Morning Oregonian., July 02, 1908, Page 8, Image 8

THE MORXING OREGONIAN, THURSDAY, JTTLY 2, I90S.
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PORTLAXD, IHIRHDAV, JULY 2. 1908.
THE rSJCNCMON.
The effort of political parties to
satisfy the demands of leaders of la
bor organizations and their allies, on
the subject of injunctions, raises ques
tions exceedingly difficult to handle; so
much so that no politician can see" hl3
way through them, on any plan that
will satisfy those on the one hand who
demand that there shall be no injunc
tion at all that can have force and
effect, and on the other those who in
alst that government shall not sit Idly
by and see property destroyed, busi
ness ruined and workmen maltreated
or killed, by others who are resolved
not to permit work and business to
proceed except on terms of their own
dictation. Yet the injunction, as a
means of restraining persons whose
action, though destructive of property
and business, may not become actually
criminal, either under statute or com
mon law, is liable to abuse. Within
these limits there is extremely close
ground of debate. Injunction is want
ed as a means of keeping the peace
and protecting property. It is resisted
because such restraint is not wanted,
and because, moreover, violation of
the restraining order may be punish
able as contempt, without trial by
Jury.
All parties ought to agree that the
policy that is reasonable in such a dis
pute ought to prevail. The dispute,
however, will continue on differences
las to what is reasonable. Strikes
never can be unlawful. That was set
tled very long ago. The whole mod
ern trouble arises from injuries al
leged or feared against property or
business, from those who try to pre
vent continuation of the business or
operation of the property through em
ployes not members of the labor or
ganizations. Professor Stimson, of Harvard Uni
versity, author of many works on the
Telatlons of the law to modern indus
trial conditions, and an authority also
'on, the labor side of the whole ques
tion, through his "Handbook of Labor
Law of the United States," has just
published a treatise on "The Law of
Federal and State Constitutions," to
gether with an historical study of
their principles, a chronological sur
vey of English social legislation, from
which our own has been mainly de
prived, and a comparative digest of the
constitutions of our forty-six states,
.especially with reference to this gen
eral subject. Our Congress, he shows,
Adopted the full English practice in
the first judiciary act (1789); and the
Constitution Itself expressly provides
4hat Federal judicial power shall ap
ply to all cases In law and equity.
The common law sounds only in
damages, and Injunction is strictly and
wholly an equity proceeding. But it
dates far back In our ancestral his
tory almost to the time of the Nor
man conquest. It was used in early
times to quell disorder, but its use to
control the action of bodies of men in
labor disputes began perhaps forty
.years ago, and has had vast extension
in the United States, as Professor
Stimson shows, due not only to the
prevalence of labor disputes and the
activity of organized labor, but still
more to the inefficiency In many parts
of the country of the local courts and
the state police; most of all to our
state and Federal system and the fact
that the Constitution gives the Federal
courts jurisdiction for suits between
citizens of different states, as railroad,
mining and manufacturing Industry is
with us carried on almost entirely by
corporations. Frequently chartered
in other states than where the troubles
occurred, it was a convenient thing for
the corporation which feared preju
dice in the local courts, or distrusted
their strength or- the strength of the
Jocal police to enforce their orders, to
go into the Federal courts and obtain
Injunctions for the enforcement of
which they could depend in the last
Tesort on the authority or the United
States. This, however, to an extent,
has been contrary to the English rule,
as pursued in later times. The Eng
lish practice quit the older precedents,
but ours has not; just as we stuck to
eld theories of the relations of King
and Parliament after the English
Revolution had changed them, and as
our own Revolutionary War and the
separation from the mother country
grew out of the fact that the changes
in our old home had not been carried
into our new one. .
Injunction, in the sense in which it
is now discussed in our politics, is pre
vention, not remedy. How far it will
be sustained, in this function, is yet
uncertain. The right to a temporary
Injunction formerly always rested upon
.the inadequacy of a remedy at law and
the irreparable injury to the property
belonging to the person asking for the
writ. But prosecution for crime calls
for a Jury: yet the allegation is that
punishment for contempt proceedings
is gradually taking the place of pun
ishment for crime. The whole sub
ject Is one of delicacy and difficulty;
lor extremely thin partitions divide
rights on one side from protection and
Justice on the other.
Yet the controversy must settle to
a basis of even and proportional right
and justice. Property and business
and non-union labor must have jus
tlce; organized labor, a3 a body, and
the individuals composing the body,
must have freedom of action, and even
balance of Justice in the settlement of
the contention. But it reaches far and
wide. In the Debs case the United
States had a property interest in the
mails, and the stoppage of trains
would injure this property right, and
would also be an interference with
interstate commerce. Obstruction of
the mails and a conspiracy against In
terstate commerce is a crime. It was
also held that the receivers of a rail
road company actually may enjoin
their employes for refusing to haul
cars, or from even leaving the receiv
ers' employ so as td cripple the road,
or by any device to hinder its opera
tion. The intent to hinder the man
agement of a railroad by the receiver
has been held sufficient to authorize
the issuance of a temporary' injunc
tion. In states where the Legislatures
have enacted public statutes declaring
saloons to be public nuisances, and
their existence and continuance a
crime, injunctions have been issued at
the instance of the state, and the Su
preme Court of the' United States has
sustained them.
