Morning Oregonian. (Portland, Or.) 1861-1937, August 26, 1908, Page 8, Image 8

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    THE MORNING OREGONIAN. WEDNESDAY, AUGUST 26. 1903.
8
Entered at Portland. Oregon. Poetofnee as
Eecond-Claaa Matter.
Subscript km Kate Invariably m Ad ranee.
(By Mall.)
Dally. Sunday Included, one year. J00
Daily. Sunday Included, alx montha.... J.
Daily. Sunday Included, thraa montna. i.
Dally. Sunday Included, ana month..-.
Daily without Sunday, one year J""
Dal.y. without Sunday, alx roontha..... i J
Dally, without Sunday, three montna.. .
Dally, without Sunday, ona month .w
Weekly, ona year. low
Sunday, one year f"
Eunday and Weekly, ona year , w
(By Carrier.)
Dally. Sunday Included, ona year t-0
Daily. Sunday Included, ona month
How to Remit Bend poatoffle money
order, express order or personal check on
your local bank. Stamps, cola or currency
are at the sender's risk. Give poatofflce ad
dress In lull. including county and state.
Footage Kates 10 to 14 pages. 1 cent; 1J
to 2S pases. 2 centa: SO to 44 pages. S
cents: 44 to 60 pacea. 4 centa. Foreign post
age double ratea
Eaatera Business Office The a C Bock
wlth Special Agency New York, rooma 4S
00 Tribune building. CUicago. rooma 010-611
T.ll.....
I'OK TI.AM). HTDMSDAI, ACQ. . 1S0.
WHERE BRYAN STANDS.
Those numerous supporters of
Bryan who Justify their course by as
sertlng that the Bryan of today Is f
materially different man from the
Bryan of 1896 or 1900 cannot find any
Justification for their assertion In the
addresses" in which the Democratic
nominee has declared his attitude
upon public questions. Those who
have been deceived in this regard have
deceived themselves, for Mr. Bryan
has been plain in the statement of his
position. He Intends that, if he shall
be elected, the election shall include
an unqualified indorsement of all the
principles for" which he stood in the
two previous campaigns, and In
which he was the candidate of his
party. He so proclaims in un
mistakable terms, and all who
fall to weigh his words will have
no occasion to say hereafter that they
were misled. In the opening sen
tences of his address of acceptance of
the nomination Mr. Bryan said:
Having twloe before bean a candidate for
the Preaidency, In camplgna which ended in
defeat, a third nomination, the result of
the free and voluntary act of the votera of
tha party, can only be explained by a ub
atantlal and undisputed growth In tha prln
clplea and pollclea for which 1. with a multi
tude of others, have contended. Aa these
principles and pollclea have given me what
ever strength I possess, tha action of tha
convention not only renewa my faith la
them, but atrengthena my attachment ta
them.-
Could anything be clearer than
that? So far is Mr. Bryan from
yielding to his political opponents that
he hurls defiance at them at the very
outset of the contest. He wants it un
derstood, and upon his authority, that
he not only stands where he always
stood, but that by renominating him
the Democratic party has indorsed his
well-known principles and policies.
He says so. He insists that his re
nomination cannot be explained upon
any other theory than that the party
has come around to the support of the
policies which caused his defeat in the
past. He believes that the sound
money Democrats who refused him
support in 1896 and 1900 have seen
the error of their way and have indi
cated an intention to support him.
Not for him Is there any assumption
that the money question is settled.
Heretofore he has declared that no
question is settled until it is settled
right, and every one knows what is his
opinion of the right way to settle the
silver question. The chief principles
upon which he made his fight in the
past were free silver and antl-imperi-alism,
and he says that these princi
ples give him whatever strength he
possesses. Moreover, he says that the
action of the convention in renomi
ating him "not only renews my faith
in them, but strengthens my attach
ment to them."
The Democratic platform of 1896,
by indorsing which Mr. Bryan secured
his nomination, declared that the
money question was the paramount is
sue, .that the gold standard "locked
fast the prosperity of an Industrial
people in the paralysis of hard times,"
and that the Democratic party "de
mands the free and unlimited coinage
of both silver and gold at the present
ratio of 16 to 1, without waiting for
the aid or consent of any other na
tion." 'The platform of 1900 reaf
firmed the money plank of the plat
form og 1896. but declared Imperial
Ism to be the paramount issue of the
campaign. The Democrats Introduced
their discussion of this subject by
adopting a plank which begins, "We
Condemn and denounce the Philippine
policy of the present administration."
Numerous other subjects were men
tioned in the two platforms, to which
Mr. Bryan refers when he speaks of
the "campaigns which ended in de
feat"; but the two planks above
quoted expreed the principles and
policies over which the battles were
fought. The two parties differed then,
as they always have differed, and do
now, upon the tariff question, but the
real issues were free silver and the
Philippine policy. Every voter knows
where Mr. Bryan stood and where the
Republican party stood upon these
issues. Now Mr. Bryan takes special
pains to declare in the most uncom
promising language that whatever
strength he possesses is given him by
those principles and policies, and that
his renomination not only renews his
faith in them, but strengthens his at
tachment to them.
