Morning Oregonian. (Portland, Or.) 1861-1937, December 09, 1910, Page 12, Image 12

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    V
lg THE MORXISO OREGOXIAX. FRIDAY, DECE3IBEB 9, 1910.
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rORTULMK IrTUDAT. DEC. t. Ml.
WITH OR WITH OCT lUtTAX?
Tha New Tork World has taken,
ths ears of the raTlvlcg Democracy
bo tit hands and la all alone dragging
that patient . animal along tha only
true way to victory In Tha Da
rn oc racy must begin by abjuring
Bryan socialism, and It must all tha
time be cautious. Overconfldence loses
many victories: now let tha Democ
racy try tha untried rirtue of caution.
Mr. Bom retorts that the World
Is pleading for tha sama breed of
"sane, progressiva and cautious Dem
ocrat. Just aa In 104. a Democrat that
"holds the word of promise to tha
people's ear. only to break It In their
ho pa." That's Parker. Another Par
ker la too much for Bryan, lie wilW
nare none such. Nor will the country-
It aicreea with Bryan there.
But If ilryan has discovered In any
other of the new Democratic leaden
any faithful friend who will not "holJ
the word of promise to the people's
ear. only to break it In the hope." he
baa not conveyed the triad tidings to
the waiting and wondering; world.
Bryan cannot see what new and
strange obseoslon has seized the
country that It should break out with
rapturous perspiration whenever the
name of Wilson, or Harmon or Dlz.
or Gaynor, Is mentioned. Where do
they stand on the only true test of a
Democrat, via.: "What do they think
of ME"? Not much, we opine. There
fore Bryan thinks the same of them.
Beautiful prospect ahead for the
Democracy Indeed In 1912. Here Is
the East planning to make Bryan
wallow "snne. progressive and cau
tious candidate; and Br)'u planning;
to eliminate the whole "sane, pro
gressive and cautious" crowd when
the time comes.
, What Democrat can win under the
weight of the Bryan Indorsement?
What Democrat can win without It?
TOI OIUNO I POX SEA1A.
The Oregonlan prints today a letter
from a Eugene attorney. Mr. S. D.
Allen, who say that he was employed
In tha case of Starkey and Lunz
which we commented on not long
ago. As might be expected Mr. Allen
presents the facts of this lawsuit un
der a different aspect from ours, but
he doea not seem to vary essentially
from our statement. Indeed we do
not see how he could, since The Ore
gonlan took the particulars from the
court record. His argument against
poor Luna. who. the reader will re
call, was Jockeyed out of his property
on a technicality, reads like any other
piece of legal eloquence, and of course
It will be estimated by the intelligent
public at Its proper value. We dare
say this side of the controversy may
be left safely to the public as It stands,
but It la quite possible that an In
forming word or two may be added
profitably to what has been said on
the subject of the court seal.
Mr. Allen's devotion to this hoary
relic Is truly pathetic. It reminds
one of the ardent worship which re
mote villagers in the decadent Roman
Empire paid to the heathen gnds long
after the rest of the world had be
come Christian. But his defense of
the Judges for attaching tallsmnnlc
virtue to the official seal is- worse
than pathetic; It Is absurd. "Surely."
says Mr. Allen, "nothing appears to
surgest that the Judges made this de
cision for any othT reason than that
they renlly thought that under the
Oregon laws, hlrh they had no hand
In making but it ere only construing,
such was the case." Of course they
thought so and that is where the
trouble lie. Intelligent and honest
men like our Judges owe It to them
selves to emerge from this primitive
way of thinking and give their com
mon sense a voice In their decisions.
It will he remembered that Lunz
lost his case because an official over
whom he had no control whatever
had omitted to stamp his seal on a
document- We seised the occasion
to say that the seul was of no con
sequence and that enlightened Judges
ought to have looked at the merits
of his caso rather than at such a
trifling technicality In coming to their
decision. Mr. Allen asks solemnly If
we think the mental proceaaea of tha
court In this affair were "utterly
foolish." In spite of our respect for
those who Interpret tha law. we must
confess that ha has chosen pretty
nearly the proper adjective.
The fact that tha Supreme Court
of the United States on a certain oc
casion reasoned aa much awry aa our
Oregon Judge doea not disturb us.
All courts sometimes lapse Into blind
worship of precedent and hand down
decisions which their successors are
obliged to reverse. No matter how
many Judges may concur In an opin
ion which defies sense and reason,
the publlo cannot be expected to ac
cept it without critlc-Ura. But Mr.
Alien, in his plea for tha sacred smJ,
doea not rely wholly on those ancient
precedents which are so dear to tha
hearts of soma lawyers. He actually
Invades the field of logic and ad
vances an argument of his own which
tt may not be. Improper to examine
with some attention. What tt amounts
to la that nobody could be aura that
court documents were genuine unless
they were sealed. "Seals of our courts
re Impressed upon tha writ to show
the common man that It Is in fact the
act of the court." says Mr. Allen. If
thst Is the purpose of the magic rite
It falls miserably. "The common
man" does not make up his mind that
a document is genuine because It
bears a seal, but because he believes
that the official who serves it comes
with the proper authority- If ha
: aoe
wiincat siaaaar, ana j
t'a.lr. arltnael usdtr, sis aaoetba. T .7
ttlir. wttbovi Swariar. toraa motttaa
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receives tt by mall, then he trusts to
tha accuracy of tha postoffice. Seals
are usually a part of legal ceremonial
and tha common man accepts them,
as he doea tha remainder, without any
particular comment. But a seal is
far more easy to counterfeit than a
signature la to forge and as a symbol
of genuineness tt Is much less truly
effective than an ordinary autograph.
