Morning Oregonian. (Portland, Or.) 1861-1937, March 30, 1911, Page 8, Image 8

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roTLA.I. THl KrU.tr. MARCH M. ltL
LA Vt ICRS AND UIVM.
It la not th big men of the legal
profusion who oppaM the reform of
Judicial procedure. It ' la tha little
enea who think they aee destitution
before them if the dilatory plea, tech
tie H ties, evasions of justice and petty
word worship of the court should
ever be abolished. Such personages
a President Tail. Attorney-General
Wlckersham. Judge Amldon of tha
Federal Court and Senator Root are
unanimously of the opinion that re
medial chances are needed. Mr. E. B.
Ilaney thinks they are not. lie told
the Multnomah Bar Association that
he thought the criticisms commonly
made on the methods of man) lawyers
and some courts were "unjustified and
unfair." Mr. H.iney believes th.U If we
abandon the (Juratory of local forms
and aerJt mere Justice, a chanice
which, he says. "Is hysterically de
manded by the press.- there Is dancer
that '"the country will go to ruin."
This Is frightful to contemplate but
there are considerations of one sort
and another which may tend to soften
our apprehensions. One of those who
have been most "hysterical" In ursine
the correction of our faulty procedure
Is Mr. Tart. He has dectar.'d openly
that In Its present condition "It Is a
dl?race to civilization." Since the
President is not a man who expresses
hlnuelf wildly or Is apt to approve of
anything; which forebodes National
ruin, perhaps Ms Judgment on the
subject may at l-ast partially counter
balance Mr. Hancy's.
There Is additional comfort to be
found in the fact that England has
adopted pretty nearly ail the reforms
which the hysterical press of the
United States is clamoring for. They
are applied dally in the trial of law
suits In that country with results
whe-h are highly satisfactory. No na
tional ruin has reared Its horrid head
since they were Introduced. No doubt
ruin has descended upon a few law
yers of mediocre ability who formerly
made a Urine by pillaging long-suffering
suitors, but the subjects of King
George seem to endure the calamity
with equanimity.
In England If John owes Henry a
a-ui ll is augment mr rieiiry iu gu
Into court and say so. The pleading
need not specify how. where or when
the debt was Incurred. The mere
statement of the fact that It Is owlng
constitutes a cause of action and gives
the court jurisdiction. In criminal
cases It is sufficient If the accused ap
pears before the Judge. Jurisdiction
Is then complete. No matter haw be
rets there, no matter If his name is
spelled wrongly In the Indictment, no
matter If a dozen commas are left out.
no matter what Informalities may
have been committed, the prisoner la
there for trial and the only business
to which the Judge will usually pay at.
tention Is the question of his guilt or
Innocence.
What sensible man can find fault
with this? If the accused Is Innocent
he ought to be trttd at once and dis
charged with a verdict which sustains
his good character. If be is guilty he
cannot complain If he Is convicted
speedily. In this country very often
the all-Important question Is not
whether the prisoner Is guilty, but
whether every minute formality of in
dictment; arrest and arraignment has
been accurately performed. Our pro
cedure has degenerated Into a sort of
Confucianism where mlcrosoplral
ritualistic ceremonial bos superseded
the quest of justice.
There la nothing In the world which
much of our court procedure resent'
bies so closely as It does Chinese etl
que:te. The verbosities and ceremo
nial prostrations of our lawyers are al
most precisely like the polite perform
voces of two mandarins when they
meet. Some authorities have com
pared tbem to the matrimonial dances
of certain f wls at pairing time. It Is
said by scholarly observers that the
solemn gyrations of the great auks at
that critical season remind them fore.
Ibly of the proceedings In an Ameri
can lawsuit.
la spite of a few voices which depre
cate all betterment, lawyers as a class
are convinced of the necessity for the
reform of Judicial procedure. They
know very well that a man who gets
into court Is likely never to get out
again, or If he does escape it Is as a
brand from the burning with nothing
left but his skin and bones and even
those well singed. For that reason
every respectable lawyer hesitates to
advise a client to begin an action.
Endure anything short of ruin." they
say. "rather than go to law."
Now the purpose of courts Is to ren
der Justice to common men. How
far from that purpose they must have
strayed when the best lawyers tell us
Justice Is not to be found there! It
will require more than Mr. Haney's
word to combat this universal Impres
sion. The people are so convinced of
the bad condition of legal procedure
that they have takfn the matter of re
form Into their own hands. Since they
must act without adequate knowledge,
of course, they cannot be expected to
act very wisely, but If the lawyers do
cot like what the people do there is
an excellent way for them to obtain
something better. They have only to
take hold of the plow handles and
drive the furrow themselves. Unless
they consent they msy feel perfectly
certain that, whether for good or evil,
the people will do it for them. It Is
preposterous to expect that present
conditions w!!I be endured forever.
Forty-two original entries of land In
The Dalles district were made at The
Dalies Monday and Tuesday, many of
the entrymen being Ausuians and
Russians who have Just arrived for
the purpose of securing a home. While j
It ta no longer possible to secure as
valuable claims as could be picked up
twenty years ago. there Is still some
very good land open for settlement.
