NOVEMBER 1, 1900. PORTLAND. OREGON. Entered at Portland. Oregon. Foatofflce as Eecood-Clasa Matter. Subscription Rsteo Invariably In Advance. Ifl Mail.) Dally. Bandar Included, one year. . ?'5? Dally. Sunday Included, ilx months.... - Ial!y. Sunday included, three monthi... f Dally. Sunday Included, one month Dally, without Sunday, ene year Dally, without Sunday, ilx months Dally, without Sunday three months.... 1 j-" Daily, without Sunday, one month Weekly, one year Sunday, one year Eunday and weeklv. one year n Carrier. Daily. Sunday Included, one year.. 9.00 Daily. 6unday Included, one month How to Remit Send postofflce money order, express order or personal check On your local bank. Stamps coin or currency are at the sender's risk. Give postofflce ad ir. full, includinr county and state fostaKS Kates 10 to 14 pases. 1 cent: 16 to -s pages. . cents: 3' to -iu pa?s. . ecu.-. 4G to d' paces, a cents. Foreign postage doub.a rate. Eastern Basinrae Office Thj S. C. Beck- 1. 1. i ...... Ytrk. rooms 4- 50 Tribune building. Chicago, rooms 510-512 Tribune building. POKTLANB. MONDAY. NOVEMBER 1, 1909. THE SCFREME COCBT. The Unhappy Position Into Which Shyster Politician Hmtd Brought It. Opinions of lawyers in various parts of the state, supposed to be friendly to the recent legislative act that added two members to the Supreme Bench, in open violation of plain constitu tional limitation, as "veil as the opin ions of those supposed, for profes sional, personal or political reasons, to be friendly to the judges themselves, are solicited for support of this act and Its consequences. Briefs and opinions are asked for; and we are told it is now understood that "twenty or thirty such will be filed by the most prominent attorneys in the state, in the endeavor to keep Associate Justices Slater and King on the bench." Also, the information is of fered that the "bar is of' the opinion that for the good of litigation there should be five judges on the Supreme Bench in this state, and it is said that a majority of the bar is in favor of increasing the court to seven mem bers." We shall expect that many lawyers, solicited for their opinions, will take this opportunity to find favor with the intruding members of the court, and perhaps with the others. The ex pedient, indeed, is likely to be used to the utmost, to support the usurpation. Yet no number of opinions of this sort can change the facts at all, or reverse the opinion of the Supreme Court it self, delivered in the case of Cline vs. Greenwood, in iwhich limitation of the number of Justices to three was dis tinctly accepted as one of the bases of the opinion and affirmed as part of the fundamental law. The two additional Justices, King and Slater, are, of course, exceeding ly anxious to retain their seats, and it is currently reported are preparing briefs in their own behalf. This work may serve to prompt lawyers to ap proval, to acquiesce, or to add r pinions of their own. An array of favorable opinion is thus to be gathered, which it is hoped may overcome the validity of the plain constitutional mandate. All know how lawyers are inclined to act in cases of this sort, when some Judicial officer is involved who is ex ercising the prerogatives of" his po sition. The fact is, in such cases, their signatures, or even their own arguments, are not often an indication of their own actual views. The idea in this case is to give the brief the ap pearance of being the voluntary or spontaneous opinion of lawyers or friends of the court. In the interest of right judgment upon an import ant constitutional question, when in fact the names on the brief have been procured by personal requests, or by an insinuative style of solicitation, which many scarcely feel in position to deny. We shall not comment now on this business with the severity which its impropriety might well jus tify. It is enough for the present to make the statement. Whether the two supernumeraries "Rill insist in sitting in judgment on their own case we are not advised; but some of their supporters argue that they may do so. Here again the deci sion in the case of Cline vs. Greenwood is directly misrepresented. This opin ion was delivered by Justices Lord, Waldo and Watson. They had been elected by the people, in the regular way, in pursuance of law. They were not sitting in judgment in their own case, or in a case which depended on the validity of their own tenure of office. When the law was enacted which created the separate Supreme Court the Governor was authorized to appoint the three Justices, to hold till the ensuing elections. The Gov ernor (Thayer) appointed Kelly, Boise and Prim. In Cline vs. Greenwood the constitutionality of the appoint ments was attacked; on the ground that since the Justices had been ap pointed, not elected by the people, their position and tenure were without constitutional sanction. The direct question before the next judges (Lord. Waldo and Watson) was whether the appointment of their pre decessors was constitutional, or not. The act was upheld. The opinion re quired, however, examination of the constitutional provisions relating to the creation and status of the court, that the whole contention might be understood. This was Cline vs. Green wood, in 10th Oregon Reports. The Court, citing and reviewing the articles of the constitution, showed in plainest terms what their meaning was name ly, that when the population of the state should amount to two hundred thousand the higher judiciary of the state, consisting of circuit and su preme judges elected theretofore in a single class, might thereafter be elect ed In distinct