I
TITE MORNING OREGOXIAX, . THURSDAY, FEBRUARY 4, 1909.
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PORTLAND, THURSDAY, FEB. 4. 1909.
PORTENTS OF POLITICAL CHANGE.
Human nature, especially educated
human nature. Is conservative. It Is
not opposed to Innovation or change,
but Is opposed to extreme Innovation
or radical change. A new alignment
of political parties in this country
of ours has begun. There has been
long preparation for it. The prep
a ration began with cessation of inter
ference by the general Government
with the internal conditions of our
great Southern states, some SO years
ago. Our Southern states are the
conservative portions of the Union,
They have adhered to the Democratio
party, only through accidental condl
tlons that have forced them to do so.
The bond Is at last completely sev
ered; for the Democratic party of
the great Northern states now Is con
trolled in large degree by the social
istic theorists, with, whom the sent!
ment of the great Southern states has
nothing at all in common.
The "nigger question" Is a great
question, which is demonstrated by
the fact that In one way or another
It has controlled our National poll
tics more than 60 years. It was the
source of the Civil War; it has been
the main division of parties since;
yet now, since the Southern states are
finding out that they no longer are
to be Interfered with In this most
important of all matters that concern
them, their natural conservatism on
other matters asserts Itself and takes
a new course. But the Northern
Democratic party now. In its main
elements and purposes. Is a party of
socialistic agitation, with which the
conservatism of the great Southern
states has nothing whatever In com
mon. The Southern states feel and
know that their vote for Bryan was
a solecism and absurdity.
If the negro question, so-called, as
It affects our Southern states, shall
be left to them, as it ought to be and
must be, the conservative and rational
spirit of the South .will ally itself
"certainly with the conservative and
rational spirit of the North. It Is a
process that every observant person
sees in operation now. The Civil War
is at a sufficient distance to afford
room for the change. From the agi
tation of "isms" the South is the one
section of our country most com
pletely or notably free. In the new
alignment of parties It is coming into
position to take the lead. Will it be
on tho Republican or on the Demo
cratic side? It may make little dif
ference. Yet there is this difference:
The Democratic party of the North
is socialistic and radical; its consrrv
atlve element Is comparatively small;
while the South has little or no sym
pathy with the various agitators and
socialistic elements of Northern pop
ulation, which, however, are mainly
associated with the Democratic pary.
It portends a change in the com
position of political parties, and In the
objects of party action. The conserv
ative element of the South, which in
cludes the whole body of Its people
worth a. thought, will ber disposed to
unite with the conservative element
of the North. The result may be a
President elected as a Democrat
nominally a Democrat; and he may bo
a Southern man. Probably be ought
to be. "So soon," says the Baltimore
Sun, a Democratic paper that sup
ported. Taft against Bryan, "so soon
as it is understood In the Democratic
National conventions that the South
ern Democracy Intends to demand and
exercise Its proper power In the party,
and that the only way to make sure
of the electoral vote of the South is
to recognize Its political rights, there
will be a chance for a Democratio
Prostden t."
Yet It may be that the South, dis
regarding party names, will find the
Republican party of the North more
In accord with Its thought and pur
ppe. The consequence will depend
largely on the course of the Repub
lican party of the North. Should it
allow Itself to be dominated by time
servers, vote-catchers, socialistic agi
tators, men of no principles, the South
will not act with It. The South is
unwilling to change the fundamental
character of our Government. But
the larger portion of the Democratic
party of the North, together with
some portion of the Republican party,
is in favor of changing it. The "new
system" in Oregon is a sign of the
disposition and intent, with which the
South doesn't sympathize at all. One
of the advantages of a great country
over a small one Is that the influence
of a large section may overcome local
political and social aberrations, just
as the South now is the main obstacle
to the agitation and progression of the
socialistic and revolutionary Ideas that
find Northern states now their main
Held of propagation.
Change of parties from old condi
tions, and of men from old political
associations, cannot much longer be
deferred. The change Is. In the air.
Roosevelt has helped to break up the
old conditions. Taft may help the
reconstruction. But party lines here
after will not be as they have been
heretofore. The agreeing sentiment of
the North and of the South will draw
together against the spirit of radical
innovation and violent change, which
discover their energy almost wholly
in the ' Northern states, under the
tutelage and encouragement of
Democratic party.
the
A bill has been introduced In the
Colorado Legislature making it a mis
demeanor to give, accept or solicit
provision, which exempts the dusky J
artist wun me n niss Drown, nas me .
appearance of stralrjng at a gnat and
swallowing a camel. The guest at
the hotel or the grillroom can escape
and go to some other hotel or res-
taurant If he objects to being held
up for tips, but If he travels very
often he Is almost certain frequently
to And himself at the mercy of a
porter whom he might have over
looked on some previous journey. An
other unpleasant part of the porter
tipping custom is the knowledge that
every cent paid the porter aids in
increasing the profits of the soulless
corporation that operates the cars on
which the public pays the salaries
in addition to the regular tariff.