In fact, tha great mass of the world's
important business is carried on by
promissory notes and the like which
are oertlfied only by autographs and
which give, rise to comparatively llt
tle trouble.
The antiquated survival called a
seal clings to deeds and writs merely
because lawyers love their Idols.
There Is not a solitary respectable
reason why it should be retained. In
the days when ordinary people could
not write, seals were extremely use
ful, since a man could certify a doc
ument by Impressing his seal even If
he could not sign his name: but con
sider what the relic has degenerated
to now. At the end of a deed It la a
mere pen scrawl which means noth
ing. There may be a lawyer here and
there who knows what the mystical
letters "L. S." signify, but very few
"common men" do. An article In the
December number of "Case and Com
ment" expresses very clearly the opin
ion of intelligent lawyers upon this
subject. "Case and Comment" Is
uniquely tha lawyers' magazine. It
speaks tha best sentiment of tha
profession. The article we refer to
Is from the pen of Harry Selmlre
Hopper, of the Philadelphia bar. Its
heading Is "The Antiquated Seal." In
the first paragraph we read that the
seal "is a relic or antiquity and no
plausible excuse can be Invented for
continuing Its use." Farther on the
author says that "an almost magical
value Is given to it by dignified Judges
which Is little less than ridiculous."
And again, "it Is one of the blind.
stubborn customs and formalities In
herited from the common law of
England centuries ago." At some
future time we hope to show how
many of these silly fetishes the Eng
lish law has now discarded, while, to
our discredit, we still retain and wor
ship them.
KKCAIX PI THEORT AM) PRACTICE.
The theory of the recall Is that
the people ought to have It In their
power at any time by their vote to
remove an unfaithful public officer.
The recall in practice, however, ta
likely to be employed as, an Instru
ment of revenge or an opportunity
for partisan or factional or personal
advantage. So It has been in Oregon.
It has been Invoked something like
four times, each time In a minor
town, as the result of the turbulent
politics that mark the course ' of
events often In small places.
Arizona Is bound to have the recall.
The constitutional convention Insists
that It shall apply to all elective pub
lic officers. Including Judges. There
is vehement objection to applying the
recall tJ Judges. There is an old
fashioned 'Idea that appears to have
reached Arizona that a Judge should
be secure from the Influence either
of political rewards or punishments,
and should be far above .the reach
of popular clamor. But in Arizona.
If his decisions don't happen to su)t.
they are going to have the recall on
him. Why not the referendum also!
Yet we have the recall In Oregon
for Judges and for all public officers.
No one has ever proposed to recall
any Judge. Possibly no one will un
less he is willing to make an Issue
over some decision, or other Judicial
act. Is there such a one? or will such
an emergency ever arise?
THE TARIFF AND WAG EM.
One cannot help admiring the
pluck of the Chicago strikers which
enabled them to sing as they marched
through the streets in the snow on
Wednesday. The music must have
been inspiring to hear, for. according
to the reports, some 20.000 were In
line, all women, and their voices no
doubt echoed the pathos of their
situation. It Is significant to read
that these striking garment-workers
sang In all tongues but English. Some
of them were Kusslan, some Italians,
and many were from the Interior
countries of Europe, but none were
Americans.
This Is deeply Interesting In con
nection with the plea so often heard
that our blessed tariff Is levied for
the protection of. American workers.
How doea the tariff manage to pro
tect American wage-earners from the
competition of these starving girls?
Their wages are at the lowest limit
compatible with life, and native
horn in ho r has to offer Itself In the
same market with .them. There la
Inherent absurdity In the pretense
thai vnrkin can Te benefited by
heaping taxes on their food and
clothing, but when they are forced
to compete directly with starving ior
t the same time that the
cost of their living is forced up to
the last limit me aoeuraiiy Becomes
tragic.
The cruel hypocrisy or the plea
that the tariff protecta American
lohnr ta exhibited In Innumerable Jn-
.it nvBtr tha cnuntrv. In tha
Pennsylvania, coal mines. In spite of
the exorbitant tariir, American taoor
cannot exist. It has been driven out
rnMi,n,r hn vork for vases on
which an American cannot maintain
his standard of living. In the higniy
prolected factorlea of the Steel Trust
we see the same condition. Protec
tion was granted thla monopoly for
the sake of American labor. It em
nw, atarcelv anv American - labor.
but It still has the protection. Was
there ever a grosser imposition upon
a patient Nation? Even the protec
tirtnut, ihomMlvBi seem to have be
come ashamed of the thin pretense
that the tarlrr uenerits moor, ror iney
now frankly say that they want It
kariitu it ensures them a fair nroftt.
This has the merit of candor, though
It presupposes but slight intelligence
in the people who pay the profit.
