THE M0RXIXO OREGOXTAX, FKTDAT. XOYE3IBER 13. I90S.
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PORTLANO. FRIDAY. NOV. 13. 1"
HA Kl I M B AFJTKS.
The definitions in the dictionary are
easy. Ton get from any work on
metal or metallurgy all that It Is
necessary to know about barium and
barites. But when human thought
and human Interest, and possibility of
making gain out of barium and
barites. are introduced as factors, then
the trouble begins. Then tho.se per
sons who happen to be in possession
of land!" that contain barium, and
want to force everybody to pay higher
prices for barites. get busy," at once.
They come up from the states that
possess the elemental clays, the states
(hat are counted on ui-ually for free
trade and tariff reform, and insist on
protection for barium and barites.
The tariff, as general Hancock said, Is
a local question.
Barium is a constituent, in many
localities, of rocks and clays. It is,
so far as known, a primary substance:
that Is. barium is an irreducible metal
of great weight, obtained as a silver
white powder, but it oxidizes quickly,
and may be exhaled into gas at about
the temperature that melts iron. It
has its name from the Ureek word
that signifies weight or heaviness; for,
compared wiih other substances as
aluminum. It is heavy, though not so
heavy as lead. Barium has a com
mercial quality; it Is useful in the
mechanical arts; the barites are abun
dant in the Carolina, in Oeorgia, in
Alabama and in Tennessee, and the
people there want protection for the
product. That Is. they want to keep
up the price, by keeping the foreign
product out. This Is the soul of pro
tection. Everywhere. and everlastingly,
man a opinion, and his political ac
tion, are controlled by the conditions
of Nature, in the localities where he Is
placed. Our Southern states formerly
were for free trade; and free trade in
the Id.al condition. Their cotton
didn't need protection, because they
could brat the world in production of
cotton. But as their production of
sugar and of rice and of peanuts In
creased, and they saw profit in them,
ther begun to Insist on protection for
sugar and rice and peanuts: and later
on for manufactures of Iron and cot
ton, as the chance or prospect of these
manufactures grew. In barium, or
harltes. there is now prospect of profit,
and our Southern brethren are before
the tariff revision committee with in
sistent demand for Increase of duties
011 these commodities, so os to make
th-m more costly to those who con
sume th-m and more profitable to
those who produce them. The item
or incident Is not of much-Importance
In itself: Its importance consists Jn
its Illustration of the whole subject of
protection.
The barites have a growing com
mercial value from their Increasing
use in the mechanical arts. Importa
tion of the barites is of considerable
and growing volume. But our South
ern states contain them, and want the
profit. Better grades of barium sul
phate are used in the manufacture of
pigments; as a cheap substitute for,
or as an adulterant of. w hite lead; in
manufacture of fireworks and us
make-weight in the manufacture of
paper, and In filling" the canvas In
which Armour and Swift encase bacon
and hams. For barites. therefore, are
many usvs. which all the time are
multiplying and expanding. More
protection for barites, therefore, our
Southern states want. I: means an
other pull in the direction of protec
tion for sugar, rice, oranges, pine
apples and peanuts: for iron, steel,
coal and coiton goods, rapidly grow
ing Southern products: and now for
barites. which a group of our South
ern slates can produce. in quantities
sufficient to control the markets of
the world!
But th- like of this means change
In the alignment of political parties
In the Southern slates. 'The nigger."
now completely disfranchised in the
South. Is practically out of it. Politics
In the Southern states practically will
become business again. It is certain
that the Southern states, for several
decades to come, will grow towards
protection" more than the Northern.
Indeed, the two parts of the country
will gradually, yet surely, shift posi
tions on this question: for the reason
that Northern industry is far more
advanced than Southern, and the lat
ter is getting Into the stage of growth
through which the former has been
passing, these many years.
A MARVKLAM'g ArMil'MKNT.
The attempt to persecute Mr. Taft
for his religious opinions in the Presi
dential campaign signally failed. The
American people showed by their
votes In wlir.t contempt they held this
wretched piece of sectarian atavism,
or reversion to an inferior type; but
there seems to exist a slender minority
who dls?ent from the popular verdict
Mr. Charles X. Smith belongs to this
saintly band. In his letter to The
Oregon, which is printed today, he
takes the position that every citizen
ought to Investigate the religious con
victions of candidates .and exclude
from office all who are guilty of
heresy. " Mr. Smith does not use the
word "heresy." but he means it just
the same: and naturally a heretic is a
persen who disagrees with Mr. Smith's
iluminated and inspired opinions.
Thus it ever Is.
Elut we are not about to rehash the
disagreeable discussion over Mr. Taft's
religious views or any other candi
date's. The people have closed that
foolish debate by their votes and
closed it. we hope, forever. Our pres
ent more delierhn'ul mission is to call
upon the hrtsry reader to pause and
wonder at Mr. Smith's dialectical ex
pertness. He is a prodigy of logic. It
surprises us that with such resources
of argument as he wields he Is not
general counsel for tile Standard Oil
Company Instead of a plain citizen of
Portland. The Oregonian says that
ho voter has a right to meddle with
the religious opinions of candidates
for office. Mr. Smith replies that this
puts us in the exact situation of
Bloody Mary and Charles IX of St.
