8
THE MORNING OREGONIAN, THURSDAY, JULY 30, 1908.
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rORTLAXI), THURSDAY, JILV SO, 1908.
MB. TAFT 0' INJUNCTIONS.
The sound judgment and courage
with which Mr. Taft dealt with the
subject of strikes and injunctions in
his address of acceptance are certain
to increase confidence in him and
bring to him the support of many fair
minded people who may have been in
doubt as to the attitude they would
take in this campaign. Mr. Taft made
no appeal to the unthinking. He re
, sorted to no artifice of uncertain lan
guage for the purpose of evading the
issue. His statement of his views
came with peculiar force in view of
the senseless language in which the
Democratic party worded the injunc
tion plank of its platform adopted at
Denver. Because Air. Bryan's party
took particular pains to' conceal its
position upon this important question,
and because Mr. Taft has spoken first,
the Democratic nominee will have dif
ficulty irt, setting forth his own opin
ions without either acknowledging the
bad faith of his platform-builders or
indorsing the position of Mr. Taft.
The Democratic platform declared
that "injunctions should not be issued
in any cases In which injunctions
would not be issued If no industrial
dispute were involved." The platform
does not say, nor has any one ever
said, that injunctions have been issued
in cases in which they would not be
issued if no industrial disputes were
involved. The clause quoted has no
meaning whatever, and Mr. Taft has
completely exposed the sophistry of
the Democratic platform-builders.
Whether a dispute is an Industrial one
has never been of influence in deter
mining whether an injunction shall be
issued. Mr. Taft challenges the Dem
ocrats to cite the cases in which that
has been done, and he will wait long
for an answer. Mr. Bryan, who can
reasonably be held responsible for his
party's platform, has set up a bogie
man of straw and made a great dis
play of destroying it.
Mr. Taft asserts the right of labor
ing men to form unions and to select
leaders with authority to call them
out on strike for the purpose of secur
ing changed conditions of employ
ment. Since this is their right, they
cannot bo enjoined from doing It.
They also have a right to persuade
others to strike. They have a right to
boycott the employer with whom they
have a dispute, and to persuade oth
ers to boycott him. They are at lib
erty to patronize whom they will and
to refuse to patronize those with
whom they do not wish to deal. They
cannot be enjoined from doing this.
But the things they have no right to
do are stated with equal clearness.
They have no right to use duress, vio
lence or threats of violence in order
to compel others to strike or to en
jrage in a boycott. They have no
right to engage in a boycott against
one not a party to their dispute in
order to compel this third party to
boycott their adversary. For exam
ple, If electric railway employes strike
they have a right to boycott the road
but they have no right to boycott a
manufacturing establishment because
it buys electric power from the same
company. The secondary boycott
would be a form of duress for the pur
pose of compelling the manufacturing
concern to join in the first boycott
ngalnst its will.
One of the important features of
Mr. Taft's utterances upon the subject
of injunctions is his exposure of the
manner in which Injunctions have
been misused by employers whose em
ployes have struck. This is the prac
tice of securing injunctions against
acts which have not been threatened
For illustration, let it be supposed
that a thousand miners have gone on
a strike and are striving to persuade
others to join in the strike, as Mr.
Taft declares they have a perfect right
to do. They are mostly men without
education probably a majority of
them cannot read the Bngllsh lan
guage. The mineowner goes before
the court with a list of the names of
nil the strikers, alleges that they
threaten damage to the property, and
secures an Injunction forbidding them
to do injury. This Injunction In it
self would be entirely proper If the
facts were as alleged. These writs
of Injunction are served upon the min
ers. The documents are long, couched
in legal language, and few if any of
the workmen understand their mean
ing. AVhile the injunction merely for
bids doing damage to property, the ig
norant miner fears to exercise his
legal rights lest he be guilty of violat
ing the terms of a document he does
not understand.
Against this practice Mr. Taft pro
tests, and he advocates return to the
old plan of having a hearing before
injunction shall be issued, except in
those rare cases where Immediate ac
tion is necessary, and then that the
temporary injunction shall be effective
for only the few days necessary to
serve papers and hold a hearing. Mr.
Taft's position Is entirely sound. A
moment's thought will show that it is
sound. Those who oppose issuance of
any injunction without hearing are
blind to the real conditions which fre
quently confront property-owners. For
example, a railroad company is about
to enter the premises of a farmer un
lawfully and destroy some of his prop
erty. The farmer rushes oft to the
Courthouse and asks for an injunc
tion. If the judge should be deprived
of the power to issue a temporary in
junction without hearing, the damage
would be done before the farmer
could got the relief he desired. In
numerable cases could be cited to
show that Mr. Taft is right in saying
that temporary injunctions without
hearing cannot be entirely abolished.
At the same time he proposes an ade
quate remedy by requiring that an
Immediate hearing shall be' had.
