Morning Oregonian. (Portland, Or.) 1861-1937, November 27, 1909, Page 8, Image 8

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Kntered at Portland. Oncoo, Postorfles as
Pecond-Class Msttsr.
Bobscrlptkni Rates Invariably In Advance.
(By Mall.)
Dillr. Sunday Included, on year ' S
Pally. Sunday lncluua. six monina.... "
T'ally. Sunday Included, three month!.. 2.2ft
fiailv K 1 1 n .1 V 1 n i-! n i ! ll nnl month.... '
rallv. without Kundar. on year 6.00
I'slly. without Sunday, six monthi. ... 3 25
Dttilv without Similav. threa months.., 1.
Dally, without Sunday, ona month
Weekly, ona jesr J 50
Fundav. ona Tear. 2.&0
Sunday and weekly, ona year -60
(By Carrier.)
rallr, Sunday Included, ona Ttr JJ
Pally, Sunday Included, ona month.... !
How to Remit Send poeiomcs """J
order, express order or perannal check on
vour local bank. Stamps, coin or currency
ire at tha sender's risk. Olve postofflcs sd-
, -..n . Mitiniv &nit atata.
Posture Rates 10 to 14 pages, 1 cent; IS
to 28 paxes. 2 cants; so to u pases, a .-.
0 to 0 paces, a cents. Foreln postage
double rate.
Faster Business Office The S. C. Peck-
-.. An-v New Tork. fOOHl I 49
SO Tribune bulldln. Chicago, rooms 010-512
Tribune building.
President Taft Is a fcood lawyer, but
not really a very great one. To hlra
the "enactment of the corporation tax
was due; for he urged It. and brought
to bear all the force he could, to cause
its enactment. Tef it Is doubted by
some whether It will be held a. consti
tutional tax, and b- other soma
whether It Is Just. No question but It
will be carried up to the Supreme
Court of the United States.
It Is contended that the corporation
tax Is not Just, because It lays a spe
cial burden on all business done In
corporate form: while the Individual
or the partnership, doing the very
same business, or a business not dis
tinguishable from that done by the
corporation, is exempt. The argument
for the discrimination, however, is that
the stockholders or the corporation
have no liability beyond their paid-up
stock. It Is partly so, partly not. The
stockholder may quit. Indeed; but he
will lose his Investment. With the In
dividual or the partnership It Is not
much different. The corporation, was
not devised as a means of enabling
men to get quit of their obligations,
but as a means of combining capital
for necessary operations. It is a neces
sary method of industrial and com
mercial life. It ought not to be pen
alized. But. advancing from this position,
we come to objections and difficulties
of wider scope. The corporations (ex
cept the national banks) are organized
under state law. The right to grant
corporate franchises Inheres In the
states; and it Is not pretended that the
General Government has the right to
charter the Infinite number of corpor
ations, doing business of every kind,
that state law has authorized. Xow
what right has the National Govern
ment to tax those means employed In
the exercise of state policy which are
beyond its own scope and Jurisdiction?
The state has the right to authorize
these corporations. They are state
creations. Has the National Govern
ment the right to tax them? If so, it
has a right to tax them to death, to
forbid them to exist. On this subject
the principles laid by Chief Justice ;
Marshall and adhered to since his day,
leave no room for doubt.
The Federal corporations are but
few in number, and they were created
as Incidental to powers expressly con
ferred upon the National Government.
The dispute, then, as the New Tork
Times Justly urges, "is not about tax
ing corporations which Congress has
the right to create, but about taxing
those which it has not the right to
create, to which It gives no privileges,
and over which its Jurisdiction has yet
to be established."
- Again: It has been decided repeat
edly that "the states have not the right
to tax the instrumentalities of the
Federal Government. The states can
not tax patents, or copyrights, because
they have not the right to create them,
nd have not the right to cripple or de
stroy what the Federal Government
has created. If the case were reversed,
and the states had power to grant pat
ents and copyrights, it cannot be
doubted that the Federal Government
would not have the right to cripple or
destroy instrumentalities of the state
governments. The case Is reversed re
garding corporations, and It is con
tended that the Federal Government
has not the right to destroy them,
which Is part of tha right to tax. In
the exercise of powers strictly related
to a Federal function, the Federal
Government taxed state bank notes
out of existence. If it can tax corpor
ations it can tax them out of existence.
By assuming to tax profits it takes
power to say what are profits, and
whether there shall be any profits."
Nor merely on the legal argument
does the objection depend. The Ohio
State Board of Commerce, composed
of two thousand leading men of busi
ness In that state, at a recent meeting
adopted this resolution, towlf.
That it Is tha sense of this board that
tha Federal law taxing- the Incomes of cor
porations will seriously interfere with the
revenues of tha state by taxing a subject
created by the state and upon which tha
tats relies for a substantial portion of Its
revenue; and that this board should use its
Influence to recurs a repeal of said law;
and that In the meantime it is desirable that
the constitutionality of tha law should be
The following argument was made
before the Ohio organization by Allen
Ripley Foote, president of the Inter
national Tax Association:
A law regarding which the people h&re
not been consulted, enacted by methods snd
under conditions that prevented a free ex
pression of opinion by the representatives
of the states and of the people In the Con
gress, is not entitled to respect when ita
enforcement will make a radical change In
public policy, will seriously Interfere with
the taxing power of the states and will
place additional burdens on the people.
