TETE- MORXTSG OKEGOMAN, AVEDXESDAY, J UE 15, 19IO.
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PORTLAND, WEDNESDAY. JO'B IS. 1810.
ROOSEVELT'S RADICALISM.
Some of the Eastern newspapers
profess to be greatly perplexed by Mr.
Roosevelt's announcement In his Ro
manes lecture at Oxford that he is "a
radical Democrat." The Springfield
Republican, for example, in seeking
to attach some definite meaning to
the expression runs through the list of
well-known radical Democrats, dead
and living, in both parties, but finds
none of them exactly like Roosevelt.
Neither Bryan nor LaFollette, neither
Altgeld nor Hearst, seems quite to fit
the comparison, nor can the Repub
lican discover any radical Democrat
among the Populists or socialists
whose opinions resemble the return
ing tourist's very closely. Our East
ern contemporary draws a rather
vague conclusion from these investiga
tions, that Mr. Roosevelt has given the
phrase "radical Democrat" a signifi
cance of his own, and that he possibly
Intends to embody it in a new political
party "cutting loose from conservative
interests and forming such a radical
party as this country has never seen
before." The Republican puts this
surmise in the form of a question, but
evidently It more than half expects
the answer to be affirmative.
Students of politics are pretty con
fident that a new and radical party
will be formed in the United States
within the next few years, but it is
probably an error to assume that Mr.
Roosevelt will lead it or even belong
to it. There is little doubt that the
new party when it is formed will be
more or less tinged with socialistic
principles. Now the ex-President,
though in many respects he agrees
with the socialistic attitude toward
wrongs, real or fancied, does not agree
with it at all in respect to remedies.
The socialists, to take one example out
of many, believe In the public owner
ship of the means and instruments of
production. Mr. Roosevelt never has
dreamed of such a thing. They advo
cate public ownership of railroads.
The most he asks for is regulation.
They would abolish the Federal Sen
ate. He wishes only to make it a rep
resentative body. In short, Mr. Roose
velt's radicalism goes no farther than
a. sweeping reform of existing institu
tions. He does. not propose to abolish
any of them or essentially alter their
structure.
It Is clear enough, therefore, .that
Mr. Roosevelt has no Intention of cut
ting loose from conservative Interests.
Indeed, from one point of view, in
spite of his profound radicalism, he is
the best conservative in the country.
He possesses a quality of mind which
is exceedingly rare among the admir
ers of things as they are, namely, the
ability to perceive that constant re
form is necessary in order to prevent
revolution. He advocates reform not
from love of change, but to prevent
destructive change. He seeks to abol
ish special privilege in order to pre
serve the institution of private prop
erty. He has the intelligence to per
ceive that abuses and privileges are
the sure forerunners of revolution and
that revolutions sweep away not only
the wrongs which started them, but
also the rights which they sought to
regain. The socialists hate nobody
quite so bitterly as Roosevelt, and the
reason for it is the fact that they know
he is taking the wind out of their
sails. By admitting the existence of
abuses and seeking frankly to remedy
them, he is doing conservatively what
the socialists would do by way of rev
olution if they had the power. They
make no 'bunders in interpreting the
Rooseveltian radicalism. They under
stand perfectly well that it is the only
safe bulwark that there is left to con
servative interests.
It may very well happen that when
the new alignment of parties comes
Mr. Roosevelt will be found at the
head of the conservatives, not in spite
of his radicalism, but because of it.
The British Tories have gained all
their modern victories by adopting
radical programmes. They have iwon
no fights by reactionary policies, and
our American conservatives will per
haps be driven to take a lesson from
their tactics in the end. If they build
their party on Mr Roosevelt's radical
ism, it will simply take them back to
the doctrines which the republic start
ed with and which our bc3t statesmen
have always taught. In his demand
for "equality of opportunity," Roose
velt merely repeats Lincoln's funda
mental principle. The two men differ
not a particle in their love of the com
mon people and thorough understand
ing of them and both contend that
human life and happiness should be
made the primary concern of govern
ment, with the interests of wealth in
the second place. This is one side of
Roosevelt's radicalism, and it par
tially accounts for his tremendous
hold on the masses. But there is an
other side. To find the exact parallel'
for it we must go back to Benjamin
Franklin with his fondness for homely
morality and his eternal harping on
the trite virtues. To the unbiased
student Roosevelt's character presents
a curious combination of Lincoln and
Benjamin Franklin with a third qual
ity which neither of those great men
possessed.. This quality is a buoyant
youthfulness, a fondness for adven
ture in every realm of human activity.
To the sedate he Is attractive as a
preacher of morality. To the re
former he offers far-reaching designs
against the wrongs cf privilege and
the outrages of predatory wealth. To
the young men of the country he em
'bodies the hope, the ambition, the
tireless energy of youth. He is not
disillusioned and he never can be. His
sky Is forever blue, his east eternally
glows with roseate dawn. He marches
In the splendid panoply of faith, and
that Is why so many men whose faith
is bright are disposed to march with
him.
MTI.WAl KIE'S BARREN VICTORY.