Most of It Is so much better than the
claims that are available in the Gov
ernment land lotteries that the new
settlers-will not have much trouble in
toon getting It into shape where It will
produce something more than a living.
If this Nation could divert all of the
Austrian and Russian Immigrants to
the country Instead of having them In
tensify the struggle for existence In
the congested labor centers In the
Eastern cities, everybody In the city
and country alike would be a gainer
by the move.'
faroox co.s r:s.e.
: The predicament In which Messrs.
Farsoa ez Co.. bond brokers of Chi
cago, And themselves as a result of
their little i:S.000 flyer In a Portland
bond Investment Invites a few reflec
tions and observations. Farson A Co.
made a bid for 1500.000 Broadway
bridge bonds at 3.8 cents. They de
posited a certified check for $23,000
as a guarantee of good faith. They
stipulated, however, that the legality
of the bonds must be approved by
their attorneys.
80 far all was welL The bond bro
kers or the attorneys, or both, dilly
dallied along for some weeks, and then
came a more or less diplomatic sug
gestion from Farson & Co. that Tor a
12000 fee a favorable opinion on the
bonds by that high-minded and un
mercenary firm of attorneys would
doubtless be forthcoming, and the
SSOO.OOO transaction in bonds be duly
closed.
The city wanted very much to sell
those bonds, but Mayor Simon was un
willing to enter Into a negotiation with
Farson Co. or their thrifty lawyers,
or anybody, that suggested collusion
or savored of blackmail. In course
of several further weeks of considera
tion and procrastination, the Fatson
attorneys reported adversely on the
bonds, giving the shallow ground that
their validity was doubtful, since it
was proposed to sell them below par!
Such an opinion. Ii view of the past
history of Portland bonds and of
bonds every'n'r. not wrthr of
respect or serious discussion. It
speaks for Itself: the motive biTvInd It
Is perfectly clear.
But the query naturally arises as to
what would have been the opinion of
the Farson attorneys if the 12000 bad
been forthcoming? If Farson Co.
bad got the S200O and the lawyers had
still reported adversely, would they
have been obtaining money under
false pretenses? If they had got the
$2000. did they Intend to turn It over
to the lawyers for a tervect opinion?
If the opinion Is sound without
$2000. how could tt have been Im
proved or made more correct with
$20.00? What Is any lawyers opinion
worth that may be influenced, or en
tirely changed, by the size of his fee?
Do Farson Co. employ lawyers to
give them any kind of an opinion to
suit any emergency? Do Farson & Co.
think they have given Portland a
square deal? Or did they Intend to
give a square deal only on condition
that they got that $200? Is that
honorable dealing? Or do they know
or care anything about ethics or honor
or honesty, except on a $2000 fee
basis? '
TVJtrXO OF INCOMES SOT NEAR.
Uncertainty as to the final ratifica
tion by three-fourths of the states of
the Income tax amendment to the
Federal Constltutlo 1 seems certain to
be prolonged for several years. The
amendment will not become effective
until the Legislatures of thirty-five
states have ratified It and only 17 have
so far given their approval.
Eleven states have rejected the
amendment, but this does not neces
sarily mean that every one of the eight
states that have not yet acted must
ratify the amendment In order to
make It effective. Congress In 16
adopted the rule that a ratification
of a constitutional amendment cannot
be rescinded by a state, and that a
state having once rejected it may take
it up subsequently and ratify It. An
amendment la always pending until
carried.
It Is probable that some of the
states which have acted adversely
may yet approve the amendment, but
there seems to be no possibility that
approval by the necessary thirty-five
states will be attained this year.
The Legislature of three states that
have heretofore rejected the amend
ment do not meet again until 1913.
These states are Louisiana, Vermont
and Virginia. The Legislatures of
three other states. Arkansas, Utah
and West Virginia. rejected the
amendment this year and their ses
sions have expired by constitutional
limitation. The Legislatures of three
statoa that have failed to act. Dela
ware. Tennessee and Wyoming, are
over and will not convene again until
11$. In two other states. New Hamp
shire and New Jersey, there Is no in
stitutional limit on the length of the
legislative session, but both states re
jected the amendment this year and
could not be expected to rescind the
action before the convening of an
other Legislature, even If the 111 ses
sions were prolonged.
Her are eleven states that are out
of the running on the question for
this year. Probably the Legislatures
In several of the eight remaining
states which have heretofore rejected
the amendment or failed to act have
adjourned. Press reports have not
followed the sessions in some of the
Eastern states closely. Tet it would
require favorable action by every one
of the eight outstanding to ratify the
amendment at this time.
In Connecticut and Pennsylvania.
where no action has been taken, and
In Massachusetts. New York and
Rhode Island, where previous sessions
rejected the amendment, there Is no
constitutional limitation on the length
of the legislative sessions and the Leg
islatures In each of the states named
convened early In January. No action
has been tsken In Florida, where the
Legislature convenes April 4. nor in
Minnesota, where the present session
expires by constitutional limitation on
April I.