YnrEN TO DOt BUS TTtE CO SONA.XT.
Tartlv because he couldn't or didn't
spell "allotted" according to Hoyle
and partly because he was "sassy."
a Montavtlla boy suffered the punisti
of kirlnx his lacket tanned by
Principal Wiley of the public school.
As to the Justice or seventy or mis
rtiaxinlln. The Ore gonlan offers no
comment. It passes the case up to
the Clvlo Council, which has assumed
Judicial authority over the conduct
of the School Board Itself a body
elected by the voters of District No.
1. Let the tall go with the hide.
In the matter of spelling "allotted."
the strong probability isthat the lad
fell down on the proposition of doub
ling tho "t." There are others. Soma
of them have college degrees. Mem
bers of The Oregonlan staff whose
duty It Is to edit communications
written carefully by learned men, as
well as those "Just dashed off" by
busy subscribers, are competent to
testify concerning the uncertainty in
the average mind as to the rule which
governs. In the hope that an ever
present stumbling block may be re
moved, the rule is here given!
"Monosyllables and words of more
than one syllable with the accent on
the last syllable, ending In a single
consonant preceded by a single vowel,
double the final consonant before a
suffix beginning with a vowel." Ex
amples: Get. getting; rebel, rebelling;
travel, traveling; appeal, appealing.
This Is one of the really valuable
rules of spelling, though it has a few
exceptions. Many sound educators
hold tljat it Is the only valuable rule
for the reason that It Is easier to
learn the spelling than It Is to learn
. the rules for spelling and their ex
ceptions. The rule quoted may be
shortened for general use Into:
"When the accent Is on the last syl
lable, double the consonant." While
this robs it of accuracy, as In the case
of "appeal," It applies td so many
words that It Is worth remembering.
Besides It Is so easy to remember.
THE At.RJfT LTVRAL JOKE BOOK..
The annual report of Secretary
James Wilson, of the Department of
Agriculture, is araiaborate affair and
covers a wide range of subjects.
"Tear after year." writes the honor
able Secretary, "It has been my privl--lege
to record "another most prosper
ous year In agriculture,' " and in using
the privilege he this year makes tho
most remarkable showing In figures
that his department has ever pre
sented. IJke the numerous crop reports
that have proved Interesting for their
Inaccuracy, this annual report of Sec
retary Wilson deals extensively In gen
eralities. He places the grand total
value of all farm products at JS.926.
000,000, but does not segregate this
beyond the grain and cotton crops.
The value of the grain and cotton
frops Is placed at 13.610,000,000, and,
despite the record yield of corn, the
value of the cereals Is given at $230,
000.000 less than lost year.
This decrease was made up In other
directions, the Secretary explaining
that "It has been a year of high prices
for meat and animals, for poultry and
eggs, and for milk and butter, and for
these reasons the total value of all
farm products increased In 1910 $304,
000,000 above the estimate for 1909."
There is something pleasing in the
contemplation of these "record" fig
ures presented by the Secretary of ag
riculture, especially wherein he grave
ly assures us that "nothing short of
omniscience can grasp the value of the
farm products of the year." Appar
parently Secretary "Tama Jim"
was not omniscient, for his grasp
was Insufficient to enable him to
tell us how much of the 6.140,
896,000 bushels of grain produced
was used ty the farmers who
raised It In the production of "meat
and animals, poultry and eggs, and
milk and butter," in order that the
latter-mentioned ataples could pull
the grand total up so near 19,000,000.
000. Despite the pleasing nature of these
remarkable figures, they should not be
taken too seriously. While we may
have a grain crop of 6,140,896,000
bushels, our annual exports have only
once or twice exceeded 800.000,000
bushels. Until the Secretary Informs
us how much of the remaining 4,800,
000.000 bushels of grain is represented
In his livestock, poultry, etc., it will
be Impossible to determine what dis
count must be made from the 19,000,
000.000. Aside from this duplication
of a few billions for the grain which
the producer feeds to his own stock,
the report has other interesting
points. After an exhaustive review
covering several pages, showing the
prices paid by the carload, barrel,
bushel and pound. Secretary Wilson
arrives at the astounding conclusion
that "the general fact was that the
producer's percentage of the consum
er's, price diminished as the quantity
sold at retail was smaller." In other
words, it has. been finally determined
that the man who buys apples one at
a time must pay more per apajle than
the one who buys by the carload. If
the Government ever gets out a Joke
book, It should engage "Tama Jim"
for editor
RIVER TRAJiSPORTATtOX.
President Taft. in his welcoming
address at the National Rivers and
Harbors Congress, displayed a thor
ough understanding of the problem of
river navigation. "There was a time
In the history of this country." aaid
the President, "when river navigation
was greatly mare Important tfian It Is
now. The-growth of railroads has
diminished the importance of river
transportation under existing condi
tions, and the problem which you
gentlemen have to solve Is the union
and the co-operation of railroads and
rivers." Thla is a very Important
point that Is frequently overlooked by
too ardent advocates of river- Improve
ment. There Is nothing to be gained
In fighting a railroad corporation with
a water line that costs more to oper
ate than can be collected for the serv
ice. So long as people will submit to
taxation to make up the deficit, a
semblance of competition will be
maintained, but In the end economic
laws will prevail and the water car
rier, like the railroad, will be subject
to them.
