THE MORNING OREGONIAN, FRIDAY, SEPTEMBER 17, 1909.
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PORTLAND. 1RIDAT. SEIT. 17. 1909.
THE PRS1DEXTS BrKAKIXO TOIH.
President Taft Is subjecting himself
to a severe test. On his tour of twelve
thousand miles he Trill make many
speeches. Delivery of these speeches
will require both general and local
knowledge, self-possession, abundant
resources, and the dignity that be
comes his position. At each place, and
An each occasion, the speech must be
new. For the speeches will be re
ported, and printed day by day, far
and wide; and the speaker will desire
to avoid repetition. The people think
the President ought to be. In Bacon's
phrase, "a full man" and ,"a ready
man." Moreover, he must touch at
one time and another on gTave and
Important subjects. His utterances,
therefore, will be closely scanned and
often subjected to criticism. A speak
ing tour for a President is no easy
task.
The most remarkable series of
speeches ever delivered by a President
of the United States was spoken by
President Benjamin Harrison, during
his long tour of the country In the
year 1891. On that Journey he de
livered more than two . hundred
speeches, every one of which was
appropriate, neat and direct. Though
none of them could be placed in the
class of great oratory or eloquence,
all of them stood admirably the test
of criticism. They were greatly var
ied, and each one was fitted to its oc
casion. It was astonishing how well
every speech was adapted to time and
place and audience. Nor were they
humdrum speeches, culled from guide
books and encyclopedias. Dryasdust
had no part In their preparation. Crit
ics of Mr. Cleveland used to say that
his speeches, on his travels, savored
of the cyclopedia. Possibly some of
them did. But Cleveland never made
foolish speeches though sometimes
they were dull. Harrison's never
were. But Harrison was least popu
lar of able men. Never was so good a
speaker so devoid of the common ele
ments of popularity.
Roosevelt's speeches were rough
alike In conception, manner and de
livery. He was a vigorous talker, but
not an orator at all. But his brusque
ness. even his violence, won him Im
mense popularity, as the like qualities
won immense popularity for Jackson.
But Jackson avoided calls to speak
openly to the public. Jefferson held
Jackson In great contempt. When the
rising hero was first proposed for the
Presidency, Jefferson wrote that there
were one hundred men In his own
county of Virginia (Albemarle) fitter
for the position; and added that he
(Jefferson) had heard Jackson at
tempt to speak but once, and then he
was so overcome by his own violence
that he could utter scarcely a word.
Taft is a fairly good speaker. He
has a full mind and an agreeable de
livery. He has no pet phrases, never
Is denunciatory, never attempts ora
torical flights. He has some humor,
much kindliness, and establishes good
feeling between himself and his aud
ience. How far he will attempt to
define or to explain policies for his
Administration, we shall see soon. He
Intimated In Its Introductory speech
at Washington that he withheld for a
time some things he meant to say be
fore he should finish his tour. Pos
sibly he intends to indicate the var
ious grounds of his well-known dis
satisfaction with features of the new
tariff, and to speak on necessity of
conservation of the water powers and
other natural resources of the country.
Of the development of transportation
on the rivers he will speak on his
way from St. Louis to New Orleans.
This would be a most Interesting topic
here, also; should he see fit to Intro
duce It here. River transportation
in the Valley of the Columbia is a
topic of as much relative Importance
as in the Valley of the Mississippi. It
must be part of the development of
these Pacific Northwest States.
THE ARCTIC RIVALS.
It seems probable that both Cook
and Peary reached the Pole. But
Peary challenges Cook's claim.' The
case must be decided on the evidence.
Peary was a year behind Cook. There
are charges and countercharges and
recriminations, between them. Cook
accuses Peary of appropriating his
supplies. That at least is the report;
and Peary accuses Cook of tampering
wlr and making use of the Escjulmos
he himself had trained; while yet these
same people are said to bear witness
that Cook did not reach the Pole.
All this raises a body of questions
that must be decided on the facts
If, the facta can be found. So far as
the world has been Informed, both
men, taking advantage of the modern
knowledge of the eastward drift of
Ice, took a more westerly course than
hitherto had been pursued, and so
had the advantage of the Ice current.
This course 'was open to one as to the
other. Nobody has a patent on it.
Cook could not "steal'' Peary's route;
nor Is he to be blamed for his use of
modern knowledge. Both started from
northermost point of rendezvous In
Winter, so as to have time to croes
the lee and return before the Ice" pack
should break up. The knowledge that
this course was necessary could not
be monopolized by Peary- Has he a
right to assert Qiat Cook improperly
took advantage of It?
Peary's challenge of Cook's claim
will be a matter of evidence, to be de
cided when all the facts are known.
If Cook could get to trie Pole a year
in advance of Peary, he had a right
to do so. The only question Is whether
he did or not. The evidence must
be sifted by those competent to pass
upon It. There Is much public feel
ing against Peary because of his ap
parent Jealousy towards a man who
has presumed to compete for an
honor which he claims as his own. and
who stole the march of a year on his
own slower movements. With Peary
in this attitude the- world will not
svmpathlze. But the mind of the
world will be open to the facts; and
on the presentation It will be decided
whether Cook was at the Pole before
Peary, or not .
Ir.(UNK OF TKK Bl'NCO GAME.