Not one representative of a state In the
Senate, not one representative of the people
In the House of Representatives of the Con
gress, wss authorised by the state or by the
people they represent to vote for the en
actment Into law of the proposed Federal
tax on the net Income of corporations.
The statements are sound and true,
throughout. The corporation tax Is a
blow at corporate organization neces
sary, not merely for large business, but
for business of all grades and In nearly
all branches. It held valid. It will pro
duce a radical change In. our national
polity, and indeed In the whole char
acter of our governmental system. The
income tax. falling directly on the In
dividual, would be the more efficient
method for revenue, and, moreover,
more Just to the citizens; and It will
not suppress or tax instrumentalities
authorized by the states for the con
duct of business rights and powers
which the states have always hereto
fore possessed. Payment of the cor
poration tax, levied by the General
Government, will be resisted, in the
nrxie of all corporations; and appeals
will be carried to the higher courts
of the United States. If the multitude
of corporations authorized by the
states, and heretofore under state con
trol, are hereafter to fall under control
of the National Government, It will
be Important to have the arguments,
the reasons, the grounds of the deci
sions, which are to support and Justify
the change. For certainly it will be
a radical change of our polity and sys
tem of government.
Through the assemblies, conferences
and conventions there will be by far
larger participation by the members
of parties in the primaries than can
be had through the method of self
nomination of candidates. Members of
parties, from all parts of the state,
from all counties and precincts, will
confer. There will be opportunity to
know something about candidates.
Candidates will be estimated by the
representatives of parties and people,
not taken . on their own estimate of
Under the saJf-nominating plan,
when the multitude of candidates are
presented on the primary ticket, it is
impossible for the voter to have knowl
edge even of the names of the multi
tude. Few can have any opinion or
Judgment as to those who ought to
be voted for; for they don't know the
men. It is a necessity of representa
tive government that parties shall be
represented; and they can be repre
sented only by selective and advisory
assemblies. These will start with the
precincts, with the small assemblies,
and advance to the larger ones.
No other rational way is possible. It
was not, nor is it, the design of the
primary law to eliminate or super
sede party organizations and represen
tative conventions. A political party
has a right to exist; and by conse
quence it has a right to organize Us
forces, to hold conferences and to
recommend candidates and policies.
All this will be done any way whether
there are dissenters or not. First of
all. It Is necessary. In order that each
party may control its own affairs and
direct its own nominations, free from
the Intrusion of opponents, bent on
bedevllment, such as has been wit
nessed these years past In Oregon.
Never In Oregon can the Republican
party recover its ground without reor
ganization of its forces and concentra
tion of Its efforts. No sane person
Imagines this can be effected through
continuation of the loose methods
which have produced Its disorganiza
tion and defeats.
A statement Issued by the Bureau
of Statistics yesterday estimates the
value of merchandise carried across
the Isthmus of Panama and the Isth
mus of Tehuantepec thlsyear at 75,
000,000. As an example of the tre
mendous growth of the business by the
Isthmus route. It is noted that the
traffic of the Tehuantepec route, which
is almost exclusively In freight that
otherwise iwould cross the continent
by rail, was between $25,000,000 and
230.000,000 In 1907, the first year of
operation of the line. "Last year It was
138.000,000 and this year It will reach
This is the route which Spokane, in
a misguided moment, declared offered
no opposition to the railroads. Hamp
ton's Magazine, Collier's AVeekly and
a number of other Kastern publica
tions have also repeatedly denied that
it was a factor of any consequence in
the making of rates. We shall not
reap the full benefits of water trans
portation until the Panama Canal is
built, ,but when a single line handles
S50.000.000 worth of freight in a year
its Importance as a regulator of
freights is entitled to recognition.
A big salmon hatchery has been es
tablished at Bonneville, on the Colum
bia River, by the Oregon Fish Commis
sion. It is a central plant for propa
gation of salmon by means of eggs
taken at various stations In Columbia
River waters. The eggs are to be
hatched at Bonneville and the Infant
salmon nurtured In "nursery ponds"
until they have grown to an inch or
more in length, and then allowed to
find their way to sea, whence they are
expected to return as mature salmon,
in three or four years, to be caught
for packing.
Hatchery work has saved salmon of
tha Columbia River from extinction.
But the work has not accomplished
desired results for Increase of recur
ring fish supply. -It has been found
that too few of the many millions of
fry released in remote waters of the
Mackenzie or Snake Rivers survive
their predatory enemies. Formerly
the sole problem seemed to be that of
hatching the eggs and setting free the
infant fish; now the more serious diffi
culty is seen to be that of lessening
the mortality of the baby salmon.
