Morning Oregonian., October 21, 1910, Page 12, Image 12

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hoBTLAM. FRIDAY. OCT. tU !
riJt KfK HCJa-Oi SATIRIC.
A reader. whose kindly spirit The
regonlaa fully appreciates, write to
lpiore 'the character of the new
tilth is printed In the dally paper
ie Justly says that Individual char
ter Is formed, tn part, by what we
ad and aee In daily life. Hence If
e papers would fill their columns
Ith accounts of worthy deeds ana
putting events, she thinks the world
ould be the. better for It. In partlc-
ar she dislikes the "children's page
. the Sunday papers. Her most suf-
-stlve letter concludes with the go-earn.
"WTi amoof the editors will
gin the work of reconstruction?
e venture to say by way of reply
at almost any editor she could find
. the country would be Klad to print
more elevating kind of news than
habitually provides for the public
hy he does not do It Is a compllcat
1 question. For one thing the great
aa of news Is not elevating, and. If
paper tells anything It mu.'t, often,
11 what Is neither very pure nor very
rtractive. The routine events of
'e, excellent as they axe In their
ace and deeply as they are tinged
Uh unselfish love, are not news, and
they were narrated In print nobody
oold read about them.
Then there Is the perverse taste of
anklnd to be reckoned with. It de-
andj something spirited. It is not
-XIsfl4 with the proaic. the eorn-
nn place, the mildly virtuous. Mur-
rs are demanded. I loves to sup
i horrors. When one thinks or the
-essure this taste exerts upon the
ipers and the material there Is on
ind to cater to it. the wonder grows
.at their pag-s are as free from the
r.satlonal and base as they are. An
itor's life Is one long stmgKle
rainst the demand for stimulating
-ovender. Our friend, cradled safely.
doubt. In some beautiful home
here she sees little of the realty and
thing of the vlleness of life, does
t know what a deplorable thing
iraaa nature Is In some of Its
pects. Most men n-ed not be
ratched very deeply to come to the
-ute. as our mobs and lynching
tUfy. The brutal appetites are In-
tent In their demands, and It is
ly by making them some small con-
salons that we gain the opportunity
minister to the higher tastes. Life.
ake the best of It. U a compromise.
ie battle for go"d ss waged with
eapons which are too often edged
1th evlL But If we throw them
vay we cannot fight at all.
There ts another point which some
it lea of the newspapers and current
oks often overlook. It Is that read
g is for many people an exceeding
difficult art. In school they do
t learn to read with rapid facility,
n trick never ceaaee to be painful
r them and tome little inducement
ust be offered to persuade them to
y to get the thought from the print
1 page. The only inducement that
adequate, as experiment shows. Is
mingle the vain, the idle, the ex
ting, with what Is more Instructive.
average man will devour Intel
etnal bread if It Is provided In small
umbs with large bits of candy
nong them. In any other form he
111 pass It by with acorn. Again, to
it It plainly, there Is a good deal of
uht whether a' paper composed
holly of the matter which our friend
ishes would do as much rood as she
lievea. even if It were read. There
a vast mass of entirely irre proa ch
ile literature in the world, but upon
e whole It Is ineffective. Those
ho read books of sermons are not
a rule much Influenced by them.
. has even happened that people who
ere fed on an Intellectual diet of
nmlngled sain til new revolted from
by and by and, took to vicious ways
it of sheer perversity. Human na
re has Its queer streaks, which we
;ay weep over if we will, but In the
ud we must reckon with them. One
l" Its singularities Is a disinclination
buy reading matter which Is too
Hmaculate.
The Boston Herald tried an exped
ient not unlike that which our irood
lend recommends and within a short
-ne the sad report came over the
ire that it was In the hnnds of a
cerrer. There la good counsel in
e scriptural rule to mingle some
.Ing of the serpent's wisdom with
ir more dovelike qualities.
Dtl THE IHKECTOKS DIRECT?
While the chances for the Illinois
r.tral stockholders to secure 110,.
0.000 damages from the directors
the road are probably not very
-Ight. the filing of the suit and the
ib.kity that will follow. If it sljall
pressed, will not be without good
feet. Not all of the men named as
l-'fendants In the suit brought b
ockholder Edfrsr are dummies; but
is not Impmbable that a good many
' them confined their activities as
rectors to voting ss they were ln
ructed at the meetings and drawing
e nominal fee allowed for their at
ndance. The disclosures made In
e investigation of the enormous
efts made by a band of Illinois Cen
sj employes failed to reveal any col
sinn with any of the directors. The
ad was robbed of vast sums of
or.ey by a few men who enjoyed the
nlldence of the management, and
r that reason were not watched as
seely as men holding mora humble
wltlona.
Ia this relaxed vigilance the direc
ra possibly failed to fulfill their
.ity to the stockholders whose In-
rests they axe supposed to guard
hd they are entitled to censure ac-
rdtngly. The case In some re pects
not dissimilar to that of a number
bank scandals in various parts of
e country. The name of an honest,
'right man, with a well-deserved
putatloo for ability and Integrity, Is
a valuable asset to any bank which
can emolov him as a director. The
depositors and amall stockholders in
the bank, being assured by the pres
ence of such a man on the directorate
that their Interests sre In good hands.
are much less likely to look after.
them personally than they would bo
If they were even a little suspicious.