"PLEDGE SYSTEM" AN'D ITS FRUITS.
From the way in which the great
majority of the members of the Leg-
nlnrni-a ti n in qiitinnrf fr t nA
islature "line up" in support of the
"more salary" bills It 'becomes evi
dent that "Statement One" was by no
means the only subject on which
pledges were made before the elec
tion. Men anxious to go to the Leg
islature apparently have promised and
pledged all increases of salaries that
have been asked by officials or can
didates. These pledges, clearly, were
exacted as conditions of support and
election, and the fruits are now ap
pearing in the general rush of the
"more" bills, some of which now for
the first time appear, while others are
bills arrested two years ago by the
Governor's veto, and now are being
passed over it.
Men who want to go to the Leg,
Islature often will promise anything
or pledge anything for support. They
allow themselves to be Intimidated by
portions or factions of the electorate,
and since the "Statement" ha3 come
into vogue an4 the pledge It author
izes Is common, the practice has be
come a precedent for all other pledges
and promises to do in the Legisla
ture whatever personal or selfish in
terests may require of the member.
It Is an abominable system, at vari
ance not only with representative gov
ernment, but with the rights of the
people and with honesty and decency
and economy In the public service.
Yet It is argued that the "pledge sys
tem" is right; that it secures and en
forces the will of the people. But no
pledge ever Is exacted by the body of
the people, or In the interest of the
body of the people. For that really is
not necessary. On political questions
members of the Legislature in general
will act with their party, and are
expected to do so; In other matters
there Is always some private interest
against which all ought to be on their
guard. A fraction of the people is
not the people; a faction of a party
is not a party. The "Statement"
pledge was a mere factional expedient
and effort, which In Its results has
completely defeated the will of the
people, not merely in the election of
Chamberlain, but in the election of
Bourne as well.
Pledges of candidates for the Leg
islature to salary grabbers have pro
duced a most immoral combination
for extortion in the shape of "more"
for officials in all parts of the state,
and for the creation of a great list of
unnecessary and hitherto unknown
offices.
Perhaps the time is coming when
the state of Oregon will signify that
It has had quite enough of this sys
tem, and will put an end to it, from
Statement One" down the whole line.
For 11 cannot long be pleasing to the
people to find that their political
rights have been bartered away by
pledges which elect men to the high
est political offices who do not rep
resent their principles at all, and that
the revenues of the state, paid by a
drastic system of taxation, are
"pledged" In vast sums, for increase
of salaries and creation of an addi
tional horde of officials. The pledge
system is Indeed bearing its fullest
fruit.
And to clinch the pledges as to sal
aries and offices the "emergencjr
clause, which in these cases Is merely
an assumption as false as Impudent,
is freely used, so a3 to cut oft the ref
erendum and avert the sure rejection
that would be the fate of the Jobs
lf the popular vote were brought to
bear upon them. Might it not also
be suggested that each of these acts,
in order to provide sure protection
for the various Jobs, should declare
that the initiative never should be
used for their repeal?
PORT OF PORTLAND ECONOMY.
The attitude of Mr. John Driscoll,
of the Port of Portland Commission,
regarding an unauthorized advance of
J 30 per month In the salary of an
assistant engineer on the dredge, is
to be commended. The Port of Port
land is one of our comparatively new
public institutions. .There fs no other
branch of public service for which
our people pay taxes less grudgingly
han for this most necessary institu
tion. Yet it Is questionable whether
he loj-alty of the people to the Port
of Portland can be retained if there
is unnecessary waste of money for
alarles. If it develops that it was
actually necessary to advance the sal
ary of this assistant engineer $30 per
month, and that his place could not
be filled at any lower salary, the tax
payers will, of course, accept the sit
uation with as good a grace as pos
sible. But Mr. Driscoll is one of
the oldest members of the Port of
Portland, and should be in a position
to know whether or not the service Is
Jeopardized unless an assistant engi
neer Is given a 30 per cent advance
In salary.
There is further food for thought in
the report of the meeting, which says
that Mr. Driscoll "complained be
cause the payroll Is so high, and said
he thought it is time for close scru
tiny of the lists, to the end that it
may be pruned somewhat." With
Captain Groves, a practical riverman.
uperintendent of the dredging opera
tions and at the same time master of
the itrprfpft And n,f a pnlarv nf 11 Kn
per month, and Mr. Lockwood, con
sulting engineer, at a salary of $50
per month, excellent results were se
cured. The additional work entailed
In taking over the tugboat service ne
cessitates employment of another man
who In his department would rank
equal with Captain Groves in his; but
It does not warrant the employment of
too many superintendents and super
intendents of superintendents at, high
salaries. The salary of Mr. Lockwood
has been advanced to $400 per month,
and, although it will be six months
before the Port of Portland will take
over the towing business, another su
perintendent, presumably to work un
der Mr. Lockwood, has been appointed
at a salary of $200 per month.