The plucky town of Milwaukie is
learning a good deal about the possi
bilities of the law's delay, but we trust
that its faith will be fortified by the
experience. The obvious purpose of
the street railway company in appeal
ing the case from the Supreme Court
of Oregon to the Supreme Court of
the United States is to obtain a respite
of three r four more years during
which It can go on charging a 10-cent
fare. In the meantime, the work of
the Railroad Commission and the Ore
gon courts is of no consequence, and
the people secure no relief. Of course
there is the rebate check, but who is
likely to lay up all he receives day
after day for three years and present
them at the end of that time? Some
people may, but the great majority
will lose most of their rebate checks
and the company knows perfectly well
that they will. Thus the result of the
appeal will not be unprofitable, how
ever it may turn out.
It does seem as though, when a suit
"has been decided by tribunal after
tribunal always in the same way, there
ought to be more or less of a presump-.
tlon that it has been decided correct
ly. After it has reached the Supreme
Court of the state and has been passed
upon there, the decision ought to be
in full effect until it has been re
versed. This Is manifest justice. Mr.
Loeding will now have to revise his
opinion that attempts "to prolong liti
gation Indefinitely are no longer per
mitted by the courts."
The Railway Commission decided
this cause in favor of Milwaukie in
1907, but the decision was held up by
an injunction. In 1908 Judge Galloway
again held for Milwaukie, but again
the decision was made -a mockery by
an appeal. Now the Supreme Court
of the state gives the town a third
barren victory by deciding in its favor,
but taking the substance out of the
decision pending an appeal to Wash
ington. Was there ever a better in
stance of that hope deferred which is
said to have a depressing effect upon
the heart? One can only trust that
the Milwaukie townsmen will be of
good courage and that some of them
may live to see their lawsuit finally
settled.
POPULAR- BOND SUBSCRIPTION.
Portland wants the Broadway bridge
to be built. There is no mistaking
either the public sentiment or the
general determination on that subject.
The question was definitely passed
upon once by a "decided majority. If
it were to be submitted again, the vote
would be overwhelming. Yet various
obstacles have conspired for delay.
The Government in the beginning
made some objection to the proposed
bridge draw, but that difficulty was
amicably adjusted. Then there was
the problem of the landings at both
ends where opposing railroad interests
set up various contentions. Here, too,
things are In fair way of satisfactory
settlement because of the conciliatory
attitude of all parties. Then trouble
some litigation interposed. It ,was,
and is based on flimsy technical
grounds, and, to put It mildly, was not
inspired toy any obvious desire for the
public good. The courts, seeing the
contemptible nature of these proceed
ings, have so far resolved them in
favor of the city.
Now there is trouble about raising
money for construction of the bridge.
The bond market is stagnant. It Is
not easy to borrow money for any
public purpose at advantageous rates.
Buyers will not offer a fair price for
even so sound and remunerative a se
curity as a bridge bond backed by the
City of Portland. Yet a beginning
must toe made on the Broadway bridge.
Money must be had now. The Mayor
has undertaken to raise $250,000 by
a popular bond subscription. Why
not? It is a good investment. The
bridge Is a great, public enterprise.
There is plenty -of money in Portland.
It would seem that here Is a fine
opportunity for the banks of Portland
to act as a fiscal agent for the city
in. the placing of these bonds, for it
ought to be easy for the banks to
place these and, more like them when
the time comes. Will the banks do it?
AN UNWARRANTED DEMAND.
The New York Evening Mall makes
a vigorous demand on the President
for the veto of the river and harbor,
bill. It asserts that the bill throws
away money at a time when the Na
tion needs to economize. The New
York Paper, in Its denunciation of the
measure, mentions the following as
some of the shortcomings of the bill:
It nurses along a number of foredoomed
projects, the mistakes of past xTongresses,
instead of writing them off the books. It
develops tributary streams and leaves trunk
rivers undeepened a policy out of Bedlam.
It takes a long chance In behalf of projects
merely possible rather than either probable
or Indispensable. It drlbbies away publlo
funds here and there at a rate -that will
postpone the completion of projects and
their possible use for generations.
As a substitute for a 'bill of this na
ture, the Mail states that "the next
river and harbor bill to come before
Congresss. and all such bills there
after, ought to be based squarely on
the principle of requiring communities
which ask Federal aid to share the
expense." By this means It is hoped
to "confine appropriations to the le
gitimate field of improving harbors
and deepening those rivers which, on
account of their position, are the ar
teries of a promising commerce."
If there is any port in the United
States that is not in a position to crit
icise river and harbor appropriations,
that port is New York, for the Federal
Government has expended more mil
lions in deepening that harbor than
have been spent at any other district
In the United States. Portland is a
community that has not only borne
a good portion of the expense of river
Improvement, but this city has im
proved a harbor and deepened a chan
nel which has been of inestimable
value to the entire Pacific Northwest.
We have at times had rainbow-chasers
endeavoring to secure appropriations
for the upper reaches of streams trib
utary to the great "trunk" . water line,
the Columbia, while neecssary appro
priations for the lower" river were
placed In jeopardy, but very few proj
ects of doubtful value have ever been
included in the Pacific Northwest por
tion of the river and. harbor bill.
If the Mail can offer any logical
reason why the Federal Government
should spend millions Improving New
York harbor without receiving any as
sistance from New York, and, at the
same time, refuse aid to Portland or
other cities. It would toe interesting to
note the particulars. The river and
harbor bills of the past have at times
embodied some very objectionable fea
tures, but they now possess much
greater merit than ever before, and
serious loss would result if the Presi
dent should follow the poor advice of
the Mail and veto the bill.
