THE 3IORXING OREGOXIAX.. MONDAY, OCTOBER 19, 1903.
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rOmlAND, MOXDAT. OCT. 1, -
OXE PAXIC AND ANOTJ1KK.
It has always been observed that
no money or Industrial panic is quite
like another. However, between some
there are resemblances; between
others none at all.
The money panic of last year, it was
and is well known, was produced by
reckless speculation which wrecked
certain banks and produced a run on
many more. The center of It -was the
operations of copper gamblers in New
York and Boston. The alarm spread
rapidly, and the banks, both East and
West, were quickly drained by deposi
tors Tot not many banks failed., and
most that did close had been doing a
speculative and reckless business.
. But bv the end f the year the
panic was over; The panic had,
however, produced wide interrup
tions of Industry, and many per
sons were out of " employment.
This lasted through the "Winter and
earlv Spring. But during several
months past there has been steady
and increasing resumption of Indus
trial undertakings, and few who want
to work have been out of employment.
Uncertainty as te the coming election
and its consequences is now a dis
turbing factor; which will have short
or Jons duration, according to circum
stances depending chRfly on the re
sult of the election.
Between the panic of a year ago and
that of lX'J3-97 there was the widest
difference. The one came from a spe
cial and temporary cause; the other
from a cause that was cumulative and
of long standing. The panic produced
by the silver craze, since it was unlike
anv other in its origin, so it was un
like any other iu its extent, persistence
and consequences. It was produced
by a policy that had been adopted
and pursued largely for political or
partisan, objects; till finally it had vir
tually expelled gold from Hhe country,
destroyed credit and paralyzed busi
ness. Nor was It soon over. It con
tinued and persisted for years, and
practically suspended during this long
period most of tho chief industries of
the country save, indeed, those of
agriculture, which operate indepen
dent of large capital. Hut even of
these industries the productsfell to
half prices.
A. money flurry' or panto. like
that of a year ago. arises from
conditions and causes entirely in
dependent 'of politics and parties.
It will occur whenever the speculative
spirit has been carried to an extreme
and settlement must be made, on a
large scale, among people who have
been trying to "break" each other.
Such situation will alarm others, who
. fear for the safety of their money in
the banks. But a panic like this is
trilling, and of short continuance,
compared with tho crisis that came
upon the country through the Juggle
with silver. The ordinary panic, like
that of last year, no means ever has
beerr found to avert. But the panic
of 1S9 3-97 was caused by political
and partisan folly.
There is yet legitimate and rational
fear of Bryan and his party. This is
the chief reason why an Immense ma
jority of those 'who da active business
and fear interruptions of it, through
questionable financial policy, oppose
Bryan and his party. It is ' a fact
known of all men that the greater
part of the steady business interests
. of the country entertain these appre
hensions. Nor are they confined to tho
larger ones. They penetrate the whole
body through and through, from the
larger to the smaller. Party spirit
supplies exceptions, indeed; but there
are men voting for Bryan who will
have better assurance of safe courses
for business and affairs if he shall be
defeated, as heretofore.
"CORNERS" THAT MIST FAIL.
The American Society of Equity
has been holding its annual conven
tion at Milwaukee, Wis. The scope
of the society seems to be widening,
for it is now proposed to establish
elevators and warehouses in various
parts of the country where grain and
produce can be stored until there is a
demand for it at prices satisfactory
to the producers. The project has a
superficial appearance of feasibility,
but it will not work out successfully.
It is merely a concerted attempt to
defeat the immutable law of supply
and demand, and, while temporary
success may attend the effort, in the
end the scheme will fail. Tho South
ern cotton planters who have been
following the Society of Equity policy
for the past. year have made a signal
failure of it, although cotton is &
much easier commodity to 'Vomer"
than wheat, or other farm products.
This is because so large a portion of
the world's cotton supply is produced
In the southern part of the United
States and the remainder of the world
Is to such a large extent dependent
on it.
But the cottongrowers' trust, even
by barn-burning, night-riding and
other objectionable methods, has
failed to set aside the old law and
force prices above the natural level
established by supply and demand.
'With wheat, which since the organi
zation of the society, has been the
"long suit" of the Equity forces, it is
far more difficult to advance or lower
prices by unnatural methods than
with cotton. The truth of this state
ment can be verified by the course of
the markets last week. The Ameri
can crop, which at. the highest esti
mate was not a large one. has been
shipped out very freely, and. as it fol
lowed an even smaller crop of 1907,
there are no extensive reserves on
which to- draw.
These conditions would seem to be
ideal for forcing prices up to almost
any figure the American Society of
Equity might see fit to establish, but
early In the week there was a. pro
nounced decline not because the
American Society of Equity had been
selling freely, but because of good
crop reports from the Argentine, in
creased shipments from the Danu
bian countries, and rain in India. Fri
day there was a sharp advanoe in
prices, not because the American So
ciety of Equity had reiterated Its ulti
matum to hold for $1.25 per bushel,
but because sharp frosts in the im
mense wheat districts of the Argen
tine caused uneasiness lest the ship
ments from . the Southern Hemi
sphere rnight not be sufficiently heavy
to matke'Tfp any deficiency that might
appear In the American shipments
later In the season.