The wholesale stealing by the liu
nols Central employes was made pos
sible by lack of vigilance on the part
of the directors or poor Judgment in
their selection of employes). For this
ihrv mnv he censurable: but It in
hardlv nrobable that they can be held
financially responsible for the loss
throuch stealings of the employes.
Whatever good may come out of the
affair will be In the effect it may
have In causing not only the Illinois
Central directors, but those of other
road, to oar a little more attention
to affairs In which their stockholders
am so vitally Interested. Neither the
dummv railroad director nor the
dummy bank director should have
any place In the present economm
system.
. A PROBLM rX ETHICS.
Oswald West. Itallroad Com mis
sioner. went to Washington City, os
tensibly on the state's business. an
charce'd up II 51 to the state for ex
penses and mileage.
xt.nirhi!j Oswald West had beei
subpenaed at Portland as a witness
in tn Rlnrer Hermann tnni ana n
k..rf ih I'nlted- States Govern
ment 13(5.20 expense ana tare ior
the same trip. He couecieu in
mnnv fmm the state, and put It I
his pocket. He likewise collected the
larver amount from tne uovrrnnim
h m.t if in hla Docket. Then h
was charged by tho Federal officials
with being a "grafter, and ne turned
the Federal money, less 150. to the
state.
TVhv- tn that state? If nest wa
nHtied tn this money, he should hav
kept it. If he was not entitled to It,
he should have given it Daca to inn
Government. But whether he turned
t, nvm ia thii stata or to the Govern
ment, why should he have held out
150?
Th hnk transaction Is Detty: bu
It has been widely exploited, and the
public is entitled to the racis. inert
they are. The public may draw Its
rawn conclusion. The Oregonlan has
no wish to denounce or characterize
West as a grafter. But what to hT
WSTROVlVli DRYIKX K B I fcETVlN ES8.
The Port of Portland drydock at
SL Johns represents a large sum of
money. Fixed charges of interest ana
depreciation are running against It
whether It la In use or. not. For a
long time it has been used but little.
the reason being that the. rates are
higher than are charged by dock in
other ports with which Portland must
compete. As the dock was built by
the Portland taxpayers for the pur
pose of attracting shipping to this
port. It has frequently been urged
that the rates be made low enough to
accomplish the object for which it
was built. Even If the rates were
placed so low that they would not
pay the fixed charges which are run
ning against It. there would be an
advantage in having the dock fill the
position for which It was built.
Unfortunately for the port, how
ever, there has been a heavy advance
Instead of decrease In rates. This
advance, according to the figures of
Captain Crowe, an exceptionally well-
posted marine surveyor. Is about Zi
par cent on the second day that ft
ship remains In the dock. per cent
on the third day, and more tnan mo
per cent on the fourth day.
As very few vessels would get in
and out of the dock In less than four
day, it is easy to see that the new
rates. Instead of atractlng shipping.
will be prohibitive. There la no tax
levied on the property-owners of this
city that Is paid mora willingly than
that which provides money for the
Port of Portland expenditure. So
long as the taxpayers are willing to
pay for cheap drydock tolls. It la dif
ficult to understand why they have
been advanced to a figure that car
hardly fall to drive shipping to other
ports.
E4CALIZIXO PROSPERITY.
People of the United States are en
gaged In the big job of trying to equal
ize prosperity. Driven by spectacle of
big profits accruing to relatively a fewr
men, they are "lnsurglng" In various
ways against the old order of things.
In some respects they already have
gone too far, as In so-called conserva
tion; In denunciation of efforts of busi
ness and property Interests to protect
themselves In politics: In curtailment
of railroad profits, and In general an
tagonism toward enpltal and bunine.
The purpose of the popular mind in
this movement Is clear; It Is to dimin
ish the profits that have been accru
ing to relatively few person through
their superior opportxinltles or intelli
gence and to bring in as partners as
large element of the people as possi
ble. Citizens of the United States
have been prosperous during the last
decade as never before; bread and
butter . and luxuries have been easier
o earn than at any time in the Na
tion's history, despite the rising level
of prices. Yet the people are not con
tent. They are hardly more content
than when, fifteen, year ago, they
were suffering the pinch and penury
of "hard times."
"The people will enduro poverty.
servitude, pauperism," wisely re
marked the French economist and
statet-msn. De Tocqueville. "but they
will not endure aristocracy. For
equality their passion Is ardent, in
satiable. Insistent: they call for equal-,
Ity lit freedom, and if they cannot
obtain that, they still call for equality
In slavery."
