TIIE MOItXIXG OREGOXIAX, WEDNESDAY, ypYEMEER 18, 1903.
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COSiCEBNTNT SLAVF.BT.
In Mr. L. F. Floss' letter, which to
printed today, the statements of fact
are erroneous and the logic is im
becile. Still, it is interesting because
of its point of view. Written from the
standpoint of the farmer, it seems to
voice in a vague and mistaken way
a sense of injustice which is almost
universal among men of that calling.
That there are grounds for this lee -lng
no candid person can deny, but it
Is also indisputable that whatever In
justice the farmer suffers through un
equal laws is mainly his own fault.
Hitherto, throughout all time and in
all parts of the world, his -peculiarity
has been the stock in trade of the
humbugging politician. The first and
easiest trick which the Politician
learns is to fool the farmers. They
do not combine in their own interest,
nor have they confidence e"Sh in
each other to trust an agent of their
own class, nor Inclination to analyze
the conditions which oppress them
and seek a rational remedy. Mr.
Kloss' letter Illustrates all these state
ments and confirms them.
In a general way Mr. Floss takes the
position that the farmer is a slave
because he is compelled by la o
pray his orchard, produce clean milk,
take precautions about setting fires,
and so on. In his opinion the city
man is much to be envied on account
of his freedom from any restrictions
of this kind. Here Is where Mr. Floss
errs as to his facts. For every police
regulation which hampers the liberty
of the farmer the city resident has
to submit to a dozen. Think of the
ordinances concerning sewerage, wa
ter use of the streets, keeping weeds
from vacant lots, the maltreatment of
horses, noisy dogs and pianos, for ex
ample. Numerous others will occur to
everybody who lives In town. If the
farmer is a slave because the law
interferes in some particulars with
his freedom of action, then the city
dweller is ten times a slave. The
truth of the matter is that no man
who lives as a member of the social
body can do just as he pleases. Each
has to give up some of his natural
liberty for the good of all; otherwise
the state would dissolve Into its syrvage
units.
Take the subject of compelling the
farmers to spray their fruit trees, over
Which Mr. Floss makes so much ado,
for instance,' He thinks this regula
tion interferes unwarrantably with his
liberty. Let us see. Suppose John
plants an orchard and takes good care
of it. Suppose also that his near
neighbor James has some old trees
which are nurseries of bugs, worms
and fungi, which cross the line fence
and destroy John's crop, as they cer
tainly will do. Does not James, by
his misfeasance, interfere with John's
liberty to produce high-grade fruit?
Has not John as good a right to raise
tine apples as James has to raise bugs?
And since the law must suppress the
liberty of the one In order to protect
the liberty of the other, which is It
best to suppress and which to protect?
Take again the case of impure milk,
which also raises a wail from Mr.
Floss. ' The dairyman, in his opinion,
is a slave because he must keep his
barn clean and not let manure fall
into his milk pails. Perhaps he is.
In the natural state of man he would
have the right to make his product
60 per cent milk and 50 per cent
typhoid fever germs if he so desired.
But the man who buys the milk also
has natural rights. One of them is
the right not to be poisoned, and if
Mr. Floss sells nasty, infected milk,
pretending that it is wholesome, then
he grossly Infringes upon the buyer's
right to ilfe and the pursuit of hap
piness. Here again the law is com
pelled to protect the liberty of one
man by infringing the liberty of the
other, and the sole question 1s who
Vest deserves protection. Which Is the
more valuable upon the whole, Mr.
Floss' right to sell filthy milk or the
purchaser's right to health and com
fort ?
The beauty of it all Is that farmers
like Mr. Floss, who rebel against
wholesome regulations, directly violate
their own financial interest, since the
better their product is the more money
it brings them. It Is not to the city
dweller or to the law that they are
slaves, but to their own ignorance and
invincible stupidity.
THE BOl'NDABT DECISION.
The Supreme Court of the United
States has at last settled the old con
troversy regarding the boundary line
between Oregon and Washington, and
this state is given possession of Sand
Island and other tldelands adjacent.
That the contention of Oregon has
been sustained by the Supreme Court
will not prove surprising to any who
were familiar with the main points In
volved in the controversy. The orig
inal boundary line between the two
states was fixed at a time when the
main ship's channel 1n the river found
its way seaward north of Sand Island.
Having fixed that channel as the
boundary, it has never seemed reason
able that it could be shifted as the
channel shifted. Had this contention
been sustained, it would be Impossi
ble to establish a fixed boundary in a
great many of the waterways of the
country.
It is not a difficult matter to shift
the channel of even as great a river
as the Columbia, and, if the boundary
which is necessarily fixed by these
channels is ffiade so flexible that It
moves with every change In the chan.
nel, it would be Impossible ever to se
cure any stability in the metes and
bounds of the property lying adjacent
to this flexible boundary. This de
cision of the Supreme Court will not
be rendered any more pleasing for the
Washington people when they remem
ber that it was their own acts in driv
ing fishtraps in wholesale numbers Into
the old channel that caused Baker's.
Bay to fill up with sediment and close
the formerly well-defined channel
which marked the boundary line.
