THE MORXIXG- OREGOMAX, FRIDAY. JANUARY 8,' 1909.
TOBTLAND, OBEGON'.
En lore. 1 at Portland, Oregon. Fostoftleei as
econd-Ctaas Malter.
subscription Katrs- InraHablj lo Advance.
By Mail
PaHy. Sunday Included, one rear '
Ial:. Sa.ndiv Incimlcl. aix months.... -
I'aliy. runday- included, tnree mfnihl
l-a:l. uiidy Included, one month..
.7i
('4
5 25
1.75
il
1 5
I.. VI
J.i
04
Il:iy, wr.nout e-unaay. od ci
Ia..y. wltnout Sunday.
I'aiiv. without t-unday.
s.s. uiuiiiiii
three rr.ontns. .
I-a.iy. without bunuy. on montu
Weekly, one year.....
Sunday, one ear
fcun-iay ana Weekly, one year
I By Carrier.)
Vl.M .. S. Inrl'ir'.i OHB Teaf......
Xaliy! bunday Included, one month... "
Haw lo Remit Send p"os:offlce B'J
cruer. express order or personal chi on
your local biDk. Stamps coin ir curwc
are at tiw sender's rl.'k. Give pojtofflce ad
dress In tiilU Including county aud stale.
fiMtao Kalea 10 to 14 pags. 1 ""t: "
to 2, puse. 2 centa; JO to 4 paes.
i tn tJ pku. . cents. Foreign posts-
double rates.
burn Bonier Office Th. 3. C. Beck
i.b i.pa:l icj-Ne ok. foo-" :
t Tribune buiiums;. Chicago, rooma 61U-JI
TribuiM bulidwg.
rOBTLAVD. FRIDAY. JASCABY . 190.
EXECUTIVE AU SENATE.
President Roosevelt In hli refusal
to comply with the request of the
Senate for a. statement of reasons for
tils approval of the absorption of the
Tennessee Coal & Iron Company by
the United States Steel Corporation,
find for his omission to prosecute the
latter corporation therefor, takes the
high ground that it Is not within the
scope of authority possessed by the
Senate to make inquiry as to the rea
sons of executive action or of non
action. In order to present a complete
and exact historic parallel, wo re
print the following extract from his
reply to the Senate, viz:
I have Instructed the Attorney-General
not to respond to that portion of the reso
lution which calls tor a statement of his
Teasons for nonaction. I have done so be
cause I do not conceive It to be within the
authority of the Senate to sive directions
of this character to the head of an execu
tive department or to demand from him
Teasona for his action. Heads of the execu
tive department are subject to the Consti
tution and the laws passed by Congress In
pursuance of the Constitution and to the
directions of the President of the United
States, but no other direction whatever.
Doubtless there are critics who will
Bay that such answer to. the Senate Is
a mighty high proceeding; but per
haps such may be mollified, more or
less, when the fact is recalled to their
attention that President Roosevelt is
following exactly the course advised
end pursued by President Jefferson, in
similar cases. The Senate had called
on President Washington for informa
tion about an incident in the affairs
of the Executive Department of the
Government. The tone and purpose of
the inquiry were not relished by the
President, and he referred the inquiry
to Jefferson, then Secretary of State,
for an opinion and answer. Jefferson
wrote the following, which has formed
the rule of all similar action since,
viz.: '
The President desired my opinion . . .
I think the Senate ... Is not supposed
by the Constitution to be acquainted with
the concerns of the Executive Jjepartment.
It was not Intended that these should be
communicated to them.
Again, several years later, Jefferson
wrote:
My construction of the Constitution is
. . . that each department Is entirely In
dependent of the others and has an equal
rignt to decide for Itself In the cases sub
mitted to Its action.
Hence, therefore, those who may
te disposed to become shrieky over
this curt answer to the Senate from
President Roosevelt may find it not so
bad when fortified by the precedents
eet by President Jefferson. '
FENATOR BAILEY'S OBJKCTIOX.
Senator Bailey, of Texas, has no ob
jection to the reading of Lincoln's
first Inaugural message, in the Sen
ate, on Lincoln's centennial birthday,
but he does object to the reading of
the emancipation proclamation.
Is It that Senator Bailey thinks
emancipation was an erroneous pol
icy? Does he speak for any who still
deem it an unjustifiable act? The
language of the proclamation was not
bitter. It was couched in terms that
reflected, as all of Lincoln's utter
ances reflected, the kindliness of his
nature. There was not a word of de
nunciation of the slaveholders in it.
But he did speak of the people of
the several states, then in arms against
the United States, as persons "in re
bellion against the United States;"
and he declared that the emancipation
of slaves In such states was "a lit and
necessary war measure for suppress
ing said rebellion." It may be that
remembrance of these expressions ex
cites the hostility of Senator Bailey.
But la the history of the country to
be obliterated by partisan or childish
objections There was a rebellion;
there was a great war; the slaves were
emancipated and the rebellion was
suppressed. These are the greatest
events in the history of the country.
Senator Bailey can hardly suppose the
record of them is to be blotted out, or
that the country ever will conclude
that It was not right to suppress the
rebellion and emancipate the slaves.
It Is the Judsment of history that
the word rebellion when used to de
scribe the movement of a great people,
Is not an opprobrious term, but there
Is no other word that suffices; and
emancipation is a word that should
be no more objectionable -than liberty
or freedom.