Governor Hughes, of New York, is
quoted in favor of the primary law.
Justlv. Governor Hughes upholds the
principle of the.primary law. So does
The Oregonian. The Hughes plan is
precisely what The Oregonian con
tends for namely, representation of
political parties in the primary,
through the party's selected and ac
credited representatives. It is the
one only way and the proper way to
get rid of the swarm of self-nominated
candidates, few of whom are fit. and
whose continuous insistence would
wreck any party
What is wanted Is elimination of
the pcwtsiblllty of a minority faction
securing the nominations for the lead
ing offices, with the help of the op
posite party, whose members, then
turn about and support the candi
dates of their own party in the elec
tion. This game has been played in Ore
gon Just about as long as it will be
permitted. In the action of the Re
publican party there, is to be some
thing like straightforward business,
under representative rule, which alone
is the basis of the Republican system;
or, we shall have straightforward
Democratic party action and rule on
the like basis; and then In either case
we shall know what we are about.
Candidates are to be nominated for
the primary Republican candidates.
They may be beaten. Then, very
well. But this contest Is k be fought
out. Just as in the days of the silver
craze, the Republican party Is to be
forced now to stand for something or
die. And why shouldn't it be slaugh
tered If It stands for nothing If men
like Bourne and Chamberlain are to
be the products of Juggles in its
name? Honest men can stand the as
cendency of the Democratic party,
but no hybridlty. This bunco game
has run Its course In Oregon.
THE END OF THE DCMMY DIRECTOR.
A recent decision of the New York
Supreme Court In a suit against the
directors of the defunct Trust Com
pany of the Republic, Interests every
body who has money on deposit In a
bank or who owns shares In a fiduciary
Institution. This particular trust com
pany made heavy loans to the Ship
building Trust, a badly watered affair
which soon perished. The trust com
pany perished with it. The loans were
lost, the depositors robbed and the
stockholders ruined. One of the
stockholders of the trust company
then sued the directors to recover his
loss The New York court holds that
the directors are liable. The lan
guage of the decision points out un
mistakably that It is the duty of di
rectors to know what the officers they
emplov are doing at all times. It is
not sufficient for them to engage a
competent cashier and then leave the
business in his hands. Tliey must di
rect the transactions. If they fall to
direct, their responsibility Is precisely
the same as if they had done their
duty. This excellent decision appar
ently brings the dummy director's
career to an end In New York. He
can no longer enjoy the honors and
emoluments of the position and shirk
Its responsibility.
New York's banking laws are a
great deal better than those of some
other states. Perhaps this decision
would not hold in Oregon, but if not
there is a defect in our statutes which
needs remedy. The affairs of the de
funct Oregon Trust and Savings Bank
furnish a text for an eloquent sermon
along this line. By the New York
decision, the directors of this plun
dered bank, though pleading ignorance
of the transactions by which great
sums of trusting depositors' money
were diverted to schemes of private
speculation and rake-off, and therein
sunk, would be liable to the extent f
the private fortunes which they have
been so carefully guarding against
the Just claims of depositors. It
needs a court order to establish this
Just principle in Oregon banking fi
nance. It has. been established already
in the public conscience, and on one
notable occasion In Portland has been
observed. Nothing could be more
salutary In all kinds of fiduciary busi
ness than Incessant vigilance on the
part of directors. Their supine docility
i- i -1. inaiinnfA comDanies. . trust
III utiun, - -
companies, has been scandalous. It
has encouraged an sons oi bucu,
dealing by officials to the detriment
of those whose money they handled.
The directors of the Trust Company
of the Republic must pay for their
indolent confidence In a reckless
cashier and president to the tune of
$350,000. One may predict pretty
confidently that if they are directors
in any other company hereafter they
will attend to business.
Decisions like this of the New York
court will do more than mere legisla
tion can to restore commercial hon
esty. .Of course, a law which excuses
slipshod directors ought to be changed,
but where a Judge has a free hand
it lies with him to make dishonesty
either profitable or unprofitable. If
ha makes it unprofitable it will cease.
Every particle of evidence that courts
are forsaking the devious paths of
evasion and sophistry and returning
to the clear precepts of old-fashioned
morals is encouraging. If they would
do It everywhere and always we
should not care much -whether we
had any new legislation or not for a
decade or two. Laws are a blessing
only when they are applied In a spirit
of thorough-going morality.
MRS. HARR1MAN. POLE LEGATEE.
A biographer of Mr. Harrlman has
said: "Edward H. Harrlman married
early and well." Of the truth of the
declaration that he "married well,"
the man of millions himself evidently
entertained no doubt, since dying he
left his widow all of his Immense
wealth, solely and without restriction.
He did not even think it necessary,
though doubtless - this would have
been wise, to make any suggestion to
his sole legatee as to the management
of the vast property which he left.
He merely said that he "bequeathed It
to her forever."
Mr.' Harrlman was one of the most
sagacious of financiers. His Judgment,
in the manipulation of money, was
unquestioned. It may be observed,
however, in this connection that his
financial Instincts were possibly
biased by his affection for his wife.
The charge placed upon her can
hardly fail to prove a burden, which
as the years go on will weigh heavily
upon her. Of course she will have
the best legal advice to be obtained.