classes, "one of which classes," in the language of the con stitution, "shall consist of three Jus tices of the Supreme Court who shall not perform circuit duty, and the other class shall consist of the neces sary number of circuit judges." The. whole .matter is absolutely plain and every dispute about it is based on dishonest quibble. When the Legislature took action under Section 10, Article VII, the preceding section (2 of the same article) was superseded, as the constitution itself intended It should be. So long as Section 2 was in force the judges were all elected in a single class; they acted both as dis trict and supreme Judges, and the number never was to- exceed seven. But when the Legislature (Sec. 10) should find that the population had reached two hundred thousand, it might provide for the election of the circuit and supreme judges "in dis tinct classes." Three were to be Jus tices of the Supreme Court; of cir cult Judges there might be as many as the Legislature should deem "the necessary number." Now both these sections of the constitution can not be in effect at once, since one of them was expressly intended, on a stated condition, to supersede the other. Moreover, they are irreconcil able, and employment of the second absolutely excludes the first. Observe that in Section two the word "districts" is used uniformly district judges who also were to act Section ten the words "circuit judges" and "supreme Judges" are used uni formly, to mark the distinct classes. Now it is perfectly impossible for this reason, as for all other rea sons - involved, to employ these two sections together. The first pro vided that there might be no more than seven district justices, who also (whether the number were four, five or seven) were to consti tute a supreme court. The second was to drop this system, and the judges were to be elected In distinct classes. One class of three was to constitute the separate supreme court: of cir cuit judges, called district judges no longer, there was no specific limita tion as to number, but previously there could be no more than seven, who were to perform both district and supreme court duties. It is impossible to make the sections operative to gether, nor were they intended so to operate. The word "seven" can't be picked out of Section two, which had become obsolete, and forced into Sec tion ten, which provides entirely new conditions, intended to supersede the former. If there may be seven su pteme judges, there can't be more than that number of judicial districts or district Judges, nd no circuit Judges- at all. We nrust use one sec tion of the constitution or the other. A have chosen to use the second one, which it was intended plainly, by the constitution iwe might do; but this limits the number of supreme judges to three." It would be extremely embarrassing to the Supreme Court to reverse Cline vs. Greenwood, for that Is what it would be obliged to do if it should wish to uphold the act under which King and Slater were appointed; But the case, from every point of view, is .embarrassing to the Court. . Reversal of Cline vs. Greenwood could not be effected without forced and false rea soning, which the whole people would detect and disapprove, and expulsion of the illegal judges from their seats would create various other kinds - f embarrassments. It's a mighty bad job, the way it stands. The fault lies with the LegisU-ture and with, a class of juggling politicians of the two par ties, who have defied both the consti tution itself and the repeated and most emphatic mandate of the people, in this miserable business. Chamberlain is more to be blamed for it than any other one man. He wanted to appoint two of his partisan favorites to the Supreme Bench, and made to the Leg islature a long, sophistical, chop-logic and rotten argument, in advocacy of the proposition. And all this has been done against the most emphatic and repeated pro tests of the people. It has been done, too, by those who are continually tell ing the people that they are their most earnest champions and faithful followers. They are the ones who in sist that the will of the people shall be obeyed; yet they go more directly against the will of the people than any others in Oregon ever have ''done. Look at the record. These politicians for years have been endeavoring to alter or violate the constitution, yet the people, as often as they have had a chance, have protested, not only against violation of the constitution, but have refused to change it, to meet th . demand of the politicians. Cham berlain, like Bourne and so many, many more, never could be anything more than an opportunist politician, attached to no sure or steady princi ple. Professing entire devotion to the will of the people, politicians of this sort constantly obstruct it to their own ends. Look, in particular, and attentively, at this incident'. Times innumerable, attempts have been made in the Legis lature to create a Supreme Court, in violation of the constitution. The ef fort has been made in one branch of the Legislature, then in another. Twice it has been referred directly to the people, to authorize the constitutional change. In those days the Legislature didn't presume to attempt the act without amendment of the constitu tion. The method of changing the constitution then was slow. But the proposition to authorize the increase of the members of the Supreme Court to five was finally brought to a vote In the election of the year. 1900. It was rejected by a' poll of 26,262 to 15,028. This settled the question for a time; but again, in 1907, the Legis lature submitted an