THE MORNING OREGOXIAN. -FRIDAY, SEPTE3IBER 25, 1903.
PORTLAND. OKEGOX.
Entered at Portland. Oregon. Poetorflc as
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PORTLAND, FRIDAY. frKPT. ZS, 190.
GOVERNOR HASKKI.L
Governor Haskell's reply to Mr,
Roosevelt will convince no intelligent
person of his Innocence. The logic
of bis letter, is futile and its spirit is
bad. The accusations against him
re so serious that if they go without
disproof they will ruin his reputation
and drive him out of public life. This
he must certainly know, and yet Jn
answering them he affects an evasive
and jocular style, as If the matter
were of little moment. Arraigned by
(he President for base betrayal of the
Interests of his state, he gibes and
palters. Instead of indignant denials
he treats us to Jesting. quip. He of
fers no proof of his Innocence, but
gives us in place of It the disingenuous
retorts of a village wag. Heretofore
Governor Haskell, of Oklahoma, has
been rather a vague figure in the pub
lic eye. That he was a man of un
settled principles who was probably
playing upon the radical wishes of the
Oklahoma people for purposes of his
own seemed clear enough, but nobody
cared to accuse him of deep and de
liberate villainy.
The public was aware of rumors
which connected Governor Haskell
with the everlasting Standard Oil
scandals In Ohio, but in its uncon
querable good nature it was inclined
to forget them. Some persons accuse
the American people of being too sus
picious. They say we do not trust
our public men as we ought. The fact
Is that we are not suspicious enough.
We pass over deeds which ought to
make the men who commit them In
famous. We forget too easily; we
forgive too readily. Governor Has
kell Is an illustration of the results
of this National Inclination to take
men at their own valuation and lay
up nothing against them. It is evi
dent now not only that he was a paid
creature of the Standard Oil Company
years ago In Ohio and took the money
of the monopoly in return for the
basest services, but that he has never
left its employment. A Standard Oil
hireling he was when he ran for Gov
ernor of Oklahoma, and all his lurid
speeches against the trusts were but
froth and foam. They were little arts
of his which he practiced to deceive
the people whom he professed to love
so dearly. When he wrote Mr. Bryan's
platform he was still a hireling, and
all the eloquent denunciations of the
monopolies in that document are but
so much noise meant to cover secret
promises of favor to Standard Oil and
the rest of the noxious brood.
Governor Haskell seems to be an
almost perfect example of the most
dangerous character who can exist
under a popular government. He is
a man who adopts radical ideas and
pushes them to the extreme limit,
not because he believes in them, but
.because he sees how he can make
them carry him into office. And while
he openly advocates the cause of the
people, he secretly betrays them to
their enemies. False In his profes
sions, treacherous in his conduct, in
sidiously plausible in his manner, he
makes the best impulses of the people
the means of their destruction and
blackens political virtue itself by the
smudge of his villainous Imitation of
It. Demagogue Is not the proper name
for such a man. The demagogue Is
rash and dangerous, but he is at least
In earnest. He does not hire the peo
ple for the purpose of deliberately
deceiving them. He does not gain
their confidence with the cool intent
to sell it for cash. This, however,
Is precisely what Governor Haskell
seems to have done. Unfortunately
the Knglish language has thus far
provided no fit name for such charac
ters. They have been so rare in our
' history that no name was needed until
lately, but as the relations between
the Standard Oil Company and Its
creatures develop, and one public man
after another turns out to have be
trayed the country to this detestable
spring of corruption, somebody will
have to Invent an appropriate title for
the Forakers. Haskells and Baileys.
Traitor will not quite do, because a
traitor sells his country to foreign
enemies, while these unnatural chil
dren have sold their mother to thieves
within the household.
Mr. Haskell's conduct In every di
rection seems to prove that he does
not know what sincerity means. The
Democratic party entered this cam
paign as the friend and champion of
labor above everything else. Mr.
Bryan loses no chance to weep over
the wrongs of the sons of toil . and
makes promises without end to ease
them of all their burdens if they will
only elect him President. He has no
other way to fulfill those promises
than by the help of his party friends.
Mr. Haskell is perhaps the most con
spicuous and typical of those friends.
How does he show his love for the
workingman? By vetoing a child la
bor bill. If there is one thing that
labor most emphatically demands it
Is the abolishment of the iniquitous
system of grinding profits from the
bones and blood of little children, but
when a bill for this purpose passes
the Legislature of Oklahoma Gover
nor Haskell vetoes it because, as he
fatuously says, "it goes too far." Evi
dently the Oklahoma bill was so
drawn as to mean something, while
the promises and professions of Mr.
Haskell and all his tribe mean nothing
at all. There is not one atom of sin
cerity in a solitary promise of the
Democratic party to labor. Puncture
Its loud professions one after another
and they will all be found Just as hol
low as Governor Haskell's. If Mr.