Bartholomew fame. And why pray
do-s- it -so? Because those worthies
marte a man's religious opinions the
sole and single ground for appointing
him to office or rejecting him and
stretching him on the rack. Candidly
now. as a non squitur. did you ever
see the bat of that? It Is worthy of
a place in the text' book. of logic as
the best specimen of complete mental
impotence that'has ever been exhibit
ed. What has plunged Mr. Smith-
mind Into this feurful confusion? Can
it be his Intolerance?
THE CASES THE SAMK.
Now' it Is admitted that the law
cannot commit any. member of the
Legislature to vote in any particular
way for Senator; and so it is said that
the rule laid down in North Dakota
cannot have application to conditions
in Oregon; because the candidate in
Oregon could "take the pledge," or
not. Just as he might see fit.
Yet it remains that such pledge was
one that no elector, or body of elec
tors, had a right to demand, and no
candidate a right to give. It was con
trary to the constitutional method,
and. therefore, void.
But not satisfied with exaction of
an Illegal pledge, there Is effort to
clinch it in Oregon by initiative
statute, which assumes to "instruct"
members of the Legislature to vote in
a certain way. or for certain candi
dates, for the Senate.
It is an attempt by state legislation
to change the method of electing Sen
ators prescribed by the Constitution
of the Cnited States. The whole pro
ceeding Is absolutely void. No mem
ber of the Legislature can lawfully
commit himself, or permit himself to
be committed by others, to such pro
ceeding. The Dakota case has direct
bearing on the situation in Oregon.
In principle the two are the same.
The little difference in the detail Is
nothing.
AN E-YPIAXATIOX OF MORSE.
Only'a very Irrational person could
think of blaming Bowdoin College for
the mlsdeede of the convicted banker.
Charles W. Morse. It would be Just
as sensible to charge the Presbyterian
Church with the lapses of J. Ttaorburn
Ross. Mr. Morse is a graduate of
Bowdoin and Mr. Ross is a member
of the Presbyterian Church, and there
perhaps the matter ends, or there it
would end undoubtedly were 11 not tor
the disquieting fact that most of the
men who are caught In the predica
ment of Morse and Ross are both
church members and college gradu
ates. To one Bowdoin man who pur
sues the slippery paths which have
conducted Morse to a Federal prison
there are dozens who never depart
from the straight and narrow way
of rectitude. To one Presbyterian who
transgresses the law of the land and
eludes imprisonment by lawyers'
trickery there are thousands who do
Justly, love mercy and walk humbly
with their God. Still Morse and Ross
stare us in the face. They are ugly
specters which will not down, and
though comparatively rare, yet in ab
solute numbers there are enotfgh of
them to stir up profound and perplex
ing questions.
The important fact about such men
is not that there are very few of them
compared with the whole array of
church members and college gradu
ates. What disquiets one is the
equally indisputable fact that pretty
nearly all of them do actually come
from centers of learning like Bowdoin
and from churches of the ancient dig
nity and moral splendor which belongs
to the Presbyterian. If a large pro
portion of these delinquent bankers
and financiers had never attended col
lege and were members of no church,
we could understand their failings
very easily. We should explain them
as the natural consequences of an un
educated brain and a soul dwelling In
heathenish darkness. The trouble is
that the brains of our Morses and
Rosses have almost invariably been
highly cultivated, according to the ac
cepted method and their souls have
enjoyed the full illumination of the
gospel. This curious state of things
has led some persons to infer, perhaps
with undue haste, that both In cSUege
and church there exists a tendency to
exalt worldly success above character.
So long as the end Is reached the
means which lead to it are of no con
sequence, and the great end is a mam
moth fortune entailing social pre
eminence and economic power.
On the records of a college faculty
not unlike that of Bowdoin there is a
remark by one of the professors, him
self a Presbyterian end a very strict
one. to the effect that in his opinion
It was not the duty of faculties to
oversee the morals of their students.
When Instruction had been duly given
In Latin, mathematics and so on, the
duty of the teacher to the student was
fully performed. Much reason exists
to infer that this remark was largely
expressive of the spirit of college pro
fessors in this generation. If it is,
then the career of such a man as
Banker Morse, after he had under
gone the ripening and mellowing ex
periences of four years in a classical
and Christian college, are no longer
puzzling. Left to themselves during
the most Impressible years of their
lives, many boys will emerge from the
dangerous ordeal without irremediable
injury, because human nature contains
powerful innate preservatives; but all
of them suffer measurably and some
of them fall to the low estate of a
Morse or a Ross.
Nor does it seem to be Impossible to
lay one's finger on the precise point
where modern teaching In Sunday
school, church and college most lam
entably fails. It Is in the refusal or
neglect to stimulate the sense of per
sonal responsibility for conduct. The
entire scheme of American govern
ment is a plot against moral responsi
bility by making it almost impossible
to fix upon any definite official the
blame for misdoing, and the poison
seems to have permeated pretty thor
oughly throughout our schools and
other places where character is' sup
posed to be upbuilded. Mr. Morse's
defense is a curious illustration of a
widely prevalent feeling about indi
vidual responsibility. "He was too
busy with more Important matters to
attend to the details of his bank.