By beginning at the head of the list,
Mr. Driscoll can find ample opportu
nity for "pruning somewhat," and the
saving can be effected without in any
manner aneciing ine service. Anmaer
opportunity for practice of economy
lies In the purchase or construction of
bar tugs. The substitution of steam
for sail vessels in the grain carrying
J trade has practically driven the sail
ing vessel out of business, more than
one-half of the grain shipped from
Portland in the last fiscal year having
gone out in steamers. Another live
years will undoubtedly witness com
plete retirement from this trade of the
sailing vessel. The only work which
the Port of Portland tugs will, then
have to handle will be the small
coasting schooners and barkentines,
and the placing of pilots on the steam
ers. For this service small econom
ically operated tugs will be as efficient
as large ones, and no money should be
wasted in building big, unwieldy, ex
pensive craft which are no longer
lf Mr Drlscoll win continue
I
his fight for economy in Port of Port
land expenditures, he will win the ap
proval of all taxpayers.
COCNTY OR PRECINCT OPTION.
When tho proposition for the local
option law came before the people
The Oregonlan made objection to the
feature that makes the county the
unit, showing that this was not true
local option, but that the object of it
was to enable the county precincts,
where no liquor is ever sold, because
nobody wants It, to prevent the sale
in the leading town of a county, whose
people do not wish to prohibit the
sale In their own town.
It turned out precisely that way.
The country precincts of Lane prohibit
the sale in Eugene; the country dis
tricts of Douglas prohibit the sale in
Roseburg; and so on. But that be
came the established rule, and after
it was established The Oregonlan had
no more to say.
There is effort now to change the
system and to make the precinct or
the city ward the unit. It will fall.
The Oregonlan has no inclination to
engage in a windmill war. .
In Indiana, as in Oregon, the coun
ty unit was adopted. The whole
liquor forces of the state Joined the
Democratic party last Fall against it,
and the Democrats carried the state
under a pledge or promise to repeal
the act. The anti-liquor Democrats,
thinking the measure secure, voted
their party ticket, holding that their
first allegiance was due to their party.
But now the liquor Interests insist on
the agreement, they crave the bond,
and the Democratic party caucus of
tho House has agreed to repeal the
feature that makes the county the
unit, and to substitute for it the pre
cinct plan.
Whether the law will be changed or
not cannot yet bo told. It was this
tangle of politics with the liquor ques
tion that gave the state of Indiana
over to the Democratic party in the
election of last November.
THE HISTORICAL, SOCIETY. .
The State of Oregon probably can't
afford a building for its Historical So
ciety. There are too many grafters,
seeking larger salaries and multiplica
tion of offices. '
It is not strange that you don't find
them working in this particular line.
They haven't Intelligence or culture
enough to cause them to take Interest
In historical affairs. They don't know
that Oregon has a history, and that its
history is correlated with that of the
rest of the country; and they don't
care. Their motive is vulgar greed.
They want office, and don't want or ex
pect to do any work. Without abil
ity or qualification to do anything, on
their own account, and too lazy and
worthless to work In the fields or
woodc, they want to live oft the state.
But you will observe .that, among all
their schemes, service in promotion of
the needs of the Historical Society has
no place. That service requires in
dustry, intelligence and learning.
But the Historical Society must have
a building, or it must quit. It has ac
cumulated a vast store of excellent
material, but it has no home, no means
of assorting and preserving its acqui
sitions. The state might easily help It
and preserve its work for future ages
If the greedy cormorants who are at
the capital of the state clamoring for
increase of salaries and trying to get
more offices created were turned reso
lutely down.
REGULATING THE TRUSTS.
Commissioner Smith, of the Bureau
of Corporations, has submitted to his
superior. Secretary Straus, a report
which glows with encouragement. If
his facts are correct, the encourage
ment is well grounded. ' Commissioner
Smith discerns a change for the better
both in "business leaders" and in the
public. The leaders no longer take
the same delight they once did In ways
that are dark and tricks which were
verj- far from vain, since they brought
in rich returns. But nowadays the
returns are not so rich. It has been
discovered that public confidence is a
valuable asset to a corporation which
has shares for sale and confidence is
stimulated rather by the publication
of full reports and open business
methods than by devious wiles which
haunt the shades. So Commissioner
Smith finds the captains of industry
astonishingly ready to open their
books to his inspection and tell him all
about what they are doing and the
whys and wherefores thereof. He,
seems to think that the solution of
many difficult problems ivhlch now be
set the relations between the people
and the trusts will be found in this
publicity which he would make sure
and safe by legal enactment.
On the other hand, Mr. Smith finds
a hopeful change in the public mind
also. The people seem to have lost
that Insane admiration for mere
riches which they once exhibited.
They are now deeply interested to
know how each millionaire got his
money. Methods weigh more with
them than results. They demand clean
and fair commercial usages. Compe
tition is desired, but it must not be
tricky. Every man must have a fair
chance to prove his worth; The high
ways of commerce must be open to
everybody on the same terms. There
must be no trade alliances which are
hostile to the individual who wishes to
embark his means in business. Thus
the public ardently demands honest
trade and' the captains of industry
seem prepared to practice it. Even
the Standard Oil Company, that chief
of sinners, ha3 experienced a change of
heart under the trituration of laws
which it has not been able to evade.