."either labor nor capital, if dis
posed to engage In legitimate efforts
to secure their respective rights, can
find fault with the views Mr. Taft set
forth in his address of acceptance.
He upholds the right of an individual,
or all the individual, members of a
union to strike in a peaceable man
ner and induce others to strike. He
asserts the right of the property
owner to be protected from the vio
lence of the few irresponsible and vi
cious men who are willing to go to
any length In the hope of getting re
venge if not compelling submission.
He upholds the dignity and authority
of the courts, yet denounces the prac
tice of abusing the processes of the
courts, and would prevent such abuses
In the future. The hope of getting la
bor votes won't Induce him to Impair
the efficiency of one of our depart
ments of government, nor will the de
sire to get the support of large property-owners
cause him to deny those
rights to which labor is entitled. His
address shows that he has opinions of
his own and that he has the courage
of his convictions.
AS TO A PORTLAND PUBLICATION.
A magazine which persistently 'and
systematically aids in the dissemina
tion of anarchistic ideas, and which
strives in season and out of season to
spread the doctrine of discontent, may
very reasonably expect encouragement
and support from all those who ap
prove its teachings. It has no right
to pose as the literary leader of a vast
and growing section of the country
and at the same time convey to the
rest of the country wrong Impressions
of the thought and feeling of those
who maintain it.
We' refer to the Pacific Monthly,
published in Portland.
WOOLGBOnTiG IN OREGON.
Reports that woolgrowing in Linn,
Marion and Polk Counties is on the
increase and that the growers are op
timistic as to the outlook may readily
be credited. The whole Willamette
Valley Is adapted to woolgrowing, and
there are many tracts of land which
are particularly adapted to this Indus
try, but which, owing to the steepness
of hillsides, are not suited to agricul
ture. The climate is mild, making,
the feeding season short, and such
sheds as are necessary heed afford
only protection from heavy rains. For
age crops grow nowhere better than
they do in the Willamette Valley.
Moreover, sheep may be pastured to
a larger extent than most farmers un
derstand, upon the fields of Fall-sown
grain, with benefit rather than Injury
to the grain. Many a farmer who
understands his business pastures
sheep on his grain fields for several
weeks, thus securing for them the
feed that may be had from six to
twelve Inches' growth of the grain.
Thus pastured, the grain not only
stools out" better, but the tramping
seems to aid in holding the moisture
in the soil.
New England's experience seems to
be different from that of the Willam
ette Valley so far as development of
woolgrowing is concerned. At the
same time that reports are received
of increased attention to sheep In Val
ley counties, there comes to hand the
Boston Transcript, which Is bewailing
the low point to which the sheep In
dustry has declined In Massachusetts.
A few years ago sheep roamed the
hills of Massachusetts by the hundred
thousand. In 1900 the .flocks totaled
but 34,000, and the number has been
decreasing Bteadily since then. The
Agricultural College authorities of
that state say there is no good reason
for the decline, and an effort will be
made to arouse interest in the indus
try. Oregon has many advantages
over Massachusetts as a sheepgrowing
state, of particular importance being
the milder climate, the shorter feed
ing season and the cheaper lands.
THE TURKISH CRISIS.
Constitutional government for Tur
key is an experiment that will be
watched with much interest by the
rest of the world. The experiment
will attract more than ordinary inter
est at this .time for the reason that
Persia, which Is on a plane of civiliza
tion similar to that of Turkey, has
made a failure of the new govern
ment. That a like fate may befall
the Ottoman Empire is not at all Im
probable, for, according to yesterday's
news from Constantinople, the victori
ous people are clamoring for a clean
sweep of all palace officials. If was
on a similar rock that the Shah of
Persia and his people split, after con
stltutional government had been in ef
fect for more than a j-ear. The Per
sian people through their Parliament
attempted to dominate the executive
branch of the government so com
pletely that, had they been successful,
the Shah would have been a mere fig
urehead with no voice whatever In
the management of the affairs of his
country.
It was the extravagance of the de
mands made on the Shah by the peo
pie of Persia that brought on the
present trouble, and for similar rea
sons constitutional government for
Turkey may not prove the unqualified
success that is expected. -The transi
tion from a monarchical system that
has been the custom for centuries to
constitutional government is so radical
that it is easily misunderstood by the
masses, and they nullify the good ef
fects which might follow by going to
extremes. This is what forced the
Shah of Persia to fight against the po
litical beneficiaries of Persian govern
ment and may end In a return to the
old system. The revolt of the Sul
tan's Albanian and Macedonian sub
jects was far more sudden than that
of the Persians when they were first
granted a constitution, but even in be
nighted Turkey constitutional govern
ment, or something akin thereto, has
been tried In the past.
