor" wistful hoping for an unusually
favorable season, nor helpless anxiety
of the farmer .
Ieat on the threshing floor
His hopeful sheaves prove chaff.
If certain conditions of feeding the
soil, of rotation of crops and of care
ful cultivation are . secured, there is
practically no doubt of the returns
.from agriculture la this state within
the radius of its assured rainfall, while
in the semi-arid districts the same
certainty of satisfactory returns for
the intelligent effort is assured, contin
gent upon irrigation. Farmers are
coming to know this, just as horticul
turists have come to know that with
intelligent selection, planting and
treatment of orchards the returns in
first-class fruit are certain, whether
the orchards are located in the Hood
River, the Rogue River or the Wil
lamette Valley, or in the irrigated
valleys of Eastern Oregon.
Coming close to Nature, men have
studied and learned to understand her.
T?iey no longer run furrows on her
face with a plow, scratch it with a
harrow, scatter seed3 in the wounds
and sit down divided between hope
and doubt as to the returns that will
follow their blind though, vigorous on
slaught. So far as they have learned
her ways and conformed their effort
to meet them they have been rewarded
with harvest abundance.
A BAD WAY.
From Salem, Or., comes a story
which seems to show that the capital
of this state retains some at least of
the characteristics of a backwoods vil
lage. The tale runs that a socialist
orator who began to make a speech
on the street corner was silenced by a
shower of eggs. We do not imagine
that this speaker had anything very
valuable to say, but he was either
breaking the law or he was not. If he
had permission to speak on the street
it was an act of sheer rowdyism to
break up his meeting by mob violence.
If he had no permission, then it was
the business of the police, and not of
the rowdies, to silence him.
No doubt the persons who threw the
eggs thought they were aiding the
cause of property and government by
their action, but we earnestly assure
them they were mistaken. This Gov
ernment is strong enough and good
enough to endure all reasonable criti
cism which the socialists or anybody
else may see reason to direct against
it. The United States is not afraid to
hear the truth about itself, and the
rowdy who silences criticism by throw
ing eggs is no friend to law and order.
Moreover, the only protection prop
erty or "capital" has in this country
is respect for the law. Destroy this
respect and the last barrier is removed
which fends off spoliation. The rowdy
who assaults a speaker on the street
shows much less respect for the law
than does the socialist who criticises
existing institutions. After all, the so
cialist employs nothing but words, and
unless what he says is based upon fact
and reason. It will fall without effect.
Since the American people can read
and think for themselves, they are in
little danger of being misled by the
logic of socialists .or anybody else
But the rowdy who throws eggs at a
speaker defies decency and order. He
is a practical anarchist. He demon
strates by his conduct that he cares
nothing for the law and prefers the
rule of mob violence and ruffianly pas
sion. Intolerance of views which dif
fer from the majority usually lingers
in country towns and remote hamlets
long after It has disappeared from
centers of civilization. It is a sign of
sound citizenship to listen patiently to
all sides of a question and oppose false
opinions by reason rather than vio
lence. MB. HUUHES AND THE GAMBLERS.
There is an article in the constitu
tion of New York which declares that
gambling ought not to exist anywhere
in the state and orders the Legislature
to abolish it. All state constitutions
contain similar orders either about
gambling or the location of public in
stitutions or something else, but they
are usually rather futile because there
is no way to make the Legislature obey
them unless it wishes. A Legislature
cannot be indicted and sent to prison
for disregarding the constitution. If
it passes laws which the constitution
forbids, of course the courts can annul
them; but if it refuses to pass laws
which the constitution demands, what
are you going to do about it? The
only remedy Is to elect another Legis
lature and another, and so on indefi
nitely until one is obtained which will
do its duty. In case one is never found
willing to obey orders, the orders will
never be obeyed. This is one of the
many beauties of representative gov
ernment. In New York up to the present time
it has never been possible to elect a
Legislature that would obey orders.
Rut that is not quite correct, either.
The Legislature was quite willing to
take orders from its bosses, but not to
follow the constitution. In this it did
not differ much from other Legisla
tures. Upon the whole, the New York Leg
islature obeyed the constitution pretty
well. It made gambling illegal every
where in the suite except upon race
courses. Here betting was not out
lawed because certain wealthy inter
ests throve and grew fat upon It.