If Mr. Bryan had buried this dec
laration somewhere in the body of his
address of acceptance, so that few vot
ers would notice It. one might assume
that he considered It of little import
ance and that he did not expect the
voters to give weight to it. But he
did no such thing. Before discussing
any of the planks of the platform of
1908, and before announcing his in
tention to write a letter of acceptance,
he uttered this declaration of allegi
ance to the particular principles and
policies which gave him whatever
strength he possessed. If Mr. Bryan
should be elected President, he can
consistently open his Inaugural ad
dress by quoting the platforms of 1896
and 1900 and his address of accept
ance, and assert that the people of
the United States have declared In fa
vor of free sliver and against the Phil
ippine policy of the Republican party.
It Is not a reformed Bryan who Is
running for the Presidency upon the
Democratic ticket. It is not a conserv
ative Bryan. Nor does Mr. Bryan so
pretend. Openly and with all the em
phasis of which he is capable, he pro
claims his unyielding adherence to the
radicalism which twice led to his de
feat. Shall he be given support now
upon the assumption that he has
abandoned the doctrines which the
American people repudiated twice by
defeating him?
XO CAUSE FOB ALARM.
Mr. John E. Humphries is a Seat
tie lawyer with a vast ambition to be
a Supreme Court Judge. That is a
worthy purpose, and Mr. Humphries
Is in no sense censurable for making
what capital he can out of the mis
takes and Inconsistencies of the court,
and the differences among Its mem
bers, since there is a direct primary
in Washington and every candidate
for office must make a personal cam
palgn and get the Job he is after by
the approved methods. But the pub
He is entitled to know the probable
animus of Mr. Humphries' letter.
printed today, and for that reason The
Oregonlan tells who Mr. Humphries is
and what he wants.
Tes, The Oregonian knows that it Is
contempt, or may be constructively
called contempt, to comment on a
case pending In any Washington court
or before the Supreme Court of the
United States, though there is a dif
ferent rule in Oregon. But it knows,
too, that no court will ever undertake
to enforce such a rule, since it dare
not, against any lawyer or newspaper,
for reasonable and temperate criticism
of any Judicial decision or for intelli
gent and unbiased discussion of any
public cause pending In any court.
The Oregonian remembers the Tug-
well and Baker case. These two wor
thies were sentenced by the Washing
ton Supreme Court to Jail for six
months for commenting on a cause
while it was pending before the court,
so the court said. But the real reason
was that they had villainously and
outrageously abused and slandered the
court, and directly endeavored to in
fluence its action. Why didn't the
court have the candor and courage to
punish these newspaper writers for
their offensive and Improper conduct,
and not hide its actual motive in a
decision, or Judgment, or ruling, of
well-nigh impenetrable technicality?
But that is a way courts have.
Of course no court will ever make
an issue with a critic, newspaper or
otherwise, who is performing his clear
duty of illuminating any matter,
whether before the court or not, by
moderate and respectful discussion,
though, the courts have more than
once asserted the power to punish for
contempt even in such cases. We
therefore beg to assure Mr. Humphries
that we feel no alarm about our com
ment on the Standard Oil case. -
A MAIL-ORDER WIFE.
A dispatch from Omaha tells of a
letter from one of the Zell boys, of
Crook County, writing to the post
master of that city to send him a
wife and promising a reward of a
double-eagle if it Is done. Mr. Zell
is a double-dyed traitor to feminine
Oregon. On the one hand his effort
as an immigration agent is to be
commended, likewise his taste, for
there is nowhere' like Nebraska out
side of the Beaver State where finer
girls, grow; all they need, like vine
and tree, is to be transplanted. But
on the other hand Mr. Zell would
turn down the slogan "Maid in Ore
gon," showing mighty poor Judgment.
He wants something "between 20 and
24, a good housekeeper and of a
sweet and lovable disposition." Those
specifications fit the Oregon girl to a
dot. There is no other kind in all
the land between Tillamook and the
Snake, from the Columbia to Ooose
Lake, waiting for the right man to
propose; but the ethics in the case
keep them silent. Mr. Zell should
know this.
Just as soon as the crop on his
580-acre ranch is laid by and the
Fall rodeo Is over, the young man
should hie him to the Willamette
Valley and spend the Winter getting
acquainted. His proverbial Eastern
Oregon bashfulness will wear off. He
has been on that lonely ranch too long
already, and a trip over the moun
tains will take off the rough edges.
He is evidently of the right sort, and
all he needs is to come over and in
spect the goods. He does not want a
mail-order wife as much as he thinks
he does. Besides, it's pretty risky.
Once there was an Idaho man who
got an Iowa girl for wife through
correspondence. When she got off
the cars in the Gem State he thought
he had drawn the capital prize In the
matrimonial lottery. She weighed
240. She made him a, good wife, of
course, yet he always retained his
first Impression.
Young Mr. Zell would better be
ware. SOWING COVER CROPS.
At this season of the year horticul
tural papers are urging upon fruit
growers the Importance of sowing
cover crops in their orchards, and the
subject is one to which the growers
may well give attention. In a very
large portion of the fruitgrowing sec
tions the soil has been given clean
cultivation until, almost devoid of
humus, it is lifeless, and during the
Summer is naturally hard and dry.