Likewise, the American people dis
like the aristocracy of high profits
and are. willing, evidently, to endure
diminution of prosperity, to gain their
desire. Their rampant Colonel makes
violent attacks on property "Interests"
and on wealth, as In his Osawatomle
speech, and as an apostle of dlscon
tent and equality outspeaks the late
lamented Bryan. Seising upon the first
great corporations within their reach
the railroads the people . curtail
their earning power and their profits
until the Boating of new railroad se
curities In greatly hampered and In
many eases suspended. Heads of the
greatest railroads In the United States,
point out, with fair reason, that the
people must allow their companies to
make more money, else service wil'
have to be cheapened and many new
projects suspended.
No question that the motive beiiind
this popular movement is the ever
present desire for equality of the
country's unparalleled prosperity. This
is a force that Is world-wide and hoc
Its springs in the deepest strata of
human nature. It belongs to the pow
erful sweep of socialism. It manifests
Itself also in high taxation of prop
erty and business for support of pop
ular Improvements and schemes of
government. Many men who scorn
the name socialist and would repudi
ate It if applied to themselves still
Join the demand for this or that
scheme of socialistic Improvement and
absorption of private property incre
ment through taxation.
It is useless to tell the people that
tholr unparalleled prosperity up to
this time should be conserved with
care. They aeek equalization of pros
perity Just as fifteen year ago they
sought equalization of hara times.
They can do much if guided by mod
eration; but they will accompiisn
nothing good If controlled by radi
calism.
AM. KOR ONE MAVS BENEFIT.
In the past ten year," says II
Van Duzer. Democratic candidate
for the legislature for Multno
mah County, "we. have elected
Governor twice and a United
States Senator once." Mr. Van Duzer
niMiu hv "we" the once great Dem
j.vatif Mrt nt nnrnn. The Governor
whom the Democratic party elected and
the Senator whom It nonorea was one
and the same man. George Chambe
r-
lain. The Democratic party nas aon
rrcit thtnzs for Chamberlain, bat
ln.
th ifnfnir it has become the poor
wreck It Is. It has prostituted a nobl
name and a militant ana emcieni or
ganlzation to the services and amti
tlon of a single man. No wonder
it
has mnm on the rocks.
The worm has turned. The last
straw was Bourne. The Democracy
was wearied with sacrifice for Cham
herlaln anvwav. but it might havi
yielded once more to his Importunity
for honor and nosltion except lor in
Bourne Incident. There is fire and
spirit anA honor in the old hulk yet.
Tfrr. rai I.ROA nej avd botermax.
When Bowerman. a struggling law
yer In the little town of Condon, seek
ing sen-Ice from any or tne mire.
auent clients who Btrayed that way
got an opportunity to do some special
work as attorney" for a railroad, ne
thankfully accepted. What lawyer
anywhere would have, or should have.
declined? Now this fact is being
used by the Bourne-Chamberlain ma
chine, through Its various publicity
agents, to make It appear that Bow
erman Is a minion of the awful cor
porations and sold out the people at
Salem for a few pieces of silver. "He
used his position as State Senator to
prevent the building f railroads to
Central Oregon." they say.
Let us see how Bowerman wielded
hla rreat Influence as president of
the State Senate to Vielp him In-his
little Job as a (temporary) corpora
tion lawyer at Condon. A delegation
of excited citizens went from Portland
to the Legislature at Salem, demand
ing that the state go Into the busl
ness of building railroads, as a mean
of salvation from the thralldom of
the Harrtman system. They wanted a
constitutional amendment. They
would take nothing less. They got It.
And they' got It largely through Bow
erman. The Legislature was divided
on the subject, a large majority re
fusing to be stampeded even at the
appeal of the august Portland Cham
ber of Commerce. The bill was. how
aver, forced through the Senate main
ly by President Bowerman. who cast
the deciding vote In Its favor.
At the legislative session of 1907,
State Senator Bowerman was a mem
ber of the Senate railroad committee
and chairman of the committee on
revision of law. In these Important
places he had much to do with plac
ing on the Oregon statute books the
railroad commission act, to which his
opponent, Mr. West, owes his all in
the way of reputation and a liveli
hood. Did or did not the railroads
dictate Bowerman's course?
It would seem that some of the gen
tlemen who Invaded Salem In 1909
with their unnecessary proposal for
state-built railroads, and who found
President Bowerman a powerful and
Indispensable ally, ought now to say
a word In protest against the false
hoods now being spread broadcast
about him. Or Is it possible that thej
are so thoroughly ashamed of that
little venture Into vicious and danger
ous legislation that they desire only
that their part therein be forgotten?
THE GAMBLER'S BRIBE.
Nothing in the way of graft, brib
ery and scandal that comes out of
New York can cause very much sur
prise. ' The domain of old Father
Knickerbocker is so thoroughly satur
ated, with crime and corruption that
frequent eruptions are as certain and
natural as the appearance of pimples
nd bolls on a physical frame rotten
within. For that reason no one will
question the accuracy of the tale now
unfolding before the legislative inves
tigating committee at New York. This
tale relates to the gathering of a
slush fund of $500,000 for the pur
pose of securing favorable legislation
n the interest of a gang of racetrack
gamblers. Led by that grizzled old
gambler. James R. Keene, a coterie
of corruptionlsts sat In council at
Delmonico's and, with a nonchalance
which years of thievery. Jobbery and
bribery had made natural, discussed
the purchase of votes necessary, to
legalize racetrack gambling In exactly
the same manner that honest men
would discuss the purchase of corn.
cattle or cordwood.