This is the difficulty that the Oregon
fish authorities are trying to meet in
the establishment of the Bonneville
hatchery. Hatcheries elsewhere have
proved quite inadequate. The outcome
of the new experiment Is awaited wlth
hopeful expectations.
There Is no reason why river craft
of high and low degree in Portland's
harbor, moving for the convenience
and by order of the relatively few,
should have absolute right of way over
land craft, moving for the accommo
dation of the many. The War De
partment, which controls the naviga
tion, end of the subject, still clings to
the tradition that makes the rights of
water traffic paramount. With this
formidable backing a little tug with a
crew of perhaps three men who live
aboard serenely casts away her lines,
blows the signal for the draw to open,
turns round leisurely (being In no
hurry to get anywhere), and holds up
a lino of streetcars carrying anywhere
from 300 to 500 men and "women re
turning to their homes from their
day's work for five to fifteen minutes.
Dominance of the arbitrary spirit en
gendered and supported by absolute
power, and blindly devoted to the tra
ditions of its office, accounts for this
condition but cannot excuse it.
The little craft all water craft
has its rights upon the river. This
fact everybody is willing to concede.
But It does not belong to the legiti
mate exercise of this right to Ignore
utterly and arbitrarily the rights of
those who transact business or pursue
industrial vocations on land, and in
order to do so effectively must be given
prompt transit at special hours of the
day across the bridges which span the
In simple truth, both land and water
traffic has special rights. Necessarily
ona must at time cross the track of
the other. Each should be "willing to
bear its share in the Inconvenience
that results. There are certain hours
of every day when the volume of
bridge transit Is at the maximum. The
"rush" of those hours is the result of
fixed economic conditions. Interfer
ence with this cause is in effect to
hamper these conditions and to a
greater or less extent place a handicap
upon a fixed principle of our Indus
trial system. It is manifest that the
easiest way and practically the only
way equitably to adjust this matter Is
to fix reasonable periods, morning and
evening, during which the draws of
the bridges will remain closed.
The dairy industry of the Willam
ette Valley falls far short of supplying
the demand or its product, prices of
milk, butter and cheese are high and
the only relief in sight is importation
from states of the Middle West. Dairy
ing Is an essential of the livestock
industry and livestock affords oppor
tunity for the most durable prosperity.
Therefore, the slow progress of dairy
ing and its decline In some parts of
the Willamette Valley, are matters of
public concern.
Persons who introduce new dairy
animals of high breeds, while serving
their own Interests, are also conspicu
ously serving those of the public. The
country and the cities need more cows,
more hands willing to work, and im
provement of agricultural conditions
for growth of herbage In dry Summer
and Autumn months. The .project of
Willamette Valley irrigation is working
to this end; so Is the movement of Im
migration; likewise importation of new
dairy cows; also growth of knowledge
necessary to combat the dread plague,
bovine tuberculosis. This latter dis
ease la a serious obstacle to dairy
growth; and when its ravages are
grossly exaggerated, as recently, by
sensation-seeking health officials at
Portland, the effect is very damaging
to the dairy industry and discouraging
to individuals on whom the public
must depend for the milk supply. It
has been asserted by one health of
ficial that 50 per cent of the cows he
examined were tubercular, and this has
been repeated by other officials who
must appear busy in. order to Justify
their salaries. They did not explain
that for this test herds were singled out
which were known to be diseased, and
that in other examinations tubercu
losis was wholly absent or present in
very small percentage. This misrep
resentation makes many dairymen seek
exit from the business and discourages
other persons from entering. The truth
should be told in this Important mat
ter. Falsehood Injures the milk sup
ply and damages livestock progress.
This country needs a milk production
that will enable It to export large
Quantities of condensed milk, butter
and cheese. At present, the plants that
manufacture these products are either
Idle or running short shift.
H. C. Campbell, of this city, repre
senting the Portland Fair and Live
stock Association, will attend the Na
tional Livestock Exposition, at Chi
cago, In the Interest of Oregon live
stock. He expects to bring back a
number of purebred Guernsey cattle
for a well-known dairy near Portland.
This will be a praiseworthy mission.
The Guernsey breed in Oregon is lit
tle represented. Oregon needs It in
large numbers of dairy cows. The state
now can boast of but two herds of
this worthy dairy breed, that of the j
Ladds, near Sellwood, and that or nir.
Looney, at Jefferson.
The upbuilding of dairy work, espe
cially In the Willamette Valley, offers
one of the richest opportunities. Prog
ress will be slow and most of It will
be based on educational effort. Cru
sades and spasms will help little and
may leave much Injury. Patient and
intelligent demonstrations of purity,
cleanliness and profit are essential.
Dairymen could profitably give lessons
to milk officials on the practical sides
of dairying. Some officials are even
more ignorant than dairymen.
for'kign trade increasing.
Foreign trade for the month of Oc
tober was of almost record-breaking
proportions, the exports for the month
falling but a million short of $200,
000, 000. the highest figure reached
since January, 1908. The increase
over the totals for October, 1908, was
nearly $27,000,000. Imports also made
an excellent showing, the total for the
month being $126,949,005, a gain of
nearly $25,000,000 over October, 1908.