The "ship channel," "navigable
channel" or "main channel" of water
ways has from the earliest days been
used in part as a dividing line be
tween nations, states and counties
wherever such channels were avail
able. Had the Washington contention
been upheld in the Sand Island contro
versy a precedent would have been
established that would have unsettled
titles to lands wherever watercourses
serve as boundaries. The Canadians
would never think of reopening the
San Juan dispute, which grew out of a
"channel" boundary, and yet the
ships' channel" now. most frequently
used in passing San Juan island. Is
the Haro channel, its prestige having
increased since the two governments
decided that Rosario Straus and not
Haro straits was the "main ships'
channel."
THESE FACTIONAL BIFFKRENCES.
Referring to a letter written by
Mr John Gill, in which reference is
made to members of the Legislature
who, having been elected to vote for
Senator Dolph. refused to vote for
him, and to The Oregonlan's censure
of their refusal, it la only necessary to
say that fidelity to party makes every
difference in such a matter. Though,
of course. It will be argued" that if a
man has no political principles, it can.
make no difference. Men now are told
that a "pledge," that at most was only
conditional, and moreover was part of
a trick game, with fraud behind it,
requires them to vote in highest mat
ters against the political principles
they profess. But the men who refused
to vote for Dolph still voted for a
Republican, and though they did not
keep their word as to Dolph, they did
not betray their party on its main
principles.
It has long been evident that the
Republican party of Oregon Is in such
condition that nothing can be accom
plished through it. A good while ago
The Oregonian said this, and declared
it would be thereafter independent. In
all local and state matters, because
nothing could be accomplished through
a party so lacking in spirit. And yet
The Oregonian knows that under our
political system nothing can be ac
complished except through party.
However, it Is useless to endeavor to
maintain a political party, or to ac
complish anything through party
(except defeat) on th principles and
methods now prevalent. The Orego
nian declines the effort.
In the conduct and course of the
Republican party in Oregon there has
been nothing rational for years. No
man of Judgment will try to do any
thing "With it or through it. Distracted
by every sort of folly, it is incapable of
concerts or rational effort. Kach of
Its factions, to triumph over another,
is willing to throw everything away.
Let it be so then since there is no
help for it.
"SELLF-OOVERN'SraNT IN CUBA.
The "Liberal" party has triumphed
in Cuba. Liberalism in Cuba means
the right to seize the property of
others, under forms more or less of
law; less rather than more. Of
course, property will resist. Then
there will be anarchy, and the Army
and Navy of the United States will
be sent to Cuba again.
AH this is absolutely certain. But
when the military and naval forces of
the United States go back, to Cuba
once more, they will stay there. And
they will surely go back.
They -will go back, because the
"Liberal" party In Cuba consists of
revolutionists, of the population that
opposes order and government, and
has no regard for the rights of per
sons, of property or of business. But
property must have protection, busi
ness must be done, peace must be
maintained; and it can not be long,
therefore, till the authority of the
United States will be invoked In Cuba
again. Then - the authority of the
United States will stay there.
It has cost the United States more
than ten millions of dollars to restore
order in Cuba. The money never will
be repaid. But the next "revolution"
in Cuba look out for it. During the
next one hundred years say longer
the country will be only a military and
naval outpost, and satrapy or appan
age of the United States. But within
some conceivable period the country
may learn come of the first principles
of self-government, and Cuba then
may become an important state of the
American Union.
We are compelled to look out for
and to take care of Cuba, to prevent
some other nation from getting It.
Cuba, therefore, will always be a de
pendency of the United States. It is
so today, and the forces of concentra
tion in modern life will tend steadily
and irresistibly to the unification of
the interests of Cuba with our own.
Cuba cannot ba Independent of the
United States.
COMPROMISE VERDICTS.
The Oregonian has received from a
member of the bar a letter, not de
signed for publication, which raises
an interesting question concerning the
verdicts of the Juries in the Martin
and La Rose cases. These malefac
tors were both indicted for murder in
the first degree. Our correspondent
makes the point that they were either
guilty as charged, or they were not
guilty, and that thi Juries in con
victing them of lessor crimes effected
an illegal compromise with the facts
and the law. In other words, the
juries had no rightful choice between
convicting Martin and La Rose of
murder in the first degree on the one
hand and acquitting them on the
other.
This view of the matter is beauti
fully scholastic. The logic of It is
unimpeachable, and if we lived in a
world of pure mathematics It would
be convincing. The trouble with such
reasoning is that we live not in a
world of pure mathematics, but in one
of dubiety and compromise. Most of
our acts fall far short of what strict
logic would demand, and they are all
the wiser for it. The best logicians
in the world are the theologians, and
the next best are the lawyers, and it
has never been safe to. trust either of
these classes with much power over
human conduct.
The only Justification there is for
the Jury system Is the expectation that
twelve men of sound common sense
will look at facts and the law with
that broad, tolerant, compromising
vision which It Is madness to expect
from lawyers. The jury Is Invaluable
because It is not logical. It is indis
pensable to the administration of Jus
tice because tt walks roughshod over
petty difficulties and Infinitesimal dis
tinctions which appal the lawyers, and
reaches verdicts which common sense
approves in cases where the lawyers'
nice ratiocination would lead to a fail
ure of Justice. Doubtless It would have
been well to hang La Rose. He seems
to be a creature of little worth whose
crime was pretty well established.