The action of the market last week
was not dissimilar from its usual
course throughout the year. The world
Is a big field for operations, and It
annually turns out a supply of wheat
too vast for the control of any trust
which seeks to force prices above the
legitimate level. High prices curtail
consumption, and draw out hidden
stores. If the American Society of
Equity induces the farmers to hold
their crops for any figure in excess of
that which is fixed by the joint busi
ness of the wheatgrowers of Argen
tine, India, Russia, Australia and all
other countries, they will in the end
find themselves in the same position
as Letter and every other "cornerer"
unable to dispose of the stock soon
enough to get it out of the way of
another crop that follows as certain'
as the seasons roll around.
OREGON WILL VOTE FOB TAFT.
There was a time a while ago and
the period lasted long when The
Oregonian thought the electoral vote
of Oregon might go to Bryan. Repub
licans were acting in a way that
seemed to throw a doubt on all calcu
lations as to the future. But the result
of recent inquiries showing how the
Republicans of the state are coming
forward for Taft, leaves no doubt that
there will not only be a strong plu
rality foe Taft, but a positive majority.
The new registration Is two to one
Republican; and It is fair to assume
that the old registration, too, will
practically support the new. Today
The Oregonian has advices for near
ly every part of the state. Is it pos
sible that everybody mistakes?
It may fairly be assumed that the
supporters of Bryan do not mistake.
Nobody speaking for that party ap
pears to have the least idea that Bry
an will carry Oregon, or oome within
many thousands of votes of it.
THE LA GRANDE? EXAMPLE.
"If," says one and then another,
"that bank insurance policy were in
operation, no depositor would lose
anything by failure of the La Grande
bank." Here, it is exclaimed, "is an
object lesson, as timely as anything
could be." Further, "since we have
marine and lire insurance, why not
insurance against incompetency and
dishonesty in banking?" Such Ques
tion supplies its own answer. -
Fire and marine insurance is in
surance against accident, supposed
unavoidable. The companies do not
Insure against dishonesty, nor even
against Incompetency. Such insurance
is expressly avoided. An insurance
policy will be nullified by any descrip
tion of fraud, or of carelessness or
incompetency in keeping the condi
tions, on the part of the insured. And
every insurance policy may be can
celed at once by the company, if the
agent deems the risk too great
Charles N. Fowler, chairman of the
House committee on banking and cur
rency, explodes this attempt to par
allel Insurance of bank deposits, on
Bryan's plan, with insurance against
tire or marine losses. He says truly
that it is precisely as if the law should
require fire and marine companies to
take all risks without examination of
the property; or further, to .require
life companies to insure all lives with
out examination of the insured. The
scheme is declared to be "not among
the least of Bryan's absurdities, rival
ing, if not outdoing 16 to 1."
The very reason offered by the La
Grande example for the bank insur
ance law is precisely a revelation of
the case against it. To compel sound
and careful banking to Insure the op
erations of reckless, incompetent and
dishonest banking Is one of the
chimerical things that never will, be
done, nor-seriously attempted. It is
pot presented as an economio meas
ure, for such it never can be, but
merely as political clap-trap for the
purposes of a campaign. Chairman
Fowler predicts that Bryan will dis
own this nostrum as he has disowned
free silver and government ownership
of railroads, as soon as he 'finds it
repudiated by the common sense of
the people which Is no hazardous
guess.
FOREIGN FUNDS WITHHELD.
A study of our foreign trade returns
for the month of September, taken in
connection with the high rates for ex
change, and a continued "leakage" of
gold from this country, confirms pre
vious reports that the uncertainties
of the approaching campaign had
caused sufficient uneasiness abroad to
Induce heavy liquidation In American
securities. Just at this time, the war
news may be a factor in the "dump
ing" of these securities, but the fear of
Bryan's election started the movement
long before the war cloud appeared.
It is very pleasant to theorize and en
deavor to believe that this fear of the
foreigners is imaginary and not harm
ful, but the official figures will not ad
mit of such an interpretation.
All former records for September
were broken last month, when we sold
to foreigners farm products and other
commodities to the value of $139,397,
293, leaving an excess of exports over
imports of mora than $41,000,000.
This "balance of trade," for the nine
months ending with September,
amounted to $432,668,517, the largest
amount ever shown to our credit in a
corresponding period. With this enor
mous excess of exports over imports,
reflecting great purchasing power and
prosperity among our people, it might
naturally be expected that American
securities and other investments
would appeal to the foreigners. But
the canny European investor, who in
the past has sent millions of pounds to
this country for investment, cannot
easily be persuaded that the leopard
can change its spots. .
The foreign investor believes that
the Bryan now running for President
is the same old Bryan that long and
persistently fought the gold standard,
advocated Government ownership of
railroads, abandonment of the Phil
ippines and other wild and unsettling
policies. With this belief as to Bryan
firmly intrenched, and confronting a
faint possibility of Bryan's election,
the foreigner sees in the present a
good time to step from under. In
stead of sending that balance of mor
than $400,000,000 to us in gold, he is
pending back the securities which he
has been holding as Investments.
American capitalists, with a firm
belief in the election of Taft, are tak
ing up these securities as fast as they
are offered; but there can, of course,
be no activity in the market, and no
'offerings of the foreign gold which we
need for developing our great trans
portation arid industrial undertakings
until the election of Taft quiets the
scare. If the worst should happen,,
foreign liquidation would continue in
definitely, and our enormous crops of
wheat, corn, cotton and other products
now selling at high prices? would all
be paid for in American railroad and
Industrial securities now held abroad.