The extraordinarily high prices at
which the cotton crop is being moved
are responsible for much of the in
crease in the export figures, the gain
in that great staple alone being $30,
000,000 over the figures for October,
1908, although the increase in the
quantity shipped was not large.
There was a decrease In the amount of
breadstuff's exported during the month,
and also In the meat and dairy prod
ucts. The decrease in these commodi
ties is due to the high prices at which
they can be marketed in the home
The excess of nearly $72,000,000 In
exports 6ver imports is the best in
crease scored in this item for many
months, and will assist In restoring our
balance of trade to a more atlsfac
tory "basis. The extent to which this
balance has been dwindling Is shown
In the figures for the ten months end
ing with October. For this period the
exports of $1,359,535,399 exceed the
imports by only $164,000,000, nearly
half of which was made up In the Oc
tober business. Naturally, where our
trade balance is so small it has become
necessary to supplement it with ship
ments of gold, and for the ten months
we exported, $68,512,679 more of the
yellow metal than we imported. Even
this balance, added to that of the ex
ports of other commodities, will hardly
pay for the new indebtedness incurred
abroad by our tourists, or for other
Fortunately, the November move
ment of both cotton and grain has
been unusually heavy, and, as prices
are high, this balance will be brought
up to very satisfactory proportions
when the November returns are all in.
The advancing tariff schedules have
undoubtedly checked the importation
of many foreign goods that we could
have used to advantage, and this also
will tend to Increase the balance of I
trade In our favor, although it is ques
tionable whether an apparent saving
of this nature is advantageous.
American Consul McNally, who has
been 'stationed at Nankin, China, is
the latest of our foreign representa
tives to complain about the alleged
lack of enterprise of our manufactur
ers. According to this eminent au
thority, "most American manufactur
ers seem to send their men over here
when they can find nothing else for
them to do." Mr. McNally ia of ti.eA
opinion that the Germans and the
British are more enterprising in their
efforts for business than the Ameri
cans. This complaint of foreign Con
suls Is heard so frequently that there
may be some justification for It. If
there Is, the Pacific Coast business
men should not be included in the
same class with those of the Eastern
trade centers. The big exporters of
Pacific Coast products do not "send"
their men over there. They keep them
over there the year round, and succeed
in selling the Chinese about all that
they are able to pay for.
The wonderful possibilities for In
dustrial exploitation in Alaska are re
flected in the railroad building now
under way in that land of gold and
mystery. The first fifty-four miles of
the Copper River & Northwestern
Railroad, which will be in operation
December 1, cost $5,770,000, and the
entire road will cost $20,000,000. This
road is being built by Eastern capital
ists who have made a thorough exam
ination of the field and are perfectly
familiar with the resources that will
yield the returns on this enormous ex
penditure. Railroads which cost more
than $100,000 per mile In new terri
tory are not very plentiful, even In lo
calities much more thickly settled than
Alaska, and the greatness of the un
dertaking Is a high tribute to the terri
tory that possesses natural resources
of sufficient quantity and value to war
rant such an enterprise.
All persons who are patting Insur
gent politicians on the back, "will find
there Is no "Insurgency" against pro
tectionist policy in the United States.
That policy never was so firmly estab
lished as now. The Oregonian Is and
has been its opponent, this many a
year; but realizes fully that the people
want It and will have and will con
tinue it; and Oregon, moreover, is one
of the strongest protectionist states f
the forty-six. Joe Cannon could carry
it by a majority equal to any obtain
able by Teddy Roosevelt.
"Mother Roberts," whose methods of
reaching and treating wayward boys
and girls, have attracted wide atten
tion, has opened a mission in this city
where she will carry on her work. Upon
the basis that every child is an asset
to the community and the state that Is
well worth developing and turning to
good account, the work this good wo
man Is doing appeals at once to the
humanitarian and the political econo
mist for Indorsement. It is not con
ceivable that in this community the
appeal should be in vain.
That old railroad crossing sign
which cautioned the drivers to "Stop,
look, listen," may have caused a loss
of a few seconds or a few minutes of
time that was not always valuable,
but no lives were ever lost 'in obeying
it. A similar sign, properly heeded,
would have prevented that fearful Los
Angeles tragedy by which almost an
entire family was killed. We are liv
ing in a fast age, but even automo
bile drivers should find time to slow
In an article entitled "The Sale of
Calumnies," the New Tork Times
deals with the Matthews article on Sec
retary Ballinger, In Hampton's Maga
zine. The Times shows that the arti
cle was written in total Ignorance of
the facts, and probably with malice,
and asks, "Is it not about time that the
inventions of calumnies and fabrica
tions about Mr. Ballinger should
cease?" It certainly is time; but the
muckrakers must have stuff to sell.
A woman committed suicide In this
city Thanksgiving, owing. It Is said, to
despondency caused by separation
from her husband. Since she was
the decampings party and he desired
her to return to him, her preference
for suicide as the way out of her de
spondency is not easily explained.
A Pendleton paper says of W. J.