Still, in the minds of three of the jury
men, it was not established, and they
stuck invincibly to their opinion. What
were the other nine to do? Had they
been lawyers trained in the inflexible
subtleties of scholastic logic they
would have said. "All or nothing. If
La Rose is not guilty in the first degree
he is not guilty at all. and we will let
him go." But being men of plain
common sense they took the more
utilitarian view of the matter and said,
"Very well. Since we capnot agree,
let us not force an utter failure of
justice, but strike a compromise. We
will split the difference between us
and convict him in the second degree."
Thus the mathematics of the case was
outraged, but substantial justice was
attained.
It is vastly better for La Rose to
spend the rest of his life in prison
than for him to stalk forth a free
man, as he almost certainly would
have done had there been no verdict
and a second trial. We all know what
comes of second trials and reversals.
Logic is satisfied, but justice weeps
over them. The fact that the com
mon sense of Juries is inaccessible to
the scbolastio logic of the- lawyers Is
one of the saving merits In our ad
ministration of Justice.
THE BOSS Bl'HCO CAMK.
An Oregon Republican who does not
want to see George B. Chamberlain
elected United States Senator by the
Legislature says for himself and his
fellow Insurgents:
We are convinced that a stat -which gave
Tnft & pluralitv of nearly 25,000 does not
want a Democratic TJnlted States Senator.
Well, you can't have your primary and
reject Its mandate without incurring a
charge of bad faith. Republicans like
this Oregon bolter ousht to take their
medicine and afterward try to repeal
the Senatorial primary law. New York
Sun.
It was bad faith from the beginning;
a juggle and a bunco game. The pri
mary was no primary: there was not a
scintilla nor touch of honesty In it.
Chamberlain's name didn't appear on
the primary ballot His supporters
registered as Republicans and voted
for one of the Republican candidates
for the Senate, intending to vote
against him and for Chamberlain in
the election, which they did. Like
wise, they offered no candidates of
their own for the Legislature, but
voted for and nominated so-called Re
publican candidates, pledged to "the
game"; and then, in the general elec
tion, voted for and elected them.
Knowledge of all this proceeding dis
gusted large numbers of Republicans,
who refused to support the candidates
thus foisted on them by Democratic
votes; and to emphasize their anger
they voted for Chamberlain, too. No
body ever saw a bunco game In poli
tics that could equal it.
The conditions are all ready for
repetition vof it in future electoral
contests. Next time again Democrats
will register as Republicans. They
will vote for the nomination of the
Republican for the Senate whom they
suppose easiest to beat. Very prob
ably it will be Bourne. Then Gearin,
or whoever may be the Democratic
candidate, will get the - Democratic
vote, and so-called Republicans in the
Legislature will be called on to elect
him; as now they are called on to
elect Chamberlain.
Continuance cf this game, indefi
nitely, can be prevented only by re
jection of Chamberlain now. Tet The
Oregonian does not suppose he will
be rejected. Let the game, therefore,
go on. All. that The Oregonian ex
pects to do Is to let all the people of
Oregon, and others whom it may con
cern, know that it is not so childish
foolish as not to see through the game.
Tet certainly, if others can do with
out a Republican party in Oregon, this
newspaper, which asks nothing from
any party and has no use for any
party, can.
Get ready for another Democratic
Mayor of Portland next year, and for
another Democratic Governor of Ore
gon a year later. Next thing after
that, the Senatorial bunco game again.
For It is not likely to be possible to
arrest or change the proceeding yet for
awhile.
ITF.AI.TIIY PAX'SE IS STOCKS.
The extent and raprdity with which
stock prices have advanced since the
election have been surprising even to
the most optimistic who, with excel
lent reason, were Inclined to the view
that much of the beneficial Influence
of the result had been discounted in
the general belief that Taft's election
was a certainty. Thus far there have
been no indications that prices of legit
imate, stable securities have been
forced too high or too fast; but ft may
prove the part of wisdom if the "slow
ing up" process, which has been no
ticeable this week, continues for
awhile. Crops are abundant, prices
are high, there is an Increasing de
mand for labor, and for the manu
factured products which are created
by labor. On every hand there is
plenty of evidence that we are stead
ily climbing back to the industrial
eminence from which we were hurled
by the panic a year ago.
But It must not be forgotten that
panics are precipitated by whirlwind
speculation and abnormal Inflation of
stocks, and that, once started, these
movements are liable to be carried by
their own momentum clear over the
danger line between legitimate invest
ment and illegitimate speculation.
There are a thousand industries, large
and small, that are now gradually re
suming operations after a protracted
period of idleness, and In the aggre
gate a large amount of money Is need
ed to keep them going. At present
there seems to be an ample supply of
money for all legitimate demands, but
this supply will be curtailed if Wall
street is again permitted to get ex
cited and play ducks anfi drakes with
the unnumbered millions that were at
its command when the climax of our
prosperity spree was reached a year
ago. It is a healthy sign that there
are pauses in this upward movement
in stocks, for they display a tendency
on the part of the leaders in finance
to hold speculation down to reasonable
limits and thus prevent a possible
scare which would send the savings
back into the stockings and teapots
from which they have only recently
been coming Into the light.