PORTLAND NEAR THE TOP.
Official statistics of the Department
of Commerce and Labor for the first
eleven months of the fiscal year now
drawing to a close show Portland in
second place among American wheat
exporting ports, while the flour ship
ments from Puget Sound are exceeded
by those of but two other ports. The
burning of the largest mill on the
Pacific cbast cut down Portland's flour
shipments, but. with Portland so near
the lead on wheat and Puget Sound
In a similar position on flour, the Pa
cific Northwest makes a remarkably
fine exhibit. These figures, while
they show to most favorable advan
tage the prestige of the two ports of
the Pacific Northwest, also reflect a
scanty population, for from no other
locality in the United States is so large
a percentage of the crop exported, the
consumers being so few in number
that the demand for home consump
tion is inconsequential. At the same
time there is an increase in tooth yield
and consumption and the limit of pro
duction has not yet been approached.
In the official figures of the de
partment. New York is credited with
exports of something over 10,000,000
bushels of wheat, while Portland's
exports were 5,745,000 bushels. New
York, however, has no coastwise grain
trade of consequence, and, while Port
land Exported nearly 6,000,000 bush
els, this port also shipped to California
3.637,935 bushels, making the -total
exports, foreign and domestic, nearly
10,000,000 bushels. The population of
the territory tributary to Portland is
increasing rapidly at present, but with
the new territory that is brought in
by the North Bank line and its con
nections, by the Idaho railroad exten
sions, and by the new lines into Cen
tral Oregon, it is not at all improbable
that a few years hence will see Port
land at the head of "the list of Amer
ican wheat-shipping ports. There is
undoubtedly an economic advantage
in consuming as large a portion of the
crop as possible at home, tout wheat
has done much for Portland and the
Pacific Northwest, and for many
years will continue to be a most prom
inent factor In all branches of trade
In this territory.
AN ERROR IN FICiURES.
"Even with the thirteenth decennial
census furnishing a total of approxi
mately 242.000, obtained under ex
tremely unfavorable circumstances,
there is indisputable evidence that
Seattle today is a city of not less than
295.000 with Portland 205,000, Spo
kane 100,000 and Tacoma 100,000
thus establishing Seattle pre-eminent
among the cities of the Pacific North
west," says the Seattle Times in a
double column of argument and sta
tistics, printed for the purpose of
showing how great a mistake the cen
sus taker is supposed to have made
in the recent count. Among other
statistics which are used in this dem
onstration of Seattle's greatness is the
school census compared with the pop
ulation. Unfortunately for the accu
racy of the Times' estimates and com
parisons, a mistake was made in the
Portland school census figures.
The 1900 Federal census credited
Seattle with 80,671 people, of which
18,212 were schoolchildren. This
showed a ratio of 4.43. The Times
gave the correct figures on Federal
census for Portland (90,426), but
placed the school census for that year
at 23,211, thus showing a ratio of 3.89
for Portland. Commenting on these
figures, the Seattle paper states that
"The foregoing statistics are remark
able as showing the relatively higher
ratio that must be employed in the
case of Seattle." As a matter of fact,
the number of "children of school
age" In Portland, according to the
1900 census, was 20,629, and not
23,211, as reported by the Times. This
figure shows a ratio of 4.38, compared
with, 4. 43 for Seattle, the difference
being hardly great enough to warrant
Seattle's claiming 90,000 people more
than the Times is willing to give Port
land credit for.
The use of the school census fig
ures for one year in connection with
the Federal census figures for a pre
ceding year was, of course a mistake,
always liable to happen in careless
writing. It is by reason of mistakes
that so much misinformation regard
ing the actual population of Seattle
was placed In circulation before the
official census was taken.
THE POSTAL SAVINGS BANK BILL.
Assuming that the Postal Savings
Bank bill will become a law, it Is im
portant as well as interesting to learn
of the system it creates. It provides
for the organization of a board of
trustees for the control and adminis
tration of postal savings depository
offices, the board to consist of the Sec
retary of the Treasury, the Postmaster-General,
aryi the Attorney-General,
acting 'ex-officio.
The board is authorized to designate
such postoffices as it may select to be
depository offices which are required
to receive deposits of funds from the
public. Accounts may be opened by
any person of the age of ten years or
over, and by a married woman in her
own. name and free from any control
or interference toy her husband.
Interest at the rate of 2 per cent a
year will be allowed on all deposits.
Before an account can be opened, at
least tl must be deposited, and to help
a person to acquire this sum, special
stamps may be bought for 10 cents
each. No person can deposit more
than $100 in any one calendar month,
and the balance any one person may
have never can exceed $500, exclusive
of accumulated Interest.
One of the interesting features of
the bill and one which has been wide
ly discussed is the provision for bonds
of small denomination. These are the
basis of the National financial strength
of France. Any depositor by surren
der of his deposit may- receive United
States coupons or registered bonds of
the denominations of $24, $48, $72,
$100 and $500, which shall bear in
terest at the rate of ZVt per cent per
annum and redeemable at the pleas
ure of the United States after one
year from the date of their issue.
Postal savings funds must be depos
ited In solvent banks, whether Nation
al or state, and subject to National
or state supervision and examination,
and the sums deposited must bring
Interest at the rate of not less than
2 14 per cent per annum. The banks
must secure the Government by public
bonds supported by taxing power. The
amount - deposited in any one bank
shall at no time exceed the amount of
the paid-in capital and one-half the
surplus of such bank.