The twenty-seven states that nave
ratified the amendment are: Cali
fornia. Nevada, Montana, Washing
ton. Oregon, Idaho, Texas. Mississippi,
Alabama. Georgia, South Carolina.
North .Carolina, Kentucky. North
Dakota, Ohio, Iowa. South Da
kota, Illinois. Nebraska, Kansas, In
diana, Maryland. Missouri, Oklahoma,
Wisconsin. Michigan and Colorado.
It Is a notable phase of the situation
that there Is little heard In argument
In the state where the amendment
Is still rending along the line of oppo
sition expressed by Governor Hughes
In his special message to the 1S10
New York Legislature. The article It
la proposed to Insert in the constitu
tion reads:
Artlcla t Tha Coo-reae ahall hara power
t tar and collet taee on liKomfi from
arhatarar aource darlv-4. without apportion
ment among tha eavaral states and without
regard to any cecaua or an amaratlon.
Governor, now Justice. Hughes, ob
jected to the phrase 'from whutever
source derived." He contended that
the states would be surrendering to
Congress the right to tax state bonds.
The principal argument against the
amendment In states numbering many
wealthy men among their citliens
now Is that such states would be taxed
out of proportion to their population.
It Is also argued that the taxing of In
comes Is properly a state function and
that if the Government were permit
ted to tax Incomes the states would
be barred therefrom by the inhibition
against double taxation.
The Oregonian has frequently dis
cussed the fallacy of the population
argument and It sees no virtue In the
double taxation theory. If both state
and Federal Governments' attempted
to Impose Income taxes, each tax
would be for a different purpose. In
our states we now levy separate taxes
on the same property for state and
local purposes and it is not consid
ered double taxation.
The merit of the amendment, on the
whole. Is such that the necessary
three-fourths of the states will prob
ably in time ratify It. But wealth will
be-safe from the Income tax for some
years to come. In any event, for even
after the amendment Is ratified Con
gress must adopt a schedule, enforcing
provisions and otherwise enable the
carrying out of the purpose or we
amendment.
MR. CARNEGIE'S RESPONSIBIXrTT.
Developments In the defunct Carne-
arle Trust Company do not place
mrr .n via hi a llarht the eminent dls-
burser of libraries, whose name was
the magnet that attra-ted the savings
of the small depositors. The respon
sibility of the so-called "Carnegie
Trust Company," as revealed by the
disclosures since the failure, was de
cidedly limited. The name "varnegie
w. V . nplnrlrtil ft? Without Which
the concern would hare had but little
better opportunity for doing Dusiness
than that or any smau Dana 01 on
vA.. pMoiinvi WhAn the InstltU
tion closed its doors. Mr. Carnegie was
quick to inform the puouc tnai ne hm
no financial connection witn it, ana u
n v. . nrAi.in t t ni j, t-1 ham not show
ntrlf-n In aasfaf It to a DOsltlon
where It can honorably liquidate Its
indebtedness.
a ri ... t xfe ririarlii from the be
ginning permitted the trust company
to make use or nls name, no whs u
one time induced to loan the Institu
tion $2,000,000, which was repaid,
Again In 1910 he advanced $2,100,000,
Km Kaln. mora -rAftV than the deDOS"
Itora, he seems to have been very well
secured. In aanuion 10 ino nura u
., K,nw vfmnt-ai he received as Re
curlty stock of the Van Norden Trust
Company on which $1,300,000 was re
alized. He also bought oacg ior i.
a A A AAA .f.nl Kin H a m'hlcH he had DU
in at $2,100,000, and as further pro
tection against his possible loss of
$500,000. ne was given biuck jji
fhl, Irnn rnmmnT.
There can be no question about the
moral obligation assumed oy tne iron
master when he permitted the com
pany to use his name. Having thu
. ..rrt.- thta rMDonHlbllltv for a con
sideratlon, he cannot, with credit to
himself, evade the payment of the
losses sustained by the people who
were attracted oy tne magic 01 m
name.
MOTTJrfi TUB TXITAIUAN CHTRCH.
Portland people who love their city
will read with pensive reflections the
news that the Unitarian "Church of
Our Father" Is to be sold. Of course,
the reasons are apparent. The prop
erty where the meeting-house stands
ha become of great value while the
attendants of the church services dwell
far from It In other parts of the city.
Times have changed since the old
building sttod in the heart of the resi
dence Quarter. Commerce has inaa
ed and conquered one street after an
other until now its surges break on
the very walls of the building. It Is
time to go. Religion must strike its
tents before the advancing troops of
Mammon and flee to safer quarters.
From every standpoint of prudence
the contemplated move is a wise one.
The sum which will be received for
the property will buy ground ror 1
better building elsewhere and probate'
!v almost pay for erecting It, while on
the score of convenience the gain will
be Inestimable.