This country is probably rich enough
to carry, the burden without a serious
panic, but there would be no new cap
ital for Investment for a long time
not until the Europeans have com
pletely recovered from the alarm
which the possibility of Bryan's elec
tion has given them.
QUESTION ONLY OF SCHEDULES.
In the contest between the parties
the tariff is little discussed. The rear
son Is that though there is some dif
ference on the surface between the
platforms, it is a wordy difference,
mainly, and experience shows that,
whichever party may win, "protection"
will still be adhered to. The differ
ence will be simply one of schedules.
Should the Democratic party win
and get the power to make a tariff
bill, tt would only do what it did
before. It would give more protec
tion to certain Interests than now,
and less to others. In other words, it
would fatten its friends and peel its
enemies. That was the spirit of the
Wilson-Gorman tariff, which Presi
dent Cleveland refused, to approve,
yet became a law without his signa
ture, and uras rejected at the next
election.
The fact Is the tariff cannot bo
an issue in politics, as between the
parties. The contention is simply a
struggle- between interests seeking
protection. The South will' be solid
against any reduction of duties on
commodities that come into competi
tion with its products, and will vote
for even higher protection for its
own. It is for a play at the North
that the Democratic party talks tar
iff at all; since it hopes to get some
advantage in politics out of any pro
posal for change. Still, it doesn't
press the tariff as a main question,
hoping for greater advantages out of
financial agitation, appeals against in
junction, declamation for guaranty of
bank deposits, and other eemi-soclal-istic
schemes.
TUB MARTIN VERDICT. .
"There were a few awkward cir
cumstances surrounding the Martin
case to be explained," said one of
counsel for Martin after the com
promise verdict of manslaughter had
been returned. There were. They
were not successfully explained, and
the consequence is that ex-Lieutenant
Martin must serve a term of years in
the state penitentiary, unless this
most surprising verdict shall be set
aside. We say surprising, because, of
course, every one knows that Martin
is guilty of no ordinary homicide, but
he is guilty, if guilty at all, of a most
atrocious murder, for which he should
be hanged. Perhaps Martin Is inno
cent, though it is not at all probable.
Perhaps the chain of damaging and
incrimin.-.ting circumstances that con
vinced the Jury of his accountability
was merely unfortunate and fortui
tous; but it is not probable. The de
fense railed to convince any one of
Martin's Innocence, however, though
perhaps that is not legally necessary;
but actually tho defense did try, and
failed. But the prosecution likewise
failed to make out a case that even
approached absolute demonstration,
and demonstration of guilt is impera
tive where circumstantial evidence
alone is relied on. Circumstances
may be depended on safely to convict,
if the chain is perfect, but not other
wise. In this dilemma the Martin Jury
seized neither horn that required
them either to send' Martin to the
gallows or to set him free. Perhaps it
is just as well, for there is a bare
chance Just a chance that Martin
is innocent.
CONVICT CAMPS IN GEORGIA.
Ante-bellum slavery, we are told,
was a beneficent Institution in com
parison with the convict-leasing sys
tem that Is now and has long been
sanctioned by law in Georgia. This
statement is not new. It has been
made repeatedly in the last twenty
years or more and verified by recitals
of the cruelties and hardships inflicted
upon helpless convicts who, often for
trivial offenses, or for no offense at
all, are sent to "do time" in mines,
lumber camps and elsewhere under
this system. If the half that is told is
true, and many cases of fiendish cruel
ty inflicted upon these convicts have
been fully verified before Legislative
committees, the imagined horrors de
picted in "Uncle Tom's Cabin" fall far
short of the real horrors that have
long been suffered in these camps..
The Atlanta Georgian is one of the
foremost newspapers in that state in
disclosing these horrors and denounc
ing a system that fosters them. It
published a while ago the case of one
"Joe Frisby," with the positive guar
antee of authenticity which testifies
to jthe fiendishness and implacability
of contractors, attorneys and police
who are Interested in keeping up the
supply of contract labor.
Briefly stated, Frisby, a mere boy,
got drunk two years ago and was sen
tenced to the chain gang on the public
road for three months, in direct vio
lation of the state law, which allows
that penalty only for felonies. Then
the contractor, whose wretched gang
was being depleted by expiring sen
tences, said that Frisby tried to es
cape. To prove the story, he had the
boy lashed, and, according to the
Georgian, "it was such a -beating that
the story of it got abroad and the
grand jury of Cobb County returned a
true bill for assault and battery
against the guaru who used the lash."
This did not, however, prevent the re
sentence of Frisby to serve two extra
months in the brutal contractor's
gang.
This is one of the mildest stories
that has been told in support of the
statement with which this article
opens. But it serves to show the cor
rupting influence of the convict-leasing
system on politics, business and
the courts. The evils of turning over
state prisoners end especially. It
may be said, prisoners under the ban
of color to coarse, greedy contractors
and speculators for exploitations-are
so plain that any disclosure of them
would seem to be quite unnecessary.