Only the most thorough cultivation
will loosen such soil and conserve
the moisture. Most growers now rec
ognize the need of restoring humus to
the soil, but they neglect taking the
necessary steps at the proper season
of the year to accomplish the desired
end.
A cover crop is one sown in the
Fall with the intention that it shall be
plowed under as late In the Spring as
weather conditions will permit. In
orchards that have been making a
poor, growth a leguminous crop Is
best, for thus nitrogen will be sup
plied. The vetch is the crop most
commonly recommended by progres
sive farmers and by Agricultural Col
lege experts. In orchards that have
been making a good growth, rye is
the best cover crop, for It will pro
duce the largest amount of straw be
fore it must be plowed under. TUie
cover crop should be sown in Septem
ber, though occasionally a crop sown
In August will be successful. The
danger is that a crop sown too early
will germinate and spring up after an
early rain, only to be killed by suc
ceeding hot weather. A crop sown too
late in the Fall will not make the
growth desired, and when' it must be
plowed under in the Spring there will
be such a small amount of vegetation
that the results do not Justify the ex
pense. Seed sown in September will
almost Invariably get a start with the
first September rain and make rapid
growth before the cold weather comes.
A cover crop should be plowed un
der in the 8prlng as late as the season
will permit. If plowed under too
early, much of the growth is lost, and
plowed under too late the soil will
.turn up in clods, causing difficulty In
working down to a fine mulch, and
perhaps causing Injury to the fruit
trees by reason of the soil drying out
too rapidly. In an early Spring the
vetch should be plowed under In
April, but in some seasons the first
days of May would do as well. After
the crop has been plowed under the
surface soil should be cultivated until
fine in order to hold the moisture.
The beneficial results of a cover
crop will not be observed until the sec
ond year.- It will then be found that
an orchard where this practice has
been adopted will have a loose, mellow
soil, easily worked and capable of
holding an immense amount of moist
ure. Transformation of the soil under
the system .of cover crop cultivation
is remarkable. Not only do fruit
trees show results in a more rapid
and healthy growth, but the crops of
fruit will be larger and more uniform,
An orchard in which the trees have
become unthrifty, as shown by the
yellow and shriveled foliage in the
Summer, will assume a vigorous ap
pearance under this kind of care.
But, what Is of no small importance,.
the soil becomes mellow, thus making
cultivation much easier and making it
possible to plow an orchard later in
the Spring and to keep It in condition
with much less labor of men and
teams.
Quite likely the production of legu
minous cover crops might be over
done, though there have been no re
ports of experiences of that kind.
Plowing under, a heavy crop of vetch
every year might produce too large a
growth of wood. The cover crop need
not be sown every year, or vetch may
be rotated with rye. The practice to
be followed will vary according to
the condition of the soil. In every or
chard it should 'be remembered that
prevention Is much less costly than
cure, and the practice of sowing cover
crops should . be adopted before the
soil has become lacking in humus.
The man who has planted a young or
chard and who finds his soil In good
condition should not assume that it
will always remain so. Clean cultiva
tion year after year will soon change
the character of the soil very materi
ally. Early adoption of the cover crop
plan will show results in more thrifty
trees.
The subject is one that should be
impressed upon the minds of fruit
growers at this season of the year, for
It is easy to neglect it until too late.
A crop sown in November will make
too small a growth to be of much
benefit. Unless the fruitgrower acts
upon the principle "do it now," the
sowing of a cover crop will be put off
from year to year with effects injuri
ous to his trees.
ALASKA WHEAT.
It is reported that Mr. Abraham
Adams, of Jullaetta, Idaho, aspires to
become a benefactor of the human
race. His ambition is nrble, but It Is
much to be feared that he has chosen
a difficult way to realize it. The
growing ' and Bale of the so-called
Alaska wheat is not likely to be of
much benefit to anybody but Mr. Ad
ams himself unless the latest ac
counts are in grievous error. When
this miraculous cereal was first her
alded to a wondering universe it was
reported that its usual return was
100 bushels to the acre, while some
times it ran up to 220. The actual
facts of the case are not quite In ac
cord with this enchanting tale. Last
year Mr. Adams had a field of thirty
two acres of the Alaska wheat not
far from Jullaetta. From this field
by the account of a presumably
truthful reporter for the Spokesman
Review he cleaned up at the mill 837
bushels, which would make Just
about twenty-six to the acre. It la
upon this slender basis that the mar
velous stories are 'built of the pro
ductiveness of Alaska wheat. The
pity of It is that multitudes of farm
ers have been enticed by misleading
reports to pay fancy prices for the
wheat as seed. One man is said to
have bid Sa for a single head, while
according to the accounts Mr. Adams
expects to sell almost his entire crop
of some 70,000 bushels this season at
$20 a bushel. The probability is that
men who pay this price for Alaska
seed wheat will be sadly disappointed
by their next year's harvest.