Still it 1 not pleasant to see the
churches abandon one after another
their old citadels. The modest pres
ence of the Unitarian meeting house
In the noisy haunts of trade has been
of positive spiritual worth to tne city.
It has stood for the ideal In the tur
moil of the sordidly material. It has
stood for the brotherhood of man be
tween contending hosts who some
times forgot that man was anything
but a tool to be hammered home or
an enemv to be hated. Oftentimes
the melancholy old building has seem
ed to repeat softly Wordsworth
plaintive moan over "what man has
made of man;" but again It has re
gained Its cheerfulness, ror lr human
brotherhood Is frequently obscured
God's fatherhood abides forever.
The old meeting house stands "like
a good deed in a naughty world." ra
diating peace and love. Would It might
stand where It Is until Its message has
been heard by all men and obeyed.
Would It might then stand as an Im
perishable memorial of the power of
divine love to conquer passion and
heal the wounds of the world.
COMFORT FOR THE SOCTHWEST.
The Puget Sound newspapers have
hastened to assure the people of
Southwestern Washington that the at
titude of the Senators from Pierce and
King Counties, which resulted In the
defeat of the Pacific highway bill, did
not reflect the sentiment of the busi
ness men of Seattle and Tacoma. Still,
w have failed to observe any loud
and urgent demand that there be
granted the special session the desire
for which was expressed by the South
western Washington Development As
sociation. The Southwest merely gets
the assurance that the' "unfaithful leg
islators are receiving the censure and
facing the criticisms that are their
due," and that "the men who blocked
the road may prepare for the day of
retribution."
This from the Seattle Times, and
there is more In the Times and Ta
coma Ledger about "combinations"
and opposing road plans. But per
haps the most cheerful view of the
situation Trom the Puget. Sound
standpoint Is found In the declaration
toy the Ledger that the - "Portland
newspapers ar busily engaged in an
effort to stir up prejudice against the
Puget Sound cities." The Ledger ar
ticle seems to have been written with
the Idea of comforting both the
Southwest and Tacoma. As to the at
titude of the Portland newspapers, the
statement may pass In Tacoma, alone,
but promise of retributive Justice for
the legislators and protestations of
friendliness must be cold comfort for
the Southwest at a time when it is
asking material aid.
We distinctly recall, too, that the
principal argument advanced against
the highway bill In the Senate was
that It would aid Portland business In
terests. Because Portland might re
ceive a reflected advantage from the
general growth of the Southwest and
the Improvement of its means of
transportation, the Southwest was to
be denied better highways. The Sen
ators professed at least to be voicing:
the sentiment of the business Interests
of the Puget Sound cities. Perhaps
they were mistaken. We hope, for the
benefit of Southwestern Washington,
that they were. Yet it is but natural
that declaration of such a policy
should stir up prejudice In the South
west against the Puget Sound cities.
The Portland newspapers did not set
the Ore. They have simply reported
the conflagration.
Just now. If we read the signs right.
what the Southwest wants is deeds,
not words. This opinion must be de
rived from the words of the Aberdeen
World, a newspaper which probably
represents the largest single constitu
ency of any newspaper in Southwest
ern Washington:
Tha action of tha govarnlng committees
of tha gouthweetern Washington Aaaocia
tlon in condwmntns tha methods by which
tha Paclflo hlKhwar plan waa daleatad In
tha lata Legislature and calling on tha
bualnaas Intereata of Tacoma and Seattle to
ret behind the project or ba considered aa
anjrthlna; but friends to tha fouthweat. waa
tha most advanced action tha association
haa aa yet taken in declaring tha Independ
ence of tha Southwest. It waa not as ad
vanced around aa tha majority of tha dela
satea to tha association dealred to occupy,
but tt was much mora advanced than any
thing that haa ona before, and It waa tha
beat that could be done at thla time, it
means that In tha end tha Southwest will
determine to Ita own complete aatlsfactlon
that It can expact no aid aither from Seat
tla or Tacoma, and that It must go Ita own
war alona. or ally Itself with Portland.
There, la no other alternative. . .' . Tha
future attitude of the Southwest ta now
up to tha citlea of tha Sound. Thar can bs
friendly or not. If they do not care enough
for our trada and our frlendahlp to aid ua
In tha matter of thla Paclflo highway, they
will serve all anda beat by frankly stating
their attitude.
Portland's contention is and always
will be that natural trade channels
cannot be blocked by artificial means.
Portland does not hope to gain all the
business of Southwestern Washington
that may be transacted outside the
limits of that section. It has had and
will continue to get Its share. It at
tempted in the past to do its propor
tionate part In aiding the growth of
that territory. It will undoubtedly
continue to do so. Ita chief effort will
be to maintain friendliness toward
Itself and not to promote prejudice
against commercial rivals.