That she will safeguard, as far as pos
sible, the interests of her children
there is no doubt, and.lt Is possible,
and, indeed, probable, that having
been her husband's close and constant
companion during the many months
of, his declining health, there was a
clear understanding between them in
regard to his firfincial status, under
takings, expectations and wishes.
The difficulty of reaching out from
beyond the grave to control and di
rect the accumulations of life; the
impossibility. Indeed, of so doing be
yond the limit of a few years, may
have impressed Mr. Harrlman when
brought face to face with the fact
that the term of his activities was
nearing its final end. Circumstances
are so arbitrary in the shaping of
events that the man who essays mi
nutely to direct, for a long term of
years after his death, the disposal of
bis accumulations, attempts a task of
greater magnitude than that compre
hended In their acquirement. It is
not strange, therefore, when ap
proaching death, as did Mr. Harrl
man, through a long avenue of weak
ness and suffering, or as did Russell
Sage' through the long avenue of
years, that the futility of attempting
this task presented itself, and that
each found pleasure "and relief, as
many a man of lesser fortunes than
either has done, In the bestowal of all
upon his wife.
. VELX, rXDERSTOOD.
The Oregonian has criticised the
dilatoriness of the courts of the state
and their long vacations. A Salem
paper, one of the most contemptible
and worthless of a long, contemptible
and worthless lis, says: "Even losing
a case before the court (see Harlow
vs. The Oregonian) ought not to sub
ject the court to a slander In a public
newspaper." There is no slander.
But there ought to be and must be in
a state one newspaper, at least, strong
enough to assert independent opinion
and to maintain Independent and criti
cal Judgment.
The Oregonian knows that the
courts of the state feel they cannot
afford to do it Justice. A clamorous
electorate would crush the court.
Every Judge wants votes. Should a
Judge decide a case In favor of The
Oregonian he would be accused of
being afraid of it. Now The Ore
gonian, aware of this, never brings
suits at law. It Is unwilling to "em
barrass" the courts. When others sue
It, then It defends itself as well as it
can; but it never is disappointed when
courts rrle against It. By one and an
other The Oregonian has been swin
dled out of hundreds of thousands of
dollars, but never has brought a suit
in court, because It knows it cannot
expect a fair deal.
That seems to be the price The
Oregonian must pay for its pre-eminence
as a newspaper. It Is Indepen
dent and outspoken; It speaks of men
and measures without fear or favor;
but of course it antagonizes all de
scriptions of petty prejudice, awakens
all sorts of animosity. And yet It Uvea
and holds its place In the forefront of
journalism and has done so all these
years because everybody must read
It, and nobody can afford not to read
it. This is because its great objects
truth, fairness, Judgment and courage
never have been absent from its
direction and management.
"PSYCHOLOGY OF THE CROWD."
This is a subject which has been
receiving, during recent years, the at
tention of many observers and think
ers. Le Bon's book on the subject is
perhaps the best one that yet has
appeared. The crowd, or mob, under
excitement, or under Influences for
which Its members' cannot, as indi
viduals account, do the most irrational
and extreme things. A. B. Walkley,
before the Stage Censorship Commis
sion, In London, recently made a short
and clear statement about collective
psychology, or the psychology of
crowds; which, hwever, appears to add
nothing to Le Bon's analytical and de
scriptive statement. Briefly, the phe
nomenon is put in this way:
A crowd, under the impulse that
moves it, is a new entity, differing in
mind and will from the individual who
compose it. Its intellectual pitch is
lowered, its emotional pitch raised.
It takes on something of the charac
teristics 'of a hypnotized "subject."
It tends to be irrational, excitable,
lacking in self-control. Many-Frenchmen
under the Terror, gentle and hu
mane as individuals, made up crowds
guilty of horrible atrocities. Ques
tioned afterwards they could not ac
count for their actions. Some inex
plicable change had taken place Jji
them, and that inexplicable some
thing was the peculiar influence of the
crowd.
Mr. Walkely said, further, that a
theatrical audience may have "the
psychology of the crowd." An offen
sive play performed before it has an
entirely different erfect from that
which the play would have, if read
separately and privately by each in
dividual. The crowd Is the real con
trolling factor in the matter. Men or
women in crowd, will applaud or
hiss, when, singly, they would do pre
cisely the opposite. It is one of the
most singular branches of "psy
chology." ' ' .
THE "FEW AND THE INITIATIVE.
Multnomah County Pomona Grange
last Wednesday took up the cudgel,
apparently, against reform of ini
tiative and referendum abuses. Its
resolutions said:
We especially desire to call your attention
to the systematic effort of certain political
leaders to bias and prejudice tha minds of
newcomers among us. againft the initiative
and referendum law. '
It is very apparent that the struggle, from
a political point of view, between the masses
of the people of the Stats of Oregon and
the few who have, prior f the enactment
of the Initiative and referendum law, very
largely dictated the policies of the state.
Is to be continuous for many years to come,
and our duty demands that we ever keep
before the p'eople of the atate the necessity
of carefully scrutinizing each and every
political move made .or suggested by the
opponents of the Initiative, against this or
any measure which In any way gives to the
people the power to hold In check the selfish
Interests which are evidently combined and
working for the overthrow at the earilest
possible date of the Initiative and refer
, endum law.