In the early days of the country,
before railroads had opened the re
gions lying well back from the river,
the steamboats were the dominant
factors In the transportation business.
With the development of the Interior
It was no longer possible for the boats
to reach all of the traffic, and In due
season that portion accessible to the
railroads but Inaccessible to the
steamers became overwhlemingly
greater In volume than that which
could be reached by the boats. This
situation, of course, lessened the Im
portance of river transportation, as it
made it dependent on the railroads as
feeders for all traffic except that
which could be drawn from a narrow
strip along the shore lines.
In these circumstances and they
prevail in all parts of the country
wherever river navigation has been
utilized tt Is obvious, as stated by
President Taft, that co-operation of
railroads and rivers Is a necessity.
Whenever It is demonstrated that a
river carrier, operated on Its merits,
without either state aid or other form
of subsidy, can carry freight more
economically than it can be carried by
a railroad, the latter, for strictly busi
ness reasons, will, aa recommended by
President Taft, co-operate with the
river carrier for mutual profit and to
the advantage of the region served by
the two systems of transportation.
It is the special fortune of ex
Senator Turnei, of Spokane, to
have Inspired In a large body of
friends and acquaintances a general
sentiment of respect for his great
Intellectual powers and of admiration
for his fine personal qualities. Now
Judge Turner Is being urged for ap
pointment as Justice of the Supreme
Court of the United States; and the
suitableness of such a choice by the
President, If It shall be made. Is rec
ognized throughout the Pacific North
west and wherever the ex-Senator la
known. Judge Turner was long a
Republican, but In recent years has
been more or less Identified with the
Democratic party; yet the alliance Is
not close. The President has made
It clear that politics shall have little
or no weight with him in selecting
Judges; and In that view the choice
of Judge Turner could not be proper
ly criticised. He rendered distin
guished service as a commissioner
for the United States In the Alaska
boundary contention and also In pre
senting the case of the United States
In tha fisheries dispute before The
Hague Tribunal. He Is qualified to
be a Supreme Judge of the United
States. Higher commendation could
not be given any lawyer or Judge.
Traffic Manager Miller, of the Har
rlman lines in the Northwest, pre
dicts a population of 500,000 for Port
land in 1920, and offers very plausible
reasons for his estimate. Summar
ized, these reasons are that Portland,
with but very slight railroad develop
ment, has In the past ten years In
creased more than 129 per cent In
population. This growth haa been
achieved under most favorable cir
cumstances, and nearly all of If has
taken place In five years. If the
great region which supports Portland
can build a city of 200.000 people with
developmetn of its resources Just be
ginning, predictions of a 600,000 pop
ulation ten years hence are not so ex
travagant as at first glance they
might seem. As the transportation
system with which Mr. Miller has been
connected since his boyhood is spend
ing large sums to attract new settlers
to Oregon, his estimates will receive
due consideration.
United States Marshal "Jack" Aber
nathy, the bad man of the West, who
kills wolves by tearing them In two
with his bare hands, and who has a
reputation for Seating 'em raw," has
resigned and has departed for Oyster
Bay to tell Teddy about It. Follow
ing the precedent of his Illustrious
friend, who secured his appointment.
Marshal Abernathy objected to rules
and regulations when they conflicted
with his own Ideas, and, rather than
submit to orders, he resigned. Nat
urally, the loss of the world's cham
pion wolfklller from the Government
payroll will prove very embarrassing
to President Taft, but his accession to
the ranks of Gifford, Jlmmie and the
mighty Colonel will certainly bring
cheer to that band of reformers.
The National Cloak Suit and Skirt
Manufacturers' Association has de
cided that the hobble skirt must go.
The reason for the curt dismissal of
the hideous contraption that gave the
fair sex who wore it the appearance
of a lot of kangaroos endeavoring to
take short Jumps with their legs
tied together, is that It was "calcu
lated to bring derision upon the entire
tribe of dressmakers and designers."
T'is well, that even the people who
get together the fearfully and wonder
fully made "creations" that spoil the
good form and style of some of the"
ladles thus show vulnerability to the
critcism of that portion of mankind
and women-kind who would rather be
comfortably dressed than to be "down
to the minute" in style.
Dr. Charles W. Eliot has written a
public letter in which he says "the
social evil and the diseases Incident
thereto ought to be publicly discussed.
I am entirely convinced that the pol
icy of silence upon these subjects has
failed disastrously." The . venerable
ex-president has traveled a long way
from the situation where it was
deemed "Immodest" even to mention
such subjects and vice enjoyed all the
security of conniving silence.
The Idea of naming the newly dis
covered stone "Morganlte," after Mr.
J. P. Morgan is singularly happy. He
is himself a gem of purest ray serene
and luster untarnished. We suggest
In tnis connection that it would be
equally felicitous. If no other precious
stone Is likely to be discovered soon,
to-change the name diamond to
"Rockefellerlte." Thus' another illus
trious citizen would be properly hand
ed down to the eternities.
, Viewed in the light of the official
report on Secretary Ballinger we can
now better appreciate what a small
piece of ' business was Injected Into
the Conservation Congress at St. Paul
last Summer by the minority report.