When the Turkish throne last week
came so near to getting out of the
hands of Abdul Hamld, the predica
ment was no worse than that of Sul
tan Abdul Medjid, who as far back as
1839 was forced to inaugurate a pol
Icy of reform which to all intents and
purposes was a constitutional govern
ment. This was maintained until the
Crimean war brought with it compli
rations that hastened a return to the
old system. In 1S76 the people took
advantage of the Balkan troubles, and
demanded and received a full-fledged
constitution. The first Turkish Par
liament met in March, 1877, and It
was so much more unreasonable In Its
demaads than the Persian Parliament
has been that in less than a year Tur
key was back into the old groove with
a good many reformers without heads.
The Intervening thirty years have
kept the Sultan fairly active, treason,
plots and attempted assassination
continually reminding htm that his
style of government was not indorsed
by all of his subjects. Now the crisis
has been reached, and, if the reform
ers are moderate in their demands,
they will command the support of
some of the foreign powers who have
never had an overwhelming love for
Abdul Hamld, and Turkey will move
upward to a higher plane of civiliza
tion. HEALTHY FOREIGN TRADE.
The. current number of the World's
Work magazine is devoted almost ex
clusively to the over-sea traffic of the
United States, and this interesting
topic is haridled in a masterly manner
by a number of writers. The gem of
the collection, however, is a brief es
say on "American Trading Around the
World," in which the writer adminis
ters some well-deserved rebukes to
that class of theorists who are always
insisting that we are neglecting our
foreign trade opportunities and that
we need a subsidized fleet of ships.!
"There is an awakening," says this
bright writer, "for the manufacturer
who imagines that Johannesburg and
Buenos Ayres will throw away all
their European stock as soon as the
smoke of an American steamer is
sighted."
In equally pointed language the
writer explains that "when a man's
factories are working full time to fill
orders from Chicago and San Fran
cisco, their owner may be excused
from lack of enthusiasm about Valpa
raiso and Shanghai." The European
competition bugaboo Is dismissed with
the curt admission that "certain Euro
pean countries are getting more for
eign trade than we are. They ought
to, for they have been at it longer.
But let us be glad, for they need it
worse." No special mention Is made
of that old chestnut about trade fol
lowing the flag, but some statistics are
given on a single month's business out
of New York showing that 220 vessels
of nearly every nationality known on
the high seas had cleared with Ameri
can exports for thirty different ports,
including every country of importance
on earth, while Inquiry at the ship
ping offices resulted in an offer to ac
cept cargo for any or all ports that
could be reached by seagoing vessels.
These unvarnished facts regarding
our foreign trade are of special value
ai this time, when an effort is being
made to revive ante-election interest
In the ship-subsidy scheme. What Is
true of the port of New Tork is equal
ly true of other American ports, for
there has never been a period in the
commercial history of the Pacific
Coast when it was possible to secure
so much tonnage at such low rates as
is now obtainable to any part of the
world. American products today have
a wider sale in foreign countries than
ever. This is not due to the applica
tion of any artificial methods in either
manufacturing, shipping or for en
couraging the shipment.
The trade has come to this country
because nowhere else in the known
world can the foreign buyers get so
much in the way of quantity or qua!
Ity for the money he has to spend as
iu the United States. Theorists and
subsidy-hunters to the contrary not
withstanding, the foreign trade of the
United States, with no forcing or un
natural encouragement, is still break
ing recorSs, and has never for a mo
ment felt the need of any artificial aid
from the National Treasury, either for
a ship subsidy or" for protection.
TARIFF PROTECTED TRUSTS.
Notwithstanding the contention of
the American Tariff League that the
Republican platform does not promise
a revision of the tariff downward, the
American people understand that
it
does, at least so far as relates to tar
iffs on trust-made goods. If the league
should succeed in convincing the peo
pie of this country that such revision
Is not contemplated by the Republican
party the effect will be to throw to the
Democratic candidates many votes
that do and should belong to the Re
publican. When the opponents of
tariff revision express satisfaction with
the tariff plank and profess to see In it
safeguard against substantial
changes in the schedules in the in
terests of American consumers who
pay more for certain American-made
goods than is paid by foreign con
sumers, there is likely, to arise a suspl
cion of double-dealing In the wording
of the platform. It is improbable that
the league will find many campaign
speakers, especial candidates for Con
gress, who will place upon the plat
form the same interpretation the lea
cue has given It. The clause which
gives so much satisfaction to the op
ponents of tariff revision is that which
reads:
"In all tariff legislation the true
principle of protection is best main
tained by the Imposition of such du
ties as will equal the difference be
tween the cost of production at home
and abroad, together with a reason
able profit to American industries."