Bryan keeps such a man at the head
of Ms campaign committee, how can
he expect honest men of any class to
support him? If he discards all the
Haskells, who will be left to manage
his campaign?
JI ST WHAT IT MEANS.
"What does The Oregonian mean
by a strong government, a centralized
government, a government of author
ity and power?" This question is
pressed upon The Oregonian. The
answer is simple.
The Oregonian means a government
strong enough to quell any local re
bellion, even of a dozen states; a gov
ernment that can open a way with
Gatling guns through Chicago, Sacra
mento, Richmond or New Orleans,
when necessary; a government able
to defy local mobs and state mobs and
all sorts of obstructive combinations,
and enforce national authority every
where within its territory and Jurisdic
tion; a government strong enough to
push such system of internal im
provement as may be useful for the
people at large, and willing to open
and keep open our ports and harbors
to commerce and to interstate move
ment of freight and travel; a govern
ment that has ability and intelligence
and purpose to maintain a settled
money standard, and to keep its flag
afloat in its outlying Insular posses
sions. And a government that is strong
enough to deal with vast combina
tions of capital, like those of Standard
Oil, the steel trust and the great rail
road combines, the beef trust, the su
gar trust and every other trust that
does an interstate and monopoly busi
ness; a government not only that has
the power, but the willingness-and dis
position to do these and other like
things. In short, such a government as
President Roosevelt has given the
country though checked by many ob
stacles, and such a government as Mr.
Taft may be relied on to continue. If
elected.
WHY ARE THEY SO ANdRTf
The rage and fury with which pub
lication by The Oregonian of those
639 names of change-coat Democrats
has been received by the puny Deino
ocratic press of Oregon would appear
to show that facts hurt. Undoubtedly
there may be Democrats who in good
faith change from one party to an
other; but there must be a satisfactory
exhibition of such good faith. Some
a few, not many have been able to
explain convincingly why they left one
party and Joined, or pretended to Join,
another. It is well, and they are, of
course, welcome. But it is the fact
that the great body of the 639, and all
others like them throughout Oregon,
who registered as Democrats In 1906
and as Republicans in 1908, were in
spired by no honest or worthy pur
pose, and went to the Republican pri
mary and voted there to make mis
chief and for no other purpose. They
are not Republicans, never were, never
will be and never will want to be.
All they want is to wreck the Repub
lican party, and give the Democratic
party an opportunity to ride over the
ruins In triumph to victory.
When a man registers as a Demo
crat one year and as a Republican
the next, it Is up to him to explain.
If. when he explains, as one brother
did, that he joined the Republican
party to vote for Fulton, but later
voted for Chamberlain, he is not a
Republican and it is a piece of extra
ordinary impudence for him to say that
ho is, or that he "Joined the party in
good faith." Good faith isn't in him
or his kind.
ROOSEVELT RESTORING CONFIDENCE.
A decisive and substantail advance
In the prices of nearly all of the lead
ing industrial and railroad securities
yesterday Is a tribute to the tremen
dous influence wielded by President
Roosevelt. The President's startling
denunciation of Haskell and his Stand
ard Oil associations has had the effect
of injecting some life into a campaign
which under the mild-mannered man
agement of Mr. Hitchcock, Ifas been
drifting into a state of lethargy. Wall
street has not Infrequently in the past
hurled imprecations on the Chief Ex
ecutive for some of the drastic reforms
which he has set in motion, but his
sincerity of purpose has never been
doubted. The legitimate holders of
railroad and industrial securities know
to an absolute certainty that under
Taft's administration there will be no
"ghost dancing" over free silver, Gov
ernment nwnershlD of railroads, wild-
eyed banking reforms, or anything of
a similar nature to disturb the natural
and much-needed tranquillity of the
business situation.
But for weeks these legitimate hold
ers of the principal securities of the
country have been much disturbed
the nosslbllltv of Bryan's elec
tion. These fears have been used to
advantage by stock market manipu
lators to such an extent that all lines
of railroad and industrial securities
have been dragging in the market at
a time when the supply of cheap
money was abnormally large. But
n-oii street, which to its sorrow has
had more than one demonstration of
the Roosevelt power with the people.
Is perfectly familiar with the tremen
dous influence of the Chief Executive,
and the moment he makes a show of
using that power for the purpose of
protecting the people from a grand
bunco game that is now being engi
neered bv the Bryan-Haskell element
of the Democratic party, fear regard
ing ,h future is immediately dispelled.
A few of the more intelligent Demo
crats, who by industry and thrift have
accumulated property and have a per
sonal interest In the maintenance of a
stable currency system and a business
like administration, seek to excuse an
attitude favorable to Bryan on the
ground that, even should he be elect
ed, his power will be curtailed by a
Republican House and Senate. This
might be true for the first two years of
a Bryan administration, but the mischief-making
powers of Bryan the
President would be so much greater
than those of Bryan the unofficial agi
tator, that another two years might
witness a change In the political com
plexion of the House and Senate.