That the integrity or honor of a
man should not be a purcnasame
commodity never seems to have ap
pealed to these corruptlonists. With
the thievery and Jobbery which have
brought horseracing Into disrepute
from the Atlantic to the Pacific, these
S'w York' gambler had wrung s
many millions from the thousands of
wage-earning gamblers who never
have a chance to win that It
seemed to be a perfectly natural and
egltlmate proceeding to raise a fund
for the purchase of enough votes v
beat the obnoxious anti-racing bills.
James R. Keene, who Is mentioned
as the leader of this select band of
millionaire bribers, has been a gam
bler all his life. Having selected this
calling, and following It with equal
success with cards, horses and stocks,
his blunted sense of honesty of
course prevented his discerning any
thing wrong In the purchase of a few
members of the Legislature.
Harry Payne Wnltney. who Is men-.
tloned as his principal associate In the
bribery. Is a prominent member of
New York's Idle rich aristocracy, whe
has dwelt so long In New York's
thimble-rigging environment that he
can hardly be expected to he compe
tent to draw any very fine line of dis
tinction between right and wrong.
The State of New York, at an 111-
guarded moment," permitted to be
placod on the statute book some very
severe laws regarding bribery. The
great wealth and Influence of the ac
cused bribers may result in their es
caping these penalties; but If they
could be reached by the law the lesson
would be of value, not alone to New
York's criminals, but to those of other
states.
A Seattle real estate man, com
plaining of the slump In real estate
values in that city, says that "once
the market started downward, every
body seemed willing to hammer it.
Our own people did this. Seldom does
one hear a stranger condemn our
values." While it was questionable if
Seattle property ever was worth dou
ble and treble the price t hat was
asked for the same grade of prop
erty In Portland, or that such prices
could be maintained, the disgruntled
dealer quoted revealed a trait that
Is not confined to Seattle people.
There are plenty of croakers In Port
land who hava fought against and
talked against every advance that has
been made In real estate since, the
Lewis and Clark Fair. These timid
knockers have not yet witnessed the
verification of their predictions, but
the live In hopes, and to the best of
their ability are striving to check the
present upward movement In values.
Fortunately Portland real estate rests
on a firmer basis than Alaska placer
mining resources, and no slump is in
sight.
History is still repeating itself In
the Far North. The discovery of gold
on the Tan ana depopulated Dawson
and made Fairbanks the big city of
Alaska. Nome came into greatness
through the decline of the Yu,kor.
placers, and now It Is announced that
the strikes on the Iditarod and Squir
rel River have lured so many people
away from Nome that less than 1000
will Winter there. After the Iditarod
and Squirrel River will come some
thing else. Alaska is still to a large
extent an undiscovered and unpros
pected territory, and It Is not improb
able that there will be many more
Daw sons, Fairbanks, Nomes and
Iditarod before the restless gold
seekers have thoroughly prospected
the country. The tales now coming
out of the Iditarod, while failing to
corroborate the report of General
Maus, offer an excellent groundwork
on which the transportation com
panies can build a rush In the Spring.
Spain is said to be on the verge of
a rupture with Morocco over the pay
ment of the $26,000,000 indemnity
which ' was exacted when the Riff
tribesmen were deeated about a year
ago. While the $26,000,000 might
come In handily at this time, when
Spain is under the xpense of special
police and bomb catchers, still the ex
cuse for going to war again ought to
be worth somethng. . There are so
few countries and so few tribes on
earth with which Spain could put up
a winning fight that the opportunity
of taking a chance with something
soft and easy like the Morocco tribes
men ought to be welcomed. Divert
ing the Spanish mind from its trou
bles at home by a small war abroad
might also have advantages at this
time, and If one fight was worth $26,-
000,000 to Spain, another one ought
to produce equally well.
It Is a good thing for Oregon that
France Is one of the richest countries
on earth, for this year the French are
In the market for two great Oregon
staples which they are expected to
need in large quantities. First it was
the wheat crop that was damaged,
and as a result Oregon dealers sold
several cargoes for the French ports.
Now comes the American Consul at
Nantes with a story that the French
prune crop has been damaged to such
an extent that the supply will be very
short, and Importations will be neces
sary. The, Oregon prune ha few
equals and no superiors and perhaps
after the French get accustomed to
their use they will be compelled to
become regular importers . in order to
satisfy the trade which demands
something fancy in the prune line.
The beat that the State of Vermont
could show up in the 1910 census was
a gain of 12,815 over the count of ten
years before. Those figures would In
dicate that the diminutive Yankee
state had about reached Us maximum
gTOwth. A good substantial state like
Vermont, with all of Its resources in
the hands of private individuals and
with no new fields or industries to be
developed, ought to be well qualified
to show a. state like Oregon, which
adds as much population In a month
as Vermont has in ten years, the best
method for conserving our .resources.
Old maids have a habit of telling
young mothers how children should
be managed.