NEGLECTING TERMINAL IMPROVE
MENTS. The Brooklyn PJagle bewails the de
cadence ?f New York as a grain chip
ping port. It cites that fact that In
ISoO the total receipts of grain at New
York by canal and rail were 140,542,
J91 bushels, of which the canal car
ried 67.194.740 bushels. Exports of
grain from New York In the same year
were 114.647.425 bushels. Receipts
of grain in New York by canal and
rail in 1907 were 112.S97.8H bushels,
of which the canal carried but 9.5S5,
000 bushels. Exports from New York
In J907 were 61.928.387. It will be
noted by these figures that more than
one-half of the grain shipped to New
York was consumed or distributed
locally from that point. This heavy
decrease in the export business has
been scored at a time when there was
a remarkable increase in tho amount
of grain produced In the territory firr
merly tributary almost exclusively to
New York.
The showing Is far from flattering
for either the railroads or tho canal,
but for the latter it is exceptionally
poor. Commenting on the loss of
traSTic by both classes of carriers, the
Eagle continues:
The showing of the Erie C.inal Is even
mora neploru-jie. Since, In 107. .It carried
n'T about ono-slxll.-th of what It did in
lisi). it would apj.ear that, a a factor In
rnte-maklng. it no lonr.-r serves a purpose.
Yet the stare is s;en-l'nr m:iny mllMons In
turains; it iato a bust) canoi, auU with uu
assurance from the United 8tates Govern
ment that the Hudson Kiver channel, in its
upper reaches, will bo so deepened as to
muke the slate expenditures of value or of
USVheT it la too late the City of Near York
will wake up to the fact that through stupi
dity In not providing its trade with proper
tormina! facilities. . it has Inst Its vantage
and supremacy as the great grain port of
the country.
In that concluding sentence will bo
found the keynote of the trouble, and
It contains much that Is of Interest to
other communities that neslect
"proper terminal facilities," which in
..1, !-.- tViA Ynrflir1rii4. nnrl economical
! movement of ships carrying the grain
to the worlds markets, 'ine .agie
quite naturally Is unable to' see an
advantage in spending millions for
deepening the barge canal, if the
Government will not Improve the Hud
son River channel so that the barges
can be handled after they pass through
the canal. It Is of course a matter of
doubt whether, with all of the Im
provements made on the canal. It will
ever again be much of a factor in
rate-making. The railroads have di
verted to Southern ports so much of
the traffic that formerly found an out
let at New York that it cannot easily
be regained. The experience of New
York should serve as a warning to
other ports which neglect improve
ments at terminal points where they
are needed and engage In visionary
improvement schemes which at .the
best can never be tf advantage until
the terminals and the outlet to tho
sea are in perfect condition for hand
ling traffic economically.
The canal boat and the flat boat,
Hko the bateaux of the trader, were
all right in their day; but the
twentieth-century method for moving
freight is by train. That is the rea
son that grain which was formerly
shipped by way of New York now
goes out by way of Galveston, Newport
News and New Orleans.
REVISION OF AN OLD STORY.
"The Conquest of the Great North
west," by Miss Agnes C. Laut. a Can
adian woman of Northwestern up
bringing, has Just been published. Tho
book (in two volumes) would be more
accurately named a History of the
Hudson's Bay Company. But there is
a good deal in the book about the
long controversy between the United
States and Great Britain over the
Oregon question; and in this narrative
the old story la told over again more
definitely than In any of the common
versions presented In our long-familiar
accounts. Lord Abet-deen was at the
time the British Premier. He had
sent his brother. Captain Gordon, to
the Columbia River and to Puget
Sound to take a look over the disputed
territory. The old story follows, thus
revamped:
In vain the fur traders of Oreeon and
Vancouver Island spread the choicest game
on Captain Gordon's table. He could not
have his English bath. He could not have
his English bed. He had had bad luck
deerstalking and worse luck fishing. Asked
if he did not think the mountains magnifi
cent, his response was that he would not
give the bleakest hill In Scotland for all
those mountains In a. heap. Meanwhile the
Hudson's Bay Company was wasting candle
light in London preparing the case for the
retention of Oregon. Matters hung fire
Should It be Joint occupancy, "fifty-four-forty
or fight," or compromise? Aberdeen's
brother, on leave home, was called ln
"Oregon? Oregon?" Yes. Gordon remem
bered Oregon, lieeu fishing there last year,
and "the fi.'h wouldn't rise to tho fly worth
a d ! Let the country go!" This In a
country where fish might be scooped out In
tubfuls without lly or line!
That there is much truth In this
story has never been doubted though
we never have seen it presented quite
with this detail before. It Is a legend
ary story, like the stories of Homer,
or the Whitman amplification truer
than history Itself, because they take
the place of history, become endowed
with what Is called "human Interest,"
and are more readily telieved than
plain and simple and unimaginative
truth. The general mind doesn't want
history. History Is too dull. It pre
fers fables.
Yet the old story, told above, doubt
less Is a true one. Such incident, how
ever, never decided between the Uni
ted States and Great Britain, the title
to Oregon. We claimed to fifty-four
forty. The British claimed to the Co
lumbia River. Each party had a
strong argument. The controversy,
as is usual In such cases, ended on a
basis of compromise.