Chamberlain the District Attorney
could do but little in changing Oregon
from a Republican to a Democratic
state, but Chamberlain the Governor
was in a position to place It in the
doubtful column, and It is not Improb
able that Chamberlain the Senator,
especially if Bryan is elected, may
keep Oregon in the Democratic column
for a while.
Bryan, not being a non-partisan,
may not succeed In electing a Demo
cratic House and Senate, but his power
for mischief will be so greatly en
hanced by his election that there will
be nervousness and distrust In the
financial and Industrial world until a
few more blasts from Roosevelt leave
the result of the election no longer In
serious doubt.
THE HEIRDOM.
Roosevelt Is an advocate of Taft,
because he knows that Taft would
carry out all his policies. Roosevelt
cut himself off from the succession,
because he could not break away
from, or break over, the two-term
principle. It was remarkable self-abnegation.
He now could be the can
didate again, and there would scarcely
be an appearance of opposition, if he
were. But he respected the two-term
sentiment, and could not be the can
didate. In his recommendation of Taft he
declares that the Roosevelt policies
are not only the Taft policies, but
the two are so intertwined and inter
woven that it Is not certain they were
not the Taft policies before they were
the Roosevelt policies. Taft, then, is
not the echo or shadow of Roosevelt.
He stands, on his own ground, on his
own individuality, for all that Roose
velt stands for; and it was by Taft's
counsel and assistance that the Roose
velt policies were developed.
Who should know about this? Who
can know so much about It as Roose
velt himself?
No man of our time has had such
popularity as Roosevelt. But he has
refused to break with a custom that
has hardened Into a principle. He has
refused to be a candidate for a third
term, which he could have had more
easily than the asking he could have
had it by his own consent. But he put
It behind him. He would not break
with the tradition.
But what he says to the American
people is, that if they wish the poli
cies he has instituted to be carried out,
Taft. is the man who. will do it, not
Bryan. whose ultra-impracticable
methods would defeat the purpose.
We find in the current issue of Suc
cess, the well-known magazine, an ar
ticle under the title, "Why the Presi
dent Is for Taft," written by Henry
Beach Needham." In it Mr. Roosevelt
appears in direct quotation marks and
gives the Republican candidate the
credit that is his due for early thinking
on the subjects which recently have
moved the country to action. "When
I became Governor of New York,"
says Mr. Roosevelt, "and was con
fronted with new and perplexing prob
lems, I turned Instinctively to Taft. I
knew that we approached public
questions at the same angle, and I
wished to benefit from his sane, fair
Judgment." The President states that
in his fight for the bill to tax publlo
corporations on their valuable fran
chises he was made sure of his ground
only after consultation with Judge
Taft. Roosevelt continues: . "I con
sider the franchise tax law a part of
my general policies of railroad regula
tion and corporation control. In view,
therefore, of the experiences I have
cited, you can understand me fully
when I say that Taft knows my poli
cies. They are as much his as mine.
And he will carry them out as he
promised to do in his letter of accept
ance." Now it is coming to be sufficiently
known that Mr. Bryan is not the
"heir." Now, however, he affects to
scout the heirdom, and to heap con
tempt upon It the heirdom which
only a little while ago he so proudly
claimed. -
ANOTHER FIT.
There are two classes of people who
will rejoice over the proposed "en
forcement" of the Sunday law in Port
land, namely, big simpletons and
bigger simpletons. The big simpletons
will rejoice because they fondly imag
ine that the enforcement of this law
will promote virtue. The bigger sim
pletons 'Will rejoice because they still
more fondly imagine that the enforce
ment will be real, and not deceptive.
Laws of this sort have always proved
in practice to be instruments of black
mail, and they are not likely In this
case to be anything else. What we
shall see as the farce progresses will
be the closing of the news-stands, the
apple shops and the bootblack booths,
while Buch saloon-keepers as may pay
the required blackmail will continue
their business in some way. Instead
of encouraging virtue, the enforce
ment of the law will simply add one
more impulse toward vice. Almost
every resort where a man might divert
himself innocently will be closed, but
the dens of evil will not be disturbed.
Plainly the main purpose of this
sudden spasm of virtue is to make po
litical capital. Some time we may see
the day when our laws shall be so ra
tional that no decent man can refuse
obedience to them, so clear that no
Intelligent man can fall to understand
them, and so well enforced that no
person can find profit in violating
them; but that day is not yet. Such
laws as we have against vicious prac
tices produce hardly any other result
than to afford venal officials an oppor
tunity to sell the privilege of breaking
them, though it must be admitted that
they also afford third-rate politicians
an opportunity to humbug the people
by pretending to enforce them. It is
true enough that every law, no matter
how silly it is. ought to be enforced,
and that executive officers ought to
have no discretion about it: but the
persons who gravely publish platitudes
of this sort know better than anybody
else that there is no intention to en
force the law in reality. All that will
be done will be to create a deceptive
appearance of enforcement.