These interests gave themselves a fine
name, "Tlfe Horsebreeders' 'Associa
tion," and covered their greed with
the customary cloak of lofty Inten
tions. They said they lived and died
for the sole purpose of improving the
breed of farm horses in New York; that
they cared nothing whatever for sor
did pelf, but were consumed with a
burning zeal for the good of the tillers
of the soil. Hence . their gambling
business at the races was really a piece
of self-abnegating charity which ought
not to be interfered with. For a due
consideration successive Legislatures
agreed with them. Nobody seemed to
care much for the edict of the consti
tution, and for many years the mil
lionaire gamblers flourished in peace
and replenished their pockets with
that serenity of soul which nothing
but a good conscience can produce.
Then Governor Hughes appeared
upon the arena. The Governor is one of
the most irritating figures in American
politics because he is an iconoclast.
The established system of government
does not satisfy him. He is forever
trying to innovate upon the good old
ways. In the established system the
gambling and other syndicated inter
ests rule the people through the flun
kies and rascals in the Legislature.
Mr. Hughes has always insisted that
the Legislature ought to make laws for
the whole state instead of for a privi
leged class, and that, above all, the
constitution ought to be obeyed. In
pursuance of these astonishing princi
ples he has. urged the New York Leg
islature to pass one law after another
for the public good alone. Of course
the Legislature has always declined to
do so. Mr. Hughes has then Invaria
bly taken the revolutionary step of ap
pealing to the voters. He has gone
from one end of the state to the other,
met the people in great public gather
ings, stated, the case to them and re
turned to Albany with a mandate
which the flunkies and rascals dared
not disobey.
In this way he forced the insurance
laws through the Legislature, the law
for the public-service commission
also. It is a kind of clumsy, indirect
and slow but fairly efficient referen
dum. When the will of the people is
brought squarely before the legislators
it usually frightens them. The flun
kies forego for the moment their in
bred devotion to the millionaires while
the rascals do not dare to stay bought.
Mr. Hughes is now applying this awk
ward referendum method to his aritl
racetrack gambling bill. It failed in
the State Senate by just one vote. At
the critical moment Senator Cassidy
received an order from his boss to
vote against the bill, and naturally he
had to obey. His vote defeated it.
Now the Governor has gone to the
people. He has traversed the entire
state, spoken in the large cities, and
laid the question before the voters
asking them whether they wished the
Legislature to follow the constitution
or the gamblers. The answer has been
unmistakable,, and at the special ses
sion which is soon to convene Mr.
Hughes will again present his anti
gambling bill,, backed by ftie unani
mous mandate of the people of the
state. There is little danger that the
mandate will be disobeyed. This
method of using the referendum works
very well so long as New York has a
Governor like Mr. Hughes; but sup
pose It had the other kind? Suppose
the Governor were a man like the late
lamented Mr. Higglns? It Is greatly
to be feared that the constitution
would go a-gllmmerlng as of yore,
while the millionaire gamblers would
continue to dominate the Legislature.
A special business edition of the
Baltimore American was recently is
sued under the head "Seven Hundred
Thousand Baltimore," indicating the
near approach of that city in popula-'
tion to the mark set. Baltimore was
not a rapid grower In its early years.
From a population In 1790 of only
13,503, it had barely climbed in 1840
half a century later Into the 100,000
class. The census of 1890 showed for
the first time half a million of people
to the credit of Baltimore, and today,
according to figures furnished by this
business edition, the population of the
new-old city is 680,810 only about
19,000 short of the goal set by the
American for Greater Baltimore. That
newspaper is 135 years old. During
all these years it has been a potent
factor in the city's growth In com
merce, industry, wealth and influence.
The special issue contains forty pages
and is the largest business Issue of a
newspaper ever published in the
South.
Frequently it occurs that court de
cisions vary so widely from the plain
intention of makers of constitutions
that there is doubt as to the thorough
ness of the education of the judges in
the use of the English language. This
doubt must arise when a court de
clares that a provision of the funda
mental law means something different
from what it says and what everybody
else understands it to say. But courts
sometimes take judicial knowledge of
the exact meaning of language even
though not couched in expressions
commonly found in law dictionaries.
For example, it recently became neces
sary for the Nevada Supreme Court
to decide what an injured man meant
when he said "I am all in." The
court decided that the man who used
this expression meant that in his opin
ion his life was practically at an end.
The decision will be generally com
mended as correct.