The insertion of the "reasonable
profit" reservation Is what furnishes
the foundation for the claim that
there will be no material reduction in
tariffs, for the trust manufacturers
expect to be able to convince mem
bers of Congress that present sched
ules cover no more than the difference
in cost of production, plus a "reason
able profit." But In their calculations
they do not assume that a reasonable
profit for the foreign competitor is to
be taken Into consideration at all In
fixing the protection for the American
manufacturer. In showing the unwar
ranted advantage that would be
given the trust manufacturer under a
liberal Interpretation of the reason
able profit clause, Mr. -H. E. Miles,
chairman of the tariff committee of
the National Association of Manufac
turers, and an opponent of the rea
sonable profit clause, says:
These trusts, having ' full control of the
domestic market, as at present, and deem
ing, say 20 per cent a reasonable profit,
can charge $1.30 for an article costing ttO
cents to produce in Europe and (1 here,
and the European would have to pay 45
per cent duty with only a real difference
of 10 cents in cost of production. And
when he baa paid this 45 per cent he is
till selling his product In the United States
at bis own bare cost, -with no profit. He
will not chip on this basis. It Is hardly
necessary to say. but will Insist upon at
least 10 per cent. This he will not get.
and so the home trusts -can add all or a
part of this additional 10 per cent to their
selling price before any relief comes from
foreign competition.
To be fair, the tariff should be the
difference between the cost of produc
tion at home and abroad plus the dif
ference between a reasonable profit at
home and abroad. In other words,
the reasonable profit should be figured
as a part of the cost of production
both at home and abroad. But it is
easy to imagine that the American
manufacturer who has been accus
tomed to extortionate protection will
expect to count interest and dividends
as a part of the cost of production and
then add a reasonable profit above
that in determining the amount of the
tariff. There is no reason for assum
ing that the foreign manufacturer will
place his goods in our market at the
cost of production, making no profit
himself, but, if he should, why not let
the American consumer get the bene
fit of this generosity?
The South Is evidently very much
aroused over Mr. Bryan's attitude on
the negro question, and there is strong
probability that he has miscalculated
the temper of the Southern whites.
He made a bid for the support of
Northern negroes, assuming that the
Southern States are safely Democratic
and that he will get them regardless
of anything, he may say that is dis
pleasing to them. The Charleston
News and Courier is one paper that
has been vigorously criticising his ef
fort to playjDoth sides in the South,
and It has demanded from him plain
answers to the following questions
upon the subject of the negro:
First If elected President. Mr. Bryan.
will you attempt any interference with the
conditions of negro suffrage in the South
ern States ?
Second Will you make any effort to re
store the negro soldiers who were dismissed
from the military service of the country
because of the affair at Brownsville. Texas?
Third Will you appoint negroes to offi
cial places In the Federal service?
Mr. Bryan can hardly refuse an an
swer to questions from that source.
Five carloads of new-crop wheat
reached Portland Tuesday, the first of
the season to arrive at tidewater. The
date of arrival is a few days later than
last year, and Is earlier than In some
previous seasons, but is an Interesting
commercial event, marking as it does
the beginning of what is expected to
be the best grain season in the his
tory of the port. It will be nearly a
month before any of this new-crop
wheat Is put afloat, but there Is still a
large number of old-crop cargoes en
route from Portland, and long before
the last of those vessels arrive out the
endless procession of grain ships that
moves between Portland and Europe
will have had numerous additions
from this end of the line.
The old . wooden shacks still stand
ing among the modern brick structures,
are a constant menace to the city, and
yet there seems no practical means of
getting rid of them. They furnish
the material upon which fires may
spread to buildings which could be
easily saved but for the presence of
these old structures. So far as the
city as a' whole is concerned, a fire
that destroys a lot of the old wooden
shacks is a blessing, but, unfortunate
ly, an occasional brick building must
go with the wooden. In the fire Tues
day a large portion of the city was en
dangered, and but for the efficient
work of the fire department the 'loss
would have been many times greater
than it, was.
Judge Grosscup found no evidence
that the'Standard Oil Company of In
diana was the same Standard Oil
Company that operates In New Jersey,
Strange no one had ever thought of
this before. When a man goes into a
business which violates the postal
laws, or some other Federal statutes.
he should be known as John Smith of
New Jersey and John Smith of Indi
ana, according to the place in which
he may be operating, and thus, per
haps, he can avoid responsibility for
some of his misdeeds.
The American Sheep Breeder, o
Chicago, says that there are 60,000
sheepowners in Ohio and that 69,500
of them are for Taft for President.
Here in Oregon there may be some
doubt whether the sheepmen are for
a Democrat or a Republican for Pres.
ident. It is said that a lot of them
vcted for a Democrat for Senator, and
a Senator has pretty nearly as much
to say about tariffs as a President has.
What to do with our ex-Presidents
is a question that would be answered
to the satisfaction of a great many
people if Roosevelt were appointed a
member of the Supreme Court, not
withstanding he knows more law by
reason of his sense of justice than he
does because of legal study.