Fortunes are made quite rapidly in
stock speculation in Wall street, and
they are also lost with a fair degree of
speed. They are accumulated less
rapidly in some other lines of en
deavor, but they are also more stable
and secure. It would be deplorable.
Indeed, if this country should again be
plunged into such a wild orgy of stock
speculation and wildcat exploitation
that our legitimate manufacturers and
tradesmen would be hampered by want
of funds as they were a year ago.
However,' the brakes have been put
on the Wall-street wagon, and with the
recollection of the panic of a year ago
still painful. It will be either halted or
kept moving at a moderate pace while
other industries are moving up to a
higher plane of prosperity.
Three-year-old Pu Ti is now the
ruler of China. In taking up the
scepter laid down by Tsi An, the di
minutive Pu Tl has accumulated a
burden which may yet weigh heavily
on his youthful shoulders. So far as
a policy of progress is concerned, Pu
YI, even at -this early age, can proba
bly give as satisfactory an administra
tion as that of the old lady who pre
ceded him. but his youth is not with
out its disadvantages. Ancient China
is rapidly coming out of the shell In
which .t has lived in retirement for a
good many centuries, and, as is the
case in sudden changes in any uncivil
ized or semi-civilized country, the re
form party in instituting the changes
usually makes indiscriminate use of
the meat ax. Pu Yi, full grown and in
possession of a clear head and a strong
arm, could probably make satisfac
tory terms with the reformers, but
poor little Yi, the baby, may be needed
as a sacrifice, and, if the reform wolves
press too close, he will probably be
thrown out of the sleigh in order that
the other occupants may escape from
the pack which had been camping
pretty close to the trail of old Tsi An
herself.
The new dredge Clatsop, built at
Newport News for the Columbia River,
is expected to start on her long Jour
ney around the Horn next month. The
Clatsop Is, of course, no better craft
than can be built either at Portland,
San Francisco or Puget Sound, and
probably not as good; but the Pacific
Coast bidders were all turned down
because their bids might have been
somewhat higher for delivery of a Co
lumbia River dredge at 'the Columbia
River than the Eastern builders' fig
ures were for delivery at Newport
News. It will cost the Government
many thousands of Collars to get the
craft to the place where she is expect
ed to work, and there Is also the pos
sibility of a wreck before she com
pletes the long voyage. As the Gov
ernment carries no Insurance on any
of its vessels, the loss of one of these
Eastern-built craft intended for Pacific
Coast work might cause the adoption
of a more sensible policy than is now
shown in the placing of contracts.
Pa Elkins sayB that Maggie is not
engaged to marry the Duke of the
Abruzzi, and ire also states that he re
grets exceedingly "the annoyance that
must have come to the Duke and his
family by reason of the almost daily
discussion of the matter In the press."
Of course Pa Elkins may publicly ex
press his disapproval of the enterprise
qf the press In giving publicity regard
ing the negotiations for the sale of the
young lady, but "way down deep" in
his mind It is not Improbable that he
Is pleased that the deal has been de
clared off. If too much newspaper
publicity and criticism have resulted in
his retaining the girl and the good, fat
Installment of the coin of the realm
which was to go with her, he Is under
obligation to the press for saving both.
There Is nothing very comforting for
the Democratic party in the latest an
nouncement of Mr. Bryan, who is
credited with the statement that "If
the party so demands and conditions
arise to warrant it, I will be a candi
date for the Presidency four years
hence." So long as Mr. Bryan feels
that way about the matter there will
be very little opportunity for any
other Democrat to get into a posi
tion Where he can dislodge the man
from Nebraska. If Mr. Bryan should
make the mistake of running again
for the office he has so long sought,
he will confirm a suspicion oft heard
that he is a candidate simply for the
money it brings him n the way of in
creased advertising of his ability as a
lecturer and long-range speaker.
The highly sensitive nature of the
Chicago wheat market was shown yes
terday when a report of further dam
age to the Argentine crop was followed
by a sharp advance of 2 cents per
bushel from the low point reached
during the day. Liverpool, which Is
always quick to follow weakness in the
American markets, closed lower, be
fore the Argentine news was received,
but will probably reflect the advance
today. The possibilities for cheap
bread are not encouraging for the for
eigners, and, if prices continue to hug
$1 per bushel and higher in this coun
try, the loaf will either be reduced or
the price will be advanced.
An Astoria newspaper quotes Henry
O'Malley, superintendent of United
States salmon hatcheries In the Co
lumbia waters, as having advocated
government control of Columbia River
fisheries, at a meeting In Portland
November 7. In justice to Mr. O'Mal
ley It should be said that he did not
advise Federal control nor urge It.
The subject was not discussed at that
meeting and was only incidentally
mentioned by others.