The good people of the Grange, as
revealed by these resolutions, mis
state the "few" and the "people."
There are numerous political fad fac
tions in Oregon which, every election,
try to force their notions on the peo
ple by the initiative and referendum.
Each of these factions Is minority,
a "few." They all boost the Initiative
and referendum because it gives them
their only access to legislation. They
have proved themselves pestiferous an
noyances to the people of the state,
disturbers of the political peace and
breeders of political strife. Single
Taxers. Prohibitionists, Woman Suf
fragists, advocates of proportional
representation, foes -of the State Uni
versity and minority groups of nu
merous fancies and political fads have
attacked the well-being of the state
with their measures and forced them
on the unwilling attention of the elec
torate. Even the putative "father"
of the Initiative and referendum,
TJ'Ren, has perceived the ' need of
checking these abuses and has pro
posed in his new scheme a radical
change in the use. of the nostrums. -
So that the few are not fighting the
Initiative and- referendum, but sup
porting it. The "few" groups, bosses,
are not ellnflnated by direct leg
islation, nor its chief product, wide
open primaries in Oregon, nor in any
other direct primary state. Emanci
pation from bosses has. been accom
plished most signally in states that do
not have direct legislation, norfdirect
primaries. "Selfish interests" thrive
under these two systems, and the peo
ple have less power to hold them In
subjection. Only by the most strenu
ous efforts have the people of Ore
gon those of Portland went through
a severe tussle last election with
nearly forty initiative measures been
able to keep the few In check. ,
The good people of the Grange can
not be ignorant of these things. They
ought to know them, because one of
their groups made up the few that
once attempted to dismantle the
State University by means .. of the
initiative and referendum.
There is just as much smoke over
Oregon now as there was in days
when there were no forest rangers.
You can't see a distance of one thou
sand" feet now any better than you
could before the vast array of "rang
ers" ever was heard of. The more of
ficials the more forest fires and the
more smoke. The more dairy inspect
ors the louder the howl about bad
milk; the more judges for the courts
the more demurrers and' vacations and
Inattention to business. The principal
occupation of the Increasing swarm of
officials is to take vacations and draw
the salaries.
The Oregonian notes that In certain
quarters it is blamed because the Cen
sus bureau has not allowed a greater
number of enumerators for Oregon.
The complaint continues that the ef
forts of the state's delegation in Con
gress are often thwarted, as in this
case, by The Oregonian. Wouldn't
that jar your epistemology ? And
with two such Senators as Oregon has,
representing as The Oregonian is de
risively reminded the pride and
power at the state! .
Forester Pinchot is not In office
merely because he wants office. He
is a theorist or enthusiast, in his par
ticular line, unable and unwilling to
accommodate himself to ideas other
than his own. He is supposed to be
the center of the opposition to Sec
retary Balllnger. Approval of Bal
linger, against the Insinuations from
many sides, it would seem, must re
sult in retirement of Pinchot.
Now for the South Pole. Lieu
tenant Peary, satisfied with his
achievement in the Far North, will
start for the Antarctic Zone as soon
as he can induce someone to finance
an expedition for that purpose. Dr.
Cook has not yet been heard from on
this point.
Louis F. Glavls is the man who
seems to have been put . forward as
principal in the -attacks on Secretary
Ballinger. But there was a manager
behind the arras, directing the scene
shifter. And many assistants. We
shall see further.
Not referring especially, of course,
to the conference in session there, the
Cottage Grove Leader plaintively asks:
"Will there be enough fancy poultry
left to hold the second annual poultry
show this Winter?" i
A Curry County man, 78 years old,
married a maiden of 16 a few days
ago. This is his fourth venture and
marks his recovery from color blind
ness. The others were Indians.
The cider and vinegar concern at
Hood River says it Is getting stock
from Mosler and White Salmon "this
year." The local product is too aristo
cratic for such base uses.
Very well, let us- also honor
Matthew Henson, negro, who rallied
round the flag, boys, at the North
Pole. We don't draw the color line
on brave explorers.
While mere man has been breaking
all sorts of records this year; it should
not be forgotten that Halley's comet is.
now doing a speed stunt of 4,000,000
miles a day.
"The fact," says the Chicago Jour
nal, "that Peary has spent half a
lifetime and several fortunes in polar
exploration gives him no mortgage on
the Pole." -
Merely to show that Portland plays
no favorites, let the town give as
hearty support to its own fair next
week as it gave to that at Salem this
week.
That was a severe Jolt a Multnomah
County jury gave the "unwritten law"
in the DIckerson murder case. Fash
ions change in the Fall of the year.
Portland did its duty by the State
Fair yesterday and incidentally got a
lot of pleasure out of it. The rally in
honor of Portland day was great.
The American Bankers' Association,
in convention assembled. Is without
the wise counsel of Cooper Morris and
J. Thorburn Ross.
No voice will be heard among sheep
and cattle men protesting against a
National reserve on the west slope of
Mount Hood.
Peary's companion, who was a col
ored man, probably put stripes on the
Pole with the legend: "You're next!"
At 22 cents a pound. It appears that
the meek and lowly Oregon hops are
coming into their own about now.
One stockyard suchkas was opened
in Portland this week is worth more
than a hundred stock exchanges.
1 ' The ride by trolley car to Salem
was a leading attraction . to many
Portland people yesterday.