If the middleman gets most of the
profits, as alleged by Secretary Wil
son, how does the Secretary account
for the miles of automobiles that
Kansas farmers bought this year?
Secretary Wilson's annual report
covers the farmers' percentage of the
price the consumer pays for many
products but it is significantly silent
on the subject of eggs."'
The Republican Congressional com
mittee spent much money and got
few results. This Is customary' In an
"oft" year. If It were otherwise. It
would not be "off."
Completion and dedication of thej
Neigh Dornooa nouse oy pnutuuurvpiu
Jewish citizens of Portland is a fine
exemplification of the altruistic spirit
if the age
Those Canucks did not want the
"pay" cars, so they smashed them.
When the average Canadian . is
warmed up he becomes a terror.
And it Is " to be remembered that
the report on Ballinger Is signed by
Senator Knute Nelson, whose probity
and Judgment no one questions.
Maintaining speed of 88 miles an
hour is a victory that Rene Barrier
must divide with the man who made
the gasoline engine.
r'nnMArlnf thA methods of Mexi
can Insurgents and those at Wash
ington, we d rtuaer nave rait a joo.
Rivalry la 1913 Too Remote to Causa
Break of T. R. and GIffora.
New York Evening Sun.
How well do we remember those
hr.ppy, care-free days upon the tennis
court when Gifford swatted them down
the side lines and Theodore volleyed
aud thundered at the net. The Hon.
James Rudolph Garfield brooded gloom
ily over the scene and Cabot dropped
in for tea. No cloud o'erspread that
st'Blit sky, not even the lmpend'ng
shadow of March 4, or the prospective
Interference pf the Irritating Constitu
tion then so utterly despised.
Of course those blissful hours In time
wera ended. New days, new ways.
The greatest, tennis player of them all
ntut off to Africa, the Hon. James was
pried apartafrom his Job and Gifford
aline was left to draw a salary. Of his
fir.al uprooting the poets have sung
end at thought thereof insurgent faces
still are Irrigated with tears. But
Gilford did not weep. As a holy
martyr he was twice as Interesting as
over before and he went about the land
branding the criminals of the system
wherever he happened to meet them.
One branded gentleman refused to stay
branded, but that is another story. At
least Gifford had a gorgeous time and
teams of publicity.
Besides, it was Just about this time
that the Presidential bee, buzrlng from
flower to flower, suddenly bit deep Into
the tender forehead of Gifford. And
for a Presidential candidate there Is
nothing so becoming as a neat, taste
ful martyr's crown. This the friends,
hangers on, attaches and subordinate
martyrs at once perceived, and the
great boom was on. As a professional
martyr, we presume the country has
never seen the equal of our friend. At
times lately he has had difficulty In
keeping enthusiasm at fever heat, but
he has done his best.
And now. Into this tale of gay friend
ship, happy martyrdom and eager
ambition, stalks the present tragedy.
From the Washington correspondent of
the Tribune come dark tidings that tne
most beautiful of tennis friendships Is
at an end that Gifford has seen fit to
quarrel with his maker, in short, and
Is off playing by himself. We grieve
accordingly and who will not? What
its effect will be upon this Intense
nature no man can tell; and, of course,
a blow to Gifford Is a blow to the
country's vitals, for without his foster
ing care our trees would cease to grow
and our streams to run.
What can be the explanation of this
unfortunate quarrel? you ask. We own
we do not know. Of one thing, how
ever, we do feel sure and that is that
thu reason assigned by our neighbor Is
Incorrect. Rivalry In 1912. Is the occa
sion of this snapping of anrlent bonds,
the Tribune would have one believe.
But that is nonjense. For Gifford, as
Presidential timber, is simply a pleas
ant perennial joke; and after the late
events of November, the chances of Gil
ford's former friend are not such as to
keep even an emotional martyr awake
nights.
LOG CABIN FOR CONTEMPLATION
Great Men May Think la Solitude la
Woodland Retreat.
New Tork Sun.
One of the most peculiar building
specifications ever filed in Richmond
borough was received in the office of the
bureau of buildings at New Brighton
yesterday. Chief Clerk and Plan Exam
iner James Nolan never saw anything
like it in building specifications. As
sistant Superintendent of Buildings Har
ry Brown said: "I have been in the
building business for 50 years and I
never saw anything like it before."
The document was filed by C. G. Kolff,
secretary of the Richmond Holding Com
pany, and Is as follows:
I propose to erect from trees growing
in the foreBts of Emerson Hill a log
cabin 11 by 23 in size, with three win
dows, one door and an open fireplace
with an earthen floor. It is not to be
occupied as a residence, but as a tem
porary place of retreat and contempla
tion for lovers of nature, statesmen with
political futures before them and behind
them, those wishing to reflect on the
gratitude of future generations and the
Ingratitude of the present and past gen
erations: for thinkers In general and
philosophers born as such or grown to
be such by the trials of professional,
commercial, political strife and defeats.
The building will be of logs. Cost, S50.
Emerson Hill Is one of the residential
parts on the eastern end of Clove Valley,
Concord, Staten Island. It was named
for Ralph Waldo Emerson, who lived
there for a short time. Walter W. Price,
a Wall street broker, and many busi
ness and professional men lfave homes
on It.