Among the recent fashion notes
from Paris we read that muffs are to
be extremely large and flat this year,
"as large and flat as laprobes." Why
not?- One fashion fad Is good as an
other. Get the new muff, even if you
have to sell everything else to get It.
In order to save Statement One it is
admitted now that the compulsory In
itiative statute is void or of no effect
Neither Is Statement One, nor ever
was. The whole scheme is farcical.
Some of the Cabinet-makers think
Heney will be made Attorney General.
Should this come to pass there will be
Increased hunting for cover under the
statute of limitations.
Root now Is to succeed Piatt in the
Senate; Roosevelt later Is to succeed
Depew. Little risk In taking these
statements as guesses. Watch for
their verification.
A San Antonio paper quotes Bryan
as saying that he "will be a candi
date four years hence. If his party
wants him." Down In Texas they
think that's news.
The O. R. & N. people freely say
that that big dividend was made so
that Joe Teal and associates might
cease to worry about the surplus.
That Albany editor who has taken
his first vacation in twenty-eight years
Is running a huge risk.- His under
study might improve the paper.
Advice to do your Christmas shop
ping early is just a trifle superfluous
to the man who has not yet negotiated
for his Thanksgiving turkey.
Mayor Lane is trying to stop rail
road traffic on Fourth street by ar
resting General Manager O'Brien. Why
not arrest the locomotive?
MAKES CHARGE OF CRUELTY
Elizabeth Johnson Wants Divorce
From Sea Captain Husband.
Charles H. Johnson, foreman of a
large Portland dock, and formerly a sea
captain, is being sued by his wife,
Elizabeth Johnson, for a il-rce. The
complaint, which has been filed In the
Circuit Court, accuses him of cruelty,
beginning two weeks after the wed
ding, which took place at Astoria.
July 11, 19D8. The wife aske that her
maiden name. Elizabeth Matheson, be
restored, and that she be given $30 a
month alimony, as she says her hus
band earns (4 and $5 a day.
Mrs. Johnson says that after coming
home for dinner In the evening her
husband would leave the house and re
main away until midnight. When she
asked him where he was going, he in
formed her that it was none of her
business. Then she attempted to open
up a conversation upon current topics,
and was met with the question, "What
are you telling me that for? I don't
care anything about It." She says she
Is affectionate, while he is not. She
often asked him to take her to the
theater or to places of amusement in
the evening, or to go calling with her.
but says he only went four times.
When a load of wood was purchased
last month he refused to split it, she
savs. As It was in pieces too large to
burn she was obliged to wield the ax.
She wnt on a visit to Seaside in
August, and upon returning was In
formed by her husband that he had
been to see one of his former sweet
hearts, and that he had taken another
woman out for a car ride. The un
happy wife says she has been lily pro
vided for, and that her husband insert
ed an ad in a morning paper to the
effect that he would not be responsi
ble for her debts.
That she was pinched on the arm,
bumped against a door, slapped in the
face, choked and knocked down stairs
axe the charges made against D. E.
Hindman by Mary S. . Hindman. She
says her husband is a bartender, earn
ing $12 a week; that they formerly
conducted a number of lodging-houses
In Portland, and that he owns stock in
a box factory at St John worth $250.
Mrs. Hindman says her spine was
injured in November, 1906, when she
was thrown downstairs, and that her
jaw was hurt last Spring when she
was slapped and bumped. In May she
was thrown to the floor, she says,
while her angry husband bent over her
threatening to cut her heart out. The
next month she was pinched. In Sep
tember she was thrown on her back
across a trunk and choked, and early
this month was knocked down by a
blow in the face. She says she has be
come nervous, and her life is made
burdensome. She asks $20 a month
alimony. She married Hindman at
Prlneville, July 18, 1886.
The fact that he married Miss Cora
Jane Jolly did not appear to affect
Herschell N. Sawyer's temper, for his
wife has brought a divorce suit In
the Circuit Court, in which she says
that he was sullen and Ill-tempered
during the honeymoon. She says that
when she goes out he fixes the time to
the minute when she must return, and
if she Is not back on the second, sub
jects her to abuse and scolding. She
asserts that she was viciously struck
at church one day when she wished to
remain to assist in the music Further
than this her husband refused to per
mit her parents or relatives to visit her,
and threatened to take their baby and
go to -Canada. Mrs. Sawyer says she
was accused of Infidelity, C. L.
Andrews and Ole Larsen being named
as co-respondents by her husband. The
couple married in Portland October 16,
1907.
Sarah C. Harlan has brought a di
vorce suit against Thomas Harlan in
the Circuit Court, on the ground of de
sertion. They were married at Oregon
City, June 23, 1903.
HOLLOWAY GETS SEW TRXSX
Jury Disagrees After Being Out lor
22 Hours.
Chester C. Holloway, charged with
shooting his divorced wife with a revolver
on June 27, is to be tried again. The Jury
in Judge Bronough's department of the
Circuit Court was discharged at 1:15
P. M. yesterday, after having been out
22 hours and falling to agree. Monday
night the Jurymen made an unsuccessful
effort to obtain a pack of cards, that they
might while away the time, which hung
heavily on their hands.