With the near approach of another
wheat crop the world's markets are
again, showing decided weakness. In
Chicago yesterday May wheat sold at
the lowest point reached in three
years, the close being 27 cents per
bushel under the close on the same
date last year. World's shipments
last week were 4.000,000 bushels
greater than in the same week of
1910, and quantities on passage were
7,000,000 bushels greater. From all
countries where the premier cereal Is
grown come reports of good crop
prospects. Even at present prices the
business Is so attractive that It is not
Improbable that the "world's record
wheat crop of 1910 will be surpassed
by that of the present year. In the
Pacific Northwest, where such a large
proportion of the crop is shipped out
of the country. . cheap wheat Is not
wanted, but so long as our growers
must compete with those of every
other wheat country on earth they
must be prepared to accept the com
ing low prices with as good grace as
possible and hope for a return of
last year's high figures.
On rare occasions. Government of
ficials display real business intelli
gence In their , methods of. handling"
business matters. We note, for in
stance, that Secretary MacVeagh is
reported to be contemplating the dis
continuance of revenue collection dis
tricts where revenues do not pay ex
penses. Included in the 10 districts
where no revenue is collected is Ya
quina Bay, and at Coos Bay last year's
collections were $1, with the expense
of collection placed at $267. No legit
imate protest can be made over the
abolishment of collection offices that;
do not collect. Savings of this kind
are on a pretty small scale, but per
haps, after the Government stops a
few of the leaks at the spigot it may
make a move on the bunghole where
there are opportunities to save mil
lions. If any private concern followed
Government methods In the adminis
tration of its business. It would re
quire unlimited capital to keep It out
of bankruptcy.
Thai romlnr of Professof TV. S.
Thornber, of the Washington State
Agricultural College, to Portland to
lecture before the Y. M. C. A. Apple
Culture Club is an event of more than
ordinary Interest to horticulturists.
Professor Thornber is a recognized
aurhnrtlv in tha Northwest, and Is the
author. of several valuable bulletins
which have been widely distributed.
The Hoyt-street restaurant which
Kaan -nhhari four times lately will
begin to lose confidence In the pro
tecting power of the police pretty soon,
we fear. For the sake of retaining
its hold on a wavering public faith
.& vndriiiana of our lives and nroD-
erty might do worse than to camp
out near that restaurant ana watcn
hat goes on there. ,
Th lnrllenltiea to the young women
at Pullman bv young men students
passed the bounds -f ordinary hazing
nd the perpetrators deserve more
than a reprimand. A few of the girls"
brothers might with Justice be called
in to administer proper punishment to
the hoodlums.
Sr. axcustomed were Kansans In
Brown County to the Itch they did not
recognize smallpox until fifty cases de
veloped. The average jayhawker can
come up to the scratcn every time.
The trade has- Its eye fearful on
Congress, but wool continues to grow
on tha Oregon sheep without a tremor
of apprehension
Another French aviator committed
Involuntary suicide Tuesday by drop
ping 2000 feet.
The letter-carriers will at last have
Sunday off. They deserve It,
TOASTl OREGON HEXS AND OWXERS
More to Be Preferred. Says Writer,
Tssa Over-Refloed Bathetic Folka.
PORTLAND, March 2S. (To the Edi
tor.) The "City Bred" man and the pain
fully "Esthetic Citizen" whose nostrils
are offended by the odors arising from
chicken yards in the city, whose eyes
are shocked by the sight of chickens
within the city boundaries, and whose
ears are violated by the crowing of
roosters in the early morning, have not
only missed their calling, evidently, but
should be translated bodily, though gent
ly, to some serener sphere where noises
are not and unpleasant odors do not
break in and administer knockout droDS
to these who have been over-cultured
and whose nerves are set on a hair
trigger. The man who does not enjoy the sight
of a chicken, hen, rooster or the little
feathered baby, is necessarily the victim
of a half-fnatured education both along
utility lines and in the realm of real
beauty. Such an unfortunate, one might
safely assume, is a devotee to some dog,
almost any kind of a dog a kind of ani
mal, with all its traits of affection,
which, take the race as a whole, has
never yet contributed a cent toward the
upkeep of the human family where its
destructive qualities have readied the
dollar mark. The habits of a dog are
extremely fllthy. One can't eat a dog
at least one never wants to and as
against the expense of keeping him, he
eats his head off at least once every
day.
Why not rule horses out of the city?
Don't they belong on the farm? Then
there are livery stables in all parts of
the city where the odors arising are
really "fierce!" Isn't Mr. "Esthetic Citi
zen" outraged frequently as he passes
one of these?. Isn't the horse an abomi
nation to - be catalogued with the un
pleasant features of a refined life that
offend the truly "City Bred?"
There's the automobile, whose honk,
heard at all hours, day and night, car
ries with it the essential reminders of
immediate death. Should it be permitted
to continue its career of annoyance
among people who have chosen to. reside
In a city? Frankly, I would much rather
hear the optimistic croaj of a Plymouth
Rock at 4 o'clock in thu morning, know
ing that I have the privilege of taking
a new "holt" on the bedcovers for an
hour or two yet, than the yelp of a
speeder's horn at the noonday hour when
all my faculties are at "attention" and
only man is vile.