They stand uncovered before com
mon Intelligence and are rebuked by
shuddering humanity everywhere. The
practice. In the first place, makes ut
terly impossible the reform of the of
fenders, since it opens the way to un
speakable cruelties, the tendency of
which is to embitter the victims to
ward individuals and society. It
cheats the state. Inasmuch as schem
ing politicians force the leasing price
down to a nominal sum. The apathy
of intelligent .and humane citizens of
Georgia, in the face of these condi
tions, has long been surprising. . It is
gratifying, however, to note that a vig
orous campaign against the system is
in progress in that state, with the pur
pose of wiping it out by Legislative
enactment. This, it is not doubted,
will be accomplished at the next ses
sion of the Legislature. The contrac
tors" lobby will fight hard to retain the
system, and venal politicians will be
on hand to aid them; but it is not
deemed possible, in view of the dis
closures made within a few months,
of the barbarities to which convicts,
black and white, under the system are
subjected, and the rank injustice
which it fosters, that the effort to per
petuate it will be successful.
The brother of John Armstrong
Chanler, former husband of Amelia
Rives, is endeavoring to have John
Armstrong placed in an asylum. Tes
tifying In his own behalf Friday, the
ex-husband of Amelle, the asbestos
proof authoress, said the suit was due
to Ill-feeling between himself and his
brother. This Ill-feeling, he testified,
was caused by his brother's sending to
him before his marriage to Amelle
Rives a marked copy of "The Quick
or the Dead," with hostile criticism
marked on the margin. Some literary
critics who have read "The Quick or
the Dead" and its successor, "Tanls,
the Sang Digger," would venture the
opinion that all that was needed to
establish the insanity charge was the
fact that John Armstrong Chanler
married Amelle after he had full
knowledge that she. wrote those pe
culiar books. '
"You cannot successfully attack a
man because he stands for a moral
idea," is the declaration of a promi
nent Democrat in giving an opinion of
the fight against Governor Hughes In
New York. The Democrats sought to
create prejudice against Hughes be
cause of his opposition to race-track
gambling, but they have found that
their fight only Increased his popu
larity and they are trying to change
their tactics. And what is true in
New York is true the country over. A
mere pretender a hypocrite may be
successfully attacked because of his
effort to sneak into dffice on a moral
issue, but an honest exponent of a
moral idea cannot be defeated by
that kind of a fight.
A reader of The Oregonian asks if
it really can mean what it says when
it asserts that "no man who expects
the Legislature to elect Chamberlain
has a right to vote for Taft?" For,
"hasn't every man a right to vote for
Taft or Bryan, as ho may see fit?"
This begs "the question. What was
meant was plain enough, namely, that
the man who desires the election " of
Chamberlain has no good reason for
voting for Taft. Conversely, the sup
porter of Taft has no good reason for
desiring the election of Chamberlain.
The acts are directly at variance, op
posite and contradictory. One Is
practical nullification of the other.
But, of course, a man may thus work
his politics at cross purposes if he
sees fit to do so.'
Many persons are thinking about
what they think will happen. In case
Bryan should be elected. To ail In
quiries The Oregonian desires to make
the one answer that it doesn't know.
It is not predicting what may or will
happen on contingency of an event
that may ndVoccur. Should the event
occur, it will then wait and see. It
only knows now, for hjie report comes
in from all sides, that much business
and many projects are halted, with
the remark, "Walt till after the elec
tion." No wonder the Democrats think the
campaign is too lopg. The more time
voters have to think of it, the less
likely they are to vote for Bryan.
That was the experience of the Demo
crats In the two previous Bryan cam
paigns. Bryan appeals to passion and
to class hatred, not to reason. But the
great majority of the people of this
country think as well as feel, and. the
more they think the better they can
see that it Is not wise to elect Bryan.
Hughes may be beaten in New York.
But his enemies never will undo his
reforms. Just let the gamblers go
straight before the people, and see!
Just now every Democrat and some
Republicans are against Hughes. This
is the bunco game of politics. In
Oregon it is the same, with merely
local variations.
It would seem that the argument
for insurance of bank deposits on
Bryan's plan were effort wasted. Hon
est people of careful methods don't
want to be taxed for insurance of
wildcat banking schemes and La
Grande -operations. The Brjan ap
peal is directed mostly to those who
never had any money in bank, nor
ever will have.
The fine sum of $6000 in Confed
erate money has been received at the
Democratic headquarters in Chicago.
It is very proper; for the Confederacy
was a branch or section of the Demo
cratic party, and from that quarter
now it has its only sure support.
"Old Man" Bennett, of the Ir
rigon Irrigator, has been notified of
his seventh degree of grandfather
hood. He is still the most competent
judge of a baby show In Oregon, not
even excepting Dan'l McAllen.
In the ideal Socialism the only
right kind all members of society are
toilers and there are no shirks. So
with the bees. That is the reason so
many Socialists are not of ideal ma
terial. The New York World, which is
great on figures in Presidential years,
places Idaho and Utah and Wyoming
in the certain Democratic column. It
is to laugh.
t
No man so indolent or indifferent as
not to vote at a Presidential election
Is fit for American citizenship. Un
less he register, he cannot vote No
vember 3.
' If Chamberlain does not help Bryan
eliminate that 62,000 Republican plu
rality of the registration books
what may Chamberlain expect from
Bryan T . .