Expelled from Texas and harried In
Missouri, it comes forward with a
meek proposal to do business hence
forth in a sort of partnership with the
latter commonwealth.
The only objection to the Standard
Oil proposal isthat 1t is to be under
the administrative control of the
courts if it is adopted. The courts are
the worst administrators in the world.
That Is not what they are established
for and their entire disposition, train
ing and temperament unfit them for it.
The proper business of courts is to try
lawsuits, and when they seek to enter
other fields of activity they certainly
weaken their position in the country
and are only too apt to demonstrate
innate incompetence. Mr. Smith is
entirely right in wishing that control
of trade combinations shall be in
trusted to the executive and not to the
JudiclaJ department of the Govern
ment. The supervision, he says, must
be administrative. "No other method
has the necessary flexibility. We must
have a system of supervision which
provides a working basis for confi
dence and co-operation, and which
does not rely merely on criminal pro
cedure and opposition." This Is the
soundest kind of sense. The laws
which regulate trade combinations,
like other laws, should be enforced by
the executive department of the Gov
ernment. .The part of the courts
comes in when the laws have been vio
lated and punishment Is necessary. It
is a serious departure from the true
function of the courts when It is
sought to make them executive agen
cies. .The enactments which Commis
sioner Smith desires look toward more
liberty rather than to further restric
tion. He believes that it is absurd to
seek on the one hand to destroy trade
combinations and on the other to reg
ulate them. If they are to be regu
lated they must be legalized. As to ex
tirpating them, he points with convinc
ing energy to the lessons pf experi
ence. In epjte of laws which forbade
their existence, the trusts have multi
plied rapidly in the last two or three
decades, and It is difficult to conceive
of legislation which could hinder them
from multiplying still more. Such
laws simply strike futile blows at wind
mills. Combinations are the result of
common sense applied to trade. The
more sense men have and use the
more they will combine. In forbid
ding them to use their intelligence the
law does not cut a very pretty figure.
It would look better lf it applied its
energies to regulating the combina
tions, making them fair' and keeping
them from harming outsiders, if that
is possible. Mr. Smith thinks it is
possible, end certainly there is nothing
in the nature of a trust which makes
it necessarily baneful to anybody. The
evils which have come from the trusts
are abuses of a beneficent economic
invention. Presently We shall find out
how to get rid of them and at the I
same time retain the advantages of
the great discovery.
The news that Oregon, which like
Uncle Sam "is rich enough to give us
all a farm," would build a railroad
across the state, would undoubtedly
be Joyfully received hy Mr. Harriman
An Oregon road, such as could be
built by our own people within the
state, would naturally be dependent
entirely on ' Mr. Harriman or some
other transcontinental railroad mag
nate for connections that would make
it of value. The only argument that
we have ever placed before Mr. Harri
man for building a road into Central
Oregon was that it would build up
the country, and thus Increase the
business for his transcontinental lines.
All of the great timber resources of
the central and southeastern part of
the state will seek a market in the
East, and eventually the grain will
follow. If we will spend our money
In building a road into Central Oregon,
so that the products can be got out
to the state line where Mr. Harriman
can get hold of them, he will be Ore
gon's friend for life. Incidentally, when
the business of operating a state rail
road became too burdensome we
should probably be glad to sell it to
Mr. Harriman for less than the cost
of construction.
"The -Milwaukee has no terminal
grounds in Portland and Is not intend
ing to purchase any terminal grounds
there," says Mr. Ingersoll, of Tacoma,
who Is vice-president of the Chicago,
Milwaukee & Puget Sound Railroad.
The strong anti-Portland disposition
which the Milwaukee road has dis
played 6lnce it began building to the
Pacific Coast will enable Portland
business men to say, "The Milwaukee
has no business in Portland, and Port
land Is not intending to give the line
any business until it becomes some
thing more than the Chicago, Milwau
kee & Puget Sound Railroad."
Neither Stephenson in Wisconsin
nor Hopkins in Illinois ever will be
re-elected. Neither of them Is fit to
be Senator. The primary system, by
which they foisted themselves on the
people, is completely discredited In
both states. And It Is discredited in
Missouri, where the fruit is Stone.
Nor will New York have it;
nor Massachusetts; nor any of the
substantial-and self-respeoting states
of the Union. Ohio and Indiana re
fuse it. So does Kentucky. Oregon's
example is pointed at by all of them
as worst of all.
Professor Budlvan Pogechevsky is
not the first master of all the philoso
phies and nine languages who Is not
able to m.ikb an honest living. Eu
gene's experience with him ought to
warn the professors to beware lest
they turn out similar specimens. The
truly wise find lessons even in the
most humiliating experiences.
It Is hardly to be believed that Cal
ifornia without horse-racing will be
the dreary . desert the advocates of
racetrack gambling say It will be.
The California population has plenty
of Winter diversion; for example,
keeping out of the way of the floods.