If there be one person exposed to
temptation more than all others. It Is
the grocery boy, so the Tacoma youth
should not be blamed for kissing that
comely matron not once, but three
times. The Impulse was irresistible,
for a certainty, and he embraced the
opportunity for full measure. The ob
ject of his ardor says she did nothing
but simply stood it. That was enough.
The White Star liner Olympic,
launched yesterday, ' is the largest
steamship in the world. She is al
most 900 feet long. Many people re
member the Great Eastern, used In
laying the Atlantic cable, because she
was then the giant of the seas. She
would make a good tender for. the
Olympic if yet afloat.
Apple shipments this season from
the Pajaro Valley of California will
aggregate 4000 carloads, or two and a
half million boxes, the product of
about 12,000 acres. This Is the world
record for a single district.
The assassin of the Empress of Aus
tria committed suicide .Wednesday in
Swiss prison while violently Insane.
Capital punishment ts forbidden in
Switzerland, hence the length of time
taken to "get" hira.
What does Chairman Thomas, who
an honest as well as Intensely Par
ti nan Democrat, think of the effort to
sacrifice the ticket for the sake of Its
head? ,
Development yesterdajr show that
nobody wished to dynamite Mr. Henry.
So Mr.- Henry's mission, whatever It
may be, remain to be fulfilled.
Estimate for city expense next
year are a million greater, but this is
a city of live growth.
Jules Verne missed much In aviation.
OREGOX EXECUTIONS I.T THE '60S
alurdera Aveng-ed Whew the Spectacles
Were Public Events to Pioneers.
Tne death of Mrs. Rachel Brooks,- an
aged colored woman, at Salem, Or., was
announced recently, together with the
statement . that she was, as far as is
known, the last of a number of slave
girls brought by their Southern owners
to Oregon territory in early pioneer daye.
Mrs. Brooks, then a young girl, was
brought to the Far "West In 1S43, by Daniel
Delaney, who settled and lived on a land
claim in Marlon County, until be was
murdered for money that It was supposed
he had concealed about the house, la the
early '60s. The murderers, Beal and
Baker, were tried, convicted and executed
in Salem, the execution taking place
early In 1865. Executions were then apd
for some yeans thereafter public functions
In Oregon. Upon this occasion hundreds
of spectators, men. women and children
among thera mothers with babes in their
arms, crowded the square where the ex
ecution took place elbowing each other,
eager to obtain an unobstructed view of
the ghastly proceeding. This shameless
spectacle caused the first agitation
against public executions in Oregon and
is said to have been the first legal ex
ecution in Marion County: certainly from
accounts that have come down to the
present day -the people, not only of
Marlon County, but from far and near,
acted as tf Impelled by the fear that it
might be their hurt chance to witness
such a scene.
About the same time, a Mttle earlier
perhaps, a blacksmith. Griffin by name,
shot and killed one Lhane, t Lafayette,
Yamhill County. He was afterward ex
ecuted for the crime, the scaffold being
erected on a sightly open space a short
distance north of the old pioneer town.
Here as at the Beals-Baker execution.
hundreds came to witness the spectacle
of a man dropping to his death from a
rope's end. It is recalled at this distance
that one woman standing erect in the
farm wagon in which she had ridden with
her husband and children, nursing a Darje
at her breast, created, a counter sensa
tion by fainting and failing over the
wheel when the trap "fell that signalled
the blacksmith's exit. This was perhaps
the last public execution In Yamhill Coun
ty, though the law providing for private
executions was not passed for full ten
years later.
These incidents almost unbelievable In
detail at the present time, are cited to
show the progress of public sentiment,
the growth of civilization in a half cen
tury or thereabouts ss represented by
the sequestration of the gallows and the
relatively private execution of the death
penalty. Tnere is of course no reason to
suppose that people would not now
then, flock In great numbers to witness
executions, if the law did not interpose
its edict. But it is a distinct gain to
humanity that people are not allowed to
gratify a morbid desire to do so. In
all probability had the question been
submitted to a vote of the people at that
time, it would have been voted down, but
sufficient Influence was brought to Dear
upon the Legislature about lsi to se
cure the passage of a law which pro
vided that executions, except for official
witnesses, should be conducted privately.
It was difficult to secure the passage of
the law at that time; it would be Im
possible now to secure its repeal, either
by the people's suggestion or by direct
action of the Legislature.
Dim in the mists of the past, slumber
ing In the musty archives of the state
are the records that tell the scarce be
lievable story of public executions in
Oregon. Only by a strong 'and painful
effort. Is memory forced to recall scenes
so degrading to humanity as were those
above cited. This brief review of a dark
page In the history of our yet young state,
emphasizes the fact that with all of
our political blundering and stumbling;
with all of our mistakes as lawgivers,
and our remissness as executors of the
law, with all of the meaningless clack
and clamor that have arisen to confuse
the real issues of wise and stable gov
ernment, there has been a substantial
growth In Oregon of which a much
older state might well be proud.
C. A. C.
Bourne Repudiates Primary Law.
Oregon City Enterprise.