Professor E. E. Elliott, of the
Washington State College, at Pull
man, contributes a body of definite
knowledge about Alaska wheat. Ac
cording to him the name of the
wheat is misleading and the tale of
its discovery must be a mistake to
say the least. The tale runs that it
was found growing. Just one lone
stalk of It, in "a fertile Alaskan val
ley," and brought to Juliaetta for the
benefit of mankind.. Professor Elli
ott, who Is an acknowledged author
Ity, declares that no wheat ever
grows wild either in Alaska or In any
other part of the world. And how
absurd it is upon the face of It to say
that one solitary stalk was discov
ered. If there had been a single
plant, the chances are Infinity to one
that there would have been many
others. Professor Elliott also inti
mates pretty plainly that the Alaska
wheat is not very suitable for milling
and Is probably closely allied to cer
tain species grown in Europe for
stock feed. It does not seem to stool
as wheat ought to; it Is deficient In
gluten, and the seed which has been
examined is badly mixed with other
varieties. So much for the facts un
less Professor Elliott Is mistaken,
and he is not likely to be mistaken,
for he has a great reputation at
stake. .
Now comes the Strange part of the
story. There is nothing surprising In
Mr. Adams' desire to sell to the farm
ers a cheap, poorly productive wheat
at an exaggerated price. That trick
has been played many times before,
not only with wheat, but with oats,
apples, potatoes and almost every
thing under heaven. What aston
ishes one Is that Professor Jones,
chemist of the Idaho experiment sta
tion at Moscow, should have assisted,
either by negligence or Intent, in
launching the deplorable project.
Professor Jones, after examining
specimens of the Alaska wheat, wrote
to Mr. Adams that it was probably
"the equal if not the superior of our
bluestem for fiourmaklng purposes";
and again that "it will probably take
rank with the best grade of bluestem
for fiourmaklng purposes." The let
ter from which these extracts are
quoted was written by Professor
Jones before he had seen a milling
test of the wheat, and therefore be- ,
fore he knew anything about its
flouring, value. As a matter of fact,
according to Professor Elliott, , its j
flouring value is trifling. The Orego
nian submits that Professor Jones
was careless, to say the least, to write
this letter to Mr. Adams. He must
have foreseen that it would be sent
far and wide as an advertisement,
and he ought to have known that it
might possibly help forward a
scheme which was not. commendable.
In charity' one has to assume that
Professor Jones was careless and not
mercenary, but even carelessness in a
man with his responsibilities is not to
be pardoned. The farmers have
learned to look to the experiment
stations for the exact scientific truth.
Upon the whole their confidence Is
warranted, but a few such perform
ances as that of Professor Jones in
the matter of the Alaska wheat wil.l
discredit every experiment station in
the country. Perhaps he has some
explanation of his letter which has
not yet been disclosed to the public.
If he has, then there ought -to be an
investigation In order that he may
make it widely known for the sake of
his own reputation and for the good
name of the Moscow experiment station;
MR. BRYAN ON THE TRUSTS.
. Mr. Bryan has discharged the sec
ond great bomb from his magazine.
He has delivered his speech on trusts
and a pretty good speech it is from
his point of view. Frankly reaction
ary, it takes the position that unre
stricted competition Is economically
sound and that the modern forms of
co-operation are to be condemned.
Of course progreslve students cannot
accept this opinion. They are more
in accord with , Mr. Taf fs opinion
that co-operation as exhibited in cor
porate management of business has
already accomplished much for the
world and will accomplish a great
deal more when', we have discovered
how to distribute its advantages
properly.
Mr. Bryan's contention that the
Republican party has encouraged so
cialism cannot be admitted for an
instant. He. refers, of course, to what
has been done under the Roosevelt
administration. The truth is that Mr.
Roosevelt is the only statesman of
the last quarter century who has
done anything effective to stay the
advance of socialism. He has taken
the wind out of the socialists' sails
by recognizing that many of their
complaints are well grounded and
moving to apply proper remedies. It
Is the transcendent merit of Mr.
Roosevelt that he has had the wit to
use remedies when they were needed
Instead of waiting for wrongs to pro
duce revolution. Statesmen who can
do this are rare. The President is
quite as much hated by the social
ists as he is by the Intransigent plu
tocrats, and all because, as Mr. Alger
says in the Independent, he has not
been a "class President," but has ad
ministered -the Government for' the
whole people. What the socialists
want Is a man who will know nobody
but workingmen. The plutocrats
want somebody to stand for dollars
and nothing else. Mr. Roosevelt's in
terest is universal and his sympathy
embraces the whole estate of the Na
tion, including men as well as money.
This disposition of his has been the
one effectual barrier to the progress
of socialism' for half a dozen years,
and it is the attitude which others
must assume if they wish to prevail
against the propaganda.
And how they've started a survey
for a railroad to Hudson's Bay. It
means the opening up of one of the
most isolated parts of the world.
During the short season of naviga
tion it will offer a very short route
from the Canadian Northwest to
Northern European ports. Hudson's
Bay is closer to London than New
York is. ' No doubt the road will be
made to pay.) It will open a large
area for exploitation. Our Canadian
cousins have courage to build steel
highways into regions that Ameri
cans would not consider Inviting.
The Seattle Health Department has
undertaken to discourage the 'practice
of kissing, which prevails in the
Church of the Living God, not be
cause the practice Is Immoral, but be
cause it is unhealthful. It would be
Interesting to see carefully prepared
health statistics giving the number of
cases of disease among members of
that and other churches.
Mr. Harrlman should appreciate the
kindness of Railroad Commissioner
West, who presents him with a con
vincing array of figures which show
that he has made money enough out
of the people of Oregon to build all
the railroads the people want, and
then' some. Perhaps Mr. Harrlman
did not know he had made so much.