Besides, there are no odors arising
from city poultry yards. As a rule, they
are well kept, and the fertilizers are
useful for vegetables and roses this in
the interest of health and success. An
other view is that since Oregon imports
thousands of dozens of both eggrs and
chickens every year, for its own con
sumption, and since farmers will not
supply this demand, it has become an
economlo necessity that people living In
cities should contrlbnte to the problem
of reducing the cost of living. They
are making a great success of It, and
both "City Bred" and "Esthetic Citizen"
if they ever deign to participate In
the pleblan performance of devouring
an egg. and it should really be a fresh
one may thank their stars for that dis
tinction that some thrifty city housewife
has been dabbling in the chicken busi
ness In her backyard. .
Neither Is it true that a vacant lot
will yield more profit In berries or "gar
den truck than If devoted to the pro
duction of poultry. The difference In
favor of the latter la not to be men
tioned on the same day. This leads to
the fact that some people are very mucn
opposed to the raising of gardens within
city limits.
The Rose City Park Improvement
League is offering a list of 40 prizes for
the best exhibitions of roses, sweet peas,
lawns and gardens for the coming Sum
mer, and several people were found who
were hostile to offering premiums for
any kind of garden, taking the esthetic
ground that gardens belong to the coun
try! But the prizes are to be given,
nevertheless.
The fact is that If all the vacant .lots
within the boundaries of Portland, un
occupied acreage and all, were put into
vegetables and cultivated in an Inten
sive manner, the product would be suffi
cient to supply its entire population of
over 200.000 people for six months out of
12. The same may be said of any other
city west of Chicago, with the excellent
soil and climate with which Portland Is
blessed.
It is well enough to be esthetic within
reasonable bounds, but just the same a
thrifty hill of potatoes makes a splendid
background for a Caroline Testout, while
the call of a Leghorn hen to her little
brood when the early worm has been
caught off-guard. Is choice music in high
C as compared with the screeching
"klyi" of the average dog or the nerve
wrecking splutter of the barbarous mo
torcycle as it speeds through the crowded
streets, while its bobbing rider Is con
sumed by an Irrepressible determination
to reach his destination within a minute
and a half, no matter how far away it
may be.
So, here's to the hen, uncomplaining,
unpretentious, industrious and profitable,
whose product each year In the United
States exceeds in value the wheat output
of all Its farms, and to the city house
wife who takes care of her. Long may
she wave both of them!
AN EX-FARMER.
Employers and Employes.
CORVALLIS, Or.. March 26. (To the
Editor.) Can you please answer a
few questions for me through the col
umns of The Oregonian and oblige?
1. Can an employer deduct damages
for breakages of tools. Implements,
etc., from his workmen without such
notification at time of employment?
I. A hires a man (B) to work for a
certain wage for a given number of
hours per day. Contract says: B
must give A 14 days' notice before
quitting. Now B has given notice to
A and then neglects his work and cuts
hours, as he Is sulky. Can A therefore
deduct from B's wages at end of time
specified on account of neglect?
EMPLOYER.
re th amnlnva is ensraged In work
where it is customary for the employer
to furnish tools and wantonly or by
extreme carelessness breaks them the
employer could probably legally wlth
v.u .v.. vaina, of tha tools from the
employe's wages. The right of the
employer to deduct from the wages of
employes for loss of time is usually
..ni... Tha ennrention of the em
ployer and that of the employe often
differ, however, as to wnai couiuiuita
efficient services. A legal action
, ...n.Far wnCPS Withheld
on the ground of poor workmanship
would be of doubtful outcome.
f 1I.OOO Fare to Europe.
New York Cor. Philadelphia Ledger.
Otto H. Kahn, upon leaving for Europe
today on the Cunard liner Mauretania.
said he was leaving the financial situa
tion in this country very satisfactory and
that for the present, at least, there was
no cause for worry. With Mr. Kahn
were his wife and four children.
It was said by the steamship company
that the booking of smites on the liner
for Mr. Kahn was the largest single res
ervation ever made for one family. The
expenses for the trip are SU.OM, while
there is $2000 in addition for a large num
ber of servants, who will leave on the
Caronla. These servants are to go to
the London house, while on the Maure
tania were a valet for Mr. Kahn, his
wife' maid and a special stewardess, a
maid for Mies Maude, a governess with
Miss Margaret and a nurse for the two
bovs. '
Their itinerary Includes, first of all. a
week in London, another In Berlin, then
a trip through Italy, with some time In
Paris, terminating in England for the
coronation. Mr. Kahn said they would
return August L
STRUCTURAL FIREPROOF ROOFIXG
Meataw ef Eaeape Ontalde and Inside of
. Bulldlnga Instated On.
PORTLAND, March 28. (To the Edi
tor.) The question of reducing the re
quirements of the new building ordi
nances relating to the construction of
apartment-houses and buildings of simi
lar character, is soon to be acted upon
by the Board of Appeal for this city.
