Morning Oregonian., January 23, 1914, Page 9, Image 9

THE MORNING OREGOXIAX, FRIDAY, JANUARY 23, 1914.
USE OF MILITIA PUT
UP TO CANDIDATES
Judge O'Day Reserves Support
in Race for Governor Until
V Advised on Matter.
WEST'S ACT DISAPPROVED
Opposition to Placing Military Over
Civil Power Declared Federal
Supremo Court Ruling Cited
to Justify Stand.
Demanding: that law enforcement
Will bo a live issue in the political
campaign. Judge Thomas O'Day, lawyer
and Democrat, has declared his opposi
tion to placing- the military above the
civil power and reserved any declara
tion of support of any candidate for
(Jovernor until he has been advised
fully as to the attitude of the candi
date on that question.
Judge O'Day has forwarded the fol
lowing letter to one aspirant for the
Democratic nomination:
I am In receipt of your favor of the
17th Inst, relative to the possibility of
your candidacy on the Democratic ticket
for Governor of this state at the coming
election.
You ask m certain questions pertinent
to your candidacy, -which I doubt if I ana
Able to answer as fully as I should like.
However, there is one question that, to me.
Is of Kreat Importance. It not only affects
your candidacy, but it affects all candidates
alike. It is a question that may be of
minor Importance in the campaign, but I
am persuaded that it win be more than
a minor factor and possibly may be a con
trolling Issue and for that reason I think
that it Is no more than fair to you that
X give you my impressions in regard .thereto.
Feeling for West Kindly.
Preliminary to what I have to say, I am
rot speaking as a political or a personal
opponent to Governor West. On the con
trary, I supported Governor West and have
the most kindly feeling toward him, but
I dissent from his action in using the
militia at Copperfleld, or in the use of the
militia in the manner In which be thinks,
as chief executive, he has a right to use It.
The people of this state, when they orig
inally promulgated the constitution, divided
the powers of this state into three depart
ments the executive, judiciary and legis
lative oowers. maklne each co-ordinate
power supreme, and prohibiting the control
of one department by the other. The con
stitution of this state, among other things,
contains a bill of rights in which the per
sonal rights of tho citizens and inhabitants
of this state are guaranteed and in which
certain limitations are placed on the ex
ecutive, Judicial and legislative departments.
Among these Is section 27. article 1 of the
conHtitution, which provides:
"The people shall have the right to bear
arms for the defense of themselves and
the state, but the military shall be kept
la strict subordination to the civil power."
Provision Believed Violated.
This provision of the constitution, I think.
Governor West, in calling out the militia
at Copperfleld, has violated. I think every
democratic tradition from Jefferson to Wil
son Is opposed to the action of the Governor
In his use of the militia in the instance
referred to. AH these provisions of the
constitution are historical. For instance,
take the XIII, XIV and XV amendment
to the Constitution of the United States.
They were written in human blood, and the
evidences of that are on every battlefield,
from Bull Run to Appomattox.
The provision that t have referred to In
the state constitution is also written m
human blood, and it ts not necessary to
tate the Instance of Charles I, who lost
hts head, James I, who was driven from
his kinKdom, or the history of the revolu
tion in France. We have illustrations nearer
home. Every drop of human blood that
was spilled from the fall of Warren at
Bunker Hill until the surrender at Yorktown
evidences the fact that these rights of
the citizens, guaranteed in the bill of rights.
are sacred rights and were obtained only aa
the result o human life and human sao
rifice.
Governor Believed Wrong;.
The Governor seems to think that because
certain laws are not enforced at Copper-
field, certain saloonmen are running the
town, etc., that he as chief executive, and
being responsible for the execution of the
laws. Is called upon to first by executive
order condemn and then by executive order
enforce, through the militia, his edicts. I
do not believe that. If this were a matter
of first impression there might be some
ground for dispute, but it Is not a matter
of first Impression.
These matters set forth in the bill of
rights were acknowledged. adopted and
acted upon long prior to the adoption, of the
constitution of this state. They are older
than the government of the State of Ore
gon. They have been tested, passed upon
and are generally understood. The histor
of these provisions is against the Governor's
interpretation. The courts have passed upon
these provisions and their conclusion Is
opposed to the Governor's interpretation.
The common sentiment of human kind, tho
common understanding of the civilized races
has passed upon these questions and they
are opposed to the Interpretation of the
uovernor.
Effects Ieclared Wide.
This is a question that does not affect
an individual, simply as such. It Is a
question that does effect property, simply
as such, because an individual may be
wronged, and in the ordinary course of
society probably often is wronged. One's
property may be taken from him wrong
fully, and frequently in the course of ad
ministration probably is taken wrongfully,
but the question here Involved is not the
status of a particular Individual. It is the
status of every individual, it not only af
fects the 90 odd millions of population now
In the United States, but It affects the 200,
000.000 of population that will in the future
be In the United States.