Five per cent of all funds must be
transferred to the National Treasury
as a reserve. Not more than 30 per
cent of the amount of the. funds may
be withdrawn by the trustees for investment-
In bonds or other securities
of the United States.
. Sixty-five per cent of the deposits
must remain in the communities where
made. This money can be withdrawn
for investment in bonds or other se
curities for the United States only toy
direction of the President.
Congressman Humphrey's deep
seated regard for American trade did
not die out when the ship subsidy bill
was put to sleep for another session.
Mr. Humphrey yesterday introduced a
bill levying a discriminating duty of 10
per cerit a-1 valorem on all dutiable
goods Imported in foreign ships be
longing to or controlled by any com
bination which fixes rates. The only
combination that is know-l to fix rates
Is the International Sailingship Own
ers' Union, and the only rates It makes
are on outwar J cargoes f grain from
the Pacific Coast. Even the un on rate
Is abnormally low. On inward cargoes
the American importers pay .the low
est freight rates quoted anywhere In
the world for a similar distance. With
these low freight rates, it might be
possible to pay this 10 per cent toll,
but the consumers who will be most
affected will harCly approve of the
bill. This is a poor time to attempt to
Increase the cost of living even by
10 per cent discriminating duty.
J. W. Cusick of Albany, who died
Monday," fairly represented the men
who made Oregon. Of the pioneer
era, his early life in this state was a
struggle, ever sustained by courage,
energy, self-confidence and unflagging
Industry. To his bank, which he estab
lished at the county seat of Linn, he
brought probity of character and sound
judgment and conservatism in financial
and business matters. So strong was
his hold on public confidence that his
was one of the private banks of the
state that stood the disastrous storm
which broke in 1893. In all the ac
tivities df life, Mr. Cusick was a de
pendable man.
Much of the sympathy extended to
Gladys Emery Aoki when her life
tragedy reached the divorce stage will
"withdrawn now that she has re
considered her determination to leave
her Japanese husband. It Is, of course,
Impossible for any good cr any happi
ness ever to come out of this ill-starred
match, and the withdrawal of the
present suit is merely a postponement
of the inevitable. It is impossible for
the Emery girl to lift her brown
skinned husband to the ph-ne of life
for which she was reared, ani the only
possible happiness for her is to be
dragged down to his level.
Three new trains between Portland
and Puget Sound will go into service
next Sunday. That will make 10 pas
senger trains a day each way. The O.
R. & N: sends out half a dozen over its
line and the Southern Pacific even
more. Yet the man is but a little
more than old enough to vote who can
remember when one consolidated East
ern train left every afternoon, and the
train south connected with the stage
line. Verily, Portland is growing.
A gay old joy rider, who was one of
the automobile party that capsized
while bound for a Linnton roadhouse,
reported to his wife on his return to
the hotel that he had lost a consider
able sum of money, whereupon the
lady hired another taxi and went out
to look for the money. The incident
offers a great field for cor jecture as to
whether a great and abiding faith or a
large and growing suspicion prompted
the salvage trip of the lady.
Some complaint is being made of a
shoaling in the harbor near the east
end of the Morrison-street 'bridge.
There Is still a large amount of low
land on the east side that needs fill
ing, and, with such an excellent dump
ing ground, there should not toe much
difficulty in getting some of this sand
and gravel out of the river, where it
is not wanted, and on the low lands
of the East Side where it is needed.
After all, common sense looks pret
ty well in court. In Judge Burnett's
hands it makes an appearance fully as
creditable as technicalities and delays.
Perhaps legal fashions may change
sometime and prompt decisions such
as he makes may become the rule in
stead of the rare exception in our
tribunals.
The Puget Sound Baptist Associa
tion does not approve of barroom
evangelism. In condemning "funny
stories and vituperative language" it
takes a step toward restoring decency
and Christian charity to some pulpits
which had almost forgotten those
graces.
The propriety of addressing the late
E. J. Baldwin as "Lucl-y" has been
vindicated. The appraisers of the es
tate find the value of the real and
personal property to be more than
$10,000,000. '
What would Aviator Hamilton call
a "real flight"? From New York to
Philadelphia and back does not come
under that head, in his opinion. How
would an aerial trip round the world
do?
The Government Quartermaster
General may withdraw a few clerks
from Portland, but he is compelled to
buy supplies here.
A Los A tgeles Judge has decided an
empty gun is not a. deadly weapon.
Despite this opinion, any gun is deadly
when "toted." That is (what the gun
Is for.
A local contralto, who sometimes
strikes a frost in Sum; irtime, says
Portland "is a hole in the ground."
The sweet singer should crawl In.
When Senator Dolliver mentioned
Dr. Cook and tho tariff as the two
great hoaxes of the past year, why
did he slight Halley?
As a curtain raiser for the season,
Glen Curtiss got his name on the first
page; then Captain Rolls; now Charles
Hamilton. Next!
A tidal wave along the Atlantic
Coast this week is within the possibili
ties. The Colonel is nearly half-way
across.
Freewater, In Eastern Oregon, voted
itself "dry" Monday. There is some
thing or nothing in a name,.
At any rate, there Is demand for
municipal bonds here at home In
limited quantities.
TEXT OF BROJf ATJGH'S DECISION
George T. Myers Labored Under In
sane Delusion Is Court's Opinion.