With the details of the recent disaster
in New York City before us, he would
be a heartless mercenary who would
dare to suggest modifications permitting
the use of less costly construction, if
the more costly form were a reasonably
effective safeguard against such an oc
currence. Although it does not appear from the
newspaper accounts, the building ordi
nances of New York City require such
buildings as that in which the fire oc
curred to be of fireproof construction,
practically equal to many of the so
called fireproof skyscrapers of Portland.
This will appear from the fact that the
building suffered only slight structural
damage by the fire. With this fact in
mind, it must be evident that fireproof
construction, per se, is not an effective
cafeguard of the lives of the occupants,
unless substantially all the contents and
trim are of Incombustible material,
which is a desideratum at present prac
tlcsllv unattilnahle In a building for
w
) shave. So, George Cartwrlght, his
t. 1 .1 tha services Of F.
H. Cofall, 1995 East One Hundred and
Fifth street, who also shaves John D.
Rockefeller.
Mr. Johnson's Jesting mood was still
on He Is nearly bald, but he asked
the barber if it wasn't time for a hair-
UMemhers of the family were with
Mr. Johnson during- the morning and
afternoon. Little Miss Margaret Eve
lyn Marlanl, his granddaughter, was
brought up in the afternoon by her
nurSe- . , .
T mnti see daddy, she chirpped.
as she went Into the Whitehall.
"Daddy" is her pet name for her grand
1 father. She was disappointed for a
.v.iiA hapansa tha natlent was resting.
When he awoke Bhe was held up to the
bedside and Mr. Johnson smiled at her.
She went away happy.
IT IS NOW THE WALKIXO STICK
Two New York Women Startle the City
With Canes.
New York World.
Having recovered from the advent of
the harem skirt are you all ready for
another shock? Well, now that every
body's right hand Is raised, go back to
your seats and listen:
Two young women dressed in black
velvet stepped from a drug store In
Broadway, between Fortieth and Forty-first
streets, recently, carrying black
canes with crooked handles in a most
mannish mafiner. It was really thrill
ing to see them thump the sidewalk
with the tips every few feet.
Men laughed when they beheld the
young women; then, getting Interested,
the men followed. The pursuers had
become a horde before the women, at
Thirty-fourth street, slipped away into
a department store.
The Truthful Typewriter.
Polk County Itemizer.
In writing a letter by hand you may
be able to throw marks around pro
miscuously and delude yourself and,
maybe, the other fellow that you really
are punctuating correctly, but the
typewriter shows up plainly Just how
much you really do know about it. It
seems strange, but It is true, that
these fundamental principles of lan-n-.tio-A
BAAm to he taufrht leBS in this
day than ever before. Not one in a
thousand of the so-called stenogra
phers and typewriters can write a let
ter for you without the most glaring
errors In some of these lines, punctu
ation especially, something that every
scholar out ot tne nign scnoot snouiu
have at their finger ends. Yet they
can hardly be blamed, as some of the
worst letters we get In that respect
come from their instructors.
Value of Old Coins.
TROUTDALE, Or, March 27. (To
the Editor.) Will you please answer
the following question in The Ore
gonian: Is a United States 1-cent
piece, dated 1833. of any value, and
where could I sell it?
A SUBSCRIBER.
Old or rare coins are worth above
their face value only what collectors
are willing to pay for them. One of
the largest dealers In rare coins is the
Scott Stamp & Coin Company, of New
York City. .
March.
Washington, D. C. Star.
A little bit o' amilln'
An' a little bit o' storm;
A song that Is beguilm'
To a nvood that's bright an warm.
Disappointment's frettln'
An' a ellmpsa of hopeful sky
Tou wonder what you're gettln
As tha days so drifUn' by.
We map out a prediction
Of what ought to heava In sight,
"With confident conviction
Tiat the calculation's right.
But each day brings soma reversal
That gives well made plans tha Blip
If a mirhty good rehearsal
yor next April's statesmanship.
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Timely Tales of the Day
"Yes," said George L. Baker, city Coun
c'lraan and theatrical magnate, "actors
are sensitive; all of them. The only
artists more sensitive than they, I think,
are musical artists. . If the theatrical
manager's pathway is thorny and it Is
lie can at least take heart in the
thongtit that the impresario's is more
thorny, because the musical artists with
whom he deals are all what he learns
to call 'temperamental.' One of the most
common fanifestations of temperament
Is sensitiveness, which is not always un
derstood." Then Mr. Baker told a story. It con
cerned a long-haired musician, who ap
proached a policeman and, pointing to
a small boy, said excitedly: "Do some
thing to that boy. I don't care what it
Is, if it is only something terrible."
"What's the matter?" asked the police
man. "The wretched boy asked me the time,"
said the musician. "I told him a quarter
to three: and he said, 'At S o'clock get
your hair cut.' "
"That's all right," was the unmoved
Constable's reply, "you've still got eight
minutes."
"P. S. I'll be home on the seventh,"
was the windup of a. letter J. C. Morri
son, superintendent of the commissary
department of the O.-W. R. & N., re
ceived from Mrs. MorriBon, now in Cali
fornia, about two weeks ago.