Theodore Roosevelt, Henry L. Stimson,
Timothy L. Woodruff, James J. Hill,
Henry Cabot Lodge. Woodrow Wilson,
Judson Harmon, Chauncey M. Depew and
other men of note will be Invited to en
Joy the hospitality of the cabin. It will
be built by a Virginia negro, who was
brought North for that purpose.
Histories of the World.
GRAYS RIVER, Wash., Dec 8. (To
the Editor.) Would you kindly advise
me In The Oregonlan which history of
the world would be the most profitable
to an average scholar. Thanking you in
advance for the favor. Yours respect
fully, A. B. MARTIN.
There are Innumerable good histories
of the world. Any bookseller or librar
ian may be relied upon for good counsel
in this matter. Rldpath's Universal
History would probably be as desirable
as any.
Take Your , Choice.
BULL RUN, Or., Dec 1. (To the Edi
tor.) Above the approach of the Sandy
River bridge the warning sign reads like
this: "Notice, 2o fine for riding or driv
ing across this bridge faster than the
walk." A bets B that "the" is not cor
rect, the sign should read "than a walk."
Will you kindly settle the argument?
A SUB3CRIBER.
The use' of the article "the" In this
connection is the better-English but is
less commonly, used than "a." Either
is correct
Served Him Right.
Chicago Record-Herald.
"The husband of an actress recently
whipped a man in a Chicago restaurant
for staring at her."
"It served him right. A man has no
business to look at an actress because
he has put on clothes that are intend
ed to attract attention."
Everything; In the Wash.
Courier-Journal.
"Family all back from the Summer
trip?"
"Yes."
"I hear your wife is confined to her
room. What does the doctor say?"
"We haven't employed a doctor. The
laundress promises to have her out In
about four days."
. Why la Ears; like Autof
Indianapolis News.
At present and prospective quotations
an egg Is very much like an automo
bile. It Isn't worth the money, but
If you are going to have It you have
to pay the price. Still, on the other
hand, the upkeep Is not such a serious
matter.
Canae of the Change.
Chicago Record-Herald.
"I can't understand why you hate ber
so. You used to rather admire her, I
thought."
"Yes. but he and I are singing in the
same church choir now."
Lawyer im Case Upholds Decision in
Starkey vs. Luna.
EUGENE, Or., Dec. 6. (To the Edi
tor.) As one of the attorneys in the
,caae of Starkey vs. Luns, referred to In
The Oregonlan last Sunday, it
seems to me that I ought to challenge
some of your statements. You there
assert that Lunz "was robbed of his
farm," and If this Is so, the matter will
merit considerable space In public
print. Permit me to give the facts of
that case. .
John Brown, a Minnesota butcher,
failed, leaving no assets in Minnesota, but
a timber claim in Douglas County, Ore
gon. One of his creditors forwarded hto
claim to a Roseburg attorney to have it
enforced against the timber claim, this
was Lawrence. Another, Starkey, for
warded his to me at Eugene. Both were
sent with a "rush order" lest the butcher
should sell before attachment could be
made. The Roseburg attorney had some
what the advantage, and hie papers in
dicate that he rushed things. I made as
good time as possible, but my papers
were filed later. I had no knowledge
of the euit at Roseburg until my proceed
ing was pretty far along. I Immediately
notified my client, and was directed to
redeem from Lawrence's sale. I went to
Roseburg with that end In view, but I first
examined the Lawrence proceeding. I
could not expend the amount of my
client's money necessary to redeem If
the proceeding was Invalid. My exami
nation disclosed three grave defects:
The attachment writ was not under the
seal of the court; the affidavit for publi
cation of summons named Two Harbors,
Minn., as defendant Brown's residence
(it did not in any way mention Duluth),
but the order based on It directed the
eummons to be mailed to Duluth, and
lastly the proof of the publication of sum
mons was not shown to be made by one
of the parties authorized to make it by
statute. (The last of these three defects
had been suggested as fatal in an early
Oregon case, and was expressly so de
clared In tho case entitled Ex Parte Laf
ftrty, decided about a year ago; but
let us forget that for the present). You
quote a provision which says .that the
court "may, before trial." supply cer
tain omissions. You assert this in effect
renders these omissions harmless whether
the court allow them to be supplied, or
whether application is made for that pur
pose. This Is entirely new to me, and
I cannot understand how that provision
could be so construed. Certainly no ap
plication was at any time made to supply
any omission or correct any mistake in
the Lawrence proceeding, and the time
had passed when such application could
be made. Deciding that it was unsafe to
attempt redemption, we stopped efforts In
that direction, and determined to stand
on our own proceeding.
Now I confidently assert that there is
no reputable, practicing attorney in the
State of Oregon who would advise s
client that he could safely buy the Law
rence title on such a record. Neverthe
less this is Just the time that Lunz comes
in as the new owner of the Lawrence
title. You call him the "wretched Lunz.'"
Surely that was a moment of Inspiration
that led you to select that term, for
whether he paid full value for the land
to Lawrence, as you declare, or only a
fraction of its value, taking a gamble on
the result of the litigation, or whether
as I suppose, he simply loaned his name
In a friendly way, hoping thereby to
strengthen Lawrence's case in appear
ance, he cuts an equally "wretched
figure in the case.