The British steamship Aeon, which
sailed from Portland with a cargo of
lumber, was lost last month on a reef
in the South Pacific, and the French
bark Vendee, with a cargo of wheat
from Portland, has Just been wrecked
on Wollaston Island. In the old days
before the foreign underwriters re
garded Portland as Important enough
to deserve fair treatment, all such
wrecks were charged up against the
Columbia River. Now that this port
is on the map and increasing in prom
inence, the only effect of these wrecks
on the port is to call the attention of
the world to the fact that Portland
floats so many cargoes for all parts
of the known world that some of them
are occasionally lost.
It Is perhaps fortunate from a the
atrical standpoint that Maxine Elliott
and Nat Goodwin are playing with
separate companies, for it would be a
waste of advertising if all of this pub
licity could draw through only one
box" office. So far as the previous
matrimonial adventures of the pair
are concerned, it seems to be a case
of "horse and horse." Nat Goodwin
Is fully as disreputable as he is tal-
ented, and Maxlne's matrimonial al
liances have attracted nearly as much
attention as her beauty. Nat dis
carded one of his wives because she
was not as beautiful as Maxine, who
was then his leading lady and Maxine
divorced her first husband because he
was a baseball player, and had less
money than the ancient millionaire
she afterwards married. If the Amer
ican stage depended on such stars as
Nat Goodwin and Maxine Elliott for
its elevation It would soon land In the
cellar.
Portland bank clearings for the first
three days of the week were J3.786,
745, compared with $3,551,021 for the
same date last year. This is a re
markably good showing when It Is re
called that at this time last year we
were floating on the top wave of a
prosperity that had not yet felt the
breath of the coming panic. Another
feature which makes the showing even
more favorable is the unsettling in
fluence of the coming Presidential
campaign which was not in evidence
last year. The increases that are
shown in bank clearings have been
scored in the face of a general policy
of caution on the part of the banks,
and with a large amount of idle cap
ital which will be held off the market
and out of investment until after the
November elections. Unless the re
sult of the election should be unfa
vorable, there will be a sudden revival
which will make all previous bank
clearing records appear small.
No Bryan Journal in the Northwest
nor, we think. In the Pacific States,
prints the political news of both parr
ties. The Oregonian does it steadily,
and thus far it has given even more
space to the Bryan than to the Taft
campaign. And everything is given
impartially by The Oregonian, while
the Bryan papers give little or noth
ing of the news and speeches on the
Republican side. The Oregonian is
simply a newspaper and has no other
function or purpose than that of Jour
nalism. Included In this function or
purpose is, of course, its own exposi
tion and interpretation, through its
editorial writing, of news and events
and of matters under publlo discus
sion. But it prints all the available
news of the proceedings of all parties,
and readers within the range of a
Pacific Coast paper can get all the
news nowhere else.
Dr. Alida C. Avery, a pioneer In the
ranks of women in medicine, and well
known as a consistent and practical
advocate of the right of woman to
do anything that she can do accepta
bly and profitably, died a few days
ago at her home in San Jose at the
age of 76 years. Like Susan B. An
thony, this exponent of political. In
dustrial and professional equality for
women, passed on without witnessing
the full fruition of their hopes, but
the changes that took place during
her long life along these lines must
have been gratifying to one so ener
getic in her contention as she had
ever been. Dr. Avery was widely
known and highly respected in her
profession and went peacefully to her
rest after a long, strenuous and useful
life.
The Yamhill County Fair held at
McMinnville attracted a crowd of 6000
people on the opening day. McMinn
ville is not as large as Portland, but
the support given the fair was about
four times as great as that extended
to the Pacific National show In this
city. In size and character of the ex
hibits, without in any manner dis
paraging the McMinnville exhibition,
the Portland show is as much greater
than that of McMinnville as this city
is greater than the Yamhill County
metropolis. Comparisons are not
pleasant, but by following them out
a little farther it might be said that
the evidence so far as it has been col
lected indicates that public spirit in
McMinnville Is a few thousand per
cent higher than in Portland.
Mrs. Hannah Mason, widow of the
late ex-Mayor Mason, whose death
occurred at her home in this city a
few days ago, proved the quality of
the philanthrophy for which she had
been known in life, by devising a mod
icum of the modest fortune which
she possessed to some of the most
worthy and helpful charitable insti
tutions of this city. Portland has
been fortunate in receiving bequeBts
from women of means who have tes
tified to the womanly instinct of love
for home and a desire to help the
helpless and who have devised large
sums for the public good. The name
Hannah Mason is by the terms of her
will added to the list that already con
tained those of Ella M. Smith, Aman
da Reed and Rosa F. Burrell.