But we should like to know about
this Aberdeen-Gordon story and where
the original documents, if a. , are.
Miss Laut does not inform us. But
her revival of the story Interests us,
nevertheless.
BVSY MR. HAKRIMAN.
By combining tho weather reports
and the news of the Harriman proj
ects, as reported in yesterday's Orego
nian, it Is easy to understand why con
struction work Is not yet under way on
the railroad to Central Oregon. The
snow storm was quite general through
out Oregon and this, would of course
interfere with construction. But Mr.
Harriman must be given employment
even -when it snows in Oregon; so we
note in a dispatch from El Paso, Tex.,
that he has decided to build a rail
way line from the main line of the
Southern Pacific south into Mexico to
a connection with the Guaymas and
Guadalajara line. This line cannot be
used for moving wheat from the
Agency Plains country to Portland, but
It discloses a willingness on the part
of Mr. Harriman to build a railroad
somewhere.
Another news item In yesterday's
Oregonian, under an Aberdeen date
line, said that "the contract for build
ing the Grays Harbor branch of the
Union Pacific road has been let to
Caughren, Winter, Smith Ai Co., of
Spokane and Seattle" and that "the
Union Pacific will be extended in the
Straits of Fuca country, and that sur
veyors have been In the Olympic
mountain territory-" But even the
snow storm in Central Oregon, the
construction of a railroad into Mexico
and the letting of a contract for the
Grays Harbor branch would have been
Insufficient to stop all progress on tho
Central Oregon line, had it not been
that Mr. Harriman was unusually -busy
placing props under a "wobbly" stock
market, which misbehaved shockingly
because the prediction that Mr. Harri
man would assume active management
of the New York Central was not ful
filled. For all that. It Is asserted that Mr.
Harriman will have much to say about
the management and policy of the
New York Central, and that will obvi
ate the necessity of his building any
more competing lines in that territory
and leave him free to gridiron the
intervening territory between New
York, and the Straits of Fuca and
Mexico, and thus gradually work into
tho Central Oregon country- The
method of course is somewhat round
about and it may be a long time be
fore Central Oregon is reached; but
we should not forget that it was not
until 14 92 that Mr. Columbus made
the preliminary survey of the coun
try, and it was nearly 800 years after
William the Conqueror built tlie
grades before the first railroad was
built in England. Central Oregon also
enjoys the reputation of having more
railway surveys and fewer railroads
than any otl.er part of the country,
which in itself is quite a distinction.
TJNCSCAL WEATHER.
Almost any bird can sing when the
sun shines. Give us the fowl that is
impelled to warblo when the bliz
zard rages and the tempest howls.
With some little pardonable pride The
Oregonian announces to an anticipa
tory public that it has found such a
fowl and has listened enchanted to
his winsome lay. When frenzied
Boreas spread his wings and began
to shake down the white pin feathers
upon us, our enterprising poet tuned
his sylvan pipe and burst into melody.
And such melody, lilting, lyrical, lull
ing, you shall search a long, long time
ere you find the like of it again. 'Tl3
all about a traveler who hied him
away from the East to find a place
where the weather was not "unusual."
Our songbird is a bit Inclined to be
satirical, you perceive. .
Day and night he sped along, sometimes
the sky was bright.
But when he reached Wyoming- It snowed
both day and night.
The girls In bloomers who form the
principal attraction of that uproarious
region Informed him that the "weather
was unusual," just as he had found
it clear across the continent. Then
the traveler began to use his head.
If Wyoming, the reputed iand of per
petual sunshine, always had unusual
weather, why not expect a similar re
versal of natural law In Oklahoma?
I hear it said that country Is always In a
storm.
Cyclones, winds and rains together,
But perhaps I'll strike unusual weather.
He did strike it, for
When he reached that awful place
There was warm sunshine galore.
Thus in strains of undying sweet
ness doth our swan maintain his para
dox that every place on earth always
enjoys unusual weather, a phenome
non which others of less potent poet
ical gifts have also observed. To
clinch the proposition he journeyed
from Oklahoma to Portland, taking
a Pullman for the trip and by special
favor of the Muses, sleeping all the
way. Portland, he had heard, was
A peaceful place, a mild and glorious clime,
but when the conductor waked him
up he
Thought from the weather you had switched
about
And was sending me East again.
I expected to wake and find myself in a
kind of Paradise.
"Oh. the weather Is unusual here," he said,
"It Is usually warm and nice.
The traveler naturally remonstrated
with the conductor, who had Intro
duced him to blizzards where roses
were rightfully expected
The bllzxard Is raging everywhere. It sorely
can't be true
That I am really wide 1 awake; someone
pinch me. do.
Then the brutal, conductor, after
the manner of his kind, began to de
ride the lorn traveler:
Unusual weather, stranger, come warm your
nose, I say:
And wait till the sun shines, Teddle. stay
over another day.
Here his Inspiration failed and the
poet laid away his harp without tell
ing the anxious reader what happened
further, but perhaps it is not diffi
cult to Imagine. Really that con
ductor brought his fate upon himself.
PROHIBITION AND LOCAL OPTION.
The Prohibition party has Issued a
quasi official document from Its Na
tional headquarters which almost
amounts to a declaration of war upon
the local optionists. It blames the
latter for the diminished Prohibition
vote In the last election, declares that
local option Is a Tarce, and claims that
wherever It has been adopted by the
electors the Prohibitionists did the
preliminary work which made it pos
sible. The Prohibition party men
never have been remarkable either for
common sense or for rigorous veracity.