Hence he was not to blame because
the depositors were robbed." This
plea he had the face to advance, al
though it was well proved that he was
himself directly accountable for false
entries on the books.
Fortunately. Morse was tried by a
Judge who was not to ,be humbugged
by the flimsy pretense that the head
of a business cannot be held to answer
for the wrong his subordinates do In
his Interest. It is his duty to know
what his subordinates are about, and
there Is solid comfort In knowing that
there sits at least one Judge on the
Federal benc'i who acknowledges the
full purport of the legal maxim that
what a man does through his agent he
does himself. Still, the contrary has
been held by the highest authority,
and Morse may have been thinking of
his Wall-street colleague. Paul Mor
ton, when he told the court that he
was too busy to know what his under
lings were doing in the bank. Paul
Morton was excused for breach of the
anti-rebate law by President Roosevelt
on precisely this ground that he could
not be expected to oversee his inferiors
in the railroad office. The tendency
haa been strong in late years to punish
underlings for corporate sins, if any
body was punished, and let major of
fenders, go free. The doom of Morse
will perhaps act as a wholesome check
upon this wicked practice and help
recall us to sounder morality and a
more even-handed Justice. That this
imprisonment for fifteen years conveys
a wholesome lesson to venturesome
bankers goes without saying. The
wonder is that any of them should
need It after all that has been seen
and done.
BAD YEAR FOR THEORIKS.
This seems to be an off year for the
Utopian theories of political dreamers
at home and abroad. Government
ownership, municipal ownership, bank
guaranty 'sophistry and numerous
other Isms have been rudely swept into
the ash heap, and common sense again
seems to be at a slight premium. These
remarks are, of course, in .part sug
gested by the result of the reecnt elec
tion, but they are also prompted by in
cidents recorded in the news columns
within the past few days. Associated
Press dispatches on Tuesday brought
the news that government ownership
of railroads In Belgium had proven
such a disastrous experiment that the
deficit through operation for the year
would reach $2,000,000. and it was
deemed imperative that a big advance
in both passenger and freight rates
be made, although these rates are al
ready higher than on other roads in
Europe where the government had de
clined the responsibility of ownership.
From Switzerland, a country which
got Into the government ownership
game ahead of other European coun
tries, comes a still more depressing re
port. The confederation has invested
J240.000.000 (a tidy sum for a two-by-four
country like Switzerland) in rail
roads, and has already issued that
amount of interest-bearing bonds. Al
though the receipts of these roads
have steadily Increased since 1902. the
cost of operation has increased so
much more rapidly in proportion that
the deficit this year will be more than
11.000.000. In other words. Switzer
land must bear the burden of interest
charges on J240.000.000, and in addi
tion pay the deficit of more than
$1. 000, 000.
In our own country the most strik
ing example of the disadvantages and
Impracticability of departing from pri
vate ownership Is shown in the Cleve
land (O.) street railway muddle. This
case is of exceptional Interest because
municipal ownership or its equivalent
wa the popular hobby on which
Mayor Tom Johnson repeatedly rode
Into power. In fact, he was regarded
all over the United States as the one
bright and shining light in this par
ticular branch of industrial or finan
cial hysteria. Mr. Johnson, after sevi
eral years of determined .effort,, finally
secured the necessary rope on which
to hang his pet theory, and the work
was accomplished with neatness and
dispatch, for yesterday the end of the
Johnson experiment with municipal
ownership in Cleveland came with the
appointment of a receiver for the
properties. This act will be followed
by a return to sound business prin
ciples and restoration of a decent serv
ice. Aside from the portage railroad at
Celilo, Oregon has never taken much
stock In business enterprises which
were dependent for their success on
political officials, under state or mu
nicipal control. The monthly deficit
in that diminutive enterprise is already
of sufficient proportions to cause some
speculation as to whether it also might
not have been omitted from ther list of
charitable institutions supported by
the state.
THE FARMERS' ELECTRIC LINE.
The farmers of Walla Walla and Co
lumbia County have practically com
pleted arrangements for construction
of an electric line from Dayton, Wash.,
through Walla Walla to Wallula and
Pasco. The proposed road will be
forty-four miles long, and. as It will
be graded by the stockholders and free
right of way will be given, it should
be one of the most economically con
structed roads In the' country. In view
of the reception not infrequently ac
corded the new roads which are part
of a big system,, it would seem that
the private line owned by rich farmers
Is a much easier solution of the trans
portation problem, than to have these
branch roads built and operated by
the " great companies. The Oregon
Electric line, which recently built out
on the west side from Portland, was
held up by property-owners for fabu
lous prices for right of way, and Is yet
fighting cases in the courts.
Tet no one would expect even the
most grasping and short-sighted property-owners
to hold- up the Walla
Walla and Dayton road for extrava
gant prices for right of way, especially
when it is noted, that, at the initial
meeting of the enterprise, the support
of 150 farmers was assured. Even in
the Wallowa country, which yesterday
celebrated the opening of the new line
of the O. R. & X., some of the property-owners
made outrageous attempts
to hold up the road for heavy dam
ages, although, prior to its completion,
the lands were practically worthless
for production of anything that could
not go out on foot or on a packhorse.