amendment to authorize Increase of the number of Justices of the Supreme Court from three to five. This was beaten In the general election of 190S by a vote of 50.591 to 30,243. A few months later the Legislature, incited by a political gang led by Governor Chamberlain, boldly repudiated this second em phatic expression of the will of the people, and passed a bill for addi tion of two more members to the Su- prema Bench. Tet they who inspired this work and carried it through pre te" I to be the special friends and devotees of initiative and referendum, of direct primary nominations and of ths holy statement. They are the very men who override the will of the peo ple, while pretending to obey It! It has been a most unhappy thing to put the Supreme Court into a po sition against the oft-expressed will of the people, against its own judgments, r . against the claims made for two members of its own body, who have been obtruded upon it. Possibly some who by this illegal body have been deprived of rights assured to them b;- the Constitution of ths United States may find a way of ap peal to the Federal Courts. It will worth their attention. Ar.-ain, it r. -.-' be made, and probably will be made, a direct political Issue in Ore gon. It may be appealed to the peo ple. It ought to be. The Supreme Court of Oregon, as it now stands, is an unconstitutional and illegal tri bunal. In one way or another deliv erance must be had from such a sit uation. The easiest and most direct way is through appeal to the people of Oregon in the next elections. The first thing will be to make an issue against the advocates and supporters of the scheme, and to turn them down by emphatic vote. IMS ASTER IN STATE BANK GUARANTY A friend at Astoria sends to The Oregonian a letter from a New York investment concern, setting forth the present predicament of the Oklahoma state bank, through the operation of the Justly farous state bank guar anty law. The letter, printed else where. Is commended alike to advo cates and opponents of wild-cat bank ing schemes as a faithful statement of what ust Inevitably happen when bankers, stockholders, depositors and creditors of all, banking institutions are, without their desire or consent, joined together in a common plan whereby the safe banks are at the mercy of the unsound, reckless and insecure. , The largest bank in Oklahoma has failed. There is not enough money in the guaranty fund to pay the clam orous depositors. There is a special assessment. The guaranty tax, reg ular and extra, for this year, will amount to 4 per cent of the capital stock of all Oklahoma state banks. Of course there can be no profit In banking in Oklahoma with such a drain on bank resources and such lia bilities imposed and enforced by a foolish and unjust law. The end will come when the state banks become National banks, as they are doing in Oklahoma. These will soon be the only secure Oklahoma banks. The Oklahoma crisis is grave enough now. What would happen if another bank, or several other banks, should fail, it is not pleasant to con template. Yet that is the thing gen erally feared, and In such matters apprehension often brings about the reality. Meanwhile ' Oklahoma is awakening to the knowledge that the great bank guaranty scheme is a fail ure. It is worse; it is a- disaster. AS THE FOOL DIET1I. Willis Britt, aged 32, died in San Francisco Saturday. News dispatches say that "since the JKetchel-Johnson fight Britt had been drinking freely, and his excesses caused him to be re moved to the hospital, where in his weakened condition little could be done for him." It is also stated that, "although thousands of dollars passed through his hands, .Britt was a rapid spender and leaves a widow and child with practically no estate." Here seems to be one of those cases "as the fool dieth." Willis Britt was the son of a respectable plumber In San Francisco, and, receiving a very good education, found no difficulty in securing remunerative employment as a newspaper reporter. At that work ho was quite successful, and, had he continued with It, would undoubtedly today have been respected and re spectable -s a live citizen instead of a dead drunkard. "he prizefighting game lured Willis Britt away from the paths of respect ability. From a boxer and fighter him self he developed into a manager and matchmaker for prizefighters a posi tion on nearly the same social level as that of macquereau or procurer. It is, of course, impossible to deter mine what Willis Britt thought as he neared the end of the primrose path. Early evidence of his intelligence, however, makes it reasonable to pre sume that during his lucid intervals he must have felt a deep longing to return to the paths of decency from which he strayed in quest of some easier way of living than by hard work and hon est effort. It pays to be decent. It always has paid to be decent, and it will so continue to the end of the chapter. FARMERS ARE LEARNING. A representative body of Umatilla County farmers and business men met in Pendleton Saturday, and in a set of ringing resolutions denounced the attempt of the Seattle Merchant Ma rine League to induce the Government to withdraw foreign colliers from competition in the offshore trade out of Pacific Coast ports. The import ance of a meeting of this kind cannot be overestimated, indicating as it does that the producers of the country have at last gained a clear understanding of the effect that present restrictions have, and prospective restrictions will have, on the profits of the producers' work -In noting the presence of some of these foreign colliers. on the Pacific Coast the