It is a subject like many another
that Is drawn into politics, on which
powerful appeal can be made to inter
est, passion and prejudice. Doubtless
it will be "worked to the limit" dur
ing the next few months, by those
whose view of it will be restricted
wholly to one side of it or the other,
without study of or comparison with
the opposite side.
XO SYMPATHY.
A Pendleton paper (East Orego
nlan) says: "The Oregonian is giving
out a lot of maudlin sympathy to
those Republican members of the
Legislature who have signed the State
ment No. 1 pledge, because they will
be forced to vote for a Democrat who
happens to be the people's choice for
United States Senator." But The Ore
gonian is not giving out a lot of maud
lin sympathy, or sympathy of any
kind. Those persons, calling them
selves Republicans, who have been en
trapped into a pledge to vote for a
Democratic Senator, are not worth
sympathy from any quarter. They
have no political principles. It
doesn't hurt them to - profess to be
one thing or another. They are mere
ly mollycoddles of politics. And in
the next place a Democrat is not the
people's choice for United States Sen
ator that is, unless Oregon has be
come Democratic and intends to vote
for Bryan.
The whole thing was a game, a jug
gle, in which "the people's choice"
for Senator was not expressed at all
no matter what anybody may pretend
the contrary; for even those who pre-?
tend the contrary know the pre
tension to be without foundation. But
let it pass. "Statement One Repub
licans" of the Legislature are Demo
crats, to all intents and purposes; and
to hold the respect of anybody, ' of
either party, they must stand for
Bryan. But that doubtless will be
easy to men of accommodating princi
ples. 'With their help and with that
of their supporters, Bryan may carry
Oregon.
But excuse The Oregonian from im
putation of sympathy with men who
allow themselves to be so completely
buncoed in politics. Cake played the
game and brought his own defeat, by
his Insistence on "the' statement" as
the leading principle of the canvass.
He didn't see and couldn't see that the
absurdity would prove his undoing.
Let us have plain speech It is the
only luxury left to man in a world of
humbug, insincerity, claptrap and de
lusion. RECORD YEAR FOR VHK.T.
The greatest year in Portland's his
tory as a grain port closed Tuesday,
with shipments by water reaching a
grand total of approximately 16,000,
000 bushels of wheat and 1,000,000
bushels of barley, while nearly 6,000,
000 bushels additional were represent
ed by the' flour shipments from Port
land. In round numbers this represent
ed nearly 700,000 tons of grain brought
into Portland by the one transporta
tion line now serving the port. This
enormous traffic has all developed
within the past 35 years, a single boat
line supplying ample facilities for han
dling all of the business for several
years after wheatgrowing was com
menced east of the Cascade mountains.
If this enormous amount of grain
could be massed at points along the
river where it could be reached by
boats, it would require the services of
half a dozen of the largest river steam
ers running continuously night and
day for nearly two years to bring it
down to tidewater at Portland.
But this great tonnage has been
moved so easily and quietly that it has
passed through this city en route from
the farms of the Interior to the world's
markets without attracting more than
passing notice. The wheat trade, re
garded apart from the long train of
industries which are so largely de
pendent on it. Is no longer the over
shadowing influence in Portland's
trade that it was many years ago: But
it is the relation. It bears to other lines
of trade v-hich still gives the premier
cereal and Its products pre-eminence
over any other factor In our commer
cial growth. From the first days of
the Industry In the Willamette Valley
the farmers and inland merchants
have purchased, their goods where
their wheat was marketed. The prac.
tice Is still followed in nearly all local
ities tributary to this city.
Our dilatory policy regarding - the
deepening of the channel between
Portland and the sea about twenty
years ago diverted a portion of the
trade of the Inland Empire territory
to Puget Sound, but the country still
tributary to Portland continued to in
crease its output of wheat to such an
extent that all of the Immense busl
ness that has since been drawn to Pu
get Sound ports has not served to cut
down receipts at this port. Unfavor-
able climatic conditions have cut down
the yield of the 1908 crop so that the
output of the Pacific Northwest will
this year be about 25 per cent less
than that of last year. Portland, how
ever, will feel this shortage less than
other ports, for the reason that the
new North Bank line will bring into
direct communication with this port
more than double the amount of terri
tory that is now tributary to Portland.
All of this new trade can be held at
Portland if we do not repeat the mis
take which drove the grain business to
Puget Sound about twenty years ago.
We needed a twenty-five-foot channel
from Portland to the sea at that time.
and our failure to provide it cost us
much of the trade that sought deeper
water. We now have a twenty-six-foot
channel, but we are in greater need of
twenty-eight feet than we were of
twenty-four feet a dozen years ago. The
problem of bringing the traffic down
to Portland over a water-level haul
has been solved, but it is of vital ne
cessity to the port that we place the
river and bar in shape for passing It
on to sea in the same type of carriers
as have easy access to other ports.