Furnish, who has moved his home to
Portland: "Pendleton can 111 afford
to lose such men as W. J. Furnish."
This is rather tardy appreciation of
a man who has done big things. for
Umatilla County. Perhaps Mr. Fur
nish should have moved sooner.
Twenty thousand dollars will be ex
pended to get a plan for "a city beau
tiful." It's a small sum of money, and
Its expenditure may give pleasure to
the promoters. The net results will
be, or ought at least to be, some hand
some diagrams and blue-prints.
Five are dead In one family from
collision between an automobile and a
streetcar at Los Angeles. The speed
maniac has never yet been able to
drive his automobile over a railroad
crossing fast enough to miss every
thing. The Republican advocates of "State
ment One" there are not many of
them are working hard to elect an
other Democratic Senator. It can be
prevented by their defeat.
The "holy statement" has given Ore
gon one Democratic Senator. Pursued
successfully, it will give the state an
other. But that might be an improve
ment on J. B., Jr.
Gatens, who gets the reproof for
letting bunco-steerers escape, was ap
pointed Judge, In payment of certain
political and personal debts of George
One result of the assembly system
will be stoppage of the Interference of
one party in the affairs of another,
supported by perjured registration.
Colonel Hofer reiterates that he is
not a candidate for any office. Per
sons' who have had most to do with
him commend his judgment.
Nat Goodwin has once more gone
back to the stage, and the barrooms
lose a shining ornament, at least part
of the time. "
Some persons are slurring "Beauti
ful Willamette." But every beautiful
creature occasionally goes on a ram
page. This has been the best year In his
tory for the pigskin game. Never be
fore has there been so much mud.
The Multnomah football team could
still get a game with one of the lesser
The oldest living inhabitant is with
us yet. There was once a worse flood.
The turkeys that still live have cause
for thanksgiving too.
Slap at Portland Attorney.
Albany Democrat.
A Portland attorney while taking a
bath got 110 volts of electricity. That
wouldn't have any effect on the hide ot
the average attorney. Portland has a
few lawyers who wouldn't . be phazed
by 2000 volts.
This Rule Works One Way.
. Dufur Dispatch. .
When a father doesn't marry the sec
ond time to please his daughter, she
leaves home; but when she doesn't marry
to suit him, not only is that retreat de
nied him, but he has to let the new son-in-law
come and live with him.
Prehistoric) Architecture.
Cbrvallls Gazette-Times.
The older buildings show that the fool
architect who put 20,000 unsightly bay
windows, cupalos and spires on Portland
business houses was copied at Eugene.
It's too bad that fellow didn't get
switched to the North Pole before he
landed in Oregon.
Mighty Unequal.
Newberg Graphic.
Over at Lebanon, a girl of 17 has mar
ried two men in less than 12 months,
while here in Newberg we have girls who
are twice 17 who have not yet landed
one man. A more equal distribution of
nature's products is one of the demands
of the Socialist which might properly be
invoked in such instances.
Dangerous Man for Governor.
Tacoma Ledger.
Colonel B. Hofer, of Salem, is wise at
this time In denying that he is a candi
date for Governor of Oregon. He it was
who last Summer came oat with a strong
editorial counseling the people of Ore
gon to pray for rain. Now ee what has
resulted. A man of Hofer's abilities and
inclinations would be dangerous in the
office of Governor.
Just Ginarcr Cp.
Hillsboro Argus.
If you are dyspeptic and prone to look
on the dark side of things Just ginger
up and make a resolve that you'll quit
whimpering. When you are making an
eternal scold of yourself, and see nothing
but bitterness in this "vale of tears"
you are only advertising your ills, and
being laughed at for your pains. Face
the world with brightness don't cry all
the time like our contemporary down
the street.
Newberg Graphic.
The Weston Leader says Weston has
better schools and more business since
the Normal School closed than before.
The Normal was supported by state funds
and possibly Weston had been content to
depend on this, the -ame as some county
seat towns drift along and grow hoary
with age, the citizens showing a woeful
lack of public spirit, as they rent content
in the possession of the perquisites com
ing from the county ' business.
The Assemblies.
Gervais Star.
The Assemblies that are going to .be
held all over Oregon the coming Spring
will be a body of representative men
aligned with the Republican party. There
will be no foolishness. It will be a quiet,
orderly body to perpetuate the Repub
lican party for further usefulness and
best good for all people concerned. Every
earnest working Republican is expected
to affiliate, and they will. The assembly
will be no man's convention, but com
posed of Republicans.
The Prodigal Son.
Yakima Republic.
According to a dispatch from Spokane,
"Senator George Turner, who Is no longer
a radical Democrat," is mentioned as one
of the gentlemen from Eastern Wash
ington who may be a candidate for the
Republican nomination lor United States
Senator at the next primary election.
There is jiothlng strange about the fact
that Senator Turner should be reported
as about to come back to the Republican
party. He left the party because he
couldn't get an office. He trained with
all the other parties from time to time
when there was a chance that he might
be elected. The Democrats and Popu
lists gave him six years in the Senate.