Seattle Railway and Marine News, under the caption "Will the Navy Department Keep Its Promise?" among other comment says that as a result of these colliers being here "rates for wheat from here (Seattle) to Great Britain have dropped from 32 shillings to 28s 6d for steamers, while sailing ships are begging at union rates." As a single one of these foreign col liers will carry to the European mar kets the product of more than 100 farms. It is easy to see that the interest of the Seattle Merchant Marine League is directed in behalf of the one owner as against the interests of the 100 farmers. Quite naturally, the Umatilla farmers object to this one-sided ar rangement, and it is also quite natural that they should not care a rap what flag 'flies over the ship that carries their wheat to market. What the Umatilla County farmers desire, and what all other producers in the United States are in need of, is not more re- strlctions on shipping, but, on the con trary, more ships and cheaper ships. It will be a sad day for the ship-subsidy hunters when the American peo ple learn all of the details of the ship ping problem. Perhaps the most pleasing feature of the Pendleton meeting was the an nounced conversion of Congressman Ellis, who has apparently abandoned the cause of the subsidy-hunters and taken up that of the producers. Had Mr. Ellis had proper consideration for the interests of his constituents when the subsidy bill was up at the last ses sion of Congress, he could have aided materially in giving that disgraceful measure its proper deserts. However, "while the light holds out to burn," etc. It is not too late for Mr. Ellis to go to the front at Washington, as he has done at Pendleton. If other consumers throughout the land follow the example of Umatilla County, other Congressmen may see the light, and in a short time we shall enjoy the ad vantages of owning ships which cost no more than those which are used by our trade competitors. Mr. Ellis has made a good beginning. PROSPERITY UNPARALLELED. There may be truth in that some what hackneyed axiom that there is no sentiment in business. There will be few Portlanders, or Oregonians out side of Portland, however, who will fall to experience and express a sen timent of pride in the remarkable commercial showing displayed in the October records. Building permits, bank clearings, coastwise and foreign shipping, and practically every other 'branch of Industry in this city estab lished new records for the month, re flecting a prosperity greater than we have ever known before. Our export ers sent foreign more than $2,000,000 worth of Oregon products to India, China, Japan, Europe and Central America. Our importers brought in cargoes from Europe, Australia, India, the Orient and from the Atlantic sea board, while rail shipments took Ore gon products into nearly every state and territory in the United States. The territory for which Portland is the commercial and financial center has this year turned out more high priced staples for which the whole world offers a market than In any pre vious twelve months In its history. Oregon fruit, hops, grain, lumber, live stock, dairy products and other sta ples are drawing money into the state from both the Old World and the new, and Its effect is apparent on every hand. That the people of all other communities in the state will feel a pardonable' pride in the wonderful showing made by Portland is a cer tainty, for the reason that Portland's prosperity is a reflection of" the pros perity of the country which has made Portland great. Immigration is pouring into the country in a volume never before ap proached, and there is not a city, town or village in the state that is not shar ing to a certain extent in the general prosperity now sweeping over the en tire Pacific Northwest. The city can never grow if the country Is at a stand still. The Portland man who is pleased with the showing made by this city has additional cause for gratification in the knowledge that similar condi tions prevail throughout the vast re gion which supports the city. BETTER OUTLOOK FOR FRESH EGGS. The attempt to interest the boys and girls of Multnomah County in -poultry raising is commendable. It will give intelligent, energetic children some thing to do in their spare time that is both useful and interesting and teach them the value of money by earning It. Beyond this the work, if successful, as it can hardly fail to be, will put stale eggs and half-starved poultry, shipped in so liberally at this season and later from cold storage In the Middle West and California, out of our local market. While even a large increase in the production of poultry and eggs would not mater ially decrease the prices of these prod ucts in this market during the three months beginning with November, it would insure a supply that could be relied upon as fresh and wholesome and hence well worth the price. The housekeepers of Portland are now paying 40 and 45 cents a dozen for eggs. Not infrequently two or three in every dozen are unfit to use, while there is seldom a really fresh egg in the lot. If is not the price of which complaint is made, though that is hlgj. enough, and will be much higher by Thanksgiving. It is the fact that monajy will not buy fresh eggs in this market for at least a quarter of every year.' Clearly, then, If the Portland Junior Poultry Asso ciation brings, through its efforts, re lief In this quarter, it will prove a most beneficial organization and a profitable one as well. OCR NEXT NEW RAILROAD. Completion of the North Bank Rail road, the fierce rivalry between the Hill and the Harriman