Circuit Judge Bronaygh's opinion in
the George T. Myers' will case, uphold
ing the decision of the County Court,
setting aside the will, is printed in full
below. It fully reviews all of the testi- j
mony In this famous case, which Is con
sidered of importance by lawyers in view
of the tendency of the Oregon courts to
uphold wills. Judge Bronaugh held, how
ever, in the present case that George T.
Myers, while in his ordinary affairs a
careful, shrewd and competent business
man. had been laboring under an insane
delusion when he cut off his daughter,
Mrs. Georgia Frances Stevens, with
$20,000. This delusion arose after the
death of Mrs. George T. Myers and con
sisted of the belief that Mrs. Myers had
not received proper medical treatment
from Dr. S. A. Robinson, for whose
services Mrs. Stevens was held respon
sible by her father. Judge. Bronaugh held
that the medical treatment prescribed by
Dr. Robinson in Mrs. Myers' illness was
correct. Judge Bronaugh's opinion in
full is as follows.:
This Is a contest over the will of George
Tobias Myers. Sr. The will was admit
ted to probate In common form by the
County Court In this county and afterward
a contest was instituted by Georgia Frances
Stevens, a daughter of the testator., against
her brother. George Tobias Myers. Jr.,
contesting the will on the ground, amongst
other things, of the incapacity of the testa
tor to make a valid will at the time the
will probated In this proceeding was exe
cuted. The testator left only two children,
his wife dying prior to his death, Mrs
Stevens and Mr. Myers, Jr. A great deal of
testimony was taken In the matter relative
to the last illness and death of Mrs. Myers,
wife of the testator. That Is alleged to be
the cause of the alleged delusion on the
part of the testator which incapacitated him
from making a will so fas as this contest
ant is concerned.
It la charged that Mr. Myers; after the
death of his wife, conceived the Idea that
his daughter, Mrs. Stevens, and Dr. S.' A.
Robinson, who was In attendance upon Mrs.
Myers, had exercised an Influence over Mrs.
Myers that prevented her having other
medical attendance, and that the medical
treatment accorded to her was not proper,
and that by reason of having conceived
this Idea. Mr. Myers allowed It to prey upon
his mind to such an extent that he con
ceived a very great enmity for Dr. Robin
son and also for Ifui daughter. Mrs. Stevens.
The matter was tried out before the
County Court, evidence taken at great
length, and resulted In findings ' by the
County Court. In .favor of the contestant,
and a decree setting aside the will on the
ground that the testator was not mentally
qualified to make a will at the time this
will was executed. It appears clear from
tho testimony that Mr. Myers, after the
death of his wife, some short time after
wards, became possessed of the idea that
his wife had not been given propter medi
cal treatment. It seems that Mr. Myers
had depended very largely upon Mrs. Myers
as a companion, cousellor and advisor in all
of his affairs, business and otherwise, and
that he felt the loss with more than ordi
nary keenness. This thought that she had
not been accorded proper medical treatment
seemed to have been with him at all times
and He expressed himself with great fre
quency and with great rancor and severity
with reference to It. It also appears from
the testimony that Mr. Myers and Dr. Rob
lnson had been very close and warm per
sonal friends for many years, a closed
friendship than ordinarily obtains between
men. That Mr. Myers had reposed the
utmost confidence in the professional ability
and skill of Dr. Robinson. It also ap
pears clear from- the testimony that Mrs.
Myers had absolute confidence In Dr. Rob
inson, and that his attendance upon her
was In response to her most urgent re
quest. There was a great deal of testimony
taken upon the question as to the nature
of the Illness from which Mrs. Myers suf
fered for some months prior to her death,
as to what the natua of it was, and a good
deal of conflicting testimony as to the diag
nosis of the case and the treatment required
Is In the record; Some two or three months
before her death, she was found to be Buffering-
from an abcess in the abdominal
cavity, or in that portion of the body, and
there seems to have been some disagree
ment amongst the doctors as to what the
real nature of that disease was. Those mat
ters are only material as showing the
spirit and mind that actuated Mr. Myers
after his wife's death.
The courts of this state have gone as far.
I suppose, as any state in the Union, farther
than most 'courts. In upholding wills. I
know it is a matter of history that ' in
many jurisdictions the custom seems to
have been to set aside wills rather than
uphold them. That has never obtained in
our state, and our courts have gone to ex
treme lengths In upholding testamentary
capacity of testators, as a review of the
decisions of the Supreme Court of this
state from the early tlmea down to the
matter of Plggotfs will, in 49 Oregon, will
attest, and. In my opinion. It is well that
they should have taken the course they
have. It Is well that the right of testa
tors who are capacitated to make wills
should be upheld, rather than otherwise.
The right of a person to dispose of his prop
erty as seems best to him should be sus
tained. In this case, a careful review of the testi
mony and the brief and argument of coun
sel, on which X have spent much time, leads
me to the conclusion that so far as the
medical treatment was concerned, .Mrs.
Myers had the best of treatment. anil that
the diagnosis of the case by Dr. Robinson
and the treatment accorded it was un
questionably correct; and the testimony
fails to exhibit to my mind anything to in
dicate any sound reason for the Idea or
conception that she had not been accorded
proper medical treatment. 1 think the
overwhelming preponderance of the medi
cal testimony is to that effect and will
sustain that conclusion.