The Democratic press In Oregon is
embarrassed. The so-called "Inde
pendent" newspapers have become in
volved In probably the most unsavory
and notorious political combination
ever staked out in Oregon. The
Bourne-Chamberlatn-West game is a
hard one to play and every day brings
about a duller realization of It.
They can't get away from Jonathan
Bourne. That dandy has made a fatal
slip in repudiating the direct primary
law, and, like Jim Jeffries, he cannot
come back. Bourneism is the real is
sue, and the scheme to perpetuate
Bourne and Chamberlain in office by
the manipulation of Republican and
Democratic votes is a beautiful one.
The people know. They will not be
fooled this year, and Oswald west.
creature of the Bourne-Chamoeriain
machine, will be buried under an aw
ful avalanche of Republican votes on
November 8. Bourne, pretended friend
of the primary law, has struck a terri
ble blow at the principle Dy nis repu
diation of the candidate maorsea Dy
the Republican party.
Women Don't Want Ballot.
Seaside Signal.
Women who oppose woman suffrage
do so because they believe mat- it
would be mischievous to society and
mischievous to their sex; they Deiieve
that women are already bearing a full
share of the burdens of life and that
It is unfair to load upon tnem respon
sibilities for which they have had no
training, and for which tney nave
neither strength nor time; tney De-
llnn that the average man Is capable
of vnttnir more intelligently and of
enforcing the principles for which he
vm morn effectively than the aver
age woman, and that woman exercises
a more beneficient, impartial and
helpful influence in social and public
questions without the ballot than with
It. These women who stand opposed
to the principles of equality as advo
cated in the suffrage bill possess an
Instinctive dread of mingling in the
black political pot of the state.
ITRen'a "Worst" Bill.
Salem Statesman.
The most vicious of all the proposed
measures Is No. 360-361 which provides
for a system of proportional represen
tation, with a state-wide vote for all
members of the Legislature; increases
the compensation of members, and calls
for annual sessions. The adoption of
this measure will add from $75,000 to
$100,000 per year to the already heavy
burden of a long-suffering taxpaying
public; will deny the smaller counties
their just representation in the Legis
lature, and will destroy the rule of the
majority the basic principle of Amer
ican politics and government. An able
argument against this scheme of quack
statemanship la found on pages 197
199 of the official pamphlet, and we
earnestly recommend It to the consid
eration of the public, with the advice
that the measure be voted down.
A Leeture on "Sunday."
Florence West.
Dr. Scheff and Rev. Elkins are hav
ing a lengthy debate over the Sabbath
question in the Cottage Grove Senti
lnal. We cannot see the need of all
of this discussion. If one but thinks
for a moment, he can see that our
all-wise Creator did not expect all his
followers to observe the ma period
of time, otherwise he would have made
the earth flat that the sun might rise
and set on all alike. Hence, one
seventh of our time should be set
aside for his worship, and that we may
not be a stumbling block In our broth
er's way this period should begin witk
all In the same locality at the same
time. . j
INITIATIVE AND REFERENDUM MEASURES
Amendment Proposing; Reconstruction of Judicial Syatem Combines
Good With I'ndeairable Features Conflicts Between Sections Would
Create, Uncertainty as to Jurisdiction Until Conatrued by Supreme
Court' Meaanre Looaely Drawn.
ARTICLE NO. 7.
For amendment to the Constitution of tha
Etata of Oregon, providing for verdict by
threa-rourthe of iury In civil casea; author
izing grand juries to be summoned separate
from tha trial Jury, permitting change of
Judicial gyitem by statute, prohibiting re
trial where there la evidence to support ver
dict: providing for affirmance of Judgment
on appeal notwithstanding error committed
In lower court, directing Supreme Court to
enter such Judgment as should hava been
entered In lower court: fixing terms of Bu
- prams Court; providing Judges of all courta
be elected for aix years, and. Increasing
jurisdiction of Supreme Court.
862 Tea
SflS No.
The proposed amendment of the con
stitution permiting reconstruction of
the judiciary system and changes In
procedure on appeals embodies .one of
the most s.trlknlg Instances found in
the 32 measures submitted under the
Initiative and referendum of the incor
poration of both good with undesir
able features and of apparently con
flicting sections that would require
construction by the Supreme Court be
fore certainty would exist as to their
purport.
The Oregonian would welcome the
enactment of any measure that would
reform the evils of the present jury
system in Oregon, and it Is ready to
admit that probate procedure In this
state Is cumbersome end expensive
when probate cases are of sufficient
importance to warrant appeals to the
higher courts. It is sought in- the in
itiative amendment to permit the Leg
islature or people to correct the de
fects in the general statutes, but the
authors, the People's Power League,
have so encumbered the measure with
indefinite, conflicting and ill-advised
sections that The Oregonlan hesitates
to epxress an opinion as to whether
the good features overbalance the bad
or make a recommendation that it be
defeated or opproved.
a
On one feature of the measure the
voters of Oregon have already passed,
in 190S the abolishment of the county
courts was provided for in a proposed
constitutional amendment which also
sought to increase the Supreme Court
membership from three to five. This
amendment was rejected by a vote of
30,243 to 60,591, but the opposition
came largely from voters who did not
acknowledge the necessity for creating
two additional places on the Supreme
Bench. At that time the bar of the
Btate was divided on the question
whether the constitution gave the Leg
islature power to Increase the member
ship of the Supreme Court, and the
prevailing- sentiment was that it did
not. But In 1909, after the people had
defeated the amendment specifically
granting that power, the Legislature
provided by general statute for two
more justices and the Supreme Court
has since then upheld the constitu
tionality of the act.