When Holloway shot his wife, he had
been in Portland only a short time, having
come here from Los Angeles. He did not
deny that be attempted to take his wife's
life, but urged emotional insanity as a
defense, asserting that stories of Mrs.
Holloway's misconduct had preyed upon
hlB mind until he lost his reason, wnen
seen at the County Jail he appeared much
pleased with the jury's disagreement.
The Jury returned to the courtroom for
special instructions at 10 o'clock yesterday
morning, asking what would become of
the man If he was, acquitted. The court
gave the instructions, but declined to say
what would become of the . prisoner. It
appeared that they were willing to ac
quit him If they could be certain that he
would be sent to the Insane asylum. The
Jury stood eight for acquittal and four
for conviction. The talesmen were; Or
ville W. Cox, F. W. Harmon, A. J.
Farmer, W. P. Anthony, J. W. Howatson,
A. D. MacDonald. N. P. Tomlinson, J. A.
Mnrphy, C. V. DangerOeld. C. E. Holl
grleve, L. B. Chipman and C. F. Eddy.
HEIRESS PLACED IN HOME
Esther Tjewte Claimant to Trinity
Estate, Alleges Hl-Treatnient.
Although a claimant to a portion of the
4100,000,000 Trinity estate of New York,
14-year-old Esther Lewis was placed in
charge of the Boys' and Girls' Aid So
ciety yesterday by Judge Gantenbein of
the Juvenile Court. Testimony was
brought but that since the child's mother
died, and her father, W. J. Lewis, mar
ried a second time, the girl has been ill
treated, and her schooling has been neg
lected. Before her marriage to Lewis,
the stepmother was Mrs. Rose Smith.
Esther Lewis has been living at 625
Clackamas street, Sellwood.
The child's mother, through whom the
girl lays claim to a portion of the large
New York estate, was Miss Emma Arland
before her marriage to Lewis. The girl
says the reason for her parents' cruelty
Is that they desire to obtain the child's
portion of the estate for themselves.
May Lose Insurance.
F. T. (Buchanan is suing the National
Live Stock Insurance Company in Judge
Cleland's department of the Circuit Court
to recover WOO, alleged to be due as in
surance on a horse. The insurance com
pany contends that Buchanan was in ar
rears on his premium, and further that
the insurance company is a mutual as
sociation, and. that the policy 'was
originally issued to William Byers, a
member. He transferred it to Buchanan,
and the company therefore contends that
It Is void.
Baking Company Sued for Flour.
The Butternut. Bread Company has
been made defendant In a suit to re
cover $866.45, brought in the Circuit
Court by J. H. Klosgerman. He al
leges this anrount is due for flour, pur
chased this month.
McDonnell Estate Settled,
The estate of J. T. McDonnell has been
settled. Mrs. McDonnell, the widow,
having disposed of her interest in favor
of the .McAllen-MeDonnell Company Inc.
Dan -McAllen has been paid his fee as
administrator, amounting to $3900. .
Cameron Charged by Woman With
Shielding Milkman.
Accusing District Attorney Cameron
of having shielded William Johnson, his
milkman, in a criminal action, Mrs.
Pauline Hyde, of East Twenty-eighth
and Holgate streets, went to the City
Attorney's office, yesterday forenoon,
and demanded a warrant of arrest for
Johnson, who had Just been released rn
the Municipal Court after trial on a
charge of threatening to kill Mrs.
Hyde. After hearing her story the city
officials decided that the case was one
calling for vigorous prosecution and
issued a city warrant for Johnson's ar
rest. Mrs. Hyde said the milkman slapped
her in the face and drew a revolver on
her because she told him she'd have his
cows taken to the estray pound unless
he kept them out of her yard. She had
him arrested at once, but was sur
prised to learn that Johnson was not
required to put up bail. On making
inquiry she said she was told the man
delivers milk to the Cameron domicile
and is perbonally acquainted with the
State's Attorney, who had called to
see Judge Van Zante about the case.
When .Mrs. Hyde took the stand in
the Municipal Court yesterday and told
of a brutal assault on her by the milk
man, that individual smilingly followed
her on the stand and denied every
charge she made. It was absolutely
untrue that he had either slapped or
threatened her, ha said. And Judge
Van Zante said he would not care to
convict under the showing that had
beon made by the state, Inasmuch as
the testimony was so conflicting.
"Someone Is perjuring themselves,"
the court said. "Such being the case, I
think the defendant Is entitled to the
question of doubt and I will dismiss
the case."
Mrs. Hyde went Indignantly to City
Attorney Kavanaugh. She protested
that it was an outrage to let Johnson
off and said that he would have been
convicted had a serious effort been
made by the District Attorney's office
to bring out the facts.
"I demand a warrant for his arrest,"
she said. "I do not Intend to let that
man escape simply because he's some
body's milkman."
A warrant charging Johnson with
assault and battery was Immediately
Issued and placed In the hands of the
police for service. Whether the city
will convict the man after the state
failed under such circumstances Is aa
matter that will be watched with In
terest. SAYS CONTRACT WAS BROKEN
Broughton & Wigginu Demand
$1358 of J. J. Brugger.