But such narrow-minded farmers
would hardly dare to stand in the way
of a company of fellow-farmers who
were investing money and putting in
their time in an effort to improve
transportation facilities. After the
independent roads are completed they
also have an advantage over the roads
constructed as branches and feeders of
the- big systems.
These independent roads are usually
thrown Into new regions where there
are no railroad facilities whatever and
the advantages of the road are so ob
vious that the people benefited are
perfectly willing to pay a stiff rate,
which, even though it be double the
rate charged on established lines, is
still so much cheaper than the pack
horse or wagon method that the extra
charge Is paid without a murmur.
This is noticeable on the Independent
road running from The Dalles to Du
fur. Although the rates per ton per
mile on nearly every commodity han
dled by this line are higher than those
on the adjoining feeder of the O. R. &
X., there Is no complaint, and the
greatest cordiality exists between the
road and its patrons. This system
cannot, of course, be followed in Cen
tral Oregon, for the farmers in that
neglected region have not yet reached
the automobile stage of prosperity,
which has - placed the Dayton and
Walla Walla farmers in the capitalist
class, and their resources are not such
as to admit of building even electric
rail lines.
The new farmers' road from Dayton
will mean much to Portland. Termi
nating as it does at convenient con
nections with both the O. R. & X. and
the Xorth Bank line, there will be but
small chance that any of the traffic it
handles will be diverted to Puget
Sound. It will also have the advan
tage, so long as boats are operated on
the upper river, of water transporta
tion for at least a portion of its traffic.
The sheepmen of Eastern Oregon
will petition the next session of the
Oregon Legislature for the passage of
a bounty law which will provide for
payment of J1.B0 for every coyote
killed. The sheepmen claim that the
wool industry has suffered a loss of
J 1,000.000 per year through the depre
dations of coyotes. The coyote has
for years been the worst pest with
which the sheepmen had to contend,
but legislation placing a bounty on his
head will not have plain sailing.
Throughout Central and Eastern Ore
gon is a vast acreago of alfalfa, and
where the coyotes have been extermi
nated the jackrabbits have ruined, the
alfalfa fields. It is not an uncommon
sight to see several hundred jackrab
bits breakfasting in an alfalfa patch'
where they have spent the night, and
the havoc wrought is so great that the
alfalfa farmer regards with great fa
vor the coyotes, which are exception
ally fond of jackrabbits, and a strenu
ous protest against destruction of coy
otes will be entered.
Thomas B. Marshall has been elect
ed Governor of Indiana. He is a
Democrat: yet Taft got the electoral
vote of the state. The New York
World asked Mr. Marshall .for an opin
ion. He answered:
It inmi to be the fate of groat reformers
like Mr. Brvan to live In history rather
than In office. Disheartening na la. the
result In the Republic, the increased . vote
for Democratic principles In many of the
States 'leads me to hope that the money
mad' magnates will yield to treatment
rather than die the death which inevttaoly
overtakes all those who grow arrogant.
The business interests will surely see that
our party -Is not the pnemy of vested rights.
Mr. Marshall owed his own election
to the united support of the liquor in
terests of Indiana, that struck back
at the Republican party because it had
enacted the local-option law. But
will the local-option law of the state
be repealed? Wait a little.
Universal sympathy is felt for Henry
Watterson, the veteran editor of the
Louisville Courier-Journal, on account
of the tragic death of Harvey Wat
terson. his son. A pathetic picture is
that of an aged father, mourning a
loss so utterly at variance with Nature
as this. Unhappily, the picture is not
an unusual one. The cry, "Oh, Absa
lom, my son!' borne down from the
ages and vibrating all along the line,
Is still heard. As sung by Longfellow:
There is no far or near.
There is neither there nor here.
There Is neither soon nor late
In that "Chamber o'er the Gate";
Nor anj-( long ago
To that cry of human woe.
Oh, Absalom, my son.
The Chinese boycott against Japan
continues to be a much more serious
rrxatter than Japan relishes. The Vice
roys gravely issue orders cautioning
the Chinese against making use of the
boycott, but the strength of the move
ment remains so great that there is
more than a suspicion that they "wink
the other eye" as soon as the order is
Issued. Japan's loss in trade through
this boycott has already reached enor
mous proportions, and before the end
comes the Mikado's men will undoubt
edly Wish that the Tatsu Maru had
never engaged in a filibustering expe
dition against the Chinese.
One B. F. Jones, of Polk or Benton
(little matter where), claiming to be a
Republican, attempts a denunciatory
criticism of The Oregonian, on State
ment One, through a Bryan organ.
Oh. well! that is to be expected. Ex
posure of Jones, member of the Legis
lature two years ago, by The Orego
nian, will account for everything. Let
Jones pass. Let him continue to smell
his particular. But the general nose
will not mistake.
i Apples vying with each other In size,
beauty and coloring, and challenging
apples of all past exhibits in the Wil
lamette Valley, if not in the state, are
now on exhibition at Albany. The ex
hibit is certainly fair to look at, and
bespeaks the attention of apple-grow
ers from every section of the Pacific
Northwest.
Oregon, a wool state, needs a pro
tection Republican for United States
Senator, but It is asserted that the
"will of the people" demands Cham
berlain, a free-trade Democrat. Some
members of the Legislature are said
to be pledged to serve the interests of
the state that way.