Do we want a naval force in the
Pacific? Then we don't want Bryan.
Do we desire to be prepared against
emergencies In the Pacific? Then we
don't want Bryan. Do we desire to
push trade in the Pacific, and to hold
the Hawaiian and Philippine Islands
as means to this end? Then we don't
want Bryan.
Possibly Mr. Bryan may have occa
sion to remember that one D. B. Hill,
who is to manage his New York cam
paign, once managed a New York
campaign so skillfully and successfully
that he (Hill) was elected Governor,
though the Democratic candidate for
President lost the state and the Presi
dency. Bryan tried to pose as the heir of
Roosevelt, the shadow of Roosevelt.
But Roosevelt shows there is Immense
HirForr.nre between himself and Bryan.
Then Bryan denounces Taft as the
"shadow of Roosevelt,' ana eans nim
"Roosevelt's appointee." Ingratitude,
thou marble-hearted fiend!
Mnvnr Lane thinks that ten good
policemen will make the North End
a real paradise, jno aouoi. xeu is
the right number. Just think what
Sodom might have been with ten
righteous men.
Somebody writes to ask The Orego
nian whv it wants Cannon defeated.
It doesn't. It merely wants him hob
bled, and scared Just a little, and
beaten for Speaker, and a few things
like that.
Assured by the Bryan organ that
the state registration is without guile,
perfect in detail and results. Repub
licans may now confidently expect 62,
133 plurality for Taft over Bryan.
til ii a BnnHavs and no red lights for
Portland. Yet we don't Beem to be I
happy about it, 1
GETS IOXG TERM IX JAIL
Allen Collie, Who Beat Woman, Is
Sentenced to 13 Years.
Twelve years In the Penitentiary.
That was 'the awakening from " a
drunken revel which Harry Allen Collie
had yesterday. One night in July, ha
got drunk, broke into a suburban house
and assaulted a woman of 67 years.
Since that time he has declared he has
not the slightest recollection of anything
he did on the unluoky night.
"I'll never serve a day In the Peni
tentiaryI'll kill myself and you can't
stop me from It." Collie told Sheriff
Stevens while being taken from Circuit
Judge Gantenbein's courtroom to the
County Jail for safekeeping.
"I've made a blunder of life and with
12 years In Jail ahead there's no use of
my trying to go any further," the young
man added, "and I'll end' it the first
chance I get."
Because of this threat special watch
was kept over Collie last night. He
made the threats in such a quiet way
and took the court's order with such
stoicism that the officers gave him credit
for meaning what he said. , Extra man
acles will be plaoed on him when he is
taken to the state prison today to begin
his long term.
Collie is but 25 years old. While the
offense was the first one it was suffi
ciently heinous, in the court's belief, to
warrant a heavy penalty. Collie beat
and assaulted the old woman In the case
and maltreated her for the greater part
of a night. He got Into her place by
beating In the door of her home. Drunk,
he went to sleep In the house, and the
police were called by the victim- They
arrested Collie, told him of what he had
done and he seemed genuinely aston
ished. He said he hadn't the least rec
ollection of what had happened and
didn't believe himself capable of any
Buch conduct. He made little or no de
fence when put on trial.
The proceedings which ended Collie's
career for the next 12 years were very
brief and unmarked by display of feel
ing of any kind. Judge Gantenbeln asked
him if he was ready to receive sentence.
Collie said he was and stood up. The
words "twelve years" made no percepti
ble effect on him. He must have felt the
shock but seemingly was prepared to
face anvthlng. He turned at once and
walked down to the- Jail with Sheriff
Stevens. When he spoke of killing him
self he did it in such e. quiet and im
pressive way that the Sheriff took pre
cautions to prevent any such cheating
of the law.
WHITNEY'S BAIL IS INCREASED
Dentist, TJnable to Secure Bonds,
Goes to JaiL
Dr. O. B. Whitney, the young Forest
Grove dentist who must stand trial on a
charge of manslaughter growing out of
the death of his fiancee, Mabel Wirtz, is
back in Jail. When he was taken before
Circuit Judge Gantenbeln, yesterday fore
noon, for arraignment, the Court held
that the young fellow's bond should be
Increased from $1000 to $3000.
"I can't possibly raise the sum of
$3000," Whitney protested, but the Judge
did not seem to be moved by that fact.
He said that since an indictment had been
returned by the grand Jury charging
manslaughter the sum of $3000 was the
smallest bond that should be accepted.
Inasmuch as Whitney couldn't produce
the bond at once, he was surrendered to
the custody of the Sheriff, who locked
him in a cell In the County Jail. He did
not plead to the indictment, asking to be
allowed until Monday.
Grand Jury Again Reports.