But you seriously reflect on our court
because it held that a writ of attach
ment without the court's seal was no
writ. They are known to be honorable
men. learned in the law; the litigants
, in,A-AtAi in the case were
miu .uu.
all non-residents. Surely nothing appears
to suggest that tne guuges numu -incision
for any other reason than that
.i thiiiffhf that under Oregon
UlCy ILOiiJ - - - - - , ,
laws, which they bad no hand in making.
but were only construing, eucn was
case. Was that conclusion utterly fool
ish'" The Supreme Court of the United
Stales, termed the most august judicial
tribunal on earth, made the same deci
sion and you may find it in Insurance
Company v. Hallock, 6 Wal. 65. Other
courts have made the same decision. The
omission was not quite what you assert
it to be, "the failure to paste on a bit
of red paper." Private seals are some
times made that way. Seals of our courts
of record bear the name of the court
and some device, and are impressed upon
the writ to show the common man that
it Is in fact the act of a court- The In
dividual la not bound to surrender the
custody of his person or his property to
every person with a paper professing to
be the writ of the court. He Is not com
pelled to know the genuine signitures, or
even the names of all the clerks of
courts that may issue writs against him
or his property. The law has provided
him in the seal of the court a convenient
method of ascertaining the genuineness
of the command. If the paper is not
shown him but only recorded in some
office, the need of the seal is even more
apparent From the record he could not
Judge of the genuineness of the officers
signature. ,
While the law does not in terms require
the corporate seal to be impressed on
corporate Instruments in most cases, busi
ness convenience does. Suppose a certi
ficate of stock In your own very solvent
publishing company to be floating around
in Minnesota, regular in other respects
but without the corporate seal: Would
not even the "wretched Lunz" shy at it?
But suppose two. like numbered, like In
. K-itK otia without the cor-
wrate seal, would he make the "wretched
choice" or tne one iui mo
But a word -further: You speak of
Btarkeys case as "perhaps a little fishy."
You have not the slightest basis for this
Insinuation. You talk of "red paper" and
.. .i im,.,. ! nntMm about red
paper and paste in the case. You speak of
" , , Thar, irn, no
"stealing a mans mim. " , ;
farm. Lunz bought only a timber claim
in litigation a law suit and that has
ever been regarded as a hazardous under
taking. Such terms as you use have no
place, it seems to me, in any fair dis
cussion as to. whether or not the court
erred in the decision in the Lunz case.
Very respectfully yours,
Costs o Stop Train. -
Buffalo News.
According to Signal Engineer J A.
Peabody, ot the Chicago & Northwestern
Railway, who Investigated the matter on
his own line, the cost of stopping a train
of 630 tons and returning to a speed of
60 miles an hour is 42 cents.
The cost of stopping a 2000-ton train
from So miles an hour Is 81.
Tha officials of another road estimate
each stop of a six-car passenger train
from 45 miles an hour at 35 cents and for
a 1600-ton train from 16 miles an hour at
66 cents. '
The time lost for making a stop on a
level, straight track has been estimated
at 145 seconds.
Bnddha Images in Demand.
. New York Mail.
The latest fad Is the collecting of
Images of Buddha. The craze has ap
peared in New York, but Is strongest in
Washington, where the society woman
who has fewer than three statues of
Buddha Is looked upon as a person lack-
, 1 - ...n ma ThT R nil Aft TR tO bO
little or no religious sentiment in the
fad it is merely (a raa nun
more. But all the same it Is creating a
i - .ww.rA fnr- R n H rl h fl R and the
manufacturers will doubtless see that It
is supplied.
. Valid Excuse.
Boston Transcript
v - chKh, "Hanrv. that's twice
you've" come home and forgotten to
bring the lard."
Subbubs "Yes. my iove; its iu iibj
It eliied my mind.
Life's Sunny Side
Samuel C. Martin, warden of the
Essex County penitentiary, was called
to the door the other day by an in
sistent individual, who had "business
of importance." The warden went to
see his visitor, and was somewhat dis
pleased when the caller introduced
himself as "Jimmy the Brick." lie
stated a bosom friend of his was con
fined there, and that as he had not
seen him for some time, he would like
to be shown to his cell, even though
not a visiting day. The warden was
not inclined to let him In.
"The Brick." however, was not to be
turned off easily, and unfolded some
thing like this:
"When dis guy was pinched I put up
de swag fer de lawyers, consoled him
by me dally visits, and worked brains
loose tryin" to leadplpe de jury. It
wasn't no use, but Just to let him see
'The Brick' an' his pals ain't backed
on him, I would like to see him.'
Touched by "The Brick's" loyalty,
the warden helped him make out a
card, and carried it himself to the pris
oner. "And what d'ye fink." 3aid "The
Brick," angrily, talking to his pals a
day later, "dat miserable mutt tells
de warden to kindly Inform me he ain't
In?" Newark Star.
When the Crown Prince of Sweden
married Princess Margaret, the pretty
niece of King Edward, he arrived at
St ' George's Chapel, Windsor. Just
when the perplexed officials were at
their wits ends to provide and observe
due order of precedence.