Every Republican, and many Demo
crats, know that Oregon should be
represented In Washington by a Re
publican United States Senator and
would be better served by a Repub
lican. And yet it seems necessary to
petition members of the Legislature
to do their duty.
In a friendly game of high school
football at Los Angeles last Saturday,
six boys were Injured, three seriously
and one perhaps fatally. If the boys
had not been so friendly, or had been
"out for blood" they might have .got
through without injury.
A hide-bound partisan nowadays is
one who rails against party rule after
doing his utmost to rule through his
own party, all the time pretending to
be non-partisan. '
Having been informed that he will
not be invited to the White House
labor dinner, Mr. Gompers indig
nantly declares that he won't go.
Right.
In order to save law enforcement
from being a farce, the Legislature of
Oregon might repeal the laws which
make bankwrecking a felony.
The persons .who now think they
will get in and do a big- pile of work
by and by will then have to wait for
fine weather to come back.
We can see Mount Hood every day
now, but don't care about it. And yet
the old Mount is just as beautiful as
ever.
It ought to be worth something to
the Southern Pacific to continue use
of Fourth street that's a fact.
Mr. Bryan will go to Washington to
urge his reforms on Congress. Of
course he will keep off the grass.
LEGAL ASPECT OF STATEMENT OXE.
The "Law" on the Subject Is No It
At All.
Pendleton Tribune.
In liU letter to the Oregonian an
nouncing In terms that he would not.
accept the senatorehip at the hands of
the next legislature, since It cannot go
to anybody but Chamberlain unless
what he terms the law of the state is
broken, Judge Lowell takes a position
which virtually declares that both the
Statement No. 1 provision in the direct
primary law and the "compulsory state
ment" enacted in June are "laws of the
state."
But upon second thought the judge
would probably reviee this declaration.
Any act which merely advises or sug
gests that certain things be done could
hardly be called a law. The purpose
of the law Is to outline what a citizen
shall or shall not do. couched In words
which carry behind them the power of
the state to enforce the requirement.
The Corrupt Practice act doesn't say
that the people would prefer voters
should not wear badges on election days,
or that they should not use carriages or
automobiles in taking voters to the poll
ing places. Rather, it says this "shall not
toe done," and proceeds to specify a fine
which shall be levied and collected In
case the law shall be violated.
The law says if a man shall set fire
to a house he shall be sent to the peni
tentiary, and the manner of enforcing
such law is specifically, stated. So with
all other laws.
But in the case of Statement No. 1
it is declared that a candidate "may"
take it, "may" take another or "may"
take, none. There is no effort what
ever to enforce that section of the pri
mary law, but every other section has
all the power of the state back of it
to guarantee a compliance with its pur
pose. The plain reason for this Is that the
Statement No. 1 section is not law,
while all the others are. Nobody can
deny this.
It is precisely the same with the "com
pulsory statement," which was "en
acted" last June. There Is no power any
where to enforce It and no pretense that
there Is. Indeed, when the North Da
kota Supreme Court decided that a simi
lar "law" In that state was unconstitu
tional for the reason that it plainly .-on-fliets
with the constitution of the United
States, which places the power of choos
ing United States Senators within the
hands of state legislatures without any
restraint or influence of any kind, the
Portland Journal said that such decision
was to be expected, of course, since no
body contended that the act was any
thin.; but advisory.
But laws are never merely advisory.
They are always compulsory, and when
the people of Oregon voted last June
for the instruction of members of the
slate legislature as to whom they should
vote for for United States Senator they
as plainly attempted to violate the con
stitution of the United States as if they
had undertaken to amend the present
system of choosing the President.
And there can be no doubt of this what
ever. The one Is as plainly set forth in
the Federal constitution as the other,
and all the hair-splitting which can be
brought to bear in no wise changes that
proposition.
It Is for this undeniable fact that when
the people passed the "compulsory law"
last June they didn't pass any law at all.
As the Tribune remarked at the time,
they merely enacted a vacuum.
When the constitution of the United
States plainly declares that the legis
latures of the several states shall choose
the United States Senators, and that the
people of the several states shall choose
the representatives, it doesn't mean and
wasn't intended to mean that the peo
ple should choose the Senators or may
"Instruct" the legislature what to do in
the matter.
As to whom a legislature shall elect
United States Senator, the matter being
specifically set forth in the Federal con
stitution, the people have no more legal
Eight to interfere than they would re
garding the salary which shall be paid
him The United States Senator is a
Federal official, altogether so. and in
the aggregate, together with the repre
sentatives, whom the Constitution says
the people shall choose, constitutes one
of the co-ordinate branches of the Fed
eral government.
For these reasons, which are condu
cive to The Tribune, this paper does
not believe any law has been passed
on the subject by the state of Oregon,
but that any member of the next legis
lature can vote for any man he chopff
for United States Senator without dis
regarding any law of the state."
As to "broken pledges' that is an
other phase of the subject, and is one
for each member who subscribed to
Statement No. 1 to answer for himself
Eut the legal phase of the question is no
phase at all.
THE PAPER FOR THE NEWS
Flrat and Fonmoit, The Ore-gonlan la
a Newspaper.
The Dalles Optimist.