Both those highly admirable qualities
are more or less sacrificed in the above
statements. No well Informed person
who calls local option a farce can
possibly feel that reverence for facts
which is so extremely becoming to a
worker In a good cause. The Bingle
incident that local option has appre
ciably diminished the Federal revenue
from whiaky effectually disposes of all
such wild charges. If local option
were 4 truly a failure, neither the
liquor interests nor the Prohibitionists
would oppose it so bitterly as they do.
The liquor men's sole imaginable rea
son for disliking local option is that
it diminishes their trade. If it had no
effect upon their sales they would dis
regard It just as they disregard the
Good Templars' Lodge. Who ever
heard of the whisky trust assailing
that meek and maidenly Institution?
The ProhlbitionLsts orpose local
option because it does in stern reality,
without fuss or feathers, what they
do In vain theory and false pretense.
Local option asks no political office
for anybody. It runs counter to no
man's principles and Infringes upon
nobody's personal liberty. It presents
the liquor business to tho people as an
economic problem demanding solu-J
tion and quietly asks "What are you
going to do about it?" It accepts
help from Republicans and Democrats
with equal thankfulness, and so con
ducts its campaigns that the voter can
advance its cause without hindering
other measures which may Interest
him simultaneously. This, It seems to
The Oregonian, is genuine practical
wisdom; and the course of events cer
tainly confirms our view of it. What
did the Prohibitionists ever gain for
actual temperance in the palmy days
of their party when they used to makes
those preposterous campaigns of vi
tuperation, reproach and hysterical
oratory? In a long series of years
they won victories In two or three
states, but how long did the victories
last? Iowa presently repudiated Pro
hibition altogether. Maine kept It up
persistenly as a sham, though she
never had the courage to make it real.
Kansas held to it In about the same
way until the local optionists became
strong enough to make the law en
forceable. The record of party prohibition is
a tale of useless strife, barefaced hy
pocrisy and admitted failure. On the
other hand, local option took up the
task which prohibition could not per
form, and in a few years has relieved
more than half the population of the
country from the mischiefs of the un
regulated saloon. In the South.it has
swept over entire states, first extir
pating the evil trade in scattering
counties, then uniting its territory and
conquering what remained. In Indi
ana, Ohio, Wisconsin and almost every
other state of the Mississippi Valley
local option subjugates new territory
at every election, scarcely ever losing
anything and steadily gaining. If it
wero a farce, some ojf the millions of
voters who have put their confidence
in it ought to begin to see their folly.
But they do not. They trust it more
and more every year. There Is not
the slightest doubt that the progress
of local option will in a lew more
years put the liquor business of this
country on an entirely new and a
much better basis. AVhy should the
prohibitionists complain? They com
plain for the very natural reason that
men of better Judgment than them
selves are accomplishing what they
could not accomplish. It irks them
also to be put out of the game, to
lose their martyr-like prominence, to
be forced by events to retire from the
platform and pulpit and sink into in
significance. They see their occupa
tion slipping away and naturally they
lose their tempers.
It is true that the prohibition vote
has fallen oft in those states where
local option is strongest, but what of
it? Men who wished to see the evils
of the lawless saloon abolished voted
for prohibition as long as that was the
only remedy before the public. As
soon as something -better was pro
posed In local option they accepted It
as a matter of course. The falling
oft in the prohibition vote does not
mean that Interest in genuine temper
ance reform has diminished. Quite
the. contrary. It means that people
of conscience and common sense have
at last found an effective cure for the
mischiefs they have long blindly com
batted and they propose to apply It
thoroughly and universally. The doc
ument we have mentioned says that
the politicians make concessions to
the local option people In order to pull
down the prohibition vote. This -Is
nonsense. When' a politician makes
concessions to local option it is be
cause he sees power going that way
and wishes to follow it. The Prohi
bitionists never really frightened the
politicians except in a state or two,
but local option has them kneeling
all over the country. The march of
local option Is part of the gerat eth
ical uplift of the Nation. Whosoever
falls upon It shall be broken and on
whomsoever It falls It shall grind him
to powder.
Strikingly suggestive of the line of
talk which the bunco man puts out
for his intended victim were the
"child-like and bland" remarks that
the steel trust representatives made
to the President when they were seek
ing his permission to absorb the Ten
nessee Coal & Iron Co. "Judge Gary
and Mr. Frick Informed me," says
the President, "that as a mere busi
ness transaction, they did not care to
purchase the stock; that under ordi
nary circumstances they would not
consider purchasing the stock, as but
little benefit will come to the Steel
Corporation from the purchase," etc.
It was probably to prevent the "little
benefit" from becoming a loss that
Mr. Harrlman'a large rail order that
had not been filled by the Tennessee
Coal & Iron Co. was turned back to
the Illinois Steel Works, one of the
older branches of the trust. With
such able diplomats as Mr. Frick and
Judge Gary at the head of Its affairs,
the steel trust Is in no Immediate dan
ger from any source.
"Patrick Has Not Given Up Hope"
is the headline'-over a news item an
nouncing that the murderer of Million
aire Rice expected to be soon released
through habeas corpus proceedings.