The suit brought by Count Bonl
Castellane against his former wife has
been put over to the Fall term of
court. If Helie de Sagan rolls 'em as
high as reported, there will be noth
lng left worth suing for bythe time
the Parisian court meets next Fall,
The Boston Transcript describes the
killing of the leader of Its desperado
band as an "unparalleled scene." Not
even the sensational performances of
Tracy and Merrill can surpass the des
perate deeds of the daredevils of wild
and woolly Boston.
Nebraska has demonstrated that
gambling Is not an essential feature
of a successful race meet. Such, too,
was Oregon's experience. The best
races ever seen at Salem were with
out the aid of the Interest bookmakers
can bring.
A Los Angeles man has created a
sensation by digging up some gold
nuggets in his back yard. Any kind
of gold in Los Angeles that was not
brought In by a tourist would natur
ally be expected to make a sensation.
The proverbial nine lives of the cat
will fall far short of the record unless
something is done to prevent the
steamer Minnie E. Kelton from be
coming a wreck every day or two, and
sometimes twice a day.
There's a poor prospect of President
Roosevelt coming to Oregon to hunt
with Harriman In Klamath County.
When Roosevelt "roughs it" he doesn't
want the luxurious surroundings of
Pelican Bay Lodge.
Licenses have been granted permit
ting the sale of beer "with meals" at
Mayfleld, adjacent to the Stanford
University campus. Do pretzels con
stitute a "meal"?
All three parties that is, the Re
publican, Democratic and Independ
ences declare in positive terms for a
strong Navy. Hobson did it we don't
think.
ARE TUB Llai OR MEN TO BLAME!
Remarkable Interview With a Portland
Wholesale Dealer.
Sacramento (Cal.) Bee.
The writer was engaged In conversa
tion with a wholesale liquor dealer the
other day coming down from Portland,
Or., and the conversation turned upon
the saloon question. i
To the surprise of the writer, the
liquor dealer acquiesced in everything
put forth that the liquor men had
brought upon their own heads the wave
of Prohibition; that they had been ar
rogant, Insolent, dictatorial, contemptu
ous of the rights of others, utterly re
gardless of the pleas for home and
family, trampling upon all moral con
siderations and all public and com
munal decency in their insane greed for
the almighty dollar.
The wholesale liquor dealer, went on
to state, from his own personal knowl
edge, that in the cities of the great
Northwest the lowest dives were under
the control if not . the ownership of
the great breweries and wholesale
liquor Interests, and he was certain
that a somewhat similar condition ex
isted in every city on the Pacific Coast.
He called attention to the prominence
now in the reform calcium light of
those same wholesalers, and gave it as
his belief that their repentance came
too late; that the people proposed to
give them a much severer lesson before
they got through; that the wave of
Prohibition would go farther and far
ther before the waters would recede,
that ultimately he believed the pendu
lum of public indignation would awing
back, and that the liquor question
would be treated sensibly and with a
proper regard for individual rights and
individual liberty; but that never again
would Bacchus, and Gambrinus, and
John Barleycorn be permitted- to lord
It as they had been lording It; that
hereafter they would have to be serv
ants of the public, and very respectful
servants, too they would no longer be
tolerated as masters.
And that wholesale liquor dealer
went on to declare that personally he
was glad the liquor men were being
taught a severe lesson, and would be
taught a severer one yet before public
wrath was appeased. He wag willing
to say that, although he is in the busi
ness, and although it would cost him
pretty penny before the lesson was
over.
The Bee does not think thte wonder
ful forward movement to Prohibition
Is- permanent. It believes it to be the
result of a great public wrath, long
smothered under the most arrogant
and Insolent imposition, but irresistible
when once it breaks forth. It will have
to spend its fury, no matter how much
the wholesalers In their llth-hour re
pentance may strive to check Its on
ward march. And, Its fury expended,
the pendulum will swing back to com
mon sense, and reason, and justice.
And then the hands of the law will
not point to Prohibition, but to a sane,
just regulation and control under s
high license a regulation and control
which will tolerate none of the arro
gant indecencies of the past; but that
will protect the home and the fireside;
that will wipe out the dirty dive sind
the low saloon; that will confine the
saloon business to certain districts, and
that will forever wipe it out from the
residence portion of our cities.
OREGON LEGISLATURE OF IS 00
Effort to Find If Any trat Mr. Conyers
Are Living.
SALEM, Or., July 27 (To the Edi
tor.) Referring to the items In The
Oregonlan on July 26 and 27, regarding
the membership of the Oregon Legisla
ture of 1860. I Inclose to -you the entire
membership.
Senate J. S. Mclteeny, Benton
James K. Kelly, Clackamas and Wasco
Solomon Fitzhugh, Douglas; A. M. Ber
ry, Jackson; D. S. Holt, Josephine; A,
B. Florence, Lane; James Munroe, Lane
Luther Elkins, Linn; H. L.' Brown, Linn
J. W-. Grim and E. F. Colby, Marion;
J. A. Williams, Multnomah; William
Taylor, Polk; William Tichnor, TJmpqua,
Coos and Curry; Thomas R. Cornelius,
Washington, Columbia, Clatsop and Til
lamook; John R. McBride, Yamhill.