forces for van tage in the Central Oregon field, and the steady increase of electric-line mileage in the territory adjacent to Portland, may have caused us tempor arily to lose sight of a highly Impor tant trade field that will be opened up next year. The road to Tillamook, for which Portland has been working for years, will be an accomplished fact next year, and, in anticipation of its early completion, a large number of nc .7 settlers are rushing into the coun try. The possibilities for trade in this new field, as yet scarcely touched, can be partly understood when it is stated that the value of the cheese output alone from the fifty-two factories in the county will this year exceed $500, 000, while other dairy products, fruit and fish will add as much more to the wealth of the county. For permanent value, the dairying and iricultural industries are propor tionately the most valuable assets of Tillamook County, but the traffic that will pour millions. Into Tillamook and the other coast regions to be tapped by the ttew road is that which will fol low exploitation of the timber re sources of the county. Tillamook County alone has 30,000,000,000 feet of merchantable timber. While this is being marketed employment will be given thousands of men who will there make homes and in time transform the wilderness into a garden. The Tillamook region is an ideal dairy country, but it has been demonstrated also, that fruit, vegetables and other farm products will all reach a high de gre of excellence. ' The showing that has been made by the county, ham pered as it has been by lack of trans portation facilities, assures a wonder ful development as soon as the rail rail ward J road shall be completed next year. With this big project well on tow completion, it is full time for a move tu be made on that other region of un developed richness Coos Bay. Port land can get along very well without any more transcontinental railroad lines at present, but every one of these feeders, like the line to Tillamook or the proposed . entral Oregon lines, will add thousands to the population of this city and more thousands to that of the rich territory which surrounds us. The Columbia Agricultural Com pany, wh'ch has reclaimed several thousand acres of tideland along the Lower Columbia "River, has begun plowing it, and will next year raise a crop of grain. When this land is thor oughly broken up and carefully cul tivated, a new district will be coming to the front with -"the largest yield on record" of almost any kind of crops except those which thrive best in a dry country. Some of the lands in Sicily are said to be so rich that 2000 years of continuous cultivation has failed to exhaust their productive properties. The wonderful tidelands of the Lower Columbia had been re ceiving nutriment from the waters of the Columbia River for many thou sand years before the first crop was planted in Sicily, and with any kind of care they will outlast the Sicilian lands. Oregon is a great country, and, irrespective of the temperance ques tion, the newcomer can engage in "dry" or "wet" farming. The Ieschutes Valley exhibit at the Dry Farming Congress at Billings, Mont., came off victorious with the largest silver cup and a number of other prizes. The light of that great valley has been hid under a bushel for so long that it may be yet a few months longer before the rest of the world will become very familiar with the Deschutes Valley. Time and a railroad will work wonders, however. and within a few years the exhibits of fruit and agricultural products from the Deschutes Valley, as Well as from other localities in Central Orec-n, will attract as much attention as those from older portions of 'the state. Some of the most fertile and best-advertised valleys in the Pacific Northwest would still be uninhabited if they had not been favored with railroad transporta tion. The Deschutes has been slow in getting under way, but is coming fast, now that it has started. Jackson, Ky., continues to disgrace the Bluegrass State, although the chief assassin and desperado, the late Judge Hargis, is no longer where he can commit murder or hire murderers. A dispatch says that the Courthouse at Jackson is in possession of armed Democrats, and that the situation has become so strained that many leading Republicans have left town. The con test Is over the election of a Circuit Judge. There are so many easier ways of committing suicide that It is some what surprising that a Republican should show any desire to be elected to office In such a locality Yet civil ization is gradually working back into the mountains of Kentucky, and some day mr.y reach Breathitt County. If a candidate in the primary re ceives say 18 or 20 per cent of the vote of his party for the nomination, and thereby insists that he is the choice of his party, is he? The great majority didn't want him, yet it is claimed that all must support him, in order to vindicate "the right of the people to name their officials." Such bosh won't "go" any longer. Was the mandate of the people, as to election of Senator, more specific than their mandate as to- the Supreme Court? Far less so; for Chamber lain's plurality was very small and then was hocused; while the majority against additional judges was the spontaneous expression of the people, and was enormously large. If the object of an Elks initiation ceremony is to have fun, those Lew iston Elks have pointed the -way. Two novitiates, after the regular proceed ingsscared their tormenters to death by shooting up the lodge also for the humor of the thing. They have estab lished a precedent. Undoubtedly