At North Platte yesterday Admiral
Evans, at the call of the people, hob
bled to the rear end of the car and
made this short though mighty speech:
We will always have war as long aa we
have anything worth while to tight over, and
the more battleships and the fewer States
men we have, the longer we will have peace.
That was enough. It just did the
business. The way R'obley Evans puts
things reminds one of the brief, sen
tentious and pregnant sayings of U. S.
Grant. Elaboration of a speech like
that delivered at North Platte would
spoil it.
There seems to be a concerted effort
on the part, of a number, more or less,
of murderous thugs to exterminate the
pawnbrokers and junk dealers of this
city. The leading feature of each of
the three attacks upon the lives of
men of this vocation within little more
than a week is their unexampled bru
tality and boldness. Perhaps the law
of suggestion is at work here. How
ever this may be, there is a similarity
in these crimes and in the business of
the men who have been struck down
that is startling.
Salem has a Methodist minister who
looks like Taft. As everybody knows,
Portland has a minister. Bishop Bark
ley, of the United Brethren Church,
who bears a very striking resemblance
to Bryan. Now if these two can be in
duced to stump the state In behalf of
the candidates they resemble in per
sonal appearance, perhaps we can
imagine that we are the center and
circumference of the National cam
paign. Mr. Manning is criticised for engag
ing special counsel to help him convict
Banker Ross. But successful prose
cutors universally have assistants.
Heney is an example. The Attorney
General of the United States is an
other. Mr. Cameron thinks, if elected
Prosecuting Attorney, he will never
need special counsel. Then he will
surpass the achievements of any of the
big prosecutors.
Oswald West thinks they have a
rather tame style of conducting iand
f ran 4 trials in Washington. .He is an
Oregonian and expected too much
from the effete East. Perhaps he ex
pected Easterners to show .the same
energy and Industry in prosecuting
land thieves that the Eastern thieves
display in grabbing Western lands.
The Astorian is very severe on those
fishermen who take salmon at the
Cascades and Dalles. Justly so, no
doubt. But it seems to every impar
tial observer that too many are taken
in the loer rivpr and about Astoria.
The proportion of those taken above
must be as 100 to 1.
That public official is wise in his
policies who, when defeated In his un
dertakings by other officials who op
pose him, can confidently appeal to
the people for indorsement of his acts
or recommendations.
FIGURES AS AMERICAN DREYFUS
Cause of Colonel W. V. Stewart Dubbed
"Temperamentally Impossible."
Washington. D. C, Dispatch to the
Brooklyn. N. Y., Eagle.
The curious and somewhat mysterious
case of Colonel William F. Stewart of the
Artillery Corps may become the subject
of a congressional investigation, if not a
court of inquiry. Members of the Sen
ate, both Democratic and Republican,
have become interested in his case and
have taken steps to determine whether,
as alleged, he Is the subject of perscu
tion and is figuring as an Amrlcan Drey
fus, as some of his friends contend.
Just now Colonel Stewart Is on his way
from Fort Francis Barracks. Florida, to
an abandoned army post in Arizona, sur
rounded by cactus plants, where he will
have a command consisting of one soldier
dying of consumption. The officer has
been assigned to this isolated point be
cause he refuses to apply for retirement,
as Instructed to do by War Department
officials. Senator Rayner. of Maryland,
has written a letter to. the President pro
testing against the department's harsh
treatment of Colonel Stewart and urging
that the latter's request for a court of
inquiry be granted.
An air of mystery surrounds this un
usual case. Seekers for information aa
to the exact reason for the War Depart
ment's desiring to force Stewart onto tha
retired list obtain unsatisfactory replies
to their requests at the department. The
officials there do not care to discuss the
matter, giving as their excuse the fact
that it Is under -'consideration by the
President. No attempt is made to hide
the fact that the department has official
ly sought to force Stewart to retire, and
that his assignment to a command not
suitable for a second lieutenant is the
result of his determination to remain on
the active list until forced off by opera
tion of law.
From hints and unofficial admissions
by administration officials, it appears
that the War Department regards Colonel
Stewart as "temperamentally impossible."