House Reuben C. Hill and M. H.
Walker, Benton; A. Holbrook, W. A.
Starkweather and H. W. Eddy, Clacka
mas; C. J. Trenchard, Clatsop and Tilla
mook; S. E. Morton, Coos and Curry;
R. A. Cowles and James F. Gazley,
Douglas; G. W. Keeler, J. B. White and
J. N. T. Miller, Jackson; George T. Vin
ing, Josephine; Joseph Bailey, John Du
vall and R. B. Cochran, Lane: J. Q. A.
Worth, Bartlett Curl, Asa McCully and
James P. Tate, Linn; Samuel Parker,
Robert Newell, C. P. Crandall and B. F.
Harding, Marion; Benjamin Stark and
A. C. Gibbs, Multnomah; Ira F. M. But
ler and C. C. Cram, Polk; J. W. P.
Huntington, TJmpqua; Robert Mays,
Wasco; Wilson Bowlby, Washington; E.
W. Conyers, Columbia and Washington;
Medorem Crawford and S. M. Gllmore,
Yamhill.
John Duval I, one of , the members
from Lane, was living, So I understand,
not a great while ago, somewhere in
Nevada. But, unless it "Is he, all are
dead, so far as I know. I send this
list to be published, so as to ascertain,
if possible, if any others are living save
Mr. Conyers. It is certainly worthy of
more than a passing notice that one
who was a member of the Legislature
in 1860, and passed through the stir
ring scenes of that day, should be re
turned 48 years afterward, in his full
vigor. J. C. MORELAND.
DO HOT WIDEST UNION AVENUE!
Ho Reason to Destroy Property Built
Up With Care.
PORTLAND, July 27. (To the Ed
itor.) It being the wish of those hav
ing in prospect the widening of Union
avenue that property-owners "speak
up" on the matter, I wish to be known
as being unalterably opposed to the
Idea. I feel the loss would be greater
than any possible gain. Wide streets,
well paved, are things of beauty and
utility, if properly made and cared for;
but in-such a case as this one, there
Is no good accruing at all commensur
ate with the loss of miles of cement
sidewalks already laid, lawns of many
homes ruined for all time, shade trees
that are a delight and comfort and Joy
converted Into brushwood, and our al
ready email city blocks made smaller
by a process equivalent to removing
the eyelids from one s face. Oh, no
don't huddle the occupants closer to
gether in order to give a broad ave
nue through which to view the whole
sale destruction. A modern, hard-sur
face pavement (preferably bitulithic
from my standpoint) I heartily favor;
but widening the avenues never! - The
end does not justify the means.
LILLIAN C. OLDS.
Hobnails In Boots Canse Bad Fire.
Jersey City (N. J.) Dispatch.
Hobnails In boots worn by Mrs.. Jose
phlne Fabo struck grains of powder in
a fireworks factory in Jersey City, caus
ing an explosion In which the woman was
fatally burned.
LAW THAT DOES NOT PUNISH
Murderers and Other Offenders Freed on Impractical Technicalities.
In view of the decision In the Standard
Oil case In Chicago the following trenchant
criticism of the tendency of the courts to
"follow abstract reasoning to the vanishing
point" regardless of practical results, will
ne reaa with interest, it was wruicn ay
Denver lawver James G. Rogers, and ap
peared in the New York Independent:
That "the administration of the crim
inal law in all the states of the Union
is a disgrace to our civilization. Is a
statement credited to William H. Taft.
Sidney Brooks, in the London Chron
icle, says, "the criminal law of America
is a refuge and a comfort to the law
yer and the criminal, and a menace and
vexation to the rest of the community."
What do these charges mean? Such
affairs as the following:
In 1900 a man named Huntington
was indicted in -California for perform
ing a criminal operation. He was tried
for murder, and convicted of man
slaughter, a lesser degree of crime.
The court sentenced him to ten years"
imprisonment, a substantial penalty.
He appealed. Three yeears later the
Appellate Court reversed the whole
conviction, because the trial judge told
the jury that he might be convicted of
manslaughter an instruction that
could and did act only in his favor.
In March, 19)7, they started to try
him again. The doctrine that no man
can be twice tried for the same offense
met the court at the threshold. The
conviction of manslaughter had. the
decisions declare, acted as an acquittal
of murder, a greater degree of homi
cide. The judge, in an effort to find
some road to justice, attempted to try
him for murder, but to punish him, if
convicted again,, only for manslaughter.
The Appellate Court blocked the whole
proceeding, and ordered the convicted
criminal discharged. He cannot, the
court says, be tried for manslaughter
because he could never be accused of it;
nor for murder, because he has been
acquitted. "He may not be convicted,"
the court argues, "of a crime which the
evidence shows he did not commit, for
the reason that the evidence shows he
did commit another crime of which he
has been acquitted." That they un
questionably thought he had commit
ted something was quite immaterial.