Judge Gaynor is look ing forward to the time when he can bridle his tongue, withdraw his libel suits and settle down to a peaceful and happy career In the New York Mayoralty. But the judge is in need of rest, restraint and retirement. Strange situation in New York. Gaynor probably will be elected Mayor; yet only one newspaper in the city the World supports him, and he has sued it for libel. But the brute force of Tammany will probably carry Gaynor through. One box of Albany apples was knocked down Saturday to a wealthy Portland man for $21.50. It's easy to keep Oregon apples in Oregon when you have the price. That New Orleans audience re ceived your uncle Joseph Cannon's de fiance of the insurgents with shouts of approval. There is more approval than votes in Louisiana for Uncle Joe. Another reason for Democratic hos tility to Republican nominations by convention is that Democrats cannot participate in a Republican assembly, as they do in Republican primaries. The next explorer who is determined on making his claims stick should be sure that among his companions are two corroborating, disinterested wit nesses and a notary public. In the crusade of officials for pure milk the fondest expectations have al ready been realized; price of milk has advanced and provision is making for two more city inspectors. A heretic is a person who dissents from another person's notion of the Almighty. Naturally, heretics are the commonest individuals in the world. The people have voted twice to limit Oregon's Supreme Court to three Judges, in accordance with the consti tution. Shall the people rule? It may have been cold and freezing up at the Pole, but it was certainly hot enough for Explorer Cook in that lively Montana town. Mr. Jeffries and Mistah Johnsing are certainly the greatest fighters who ever lived. They have surpassed all others in telling about it. There are many more liars, evident ly, than will ever scale high peaks or reach the North Pole. This is fine weather. No Joy riding. J THE WILL OP THE PEOPLE. Bow the Jnsarlrra TJnblnahtnsly Re ject or Subvert It. Oregon Observer (Grants Pass). The rule of the people and the au thority of the initiative and referendum are of little consequence when a bunch ofrascals have a purpose to gain. The Legislature that the people directly elected at the same time that they con demned the increase in Supreme Court judges, was one of the most dishon orable Legislatures that ever afflicted a statei It cared nothing for the ex pressed will of the people at the polls, and duly proceeded to pass a measure providing for two additional Supreme Judges in open defiance of people and law. It accomplished the job, and en dowed the then Governor, George E. Chamberlain, with several very nice judicial offices to give to his friends, including the two extra judges of the Supreme Court, and George was not long in'dlstrlbuting the enticing plums. Why did the Legislature place the expressed will of the people in con tempt? The rottenness was made ap parent in many ways. The appropria tions were outrageous, and they were sold for a mutual price; the increasing of the Supreme Court bench was an assault upon the people and upon the law of the constitution; the vote as given, wit a walllngs. In favor of Cham berlain for United States Senator was a disgrace to manhood. It was an ac cursed Legislature, and Offegon wants no more like it forever. There is now no doubt that m bunch of alleged Republican members com mitted themselves not only to State ment No. 1, but also allied themselves personally with the great schemer, Chamberlain. He played them, and some at least duly received reward. The Observer has in mind a most de vout Republican organizer who was considerable of a political power in Clackamas . County, This was J. U. Campbell, a Canadian by birth whom his fellow-countrymen in Oregon do not glory in. The Republicans of Clacka mas honored Mr. Campbel by .electing him to the Legislature. On the last occasion he was a Statement One man. If he chose to believe he was bound in honor, it was proper for .Mr. Campbell to adhere to the Statement pledge; but ho was under no obligation to accept a Circuit Judgeship at the hands of Chamberlain. It may have been per fectly clean, but it . looked very much like a 1 reward for services rendered. Others mfght be referred to, but it is not necessary. The wiles of Chamber lain captured the Legislature for his own, and his closing days as Governor were blessed with a generous patronage provided for him in defiance of law and people. ' Attorney - General Crawford has de clared that the Oregon Supreme Court is now unconstitutional, and has en tered action in behalf of the state to set aside the appointment of the two Supreme Court judges not provided for by the constitution. PHENOMENA AT SANDERS HOME Theories About the Sub - Conscious Mind and Spirits of the Departed. PORTLAND, Oct. 31. (To the Editor.) As reported in The Oregonian, Dr. A. A. Morrison is of the opinion that the queer occurrence at the home of J.,D. Sanders, last Thursday afternoon, was "the manifestation of an unusual intelli gence." While this is probably as sat isfactory an explanation of the mystery as that of attributing it to electricity, which Dr. Morrison says is absurd, cer tainly to most people there was not the slightest exhibition of "intelligence" in the entire spectacle. If It was the application of the intelli gence of living persons, surely it was very unintelligently applied for if a sane man or woman should play havoc with the household belongings, of another in that manner, a jail sentence would be the penalty for