It is sa'id that officers and enlisted men
find it next to impossible to get along
with him; that he is "cantankerous," as
one Republican Senator was informed at
the department. It Is not alleged that he
has violated the regulations in any re
spect, or that he is guilty of an offense
which would warrant punishment. Ap
parently the department has resorted to
the "exile policy" as a means of getting
rid of an officer deemed to be "undesir
able." The first attempt to force Colonel Stew
art off the active list was made some
time ago. Republican Senators assert
that they have seen a letter from the
War Department to Colonel Stewart ask
ing him to apply for retirement. It is as
serted by the same Senators that Stew
art's reply was thaftle would be willing
to retire if promoted to be a Brigadier
General. It is the- custom of the de
partment in arranging matters of this
sort to retire an officer at the rank higher
than the grade occupied at the time of
applying for retirement. In tnis case,
however, it was proposed to force Stewart
to retire as a Colonel. The latter refused
to cut off his pay and allowances 25 per
cent, merely to please the department of
ficials, and said he would serve until
reaching the legal retirement age of 62
in 1911. M
Republican Senators declare further
that a letter from the Department exists
warning Stewart that if he did not retire
he would be sent to an abandoned Army
post In the deserts of Arizona. This
threat was carried out and for an ex
tended period Stewart was on duty at
Fort Grant. Arizona, with a command, it
Is said, of one soldier afflicted with tu
burculosis. A few weeks ago he was or
dered to a comfortable post at St.' Augus
tine, Florida. The Florida Congressmen
had other plans for filling this assign
ment and at their request the War De-
pertment the other day, ordered colonel
Stewart to return to the cactus plants of
Arizona, to which point he is now pro
ceeding. Colonel Stewart has Influential friends
In Congress and they hae instituted an
inquiry into his treatment. Mrs. Stewart
Is related to the late Senator Pinkney
Whyte, of Maryland, and Senator Rayner
of that state, is championing the officer's
cause. Senator Rayner drafted a resolu
tion the other day providing for the ap
pointment of a committee to investigate
the affair. The President, it is said,
heard of this and invited Senator Rayner
to come to the White House and talk the
matter over with him. As a result of
this conference Rayner decided to with
hold his resolution for an investigation.
, Colonel Stewart has made formal ap
plication to the President for a court of
Inquiry to determine whether he has been
guilty of an offense sufficient to warrant
the punishment to which he has been
subjected. It seems that an official re
port exists in th Department condemning
him on certain grounds and recommend
ing that he be "retained" at Fort Grant
until he can be compulsorily retired In
1911. It is stated that Colonel Stewart
has had no opportunity to confront his
accusers or to defend himself and that he
has not even been furnished with a tran
script of the record in the case.
Senator Rayner in his letter to the
President, urged that Colonel Stewart's
request for a court of Inquiry be granted.
If the President refuses to order this
court it is likely that the matter will be
taken up t the Senate. Some of the
antl-Roosevelt Republican Senators have
become interested and are waiting to see
what the administration's course is to be.
Senator Rayner takes the position that
Colonel Stewart is entitled to a court of
inquiry under the articles of war and
that to refuse such a request is not only
unjust, but of questionable legality. In
his letter to the President the Maryland
Senator cited the Schley case as one of
a number of precedents to support Col
onel Stewart's request.
The strongest and clearest precedent
for forcing an Inquiry of this sort is the
action of Congress of 1874 in passing a
joint resolution railing for a special
court of Inquiry for General Oliver O.
Howard, a distinguished veteran of the
Civil War, to fully investigate charges
in a communication from the Secretary
of War to the Speaker of the House in
the Winter of 1873-1874 in connection
with the closing up of the affairs of the
Freedmen's Bureau, of which General
Howard had charge.
Serious charges were made affecting
the character and standing of General
Howard. Under the Army regulations the
President had power to order a court of
inquiry. General Howard was anxious
that such an inquiry should be held. He
had been placed under a cloud and was
anxious to vindicate himself. The Attorney-General
gave an opinion express
ing doubt as to whether General Howard
could be court-martialed even if such a
court should determine that he was at
fault,' because the statute of limitations
had run.
The Senate took the view that the
statute of limitations had nothing to
do with the matter; that General, How
ard was a gallant officer, whose record
had been Impugned, and that he ought
to have the right of confronting his ac
cusers and such evidence as they might
be able to produce. Men like Roscoe
Conkling, Allen Q. Thurman. John Sher
man, John A. Logan, Lot M. Morrill, of
Maine, Charles Sumner and others took
the lead in the debate in the Senate in
Insisting upon the passage of the joint
resolution which had come from the
House of Representatives: and the court
of inquiry was ordered. It sat in Wash
ington. The result was a complete vin
dication of General Howard.
Aa If You Owned a Touring; Car.
Ohio State Journal.