As the murder for which Mr. Patrick
was convicted and frequently sen
tenced to death was committed in 1900,
there Is certainly no reason why such
a criminal as Mr. Patrick should give
up hope. It Is of course somewhat
remarkable that Mr. Patrick should
be kept in confinement for nine years
while he was making an effort to
escape the punishment for his crime,
but, as for giving up hope, he will
hardly succumb to anything like that
for at least another" ten or twelve
years.
W. J. Van Schuyver is dead. He
was among the older merchants of
Portland. In 1860 he came to this
pioneer city and in 1S64 went Into
the wholesale liquor business, which
he had continued ever since. He
came from Fort Wayne, Ind., where
he was born in 1834. To the older
residents of Portland no man was.
more familiar. He was a man of very
quiet demeanor, yet earnest and per
sistent in his purposes, a good citizen
and a firm friend.
The Legislature will meet on Mon
day. It Isn't important. The less it
may attempt the better. There really
la no need of a session. It Is merely
a custom. The cession can do no
good; yet may, and probably will, do
much evil.
The King of Portugal continues to
receive his daily warning of a plot to
seize his throne. No doubt there are
some misguided individuals who
would like to be King of Portugal, but
we cannot now recall their names.
Of course Portland can get along
without lights, for It did in former
times. The great principle of "down
ing" monopoly by refusing to pay to it
bills legally Incurred and owed must
be upheld at all hazards.
It seems that the street lights are
to be cut oft on Sunday night.. Peo-4
pie then, after nightfall can keep off
the streets, and the head of the fam
ily can patrol the house all night with
a double-barreled shotgun.
Two women have been acquitted In
Pennsylvania for killing the husband
of one of them, a politician. But still
this event does not establish a Justi
fiable precedent. He was a Pennsyl
vania politician.
The Senate is politely Informed by
the President that what he did about
the Tennessee Coal & Iron Company
is none of the Senate's business; but
still the Senate doesn't appear to be
satisfied. ,
Only four more dayslll the Legis
lature meets, but there doesn't appear
to be the excitement over that mo
mentous event that the occasion really
justifies.
Chicago, too, is dolefully struggling
along in the throes of a blizzard. We
w-ouldn't mention it, . except that It
seems to be necessary to show that
there are others.
If the weather bureau will stick to
that "continued cold" prophecy for a
few days, much will be done to restore
confidence in the weather bureau.
Our weather prophecy Is that along
about this time of year it is reasonable
to expect cold weather with occa
sional flurries of snow, or oftener.
A Bellingham millionaire fell In love
with a telephone girl "because of her
sweet voice," and married her. So
that's what's become of her?
This is St. Jackson's day anniver
sary of the battle of New Orleans
(January S, 1S1J). '
ANOTHER VIEW OF AN EMERGENCY
No Law or. Precedent to Cover a Suppo
sitious Prr-Inautruratlon "Vacs ncy."
WASHINGTON, D. C, Jan. 2. (To
the Editor.) In a late issue of The
Oregonian you published the following
querle from a correspondent:
"Assuming that the electoral col
lege, during the life of Mr. Taft, should
elect him, ;but thereafter and prior to
Mr. Taft's inauguration Mr. Taft should
die, what would be the result, politi
cally? That Is to say, what would the
procedure be as to the election of a
President of the United States?"
To which you answered:
"The natural procedure would be to
do nothing. Mr. Sherman would be in
augurated as Vice-President and there
after assume the office of President.
However, if Mr. Taft should die the
day after -election by the electoral col
lege In January, there would be time
for Congress, which canvasses the vote
Jn February, to meet the emergency in
some manner acceptable to the Repub
lican party and the entire country."
In my judgment your answer was not
wholly correct. Clause 5 of Article 2
of the Constitution reads as follows:
"In case of the removal of the Pres
ident from office, or of his death, res
ignation, or Inability to discharge the
powers and duties of the said office,
the same shall devolve on the Vice
President, and the Congress may by
law provide for the case of removal,
death, resignation or inability, both of
the President and Vice-President, de
claring what officer shall then act as
President, and such officer shall act
accordingly, until the disability be re
moved, or a President shall be elected."
The 12th amendment to the Consti
tution, after providing for the canvass
of the votes for President and Vice
President, provides if It shall appear
that no person has received a majority
of the votes of "the whole number of
electors appointed" the House of Rep
resentatives shall proceed to elect a
President "from the persons having
the highest numbers, not exceeding
three, on the list of those voted for
as president." It further provides that
"if the House of Representatives shall
not choose a President whenever the
right of choice shall devolve- on them,
before the 4th day of March next fol
lowing, then the Vice-President shall
act as President as in the case of death
or other constitutional disability of
the President."
Thus it will be seen that only in the
happening of one of two events can
the Vice-President act as President,
namely, (1) should the House fail to
elect or (2) in case of the "removal
of tho President from office, or of his
death, resignation or inability to dis
charge the powers and duties of the
office." Suppose, however, that the
electors should choose a President and
the House should duly canvass the
vote and duly declare the result or that
the majority of the electors should
fail to vote for any one person and the
House should choose the President and
that the person so chosen either by the
electors or by the House should, after
the canvass of the votes by the House
or after election by !t and before March
4, die, who- would then act as Presi
dent? The Vice-President could not
because the vacancy in the office would
not have occurred either by the remov
al, death, resignation of the President
or the failure of the House to elect,
nor would it be a case of the inability
of the president to discharge the du
ties of the office. It would not be a
case of the death of the President be
cause one elected to be President can
not enter upon the office until March
4 thereafter and he does not then be
come President until he has taken the,
oath of office. Nor can Congress make
provision for some other person or
official to act as President except in
case of the "removal, death, resigna
tion or inability of both the President
and Vice-President?" It is clear, there
fore, that should the President-elect,
after the House has canvassed the vote
or chosen him, and before he has taken
the oath of office, die, the Vice-President
could not act as President and
the Congress would have no constitu
tional authority to fill the office.