Now Populism is dead and Democracy is
in a hopeless condition. The Senator
still wants an office. We may be sure
he will get back' into the Republican
party if conditions continue as they are.
Tha Denominated by the Sage of
Eastern Oregron.
The Dallas Optimist.
At the last election a law was passed
as follows: "That we, the people of the
State of Oregon, hereby Instruct our Rep- j
resentatlves and Senators In our legisla
tive assembly, as such officers, to vote
for and elect the candidates for United
States Senator from this state who re
ceive the highest number of votes at our
general election."
What is the penalty for non
compliance with said "law?" Would the
member be liable to prosecution if he
failed to vote as thus instructed? Sup
pose the member from a certain county
was called upon to cast his ballot for
Senator and could show that three-fifths
of his constituents wanted him to vote
for the' Republican candidate, but the
Democratic candidate had secured a. ma
jority of the votes cast at the election;
what course would the member take?
Why, of course he would have to fol
low the Instructions of the law; but if
the Republican should get the- majority,
why, that Would be a subject for further
consideration by our Democratic breth
ren. The law was made to elect non
descripts like Bourne,' Democrats like
Chamberlain, and to defeat Republicans
like Fulton. And it may work out Just
as the framere hope. But we doubt it.
We believe the Republican members of
the next legislative assembly will vote as
the majority of the party dictate.
And the Confusion of Ideas About What
Crime la.
OAK GROVE. Or.. Nov. 28. (To the Ed
itor.) The Oregonian's reply to Brother Cline
seems to make the impression that The Ore
gonian thinks prohibition or the law forbid
ding the sale of liquor was a failure becauee
it did not slop the sals of liquor at Lebanon.
Are we to infer that all laws are a failure
because they do not stop crime ?
i J. Y. Aliirv (jK.
It seems difficult to make this subject
understood. To sell or to drink liquor,
to eat or to wear k thing, to observe
Sunday or neglect the observance and a
thousand things more, not "mala in se"
but only "prohibita," are not crimes.
Nor will the "generality of mankind in
general" so regard them. It can no more
bo a crime to -sell or drink beer than
to sell or eat onions no matter what
anybody may ay about It But all man
kind agrees that it is a crime to steal
or to kill, or to violate the sanctity
of your neighbor's household. No fiction
of law can make a crime of that which
is not a crime.
Dropped In the Slump
Harper's Weekly.
First Wall Street Office Boy Hello,
Chimmy! Takin' any filers dese days?
S-jcond Office Boy Naw! Since I
dropped two bones in de slump I bin
atlckln' to me legitimate business.
Special Service for S41verton, Ash
land Gets Local.
Additional trains and extension In the
present schedule on both the main and
branch lines of the Southern Pacific sys
tem are provided in the new time card
announced at the Harrlman offices yes
terday. The new schedule will become
effective tomorrow. Provision has been
made for a special local train between
this city and Stlverton and an additional
train on the Sheridan division. Other
changes have been arranged, so as to
provide an uninterrupted local train serv
ice from Portland to Ashland.
It was originally intended by the Har-
rtilian 6sieiii iu iuii uiin ui no ic e 1
line motor cars between this city and I
Silverton. but it was found that the car
would not meet the requirements of the
travel on that branch. Consequently, trie
motor car will be placed on the run be
tween this city and Oswego in a few
A special local train will be operated
on the Silverton branch. It will leave
Silverton daily at 7 A. M., arriving in
Portland at 9:30 A. M. Returning, it will
leave this city at 6:20 P. M., and arrive
at Silverton at 8:50 P. M. This train will
make one round-trip daily. Advices have
been received at the Harrlman offices
that the other motor car, which is run
Qng between Dayton and Wallula, Wash.,
is giving satisfactory service.
Beginning tomorrow, the Cottage Grove
train, which has been reaching Portland
at 10:40 P. M., will start from Ashland,
leaving at 7:S5 A. M. Its time of arrival
here will be the same as under the present
schedule. The Southern Pacific now op
erates a local between Roseburg and Ash
land and the extension of the service of
the Cottage Grove train to Roseburg will
give the people, between Cottage Grove
and Roseburg a local train. Train No.
19, which now leaves Portland at 8:15 P.
M., hereafter will depart at 8:30 A. M..
15 minutes later, and will reach Ashland
at 12:15 A. M. instead of 11:30 P. M., as
at present
The Cottage Grove local will continue to
leave Portland at 4:15 P. M. and will run
through to Roseburg, arriving at the lat
ter place at 1:10 A. M. On the West Side
division, Train No. 2, which leaves Cor
vallis at 12:45 P. M., will leave that city
at 1:30 P. M., arriving in Portland at 6:20
P. M. instead of 5:35 under the present
schedule. By the addition of another
train on the Sheridan branch, patrons of
the company will be able to make a round
trip dally between Portland and Sheridan.
Under the present schedule only one train
is operated on this division. The sched
ule for the additional train has not been
finally determined.