Proposed new charter seema not to
be making a hit with a number of
Portland's improvement associations.
What the improvement associations
want is a charter they are satisfied
with. Charter Commission please
take notice.
If the people are unable to elect leg
islators whom they can trust, they
should elect no legislators at all. This
Is the all-sufficient answer to the
clamor for "the statement."
A gay Lothario was fined $10- for
kissing a Chicago landlady. Served
him right. A man with such nerve Is
dangerous to be at large.
There is an old maxim about pitch
which Dr. C. T. Wilson probably
wishes he had remembered in time.
Queer that wheat goes up to $1'
and more a bushel when nobody has
much wheat to sell.
As some outsiders view It, an Influx
of Japanese would do a lot to Improve
Nevada.
What to do about Statement No. 1:
Don't take it.
THE MISERABLE! PLEDGE SYSTEM.
Reasons why the Bill Directed Aninst
It Ousht Not to Pass.
PORTLAND, Feb. 3. (To the Edi
tor.) The proposal in the Legislature
to pass a law making It a misdemeanor
for a candidate for public position to
make a pledge which has for its foun
dation the direct violation of his oath
to support the Constitution of the
United States or of the state suggests
a situation in Oregon which deserves
serious consideration.
The very fact that such a bill Is
introduced indicates that . candidates
have been doing this very thing, proof
of which is directly supplied by the
vehement opposition to the proposi
tion which' comes from certain quar
ters. Indeed, the amazing feature of it Is
that there should be any opposition
at all to a law which simply provides
that hereafter no candidate shall take
a pledge which may in its observance
vitiate his oath to support the Consti
tution of the United States-in other
words, shall not become so inordinate
ly anxious to secure an office that he
will agree to violate a subsequent
oath, which he knows he must take.
In order to succeed In defeating his
opponent who has refused to surren
der a duty the right to perform which
under any circumstances comes from
the Constitution of the United States
and not from the constitution of the
state or from the people.
That Mr. Chamberlain's election to
the Senate was accomplished in direct
violation of the Federal Constitution
must be universally admitted by those
who are intelligent and candid. The
right of the people of a state to choose
United States Senators is expressly de
nied by that instrument. Everybody
knows it. This conceded fact is the
basis of the prolonged effort to so
amend the Constitution that the people
may choose Senators, and until that
effort succeeds the people havo no
rlsrht whatever to meddle In the se
lection of Senators to the extent that
a. Legislature nubliclv confesses it is
helplessly "choosing" a Senator of the
United States whom it does not want.
The man who does not know that
such Droeeedlne- is plainly In violation
of the Federal Constitution, especially
If he Is a member of the Legislature,
should at once be subjected to the op
eration of the recall as an intellectual
lncompeten c.
In the. Federal convention of 1787
the greatest contest fought out In that
body of great statesmen was over the
manner of choosing Unlced States Sen
ators, and almost every method Imag
inable was suggested. Indeed, the
first proposition considered was the
choosing of even the House of Repre
sentatives by the state Legislature and
to provide for the selection of Senators
by the House of Representatives from
among names presented by the Legis
latures. It was further proposed and
extensively, as well as seriously, dis
cussed, to provide for the selection of
the President by Congress, also by the
governors of the several states.
Roger Sherman, one of the signers
of the Declaration of Independence,
was opposed to the election of the
House of Representatives by the peo
ple and said the people should "Imme
diately have as little to do as may be
with the Government. They are con
stantly liable to be misled."
Mr. Gerry said, "the evils of exper
ience flow from an excess of democ
racy. The people do not lack virtue,
but are constantly the dupes of pre
tended patriots. In Massachusetts it
has been fully confirmed by experi
ences that they are dally misled into
the most baneful measures and opin
ions by the false reports circulated
by designing men and which no one
on the spot can refute. Experience
has ahoTrn that even the atate Legis
latures drawn Immediately from the
people do not nlnayi possess their
confidence."
Mr. Madison, however, insisted that
the House of Representatives should
be chosen by the people, saying that
"if the first branch of the general
Legislatures should be elected by the
state Legislatures, the second branch
elected by the first and the executive by
the second together with the first and
other appointments made for subordi
nate purposes by the executive, the
people would be lost sight of altogeth
er." He added that he was "an ad
vocate for the policy of refining the
popular appointments by successive
filtrations, but thought It migh be
pushed too far."
And It required a prolonged effort
to secure the .provision in our Federal
Constitution which would permit of
even the lower House of Congress to
be chosen by the people. That the
Senate should be so chosen was not
for a single moment in the minds of
that great body of thinking patriots.
Their final decision on that point is
set forth in the plainest of English
the Senators shall be chosen by the
state Legislators entirely independent
of the people, purposely independent
after a most exhaustive discussion of
the question. It is a distinct and fun
damental feature of our form of. gov
ernment that the state Legislator
when he Is balloting for a Senator in
Congress Is not at the time a repre
sentative of his state In the capacity
of a maker of its laws but is acting
tn his hltrher sphere as a representa
tive of the United States Government
U discharging a duty conferred exciu
sively upon him by the Federal Con
stltutlon.