With deep water on the bar and river,
we can continue to break records as a
shipping point. Without it we may
witness a repetition of the trade diver
sion of twenty years ago.
HOW MCCH CAN STATE AFFORD?
The Oregonian understands well
enough that loss of the Normal School
at Drain is a serious matter for Drain.
It understands how both the sentiment
and interests of the community in
which such an institution is placed
may be deeply involved. It will be
glad to see -successful any effort to
make the Drain school a local acad
emy or normal school with private
support if the state shall decide to
make no further appropriations there
for. Yet it must commend the action
of the Oregon Board for Normal
Schools in deciding to cut out the in
stitution at Drain, thus limiting such
schools in Oregon to three. We
think it would be wiser and better
for the number to be cut to two. But
that appears to be impossible now. It
may be done later.
The State of Oregon has undertaken
to give the State University $125,000
per year, making $250,000 for the bi
ennial term. At Corvallis there Is an
Agricultural College and experiment
station with more than one thousand
students, twice as many, and more, as
attend at Eugene.- It is safe to expect
that at the next Legislature there will
be a powerful appeal for more gener
ous support of the Corvallis school on
the ground of its growing importance
and the unquestioned value and merit
of its work, and on the ground, too,
that the people of the state, having
displayed a most generous attitude
toward the Oregon University, will de
sire a similar liberality to be shown
towards Corvallis. It will be seen,
therefore, that the people of Oregon,
having undertaken to maintain various
establishments of higher education,
must use judgment and discretion In
apportioning their funds among the
various institutions.
The normal schools are doing good,
no doubt. Twice as many would do
more good. But that is no .reason
why we should have twice as many.
The question is going to be how much
money the state can afford to give all
these institutions. It will be up to the
next Legislature to decide.
Ol'R MED1CTNE MEN.
A physician who hinders the en
forcement of quarantine in cases of
smallpox and diphtheria must be an
interesting specimen. One would think
it might be profitable to put him on
exhibition in a dime museum. It is
almost incredible that creatures of this
sort are to be found in a city like
Portland, but they are here and once
in a while they have a chance to sh6w
how disregardful they are of every-
thing and everybody except number
one. Most people were surprised to
learn from the papers yesterday that
an epidemic of smallpox had existed in
Portland for a couple of months and
that every pupil In one of the public
schools had been exposed to the dis
ease. But they were still more surprised
to learn that this state of affairs had
been caused by the carelessness, tim
idity or greed of certain physicians. It
appears that those who attended the
first few cases diagnosed the disease
Incorrectly, either from ignorance or
some other reason. The patients were
sent back to school with the Infection
still about them and thus before the
pestilence . was stayed some seventy
seven children were 111. Fortunately
there were no deaths, but that was
not the fault of the extraordinary phy
sicians who had the patients in charge,
for they seem to have resisted quar
antine even to the point of breaking
the law and to have conducted the
whole affair like barbarian medicine
men instead of educated doctors. The
epidemic has now been stamped out,
but It was done through the efforts of
the city health officer and against the
opposition of certain local practition
ers. Surely there ought to be some way
to bring to justice men who pose as
physicians and at the same time act
with so little sense of what is right and
decent. Very likely they knew their
duty in the premises, for they hold
state licenses, of course. But is a man
who knows his duty and shirks it any
better than one who sins through Ig
norance? If the state license system
produces fruit of this variety, how
does It benefit the public?
COST OP WASHINGTON" RAILROADS.
The Washington Railroad Commis
sion and the- Washington State Board
of Tax Commissioners have deter
mined the present value of the prop
erty of the Northern Pacific, Great
Northern and O. R. & N. Co., used for
operating purposes within the state, to
be $186,000,000. An assessment for
taxes will be levied on the basis of 60
per cent of this value. In compiling
these figures the Washington Railroad
Commission secured some very Inter
esting data showing the amount ex
pended by the railroad companies in
the state and the cost of reproduction
of the property used for railroad pur
poses. In the case of the Northern
Pacific, which Is credited with a valua
tion of $111,000,000, exclusive of com
mercial, dock and warehouse property,
the cost of reproduction Is given at
$109,959,458.60, compared with $83,
382,722.49 expended In the state to
June 30, 1907. For the three roads the
cost of reproduction determined by
the Railroad Commission is $87,500,
000 less than the figures claimed by
the railroad men.
t If the railroads accept the ruling of
the State Tax Commission and pay
taxes on the 60 per cent valuation,
there will be an enormous increase In
the size of their tax roll. In this re
spect they will hardly be satisfied with
the results of the Railroad CommisT
sion investigation, but the figures are
not all adverse to the railroad interest
If, as shown by the- Railroad Commis
sion figures, there has been such
heavy increase In cost of railroad
building and equipment as is reflected
in the figures showing the cost of re
production, the contention of the rail
roads that advances in rates were Jus
tified would seem to be warranted. In
the case of the Northern Pacific the
commission admits an increase of
more than 30 per cent In the cost of
reproduction as compared with the
amount already expended within the
state. The Railroad Commission has
not yet taken up the matter of sal
aries and other expenses in connection
with the operation of a railroad, but
it la highly probable that there has
been nearly as heavy an increase in
this direction.