A further change in the schedule affects
the Dallas local, which hereafter will
leave the Polk County metropolis daily
at 2:10 P. M., arriving in Portland at 5:55
P. M.. instead of 5:05 P. M.
"We have considered that we were giv
ing the people of Western Oregon an en
tirely satisfactory train service," said
John M. Scott, assistant general passen
ger agent of the Harrlman lines, yester
day, "but with the enlarged service which
is provided for in the new time card, cer
tainly no complaint can result. We be
lieve the improved sen-ice will prove ade
quate for the accommodation of all pas
senger business offered on the main line
between Portland and Ashland, as well
as on the branch lines running Into this
Informal Reception Arranged for
Tonight at Commercial Club.
Judge Robert S. Lovett, head of the
Harriman system, yesterday telegraphed
from Seattle his acceptance of an Invita
tion to meet the business men of Port
land Informally tonight. Accordingly ar
rangements have been made for a recep
tion to Judge Lovett and his associates,
Julius Kruttschnitt and J. C. Stubbs, at
the Portland Commercial . Club, at 8
o'clock tonight. There will be no speech
making and the function Is intended
merely to give the new head of the Har
rlman system an opportunity to meet per
sonally the business men of this city.
Judge Lovett and party spent yester
day Inspecting the Harriman properties in
Tacoma and Seattle. They will return to
Portland some time this afternoon, ex
pecting to leave about midnight for San
Only Obstacle to Portland Service Is
Spokane Franchise.
With the completion of a two-mile
branch from Spokane south to a connec
tion with the Spokane. Portland & Seat
tle, the Great Northern will be ready to
inaugurate a through train service to
this city. Included in the construction of
this short branch Is a tunnel 2120 feet
long. Porter Brothers, the Hill con
tractors, are doing the work, whiijh will
be finished early in December.
When this has been done, the Great
Northern will be prepared to begin its
service to Portland. The only obstacle
yet in the way is a franchise from the
Spokane City Council covering that por
tion of the track within the city limits.
The railroad company has made applica
tion for the franchise.
Railroad Commission Asked to Trace
Up Lost Freight, Stolen Suitcase.
SALEM. Or., Nov. 26. (Special.) J. E.
Henkle, of Philomath. Or., has advised
the Railroad Commission that he had cer
tain goods lost in transit from tho East
and that the Southern Pacific has made
no effort to straighten the matter out,
although the loss occurred a year and a
half ago.
Herman Meyer has written the Commis
sion that on November 7. 1!9, while en
route from Omaha to Portland, and while
the conductor and porter were out on
the d$pot platform, a man entered the
car and stole his suitcase and an over
coat belonging to another passenger. The
Commission has asked the Pullman Com
pany whether It intends to reimburse
Mr. Meyer. ,
Missouri Pacific Must improve.
TOPEKA, Kas.. Nov. M. The state
board of railroad commissioners today
Issued an order to the Missouri Pacific
to put its lines in Kansas in standard
condition by the close of the year 1910.
This order followed the conference be
tween Stubbs and officials of the Missouri
Pacific and is based on letters written
to the board stating the intended improve
ments. '
Railroad Personals.
H. M. Adams, general freight and pas
senger agent; J. Russell, general super
intendent: E. E. Lillie, superintendent of
car service, and C. M. Fowler, traveling
freight agent, of the Spokane, Portland
& Seattle, left yesterday on an Inspection
trip over the North Bank and Astoria &
Columbia River Roads.
H. A. Jackson, general freight and
passenger agent for the Great Northern,
yesterday was advised from the Seattle
offices of his company that the Great
Northern train service had been restored
completely, after a temporary interrup
tion on account of unfavorable weather
Benage S. Josselyn, president of the
Portland Railway. Light & Power Com
pany, is expected to return today from
the East, where he has been' on business
connected with the company's large in
terests here.
W. R. Mclnnes, traffic manager of the
Canadian Pacific, and W. B. Langan, as
sistant traffic manager of the same sys
tem, with offices in Montreal, were in
Portland yesterday.
Scott, of Harriman Lines, Returns
From Trip to Canada.
John M. Scott, assistant general pas
senger agent for the Harriman lines,
returned yesterday from a business trip
to Winnipeg and other Canadian cities
between that city and Spokane. He
was accompanied by W. R. Skey. trav
eling passenger agent for the O. R. A
N. at Spokane, and their mission was to
Interest Canadian tourists In the at
tractiveness of traveling via Spokane
and Portland and the Sunset route to
Southern California Winter resorts. At
the present time the bulk of this travel
goes via Kansas City to Florida. Those
who do visit California make the trip
via Kansas City.
"We believe we accomplished re
sults," said Mr. Scott yesterday, "and
are satisflwl that considerable of this
travel hereafter will he diverted from
the Eastern roads via Portland and the
Sunset route to California. After an
absence of 24 years, I was surprised to
note the remarkable development of that
section of Canada I visited. The people
generally are prosperous and many of
them annually, during the rigid Win
ter season, seek more pleasant regions.