Five more indictments were returned
yesterday by the county grand jury. All
are in minor criminal cases. Four "not
true bills" were likewise returned. The
Indicted quintet ere: M. F. Copley, Eu
gene Bachelor, Otto Tanberg and Tom
Shock, charged with contributing to the
delinquency of'a minor female child, and
George Markham, charged with obtaining
money by false pretenses.
Those acquitted by the grand Jury are
W. W. Reading, two charges of selling
vulgar pictures; Hermand Schwartz, pass
ing a forged check, and William Wroten,
allowing a minor female in his saloon.
Seek to Enjoin City.
An order enjoining the city from selling
the property of the Eliza A. Carson heirs
for delinquent street assessments was
asked of the Circuit Court yesterday by
J. D. Carson and other heirs. It is set
out that the city failed to comply with
certain technical requirements, such as
publishing notice of the Intended assess
ments in the official paper. The lots have
already been advertised for sale by
Treasurer J. E. Werleln, which are locat
ed on Front street, between Woods and
Grover streets.
SETTLERS
WIX
POINT
Made Party to Federal Stilt to An
nul Land Grant.
In the case of the United States
against the Oregon & California Rail
road Company et al. the Government
takes the stand that the terms of the
grant allowing the railroad alternate
sections of land along Its route have
been violated. Attorneys for 628 appli
cants for land along the road made a
motion In the United States Court yes
terday praying to intervene and be
made parties In the suit. The court
granted the petition.
A. C. Woodcock, D. R. Murphy and A.
C. Farren are the attorneys represent
ing the petitioners. In the petition It
it denied that the United States Court
has authority to declare forfeited that
portion of the land grant for which
regular application has been filed for
the 160 acres each, the right being
iAw. Ua Dnnllitanta linger the act of
Congress creating the grant. The peti
tioners represent ixiat eucu vi uiem
made application for the acquisition of
not more than 160 acres, and offered
the railroad company $2.50 an acre in
payment. The railroad company, it Is
contended, declined to accept the prof-
navmAn- ATid the netltinners
claim an estate interest by having
made the proner in gooa mini, mm nuw
are ready to settle upon the lands and
improve the same.
The petitioners asked that the court
enter an order compelling the company
to accept the payments and issue deeds.
ryi. a,?, that h ratlrnoH fnmnftnv
has already sold tracts of more than
160 acres and at a nigner price man
$2.60 an acre. Special Prosecuting At
tornev Townsend has charge of the
case for the Government.
ATTEMPT TO QUASH CASES
Kribs and.-Pnter Plead Statute of
Limitations.
The statute of limitation is the basis
of the plea of Kribs. Puter et al. to
have cases against them in the United
States courts dismissed. Attorneys for
the defendants appeared before Judge
Wolverton yesterday, and in making the
motion represented that the statute had
run by reason of the failure of the United
States Marshal to serve the subpenas
within the statutory period. It is the
object of the defendants, apparently, to
escape trial through this means, and bar
the Court from setting aside the patents
already issued.
Ex-Assistant District Attorney cote
was called by the Government to show
that due diligence had been observed In
filing the cases. The defense admitted
that this may be true, but that the statute
had run because of the delay referred to.
The Court took the matter under advisement.
SHALL THE CONSTITUTION BE OBEYED?
Thru How Cam Statement No. 1. or "Mandatory Election of Senator." Have
the Slightest Validity! Aaka JndKe Georare Further Dlaenaalom of the In
teresting Subject of "Untrammeled Learlxlatora."
SEASIDE. Or., Sept. 25. (To the Ed
itor.) I have seen few criticisms of
my article of September 14. Some
answer themselves. When following
the Constitution is termed "fustian"
and "claptrap," no reply is necessary.
References to past Legislatures show
that the article was not really read.
Complaint against the legislative
system is an argument for changing
the Constitution, but none for Ignoring
it; and Inability to affect a change,
no justification for violating law.
One says the "old system" was rot
ton, but surely there Is nothing
necessarily rotten in observing our
National Constitution. Another asserts
because our Constitution permits a
State Legislature, in the absence of
legislation by Congress, temporarily to
prescribe the time, place and manner
of the election of Senators by Legis
latures, and Oregon having "legislat
ed," that the following of the Oregon
law would be following the Federal
Constitution. But Congress has al
ready legislated, and prescribed the
time, place and manner, and how the
members shall individually and col
lectively ballot, and by their viva voce
vote, etc., choose a Senator.
No one ever questions the power of
a state, in the absence of conflicting
legislation by Congress, to regulate,
to some extent, the manner, but such
can never include any power whatso
ever to "Instruct" legislators constitu
tionally vested with their own right
and duty of themselves selecting, nor
to dictate to them for whom they
shall vote.