He went free.
In Georgia, about the same date in
1907, tne second trial, for murder, of
man named Bagwell came up. On the
first trial the jury had disagreed, and
had hurriedly been discharged by the
judge, without haling the prisoner out
of his cell into the courtroom. The
Supreme Court would not permit him to
be tried again. Why? Because the
constitution declares that no man shall
be twice tried for the same offense
except In case of mistrial, and, more
over, a man must be brought face to
race with the witnesses against him
The dismissal of the Jury in his ab
sence amounted to an acquittal.
A few months before the same court
In Georgia reversed a conviction for
receiving stolen cotton. The prisoner
had been caught with the 800 pounds of
cotton of a peculiar sort, the sort
stolen, locked In his storehouse and
wet with the night rain. But in the
trial the prosecutor had forgotten to
ask somebody, anybody, whether cot
ton was a thing of value. The court or
jury, it appears, could not be permitted
to know that 80D pounds of seed cot
ton had value without being told.
In Montana a jury convicted a man
named Penna of murdering another
man's wife. He was sentenced to
death. He had followed her across the
ocean. Then, one day, he learned that
she was a married woman. Penna
knocked at the door and shot her dead.
The defense was insanity. On appeal
the conviction was reversed. The trial
Judge, among a string of other in
structions to the Jury, had happened J
to mention the fact that If they found '
rrom the evidence that the defendant
had a good character, they might con
sider that as a circumstance tending
to establish his innocence. As a mat
ter of fact there was no evidence at all
Introduced regarding Penna's character.
The instruction to the ears of the Ap
pellate Court was clearly prejudicial to
Penna. The conviction was unfair.
In Indiana, In 1903, one James Gil
lespie was to be tried along with
three others for the murder of a
woman of the same name. It was
evening when the Jury was finally im
paneled and sworn. The court ad
journed over night. In the morning the
public prosecutor, before the case was
opened, asked that one Juror be re
moved and another substituted in his
place. The Juror, the prosecutor had
learned over night, had falsely sworn
the day before that he was not re
lated to any of the defendants. As a
matter of fact he was related. The
court gave an opportunity to substi
tute another Juror. The case went on;
the jury disagreed. On a second trial
Gillespie was convicted and given a
life sentence. The Supreme Court
turned him loose. The substitution of
that first Juror was manifestly an ac
quittal or the crime. It is quite plain.
In Illinois, In 1907. a defendant.
Elgin by name, was found guilty of set
ting rire to a creamery to defraud an
insurance company. But the Judge, In
describing the elements of the offense
(and describing them correctly) had
casually used the word "arson." More
over the jury, in findina- "Elein arulltv.
had found him "guilty of arson, as
charged In the indictment." The in
dictment was Invulnerable, the convic
tion was clear;- the jury had had no
opportunity to be misled, the Instruc
tions were all fair, but "arson" is the
burning of a dwelling-house and not a
creamery. Reversed.
In Montana, somebody stole J 7 000
from the Bank of Somers. A Jury con
victed Peterson. In instruction No. 11.
the trial judge had told the Jury that
"to find the defendant guilty you must
find that he appropriated the property
without color of right and authority
and with intent to steal the same."
Peterson appealed, and the Supreme
Court sent him back for a new trial.
It was clear to them thaV the jury
was not Instructed that there must be
a criminal Intent in the act. That
the court had told the Jury so much In
so many words in Instruction 6 was
quite beyond the question. Instruction
ll did not say so. It only said Intent
to steal. The jury had unquestionably
been misled.
These examples are not .abnormal,
and absurd cases singled out from the
long history of American
They are cited almost at random from
the decisions of the year 1907. For the
purpose here required, they should be
so chosen, as fair samples of the sort
of criminal procedure that American
courts are administering. The cases,
moreover, are not stated in the strict
legal phraseology and detail that a
lawyer would require. Behind every
decision mentioned there Is more or less
of a chain of legal logic, which is
here abbreviated or omitted. That
chain of reasoning Is of no Interest to
the lay citizen. At best it is only a means
to an end. When that end, namely, the
Intelligent administration of criminal
Justice, fails, the log.c is rubbish.
That these decisions are perverted
law, that the legal condltipns which
permit such decisions are vicious and
unsafe, that the preservation of order
has been lost sight of in an effort to
follow abstract reasoning to the van
ishing point In short, that the
charges of Taft and Brooks are Justi
fied, seems to the writer very clear.
In only one of these cases was there
any other ground than that named
above assigned as a reason for reversal.
In none of them did the court find that
the prisoner's guilt was doubtful. In
none of them did the court express any
regret that Justice was being tripped.
It was examining merely a problem in
mathematics. The problem had not
been solved according to a formula.