This question goes to the very citadel of
human liberty, and that Is, Is it true while
the courts are open, while the civil powers
are In full swing, that an individual can
be tried by executive order, his property taken
. from him, through the militia, and that he
be denied the power of the civil courts to
give mm a remedy? Can the chief ex
ecutlve arbitrarily declare martial law and
subject the citizens of any particular district,
or the whole state, for that matter, to mil
itary rule? If he can do so, is this a matter
and executive order over which the Judiciary
has no control, or Is the status of the in
dividual and his property a matter of judicial
determination, where the individual may
have the right of trial by jury, to be de
fended by counsel and to have those civil
remedies which enlightened society and civ
ilization has decreed mat tie shall have?
Federal Case Is Cited.
In the case of ex parte Mtllijran. 4 Wall.
14. this question came before the Supreme
Court of the United States. It was right
after the war. In fact, the case was heard
at the December term, 1SG6. Every judge
on that exalted court was a friend of the
administration. Every judge was opposed
to the rebellion. Every judge on the bench
probably detested, probably hated the pe
titioner In that case, and certainly detested
his acts. Milligan and others were ar
rested In Indiana by a military commission,
charged with levying war against tho United
States, giving aid and comfort to its enemies
during the time of actual war, were tried
and sentenced to be hanged. They sued
out a writ of habeas corpus. The Circuit
Court of the United States certified it to
the Supremo Court of the United States
for decision.
Among the distinguished lawyers In that
rase was James Speed, Attorney-General
Henry Stanberry and Benjamin F. Butier
for the Government. Appearing for the pe
titioner was Jeremiah S, Black, J. E. McDon
ald. James A. Garfield, David Dudley Field,
A. t Roche and John R. Coffeth.
The speech of Jeremiah S. Black was one
f the most notable that has ever been de
livered in that court. He not only spoke
for those of his own time, but he spoke
for the thousands unborn and for those
that shall come after him for all tim.
That court has passed upon many Impor
tant questions. It has declared acts or
Congress unconstitutional, a. power that Is
lodged In no other court in the civilized
world ; passed upon the reconstruction act ;
it passed upon the legal tender act and
mere recently many National and Interna
tional questions, but at no time has that
court had before It a more important ques
tion than It had before It In the Mllllgan
case. In ths other questions before the
court, generally speaking, the question At
Issue was transitory, but in the Mllllgan case
the question at Issue was not transitory. It
was & question settling the rights of not
only one Individual, but fixing the status
of all individuals, present and future.
The -question before the court was, haa
the executive the power to create a military
commission, have Mllllgan arrested and
tried and sentenced to be hanged? Mllllgan
was a resident of the State of Indiana ana
that court held that the court would take
Judicial notice that the courts, both state
and Federal, were in the exercise of their
ordinary powers within the State of Indiana;
that the judicial power of one of the Btates
and the Nation was delegated to the courts,
and held that "martial law cannot arise
from a threatened invasion. The necessity
must be actual and present; the invasion
real, such as effectually closes the courts
and deposes the civil administration. Mar
tial rule can never exist where the courts
are open and in the proper and unob
structed exercise of their jurisdiction. It
Is also confined to the locality of actual
war."
As a result of that holding the court dis
missed Mllligan, told him that the military
court had no jurisdiction.
Now, the case In Oregon is not that these
people at Copperfleld have committed trea
son. They have not levied war against
the . state. They have merely committed
a misdemeanor. A saloonkeeper is Mayor
and a swamper in the saloon is Council
man. Why does this call upon the Gov
ernor to declare martial law? The Gover
nor's reply Is that the officers up there do
not do their duty and prosecute for viola
tion of the law. Admitting that to be true,
it Is no reason why the Governor should
violate his oath of office and violate the
constitution of the state and undertake to
do the very thing which he Is prohibited
from doing.
If it be said that he Is doing this for a
good cause, my reply Is that that is a
matter of Indifference. The question is.
has he the power to do it at all, and If
he may do It in a good cause, may not
his successor do the same thing in a bad
cause? There never was an act of usurpa
tion committed that was not done in ths
name of humanity. Christ was crucif lea
"for the good of the people." Napoleon be
came dictator in France for the good of the
people. The Spanish inquisition put thou
sands to death in the name of God and
Christianity. Huerta becomes a dictator in
Mexico through crime and force, all in the
name of "good of the people." What shall ,
be said of him who does like acts of op-,
pression, with beautiful words, to be sure,
but the acts are there. I am opposed ,
to the acts themselves. I say If a good '
man may do these things for good, a bad i
man may do them equally for evil. I deny
that either the good man or the bad man j
has the power to do these things. It has i
not been reposed In the Governor. I
I say that whether the Governor has I
acted within his powers is not a thing that;
he a an executive can decide. On the;
contrary, the judiciary power must decide ;
not only whether the executive acts are j
within his powers or the legislative acts are
within the legislative powers.
I therefore reply to this at some length
merely indicating to you that so far as I
am concerned that I will not vote for any
man, or woman, that believes that the ex
ecutive has the power, under the consti
tution, to do the acts which the Governor
is doing In Copperfleld. I do not believe
that the military should be put above the
civil power.