Bryan and Kern took the Hoosler
state toy storm yesterday; but can
they carry Indiana again In Novem
ber? Not If Senator Beverldge knows
it, of course. Beverldge will un
doubtedly carry Indiana about six
times 'between now and election.
A Portland man lost his .wife, ad
vertised for her, and found she was
off somewhere suing for divorce.
There's nothing like advertising,
though there are people mean
enough to say that he would have
found it all out anyway.
The Governor told the Coos Bay
people that he could give them no
reason to hope that Harrlman will
build them a railroad. Now he might
go and hold a conference with Hill,
and see what encouragement can be
had from that source.
That Southern Pacific train was
rushing along at the reckless speed
of thirty miles an hour, when it ran
into the bull. There ought to be
some way to limit the speed 'of South
ern Pacific trains in Oregon.
Lillian Russell has found a Prince,
loves him, and threatens to marry
him. There's no way apparently to
cure Lillian of the marrying habit.
The New York powers-that-be have
decided to take Hughes again. "Take"
him? They already have him.
It is reported that the anti-Hughes
men have yielded. Well, what else
was there for them to do?
The Eagles have left Seattle; but
that happy city is Just now entertain
ing another bar association.
Mr. Kern accepted it. W told
you so.
ATTACKS THE SUPREME COURT
Seattle Lawyer' Canattc Comment on
WaahlnKton Tribunal's Decision.
SEATTLE, Wash., Aug. 24. (To the
Editor.) I r.ead The Oregonlan's
editorial of yesterday in regard to
comments upon the decision in the
Standard Oil rebate case, and notice
that wonder Is expressed why it was
that lawyers would quietly submit to
the decision without comment.
Examine the case "of the State of
Washington vs. A. R. Tugwell and F.
R. Baker, 19 Wash. 238, 38 Pac. 864,
and it will be found that it is con
tempt of court to make such charges
as are made in The Oregonlan's
editorial while the petition for re
hearing is pending. The Oregonian is
aware of the fact that the case has
not yet been finally disposed of, and
the lawyer who impugns the motives
of the judges is liable not only to be
punished for contempt, but to be dis
barred from practice consequently the
lawyer is In as bad a fix as a member
of a labor enjoined by a United States
court during a strike. The laborer,
under some decisions, fs hardly al
lowed to breathe, and the lawyer Is not
allowed to comment upon the decision
of the court until after the petition
for rehearing has been passed upon,
and remittitur filed. Then, if he com
ments adversely, he Is liable to get the
Ill-will of the judges and be cut to
pieces in his other cases.
By an examination of the cases of
Hughes vs. O. I. Co., 20 Wash. 294, it
can be seen where the Supreme Court
of Washington, by three of its Judges
reversed the case upon the testimony,
and ordered It dismissed. Two of the
judges and the Jury decided in favor
of the plaintiffs, three of the Judges
decided in favor of the defendant, and
the three being a majority ordered the
case dismissed, which resulted in the
dismissal of more than ten other cases
of similar import. Yet the attorney
representing the plaintiffs had to
quietly submit to the ruling of the
court, although the court had estab
lished the rule thus: "The issue of
contributory negligence Is for the
Jury, where the minds of reasonable
men may differ, as to whether such
negligence exists." Thomas vs.
Issaquah Shingle Company, 88 Pae.
588.
In the case above cited, three of the
Judges by their decision decided that
the two dissenting judges and the 12
Jurors were not "men of reasonable
minds. The constitution or tne state
of Washington. Sec. 21. Article I, reads
thus: "The right of trial by Jury shall
remain inviolate." By Section 611,
Pierce's Washington Code, it is provided
thus: "All cjuestlons of fact other than
those mentioned In the section pre
ceding, shall be decided by the Jury
and all evidence thereon addressed to
them."
By section, 4967, Balllnger's Code,
and section 269, P. W. C it is provid
ed: "An issue of fact in all actions
for the recovery of money only or of
specific real or personal property,
shal be tried by jury." Yet, the court,
in the face of the statute, in the face
of the. constitution, in the face of the
rule stated, by three Judges one way
and two the other, decided that the
minority judges and the 12 Jurors were
men without "reasonable minds," and
the attorneys for the plaintiffs were
not allowed to criticise the court. The
same may be said of the case of Jones
vs. Moran Bros., 88 Pac. 26, which
Is commented upon in note to Doyle
vs. Eschen, 89 Pac. 836, in 65 Central
Law Journal, pages 125 and 126. .
By an examination of the proceed
ings of the Washington State Bar
Association (1907) pp. 63-64, it will be
seen that a resolution was Introduced
reading as foUows:
"Resolved, That it la the opinion of the
State Bar Association that "The right of
trial by Jury shall remain Inviolate." and
that In common law actlona preceding sec
tlon. 610 Pierce's Washington Code, shall
be decided by Jury, and all evidence ad
dressed to them: and 'An issue of fact In
an action for the recovery of money only
or of apeclflo real or personal property
shall be tried by Jury unless the Jury is
waived.