Tndeed. the only instance wnen i
state Legislator is mentioned In the
Plural Constitution is wnere ne is
required to "choose a Senator or tne
United States, and his oath to support
that Instrument applies airectiy to me
performance of the oniy auty it con
fers upon him to see that the people
do not 'themselves "choose" Senators,
and in. the carrying out of his oath
to discharge this obligation he cannot
constitutionally stand in his place
when his name is called and explain
that he is about to "choose" a man to
whom he Is personally opposed and to
"choose" whom will require him to
stultify hlmsolf as to his convictions
relating to great public policies all
because somebody foreign to the Con
stitution of the United States has al
ready "chosen" somebody else!
Such procedure is not only a farce
but Is plainly revolutionary. The Sen
ate may seat Mr. Chamberlain but if it
does do so It will directly recognize
and indorse a movement which changes
our form of government and which
cannot from any viewpoint be lawful
ly upheld.
The present situation In Oregon will
result In postponing the adoption of
an amendment to the Federal Consti
tution providing for the direct elec
tion of Senators indefinitely; and until
such time as It Is brought about In
the manner prescribed in our supreme
organic law, we had better proceed
In the only lawful way.
And In the meantime there Is no
reason why every member of the Leg
islature should not unhesitatingly
vote for the Bean bill, which prohibits
a candidate from agreeing. In the in
tensity of his yearning for a publio
position to do a thing in the course
of his incumbency which will be In
direct violation of his oath of office.
It is indeed a pretty pass when a
member of the Legislature refuses to
support such a law as this. Its de
feat would be1 a straight declaration
that the right to violate oaths of of
fice is a reserved one and not to be
interfered with.
PIONEER REPUBLICAN.
. Hiding: for Show.
Providence Journal.
"Are women more beautiful today than
ever?" asks a Wisconsin paper. Of course
they are. But they have an unfortunate
iabit at present of hiding their beauty
under a bushel or something that looks
very much like a bushel.
RAILROAD SUED Br EXGXVEER
Forty Defendants Named in Action
Brought by J. H. Abbott.
J. H. Abbott, of the Portland Engi
neering Company, has filed suit in the
Circuit Court against the Clatskanle &
Nehalem ,Valley Electric Railroad Com
pany and 39 other defendants, to re
cover $1147.50, which he says is due
him for engineering services. He says
he was employed by the company last
July to locate a railroad line from
Clatskanle to Mist, In Columbia County,
at $160 a mile. ; He charges the board
of directors with attempting to evade
payment for the stock, for which they
subscribed, by asserting that they had
performed services for the company.
Abbott says these services are only vis
ionary. The directors, as named, are:
A. B. Kurtz, C. L. Conyers, C. H. Stock
well. Jr.; D. R. Nelson J. L. Wooden,
W. A. Hall and Henry Kratz.
It is stated that the 39. defendants
have not paid for their stock. Abbott
asks to recover from them. They are:
E. 3. Booth, Edward Hughes, W. K.
Tichenor, J. W. McDonald, G. D. Suth
erland, John Pringle, Henry Kratz, M.
A. Convers. George Koberstein, F. J.
Prahl, W. F. Hiatt, E. W. Conyers, V.
L. Malcolm. Birkenfeld & Lewis, E. E.
Hogberg, A. E. Harvey, E. C. Ains
worth, J. H. Aldrich, F. E. Turner. Mrs.
N. Merrill. C. A. Anderson. F. E. Malen
borg. A. Sandlln, J. L. Wooden. F. L.
Johnson, C. L. Conyers. Libel McCauley
Company. M. E. Page. John W. Lane,
E D. Tichenor, A. B. Kurtz, W. A. Hall.
C. H. Stockwell, Jr.; D. R. Nelson, H. S.
Glenn, James Miller, Casper Libel, Sim
mons & Dregal, Joel Hill. Hannah L.
Conyers.
Attorney George S. Shepherd appears
for the plaintiff.
PIGGOTT WOULD BE GUARDIAN
Declares Mrs. O'Connoll Cannot
Manage Her Own Affairs.
Following closely the recent Investiga
tion of the grand Jury into the conduct
of Charles Downer In connection with the
property of Mrs. Julia O'Connell, C. H.
Piggott has renewed his effort in the
Countv Court to be appointed guardian
for Mrs. O'Connell. He says that for two
years he has been her attorney and that
she is incompetent to manage her own
affairs. The grand Jury investigation
came, it Is said, whert Mrs. O'Connell
turned to ex-District Attorney John Man
ning in her penury and despair.
Mrs. O'Connell obtained a divorce from
her husband, Dennis O'Connell, in July,
,1908. Piggott states In his petition that
the decree provided that he build a five
room cottage on their East Side prop
erty, pay a mortgage of $1000, deposit a
part of his funds in escrow with the
United States National Bank, and deed to
his ex-wife $0000 worth of property, be
sides paying her $15 a month alimony un
til the escrow was consummated.