Another advantage the gasoline sham
poo has over all competitors Is that It
makes you smell as if you owned a tour
ing car.
CURBING LOWER FEDERAL JUDGES
New Bill Asked to Preeat Their Nulli
fying; State Laws.
Springfield (Mass.) Republican.
The bill reported unanimously from
the Senate judiciary committee, re-J
striding the powers of he lower Fed
eral judges In suspending or nullifying
state laws, ought to be enacted. It
does, not deny to these courts their
equity jurisdiction in such cases. But
it does undertake to deny to single
Federal judges, sent out from Wash
ington on a life tenure of office, the
right to elevate themselves at will
into a power overshadowing that of a
whole state. If the bill attempted to
take away from the lower Federal
Judiciary all power to suspend the
operation of state laws when Federal
questions are raised, its constitution
ality might be seriously questioned.
But when it goes only so far as to re
quire three lower court judges to sit
in such cases and give notice and
grant a hearing with direct appeal to
the United States Supreme Court from
the ensuing judgment, there can at
least he no more question of Its consti
tutionality than of a somewhat similar
provision contained In the recent rail
road rate law in relation to the rate
orders of the Interstate Commerce
Commission.
This is the answer which the law
yers of the Senate committee. Repub
licans and Democrats alike, would
make to the recent decision of the
United States Supreme Court sustain
ing the performances of lower Federal
Judges in their off-hand, ex-parte sus
pension of state laws and state judi
cial processes at the snap of the finger
of some corporation doing business in
the state. It is the answer which Con
gress should and doubtless will make;
for even that political party which has
stood for the enhancement of the Na
tional powtr as against that of the
states, is beginning to feel that cen
tralizing tendencies in the Government
of the United States are going too far,
while the other party promises to
make a direct and strong issue of the
matter in the coming elections.
Something indeed might well he done
to force Into the state courts these
preliminary suits to test the Federal
constitutionality of state enactments,
where such suits used to go In ;tho
days of the republic prior to the war
amendments of the Constitution.
When a corporation instead runs off
to a Federal court, it insults the courts
of the state where it is doing business
and pays no compliment to the Federal
Judge appealed to; for it In effect
assumes that justice cannot be had in
the one court, and that possibly some
thing more than justice can be had in
the other.
But the bill reported to the Senate,
If enacted, might have some Influence
in this desired direction of restoring to
the state courts that position of great
er dignity and importance generally
held by them, respecting state legisla
tion in relation to the Federal Consti
tution, throughout the life of the re
public down to within snout 40 years.
If this should not prove to be the case,
the more effective device may finally
be Insisted on of absolutely denying to
the lower Federal courts Jurisdiction
in such cases.
A JUDGMENT OF AMERICA.
Nowhere Are the Sign of Youth, but
Everywhere Old Ar.
Charles Whibley has been publishing in
Blackwood's a series of studies on Amor
ica. In his final paper he makes these
remarks, which certainly are well done,
whether one thinks them sufficiently dis
criminating or not. Or are they whimsical
and paradoxical? Any way, they are
Worth reading:
Ai ha tthe traveler) leaves the shores of
America he forgets for the moment her love
of money and of boodle, he forgets her
suoorb energy tnd hunger for life, he for
gets the exquisite taste shown by the most
delicately refined of her citizens. He re
members, most vividly that- he is saying
good-bv to the oldest land on earth. It is
an irony of experience that the Inhabitants
of the United States are wont to describe
themselves aa a young people. They delight
to excuse their extravagances on the ground
of youth. When they grow older (they teli
you) they will take another view of politics
and or conduct. Ana tne truin is- mat om
age long ago overtook them. America Is
pot. never was, young. She si. rang
ready-made, from the head of a Pilgrim
father, the oldest of God's creatures. Being
an old man's daughter, she has escaped the
virtues and vices of an Irresponsible child
hood. In the primUlve history of the land
her ancestors took no part. They did not
play with flint knives and set up dolmens
where New York now stands. They did not
adorn themselves with woad and feathers.
The Prince Albert coat (or its equivalent)
was always more appropriate to their am
bition, in vain you will search the United
Slates for the signs of youth. Wherever
you cast your eye you will find the signal
proofs of an eager, grasping age. Youth
loiters and is glad, listening to the songs
of bird, wondering at the flowers which
carpet the mrailow and recking not of the
morrow. America is grave and in a hurry
Race Horse Loves the Democrats.