The case really turns upon the testimony
as to the manner and conduct of Mr. Myers
In the months following his wife's death.
Testimony was taken on both sides with
reference to that. Other things being equal,
postlve testimony Is always of greater
weight than negative testimony. -A. large
number of witnesses testified with refer
ence to erratlo conduct on the part of Mr.
Myers, of violent outbursts of temper and
denunciation of Dr. Robinson and of his
daughter, Mrs. Stevens' alleged Influence
over his wife, and undue Influence over her.
even going to greater lengths and extremes,
which It Is not necessary to refer to here.
The witnesses who so testified were persons
of repute, and no attempt 'Was made to im
peach their testimony. A large number of
witnesses testified, on the other hand, that
they did not observe such manifestations
on the part of Mr. Myers. But the testi
mony of witnesses to the positive fact- of
his violent demonstrations must of neces
sity, while not more credible, be of more
weight than negative testimony as to the
mere lack of observing such manifestations.
Upon review of all the testimony and
applying the law as announced by the au
thorities cited by counsel, I am led to the
conclusion that Mr. Myers, upon the ques
tion of the relations of his daughter and
Dr. Robinson to each other and to Mr.
Myers, was undoubtedly laboring under an
Insane delusion. I cannot arrive at -any
other conclusion after a review of the tes
timony in the case. Iri view of the testi
mony as to the ordinary manner and habits
of Mr. Myers as a careful, shrewd and com
petent business man, his manifestation of
mental condition on this one subject neces
sarily leads to the conclusion that he was
not of sound mind on that subject. Z think
the County Court was correct in the con
clusions which It reached and In the find
ings which it made In this matter, and I
am constrained to find In accordance with
the findings of the County Court, and It
will be so ordered.
Ruminations) of n Retuoner.
Smart Sef.
Beauty is only purse deep.
It is natural instinct to prefer a rent
In your conscience to a patch on your
clothes.
A neighbor is a person of whom we
may borrow. A nuisance Is a person
who borrows of us.
Money has a refining Influence, but too
many of the rich haven't had it long
enough.
It's naughty to flirt unless you are in
earnest, and then you can't.
To most of us flattery sounds more
like the truth than the real article.
Anybody can play the fool, but he is
a rare genius who plays it and receives
the applause of the multitude.
Coming home late is the mother of in
vention. Lost Their Own Scalps).
The Dalles Optimist.
Pinchot, Garfield, Glavls, Newell,
Jones and Kerby were all after Bal
llnger's scalp, but lost their own in
stead. The fight against the Secretary
was one of the most disgraceful affairs
that has happened at Washington for
a long time. It now looks like Garfield
was the prime mover in the scrap.
. HIGH COST OF CONSERVATION.
Officialdom Devours) With Growlag
Appetlto and Progress la Curtailed.
Lewiston (Idaho) Tribune.
We are told that "conservation" '' of
Western native resources is a great fad
in the Bast, and that a public man there
cannot hope for success unless he advo
cates the policy much on the same line,
as it is claimed public men cannot afford
to do other than advocate calamitous pol
icies elsewhere, if they bear the "reform"
label. It is needless to say the conten
tion is wickedly foolish In -both instances.
and has only gained ground because pub- j
lie men have been too weak and too ser
vile to stand up for sound doctrine, pre
ferring to rely on party strength to pull
them through on. any sort of doctrine.
Boston Is supp'osed to be the hotbed of
conservation, one reason being it is at
tne other end of the continent from the .
thing to be "conserved" and is therefore I
peculiarly qualified to dispose intelligently
or tne questions involved. But Boston has
been misrepresented, as has everything
else connected with conservation. The
Christian Science Monitor handles the
subject in an able and cautious manner,
in summing up the net results of the poU
icy. It finds "A basis for much com-
plaint is found in tlie methods which, it '
is alleged, the promoters of conservation
have used to arrest and hold popular at
tention. The most alarming statements
relating to what were called the dimin
ishing natural . resources of the country
found their way somehow into circula
tion. Almost . without exception these
have 'been completely refuted, but they
were put forth at a time when the publio
mind was troubled by the increase in the
cost of living, and they contributed very
materially toward Inflaming sentiment."
In other words, the policy was adopted
because of grossly false and fraudulent
statements, proven as such, and those
frauds have permeated the system from
then until now. The Monitor continues:
"The net profit of the conservation move
ment is to be found in the fact that we
have halted long enough in our outward
course to survey the situation thoroughly,
to take an account of stock and to make
a new start along safer and saner lines.
The mere alarmist will receive less cre
dence, the hand of honest enterprise and
Industry will be held up, and conservation
will not be taken to mean stagnation any
more than development will be confused
with spoliation."
That is a pretty fair and sensible ex
pression to originate in New England in
tellectual quarters, where one would rath
er expect to find dogma and esthetics pre
vail over mere questions of labor, wages.
Industry, production and other means of
human existence and welfare. Why not
figure out the "net results" proposition
a little further? Even the Pinchotites now
concede that their policy of closing up
the native resources is not wise and they
then resort to the excuse that the Gov
ernment ought to get something more than
it did for water power, coal, timber,
grazing, etc. Very well. On that line the
Government now gets annually something
like $1,500,000 and in getting it expends
$5,500,000. At that rate in 10 years the
Government will have expended $40,000,000
above receipts as the net results of crip
pling the West and driving hundreds of
thousands of people and hundreds of mil
lions of money to Canada. The receipts
will grow, the Pinchotites apologize, but
not so fast as the expenditures and the
deterioration will grow. In 10 years the
Government will more likely have levied
upon the people a hundred millions of di
rect taxation, and many hundreds of mil
lions of Indirect taxation in order to carry
out this policy. Is Pinchotism. and all it
has been shown to mean, worth it?