Piggott says he learned last year that
the husband had invested $2500 or J.TOC0
in California, and that Charle3 Downer
obtained complete control of Mrs. O'Con
nell's faculties, hypnotic or otherwise,
last October. He says Downer not only
obtained the woman's property, but built
five houses on It ana put li unuer numer
ous heavy mortgages and liens.
Because Mrs. O'Connell is without
funds, the County Court issued an order
yesterday that the petition be filed with
out charge.
COMPETE FOR RACING DATES
Rivalry Between Northwestern Cit
ies Will Be Settled Tomorrow.
One of the most Important meetings
In the history of the North Pacific Fair
Association will, be held tomorrow In the
Hamilton building. The association con
trols the harness-racing dates of the
Pacific Northwest and there is always
a scramble by tho members of the as
sociation to get dates suitable to the lo
cations of the cities they represent. This
year the scramble will be on in greater
earnest, for Portland, now that it has
the magnificent racing plant of , the
Country Club, may apply, for dates pre
ceding Salem, and there will also be
a demand from Seattle on account of
the exposition.
This exposition will bring into the
Northwest livestock and other attrac
tions that the members of the associa
tion hope to have exhibited at the var
ious state fairs throughout the North
west. It will also bring a number of
high-class harness horses. Snlem again
this year win hang up two Jouw purses
and Portland will again give Beveral
$2500 purses. Seattle will also hang up
handsome purses.
W. A. Cecil looses Case.
A verdict for the defendants in the
suit of W. A. Cecil against Mason Ehr
man & Co., and D. Becket, was returned
by a itirv in the Circuit Court yesterday.
at the direction of Judge Morrow. Cecil
was suing for $2500 damages for malicious
arrest. He was formerly In the employ
of the company, and was sent to deliver
five sacks of sugar. The company caused
his arrest on the assertion that the sugar
never reached its destination. He was
baled before the Municipal Court. Yes
terday's case was dismissed because he
was unable to show that the criminal
charge was dismissed for want of evi
dence. Demands' Return of $050.
Alleging misrepresentation on the part
of M. Steuer, George Frakes has brought
suit against him to recover $000. Frakes
says that he purchased from Steuor a
half interest in the Standard Shoe Repair
Shop, at 308 East Burnslde street. He
discovered afterward that Steuer had no
right to sell an automatic sewing ma
chine hecause it belonged to a St. Louis
machine company. Besides demanding
his money back, Frakes asks for $138
in wages, and $50 attorney's fees.
Sues for $518 Millinery Bill.
I. Lowengart, of Lowengart & Co., is
suing Florence Evans to recover a bal-.
anco of $618.91, alleged to be due on a
millinery bill. The complaint was filed
in the Circuit Court.
LINCOLN SECTION OF
THE SUNDAY OREGONIAN
IN THE ISSUE FOR FEB. 7 THE MAGAZINE SECTION OF THE
SUNDAY OREGONIAN WILL BE DEVOTED MAINLY TO
ABRAHAM LINCOLN
i
It will contain a large variety of matter relating to his
youth, his public services, his incomparable personality and
his death. ;
All the articles will be copiously illustrated by reproductions
of rare photographs.
This section will appeal no less to the rising than to the
passing generation. It will well be worth preserving.
As the large, edition of The Sunday. Oregonian is frequently
exhausted before noon, orders should be placed with news
dealers at once. .
GRAND JURY VENIRE IS DRAWN
Will Convene February 15 and Hear
.Important Cases.
The spring term of the Federal Court
will start February 15 and yesterday
morning tho names of 41 veniremen, from
which the Grand Jury will be made up,
were drawn before Judge Charles E. Wol
verton. Practically all of the cases on
the calendar will have been tried by the
time that the Grand Jury has been sworn
in. During the term of court which Is
now drawing to a close, cases have been
disposed of that had been dragging along
for many years. One in particular, that
of Reise vs. Kahm, was over 17 years
old.
The Grand Jury, while It will not con
sider as many cases of Importance as
have Federal Grand Juries In the past
two years, will consider a number of im
portant matters. There are a few land
fraud cases to be investigated and a
number of fencing cases that will come
up. The most Important fence case is
that against William Hanley, charged
with having fenced many thousand acres
of Government land in Eastern Oregon.
The Grand Jury will also have tne J. W.
Scriber forgery case, laid before It.
Sc.riber was president of the Farmers &
Traders' National Bank at La Grande.
C. K. Von Neida, who conducted a fake
apron scheme and who is alleged to have
defrauded hundreds of women, will also
be investigated. Von Neida is at liberty
at present, having furnished a cash bond
of $500. In addition to those cases, there
are 21 others that United States Attorney
McCourt will lay before the Grand Jury.
The list Includes the following named
persons and tne charges against them:
J. W. Scrlbor. two counts, forgery; Charms
A. Strausse, emliezslemont ; John Gllcrist, K.
B. Hill, William Hunley. Ralph O. Smith,
Elijah W. Oliver. Rtiy T. Oliver. Illegal
irnrHiff of Government land: Charles A.