It would thus appear that, while the
expenses for taxes may have been in
creased by the finding of the Railroad
Commission, It has Incidentally sun-
ported the contention of the railroads
that changed conditions since some of
the rates now in effect were estab
lished have warranted advances in
rates. It is quite plain that the -rates
were either unreasonably high when
they were established or else they are
now too low, if based on the increased
cost of reproduction and of operation.
The commission is about to take up
the division of the market value of
property used by the railroads for
state and Interstate business, and the
findings in this direction will undoubt
edly have an important bearing on the
present lumber rate contest. Under
the decision in the Nebraska rate case,
the commission cannot take notice, in
considering the returns to the road, of
the profit derived from Interstate
business. Its findings, however, in
connection with those Just completed,
wlUhave an important bearing on the
lumber rate problem. By the time the
courts, the State Commission, the In
terstate Commerce Commission and
the Assessors complete their railroad
investigations, most of the secrets of
the business will undoubtedly be bared
ti the public, and it will be much
easier to determine the merits of the
seemingly unending contests.
Lord Curzon and Viscount Morley
In oratorical outbursts in the House of
Lords yesterday discussed the growing
trouble in India. Lord Curzon held
the opinion that the Japanese victory
over Russia was the principal cause of
the unrest. "That was the triumph of
Asia over Europe," he said, "and the
reverberations of that conflict have
spread like a thunder-clap through the
whispering galleries of Hhe East."
There are other causes, however, and
one of them has been the extravagance
and wastefulness of the English rulers
in India. This same Lord Curzon
was the central figure in the most gor
geous pageant ever seen In that land
of spectacular festivals and entertain
ments. His reception when he became
the "ruling power in India cost the
"poor, benighted heathen" who paid
the taxes more than $250,000 at a time
when thousands were starving to
death. The present unrest in India is
in part a reaping of the whirlwind
which has followed the sowing done
by Curzon and his royal predecessors
In India.
Dr. Davis has explained again what
he Is not going to do when he goes to
Salem. He hasn't said he was going
to vote against Governor Chamberlain.
Certainly not, certainly not. And he
hasn't said that he would vote against
the people's choice, either. Yet it will
be admitted that the doctor has had
a great deal to say, and some of his
utterances sounded Just a trifle as if
he might be a little dolibtful about
what he might or might not do when
he gets to Salem. The doctor is cer
tain that he signed Statement No. 1
and certain that he is going to keep
his pledge. We are glad that some
body Is certain.
Nearly $200,000,000 In semi-annual
dividends and Interest payments was
due In this country yesterday, most of
It from railroads and big industrial
enterprises. This enormous amount of
moneywill be reinforced in a stead
ily increasing stream for many months
as the crop movement expands. Money
seems plentiful both at home and
abroad, and with a restoration of con
fidence which was somewhat badly
shattered a few months ago, there will
be a revival of business that will pene
trate every part of the land. Not
even the uncertainties of the political
contest can serve to stay the return
of good times.
If you were to ponder for an hour
you could not think of more than a
dozen new state laws for which there
is an actual need or demand. Yet
when the next Legislature meets there
probably will be some 300 bills intro
duced. And yet, perhaps the legisla
tors may take an unusual view of
their duties. Possibly they will re
member that the people voted down
the amendment increasing their pay
from $3 to $10 a day and in order
to "get even" they will Introduce only
one-third as many bills and put them
through In about twenty days and
adjourn. Then, again, possibly, they
won't.
If, then, "nobody ought to blame the
Governor for dodging the constitution
a little" in order to draw larger emol
uments, why should any one blame
Secretary of State Dunbar for "dodg
ing the law a little" In grabbing fat
and unlawful fees? Why should any
body blame anybody at all for taking
what he is not entitled to?
The-new-dry towns had a great time
celebrating the new dessicated era.
Today they are wrapping cold towels
around their heads, sending for the
doctor and wondering why man can
be such a fooL The dry period will
not really strike deep until the period
of convalescence sets in.
Something is due the enterprising
and enthusiastic citizens of Denver,
the home of the original 16-to-lers,
for their hospitality and liberality, and
we may look for a ringing declaration
in that forthcoming platform in sup
port of the heaven-born ratio. Sure.
The. Minnesota -. Republicans have
nominated a citizen named Jacobsen
for Governor. Jacobsen ought to run
well with the Norwegians. Evidently
the Republicans don't intend to give
the Minnesota Democrats a chance
this year.
' At Pendleton and other towns there
was a sound of revelry by night. The
Inhabitants hilariously drank up all
the whisky, and hastened to do it be
fore 12 o'clock. The towns will get
over "the wake" in a day or two.
There are times and occasions when
an Indefinite season of rest in a peni
tentiary is looked upon as a positive
pleasure. Take the cases of Murderer
Orchard and Murderer Blodgett, for
example.
Tom Slatt Is not going to be satis
fied until he has Mae Wood safely out
o" the way In jail. Even then It takes
half a dozen people to keep the aged
Tom out of the hands of designing
women.