President ' Taft's letter to Mr. Bal
linger will hold Mr. Pinchot for a
while.
I
Mr. Harrlman paid a fine tribute to
his wife. -
Balllnger got one "snake," anyway.
Taft Says He Is
President Declares in Chicago Speech Organization Is Help to Labor, -snd Will Recommend Injunction Legis
lation to, Congress.
CHICAGO, Sept. 16. A strong defense
of labor's right to organize in a. law
ful manner was the feature of an ad
drees by President Taft in Orchestra Hall
here tonight. The President also said he
would recommend to the Congress the
legislation on the Injunction as promised
by the Republican platform.
President Taft devoted, the second
part of his address to the courts. He
declared no question before the Amer
ican people was more important than
the improvement of the administration
of Justice. He said he would recom
mend to Congress the appointment of a
commission to take up the question of
law's delays in the Federal courts, and
he hoped the report of this commis
sion would serve as a guide to the
states in effecting remedial legisla
tion. He insisted that the rights of the non
union laborer be fully protected, saying
nobody should be allowed to force him
into unions.
Busy Day Before Speech.
Mr. Taft's address was the principal
event of his visit to this city. Before
speaking, he rode through the South
Park system and reviewed 150,000 school
children assembled to do him honor, took
luncheon with the Commercial Club and
attenrV--r! a ball game in which the New
York Nationals defeated Chlcaso. Mr.
Taft's- address follows:
Spoke Year Before.
It is Just about a year ago tonight that
I made a speech In this hall to some 1800
members of the railroad labor organisations,
in which I attempted to convince them
there was nothing in my decision as a Cir
cuit Judge in labor Injunction case which
ought to make them vote against me for
the presidency. That was a critical time Hn
the campaign. It was a critical question and
as I review that whole controversy there
was hardly another speech In my campaign
of greater Importance to me than that one,
and In view of Ahe result of the election I
look back upon it now with especial lnter
eat. Had to Deifend Decisions.
Tou will remember, perhaps, that the head
of the Federation of Labor, who had de
clared for my opponent, was anxious to
carry the whole union labor vote against
me and a the ground for his action was
my decision ai a Judffe, I was put under
the burden which I think no other candi
date for the Presidency ever had to bear,
of explaining and defending In a political
contest the decisions which I had made as
Judge upon the bench. It waa assumed by
many, who thought . themselves familiar
with the situation, that I would lose a large
part of the labor vote which had hereto
fore been evenly divided between the Re
publicans and the Democrats.
labor Does Own Thinking.
The result showed this assumption was
Incorrect, and that laboring men union
labor as well a nonunion labor men
thought for themselves, voted according to
their own Judgment and declined to be de
livered as a body to one party or the other.
On the whole. I do not think I suffered
materially from the loss of labor votes. In
the discussions I asserted that I waa as
much interested as anyone in maintaining
the cause of labor when labor, organized or
unorganized, by proper methods sought to
better Its condition by legislation or other-
Will Keep His Promises. -I
said I expected to recommend to Con
gress, if I were elected, that interstate
railroads be required to adopt any additional
devices found useful for the purpose of saving
loss of life or limb of employes engaged
In the dangerous business of railroading. I
also said I favored the adoption of legis
lation looking to a proper definition of the
cases in which preliminary injunctions
might Issue without notice and defining the
procedure in such matters. Now that the
election haa come and gone. I want to take
this opportunity of saying that I have not
forgotten my own promises or those of the
platform and I propose in the next sess on
of Congress to recommend the legislation
of the subject of injunction which . was
promised In the Republican platform and
to see whether by such legislation It Is not
possible to avoid even a few cases of abuses
that can be cited against the Federal Courts
In the exercise of their Jurisdiction.
Organization Is Good.
I do not think trade unionism was greatly
aided by the attempt to drag organized labor
into polities, and to induce 4t to vote one
way, but that doe not prevent my placing
a proper osimate upon the Immense good
for labor In general which Its organization
and its efforts to secure higher wages have
accomplished. I know there is an element
among employers and investors which Is ut
terly opposed to tha organization or labor.
I cannot sympathize with this element In
the slightest degree.
I think It Is a wise course for laborer to
unite to defend their Interests. It is a
wise courBe for them to provide a fund by
which, should occasion arise, and strikes or
lockouts follow, those who lose their places
may be supported pending an adjustment of
the difficulties. I think the employers who
decline to deal with -organized labor and to
recognise It as a proper element in the set
tlement of wage controversies are behind
the times.
Unions Raise Wages.
There I not the slightest doubt that if
labor had remained unorganized, wages
would be very much lower. It is true that
in the end they would probably be fixed by
the law of supply and demandt but generally
before this law manifest Itself there Is a
period in which labor, if organized, and act
ing together, can compel the employer
promptly to tecognize the change of condi
tions and advance wages to meet a rising
market and an increase in profits, and, on
the other hand, can delay the too quick Im
pulse of the employer facing a less prosper
ous future to economize by reducing wages.
There is a higher standard of living
ambng American laborers than In any coun
try In the world, and, while there doubtless
have been ft good many other reasons for
this, certainly the effect of the organiza
tion of labor -has been to maintain a steady
and high rate of wages, making such a
standard of living possible.