Patterson, false affidavit in securing pat
em; Edward and Harry Newton, counter
feiting; Armond Ferrut et nl, harboring
alien women (.two counts); 1'url Logsden
(two counts), murder on Indian reserva
tion; C. K. Von Neida. usln?r mulls to do
fraud: Kenjl Sakama, liarborlnK alien wom
an; John K. KiRby. robbing postofflc at
Woodstook; Thomas Perkins, robbing
subpostorfiee In Portland: J.- J. Vajr. alias
W. B. Price. Impersonating ITlllted States
officer; Frank JenninK. Impersonating
United States offl'jer: William Harrklay.
murder on Indian reservation; Frank Fuller.
William Johnson. N. Thoms. violation of
reservation regulations; C. A. Johns, alms
Calvin Jordan, robbing postoffice at Mon
mouth; Oeorge Cox, Oscar Wood, James
White, introducing liquor on Indian es, r
valions. The list from which the Grand Jury Is
to be drawn Is as follows:
Oliver Anderson. Clatskanie; John F.
Allison. Amity. R. F. V. No 1; Granville
M. Allen. Amity; E.- R. Apnlegute. Drain;
H. Add-on. Loralne; Frank S. Aiken,
Portland; William Ballls, Portland: Oliver
J. Brown. Portland; J. II. llllger. Portland:
Levi KerkHhtre, Greenleaf; Joseph M. Bar- ,
rett, Portland; A. J. Capron. Portland; V.
M. Cheshire, Grants Pass; M. F. Dawson.
Albanv, K. F. D. No. 1; Orio Eggleston,
Portland: C. D. Edwards. St. John; A H.
From, Lebanon; Jrlin Fraser, Richland;
George W. Gordon. Portland: E. M. Grimes
Seaside; Joseph Holnday. Deer Island; F.
D. Height. Albany. II. F. I). No. 2: T. O.
Henderson, MeMlnnville; James W. Holmes,
Portland; Vt". G Hunter, island City; II C.
Hayes. Sherwood; John Kirk, St. Paul; E.
W. Kuvkendall. Wolf Creek; Samuel Knr
atll. Hillsboro. No. 4: W. W. Lewis, DIMey:
i,i-i Molars. Hillsdale: S. H. Moore, Cor-
vallis; James McGowan, Beavertou; Samuel
Phillips, Salem; V. T. Itlchas. Turner;
t'harles Rice. Woodstock; George Ryella,
Montavilla; Dennis Sullivan. Lafayette; I.
M. Simpson, Stiver; Gardiner Whipple,
(Janby.
Sues Because of Unlawful Search.
Mrs. S. B. Adams, proprietor of .the
King Hill Kennels and a well-known
business woman of Portland, has filed a
complaint against H. J. Ottenhoimer, F.
W. Tobin and Officer W. F. Teevin and
asks for $7000 damages which she alleges
was caused by an unlawful search of her
premises on Deoember 9 last by the de
fendants. Mrs. Adams was at that time
falsely accused of harboring a stolen dog
In her kennels but the search revealed
the fact that no such dog had ever been
received in her kennels. She also asks
for special damages caused by the
abusive treatment of her by the officer
while making the unlawful search and
for damages to her business resulting
from the publication of the false accusa
tion. Kind Will of James Handley.
Although It was first thought that $600
left by James Handley would go to his
relatives, a will has now been found,
giving the entire amount to his friends
and to Catholic Institutions. Handley
died December 12, and T. J. Crmcannon
nnnAfnta O H Ml I Tl I lt Vtt t (If. When tlld
will was filed In the County Court yes
terday morning, cimnes u iur-j
n.ui, if n notlfinn tlmt he be anoolnted
executor, he being named in the will. The
bequests are as follows Father Domlnlck
Faber, $.'5; Charles O'Riley, $20; Sisters
of tha Precious Blood, $10; hendtitone of
Handley's grave, $50; balance to Sisters
of Mercy.
Disagree In Damage Suit,
The Jury In Judge Morrow's department
of the Circuit Court, which has been try
ing the suit of M. R. Holbrook against
the Oregon Furniture Company, disagreed
lato yesterday afternoon. Holbrook, a 15-year-old
boy, demanded $7ijo0 damages
from the furniture company on account
of an accident in which he lost a portion
of his left hand.
Aid Asked for Malheur Project.
Support of Western Oregon of the ir
rigation project that Is intended to de
velop Malheur County is asked in a let
ter received at the Portland Commercial
Club from D. R. Houston, secretary of
the Commercial Club of Nyssa, Or. Mr.
Houston points out the advantages that
will accrue not only to his section of
tho 6tato but to Oregon as a whole and
particularly Portland by the completion
of the Malheur government Irrigation
project, which will cover about 2W.O0O
acres of land tributary to the Malheur
and Owyhee rivers. The Nyssa organiza
tion asks for no definite help from the
club but is anxious to havo the arid
lands reclaimed through the Government
Reclamation Service and writes with the
view of Informing the local organization
on tho needs of that section.