WHY TIFT WILL NOT BE PRESENT.
Presidential Dignity Precludes Attending-
the New Yorlc Reception.
New York Tribune.
The announcement that President
Taft will not go to New York-to meet
the ex-President should cause no sur
prise. John A. Stewart, of New York, came
to see the President and urged him to
be present at the reception to Mr.
Roosevelt. "It Is my earnest desire to
do everything in my power which will
contribute to the success of the event,"
was. In substance, Mr. Taft's reply, but
he added that he would make no defi
nite decision until he had an opportun
ity to consult William Loeb, Jr., for
mer secretary to Mr. Roosevelt, and
then in New York immediately after
Mr. Stewart's visit it was announced
in the press that President Taft would
go to New York. Soon thereafter, on
February 15, to be exact, Mr. Loeb
came to Washington, and Mr. Taft ex
pressed to him his desire to do every
thing in his power to make Mr. Roose
velt's reception an unparalleled suc
cess, but told Mr. Loeb he would abide
entirely by his decision. Mr. Loeb, who
had been authorized to represent the
ex-President in all the arrange
ments regarding the reception, told Mr.
Taft that In his judgment the Presi
dent of the United States should not go
to New York to meet any one, and sub
mitted reasons which so strongly ap
pealed to Mr. Taft that he then and
there decided not to go. It is doubt
ful if when President Taft accepted
the - Invitation to go to the Vlllanova
commencement he even remembered
that it would be held on the date set
for the reception of the ex-President.
Arrangements will be made immedi
ately on Mr. Roosevelt's return for a
meeting between him and the Presi
dent under auspices more favorable
than could possibly exist on the day
of the Colonel's return, which neces
sarily will be crowded with events of
a formal character and the reception
of many Individuals with whom the
meeting will be far from intimate.
BIG GUNS USED IV PRACTICE
Puget Sound Forts Will Fire Shells
n Weighing Many Pounds.
VANCOUVER BARRACKS. Wash..
June 1. (Special.) To be present at
the annual target practice at Forts
Flagler, Worden and Casey, all on Puget
Sound, Captain - Archibald Campbell,
chief ordnance officer of the Depart
ment of 'the Columbia, left tonight for
several days' absence.
At these forts the rapid-firing 8-inch
guns, ejecting a 15-pound projectile, will
be flred 40 times.
Twenty shots will be fired, from tlie
6-inch guns, throwing 100-pound pro
jectiles. The 10-lnch guns will be fired 85
times. These guns use projectiles
weighing 575 pounds, and to shoot each
one requires 155 pounds' of powder.
The mortars will be shot 42 times,
throwing at each shot a projectile
weighing 1046 pounds. These mortars
are capable of throwing over half a ton
of iron more than four miles high.
The 10-inch guns can throw a pro
jectile 675 pounds in weight from 12 to
14 miles, but in the target practice the
moving targets will be between four
and five miles distant.
In these annual target practices the
old powder is used. The projectiles are
made of old cast iron, which is Inexpen
sive. In real warfare, however, the best of
powder Is used, and the projectiles are
steel.
.Each shot flred from a big gun short
ens its life perceptibly. These guns cost
about 140,000 each.
"One" aa a Pronoun.
Idler.
I have never been smitten with Jhe
use of the word "one" as a pronoun. It
takes a word juggler to attempt it and
get away with it. Unless one feels
that one has won one's spurs in this
respect and can extricate oneself from
the mess one gets oneself and one's
readers Into, one should avoid the use
of the word "one" in referring to one
self as one would a plague.
SEATTLE'PRUSES ROSE FEStYv
Suroeatfons to the Automobile CI
a for Next Tear.
SEATTLE. June 13. (To the Editor
We left Portland Saturday morning, la
In that drenching rain, but succeeded
driving the car through to Seattle
schedule, remaining in Kelso Sattuj :
night, and reaching Seattle comforta
on Sunday night.
I want to compliment Portland on ?
general excellence of the Rose. Festiv
and the splendid response of the pec
to it. Also I want to say that so
of- the roads around Portland constlt.
an automobile paradise- I am alrea
nrmiy intending to go down next year
your Festival and remain two wee
so that I can try all the roads w
my own car. This time I tried
of them and wanted more, but hat
quit and come home.
I want to make one or two little
servationa for consideration and ask 1
Oregonian to file them away where tl
win come up to you about next M
Then read them through again, and.
they sound sensible, have them put
eneci tor next year's Festival. Th.
suggestions are:
(1) I think the Portland Automol
Club should have given some sort of
cepuon. possibly at the finlf dub-
all visiting automobilisirs Tk the s
attle bunch, for instance: we nushed rl
cars an miles over all sorts of roa
.. -
ana when we arrived in Portland the .
tent of our welcome was a free ran
While this was much appreciated. It 1
many oi us reeling that someone had n
lald the glad hand In the crush.