It is reported that there are some
farmers who, after waiting many
weeks for the rain to come, are now
waiting for it to clear off.
Those persona who are wont to
think lightly of our John Barrett can
never equal our John's world-famed
achievements.
Only two days remain for registra
tion. The books close next Tuesday at
6 P. H.
"THE PAST."
And Yet the Odor " ClinsTS to It
Still."
Pendleton Tribune.
Had you noticed how the truly "non
partisan" paper shouts louder for Bryan
than any other brand of newspaper?
It makes the claim of nonpartfsanshlp
in order to fool somebody while It gets
In its work for the Democratiti candidate
for President.
The nonpartisan paper which shouts for
Bryan's success is apt to get a more seri
ous hearing from a Republican who has
forgotten 1S93-S than if it were an out
spoken Democratic organ.
Hence, . the "nonpartisan" newspaper
which supports Bryan in and out of
season.
Hence Chamberlain and his machine in
Oregon.
This brand of newspaper resents any
reference In a political campaign to "the
cobwebbed past."
But if the Democratic party has a past
to whioh it never refers and a reference
to which by the Republicans causes It to
fly into a rage, who Is to be blamed
for it? '
All we know, all anybody knows as to
what the Democratic party would do if
In charge of the National Government is
by what it did during the four years it
had uninterrupted control the only oppor
tunity it has had for 50 years to Illustrate
what It moans by the Inquiry, "Shall the
people rule?"
But the anxiety on the part of the non
partisan papers that everybody should
"look to the future" only causes amuse
ment. -
When the frightened ostrich pokes its
head under a bushel and imagines it Is en
tirely hidden from the hunters after os
triches. It has always resulted in disap
pointment to Sir Ostrich, for the reason
that his "past" is the most conspicuous
object within the entire vision of the
searcher after desirable plumage for pur
poses of capture.
The Democratic brother should sincerely
thank the Republican paper which goes
to tho trouble of reminding his careless
memory of the condition his party got
the country into during the only oppor
tunity it has had to let the people rule
within the past SO years.
Digging into the cobwebbed past Is a
mighty good way to avoid a repetition of
the experience of 1893-6, and the brethren
should join with us in an earnest effort
to prevent another era of it.
LOOKS LIKE TAFT IX INDIANA.'
Republican Plurality of 15,000 or More
la Probable. .
From Raymond's Letter to the Chicago
Tribune.
From a time dating back to the Chicago
convention I have heard that Indiana was
"queer" in regard to its National politics.
That characterization is as true today as
it was then.
Yet I am Inclined to the belief that Taft
will carry the state by something more
than 15.000 majority, but that the state
ticket and the majority In the Legislature
are both still questions to be decided by
the election Itself. Indiana always has
been considered a doubtful state. Even in
ISSG, when it came out strongly for Mc
Kinley, as against Bryan, there was con
siderable misinformation as to how the
state would go.
. Apparently it Is a commonwealth which
changes its opinion with considerable fa
cility. That is to say. It Js one of the
states which are always good ground for
a campaign of education. The people of
Indiana are unusually Intelligent and In
evitably logical. They study a political
question as they do anything else from
their high intellectual standard and they
reach their conclusions accordingly.
Everybody knows that in 1SW, if an
election had been held on the first day of
September. Bryan would have" received the
electoral vote of Indiana. As It was, the
discussion of the financial question was
conducted up to a point where the tri
umph of-the Republicans was Inevitable,
and McKinley carried with a comfortable
majority a state which had seesawed
from Republicanism to Democracy with
almost every National electiqn.
The same tljlng ls likely to prove true
now. Taft Is gaining, and the present In
dications are he will carry the state. The
plurality I have mentioned ls a minimum
one, and In view of the lively campaign
which ls being carried on In the state the
figures are liable to be increased rather
than diminished.
The Teat In New York.
New York Evening Mail.
For the confused voter the Governor
has provided a signpost. With the Dem
ocratic party pronouncing for radicalism
in the Nation, and reaction in this state;
handing out a long programme of specific
proposals at Denver and at Rochester
committing itself to nothing tangible,
what is the poor voter to do? The Gov
ernor replies:
Ask the crooks of New York about It.
Do not ask them whom they are for; ask
them whom they are against. Tien you
will learn the truth.
The crooks of New York are going to
chance it on Chanler. They are going
to back they are backing the campaign
against Hughes. Every race-track gam
bler ls working against the Governor and
contributing to that end his means and
his influence, neither of which is small.
Every "financier" who resents the passing
of the good old days of stock-watering,
with the permanent looting of the pub
lic through unregulated franchise-holding
corporations is working against the
Governor. Every corrupt politician on
the pay roll . of these corporations ls
workng against the Governor.
Sleepy Jury Prodded With Pole.
Philadelphia Dispatch.
After wrangling 19 hours over an
assault case, a jury at Harrlsburg, Pa,
reported a disagreement, a Deputy
Sheriff having kept the men awake all
night by punching them with a pole.
Very Probably,
Los Angeles Times.
"When the plover flaps o'er the idle
plow," sings Alfred Austin, poet lau
reate of England, in his latest out
burst. He probably had in mind a
Democratic victory in the United States.
DEMOCRATIC HOPE.
BY DEAN COLLINS.