As the Prince was standing In the
doorway with his attending grooms
men, one of the officials bustled up.
"Now, sir," said he, scarcely glanc
ing at the Prince, "who might you
and your party be, and where am I to
send you."
"Where you put me doesn't much
matter," the Prince replied, meekly. "I
am only the bridegroom." St. James
Budget.
a a
The waning rumpus In Mexico re
calls a little Incident connected with
the Chamber of Commerce excursion
to the Diaz Republic.
The special train bearing the party
was switched from one station to an
other in Mexico City, and the Cham
ber officer went to the first station
to make Inquiries.
Approaching a pair of dark visaged
employes, he cudgeled his memory for
the proper words from his phrase
book.
"Donde esta," he hesitatingly asked,
and paused.
The two dark visaged persons
listened attentively.
"Graclas," stammered the Cleveland
man. "Donde ewtan?"
Then one of the men looked at the
other.
"Say, BUI," he growled, "what in
merry blue blazes is this fellow talk
In', about?"
And after that It was easy. Cleve
land Plalndealer.
VERACITY OF SCRIPTURES 'SHOWX
Descriptions of Life Plainly Recognize
able In Holy Land Today.
Columbian Magazine.
One thing cannot fail to impress every
visitor to Bethlehem, and. indeed, to the
Holy' Land generally, who Is imbued
with true Christian faith and a proper
sense of the sanctity of the location and
of the events that have transpired there,
and that Is the more than remarkable
correspondence between the things and
places shown us today as having been
associated with the life and work of
the Savior and other events that enter
into the structure of our religious faith
and the descriptions and accounts of
them, as furnished us in the pages of
the Holy Scriptures. They agree with
them In every respect and it Is Impos
sible, after carefully considering and
comparing them, to doubt their identity,
so exactly are they In accord with the
Bible narrative.
The work in the fields, the arrange
ment of the buildings, the very articles
of diet and clothing of ancient days are
plainly recognizable In the doings and
surroundings of today. Indeed, where
modern methods have not become ob
trusive the manners and customs of the
people remain much the same as in the
days of the presence on earth of the
Savior. Between the descriptions given
in the Bible of localities, climatic and
geographical conditions, distances, etc.,
of these times and those of today there
is hardly any discrepancy. Even a
skeptic, considering this remarkable ac-
cord of circumstances with the Biblical
narrative, cannot but be convinced of
its, veracity: to the believer it comes aa
a iwonderful conviction, a satisfactory
corroboration or encouragement to see
things as those who described them so
graphically saw them so long ago.
On the Morning After.
New York Evening Sun.
"After mature thought I confess that
I do not know absolutely whether I
reached the pole or not" Dr. Cook.
"After mature and careful considera
tion I am not sure whether the cherry
tree- I observed sprouting between the
stag's antlers was caused by the cher
ry pit with which I shot him or was
merely the result of purely natural
causes." Baron Munchausen.
"After solemn deliberation I am un
able to state that my election predic
tions were absolutely accurate." Ezra
Prentice. -
"After a sincere period of introspec
tion I cannot say with any degree of
certainty that Mary-ol-the-vine-oov-oreri-rottase
is an unqualified success.
Senator Beveridge.
"After a corning stuoy oi x"j ob
ject I am free to admit that the Con
stitution is not so absolute a back num
ber as It appears at first blush."
T. R.
.. . tt.iin mvBAlf around the
AlkBI i. 1 . ' n
Dalace yard I am unable to aver that
Arctic exploration is au ,
Ing." The King of Denmark.
Needle Travel Many Miles.
December Strand.
nnAnla nrhn WlthOUt
mere are uianjr -
walking, are constantly moving some
portion or tneir ooaies, auu ui-
; i -A- ,v.a a e-arreerate. an
amount of space which is absolutely
astounding, xane mo -who
scarcely moves at all a tailor.
Seated Turkish fashion, he piles his
needle from morning to night in order
to have an overcoat or a pair of trous
ers ready for an impatient customer
at the appointed time. His needle
-,, ... i of tha rn t of about
ines 10 u
onco a second. If we reckon a spice
. n..A aA h, f M Q
of 20 lncnes as mat - ' - ' J
- . -i. . 3 ; -liut shnnM VOU
course OI me " -
Imagine this distance amounts to in a
vear? The rigure is, to any mo
: .. K 19 mlloa for n
It SUrpnsius . -T
day's work of ten hours, or nearly 4000
miles tor a year oi -"-j
. i . . i - .1, vaara thtk tailor's
in a inns - " j -
needle, and consequently his hand, will
i.ave covered a distance equal to the
circumference of the globe.
Bible In Newspaper Style.
New York Mall.
Rev. W. H. Jordan, of Jerseyville, 111..
Is of the excellent opinion that the
Bible written in newspaper style would
h. vaatlT more Interesting. Let us
give Rev. Mr. Jordan his way: "Adam
and Eve, surnames not known, were
evicted from their Summer home at
Parad'se Park today. The cause is not
known. Both are seeking employment."
Or: "Battling Abel failed to come back
last night and was KnocKeo out. in ine
first round by Kid CaJ." It's too easy
to multiply them.