"It is our opinion that all Judgea of
Courts who do not obey the Constitution
and etatutea of this State In regard to
trial by Jury, should be defeated for re
election. We advise the voters of this state
to use all honorable means to defeat In the
next elections all auch Judges "for depriv
ing us in many cases of the benefit of
trial by Jury." We believe the trial by
Jury is as much a necessity as a bulwark
of liberty now, aa it was when the Declara
tion of Independence was written: or when:
"Forest-born Demosthenes, whose thunder
shook the Philip of the Seas." declared In
the Virginia Convention. March 23. 1775:
"Is life so dear, or peace so sweet, aa to
be purchased at the price ' of chains and
slavery? Forbid it. Almighty God. I
know not what course others may take;
but as for me. give me liberty or give me
death."
This resolution was by unanimous
vote of all members present, except
the persons Introducing the resolution,
laid upon the laule, at which time,
as shown by the proceedings, John E.
Humphries said that It was the first
time he ever knew the Declaration of
Independence, the constitution and
statutes of the state and the speech
of Patrick Henry to be tabled In an
American Bar Association.
Lawyers have become so used 'to
submitting to the decisions of courts
that "they are afraid to say anything
about the decision, and are afraid to
comment uoon it. Even if they file a
petition for rehearing and vigorously
attack the decision, they are liable to
have a rule issued against them to
show why they should not be punished
for contempt of court and be forever
disbarred.
If an attorney at law, member of tha
bar of the United States Court, with
Irk the jurisdiction of the court, had
written the editorial published in The
Oregonian he would have run the risk
of losing his liberty and his property,
and suffer his profession to be taken
from him.
A number of lawyers have come to
believe that by fawning upon the
judges of courts and licking their
hands and pretending to be their great
friends, that they can Influence deci
sions In their behalf consequently
they will do nothing to antagonize the
judges. JOHN E. HUMPHRIES.
Senator BrlKSr One Inch From Death.
Trenton (N. J.) Dispatch.
The coolness of United States Senator
Frank O. Briggs saved him from death
under the wheels of a freight train on
the East State-street crossing of the
Pennsylvania Railroad. His automobile
came to a dead stop Just on the crossing
while' a freight was backing down on
him. his chauffeur putting on the emer
gency brakes instead of the fast speed.
The Senator, an old West Point man and
used to danger, signaled the engineer of
the freight his trouble, and the freight
came to a stop an inch from the machine.
Editor La Follette.
New York World.
Senator La Follette now aspires to
figure as the proprietor of a weekly
paper which shall be his personal or
gan. Mr. Bryan has had his Common
er for a mouthpiece. Mr. Watson owns
and edits his magazine. Ex-Governor
Vardaman Issues his sheet from Jack
eon, Miss. Mr. Debs runs a Socialist
publication. Mr. Hearst has his daily
newspapers. Mr. Coler has his Bulletin.
As a promoter of advanced thought,
why-should not Senator La Follette do
likewise?
Nothing Left for the Next Time.
Baltimore American.
The curious are beginning to specu
late what Mr. Bryan has left to put
in his letter of acceptance the next
time he receives his perennial nomina
MONUMENT ON SAWMILL SITE-.
Movement to Commemorate Early Had"
on Bay Enterprise
West Coast Lumberman (Tacoma).
Under the auspices of the Oregon
Historical Society and the Washington
State Historical Society, it is proposed
to erect a monument on the site of
the old Hudson Bay Mill Company's
plant, about 6 miles above the town of
Vancouver, Washington. The lumber
men of the Northwest are asked to
contribute to It. At least $1500 should
be subscribed. The West Coast Lum
berman asks for subscriptions. The
amount of subscriptions will be pub
lished and it Is hoped that lumbermen
will subscribe liberally. Do not remit,
but state amount of subscription. As
soon as sufficient subscriptions have
been made to build a monument, plans
will be drawn -and published. The
monument will be visible irpm boats
on the Columbia river as well as from
trains running on both sides of It. It
is an historic spot and lumbermen of
the Northwest should not hesitate at
helping to build this monument. The
historical societies that are Interested
in this movement are financially weak,
so that most of the expense must be
borne by popular subscription.
Few realize how great Is the debt
this natron owes to old John McLough
lin, who made it possible to take this,
then British country, into the fold of
the United States. He was the man
who gave succor and shelter to the
helpless missionaries, many Of them of
an opposing faith and of another na
tionality. With a nod of his head he
could have exterminated all of these
opposing factors by arousing the In
dians to massacre. Men deemed great
have done such dastardly deeds and
been applauded. So great was the as
sistance that he gave to American Im
migrants that the Hudson Bay Com
pany, by whom he was employed, cen
sured him severely, though he did not
change his hospitable methods. It
would be hard to find in the annals of
history a record of any man doing as
much as he did for a foreign land,
which was In his day almost an open
enemy.
The stone to be erected at the old
mill site, which was built in his day,
will be, in part, at least, some recog
nition of his greatness, his generosity,
and the invaluable assistance he gave
in making this Northwest a portion
of the United States. Unless the lum
bermen of the Northwest respond to
this appeal liberally, the writer will
conclude that he does not know how to
write an appeal. It is not in- any way
a state proposition, but includes the
entire lumber interests of the North
west. LION KILLS BIO CINNAMON BEAR
Desperate Fight to the Death In Cage
at Coney Island Show.