In the opinion filed in the case it
was held that the Legislature had the
authority to increase the membership
of the Supreme Court to five or to
seven, but the court expressly de
clined to rule whether the Legislature
might Increase the membership to more
than seven. In Section 2 Article VII
of the constitution there is what may
be construed as a limitation to seven
in the membership of the Supreme
Court. The initiative amendment pre
sented this year replaces Article VII In
its entirety and the proposed new ar
ticle places no limitation whatever on
the number of Justices that may be
added by the Legislature.
Article VII of the present Constitution
consists of 21 sections. It Is proposed
by this amendment to re-write the ar
ticle and comprehend all of the pro
visions which are to be retained in seven
sections. The article in question is the
article creating the Judicial branch of
the government of Oregon. The pro
visions contained in the present Consti
tution have, in most Instances, been con
strued by the courts and their meaning is
now well understood by the people. The
result is that a litigant is seldom de
nied a hearing on the merits because h6
has mistaken the court in which to bring
his suit. It is proposed by this amend
ment to change radically the provisions
of the present Constitution and to create
many ambiguities In the instrument
which will serve to annoy litigants with
meritorious causes and which must In
evitably result in a. temporary denial of
Justice to men who shall mistake their
remedy by putting a construction upon
the new Instrument not In accord witn
that which shall be subsequently declared
by the Supreme Court.
The new amendment, like most of Mr.
U'Ren's work, is carelessly drawn. . For
example. Section 1 of the proposed
amendment provides that the judges of
the Supreme Court and other courts.
shall receive such compensation as may
be nrovided by law, which compensation
shall not be diminished during the term
for which they are elected.
Article 13 of the present Constitution
provides as follows:
The Judges of the supreme t;ourt snan
each receive an annual salary of $3000.,
They shall receive no fees or perquisite
whatever for the performance of any
duties connected with their respective
office."
The proposed measure does not purport
to amend Article 13. What then is the
effect of Section 1 in the proposed amend-
ment? Does it speak as of November 8.
1919, and does It therefore operate to
repeal the language of Article 13 above
uoted and vest the Legislature witn
full power to fix the salary of Justices of
the Supreme Court? This question is
. one which cannot be answered without
careful consideration and is at best a
question of some doubt.
a
There is apparent conflict between the
first and second sections of the proposed
amendment. The first section provides
expressly that:
"The Judges of the Supreme and
other courts shall be elected bv the le
gal voters of the State, or of their re
spective districts, for a term of six
years."
Under the present law the term of a
County Judge is four years and of a
Justice of the Peace two years. Is it
intended, by the first section of the pro
posed amendment to increase the terms
of these officials to six years? It would
seem so and yet Section 2 of the proposed
amendment provides that:
"The Judicial system of Oregon, except
so far as expressly changed by this
amendment, shall remain as at present
constituted until otherwise provided by
law."
The probabilities are that the effect of
the amendment is so to enlarge the terms
of County Judges and Justices of the
Peace and the amendment is most ob
jectionable on this account. Two years
is a long enough term for Justices of the
Peace for reasons which will be obvious
to any thoughtful man.
Section 3 provides that on any appeal
to the Supreme Court either party to the
appeal may have the whole testimony
and instructions of the court taken up
to the Supreme Court. Under the present
law all that can be properly taken up to
the Supreme Court is a statement of so
much of the record as shall suffice to
show the Supreme Court the question
which is involved In the appeal. In many
cases the Supreme Court can see at a
glance what Is the question Involved in
the appeal and Its labor Is correspond
ingly diminished. This is as it should
be. The court Is busy enough in de
termining questions involved in appeals
without spending a lot of time In an en
deavor to ascertain what the questions
are that are Involved In the record. The
Judges ought not to have the additional
burden of plodding through unnecessarily
voluminous transcripts of testimony.
There is a further provision in Section
3 reading as follows:
"No fact tried by a Jury shall be other
wise re-examined in any court of this
State, unless 'the court can affirmatively
say there is no evidence to support the
record."
Under the present law of Oregon the
Supreme Court will not reverse a case
for insufficiency of evidence unless
there is a total lack of evidence to up
ort the verdjet of a Jury. There Is no
need to amend the present Constitution
or to enact new laws in order to Insure
this result, but the language of th pro
posed amendment Is open to a comr;ic
tlon much broader than that aborva.
stated. Is the intention of this amend
ment to limit tha Jurisdiction of Su
preme Court on appeal to the one c,-ie-tion
of whether there was no evM?.'-
to sustain the verdict? If to, a m't
radical and unfortunate change wl:i f.
made in our law. The Supreme Court
will be deprived of all authority to re
view the instructions given by ti-.s lower
court and the rulings of the lower court
In admitting and excluding evidence.