JudK-e Bronough. In the Circuit Court,
Is listening to the suit of the Broughton
& Wiggins Co., against J. J. Brugger. The
plaintiff corporation alleges that $1358.05 Is
due, $168.05 on a loan, ana sizuv tor a,
broken contract. Brugger, It Is as
serted, was to furnish the corporation
with last season's output of cedar
poles. It Is asserted that these were
sold to other parties.
Brugger, on the other hand, says he
made no such contract with the plain
tiff, and denies that he owes the cor
poration anything. He says that in the
Winter of 1905-06 he put 15.495 feet
of poles into the flume of the Oregon
Lumber Company for the plaintiff, but
was never paid. He says $77.47 is
still owing.
LIFE SENTENCE FOB LA ROSE
Court Grants Stay of Execution to
Gaspipe Thug.
Jack La Rose stood before Judge
Morrow In the Circuit Court yesterday
morning and received with a grin the
words which place him behind prison
bars for the remainder of his life. At
torneys J. H. Upton and L. W. Hum
phreys asked for 30 days In which to
file a motion for a new trial. Judge
Morrow thought that two days would
be long enough, but finally decided to
allow five days. He said that it wrould
be his policy, as far as possible, to cut
off all delays in closing criminal cases.
La Rose was granted a stay of ex
ecution, which means that he will re
main in the County Jail until Judge
Morrow grants the motion, or the Su
preme Court ipasses on the case.
COOLTE LABORERS BRING SUIT
Demand -$970 From George W. Mc
Coy as Unpaid Wages.
Vtr Singh and 31 other coolie laborers
have brought suit In the Circuit Court
to recover from George W. McCoy
$970.68 alleged to be due In wages. The
men were employed by McCoy, it is as
serted, in clearing and grubbing land
near Hood River during July and August.
A suit was instituted against McCoy
at Hood Klver last Summer by other
parties, charging him with stopping up
an Irrigation ditch during the clearing
process, and thus cutting off the water.
Takes Dog to Home.
Willie Boyer, the little son of Fred and
Sadie Boyer, who were arrested and sen
tenced in the Police Court yesterday to
spend Ave days In jail for fighting on the
street, has been taken In charge by the
county. He will be kept at the Deten
tion Home temporarily. The boy is very
fond of his dog, and was allowed to
take the pet with him.
Xonsupport Defendant Free.
Frank H. Dighton, arrested Monday
on a non-support warrant, was released
yesterday on $300 bail.
Means New School for Chehalis.
CHEHALIS, Wash., Nov. 17. (Spe
cial.) The City Council last night
adopted the report of the special com
mittee named to confer with the School
Board with reference to the sale to the
city for a city hall of the High School
building and the block of land on
which it stands. The committee recom
mended that the city buyN the school
property. The Council now asks the
School Board to submit the question
to the voters of the school district, ask
ing them to vote an authorization for
the board to sell the property to the
city for $20,030. If the voters of the
school district agree to the proposition
It would also carry with It a plan to
vote an additional bond issue of $30,
000, and with the $50,000 thus secured
the School Board would buy a site for
a new High School building, also one
for a grade-school building, and erect
two new school buildings to meet the
growing demands of the city.
Aberdeen Bookkeeper Missing.
ABERDEEN, Wash., Nov. 17. (Special.)
J. A. Hendricks, bookkeeper for the
American Contracting Company, disap
peared from this city November 8, and
no trace of him has been found since.
Hendricks is about 30 years old and comes
of a well-to-do family In Pennsylvania.
Dies, at Soldiers' Home.
ROSEBURQ. Or., Nov. 17. (Special.)
Joseph Smith, an inmate of the Sol
diers' Home, died yesterday, aged 76. He
was admitted to the Home from Mult
nomah County In 1904. He served dur
ing the Civil War in Company C, First
Battalion. California Mountaineers. t
City "Slavedrlvcrs" Trample on Kvery
KlKbt Under the ConIIution!
LATOURKLL FALLS. Or.. Nov. 14.
(To the Editor.) I have been reading
with very high esteem and pleasure
the remarkably true and sensible let
ter of Mr. Milt Kichardson. of Mc
Minnvtlle. Or., about the autocratic ac
tions of the Yamhill County fruit in
spector, Mr. Lownsdale. which ap
peared in your weekly paper of Sep
tember 17. This letter was a picnic
for any liberty and justice-loving cit
izen, and it was extremely refreshing
to hear "that. 950 Yamhill County
farmers made a kick against a new
form of a slavedriver and that they
implored or petitioned their masters
to remove him." It seems that at least
some of the farmers begin to wake up
from their stupors and begin to tako
notice of the fact "that they are slow
ly but surely made regular slaves by
the ever-increasing number of laws
enacted and ordered by their dear
brothers In the cities, which tell them
what they have to do. and that the
new slavedrivers, called inspectors,
wardens, etc., are already after them."
Equal rights and privileges guaran
teed by the Constitution 'seem not to
exist any more for farmers. The
farmer has not the least right what
ever (and does not want to have such
a right) to interfere In any way with
the labor and business of the pepple
in the cities; but the latter seem to
have, or at least claim to have, a
perfect and lawful right to meddle
and Interfere with any labor and bust,
ness on, the farms. At present, for In
stance, they force the farmer by law:
How he has to tend his orchard and
take care of It.