To my mind, it would have been f
nice If the Portland Automobile C".
could have rounded up the visiting cJ
for one afternoon, and riven us all I
chance to meet one another, and evrl
visiting motorist a chance to meet a
talk with the officers of the Forth
club. A -very modest luncheon, or eve
cup of tea under the trees, would hr
Deen surnclent excuse to got us togeth
in my case, I was in Portland fr
Monday night at 6 o'clock until Suture
morning at 9 o'clock, and outside of
feW DerSOnJtl f r-1 Tl . ; L- T aT nn nn.-k
I think these two clubs should wl
together to get a dandy road from C
halls south the road from Chehalls
this city now being In good shape. C
tainly no better opportunity to start si
a campaign could be afforded than 1
presence ia your city of 75 to 100 visit
cars.
(2) Some provision should be ihs
whereby accommodations could be
served for automobile parties. I
six automobile parties arrive at the O
gon after I got there, only to be turr.
away. I had reservations which I ma
three weeks in advance.
(3) I think a prize should be hung i
if it Is only a piece of ribbon, to
competed for solely by the visiting ca
to not take these suggestions in a
sense as complaints. My party, at lea
naa a mighty good time, and I fully
tend to go down again next Summer.
SEATTLE AUTOMOBILISTl
"Dad, Here's to Yon."
Canada Exchange.
We happened In a home the oth
night and over the parlor door saw t
legend, worked in letters of red, "vr
Is Home Without Mother?" Across t
room was another brief, "God Bless C
Home.'
Now what's the matter with "God Bl
Our Dad?" He gets up early, lights t
fire, bolls an egg and wipes off the d
of the dawn with his boots while ma
a mother is sleeping. He makes t
weekly handout for the butcher, t
grocer, the milkman and the baker, a
his pile Is badly worn before he has be
home an hour.
If there is a noise during the n5-
dad is kicked In the back and made
go down stairs and find the burglar a
kill him. Mother darns the socks, hi
dad bought the socks In the first pla
and the needles and the yarn afterwar
Mother does up the fruit; .well.
bought it all, and jars and sugar . c
like the mischief.
Dad buys the chickens for the Sund
dinner, carves them himself and dr
the neck from the ruins after every o
else is served. "What Is Home Withe
a Mother?" Yes, that is all right; li
what Is home without a father? T
chances to one it's a boarding hou;
father is under a slab, and the landla
is the widow. Dad, here's to you you
got your faults; you may have lots
'em but you're all right, and we w
miss you when you're gone.
Elisabeth's German Garden.
WELLES, Or., June 12. (To the E
tor.) Two of us, in camp so far fro
proper references, are In friendly cont
versy about the title of a book. "v
you please help us out?'
One claims that "Elizabeth and H
German Garden" is the title of a we
known and much admired book.
other claims he knows of no such boo
but does know well "Elizabeth and H
Garden." Which Is correct? Are the
two books with this similitude, of ti
and both well Jcnown? We shall, btMl
appreciate a word from you on the su
ject very much.
. JAMES R. BARBOUR.
The title Is the one you first mentio
"Elizabeth . and Her German Garden
If there is a book bearing the last-me
tloned title we do not know of it.
Is not in tfie Portland Public Library.
Value of a 5 Coin.
RAINIER, Or., June 12. (To the Ed
tor.) I have a five-dollar gold pie
that has not the words in God
itrust" on it. - Please let me kno
whether there Is a premium on sue
coins. A. P.
It is worth $5. If you have a coin
any kind in the '50s. with the wort!
"in God we trust' on It, you can je
it to any collector for a very lar
sum. The words In God we tru
first appeared on Government coi
about 1S63.
Votes by Women for President.
BANKS. Or., June 12. (To the Ed
tor.) Did woman vote at the la
Presidential election In any state
the Union? E. W. K,
Yes. They voted in Idaho. Wyoml
Colorado and Utah, all of which hav
female suffrage.
Lowering the Average.
Washington Evening Star.
"Remember," said the Englishma
"that we gave you Shakespeare."
"Yes," replied Miss Cayenne, "but yo
also gave us musical comedy and cod
cert jihu sijjfioro.
CURRENT NEWSPAPER JESTS.
dear. I wish I only could!" Houston Poe
"What time Is It?" asked the patient, ha
awake. "Midway between the drops '.tri
the bitter pill." answered the nurse. . Ir,
tendlns to be accurate. Buffalo Express,
Seymour What does Flammer do A
ley He s a composer. toeymour M
or fiction? Ashley Fiction: he wrl
weather predictions Chicago Dally News.il
-"There's an awful lot of sameness aboV
life." "Oh. cheer up. Read some Joket)'
"T V a 1 An n.,;tinr some. Thar 1.
what prompted my first remark." Louisvll
Lady Why are you all so worried? Cail
tain The fact Is, madam, we have broke
our rudder. Lady Is that all? Well, th
rudder Is under water and It won't slpw
Let's get on. Cleveland Leader.
Teacher Children. Nature is superior t'
man In everything-. For Instance, there i
nothing- that travels so fast as the unsee
wind Willie Huh! You ought to hea
what my papa says about a sight draft!
Puck. "That man Is always anxious to get int
the spotlight," said the observant citizen
"Yes," replied Senator Sorghum, "but h.
doesn't discriminate. One of these day:
mlTir to stand in front of a locomotiv.
headlight and not realize his mistake tl.j
he Is run over. yvwuiubi dlo...