The lower court may exclude evidence
which if admitted would have completely
altered the complexion of the testimony,
or the lower court may have mistaken
the law and passed up to the Jury for its
consideration a question which is not In
fact involved in the case, and the verdict
of the Jury may be on some moot ques
tion and not on the real controversy be
tween the parties as subsequently de
termined by an appellate) court acting
with greater deliberation than Is pos
sible for a trial court. To deny the
Supreme Court its right to correct er
rors of this character, is to deny Justice
to many litigants and to create needless
confusion In the administration of Jus
tice. The language above quoted would
have to be construed by the Supreme
Court and until so construed no litigant
would know his riffhts with reference to
appeal. This construction could only be
obtained after time, trouble and ex
pense. a a
' Article 7 of the present Constitution
creates circuit and county courts. It
provides expressly that the circuit court
shall have all Judicial power, authority
and Jurisdiction not vested in some other
court. The same article of the Consti
tution contains provisions for filling va
cancies on the Supreme bench. It creates
the offices of Sheriff, County Clerk and
Trosecuting Attorney. All of these pro
visions of the present Constitution are
repealed and there Is nothing in the
proposed amendment to relieve the con
sequent confusion, except this language:
"The courts, Jurisdiction and Judicial
system of Oregon, except so far as ex
pressly' changed by this amendment, shall
remain as at present constituted unless
otherwise provided by law."
The Legislature is vested by this
amendment with full power to revolu
tionize and completely change our
judicial system at every session, a power
which is not consistent with the publio
welfare. Until the Legislature shall act,
the adoption of this amendment leaves
it very questionable whether such of
fices as Sheriff and County Clerk are
not abolished. The constitutional pro
visions creating them are certainly elim
inated from the Constitution and in lieu
thereof nothing is provided except ino
language quoted. It Is. questionable, to
say the least, whether the County Clerk
and Sheriff are maintained in office un
der language providing that the Judicial
system of Oregon shall remain as at pres
ent constituted. In the face of an amend
ment which eliminates the provision of
the Constitution creating these offices.
Section 20 of Article VII of the Con
stitution as at present provided has a
salutary measure which Is repealed by
the proposed amendment It is as fol
lows: "The Governor may remove from office
a Judge of the Supreme Court, or Prose
cuting Attorney, upon the joint resolu
tion of the legislative assembly in which
two-thirds of the members elected to
each House shall concur, for incom
petency, corruption, malfeasance or de
linquency in office or other sufficient
cause stated In such resolution."
The people have a right to be pro
tected against the continuance in office
of corrupt judges and prosecuting attor
neys. The foregoing section provides a
speedv and adequate method of removing
such delinquent officials. No one should
object to It, except the unfit official who
is subject to Its provisions and his ob
pections ought not to weigh with the
electors.
Anxious to Learn It.
Chicago Record-Herald.
"I have been an officeholder for 25
years, and no man can show where I
"put me wise to your system, will you?'
"Gee. old man." replied the grafter,
ever took a dollar dishonestly."
Short on Currency.
Detroit Free Press.
"Did. she marry the man who rescued
her?"
"Ye-s. and now she's discovered that
her life was the only thing he ever
saved."
The Bourne Game Again.
Amity Standard.
Every indication points to the failure
of senator Bourne's effort again to
divide the Republican party In the be
half of himself and a few of his co
workers. Why She Jumped.
Chicago News.
The cow had Just jumped over the
moon. ....
"I Just wanted to- see if I cculdn t
smash the high beef record," she said
in explanation.
Comforting Manuel.
Indianapolis News.
Still, everything considered, there
are a lot of, countries in the world that
are more pleasant to live In than Por
tugal, your ex-majeety.
Here's a Chance for Manuel.
Pittsburg Gazette-Times.
W are still waiting for some enter
prising New York manager to cable
Manuel an offer of $10,000 a week to
enter vaudeville. , ,
November 23, 180S.
PORTLAND. Oct. 20. (To the Edi
tor.) To settle a dispute, please pub
lish the date of the fire that destroyed
the Baldwin Hotel, San Francisco.
J. L. M.
Her New Occupation.
She hss no time for fancy work, her thim
ble's laid away;
There's dust upon her violin, for she has
ceased to play:
She westes no precious time at bridge, her
books unopened lie.
She's given up the Drama Club sha did it
with a sigh.
She-does not go to shop in town, she looks
at hats no more:
She's wearing ancient gowns that seemed ail
out of style before;
Tha glass at which she used to stand so
many hours a day
Reflects her face buT seldom now, and yet
her heart is gay.
.Her husband has not lost his all. she is not
fraroea in di&ck
Becaus- a friend has sought that bourne
from which no friend comes back:
No heavy lines of care have coma to mar
her marble brow.
She daily has to sterilza the nursing bottles
now. Exchange.-