Judge Gray declines to run for the
Presidential or Vice-Presidential nom
ination on the Democratic ticket. But
that is a long way from declaring that
the judge doesn't want to be Presi
dent. . -
EX-GOVERNOR CKER ON HIS PAY I
Says Other Did It, Too, and the Law
I'pheld Them.
PENDLETON. June 30. (To -the Edi
tor.) In The Oregonian of yesterday you
comment rather caustically in an edi
torial . entitled. "Chamberlain and the
'Others.' " roasting the present Governor
for taking more than the original con
stitutional salary for his services, saying
"he has placed himself in that indefensible
position assumed by ex-Governor Geer.
to which reference has been made in
these columns."
But whether a man's position is inde
fensible or not always depends upon
who is the judge. In 1S96 Mr. Watterson
said Bryan's position on the free coinage
of silver was utterly indefensible, while
Sir. Bryan retorted by saying nothing
could be- more Indefensible than the posi
tion of Mr. Watterson on the same ques
tion. The mere statement that what
one man thinks Is indefensible doesn't
make it so. nor ever did. .
Your assertion that the taking of more I
than $1500 by a Governor of Oregon is
directly in violation of the Constitution
of the state is certainly a little shy of
the fact 'and lacking in sufficient sup
port. In the Constitutional convention on
September 17. 1857, when the question
of salaries was under discussion there
were so many motions made to fix them
at ridiculously low figures that Mr.
Watkinds became disgusted and to throw
ridicule on the efforts in that direction,
offered this resolution:
"Resolved, That in the opinion of this
convention. $12.50 is an ample salary for
the Governor, provided, that after the
good old schoolmaster fashion, he boards
around, and that the committee of the
whole be instructed to .so report, which
resolution was decided in the negative."
But after various sums had been pro
posed and those now in the Constitution
finally agreed upon Mr. Peebles, of Marlon
County, during the afternoon of the same
day. offered this amendment:
"Provided, further. That the salaries
of the Judges shall not be subject to in
crease; and the salaries of the Governor
and Secretary shall never exceed $2000,
nor that of the Treasurer exceed $1200."
This amendment providing that the
salaries of state officers should not be
Increased by the Legislature was de
feated - upon roll call by a vote of 15 for
and 35 against. - .
This one action of the Constitutional
convention alone establishes the fact
that it was intended to leave the matter
with the Legislature.
But within ten minutes after the above
proposed amendment was lost by a vote
of more than two to one Mr. Packwood
moved to amend seotion 1, relating to
salaries of state officers, as follows:
"Strike out all after word 'offices' in
the fifth line and insert the words "nor
shall the pay of any officer in this state
be diminished or increased, except - as
provided for in the first section for the
making of amendments to the Constitu
tion." "
And this, also, was disagreed to, thus
clearly showing that the convention re
fused to say that the salaries of state
officers should not be increased except
by amending the Constitution, leaving the
matter wholly in the hands of the Legis
lature. Judge Reuben P. Boise, who was a
member of that convention and served
longer on the Judiciary of Oregon than
any other man, frequently said it was
the meaning of the framers of the Con
stitution of Oregon that placing the sala
ries of the states officers at $1500 was
merely a guarantee that it should be that
much "the Governor shall have an an
nual salary of $1500." meaning that he
should never have any less.
The extracts from the proceedings of
the Constitutional convention given above
plainly show what was intended and that
the matter was left with the Legislature
to decide, as Judge Boise said and as
every member of the Oregon Supreme
Court for 20 years has said when he ac
cepts nearly twice the amount each year
which the Constitution says shall be the
minimum amount.
Every time a member of the Supreme
Court accepts his quarterly salary he de
livers an opinion to the effect that it is
within the power of the Legislature to
"fix" the salaries of the state officers.
And. in his message to the Legislature
in January, 1899, Governor Lord, in dis
cussing this very question, said:
"Nor is the objection to ;n act di
rectly increasing the salary wf the Gov
ernor of any constitutional weight. It is
entirely within constitutional province of
the Legislature to raise the salary to such
sum as is Just and proper in its Judg
ment, and the best lawyers and Judges
some of whom served In the convention
which framed the Constitution have ex
pressed opinions on this subject with a
unanimity which could not exist if there
were, any doubt of the constitutional
power of the Legislature to do so."
Besides being Governor for four years,
Judfte Lord was on State Supreme Bench
for 16 years and no member of that
august body either before or since, his
connection with it has made a better or
more enviable record as an exponent of
constitutional law.
In view of the facts here stated It
seems that the doctrine that a man is
Justified in doing a thing because "others
have done It" is not necessarily a censur
able one. as you assert. It depends who
"the others" are. When I entered the
Governor's office I found that my pre
decessors there, as well as the Supreme
Court members themselves, had declared
that, in their Judgment, the Legislature
has the unquestioned power to "fix" the
salaries of state officers, and as a set of
"others" who were prominent guides and
counsellors, it appeared they were both
safe and sane.