Law can regulate the manner in
which we in Oregon shall vote, but it
cannot instruct us, nor dictate to us,
nor even require us to promise how we
shall vote. Much less can Oregon "in
struct" constitutional legislators how
they shall vote. A vast difference
there is between some right to regu
late, the manner of elections, and a
power to prescribe who shall be voted
for or elected.
- Besides, the Federal Constitution has
absolutely fixed the privilege, power
and duty of choosing and electing Sen
ators entirely outside of any state con
trol whatever. It has vested It solely
In the Legislature, and this, of course.
takes it entirely away from control of
a state, or any of its people. It guar
antees that the Senate shall be com
posed of members chosen by members
of the Legislature of a state. They
cannot be chosen by the people of any
state, directly or Indirectly, and any
state enactment which attempts it Is
void, and necessarily not law, nor
binding on any one, nor enforceable to
any extent, and every Intelligent news
paper really, knows it.
Not even Congress Itself, that has
full constitutional power to regulate
the manner of Senatorial elections, has
any power whatever to deprive legis
lators of their full and complete
power, or to hamper them at all In
their duty, individually to choose
whomsoever they please.
Even Congress, with all its consti
tutional power, could not transfer this
privilege to the voters, or to the peo
ple of any state. Under the Constitu
tion, legislators have a right to remain
free from any dictation, or hold-up by
any people, or by any voter owing good
citizenship- duty under our supreme
law. It is also as plain as a pikestaff
that - no constitutionally oath-bound
member can divest himself, legally or
morally, by promising away his su
preme privilege and duty to choose,
absolutely himself, unfettered and un
trammeled; and for a law-respecting
voter to attempt to hold-up a mem
ber to shackle himself in his known
constitutional oath-bound duty, such
action, when elected, Is culpable and
contrary to the part 'of good citizen
ship, either to demand or to ask this.
One criticising paper sagely says
"that the legislators make the peo
ple's choice their choice," and that
"the people's choice being their choice,
they obey the Constitution by obeying
the people." In other words, each leg
islator abdicates his own duty to
choose, and allows some one else to
choose for him, and then obeys the
Constitution by foregoing his own
duty, and blindly following the bidding
of another in short, that he does his
constitutional duty by not doing it at
all. And the beauty of it is that it all
seems to be dene "willingly." A hold
up victim who "willingly" says in
effect, "I believe your gun is loaded,
but If you won't shoot I will
'willingly' fork over,1 " and thus he
makes the gun-man's choice his own
"choice."
An overwhelming Republican Legis
lature is to elect a Democrat to our
highest political office because "it's
our Republican legislators' choice
now." Will they do it because It
pleases them? Hardly. They will do
it, if they do it at all, because they
feel fettered and not free to act. The
excuse for them urged Is that it is "the
people's choice." No phrase Is more
absurd. All talk of "people's choice"
In Oregon's Senatorial elections is not
only In utter disregard of the legislat
or's own constitutional right and duty,
but Ignores also the constitutional will
of the people of the United States
who demand personal freedom of ac
tion In Oregon legislators in choosing
Senators for them, and for the whole
Nation, and who each have reasonable
ground for their faith and belief that
Republican Legislatures will choose
Republican Senators, and that only
Democratic Legislatures choose Demo
cratic Senators.
But aside from this, has there been
any "people's choice" In Oregon moral
ly binding? Every one feels that the
people of this Republican state do not
want, and never have wanted Governor
Chamberlain for Senator. He never
was, even at the so-called "election,"
the choice of a majority of voters
he only received a plurality, and a smll
one at that. While pluralities here
elect in regular elections, there Is no
binding law for "popular elections," or
any moral efficacy in "people's choice,"
except arising from untainted and pure
majority choice. In this case.it cer
tainly was not a majority choice, and
It appears moreover that the "choice"
was tainted, and badly tainted at that.
It Is well understood that many who
did "vote" for Governor Chamberlain. as
Governor, never wanted him for Sena
tor, or expected that any Legislature
would ever choose and elect him, but
simply wanted, by their "votes," to put
Statement No. 1 Republicans in a hole.
They knew that In law their ballots
counted for naught.
Aside from all this, everybody is sat
isfied that under a pre-concerted move
ment at the preceding primary, many
Democrats registered themBelves as
Republicans a few in each precinct, so
as to fraudently foist on Republicans
a Senatorial and Legislative primary
ticket- One purpose was to nominate
a Republican for Senator whom they
thought the weakest for Chamberlain
at? the polls. Probably they wanted to
"down" a Republican United States
Senator, and of course it all was to
further the naturally solid Democratic
purpose in Oregon of Statement No. 1,
and handicap the Republican party, and
voters at the polls. Certainly It was
for no good purpose. None of them
had any right to vote there at all, and
enough of them voted throughout Ore
gon to taint with fraud the purity of
"election choice."