During the campaign Just closed we
tried to 'keep pretty close watch on the
trend of political events, and to that
end we read the daily papers rather
carefullv, and we must say that we got
about everything concerning both sides
from the columns of The Oregonian.
That paper certainly treated all par
ties fairly, arm very little In the way of
newB escaped its editors, and no matter
whose ox was gored they gave the cur
rent events without coloring.-
We have referred, of course, to their
new columns. On the editorial page
they Just as consistently supported Taft
as any paper could, but on all the
other pages they gave the news as it
came over the wires, and we know
that their dispatches covered the whole
''"without The Oregonian the Demo
crats of the state would have been all
at sea. for the Democratic papers we
have were so biased and prejudiced
that their dispatches were not to be re
lied upon. Hence all turned to The
Oregonian to see how the campaign
was running. A.
For instance. Just before the election
the Democratic papers all claimed that
Mack's figures giving Bryan a huge
maiovltv of the electoral vote were
correct." The Oregonian gave Macks
estimate side by side with Hitchcock's
so that its readers could draw their
own conclusions. '
The Oregonian is surely a wonder
ful paper for a city the size of Port
land; and gets better and better day
by day.
Stand .Put" In A at oris.
The Daily Astorian.
Bv the incontestable proof of two
elections held within this city Inside of
ten days, the Republican strength of
Astoria electorally speaking, is as
four to one! What more in the name of
Heaven, hope or hazard does a man
want to urge him to take what belongs
o him bv right of sheer numbers and
the plea 'of a commanding franchise?
Republicans of Astoria. Just for once.
In the interest of harmony with a Na
tion that has claimed its own on that
identical ratio. "Stand Pat" and resume
control of your own city!
A FEW SQUTBH.
ra.tboy Really, dear, you shouldn't wait
auoSir for me this way when I'm detained
iVhe office. Mrs. Fastboy Supper, you
fdloC t. maid Just laid the table for
breakfast. Puck.
T wonder what the President would have
done It Pomlell when It rained hot ashe.
and nfolten lava." "Seized .he occasion. In
In probability, to go for a nice walk."
Louisvi'ue Courier-Journal.
Officer investigating old-age pension
claims Well. Mrs. Brady and how old
"JX von be? Mrs. Brady Sorra wan ot
indeed, .or. Officer-Think now
Don't you know the date of jour birth?
2 B The dale of my birth. Is it? Sure,
there was no such things as dates when X
was born. Punch.
WHY STATEMENT NO. 1 IS INVALID
No PIrdare Cmm Be BlndlaaT Wheal It Require Violation of Learlalator'a Con
stitutional Doty Obllatntlon o Make Free Krectlon of Senator Must Not
Be and' cannot Be Signed Away.
PORTLAND. Nov. 12. (To the Editor.)
Senator - Bourne says in Collier's that
no oath could be more sacred In honor
than a legislator's statement, while a
candidate, that he will ratify any choice
the voters of Oregon may make, and that
a legislator- breaking such "pledge"
should be branded as the most contempt
ible of cowards, and the person who
would advise or In any degree Justify
one of these legislators in betrayal would
become even more contemptible than the
actual culprit In the estimation of every
honorable man: and the beneficiary of
such perfidy and betrayal of such a sa
cred trust could not escape, and the
Senatorshlp itself would be unclean and
the odors of fraud would linger in the
toga. Such perfidy he terms treason
presumably without benefit of clergy.
We should, therefore, be careful not to
advise legislators, and should they find
other than Governor Chamberlain worthy,
all should commiserate the "beneficiary."
The Senator construes Statement No.
1 as a pledge binding absolutely. Let us
see. Legislators, under the Constitution,
must be free and unbound in the selec
tion of a Senator. Voters had no right
to ask a pledge and candidates no right
to give it. In September last. Tho Ore
gonian published two of my articles set
ttcg forth absence of all law and positive
Inhibition of any "pledge." That State
ment No. 1, if meant as a binding pledge,
was contrary to sworn duty, unjustifi
able in any voter demanding it, destruc
tive of existing representative govern
ment, and void In public policy. That
no Legislative candidate had iny legal
or moral rlfht to handicap himself from
doing his full Constitutional duty to
choose finally a Senator as he alone
thinks best. That no state voter owing
good citizenship duty to maintain our
Constitution had any legal or moral
right to ask, demand or accept any Sen
atorial pledge from any candidate who.
when elected and qualified, must become
oath-bound to decide that matter for him
self. That the whole scheme was a sen
timental and impracticable attempt, on
pretext of "people's choice,'' to disregard
and defeat the constitutional will of the
whole people of the United States a
mere humbug political device, enabling
factions in Oregon to nullify supreme
law a breeder of turmoil and of no
redit to the state. That If we desire
to elect' Senators by a direct vote, we
should first change our Constitution and
representative system, etc.
No one has ever attacked that posi
tion, nor can he. It is impregnable. And
row. since the Dakota decision, even the
Prvan-Chamberlaln organ concedes, as
it must, that Statement No. 1 possesses
no validity in law whatever. It admits
that "nobody worth consideration pre
tends that a state law can bind, or legally
obligate a member to vote for 'people s
choice.' " Certainly. Stick a pin here.
Then why yet claim that it binds?