This defect is realized and a resolu
tion proposing an amendment to cure
It. is now pending before the Judiciary
Committeee of the Senate. It was pre
sented by Senator Bacon, of Georgia.
C. ,V. FULTON.
Enomiona Wnate of Pence
New York Times.
Whi' the loss of life in the earthquake
is inexact by thousands of lives,, precision
in monetary loss is unimportant as well
as inexact. One on the spot has hazarded
the guess that the loss Is a milliard lire,
say $0)0,000.000. Although less than the
San Francisco loss in total. It falls upon
a people so much' poorer that the calam
ity Is relatively greater. Some of the
dead would hardly have cared to live to
face the trial, and the wounds will heal
years before the financial loss is recov
ered. Pity is heightened by the consid
eration that the Buffering was unescap
able and, humanly speaking-, undeserved.
On the same day that these considera
tions are presented regarding Italy the
fact is liable to escape notice that we
customarily Inflict upon ourselves a sim
ilar burden. It was a normal year, and
yet our fire loss was $190,000,00. about
what Calabria and Sicily have Buffered.
Nineteen cities have had losses of $100.-
. Vonr Vnrlf a a hlld a flOZPn
UW Ul lllUlc. " - - ...... .
such losses. It seems to be thought all in
the day's work, as though it were a provi
dential dispensation. It Is nothing of the
sort. It le wicked waste, and the grea
est single tax levied upon prosperity.
Each five years, the loss approximates
the National debt. Each ten years $1,600,
000,000 Is disbursed in premiums. And there
is the expense of the fire departments be
sides. We burn between a quarter or a
third in value as much as we erect . an
nually. We number our buildings by mil
lions, and our really fireproof structures
by scores. Yet many who are grieved
over the damage in Italy are thinking
nothing of our continuing loss.
Warnings In Eight Lansruages.
New York Times.
The death of a young' Hungarian girl
who was overcome by gas on the first
night she stayed at a new place at
Caldwell, N. J., recently, has caused
the Mountainside Hospital managers of
Montclalr to issue warnings In eight
languages relating to the proper meth
od of turning off the gas.
These warnings are printed on a card,
and will be placed in the rooms of
servant girls throughout Montclalr,
Verona, Glen Ridge, Caldwell, Bloom
field, and other towns that send pa
tients to tho Mountainside Hospital.
The warning, as printed in English,
says:
"The burning gas must not be blown
out, only turned off, so that the key
stands crosswise with the pipe; other
wise the escaping gas will cause death."
The warnings in the other languages
are headed: German, "Warnunss;"
Swedish, "Varnlng;" Hungarian, "Fig
yelem:" Polish,- "Zwazenie;" Norweg
ian, "Advarsel;" Bohemian, "Ctete;"
Slavonian, "Citajte."
Brief Lesson In Enxrllsh.
From Tit-Bits.
Graduate Which is the proper ex
pression to use "Girls are" or "Girls
is"?
Chorus of Schoolmates "Girls are,"
of course.
Fair Graduate Of course; pshaw!
Girls, are my hat on straight?
Meat and Potatoes, Also.
PORTLAND, Jan. 7. (To the Editor.)
Just a line to add to your suggestion
about feeding birds while the snow
lasts. In this freezing weather, they
enjoy meat and potatoes as well as
bread-crumbs. Put out all your scraps
for the birds.- BETSY.
ANNUAL) REVIEW OF T. M. C A.
High-Tide Wnter Marls of Prosperity
In Year Jnat Pnased.
The annual review of the Young
Men's Christian Associations of North
America, dated January, 1909. has been
received, and Is headed "Association
Men." It consists of about 200 closely
printed pages, giving a general picture
of results of work done by Young
Men's Christian Association effort for
the past year and showing plans for
the future, and the central thought is
ootimism and encouragement.
"The little book is handsomely illus
trated, showing pictures of Y. M. C. A.
buildings at Philadelphia, Fa.; South
Bend. Ind.; Duluth. Minn.; Loa Angeles.
Cal.; Spokane, Wash.; Houston, Texas;
Baltimore, Md.: Madison, N. J.; Edmon
ton, Alberta; Charlotte, N. C. etc. The
new Y. M. C. A. building in this city
is not pictured, as it ha3 not progressed
enough in construction to be shown,
but on page 1S2, under the heading
of "City Association Buildings Com
pleted in 1908," appears the statement:
"Portland, Or.. $350,000."
Among the Interesting articles are
extracts of speeches by President-elect
Taft and Governor Hughes, of New
York, on Association work.
This extract is taken from the arti
cle on "The Business of Developing Men
and Boys to Higher Efficiency":
"The Young Men's Christian Associa
tion is engaged in the business of train
ing for physical endurance and effi
ciency, educating for business advance
ment, making individual members of
society clean, conscientious and Chris
tian, arresting moral decay and stay
ing the waste of dissipation.
