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.