How he has to take care of his milk,
butter, cows and other animals in gen
era L
How he has to clean his stables and
Where to pile or store their manure.
How he has to fight impure air in
his stable and keep dust, microbes and
files out, so that they do not come
in contact with the milk.
How he has to clean his cow and
how he has to wash and dress himself
before he sits down and milks her.
How he has to make a natural doe
tor and cure all kinds of diseases of
his plant and animal life.
How he has to kill and destroy all
kinds of parasites and animals which
are liable to damage his products, and
how hf h to nrntpct. nurse and raise
) others, which are doinff the very same
thing, In order that the city sports
may be able to shoot them when they
are getting ready for it
How he has to treat or not treat a
mean horse or other animal which re
fuses to do its duty in spite of all good
care.
How he has to grade, sort, box, pack
and label his fruit and other products
before he Is permitted to bring them
to market for sale.
How he has to take care of fire and
when he Is permitted to use it for
clearing his land.
How he has to fight thistles and
other weeds on his place, etc., etc.
And if he is not doing all this
promptly what these natural-born
slaveholders and slavedrivers ordered
him to do by law, then they will not
only punish him, according to their
stipulations, but destroy or confiscate
his property besides, without the least
process of law, as guaranteed by our
National Constitution, just as If he has
no property rights at all.
If that is not slavery pure and
Simple, then I do not Know what slavery
is. and I would be glad to hear that
regular slaves of the old time were not
treated by their masters as the farm
ers of Oregon by their slavedrivers!
Farmers, wake up! You not only
have no more equal rights and privi
ledges with your city brothers in the
matter of labor In your business, but
in the matter of trading and selling too.
Your city brother claims tb have a
perfect right by to manufacture, pro
duce and sell to you any grade of
goods, don't matter if that is sixth
or seventh grade, and get all out of
you for It that he can, but he claims
that you have no such right, and
for this reason he forces you
by law and punishment to produce
and offer him for sale only first
class goods, first-class fruit, milk,
butter, meat, vegetables, etc.. and if
you ever would be bold enough to pro
duce lower grades and offer him sixth
or seventh class of goods for sale he
would turn his nose sky high and
notify the next Inspector or especially
appointed slavedriver he meets and
order him to put your goods onto the
dump, or If still too good for that, con
fiscate them anyway.
Farmers, get out of your stupor,
open your eyes and notice the fact:
"that you have not only lost equal
rights and privileges with your city
brother in regard to your business
matters, labors, products, trade and
sale, etc., but in regard to your prop
erty rights, too." If any one of them
owns more property than he has mo
mentarily use for, you have not the
least right by law or otherwise to go
there and appropriate part of it for
your own use because if you do, and
he catches you thereby, you will have
a pretty tough time. But he has such
right by law with your property! He
can steal from you- or appropriate as
he likes to call It, perfectly lawfully
part of your property, for which you
have no momentary use. in the shape
of water powers, of fish, of game, of
use of your streams, of use of your
land alongside of it, of water, etc., etc.
That he can, besides that, destroy or
confiscate part of your property per
fectly lawfully and unpunished, by
means of an inspector, Is of course,
self evident.
What? You expect relief from your
Judges in your courts? Why, these
gentlemen called this kind of gamo
onto you perfectly square and fair
long ago! What are you going to do
about it? Take the law In your own
hand? Treat your slavedrivers and
their property the same as they do
yours? Nightrlders? Whitecaps? Reg
ulators? Or a sneaking slnglehanded
revenger? What shall It be?
L. FERDINAND FLOSS.
"The natural-born kicker."
Shape of a Stoushton Bottle.
PORTLAND, Or., Nov. 17. (To the
Editor.) An article on the editorial
page this morning, credited to the
Boston Globe, says the Stoughton bot
tle was shaped like a log cabin. It
may have been; but when I was a boy
in Massachusetts half a century ago,
the Stoughton bottle was a little big
ger than the present beer bottle, mado
of a cream-colored material, and had
a rounded bottom on which it could not
stand, hence had to be stood up in a
corner. Therefore the expression
"standing like a Stoughton bottle"
meaning shiftless and lazy and leaning
against something:, the application of
which was obvious and altogether dif
ferent from the lotr-cabln idea.
W. J. C.
Pertinent Inquiry.
New York Tribune.
The principles for which the party
stands, the policies for which our party
contends these are not dead. Colonel Bry
an's after-election remarks.
Meaning free coinage of silver at the
ratio of 16 to 1, abandonment of tho
Philippines, Government ownership of
railroads and Insurance of bank de
posits? Positively the Best Seller.
Boston Transcript,
t. i i . i. . - nf tho IntA Vnnli
nuunuiy Lite na'"t .
TrrAKtA- at.niia at the head of the list
of those whose books have been "the
best sellers. r-eveniy-uve million
spelling books and from 10,000,000 to
15.000.000 dictionaries look like record
figures.
.