Non-Union Men Have Rights.
Nothing I have said or shall say should
be construed Into an attitude of criticism
against or unfriendly to the workingmen
who for any reason do not Join unions.
Their right to labor for such wages as they
choose to accept Is sound, and any lawless
invasion of that right cannot be too severely
condemned. All advantages of trade union
Ism great as they are. cannot weigh a
feather in the scale against the right of any
man. lawfully seeking employment to work
for whom and at what price he will. And
I say this with all the emphasis possible,
even though, were I a worklngman, I should
probably deem it wise to Join. a union for
the reasons given.
The effect of organized labor upon such
abuses as the employment of child labor,
the exposure of laborers to undue risk in
dangerous employments, the continuance of
unjust rules of law exempting employers,
from liability for accidents to laborers, has
been direct. Immediate and useful, and such
reforms In these matters as have taken
place would probably be long delayed but for
the energetic agitation of the questions by
the representatives of organized labor.
Violence to Be Condemned.
Of course when organized labor permit
Itself to sympathize with violent methods,
with breaches of the law, with boycotts and
other methods of undue duress, it Is not en
titled to our sympathy. But It is not to be
expected that such organizations shall be
perfect, and that they may not at all time
and in particular case how defective ten
dencies that ought to be corrected.
One defect which has been pointed has
been the disposition of majority members
In labor unions to reduce the compensation
of all men engaged In a particular trade to
a dead level, and. to fail to recognize the
difference between the highly skilled and
very Industrious workman and the on
only less skilled and less industrious. I think
there Is a movement among trades unions
themselves to correct this leveling tendency,
and nothing could strengthen the movement
more than the adoption of some plan by
which there should remain among union
workmen the impetus and motive to be
found In greater reward for greater skill
and greater industry. -
Socialism Bad for Cnions.
There is one thing to be said in respect
to American trades unionism that its critics
are not generally alive to. In France the
trades unions are Intensely socialistic. In
deed, in some of the late difficulties it was
plain that thena was a strong anarchistic
feeling among them, and that they opposed
all authority of any kind. It is also plain
that the tendency toward socialism in Eng
land and England's trades unions Is grow
ing stronger. I need not point out the
deplorable results In this country If trade
unionism became a. synonym for socialism.
Thos? who are now In active control of the
Federation of Labor and all the great rail
road organizations have set their faces like
flint against this propaganda of socialistic
principles. They are in favor of the right
of property and of our present institutions
and of such remedial legislation as to put
workingmen on equality with their oppo
in Favor of Unionism If Orderly
nents in trade controversies and trade con
tracts, and to stamp out the monopoly and
the corporate abuses which are an out
growth of our present system unaccompa
nied by proper limitation.
Credit Due Conservatives.
I think all of us who favor the main
tenance of our present institutions should
recognize this battle which haa been carried
on by the conservative and influential mem
bers of trades unions and willingly give
credit to these men as the champions of a
cause which should command our sympathy,
respect and support. Our friends of the
great unions at times complain of our courts,
more, perhaps, because of the decisions In
Injunction cases than for, anything else. I
have already referred to thia particular
phase of negation in which they have an
Interest, but when the subject of courts 1
mentioned It suggests to me a larger field
for complaint and reform in which all citi
zens are Interested and have a right to be
heard.
There is no subject upon which I feel so
deeply as upon the necessity for reform in
the administration of both civil and crim
inal lawa. To sum it all up in one phrase,
the difficulty. In both is undue delay. It Is
not too much to say that the administration
oi criminal law in this country is a disgrace
to our civilization and that the prevalence
of crime and fraud, which here Is greatly
In excess of that in the European countries.
la due largely to the failure of the law and
It administrators to bring criminals to
Justice.
System of Courts Wrong-.
I am sure that this failure Is not due to
corruption of officials. It Is not due to their
negligence or laziness, although, of course,
there may be tooth In some cases; but it Is
chiefly due to the system against which it is
Impossible for an earnest prosecutor and an
efficient judge to struggle.
We Inherited our system of criminal
prosecutions and the constitutional provisions
for the protection of the accused in his
trial, from England and her laws. tVe in
herited from her the Jury trial. All these
limitation and the Jury system still re
main In England, but they have not Inter
fered with an effective prosecution of crim
inals and their punishment. There has not
been undue delay In English criminal
courta. In this country we have generally
altered the relation of the Judge to the
Jury.
English Way I Better.
In England the judge' controls the trial,
controls the lawyers, keep them to relevant
and proper argument, aid the Jury In its
consideration of the facts, not by direction
but by suggestion, and the lawyers in the
conduct of the cases are made to feel that
they have an obligation not only to their
clients, but also to the court, and to the
public at large, not to abuse their office In
such a way as unduly to lengthen the trial
and unduly direct the attention of the court
and the Jury away from the real facta at
Issue.
In this country there seems to have been
on the part of all state legislators ft fear of
the judge and not of the Jury and the power
which he exercises in the English courta has
by legislation been reduced from time to time
until now, and this Is especially true In West
ern States, where be has hardly more power
than the moderator In "a religious assembly.
Jury Has Too Much Power.