New York Times.
The lion Baltimore and a valuable Rus
sian bear had a fight to the death in the
Bostock animal enclosure at Coney
Island yesterday.
After the lions of Rlnaldo's group were
driven into the .passageway behind the
dens for a performance in the arena, an
attendant entered the bear's den to clean
it, leaving the door of the den open.
A fight took place between Baltimore
and another lion at the arena entrance,
which was not stopped until Rlnaldo had
given Baltimore a hard beating and fired
two revolver shots In the face of the
lions. 'Baltimore became enraged, turned
r) of attacking Rl
naldo, bolted into the passageway making
for his den.
As the door of the bear's den was open
wide it blocked that part of the passage
way, and the lion in its mad rush bound
intA tha hooa Hen. The frlirhtened
attendant made his escape and closed
the door, leaving' the infuriated, lion to
attack the bear.
The bear, a superb specimen of the
giant species of cinnamon, rose on its
hind legs In oelense ana iougni. tne iion.
The fight between them was furious, the
lion biting and clawing, and the bear
biting and hugging the lion.
The attendants rushed to the front of
the den and with iron bars did their
best to separate the animals. Their ef
forts were unsuccessful, as the fight was
to the death. The lion wounded the bear
terribly and the bear dropped to the floor
exhausted. Two vicious bites in the neck
In Its helpless condition finished the
bear. s
Baltimore was then driven from the
bear's den. He was made to go through
his performance later In the day.
Mr. Bryan Hungry for Quaker Money.
New York Times.
A few weeks ago .Mr. Bryan and
Colonel Jim Guffey of Pennsylvania were
blazing with serried columns at one an
other while the friends of humanity
shuddered and the cause of the people
"threw" a fit. It was predicted then by
the cynical that Mr. Bryan would soon
yearn for Colonel Guffey, for the same
reason that he yearned for the Hon.
Roger C. Sullivan of Illinois, whom he
took to his bosom after solemnly casting
him out of the fold; he needed him in
his business.
Sure enough, the messengers of peace
are confabulating. Mr. Bryan is said to
have expressed regret for his "misun
derstanding." His voice trembles with
harmony and his lips flow .with honey.
There are no rancors in the vessel of his
peace. Why should good Democrats
quarrel until after election?
The fact seems to be that the Hon.
James Kerr, the supplanter of Colonel
Guffey, can't raise the" wind he prom
ised. He talked In hundred thousands,
we believe. The last time his subscrip
tion list was shown it called for only
112.000. Colonel Guffey Is a friend of the
Mammon of unrighteousness. He is of
and close to "predatory" wealth, and Mr.
Bryan pines for him.
Thus Is Guffey preferred to Kerr; the
money put above the man.
$13 Fine Coats Town 930,000.
Meadville (Pa.) Dispatch to New York
World.
The aid of Mayor Reltze has been In
voked to save the Malleable Iron Com
pany a $30,000 order. M. Otis Hower, an
Akron, O., manufacturer, came to Mead
ville In his automobile a few days ago
to leave an order with the Malleable
Company, but no sooner had he reached
town than he was arrested for not having
an automobile license.
When taken before the magistrate he
was fined $13. He Immediately paid the
fine and then in a huff left town with
out giving the order. When the incident
became known a number of business men
went to Mayor Reltze and asked him to
remit the fine, "as J30.000 orders aren't
growing on bushes these days."
The Mayor at once wrote a letter of
apology to - Mr. Hower and sent him a
check for $13. The Meadville business
men hoped this would appease him, but
he hasn't returned.
Thinks Hla Wife la a Ghost.
Baltimore News.
Mrs. William Griffith, of Tuscola. 111.,
wife of "Matt" Campbell, divorced, sent
a false report to Campbell, saying she
was about to .kill herself and that her
body would arrive on a certain train.
Campbell had a heame and mourners at
the. station, and when the woman arrived
later In good health he thought she was
a ghost.
Puabea Baby Carriage 800 Miles.
1 Pittsburg Dispatch.
John Henry Porter, who started with
his family from Redbank. Pa., March 4,
in search of work, has arrived at Pontiac,
111., 900 miles, the father pushing a baby
carriage containing a( 15-months-old child
all the way. Porter" has not met with
success.
MENACE IN THE MILK SUPPLY
To Banish Disease from Latter, Enforce
System of Pasteurisation.
U. S. Department of Agriculture Report.
The year book of the United States
Department of Agriculture, Just issued,
contains an Illustrated article on milk
and Infectious diseases from which the
following extracts are made. The ob
vious lesson tatiKht from the state
ments set forth below is that raw milk
in such cities as New York Is an un
safe beverage.
As has been repeatedly pointed out
before the simplest, cheapest and sure
est way of minimizing these dangers
Is properly performed pasteurization
of the entire low-grade milk supply
of the city. Until this result Is
achieved infected milk will continue to
be a more or less potent factor in the
annual mortality statistics:
"It is now generally recognized that
many of the diseases which may be
communicated from one person to an
nother are caused by specific bacteria.