St. Louis Dispatch to Cincinnati En
quirer. Jim Chessen, of Alton, and his fa
mous stallion, Chessen .Wilkes, sire of
many fine race horses, have just met
for the first time In three years. Ches
sen taught the horse many tricks, and
they were boon companions. Three
years ago Chessen went to England,
leaving the horse with John Perklnson
at West Alton. Yesterday Chessen
went into the field where the stallion
Is kept. Seeing his old master, the
horse ran to him and laid his head
on Chessen's shoulder.
Chessen asked the horse if he was a
Republican, and the heels of the stal
lion were turned on the owner, but
when Chessen yelled "Hurrah for the
Democrats" he again laid his head on
his shoulder.
The horse is one of the finest in 1111.
nois and Missouri, and is known over
the two states by horsemen.
Optlmlatic To- the End.
Philadelphia Ledger.
Some time ago there was a flood
ii
Western Pennsylvania. An old fellow
who had lost nearly everything he pos
sessea was sitting on the roof of tl
house as it floated along when a boat a
preached.
"Hello, John."
"Hello, Dave."
"Are your fowls all washed awa
John?"
he
"Yes. but the ducks can swim," repll
lied
tne oia man.
"Apple trees gone?"
"Well, they said the crop would be
failure, nnvhnw "
"I see the flood's away above your
window." -"That's
alright, Dave. Them winders
neeaea wasnm , anyhow.
Tlie School Child Up to Date.
From I,lfe.
Make haste to school, ' my little child,
Or else you will be late;
Your books are all aseeptlc now.
And here's your sterile slate.
Your pencil has been boiled an hour
Tls germless. now, I hope;
And don't forget to wash your desk
With this carbolic soap.
And lest about the schoolroom floor
Some unseen microbes lurk.
Just sprinkle formaline around
Before you set to work.
You'd better put. for safety's sake,
Bichloride In the ink;
And water that has not been boiled
You must not dare to drink.
Of course, when recess comes around,
Some food you'll want to munch;
So in this disinfected box
Is predtgested lunch.
And since 'tis said that in a kiss
Bacteria may dwell,
I may not give you, as I'd like,
A mother's fond farewell.
Initiative and Referendum
Measures
For the Information of voters there will
be published on this page rrom day to day
brief summaries of the initiative and refer
endum measures to be submitted to the
people at the June election, together with a
short statement of the arguments for and
against each. '
NUMBER 11.
The ' "Open-Town" I'ropowil.
The proposed constitutional amendment
giving cities and towns exclusive concioi
of theaters, race tracks, poolrooms, bowl
ing alleys, billiard-halls and the sale of
liquor on Sunday is a measure which has
aroused considerable discussion and will
probably be the center of a vigorous con
test at the election in June. The pro
posed amendment affects section 2 of ar
ticle 11 of the constitution, prescribing tne
manner ol creating municipal corporations
and fixing their powers. The section as it
stands now reserves to the people of every
city the exclusive power to adopt, repeal
or amend their city charters, subject to
tiie constitution and criminal laws of the
state. The proposed amendment leaves
out the limitation "subject to the con
stitution and criminal laws of the state"
and further provides that cities shall have
"exclusive power to license, regulate, con
trol, tax, suppress or prohibit theaters,
race tracks, poolrooms, bowling alleys,
billiard-halls, and the sale of liquors sub
ject to the local option law of the state."
This limitation as to the local option law
would not prevent the opening of saloons
on Sunday.
It is generally known and conceded that
the purpose of the amendment is to t
each town decide for itself whether it
shall be a "wide open" town or not, re
gardless of the constitution and the crim
inal laws of the state. The amendment
was proposed by petitions circulated un
der the direction of J. F. Redely, Mayor
of Medford, who also filed an argument
In support of it, urging that each city
should govern -its own local affairs.
Against the measure the Portland Muni
cipal Association and the Oregon Antl
Saloon League have Med arguments, as
serting that, while the amendment pre
tends to obtain practical homo rule for
.cities, its real purpose is to suspend the
criminal laws of the state as to certain
practices in cities. Say the opponents of
the measure, "The proposed unicndment
would undermine the supremacy of the
state. It would create an authority within
municipal bounds independent of and in
many cases opposed to the authority of
the state. It is essentially vicious and
anarchistic in its tendency. There can
be no doubt that the petition for the en
actment of the proposed amendment had
its origin among those who are intent
upon exploiting the vices of city life for
their own profit, and who care little or
nothing for the integrity of the state and
the moral welfare of its citizens." The
arguments against the amendment are
thus summarized;
It is a saloon measure intended to in
'.tiimch the saloon and nullify the loc-.l
option law.