Legislators cannot aim awny their own
constitutional power nnd duty to e
leet. Every voter was presumed to
know the law. They all knew "pledges"
could not be binding, and ought not to
be binding that the right of free ac
tion must ever remain, yet they still
cry, "pledge," "obligation," "contract"
and "sacred oath," as though the thing,
fraught with entire unconstitutionality,
really did possess virtue.
If anyone imagines there is any effi
ciency in any "statement," or in any
state "law" instructing members for
whom they shall vote, mandamus can
easily be brought to compel legislators
to do. their "duty" and elect Mr. Cham
berlain. A It nil U without law and
agninat law, It follows that It la mor
ally unaupportable.
We knew that no state law could
evade National law, and yet we delib
erately attempted it. We knew that
"popular choice." at best, could only be
suggestive for what, under all circum
stances, it might be worth nothing
more than a mere right to petition, as
the Dakota court says; and that ef
forts to make dts pledge binding were
void in public policy; indeed, it never
arose to -the grade of a petition even,
for that implies that the petitioners
know what they want, but in the Ore
gon "pledges" and "instructive" laws,
Satan himself could not tell who is
"pledged," "Instructed" or "petitioned"
for. In advanceIn fact, this is what
makes the whole thing so absolutely
absurd. It run up againat supreme law
na well as common sense, and of course,
nil folia n flat fnllure.
a
Everyone knew that until the Consti
tution was changed, the people of no
state had any right, legal or moral, to
choose a Senator, or to dictate one, for
all the other people of the Nation. They
all knew members were charged with
a National trust duty to the whole
people to select for the whole Na
tion, and that Oregon laws could have no
say. They knew that the only power
our people had was to choose members
to vote for, or against, those legislators
who in turn must do their own choos
ing of a Senator; and that it was all
in the face of constitutional law which
must be respected, and that people In
a state could not dictate, nor tie their
legislators' hands from casting their
own oath duty votes as they might
deem best.
The Constitution gives each legislator
that absolute right, and no one can hold
him up and take it away.
As to how much "moral" obllgntfon
arrows oat of theae ratlle attempts at
subversions of binding- law how much
"morality" there la In Ignoring nnd
violating oath doty, or what "moral
ity" there la In members forearolnsr
now their aworn duty, In order to
come up to the esthetic claim of some
one else, may be a qneatlon which
halr-apllttlng casnlats may discus a.
Conceding the promise Invalid, yet in
sisting it be kept, and well knowing that
not a member ever directly promised
to vote for Governor Chamberlain, they
yet assert all are bound to vote for him.
Not one could have been elected If he
had so directly promised. What they
promised was merely to swallow for Sen
ator whoever the highest vote might pull
out of the June election grab-bag. yet
everybody must concede that no legisla
tor could bind himself to choose for Sen
ator an unknown "pig in a poke." Such
a "system" renders our Constitution a
farce. '
a
Yet Senator Bourne. In Colliers'
solemnly asserts that all our legislators
are morally obliged to choose Mr. Cham
berlain as' by a "sacred oath."
It will be for the legislators not Sen
ator Bourne to determine whether it is
more moral to violate sworn oaths of
official duty, or to ignore any incon
sistent "pledge." If they can tind a
better Senator to elect, the whole coun
try is not to suffer because of any il
legal prior promise.
How "moral" was it for a faction of
people to arrogate to themselves a right
to demand that candidates forswear or
forepromise themselves to renounce fu
ture trust duty? How "moral" to follow
blind "state Instruction" at the expense
of the Nation?
One Journal says there was nothing
Inherently wrong in Statement No. 1. But
there was If it be construed as abso
lutely binding. '
Promise to forego official duty 1 of
roarse Inherently wrong;, and food cit
izens can not demand, receive, net or
vote on any anch pledge. Nor could
nny such promise eTer be "In the In
ereat of true democratic aovernmenf
na aoroe thoughtleaaly assert, for it la
destructive of constitutional represen
tative srovernment, which Is our only
form of true repreaentatlve democracy.
Candidates often "state" too much be
fore election, but they are not bound
by anything known to the voters as vio
lative of sworn duty, when elected,
a
If Statement No. 1 be so blndlngly
construed, as claimed by Senator
Bourne, legislators certainly will find
themselves up against something next
January, and such promise, or their
oath, will have co give way. Which
would be the more morel? If State
ment No. 1 is really as bad as Senator
Bourne construes It, then, shall one
who reconsiders the bad in a state
promise, merit obloquy more than the
one who violates an oath promise to
do duty to the whole people of the
United Staes?
One thing la certain when they de
liberate, if any member really desires
to select some one else, yet votes for
Mr. Chamberlain, not because he wants
him as the best man for Senator, but
aolely because the member fet-la bound
and tied by Statement No. 1, such mem
ber will violate his own sworn duty
with all It implies. What about the
Immorality of such a sacred pledge
broken to the whole people? Only can
a member vote for Mr. Chamberlain,
and not violate his oath duty, when
he makes up his legislative mind that
Mr. Chamberlain is the best material
for a National Senator from Oregon
for the next six years.
Senator Bourne asserts that odors
from broken promises will linger for
years on the toga of any other than
Mr. Chamberlain. But how if Mr.