The organisms causing some of these
diseases have not yet been discovered,
but the causal bacteria, of many have
been Isolated and studied in detail. ' Some
of these diseases occur usually only In hu
man beings, others occur usually In ani
mals, while others may occur with equal
frequency in both man and animal. It
is well known that certain diseases
are sometimes disseminated through
milk. By this means an epidemic may
appear suddenly and last for a com
paratively short time, or the infection
may be continued for a long period and
the development of the disease be so
slow and obscure that the source is
unknown.
"TubeVculosis Js an example of the
latter class. So much In regard to this
disease is Btill unknown, so many wide
ly separated views are held, even by
those most familiar with the subject,
that it is impossible to make positive
statements. However, tuberculosis has
been studied in such detail that many
facts have been well- established, and
many theories advanced are so prob
able that they cannot be disregarded
until they are disproved. The question
of the identity of tuberculosis of man
with that of animals has been raised,
and while It is not yet accepted as a
fact by all investigators, a large ma
jority of the people whose opinion has
weight believe that the two diseases
are identical The tendency
among those who are studying the
question most carefully is to consider
milk as a serious source of danger (to
human beings.)
"A number of epidemics of diphtheria
and scarlet fever have been traced to
the milk supply. In diseases of this
nature the milk Is infected by some
one suffering from an attack of the
disease or through some one who has
been In contact with the patient. Ob
viously no one suffering from a con
tagious disease or one who is caring
for a diseased person should be allowed
to go near the stables or milk room or
handle milk utensils. Typhoid fever,
while not classed as a contagious dis
ease. Is communicated from one person
to another. The ordinary channel of
communication is generally considered
to be the drinking water, which may
be contaminated by sewage, but occa
sionally it is disseminated through the
food. Milk may become infected with
this disease in various ways . . . and
milk is an excellent place for growth
of disease bacteria.
"In this connection must be consid
ered the Summer intestinal diseases of
children. While the specific bacteria
causing these troubles have not been
recognised In all cases, it Is generally
accepted that they are carried by the
milk and that this is tne important lec
tor In their control. It has been proved
by careful observation and statistics
that the death rate among babies In
crowded cities can be materially less
ened by supplying them with good
milk."
Cruel Law May Mar Rooaevelfa Hunt.
Washington. D. C. Dispatch.
; To think of the possibility that Presi
dent Roosevelt's hunting trip In Africa
should be Interfered with because of
some picayunish vice-regal magistrate's .
compunctions about issuing a hunter's
license!
That's the sorrowful suggestion ad
vanced by Dr. Edward Bedloe of Wash
ington. D. C, Just back from spending
the better part.of a year in Africa. Dr.
Bedloe says the Africans are awfully In
terested in the coming of the President,
but really, as elephants and rhinoceroses
and hippopotamuses and tigers and such
like are among the most valuable natural
resources of the country, and as the sup
ply is being worked out pretty fast.- the
folks aren't sure whether it would be
good business to turn loose so mighty a
slayer as the President without some
limit on the destruction he would perpe
trate. ...
It appears from the statement of Dr.
Bedloe that these Africans are not a
whit behind some other countries in
conservation of natural resources. They
have discovered that acres and acres of
people are anxious to come Into their
midst in order to take pictures of their
wild animals and make photographs of
them and capture them for circuses and
menageries; and they find, moreover,
that the nature fakers are a fine source
of revenue.
Lawn Patch $03,000 per Square Foot.
Beau Broadway in New York Telegraph.
There is only one patch of lawn along
the whole length of New York's "Great
White Way. and It Is more than prob
able that not one In a hundred of those
who pass It dally has ever noticed It.
It's near the Astor hotel. A little plot
about 10x20 feet. After great expense
and several years of effort the manager
succeeded in evolving the only lawn on
the White Way. And maybe he Isn't
proud of It! Why. if any profane foot
would dare to press those tiny blades of
grass there'd be a hurry call for the re
serves. It is the only one and there will
probably never be another. That lawn
Is the highest priced one in the world.
It Is worth something like $65,000 per
square foot
e - i
Both Gracefully Accepted.
Baltimore Sun.
Mr. Bryan accepted his own platform
with the same grace he accepted the
nomination.
The Old Record Broken.
Puck.
How dear to this heart la the phonograph's
singing!
What fond recollections my memory
stir!
Sweet Jane doea the winding and turns on
the music
tvhlle I sit and tell her the tunee I
prefer. ,
But. oh. how it tears my nerve system to
tatters.
Oh. how it deranges my comfort and
biles.
When Jane idly slips on an old broken
record
Which reels off a sons that sounds some
thing; like this:
"The old oaka - ka - ka bucka - bucka-bueka-
Ir-r-r-r-r-r bou-wow-wow (crick ucket)
" ... " (crick, crick, crick ooooo)
Tha hunk-k-k-k- (b r) w-e-lel "
My stock of canned music I hall as a trea
sure :
For often when callers appear on tha
scene
And topics are scarce. It Is truly a pleas
ure To bring out our dear little talking ma
chine. The time passes quickly and every one's
happy;
The phonograph pleases till Jane, so re
miss. Forgets about winding the works of tha
treasure. ,
Which drawls out a tune that goes some
thing like this:
"Be eee i-i-l-it eeeeeee ver a o
Ha-ha hum b-b-b-b-hl e
T h e rererere s n o
PI pi pi place 1 1 k e h o