The tendency of legislation Is to throw the
relne on the back of the Jury and to let them
follow their own sweet will, Influenced by all
the arts cf counsel for the defendant In lead
ing them away from the real points at Issue,
and In awakening their emotions- of pity for
the defendant, in forgetfulness of the wrongs
of the prosecuting witness, or It may be of
the deceased, and of the right of society to
be protected against crime. All these de
fects are emphasized In the delays which, oc
cur In the trials delays made necessary be
cause trials-- take so great tune. A murder
case in England will be disposed of in a day
or two days that here will take three days
or a month, and no one can say. after an
examination of the record In England, that
the rights of the defendant have not been pre
served and that justice has, not been done.
Appeals Waste of Tune.
It Is true that In England they have en
larged the procedure" to the point of allowing
an appeal from a Judgment In a criminal case
to a court of appeals, but this appeal Is
usually taken and allowed only on a few
questions easily considered by the court above
and promptly, decide. Counsel was not per
mitted to mouse through the record to find
errors that In the trial seemed of llftle ac
count, but that are developed Into great In
justice In the court of appeal. This is an
other defect of our procedure.
No criminal Is content with a Judgment of
the court below, and well may he not be.
because the record of reversals Is so great
as to encourage appeal In every case and to
hand down Important Judgments In api el
late proceedings sometimes takes years.
I don't know when the reform are to ba
brought about In this country. Until our
people shall become fully aware and in soma
concrete way be made to ufter from the
escape of criminals from Jut Judgment, the
system may continue. One of the methods
by which It could ba remedied In ome de
gree Is to give Judges more power In the
trial of criminal cases and enable them to
aid the Jury In considering fact and to
exercise more control over the arguments
that counsel see fit to advance, .and espe
cially Judges who are elected ought not to
be mistrusted by the people. A judge hslds
a gieat office, and tho man who holds should
exercise great power and he ought to be
allowed to exercise that In a trial by Jury.
Advantage With Criminal.
Then it Is undoubtedly true that In Eng
land, lawyers In the conduct of their cases
feel much more and respect much more their
obligation to assist the court In administer
ing Justice and restrain themselves from
adopting desperate and extreme methods
for which American lawyers are even ap
plauded. The trial here Is ft game In which
the advantage is with the criminal and If
he wins, he seems to have the sympathy of
the public.
Trial by Jury, as It ha come to us through
the Constitution. Is the trial by Jury under
the English law, and under that law the
vagaries, the weakness, the timidities and
the Ignorance of Jurlea were to be neutral
ized by the presence In court of a. Judge to
whom they snould look for Instruction upon
the law and sound advice In respect to tho
facts, although, of course, with regard to
the facts their ultimate conclusion must be
their own and they were fully at liberty to
disregard the Judicial suggestion.
But reform in our criminal procedure 1
not the only reform we ought to .have In
our courts. On the civil side of the courts
there is undue delay and this always work
for the benefit of the men w-th the longest
purse. The employment of lawyers and the
payment of costs all become more expensive
as the litigation Is extended.
System Works Out Badly.
It used to be thought that a system
by which cases Involving small amounts
could be carried to the Supreme Court
through two or three courts of intermediate
appeal was a perfect system, because it
gave the poor man the same right to go to
the Supreme Court as a rich man.
Nothing is further from the truth. What
the poor man needs is a prompt decision of
his case and by limiting the appeals in cases
involving small amounts of money so that
there shall be a final decision in the lower
cruris, an opportunity is given to the poor
litigant to secure a Judgment in time to
enjoy It and not after he has exhausted all
his resources In litigation to the Supreme
Court. I am a lawyer and admire my pro
fession, but I must admit we have had too
many lawyers In legislating on legal pro
cedure and they have been prone to think
that litigants were made for the purpose of
furnishing, business to courts and lawyers
and not courts and lawyers for the benefit
of the people and litigants. More than thia.
I am bound to say that In the matter of
reducing the cost of litigation and. Indeed,
the time of it. Congress and the Federal
Courts have not set a good example. Prob
ably under the Constitution It is impossible
for the Federal Courts to unite suits at law
and the cases In equity in one form of
action, as has been done in the codes of the
states, but it certainly is possible to Intro
duce a simpler form of procedure, both in
suits in lavi. and suits in equity.
Equity Needs Reform.
This last form of procedure that is.
equity has been entirely In the control of
the courts, and especially the Supreme
Court, and yet In years no real reform has
taken place In that regard, and the pro
cedure is Just about as clumsy. Just about
as expensive. Just about as likely to produce
delay, as it was 30 or 40 years ago. The
fact that no reform has been instituted may
perhaps be due to the circumstances that
our Judges have been overloaded with work
in the Supreme Court, and thus opportunity
has not been seized for this reform. But
I conceive that the situation ia now ripe
for the appointment of a commission by
Congress to take up the question cf the law'
delays in the Federal courts and to report
a system which half not only secure quick
and cheap' Justice to the litigants In the Fed
eral courts, but shall offer a model to tha
legislators and courts of the states by the
use of which they can themselves institute
reforms.
Fee System Is Bad.
I would abolish altogether the system of
payment of court officers by fees. The fee
system may properly be continued for th
reimbursement of the public treasury by
litigants especially interested, but the fee
ought to be reduced to the lowest possible,
and the motive for Increasing the expense
of litigation that arise from payment of
the compensation out of fee to court offi
cers should be removed. I do not think the
delays In Justice are due to any niggardli
ness on the part of the publio in appropriat-,
jng money to meet the expense of admin
istration. The evil Hps deeper In the sys
tem which 1 have referred to only In a most
summary way.