In fact, it is difficult to do a good
thing, or a bad one, either, in these times
except where some "others" have paved
the way and the last actor is compelled
to follow somebody's suit.
As we jog along through life there are
necessarily a great many good men who
muicaiiy airier irom many other good
men, and that, too, without being grab
bers or grafters. T. T. GEER.
To all this it is only necessary to add
the statement of the Constitution itself.
It is known that the convention was very
juainerenuy reported, and there can be
nothing conclusive In such statements as
those cited from the meager report of the
debates. The salaries of state officers are
fixed by the Constitution. Article XHf.
No one who can read English with under
standing should be unable to construe the
following, to wit:
The Governor shall receive an annual
alary of fifteen hundred dollars. The Sec
retary of State shall receive an annual
salary of fifteen hundred dollars. The
Treasurer of State shall receive an annual
salary of eight hundred dollars. The
judges of the Supreme Court shall each re
ceive an annual salary of two thousand
dollars. They shall receive no fees or per
quisites whatever for the performance of
any duties connected with their respective
offices; and the compensation of officers,
if not fixed by this constitution, shall be
provided by law.
Mr. Geeis excuse or apology that he
took the increased pay because some of
his predecessors had taken it can be no
more valid in his case than in that of
Governor Chamberlain. These state of
fices were not forced on anybody and no
body who sought them, or any of them,
ever made the plea that the salary wasn't
enough and . he expected or hoped to
"dodge the Constitution a little" In order
to get as much money as he thought he
should have. Indeed, Governor Chamber
lain explicitly pledged himself against
"unconstitutional emoluments," and went
right ahead drawing tbem.
The schoolboy excuse that "Bill done
it, too." is no justification for Geer,
Chamberlain or any other Oregon Gov
ernor who has winked at the Constitution
and taken all the money from the treas
ury be 'could get under unconstitutional
laws or the privileges accorded him by
custom.
WHY JfOT HAVE PERFECT ROSES I
Kesleet of Plants by Careless Growers
Threatens All Others.
PORTLAXD, June 30. (To the Editor.)
Portland Is rapidly becoming knownas
the Rose City. She has earned this dis
tinction by years of patient toil on the
part of home-loving and enterprising cltl
jens. Something must now be done to
protect her reputation from the careless
ness of property-owners, who are neglect
ing their plants, allowing them to become
diseased. The lover of the rose who tries
to grow it to perfection has learned by
experience that it must be cultivated,
pruned and sprayed to keep It free from
disease.
I have in mind a beautiful hedge of
roses, choice varieties, well cared for. the
pride and Joy of its owner, now being
exposed to diseased plants on the other
side of the fence. The neglected bushes
are covered with "black spot." This first
attacks the leaves, causes them to wither
and fall, when they are carried by the
wind throughout the neighborhood, scat
tering tms anection Droaacast.
There should be some way of preventing
this carelessness on the part of property-
owners. Better not to have a rose bush
than neglect a sick one. We have a city
ordinance compelling property-owners to
care for vacant lots. Why not something
of this -kind to protect these ornaments
of our city? The proper authority In the
hands of our Park Board might solve the
problem. We need a radical and thorough
cleaning of our city gardens by proper
spraying. During our Rose Carnival the
writer saw beautiful rosebuds upon the
coats of members of the Carnival com
mittee, the foliage of which was blighted
by ugly black spots. If we are to be the
Rose City let us by some means have
perfect roses upon healthy, clean plants.
This- also, applied to other plants and
shrubs and other pests and diseases which
could be handled by the same authorities.
X.
PAID 500,0OO FOR ONE .PAINTING
American Railway Magnate Secures
Van Dyck's Reputed Greatest Worst.
New York Times' London Cable.
I am able to announce on authority that
negotiations have Just been concluded by
which America becomes the home of what
many experts consider Van Dyck's great
est painting. This is the portrait of a
woman with a negro page holding her
train, which is universally recognized to
be the gem of the famous Cattaneo col
lection. With two other Van Dycks of the same
collection it has been purchased by P. A.
B. Widener, of Philadelphia, and -may
ultimately become the property of the
citizens of the Quaker City. For the three
canvases Mr. Widener paid a tremendous
sum, the price of the one picture alone
Demg not far short of S500.000.
Mr. Widener is now in London, but will
return to America soon, and may take
nis acquisitions back with him.
Ever since the disappearance of the
Cattaneo collection from Italy the where
abouts and ultimate disposition of the
Van Dycks composing it have been the
subject of the keenest interest in the art
circles of both continents. Two of them
were acquired last year by the British
National Gallery and formed the subject
of a controversy as to whether they
snouia not be restored to Italy.
There . have been various speculations
as to what had become of the others. I
am in a position to state that they all
remain in the possession of a well-known
art firm doing business .In Europe and
America, with the exception of the three
now tne property of Mr. Widener. one ac
quired by H. C. Frick and the two owned
by the British National Gallery. These
two last are perhaps the least important
of the Cattaneo collection, the gem of
wmcn, as stated, goes to Philadelphia.
Fighting; Bob and the Katser.
San Francisco Call.