No Democrat had any business in a
Republican primary. Such was all a
fraudulenc violation of the primary en-
actment which distinctly declares on
the face of the law. that a political
party Is useful and necessary, and en
titled to protection from interference
of persons not identified with it
e
The manifest purpose of our primary
law Is to afford each party full control
of its own primaries. Nothing else Is
common honesty in government. Our
primary law meant well, but it was ter
ribly abused by outside bad-faith med
dling from members of a minority par
ty having no pride or hope at home.
Such fraudulent action vitiates re
sulting objects attained. Undoubtedly,
the main purpose of all this false regis
tration of Democrats in order to run
Republican affairs, centered In secur
ing Mr. Chamberlain as final "people's
choice," and through Statement No. 1 to
force him as Senater on Republican
Oregon.
Whatever their motive or whoever
they were, they were no friends of the
Republican party, or of any of its prin
ciples, and had no business whatever,
not one of them. In any Republican
primary. Every Democratic one of
them enacted fraudulently. Each and all
were Interlopers and meddlers, inter
fering with other people's business, and
with the internal affairs of an opposite
party entitled, in law, to protection
from such as they; and their participa
ting presence, in such numbers
throughout the state, taints forever all
resulting "people's choice."
This abuse of law was all fraudulent
grist for Mr. Chamberlain's political
mill, if finally ratified by the Legis
lature. If the revelations dally coming out he
true, it would be little short of crime
against pure elections and good govern
ment to be bound to ratify as "people's
choice" ' results thus obtained. If legis
lators find there was fraud. It would vit
iate what it produced. No one can be
bound if such be the fact. If so, are Re
publicans to condone the offense, and re-
ward the beneficiary? -
Whether fraudulent or not, the whole
thing has at the bottom no legal force,
or validity, and in the choosing of a Uni
ted States Senator, no promise to take
"people's choice" Is binding as against
an oath of office and flnsily themselves
to select and elect the best man.
One paper alleges that legislators are
bound to obey the laws of the State of
Oregon, and that one of these laws com
mands them to vote for this ''people's
choice." As thouph Oregon can com
mand the United States! .When the su
preme Constitution says Senators must,
be elected by the Legislature, it neces
sarily is prohibitive of any attempt by
any state to elect them by any of its
people. That which is prohibited cannot
lawfully be done, directly or indirectly.
Oregon's "popular choice" attempt, and
Its initiative force bill compelling mem
bers of a Legislature to vote for and
elect any particular one, never have been
laws and never can be laws until the
Federal Constitution is changed. Our
"command" to legislators whom they
shall elect Is, in legal efficacy, as the
idle wind.
One friend, pained at any doubt of the
"divine right" of Governor Chamberlain
to be Senator, writes me that members
also take oath to support Oregon's con
stitution, and that this constitution has
been amended to permit laws to be made
by the people, and that, since then, the
"holy satement" has been enacted by a
big majority; and later, by another big
vote, another law has been enacted in
ducting members how they shall vote
for Senator, and that a member violating
that part of his oath "will be ten' thou
sand times as guilty than he will of vio
lating his oath to support the Constitu
tion of the United States."
Somehow, I have been under the im
pression that an oath to support the Con
stitution of the United States which
Constitution in itself declares that 'it shall
be the supreme law of the land, anything
in a state constitution, or laws to the
contrary notwithstanding." does away
with any inconsistent state constitution
and state laws, as well. They are not
legally a part of either state constitu
tions, or state laws, and therefore there
can be no "state" oath to support what
is not law.
Let us change our National law before
we talk of the "lawfulness" of our state
enactments. Struggle as much as we
please, we cannot get away from tba su
preme law of the land. Nothing can be
law in' Oregon that Is contrary to the
National Constitution.
M. C. GEORGE, i
IN THE MAGAZINE
SECTION OF THE
SUNDAY
OREGONIAN
WITH "UNCLE GEORGE"
OK THE M'KENZIE
Annie Laura Miller's experience
with the Nestor of fishermen on
Oregon's finest trout stream.
THE REAL THING IN
CHINESE ARISTOCRACY
Full-pace picture in colors of
patricians among Oriental resi
dents of Portland.
"THE BIGGEST IN THE
WORLD, PRO TEM."
Great structural and mechanical
achievements in America that
call for the superlative, but for
how long?
THE TAFTS AS SEEN BY
HALLIE ERMINIE RIVES
Close view of the Republican
candidate for President and his
wife, from the pen of a woman
who knows how to write.
ARE FLOWERS
SENTIENT BEINGS?
Professor Francis Darwin holds
to that theory and offers scientific
proof to fellow scientists.
NO RACE PERIL SINCE
GANS GOT LICKED
says the Hotel Clerk, and he sets
down a few things about the col
ored brother's fate, South and
North.
ORDER EARLY FROM YOUR
NEWSDEALER
1