What form ls that which looms above
The campaign combat here below,
nd ride, upon the clouds of dust
From that sedate imbroglio,
And hollers "Victory!" although
"Tis far too Boon for it to know 7
The cheerful Incarnation, that.
Of the hopefulness of a Democrat.
What mystio hand i that which glides
Across the surface of the alates.
And writes a. "Democratic" ail
lioee listed with the doubtful states,
(And frequently attempt, to graft
A stata that's all staked out by Taft)
The mystic hand that doe. all that
Is the hopefulness of the Democrat.
What is the airy sprite that floats
Through William Jennings' fevered
dreams.
And whispers of the prospect bright.
Until a mortal cinch it seems.
And William J. would almost swear
He ait. already In The Chair?
The tricksy sprite that does all that
la the hopefulness or1 a Democrat.
The same old hope that. In the past.
Has whispered "Cinch!" into their ear
And buoyed them serenely o'er
The stern defeats of sixteen years.
Still hollers "Victory ahead!"
For should It cease the party's dead.
What a persistent thing ls that
The hopefulness of a Democrat..
L' ENVOI.
Oh, let such hope be given to me.
If e'er in stralt-f extreme I be!
Should, to my horrified inspection.
Four trains approach from each direction,
Vv"4ile o'er my head, aghast. I spy
An! airship dropping from the sky.
And 'neath my feet, resounds amain
The rumble of a subway train.
And someone drops, like smoking rocket,
A hand grenade in my hip pocket.
O still, kind Fortune grant me that
X may hope on like a Democrat.
Polk County Observer,
fainted at the reply. "Ay not bane born at
all; ay got stepmutier." Atchison j&iobe.
t
FIRST CONTRACT IX HISTORY.
Lost sua Points to Record or
Geaesls. SSd Chapter, Terse 13.
PORTLAND, Oct. 18. (To the Editor.)
Under the caption of "Simple Business
Law," In the current issue of the Satur
day Evening Post, Theodore J. Grayson
declares the famous birthright episode be
tween Jacob and Esau to be the world's
original contract. He says:
In the 25th cbapter of the Book of Gene
sis, at the 24th verse, it is written:
"And Jacob od pottage; and Esau came
from the field, and he waa faint. And
Esau said to Jacob: 'Feed me, I pray thee,
with that same red pottage; for I am
faint." Therefore waa his came called
Edom. And Jacob said: 'Sell me this day
Uiy birthright.' And Esau said: 'Behold, I
am at the point to die. and what profit
shall this birthright do to me?'
"And Jacob said: iswear to me this day."
And he sware unto him. and he sold his
birthright unto Jacob.
"Then Jacob gave Esau bread and pot
tage of lentils, and he did. eat and drink,
and rose up and went his way. Thus Esau
despised his birthright."
Agreements and Contracts.
- Such Is-' the story of the first contract.
From the mists of early Hebrew tradition
it emerges precisely similar in Its essentials
to. the ordinary contract of modorn time.
There ls a clear-cut offer and acceptance,
there ls a real, though apparently Inade
quate consideration, and, furthermore,
there Is some observance of form In the
oath which Esau had to swear. It was also
a contract where a promise was offered for
an act, and Jacob, having supplied the
pottage and lentils, had the right, upon
Isaac's death, to demand that Esau should
forego the advantage of 'hi. birth. This
right In Jacob shows that the Hebrews
understood contractual obligation, which Is.
Indeed, nothing more than a control ex
ercised "by one person over the conduct of
another.
Had Mr. Grayson but pursued his legal
researches of the Bible with a little more
care he would have. In an earlier chapter
of Genesis, discovered an- example not
only of a historically anterior contract,
but one of more solemn and binding form.
The story of Abraham's purchase of the
field and cave of Machpelah from Bphron,
as a family burial place, is told in the
23d chapter of the Book of Genesis, at
the 13th verse:
"And he spajce unto Ephron in the au
dience of the people of the land, saying:
'But if thou wilt give It, I pray thee, hear
me. I will give thee money for the field.
Take it of me. and I wilt bury my dead
there
lAnd Ephron answered Abraham, saying
unto him: "My Lord, hearken unto me.
The " land Is worth four hundred shekels
of silver. What is that betwixt ma and
thee? Bury, therefore, thy dead.'
"And Abraham hearkened unto Ephron,
and Abraham weighed to Ephron the sli
ver, which he had named in the audience
of the sons of Heth, four hundred shekels
of silver, current money with the mer
chant. 1 , . . ,
"And the field of Ephron, which was In
Machpelah. which was before Mamre, the
field, and tlfe cave which was therein,
and all theatres, that were In the field,
that were In all the borders round about,
were made sure unto Abraham for a pos
session in the presence of the children of
Heth, before all that went In at the gate
of his city. .Mr.
"And after this. Abraham burled Faah
his wife in the cave of the field of Jlach
pelah before Mamre; the same ) Hebron
in the land of Canaan.
"And in the field, and the cave that ls
therein, were-made sure unto Abraham for
a possession of a burying place by th son.
of 'Heth."