"I've so many places to go and so many
things to do that I am positively afraid
X won't be able to get home by the
seventh," was a sentence in the letter
that came a couple of days later.
"Another week down here and then a
few days back in dear old Frisco and
then home again by April 7." This came
in the next following letter.
By that time Morrison began to worry.
"What in time is this about the 'sev
enth'?" he wondered. He didn't dare
write and ask and yst he cudgeled his
brain about it day and night. He asked
his friends what was going to happen on
the seventh of next month but he got no
satisfaction, when along came another
letter.
"I shall have a big surprise for you
when I come home, and I can hardly
keep it until the seventh."
Well, that did put Morrison clear off
his balance and so in an outburst- of con
fidence he took E. E. Lytle, who is a
friend of the family, off to one side and
unbosomed himself thoroughly.
"I'll get it good if I don't find out what
all this business about the 'seventh'
means," he said.
"Say, old man," suggested Lytle, "may
be it's your birthday and she is fixing
up a"
"Well. Til be everlastingly ding
busted," Interrupted the worried com
missary chief with a sigh of relief, "If
it isn't our wedding anniversary and our
silver wedding at that. Say, Lytle, don't
say anything about this or I never can
square myself at home."
Lytle promised.
"Before I began selling sewing ma
chines," said Norman A Silverthorn, "I
traveled for a time with a lightning-rod
man. It was in the time when lightning
rods were Just coming into use. Not
everybody knew about them, and the
salesman had a good deal of talking to
do to convince the skeptical that they
were of any value.
"We put up for dinner one day with a
farmer who proved a hopeless case, as
a customer, though he was hospitable
enough, and his wife was a cook In a
thousand. We had eaten and were com
plimenting the housewife on the dinner
she had set for us when she remarked:
" 'Neither my husband nor I is one bit
afraid of the lightning, Mr. er What-is-your-name,
but I don't mind telling
you that both of us are mighty timid,
sometimes, about the thunder. The way
It does thunder hereabouts is something
awful.' ,
"My traveling companion had been
selling goods of one kind and another
long enough to have his wits about him,
and he replied. Instantly:
" 'Why not let us fit you up with a fine
set of thunder rods, then, so you won't
be afraid any longer?
" 'Can you do it?' said she.
" "Surely,' said he. .
"The woman talked with ber husband
about It and we got the Job. We put In
lightning rods, of course, and he charged
a nice little profit for the Job.
"We dropped in on our way back over
the route, some weeks later and found
them both well satisfied.
" 'I used to sit and tremble when it
thundered," said the farmer's wife to me,
'but since we got those thunder rods up
I can stand right here In the door and
watch the storm, and I'm not the least
afraid of It." "
With the present influx of home
seekers into Oregon, every town, is ad
vancing its several claims to distinc
tion, but Albany, aside from possessing
attractions of the usual character, la
offering an inducement to new-comers
that perhaps will appeal with especial
force to even Portland citizens, for it
is the only town in the state with an
all-night electric streetcar -service.
For the past 20 years Albany's ' Owl
service has been a feature of the town,
and a convenience generally. Until
two years ago its single line of rails
extending from the Southern Paclflo
depot Into the business district was
traveled throughout the 24 hours of
every day by a diminutive car hauled
by two horses, but .now electricity has .
relegated the faithful nags to fertile
fields.
E. P. Moo is general manager, motor
man and conductor of the line, which is
owned by the A Welch Interests. He
says the road's daily receipts through
out the year average about tl2, which
is sufficient to pay the operating ex
penses. "
Half a Century Ago
Prom Tha Oregonian March SO. 1881.
The mail between Portland and Sacra
mento will be carried in seven days after
Monday night.
There have been seven arrivals of sea
going vessels to the Columbia River and
?. ,r 1- hn nit week. Three were
from Victoria, three from San Francisco
and one from the sanawicn isianua. on
vessels cleared from the mouth of the
v., .. ri.,a- thraa for Sun Francisco.
uuiuiiiui. ivivc, - -
wo for Victoria and one for Honolulu.
Five of the arrivals were sieamera uu
two sailing vessels
James A. McDougal received 56 out of
m votes In the California Joint conven
tion on the 21st of March. There was a
gVeat number of blanks voted. The Pres
ident declared him elected United States
Senator and the Governor gave him bis
certificate. There is a great row about
it.
The amount of treasure and drafts, ex
clusive of those of the Military and In
dian Departments, sent to San Francisco
and New York from Portland for the
months of February and March, Is as fol
lows: Treasure shipped and drafts
drawn on New York. $41,629; treasure
shipped and drafts drown on San Fran
cisco, l"O,0S3.
The Inflamed state of the public mind
In the South has given rise to many per
sonal recontres and duels. A duel was
fought In Georgia a few weeks ago in
which Edwin Hart, editor of the Talla
hassee Sentinel, and a gentleman named
Ooleman, were both killed.
His Limit.
Harpers Bazar.
Joshua had made the sun stand still.
"Fine, but we bet you can't make
Willie Jones do It," we cried.
Herewith he acknowledged his limitations.