Of all the questions before the Americas
people, I regard no one as more Important
than Improvement of the administration of
Justice. We must make it so the poor man
will have as- nearly as possible an equal op
portunity in litigating as the rich man, and
under present conditions, ashamed ft we
may be of it, thle la not the fact.
Praise for Chicago.
And now, my friends, I have subjected you
to a rather solemn discussion of a rather
solemn subject. I always like to visit Chi
cago, because It Is In a sense the center of
the. country. Much more than Boston Is It
the hub about which many people and many
Intef-eats revolve. In making up the per
sonnel of my Cabinet and my Administra
tion. I have been surprised to find how many
admirable men you have In your community,
and I must apologize for the drain which I
have made upon your resources by calling to
Washington and foreign countries at least
half a dozen of your most prominent and able
iltlzens. In doing so I had to ask them all
to make personal sacrifices In the matter of
compensation and to gather their reward
from disinterested deolie to serve the public
and a patriotic willingness to put their abili
ties at the disposition of the country.
Prosperous Era Here.
We are entering now upon an era of pros
perity which I hope will long be continued.
We have Just passed that tariff bill which
has ended, for the time, the disturbance of
business that always arises from the con
sideration and agitation over such a bill, and
there Is nothing now to prevent the applica
tion of all the capital and all the forces which
have been suspended for the last year and a
half or two years by a lack of confidence anfl
a waiting for such settlement, to the expan
sion In business and the further development
of the resources of this country.
But this prospect of prosperity must not
blind ue to the necessity for carrying out cer
tain great reforms advocated by Mr. Roose
velt and recommended In the Republican party
platform, which I believe are needed to pre
vent a return to the abuses which all men
recognize the evil of. In our previous business
methods and the management of our great
corporations. I expect to consider these
questions mors at length at another stage In
my Journey, as I do also the character of the
tariff bill which has been adopted and which
has been subjected to much criticism, but
tonight I feel that I have wearied you far
beyond any claim I have had to your attentions.
ASTORIA'S SUIT IS OPPOSED
Business Men Fear Effect on Future
Grain Rates.
The Portland Chamber of Commerce
will seek to intervene today in the Asto
ria grain rate hearing before Edgar P.
Clarke, of the Interstate Commerce Com
mission, who will sit In the case.
In this proceeding the Astoria Chamber
of Commerce is asking the Commission
to promulgate an order . requiring the
railroads to make the same rates to
Astoria on grain from points In Oregon,
Idaho and Washington that are now
granted to Portland.
While the object of Astoria is to secure
a division of the handling of export gralu.
Portland shippers and the Chamber of
Commerce of this city apparently take
the view that the prospect of such a di
vision Is so slight in the event the rate
is granted that it is not nearly so ma-
terial as the future- effect the proposed
rates would have on freight rates in gen
eral. It is the expectation that Portland, be
fore long, will ask for reduced rates to
this point on shipments from the grain
producing territory tributary to it. It
is contended that if the haul at the pres
ent rates is Increased 100 miles by giving
Astoria the game rates that Portland now ,
has, that factor will militate against the
proposed general reduction. This, it Is
expected, will be the principal point
raised by the Portland Chamber of Com
merce as lntervenor.
On account of the future bearing the
decision In the case may have on reduc
tions in grain rates, the case is looked
upon as one of great Importance to Port
land. By gaining the coveted rates
Astoria hopes to place Itself among the
ranks of the great grain-shipping ports
of the Coast. At present there are no
means in that city for the trans
shipment of grain. While it is admitted
that Astoria has the harbor facilities If
it had the docks and warehouses neces
sary, doubt is expressed as to the build
ing there on their own initiative of trans
shipping means by any of the large ex
porting firms that now have facilities in
Portland. With equal advantages In
grain rates, however, Astoria might se
cure the needed facilities by some form
of public enterprise, hut even then It Is
believed by persons in Portland who are
familiar with grain shipments that any
material division of the traffic would be
secured by Astoria.
Marseilles The hunt for ft Royal Bengal
tigress that escaped from a steamer Tues
day continued all night. The beast still
lurks on the waterfront.
In the Magazine
Section of the
Sunday
Oregonian
ROMANCE OF
DR. FREDERICK COOK
Arctic explorer's inheritance
of poverty; humble work by day
and hard 6tndy by night; win
ning of a profession; his love
story; ambition aroused by his
quarrel with Peary.
EDUCATIONAL CENTER OF
THE EDUCATIONAL WORLD
America has won it away from
Europe; our own Teachers' Col
lege is supplying the world with
teachers and professors.
SPORTSMAN'S PARADISE
IN THE DESCHUTES
Big game and small game in
abundance, and easy to get at.
LEAST KNOWN AND
BEST LOVED ACTRESS
Intimate, personal story' of
Maude Adams, who lives in nun
like simplicity, but opens her heart
to children.
WILBUR WRIGHT
INTERVIEWED BY TOGO
The Japanese Schoolboy does an
aerial stunt in order to secure a
talk with the aviator.
Order early from yonx neww
dealer.