When Fighting Bob Evans attended the
opening of the Kiel canal in 1905 Em
peror Wilham one day boarded Evans'
flagshp and in course of conversation
asked the Admiral how long it would
tatce mm to close all water-ports ready
ior action.
"Two minutes." said Evans.
The Admiral was somewhat astonished
when the Kaiser said: "Let me see you
do it do it yourself." Evans tried the
siren but there was not enough steam
to diow it.
"Aha!" said the delighted Kaleer, "You
cannot close your bulkheads!"
Evans then touched a general alarm
button and in an instant men came
swarming up from every part of the
ship, while Emperor William held his
watch. In one minute and a half all
doors were closed and the ship was ready
lor action.
"Fine!" said 'the Emperor, with a look
of chagrin. "Fine!" And then, to cele
brate the feat, wine and cigars were
brought into the Admiral's quarters. The
Kaiser liked the wine and the Admiral
so much that he stayed until 2 o'clock
in the morning, when Evans thought he
had seen the last of him. But at 6
o'clock the same morning an orderly
knocked at his door, and, touching his
cap respectfully, said: "I have the honor
to inform you, sir, that the Emperor
of Germany is Just passing the ship in
his yacht and the Emperor is steering."
"What!" demanded Evans, entirely for
getting his dignity as an Admiral for
the moment. Then, looking out of an
air port, he saw the Kaiser in his white
flannels, steering the Meteor as if he
had never taken a drink in ms life.
"Well, I'll be !" said Fighting Bob
as he rolled back into ills 'bunk. But he
could not help thinking "Where has the
Kaiser spent the time between 2 and 6
o'clock?"
Dr. Davis Explains Some More.
PORTLAND, June 30. (To the Edi
tor.) In this morning's Oregonian, one
D. Miller, says: "No doubt those who
pledged themselves to Statement No. 1
knew at the time what they were do
ing, and what the pledge meant."
speak for myself I did; and have no
desire to shirk the responsibility; have
made no such intimation. I have not
been deceived in Governor Chamberlain
and have not said I would not vote for
him. The Governor says he is a non
partisan; I guess he knows. When
Miller, or any one else, says that ,1
have said I would not vote for the peo
ple's choice and in accordance with my
pledge, they are making a mis-state
ment, whether wilfully or mistakenly,
I am at a loss to know. I am deceiving
no one. L. M. DAVIS.
Taft on Government Ownership.
(Prom an interview with Mr. Taft by
Broughton Brandenburg la Van Norden's
Aiagazine.j
"You are opposed to government own
ership?"
"I am, and for the following reasons,
as I have given them at another time
and place. First, because existing gov
ernment railways are not managed
either with the efficiency or economy of
privately managed roads, and the rates
charged are not as low and therefore
rot as beneficial to the public. Second,
because it would Involve an expenditure
of twelve billion dollars to acquire in
terstate railways and the creation of an
enormous National debt Third, because
it would place in the hands of a reck;
less executive a power of control over
business and politics that the imagina
tion can hardly conceive and would ex
pose our popular Institutions to danger."
Framtag Up the Winning Ticket.
Brooklyn (N. Y.) Standard-TJnIon.
The ticket that is going to sweep the
country has been framed up in secret.
It is as follows:
For President, Thomas W. Lawson, of
Massachusetts.
For Vice-President, Mr. Dooley, of
Chicagol
Platform All us magazine writers
h&va jtot to stand together.
FROM A FOLLOWER'S STANDPOINT
Principles of Christian Science Sei
Forth by Publication Committee.
PORTLAND, Or., June 30. (To the
Editor.) Tour columns have given
considerable space of late to opinions
upon Christian Science, arising irom -series
of sermons by Rev. S. C. Lapham.
and since so much has been said for
and against this teaching, a brief sum
ming up of the matter is due to your
readers from the standpoint of the
Christian Scientist.
Our critic declares that he has
studied the Christian Science text-book.
This we will not dispute. Perhaps his
failure Is due to a want of comprehen
sion move than a want of study. It
may encourage him to know that many
have comprehended it and have suc
cessfully demonstrated it. In the ranlts
of Christian Scientists one is expected
to be able to heal sin and sickness suc
cessfully for a number of years before
he can be authorized as a teacher of the
science. We assume that our critic has
had no experience whatever as a prac
titioner of Christian Science, for. if he
had he would thus have proved the
truthfulness of its teaching and would
therefore have no occasion to speak ad
versely of It.
What sort, of standing would a critic
of mathematics have who claims that
he has read a text-book on the subject,
but admits that he has never solved a
problem or demonstrated a proposition
according to its rules, and has no other
qualification as critic than the mere)
fact that he has read the book and does
not believe in it?
The classification of Christian Science
under the head of mental suggestion or
suggestive therapeutics betrays an un
famlllarity with the teaching and prac
tice of Christian Science, for it must
be evident to the most casual reader
that self-suggestion is quite different
from healing which is based upon the
consciousness of the supremacy of God.