such "manifestation." If it was the work of departed spirits, the latter unquestionably chose a very poor way of showing their presence in an "intelligent" manner. Or, since all claimed manifestations or communica tions from the spirits of departed people take the form of tipping over furniture or rappings on tables, which would in all cases be denominated as ridiculous if en gaged in by those yet in the flesh, and would promptly place them in confine ment for mental derangement, is it a fact that the great law of transposition which we call death actually destroys the mind and all intellectual equilibrium In the life beyond? , At least, the "sub-conscious mind" that would engage in the house-wrecking bus iness which i took place at the Sanders' home ought to make an extra effort to become conscious and rational at onco and abandon further exhibitions of ''un usual Intelligence." T. T. GEER. Pnladlno a Common Swindler, New York Times. Almost the last thing Cesaro Lom broso did was to promise to communi cate with his friends, as soon as he could after death, through the clumsy juggler, Eusapia Paladino, a woman whom his stoutest defenders charge with practicing fraud whenever oppor tunity offers. This woman, after care ful investigation by the British psychi cal researchers, was dismissed as a common swindler and nothing more. It is a pathetic ending of a career that promised so well, and in which not a little was accomplished. Of course the "communications" will come, and of course they will be ac cepted by the predestined dupes as proving the claims of spiritualism. "I-t-'s Ver-y Llke-ly." Eugene Guard. The Oregon building at the A. Y. P. Ex position has been sold for $1501. We pre sume that President Wehrung of the commission, will turn the odd dollar into the State Treasury and charge the very reasonable Bum of $1500 for making the deal. A New Job for Explorer Wellman. Kansas City Star. Why doesn't the esteemed Chicago Record-Herald assign Walter Wellman to ascend to the topmost pinnacle of Mount McKinley? .A Great Joke. Pittsburg Gazette-Times. ml... TJnn I '.. . , fld-lr aaus ths no-rt Congress will be Democratic Champ, you Knuw, Buys uiuio uiiuks mai wiu a. laugh than any other man in Congress. . Waiting. John Burroughs. Serene I fold my arms and waft. Nor care for -wind, or tide, or sea; I rave no more 'gainst time or fate. For lo! my own shall come to me. I stay my haste. I make delays. For what avails this eager pace? I stand amid the eternal ways. And what Is mine shall know my face. Asleep, awake, by night or day. The friends I seek are seeking me; No wind can drive my bark astray. Nor change the tide of destiny. What matter If I stand alone? I wait with joy the coming years; My heart shall reap where it has sown, And garner up its fruit of tears. The waters know their own, and draw The brook that springs In yonder height; So flows the good with equal law Unto the soul of pure delight. The floweret nodding in the wind Is ready plighted to the bee; -And. maiden, why that look unkind? For lo! thy lover seeketh thee. The stars come nightly to the sky; The tidal wave unto tne sea; Nor time, nor space, nor deep, nor high Can keep my own away from ma. Serious Plight In Which Oklahoma la Now Placed. From a Circular of J. S. Bache & Co., New York, The Guthrie, Oklahoma, correspondent of the Boston News Bureau says that "the entire Southwest has talked of little clso during the past two weeks than the fail ure of the Columbia Bank & Trust Com pany, of Oklahoma City, the largest state bank in Oklahoma, whose suspension has caused consternation amons the advocates of the guaranty derosit law. The state government has practically taken charge and the courts aro filled with litigation growing out of the affair. The bank was examined by two employes of the Bank Commissioner's office, September 1. and pronounced safe. In less than four weeks it failed, with a shrinkage of nearly $.".00, 000 in resources. This recalls tho story of the times of the Mississippi steamboats. Explosions became so frequent that a law was passed making it necessary to have Government inspection of every boiler, and without a tJJovernment certificate no steamboat could run. Soon afterwanls there was a most terrific explosion on one of the steamboats, and so direful was the disaster, it is said, that crew, passen gers and every part of the vessel was blown to atoms. The only thing that could be found afterwards perfectly pre served was the Govemmentcertiflcate of inspection, stating that the boiler was all right." Tho News .Bureau correspondent goes on to say: "The deposits of the failed bank were almost $3,000,000, of which $600,000 approx imately were Oklahoma funds, Including $50,000 of the state guaranty fund Itself. "The loss made it necessary for the Bank Commissioners to levy an addition al special assessment on the state banks of 8-4 per cent of their deposits to make good losses to depositors. This means an average of nearly 4 per cent on the capi tal stock of all state banks. It means' three or four months' profits for many of the banks, and the bankers are protest ing against the levy. Most state bankers want to know what is being done with the money. If it is being deposited in the failed bank to make deposits with which to reopen, they feel that it ought to be known. "The guaranty fund when the bank failed was $300,000; sine then there has been a regular assessment of 1-6 per cent, bringing in $65,000, and an emergency as sessment bringing in $248,000. State bank ers declare that, if there were liquid as sets in the banks, they should have been converted into