Chamberlains election should ba
"over" broken oaths but let us fore
bear to stir chat up.
Would Mr. Chamberlain's tog-a be
Immaculate, If they should believe him
not the best man. but only swallow
him with chokes and gulps. In mere
imagination that they were forced to
vote the "peoples' choice" to save their
"honor?"
a a
But it's now apparent thst even
"people's choice" was tainted. Sen
ator Bourne in Collier's, now admits
that Governor Chamberlain received
the votes of several thousand Repub
lican enemies of the "law," hoping to
make Statement No. 1 "odious." Cer
tainly. That's well known. "Several
thousand" Is more than 300" Repub
licans voting to make It "odious."
Call It only three. Counted against
Chamberlain they make a dlfferenon
of 600O. His plurality was merely
1500. Thus it is conceded thst he.
practically, did not come within 4500
votas of real "people's choice." The
vote he KXt. many of them, did not
want him, did not expect him to be
finally ehoarn. bnt simply aonght to
put Statement No. 1 In a hole to
"make It odious," and yet Senator
Bourne contends. that this transparent
humbug of a "choice" be ratified and
consummated, or eternal damnation the
consequence. A farce like that, he
contends, becomes "the representative
of a principle and the law." and to
question It "an insult to the Intelli
gence, independence, and patriotism of
Oregon electorate!" Is any comment
necessary?
If respect Is due to choice of Oregon
people, show it to Oregon's 23,000
choice for Republicanism at Washing
ton. While Senator Bourne does not refer
to our tainted primary, he doubtless
would be equally frank and concede
that the previous primaries were
fraudently contaminated by the voting
presence of thousands of Dcmocratlo
meddlers with Republican nominations.
abusing the primary law. forcing Re
publican nominees, and tainting with
fraud even the primary . Eepublican
choice of candidacy against Mr. Cham
berlain last June.
Instead of carrying out Oregon's will.
Statement No. 1, In practice defeated
it, one. beauty of this new fangled
thing. This Juggle and political trick
ery defeated the right even of party
organization to enforce political views
in constitutional ways. It was. as
every one knows, "all turkey" for mi
nority Democracy.
No one believes that a Democrat was
then, or Is now, Oregon's choice for
Senator, yet partisans boast they have
gagged and bound, now, a majority of
free Republican Legislators.
Realizing as Senator Bourne must,
that Mr. Chamberlain was not. and Is
not. "people's choice." he asserts yet
that it is absolutely ihconceivable that
a single one of these 61 men should re
fuse to vote for him. claiming that
their "sacred honor" is now to con
summate this rape on people's choice.
He appears apprehensive of grave "eon
sequences to government and society,
if Mr. Chamberlain is not chosen by our
free legislators, but there are those
who think that worse things might
happen than questioning Chamberlain s
"divine right" to represent Oregon in
the United States Senate.
a a a
Speaking ad homlnem Our people
wish our legislators to observe, not to
violate their official oath, and want
the Constitution respected and en
forced. What can a Republican Leatlalntor,
who finally decide that Democrat
must be the fit nnd proper mnn for
Senator, ever expect from Republican
Oregon, or n Republican ndmlnlatrn
tlon which represents the whole people
of our country Will that administra
tion take much "stock" in the 'mo
ralitv" that would betray the constl
titutional will of the whole people, be
cause of unlawful demands of so-called
"people's choice" of a state that sub
verts the law of the land?
Has snvone heard of 321 e ec.tt.ral
votes for a Republican - administra
tion, and must Republican Oregon
send a Bryan Democrat to Washington
to help pull all dwn? . ...
The signed "promise" waa in the na
ture of a statement of declaration of
intention, but subject, pf course, to
constitutional freedom of final choice
and action. It would have bee" im
moral to have meant It as a binding
disregard of oath, or for voters to have
"TcTone'-know. better than Senate,
Bourne the assumed elasticity of 'elec
tion promises." yet he now cracks a
wh"p over members' heads and read.
them a "moral" riot act, if they eve
dare to constitutionally think for
Such'abs'urd and extreme views also
deprive all cltiaens of any right to
offer Senatorial services to their staM
and Nation. We observe that Judg.
I.owell declines to be a candidate be
cause of "laws" of this state, or pri
mary "Pledges" of members. He ha,
a right to be a candidate, and this i
but an illustration of the utter ab
surdity of the whole thing when a man
of Stephen A. Lowell's standing claim
he is barred from an ambition of hii
life The truth Is that up to the verj
hour the Legislature votes, any com
petent elector has a perfect right tfl
have his candidacy considered bj
that body. That Is what L't'.nature
are for. and he ran neither inlaw noi
Tn morals be barred out. Mr. Chamber
lain has no lock or key for shacklel
on legislators. ,
In brief, the constitution invest!
members with discretionary duty to se
lect next January. If they attempted
to sign away that discretion to - voters
of Oregon, it was an unconstitutional
and "void 'promise. They .till hav,
their constitutional discretion and duty
It remains for them to use or they wi I.
violate oaths and violate the Consti
tution again, if they simply "-"';
for the mere sake of keeping theli
word anv discretionary power they at
tempted last Spring to sign away. II
would then be a double violation. Thi
logic Is absolute. M. C GEORGE.