The court's eyes were on the formula
and not the answer. It was not the
prisoner, but the Judge, who had been
on trial.
The cases fall chiefly under the
operation of three or four dogmas. The
doctrine of double jeopardy, mentioned
above and expressed in over 40 Ameri
can constitutions, is at the root a pro
vision against political persecution.
No man once acquitted shall be tried
again for the same offense." This doc
trine has been distorted out of all re
semblance to its sense or origin. In
telligently used it is an Inestimable
safeguard against such occurrences as
the recent persecution and conviction of
Harden, editor of the Berlin Zukunft.
As used In the United States, it pro
duces monstrosities like the Gillespie
nd Huntington trials cited above.
Something the same is true of our doc
trine regarding the impartiality of in
structions given by the court to a jury.
It is a defense against untrustworthy
Judges. In the English courts, even in
our own Federal courts, the judges with
out any miscarriage of Justice habitually
add the advantage of their own intel
ligence to that of the "twelve good
men and true." Not so with the state
courts. The Judges are trimmed and
measured to delicacies of expression
that not one Juror in a thousand could
detect, much less feel the influence of.
To the rules of evidence, to the con
struction of indictments, to a dozen
other legal rubrics, the same criticism
fairly fits. Some of these evils legisla
tion can eradicate. But legislation can
not bind a court to any Interpretation
of a constitution, and legislation, when
it 'tampers with legal procedure. Is a
risky instrument.
The fault lies, of course, in the atti
tude of the legal profession, and chief
ly in that of the Judges. Such an atti
tude does not exist in England. It ex
ists in America mainly for one reason.
The balance of ability and Intellectual
force is on the wrong side of the bar
that separates court from counsel. The
Job. is still looking for the man tn
America, and not the man for the Job.
As a result, the attraction of a fixed
income, even of a very considerable in
come, is not equal In the eyes of the
capable lawyer to the advantage of
freedom and the possibilities of big
fees and big speculations that exist
outside the Judiciary. This situation
exists most strikingly In the Western
and Northwestern States; and it is in
those states that the most frequent
failures of legal procedure' occur. It
may be that the short terms of Ameri
can Judges play some part in the mat
ter. Be that as it may, the most force
ful lawyers of America are not the
Judges, but the advocates. As lawyers
are bound to do, as lawyers always
will do, these advocates urge the de
fense of their clients to the minutest
quibble that may avail. Instead of
being capable of meeting and defeating
this tendency to mere microscopic
sophistry, the courts have given way
before superior force.
Perhaps the solution lies with time
and economic growth. Today the aver
age lawyer is too close to the law, the
average citizen too far from it. to de
tect, at any rate to comprehend, how
far the criminal law has swung from
its orbit. Newspaper writers, whose
occupation it Is to follow the course
of criminal trials, make occasional hue
and cry. A bombshell like the Sehmitz
fiasco in California ought to stir even
the Man on the Street.
Little Terrier Makes nn Arrest.
Altoona (Pa.) Dispatch.
Seeing Samuel Barclay fleeing from two
officers who had previously arrested
him, Don, a little fox terrier that makes
its home at police headquarters, started
in pursuit, caught Barclay by the trous
ers leg and brought him to a stop,
holding on until the policemen arrived.
Don wanted to bite Barclay, but was
prevented.
IN THE MAGAZINE
SECTION OF THE
SUNDAY
OREGONIAN
"PACKING" WATER
ON THE FARM
Full-page illustration in colors,
a pastoral scene of distinct merit,
from a photograph by Mrs. E. B.
Rutherford. t
ON FOOT INTO THE
SIUSLAW, COUNTRY
A tenderfoot who writes well
tells of a land of great beauty,
where Nature ' is lavish in her
blandishments.
WHEN ROOSEVELT HUNTS
LIONS IN AFRICA
Frank G. Carpenter writes that
the President's coming is anxious
ly awaited, and pictures some of
the big stunts that may be ex
pected. OREGON BISHOP AT THE
PAN-ANGLICAN CONGRESS
Right Reverend Charles Scad-,
ding describes remarkable scenes
in St. Paul's, London, and sends
beautiful illustrations.
TOLSTOI'S TERRIFIC RE
BUKE OF RUSSIA'S CRIMES
Full text of his awful excoria
tion of the imperial government
that has startled the world.
TALENTED DAUGHTERS
OF TALENTED MEN
American women who have won
prominence in literature, musie
and the painter's art.
THE LAST OF KIT
CARSON'S TRAPPERS
Old Man Wiggins relates thrill
ing adventures in the old fur-trading
and Indian-fighting days.
THE HOTEL CLERK
ON CAMPAIGN ISSUES
His style resembles not Taft's
nor Bryan 's, but his remarks make
very good midsummer reading for
Republicans and Democrats.
ORDER EARLY FROM YOUR
NEWSDEALER