"To this purpose It is directing the
volunteer forces of its 1939 branches,
with 456.000 members, more than 60,000
of whom are committed to regular and
systematic undertakings for the better
ment of men, in addition to the Inci
dental and occasional services of thou
sands more; 2544 secretaries and direc
tors selected and professionally trained
as specialists are its employed force:
"It has increased Its 'Manhood Fac
tories," to use the term of President
Roosevelt in referring to the Studebak
er Memorial Association Building, by
S4 in one year, at a cost of $10,000,000.
Its property, new totalling $60,000,000.
with SO buildings to 'cost $9,000,000
more, under construction or projected. .
"The Associations also secured and
used In their undertakings $6,993,000
within ti i year, fully half of which
was paid by their members.
"There are 48,000 employed men and
boys increasing their efficiency for
business by night study in 160 branches
of supplementary education and train
ing. Fcr this they pay $323,000 in
fees.
"More than 190,000 men and boys are
increasing their physical efficiency in
tho 613 gymnasiums taught by 413
trained physical directors, assisted by
64H0 volunteer leaders, while right
habits of wholesome living, exercising
and working are taught fully 200,000
more in communities and factories.
"To sustain and develop moral effi
ciency, reinforce character, Bave from
the waste and wreck of dissipation,
vigorous use is made of personal Influ
ence and thousands of Bible classes
and religious services. In the Bible
classes .105,000 men and boys were
trained and more than 100,000 each
week attend religious meetings.
"On the Panama Canal Zone four
buildings provided by the Government
for the safeguarding of Its employes
are put Into the Association's "hands to
conduct.
"The War Department opens the way
at posts, forts and Navy-yards, and in
vites and facilitates the Association's
work among soldiers and sailors.
"In more than one university a thou
sand men are cultivating Christian
character In association Bible classes.
There are 763 student associations with
5 9,000 members.
"In Summer institutes of 10 to SO
days each, over 3000 men are trained in
Christian leadership, 2200 of whom are
college students.
"School and employed boys in their
teens by thousands are 'guarded in un
guarded years," and engaged for influ
ence among their companions, and 10,
000 were with Christian leaders in Sum
mer camps.
"Cotton, mining, lumber, steel and
other great manufacturing industries
have engaged and equipped associa
tions to serve their men.
"The Government has invited the
county department to work with It in
its country uplift movement.
"In the Association dormitories 19,
000 young men made their homes and
fully 40.000 more were directed to good
boarding pjaces.
"Employment was found for men and
boys with yearly salaries aggregating
$16,000,000.
"The 49S9 country and town corre
spondents Introduced thousands of
young men when leaving home for city
or college, the world over.
"The dally attendance at the reading
rooms exceeds 155,000.
"The international and state commit
tees engaged in the promotion of this
bualness used $650,000 In their work
last year. ,
"Railroad companies gave $385,000
last year for maintenance and often as
much or more for equipment of ,the
242 associations on their lines."
A Generous Man.
Washington Post.
Two Irishmen were discussing the
death of a friend.
Said Pat: "Sure, Casey was a good
fellow." "He was that," replied Mike.
"A good fellow, Casey." "And a cheer
ful man was Casey," said Pat. "A
cheerful man was Casey, the-cheerful-lest
I ever knew," echoed Mike. "Casey
was a generous man, too," said Pat.
"Generous, you say? Well, I don't
know so much about that. Did Casey
ever buy you anything?" "Well, near
ly," replied Mike, scratching his head.
"One day he came into Flaherty's bar
room, where me and my friends were
drinking, and he said to us: 'Weil,
men, what are we going to have rain
or snow ' ? "
Saylnss of Great Men.
New York Globe.
I'd rather be Governor of 'New York
than President of France. I wear whis
kers myself. President Hughes.
A FEW SQUIBS.
In the matter of bills receivable the
memory of the Standard Oil is. however
absolutely faultless. .Newark Evening
News.
Irascible Magistrate Officer, why did
you bring this prisoner up before me?
Can't you see he's as deaf as a door null?
Policeman Oi was told ye'd give him a
hearing, sor. Judge."
Him And you won't go with me? Her
No, I don't like .your style. Him Poohl
You're as full of airs as a street piano.
Her Maybe, but I don't go with a crank.
Cleveland Leader.-
"Do you regard BllKgina as a man of
great depth?" "No," answered Miss Cay
enne. "His conversation is hard to follow.
But his Is one of tho natures that avoid
seeming shallow by being opaque." Wash
ington Star.
'Ol hear they do be slndln' messages now
widout wolres or poles. Faith It's won
dherful toimes we're living in, Dennis."
"It is. Moike. Shure, th' way things Is
goin" we'll be able to thravel widout lavln
home wan ar, tblm days." Judge.
Bink Stung again yesterday. Wink You
are always gettinR stung. What now? Blnk
Answered an ad that said for a dollar
they would tell mo how to save plumber's
bills Wink And the answer? Wink Just
two words "File them." Chicago Dally
News.
First, out of man's need, sprang Enter
prise alert, tireless, and presently so for
tretful of Its origin as to push on where no
need was. But at length Enterpriss was
made conscious of Its trousers, and how,
by such lierce activity. It was bagging these.