Physicians are coming of late years to
admit one of the points emphasized by
Christian Science, namely, that the hu
man mind is the cause of disease. With
this much granted, how can it be sup
posed that that which causes disease)
can be Its cure? If the human mind
produces disease, something outside of,
above and superior to the human mind
must be invoked for a remedy. Chrls
tlon Science is planted squarely on the
Biblical statement that God Is the
"healer of all thy diseases." The healing"
is but the natural outcome of the moral
and mental reformation and regeneration,
which precede it. In her book "Rudl
mental Divine Science." Mrs-. Eddy
states: "Healing physical sickness 1st
the smallest part of Christian Science.
It Is only the bugle-call to thought and
action, in the higher range of infinita
goodness. The emphatlo purpose of
Christian Science is the healing of sin.'
Dr. Lapham will be glad to know
that Christian Science Is doing the)
healing works which he challenges it
to perform, and without suggestion,
and if he Is earnestly in quest of suets
proof he will not have far to seek..
While Christian Science practitioners
at this time do not claim to effect In
variable cures, this doe3 not dlsprov
the efficacy of Christian Science treat
ment, but rather indicates as with the
failure of the mathematician to solve a
given problem a lack of understand
ing They are ready, however, to have
the results of their present immature
understanding measured with those of
other curative systems, and by the
scriptural test: "By their fruits ye shall
know them."
This is not the first time Christian
Scientists have been challenged to pro
duce proof of the healing of so-called
Incurable disease. Within the last few
months such a challenge was answered
before the committee on public health
at the Massachusetts State House, the
healing of Dr. G. W. Barrett, of St.
Louts, of leprosy being cited and au
thenticated and admitted as evidence
before this committee.
Our friend seems to be In trouble
about what he thinks he has found in ;
the teaching of Christian Science re-:
garding,the impersonality of God and
man. Christian Scientists would in
deed be in a bad way if they were In,
the state of nonentity to which his
process of reasoning would appear to
reduce them. The proposition of the.
unreality and unsubstantlality of mat
ter has long ago been settled and ac-
v.,, nnhiml scientists, and the;
admitted unreliability of the physical
senses Is filling a niche beside it.
Christian Science gives no ground for
the assumption that consciousness is
ever disembodied or obliterated. Its
teaching that there Is no matter does
not mean that creation is unreal, nor
that man Is unreal, but it means that it
is not what it seems to material sense,
that in our present immature condi
tion we do not see things as they are,
Paul says: "Through faith we under
stand that the worlds were framed by
the word of God, so that things which
are seen were not made of things which
do appear." It is the misconception and
not the thing itself which is repudiat
ed by Christian Scientists. Science
teaches one to look beyond the materi
al, mutable things of life to the spiritu
al and Immortal: to look beyond the
material sense of sustenance to spirit.
In whom, as the scriptures declare, "we
live and move and have our being." It
has regard to the saying of the master:
"The life is more than meat, and the
body than raiment" It teaches that
existence is not dependent, as it appears,
upon material substance, but upon God,
who not only creates, but upholds alp
things. i
Let me ask the question: Where shall;
we look for the omnipotence, omniscience1
and omnipresence which Mr. Lapham'Sj
Bible accords to God, save as unfolded ;
In the teaching of Christian Science of)
one divine. Infinite principle, mind, spirit, j
supreme Incorporeal being. These terms j
employed to express the unlimited. In-,
finite nature of God, do not conflict
with St. John's definition that "God Is
Love," nor detract from, but rather In
crease, man's dependence, his sense of
the tenderness, nearness and availability
comprehended in the Fatherhood and
Motherhood of God.
Regarding the vquestion of marriage,
which has been brought Into this discus
sion, the attitude of Christian Scientists
and of their leader is very different than
Dr. Lapham's observations have led him:
to believe, andwe are pleased to set the !
matter right with a few quotations from
Mrs. Eddy's published works: '
"Marriage is the legal and moral pro
vision for generation among human
kind."
"Chastity is the cement of civilization
and progress. Without It there is no
stability in society, and without It one
cannot attain the Science of uiie.
"Marriage should Improve the human
species, becoming a barrier against vice,
a protection to woman, strength to man,
and a center for the affections."
"The good, in human affections must
have ascendency over the evil and the
spiritual over the animal, or happiness
will never be one. . . . The scientific
morale of marriage Is spiritual unity."
The Intimation that Mrs. Eddy's refer- .
ence to the Motherhood of God has been .
made in order to foist woman in general ;
and herself in particular. Into presump-'
tuous prominence. Is entirely at variance
with her own teaching.- To discredit the
motive of one whose thought we have not
understood, and that through no fault
of theirs. Is neither logical nor chivalrous.
Mrs. Eddy has said of herself: "Today,
though rejoicing in some progress, she r
finds herself still a willing disciple at I
the heavenly gate, waiting for the Mind
of Christ." (Science and Health, preface !
p. lx.)
Mrs. Eddy's life and character are so j
well known to the public, her writings j
and public sayings, as well as her private j
teachings, have contributed so much i
toward the health, morality and general
well-being of mankind, that they need I
no defense. !
LUTHER P. CUDWORTH, !