"Among the places I visited was Med
icine Hat. a city of about 10.000 inhab
itants. An erroneous impression pre
vails concerning this place, which is
reputed to be the coldest city on the
American continent. That belief orig
inated from the fact that the first
weather bureau established in Canada
was installed at Medicine Hat, and In
the reports. which were sent out from
that place the city itself was credited
with having furnished the reports of
15 and 20 degrees below zero, although
such reports came from points 600 miles
"Medicine Hat has never been able to
live down that reputation. As a mat
ter of fact, weather conditions there are
much more mild than In any other Ca
nadian city within many miles. While
I was at Medicine Hat the thermometer
registered only a few degrees above
freezing, while it was 15 degrees below
zero at another town less than 20 miles
distant. This remarkable difference in
temperature is explainable from the
fact Medicine Hat enjoys natural pro
tection from severe weather conditions
that other sections of Canada do not
Hr. Scott formerly resided at Mon
treal, and In 1885 served as a member
of an artillery organization during the
Riel rebellion, which occurred in the
vicinity of the cities he visited on this
trip. He met several of his old com
rades and numerous friends he had not
seen for a quarter of a century.
New York Believes Control Will lie
Turned Over to Edwin Hawley.
NEW" YORK, Nov. 2tf. In responsible
banking circles- it was intimated today
that negotiations for the sulo of the St.
Louis & San Francisco railroad to Benja
min F. Yoakum, chairman of the execu
tive committee of the Chicago, Rock
Island &. Pacific Railway Company, were
In process.
The St. Louis & San Francisco sys
tem which was organized in large part
by Mr. Yoakum, is controlled by tho Rock
Island Company through ownership ot
the Chicago, Rock Island & Pacific Rail
way Company.
It is believed Mr. Yoakum will turn con
trol of the St. Louis & San Francisco
over to Edwin Hawley, with whom he Is
already interested in various ventures.
Mr. Hawley. however, controls the Chica
go & Alton and Missouri. Kansas & Tex
as, both of which are in a sense com
peting lines with the St. Louis & San
Spokane to Go on Excursion.
Under the uspices of the Spokane Cham
ber of Commerce the yearly , isonolly
conducted Inland Empire excursion to
Los Angeles will be given in January.
This excursion will leave Spokane on tha
night of January 17 and the party will
spend the following day in this city. The
excursionists will travel in a special train,
on which accommodations will bo limited
to 250 persons. Included In the party
will be a number of prominent people
from the larger cities in Western Canada.
Grandchildren Got $1000 Ench;
Children Remainder of $7 5,00 0.
BAKER CITY, Or.. Nov. 2. (Special.
The will of Mrs. Geiser. just tiled here,
disposes of property valued conservatively
estimated In the petition for probate at
J47.C00 and generally believed to be worth
fully J75.000. The family home at Second
and Madison streets and the household
effects are bequeathed to a daughter. Miss
Louise Gelser, and the decedent's per
sonal effects are divided between Miss
I,ou1ee Geiser and another daughter, Mrs.
Emma Pollman.
The remainder of the estate, after be
quests of J1000 each have been paid to
five grandchildren and all debts and
funeral expenses have been discharged. Is
ordered to be divided equally between
five children, Albert Geiser, of California;
Edward and Frank Geiser, of Portland,
and Miss Irfjuise Geiser and Mrs. Emma
Pollman. of Baker City. The daughters
are named as executriies, with full power.
William Pollman, John Sclnnitz and
Walter Fernald were named as apprais
ers by the Court.
Heir and Executrix to Estate Must
Show Cause.
Lydia Rodney, a spinster 73 years old,
was recently appointed by County Judge
Webster executrix of the estate of Clem
entina Rodney, her sister, must appear
in the County Court at 9 A. M., Decem
ber 4. to show cause why alio should not
be removed. Sanderson Reed, upon whope
petition she was appointed, filed objec
tions yesterday to lier continuance as
executrix of the will, raying that she is
incompetent. It consists of 14 tracts of
land, and seven outstanding mortgages.
Miss Rodney is the solo heir of the de
ceased, who died October 13.
Dayton Secures Electric Lights.
DAYTON, Or.. Nov. 2fi. (Special.
The electric street lighting system now
being installed on the streets of Dayton
bv the Yamhill Electric Company, of
Newberg. is rapidly nearing comple
tion. Lights were first turned on Mon
day night. The city has entered into
a ten-year contract for street lights,
paying $750 per year. Several thousand
dollars has been expended by the elec
tric company in building the Dayton
svstem. it having been necessary to
build eight miles of transmission line
between Newberg and Dayton.
Saturday Half Holiday Ended.
All of the city offices will be open for
business this afternoon up to 5 o'clock,
as on all other business days. The new
ordinance takes effect, and all municipal
employes will therefore have to work,
instead of enjoying a halt-holiday, aa
they have done for the past few years.
Portland Tailor Is Sued.
Abraham Lippman, a tailor living at 70J
First street, is being sued in the Circuit
Court by D. L. Gee and V. Westerlung.
He has- failed, they say, to pay them fot
excavating his basement and an alley
way. and for putting in cement work.
Thev demand $401.50. $100 of which is for
attorney's fee