And that was the besiuning 0f Uenulily.
Puck.
LIFE'S SUNNY SIDE
De Lancey Nlcoll, the lawyer, dis
cussing a celebrated case, gave his idea
of a suspicious question one of those
suspicious questions which carry their
own conviction with them. "It is Just
such a question as a gilded youth asked
the head waiter in a Broadway restau
rant the other morning. 'Was Blank
here last night?" he betran. 'Yes. sir,"
the waiter answered. 'And,' said the
youth, nervously, 'was I with him?' "
Argonaut-
"Sure." said Patrick, rubbing his
head with delight at the prospect of a
Christmas box, "I always mine to do
me duty."
"I believe you," replied his employ
er, "and therefore I shall make you a
present of all you have stolen from mo
during the year."
"Thank ye, yer honor." replied Pat,
"and may all your friends and acquaint
ances trate you as liberally." Tit-Bits.
e
Cissie Mamma, mayn't I take the
part of the milkmaid at the fancy dress
ball?
Mamma you are too little.
Clssle Well, I can be a condensed
milkmaid. Comic Cuts.
e s
"Ma'am, here's a man at the door
with a parcel for you."
"What is it, Bridget?"
"It's fish, ma'am, and It's marked C.
O. D."
"Then make tho man take It straight
back to the dealer. I ordered trout."
Baltimore American.
George Wilson Sellers, the Western
cricketer, described In Chicago his at
tempt me to teach cricket to the men on
his Indiana eBtate.
"Cricket Is, of course, a more leisure
ly game than baseball," said Mr. Sellers.
"We played it on my place in the proper
leisurely manner, and all my men
seemed pleased. Our first match was
with Concord.
"One of my men his name Is John
seemed particularly pleased. John did
full justice, before the match, to the
lunch served In the marquee on tho
lawn. He enjoyed, too, the meat tea
that pleasantly interrupted the after
noon's play. At each Inning he was on
hand when the drinks and cigars and
sandwiches were passed a'bout.
"During the open-air dinner that
wound up the first day's play I turneii
to John and said:
" 'Well, old man, what do you think
of cricketr
"Mr. Sellers,' said he, 'it would be
a grand game if it wasn't for all this
here fieldln' and runnin' about between
meals.' " Detroit Free Press.
e e
It was Just as the curtain was being
rung up that kind-hearted Mrs. Grey
suddenly remembered the Inquiry that
she had intended to make about a sick
neighbor. She leaned back and ac
costed Mrs. Baseom, who had Just
moved in next door to the sick friend.
"Can you tell me," she queried, hasti
ly, "how old Mrs. Davis is?"
A puzzk-d and reflective look stole
over the face of Mrs. Basoom as she
turned for a whispered consultation
with a third lady, directly behind her.
Presently Bhe bobbed back toward
Mrs. Grey, her forehead puckered. "I
really am not quite certain," she re
ported, apoiogotk-ally. "but I believe
she Is at least 75." Harper's. Weekly.
e
"It's real mean!" the young woman
exclaimed.
"What's the matter?" her mother In
quired. "Before I married Herbert I mado
him promise to pass every evening at
home with me, and now he says no's
sorry, but he cant take me to tho
theater without breaking his word."
Philadelphia Inquirer.
Mr. Meek Did you turn my ace?
Mrs. M. Yes. What of it?
Ma M. N-nothing, my dear. I'm glad
It was you. If one of our oppont-nts
had done it, we'd have lost the trick.
Cleveland Leader.
e
Miss Hobson was most popular with
the two young and unmarried members
of Centerville's school board. They did
not propose to have any change of
teachers in District No. 3.
"Do you think Miss Hobson pays
quite enough attention to discipline?"
suggested one of the elderly, married
school committeemen one day.
"Discipline! Why, of course she pays
a great deal of attention to it," assert
ed Ed Porter, hastily.
"We never had anybody else begin to
pay as much," said Henry Lane. "why.
one afternoon I was in there at No. 3
and Mlsa Hobson spent the whole time
every minute of it preserving order
in that schoolroom.' Youth's Com
panion. e e
"Hi, there; no bathing allowed.'
"I'm not bathing I'm trying to com
mit suicide."
"That's quite another thing; I beg
your pardon." Fliegende-Blatter.
IN THE MAGAZINE
SECTION OF THE
SUNDAY
OREGONIAN
PHILANDER 0. KNOX,
A KIDDLE
Many-sided character of tho
Pennsj-Ivnnian chosen to bo the
head of Taft's Cabinet. He re
sents more contradictions than
any other man in America.
WHEN LINCOLN CAME OF AGE
lie had no trade, no profession,
no spot of land, no patron, no in
fluence, nothing in the world, not
even a respectable suit of clothes.
NEVEE-ENDING PUNISH
MENT FOR INDIANS
After 30 years, the Uncompah
gres are still paying the penalty
for the Meeker massacre.
CELEBRITIES WHO HAVE
SLEPT IN PRISON CELLS
Like Bunyan and De Foe, liv
ing famous men planned their best
work behind prisou bars.
HAVING FUN IS PAIN
FUL TO THE RICH
Says the Hotel Clerk, and then
lampoons New Yorkers for their
form of high-class entertainment.
ORDER EARLY FROM YOUR
NEWSDEALER.