It makes the cities principalities, inde
pendent of the criminal laws and police
powers of the county and state.
It ' assumes for the city independence
from the county, yet does not propose
to provide for expense of vice and crime
to be borne by cities alone.
It Is a violent reversion of the entire
structure of our government.
THIRSTIER SINCE LIQUOR FIGHT
Spread of Prohibition Sera Uncle Sam
Drink More Than Ever.
Chicago Journal.
In spite of the admitted spread of
temperance sentiment, in spite of the.
vast areas that have been added to Pro
hibition territory, and In the face of
a tremendous crusade that has swept
the South and extended Into the Middle
AVest, Uncle Sam is thirstier than ever.
This startling discrepancy is shown by
a statistical report just issued by the
Department of Commerce and Labor.
This shows that in 1907 Uncle Sam
drank 28S.716.857 more gallons of beer
than In 1905. 22.679.U1 more gallons of
wine and 19,214.787 more gallons of
whisky. Practically the same propor
tionate increase in the National thirst
has been going on since 1880. In 1907
the consumption per capita of wines
and liquors was 23.53 gallons.' In 1905
it was 20.38 gallons per capita.
In other words, the united citizen of
the United States consumed 3.15 more
gallons of wines and liquors in 1907
than in 1905. And this in spite of the
remarkable campaign of the Prohibi
tionists. The report shows that the average
consumption of Intoxicating liquors has
doubled since 1882. The thirst of the
American people has come very close
to increasing an average of. one gallon
per capita a year.
In 1870 the consumption of wines and
liquors was only 7.7 gallons. In 1880
the average person was drinking lo.fts
gallons; in 1890. 15.53 gallons; in !), 17. 6S
gallons.
The total consumption of wines and
liquors in 1907 was 2.019.690.9U gallons,
against 1,874.321.388 in VMt, an increase of
145.369,523. The increase of IlKXi's consump
tion was 325.610,775. Of the total consump
tion 57,738,818 gallons wore wines. 1,821,
867,627 gallons were malt liquors and 110.
0S4.436 gallons were distilled spirits.
In 1907 the average person drank .67 gal
lons of wine, 21.23 gallons of beer and 1.6!
gallons of whisky.
There are many causes for the in
creased consumption of liquors. Brewers
and manufacturers spend larger forttinoa
for advertising every year. Since 188) an
average of,1.00,000 foreigners, a larse per
cent of whom were heavy liquor consum
ers, came into the country each year.
The number of amusement parks adjacent
to large cities, at which liquors are dis
pensed, has doubled in five years.
In the ' Bryan C'laaa.
Boston Herald.
The statement that Alton' B. Parker
will be the first defeated Democratic can
didate for the Presidency ever chosen as
a delegate to a subsequent Democratic
National Convention seems to be open lr
correction in that a delegate by the namo
of William Jennings Bryan was a dHo
gate to the Democratic convention four
years ago. This puts Parker in the Bryan
class.
' A TrXW EQC1BS.
"Do you ever buy poetry?" "Well. T did
buy a copy of Tennyson om;e." admitted the
editor. Philadelphia Ledger.
"Well, what's on the blll-of-fare today?"
Inquired the genial drummer. "Reg pahdon,
sah Ah guess dey's flyspecks. Ah'll git yo
anudder, sah." Judge.
European scientists are discussing tha
question whether there can be life without
mind. Why don't they examine the Demo
cratic party? New York Evening Post.
"Did you ask that man wny he paid rent
instead of owning his owm home?" asked
one real estate agent. "Yes," answered tha
other. "He said he didn't. He kept mov
ing." Washington Star.
Borus (struggling author) That last
hook of mine agreeably surprised you. did
It? I am glad to hear that. Naggus (literary
editor) Yes. I expected to devote an entire
evening to reading it. It put me to sleep
In five- minutes, old fellow. Chicago
Tribune.
"G whiz!" said George for the 20th time,
"it makes me mad every time 1 think of i:k
$1) I lost today, t actually feel as if I'd
like to have somebody kick me." "By the
way. George." said the dea- girl dreamily,
"don't you think you'd better speak to
father this evening?" Philadelphia rreaa.