Here we have a clean-cut warranty deed
with all the essentials of an up-to-date
conveyance the grantor, Ephron; the
grantee. Abraham; the consideration; 400
shekels of silver, with the standard fixed
as "current money with the merchant";
the description, embracing "the field and
the cave, which was therein and the trees
that were in the field that were In all the
borders round about"; the warranty of
assurance and possession, ""and the field
and the' cave that is therein were made
sure unto Abraham for a possession," and
finally, the witnessing of the livery of
seizure by the children of Heth and before
all who went in at the gate of his city.
No more apt law leeture In conveyanc
ing was ever delivered at any law school
or propounded by any legal commentator.
-JOHN F. LOGAN.
DKSTLVT OK THE EDUCATED CLASS
Ia Mlnnfon as a Factor for ' Safe Gov
ernment Is Considered.
PORTLAND, Oct. 17. (To the Editor.)
Are we to have in this country, say, with
in the next 26 to 60 years, great social ana
political changes. Independent of the edu
cated classes, as sucn .'
By "educated classes" is meant, in a
general way, the courts, "persons distin
guished for their wealth, journalists, lit
erary folk, the legal ana meaicai proies
slons and the clergy. These, all of them,
In a general way, are supposed in some
sense to be educated leaders or society.
Then comes beneath them in respect to
educated thinking, and whatever else that
implies, the great bulk of humanity. Nu
merically speaking,, the cultivated classes
alluded to are but Insignificant fragments
of the whole. .
Now, what I am trying to get at Is,
whether pyeat' changes, social, moral and
rtolitical. take rjlace in the course of hu
man events in that vast low-ground of
humanity with which not one of these
educated classes has visible connection
Is it true, for instance, in Russia at the
present, that national policies, rooted In
the popular feeling down in the lower
stratas originated and worked their way
long before they got up high enough to
find the cultivated top? ' . 1
In view of the muttering unrest of the?
labor unions, the enormous foreign ele
ment now the menace of our large cities,
and the Socialistic agitator, to say noth
ing of the negro population in some of
tne states now outnumDenng ine white
one who carried a musket in '61 to '65, for
the National integrity and unity, cannot
help a degree of solicitude at the outlook.
And yet It appears from the history of
the past as if men of culture, leaders as
they are commonly supposed to be, do
not always lead In the Incipient steps of
great movements which have in the past
been originated without them; sometimes
in spite of them.
Does culture, overmuch, eliminate a cer
tain ruggedness of nature, inclining men
to compromise, peace conventions and the
like, rather than to forcing the great up
heavals which have marked 'the progress
of the race? C. H CLINB.
A Chapter on Penalising; Thrift.
TACOMA, Wash., Oct. 17. (To the Ed.
itor.) I enjoyed Professor J. Lawrence
Laughlin's able remarks especially that
portion wherein he speaks of "penalizing
thrift." But I believe that the professor
does not go far enough, as his argument
ls applicable to all lines of business. For
instance. I am interested in a manufac
turing concern where, through able man
agement, Integrity and thrift, during the
past five years, its volume of business
has been Increased and the size of Its
plant nearly three times. But here comes
Mr. Assessor, who promptly raises the
value more than three times, and con
sequently the taxes Increased propor
tionately a plain case of "penalizing
thrift." According to the professor, a
banker whose deposits increased from
$10,000 to $10,000,000 would have a like
grievance. 'J. L. WHIDDY.
VARIOUS PICK-UPS.
The New Minister Do you know who I
am. my little man? Little Billie Certain
ly. Don't you know who you are? Judge.
"Great poets are born," quoted the Wise
Guy. "True." "assented the Simple Mug,
"and most of them are also dead."-?-Phila-delphla
Record
Myer In some countries sheet music is
old by the pound. Gyer- Yes. and a good
deal of it is played by the same method In
thl country. Chicago Daily News.
She When a woman wants a husband,
you don't suppose she goes and looks In a
club for one. do you? He Well, if she's a
married woman the ehances are that she
does. Yonkera Statesman.
"What would you do If a Trust should
offer you money?" Well." answered Sen
ator Sorghum. "If I accepted It. I d ex
pect the voters to retire me. and If I in
dignantly refused it. I'd expect the Trust
to put me out of business." Washington
Btar.
A little Swede boy presented himself be
fore the schoolma'am, who asked his name.
Tonny Olsen." he replied. "How old are
vou?" asked the teacher. "Ay not know
ow old ay bane." "WelL when were you
born?" continued tna teacher, who nearly j
IRRIGATED FARMI.G9 BURDEJf.
Engineer Lewis) Would Remove Same
.by Jfew State Administrative Power.
- SALEM. Or, Oct IS. (To the Ed
itor.) The Oregonian' editorial on
water laws, published ' yesterday, ap
pears to give an erroneous Impression,
which should be corrected. ' Three
leading statements are made: (1) That
the state does not need an' expensive
and complicated system cf stream
supervision; (2) that Sheriffs and Con
stables can arrest men who steal
water, and (3) that the state should
not be burdened with an expensive ad
ministrative system.
I wish to demonstrate. If possible:
(1) That a comprehensive statV admln
latratlve system ls absolutely neces
ary for tne development of the state's
water resources; (2) that, without such
administrative system, criminal law
concerning the stealing of water can
not be, enforced by Sheriffs or any on
else; (3) that such an administrative
system can be provided, if necessary,
without any expense whatever to the
taxpayers of this state, and, . further,
that a large revenue could be provided
through such system If desirable.