cash, and no extra assess ment made. If the bank is reorganized, as now seems probable, and the guaranty fund is left in it as a deposit, the state will have nearly $LO0O,O0O deposited in this one bank, and no statement of the real condition of the bank will ever be made public." The Kansas City Sunday Star in its let ter from Oklahoma City says that a novel situation in the testing of the guaranty law in connection with the failure has been developed by the demand of the Oklahoma School Land Board, upon cer tain surety companies, for the payment of $140,000 pledged by these companies for the safety of $152,000 of school land funds on deposit at the bank at the time of its failure. It says: "The surety companies are willing to pay their obligations, but they desire to know if the School Board has asked the State Bank Commissioner and tho State Banking Board in charge of the bank for payment of the state's claim, inasmuch as there is no apparent reason under tho guaranty law why the state should not be paid out of the guaranty fund, in tho same manner as any other depositor. "If the State Banking Board is able to pay the School Board, then the surety companies see no reason why they should be required to pay, as the school land fund has suffered no loss. If the School Board has not been paid, however, the fact is shown that the guaranty fund has been Inadequate to meet the obligation of the bank. At least one surety company is willing to pay its surety bond if the School Board will turn over to the com pany the state's right to a part of the de. posit equal in amount to the bond. The company then would be in a position to demand payment as a depositor, and if this payment should be refused the courts would be open to force payment, inas much as there may be no discrimination in the payment of depositors. This pro posal will be made to the School Board at G-uthrie next week." The recent decision of the United States Circuit Court in Nebraska declaring the guaranty bank law unconstitutional is an other step in, stamping out this heresy. One point made by the court is worth quoting: If the state possesses the power to einrcle out a certain form of business aotlvlty and compel the citizen who engages In it to pay the losses of strangers, whose only relation to him is that their business is known by the same general term, why may it not re quire all those engaged in one occupation to pay the losses of those engaged in other occupations? And If tho state may require those of one class to contribute to the losses of the same class. It is but a step further to require the fortunate to bear the financial losses of the less fortunate as often as In equality of fortune may arise. The pro vision pertaining to the depositors' guaranty fund cannot be sustained on the theory that society is discharging an obligation it owes to those pauper and dependent classes who have always been rewarded as proper sub jects of its bounty and care. .The creditors of banks are like the creditors of any other debtor, and this act is not confined to tha relief of paupers, but payment is required to all depositors, whatever their financial con dition may be. When this decision is reviewed by the United States Supreme Court and if that court concurs, we shall have an tend of the whole matter in all the states.' One of our Southwestern correspondents wires us in reply to inquiry as to the present situation: The whole business is in a muddle. Tho state ofiicials refuse to give out any in formation. A new state bank, called the Central State Bank, with K10O.O00 capital, opened in the rooms of the old bank and took- over some of its assets, but no state ment as to how much has been made. At the same time, the Bank Commissioner oc cupies a desk in the bank, settling up the affairs of the old bank. Charges of political Influence, etc., are being made. No definite information is obtainable. Gaynor. New York Tribune. "By God." "by the Eternal," "slander ers," "hypocrites," "scoundrels," "defam ers," "reckless liars." "shiftless political characters." "-hirelings." "jackasses." "breach of faith," "strutting and swear ing." "lying and misconstruction." "basest detraction," "blinded with jealousy and hate." "anv lie of that man." -scandalous,' "majordomo," "drum major." "head but ler." "strutabout," "scatter-brain," "buf foon." "fool," "ragbag press." "bellow," "slobber," "puke." Mall and Express. Now add that he never gets drunk and that he Is implacable in his adherence to the truth, and your portrait is complete. New Tork Sun. Yes, It is not firewater in his belly but tho coal of fire in his head that makes him go on so. CURRENT SMALL CHANGE. "What a Juno!" "That short girl? Don't yon think that Is a misnomer?" -'No; she's a Miss Smith." Baltimore American. Said he "Since I met you I have enly one thought." Said she "Well, that's one more than you had when we met." Chi cago Daily News. "Lady." said Workless Walter, "I have had a checkered career." "And ifs your move now," replied the lady as she reached for Tige's chain. Princeton Tigor. "And did you enjoy your trip through Switzerland?" "Yes, very much. They had such attractive post cards all through that country." Chicago Record-Herald. "And where is your husband?" "Alas! He is in the future state'" "Pardon me: I didn't know hs was dead." "He ain't. He's homesteaOing a claim in Arizona." Cleve land Leader. ' Nell Judging from the way Miss An tique guards the family Bible she must be exceedingly fond of it. She even keeps it under lock and key. Belle Yes: you know, -the date of her birth is recorded in it. Philadelphia Record. '4.