T(e development of the water laws
of Italy, through centuries of experi
ence In the use of water for irrigation,
power, domestic and other purposes, ls
against The Oregonlan's position. The
rapid development of the water re
sources of Wyoming, Idaho and other
states which have been forced, to adopt
the fundamental principles of the
Italian law, again disproves The Ore
gonlan's statements. Oregon needs
whatever will promote Us prosperity
and protect Its citizens in the enjoy
ment of their water rights as well as
their property rights. Why ls It neces
sary for Oregon to tolerate a condi
tion of anarchy among its water users
and await the shedding of blood la
community fights to secure a proper
division of streams before we awake to
the importance of this question? After
all the water powers have been stolen
and the surplus waters acquired under
our present lax laws, there will then
doubtless be no further objection to
following Lhe experience and wisdom
of other states and countries that have
successfully met every phase of this
complicated question.
First Taking theso points uo in
order, the state needs a comprehensive
administrative system to regulate di
versions from public streams, for the
same reaann that a large ditch system,
or a municipal water works nepds ad
ministrative officers to divide the
water among the various lateral
ditches, or to the different parts of a
city. In accordance with the needs of
each dlstr'ct. The ron-navigable riv
ers are nothing more than main canals,
and at present are diverted without any
regard for the rights of others.
One hundred and ninety ditches di
vert water from the Walla Walla
River in a distance of ten miles. Each
Summer temporary dams are built to
divert more water to various districts,
and as often destroyed by residents
from the district whose supply is les
sened. Litigation has been in progress
for many years. Twenty-five lawyers
are at present employed to defend the
water rights to 5000 acres. The rights
will eventually be determined, but how
will the water be divided? Which of
the 190 ditches will an injunction suit
be brought against by any settler who
falls to get his rightful share? The
same conditions which brought on the
present suit still exist. New diversions
will- be made and new litigation will
be -necessary. The burden on irrigated
agriculture, under this system, Is most
discouraging.' It retards development.
A canal is being constructed in Crook
County by the state, under the Carey
act, which will eventually supply 2)
times the area Irrigated by the Walla
Walla River. Comparatively no litiga
tion will ever occur as to the relative
rights of settlers under this canal,
because their rights are initiated in a
definite and orderly manner, aid an
administrative system provided to dis
tribute the water. But this canal, like
all others, Is only a lateral, when the
Deschutes River is concerned, and its
relative right ls an uncertainty and a
subject for litigation in he courts, be
cause of lack of state control over
diversions from public streams.
Second It ls already a crime to steal
water from a constructed canal, but
not a-crime to steal water from the
publio stream upon which the water
supply of such canal-depends. Water
ls valuable, and theft of water from a
stream may result In thousands of dol
lars' damage to crops perhaps 100 miles
below on a stream. Can the Sheriff of
Wasco or Sherman County prevent the
stealing of water from the headwaters
of the Deschutes River In Crook or
-Klamath Counties, 160 miles or more
to the south? The Oregonian says
that "there ls no need to employ spe
cial officers to police the arid region."
There is no need for an administrative
officer on any stream until the relative
rights of all claimants to water there
from have been determined. The prin
cipal duty of such administrative offi
cer ls not to make arrests, but to make
a daily adjustment of headgates, as
the stream fluctuates, so as to protect
vested rights as determined and re
corded. His police power ls only inci
dental to this duty, that he may more
effectively protect vested " rights to
water. This prevents waste of water
and useless litigation.
The storage of flood water In reser
voirs by the Government or private
capital is absolutely prohibited where
the natural stream channel is to be
used In conveying water past numer-'
ous ditch diversions to the place of use,
until an administrative system ls
adopted. Stored water cannot be brand
ed like a horse, so that the Sheriff oan
ascertain when it is stolen.
Third Water users from a large
ditch gladly pay 50 cents to $1 or
rsore per acre to defray the cost of
administration. They would gladly pay
a reasonable license fee or tax to the
state If an administrative system were
provided, so as to insure relief from
unending litigation under present con
ditions, which gives no permanent re
lief. The cost of the 25 lawyers de
fending the rights of water users along
the Walla Walla River In Oregon
would probably defray the expense of
administration of Its waters for 25
years. The courts will, without doubt,
under the police powers of the state,
uphold a license fee or tax based upon
the amount of water appropriated for
power or Irrigation purposes, suffi
cient to pay all administrative ex
penses. Fishing licenses, sufficient to
maintain hatcheries and other admin
istrative expenses of such department,
are upheld under such theory.
In Idaho, Wyoming and other states
the entire administrative expense ls
borne by those who pay for the priv
ilege of appropriating the state's pub
lic waters. This does not retard de
velopment, but encourages It, because
protection is granted during the time
of construction and ultimately a deed
to the required water is granted the in
vestor by the state, and thereafter such
right is protected by the state's ad
ministrative .machinery.
By proper legislation this adminis
trative machinery, which can be made .
to cost the state nothing, and ls so
repugnant to the speculator In the
state's public waters, could be made to
yield a large revenue to the stato.
Surely the taxpayer could not object to
relief from this source, and especially
when the prosperity of his state will
be increased In many ways thereby.
JOHN H. LEWIS.
State Engineer and Member Oregon-
Conservation Commission.
r
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