If I looked upon this matter as a mere
passing incident that was here today and
forgotten tomorrow, it would he of very
much less interest to mo, but I do not feel
that way. It seems to me that In the pres
ent campaign it will be a live Issue and
every citizen ought to feel opposed to such
use of the militia.
I, therefore, reserve any declaration as to
the support of any candidate until I shall
have advised myself more fully as to the
attitude cm the question herein referred to.
RUSH ON TO LIST JURORS
EXTRA FORCE AT WORK TO COM
PLETE WORK IN TIME LI M IT.
Selection of 2500 Qualified Persons for
Service During February Term
to End Today.
When the County Commissioners
were Informed yesterday, by Deputy
County Clerk Mahaffey that tho 1914
jury list must be compJated today or it
could not be used until next month,
the Commissioners Quickly assembled
extra help and, with all their own
clerks and stenographers and four men
from Assessor Keed's office, worked
late last night. Mr. Holman said the
new list of 2500 names would be ready
by noon today.
The work involved the selection of
4500 names from the 1913 taxroll and
the checking over of these to weed out
the names of women and others ex
empted by statute from jury service.
When the list has been cut to 2500
qualified jurors, separate cards for each
name must be made and placed in the
jury box ready for drawing. From six
to 15 persons were at work yesterday
and the full number will be kept busy
until the list is turned over to County
Clerk Coffey.
The law provides that the Jury panel
for the succeeding month shall be
drawn not less than 10 nor more than
20 days before the beginning of the
term of court at which they are to
serve. The February term begins
February 2. 10 days from today, and it
is to complete the list so that Feb
ruary jurors may be drawn today that
the work Is being rushed.
The preparation of the jury list by
the County Commissioners is the re
suit of mandamus proceedings brought
by District Attorney Evans in the Su
preme Court to determine whether the
Commissioners or the Circuit Judges
should prepare the list. The uncer
tainty was occasioned by the law that
abolished the old County Court, which
provides that all business of a judicial
nature, formerly attended to by the
County Court, must be handled by the
Circuit Court.- Th Supreme Court
ruled that the selection of a jury list
is not such judicial business, in tht
contemplation of the law, as must be
handled by the Circuit Courts, and di
rected that the Commissioners proceed
to prepare the list.
IMPROVEMENTS IN FAVOR
South Side Property Owners Indorse
Proposed Betterments.
At a large meeting In Gevurtz Hall
Wedensday night under the auspices of
the South Portland Boosters' Club reso
lutlons were adopted Indorsing the Ira
provement of Fourth street from Sheri
dan street south to the city limits, the
building of a city auditorium on the
Market-street site and making Union
avenue the approach to the interstate
bridge.
The proposed improvements, it was
explained, would include grading, pav
ins and lighting.
With regard to the Union-avenue
approach- to the Columbia bridge, the
resolution stated that the majority of
the West Side people would be better
accommodated by such an approach
that the Union-avenue carline had beei
the only one leading to and from Van
couver for many years and that It ran
above the O.-W. R. & N. track at the
only convenient elevation.
General Manager Hild, of the Port
land ttanway, JOight & Power Com
pany, and F. I. Fuller, vice-president
of the company, gave some Interesting
facts about street railway franchises
and tne cost or running street rail
ways.
POWER FIRM IS WINNER
Jury Decides Against George Lewis
Who Sued local Company.
After only a few hours' deliberation
the jury in the case of George B. Lewis
against the Portland Railway, Light &
Power Company returned a verdict for
the defendant company. Lewis brought
suit for $15,000 for injuries which he
charged he sustained when a car col,
lided with his motorcycle, on which he
was riding. The accident happened
last August, near the corner of Eighth
and Multnomah streets. ' The case was
Aii Event Without a Parallel Traly
Portl
H7
ana. s
-A
an
Greatest Sale of Furniture Etc.
The response is tre
mendousthe buying
most active. Goods
from our fire and
water damaged ware
house stock on First
street will continue to
be brought to our retail
store for many days to come
The List Below Is But an Index to the Thousands of Bargains
Now Displayed and Yet to Be Displayed. Come Every Day
Positively No Phone
Orders. You Must
Come in and Select.
0C3O
Plenty of Extra Sales
people You Are As
sured of Attention.
$41.50 Upholstered Easy Arm
Rocker, ma- d 1 Q 7 C
hogany frame 7 O
$24.50 Large Upholstered Arm
Chair of the Wing - Back
type , $1Q 7C
$46.75 Herrick Enameled Re-
gf"?1 $19.95
$15.75 Herrick Enameled Re-
srr....... $7.95
$54 Large Easy Arm Chair, up
holstered in fine high-grade
isrr: $38.75
$90 Davenport, with fumed oak
frame and Spanish leather seat
and back fQQ flO
cushions l?07V7Vr
$75 Large Colonial . China Cab
inet, mahog- rtQQ "7C
any, for )07. O
$6.50 Drop Leaf Kitchen
Queen Tables 95
$19 Large, high-back Arm Rock
er in quarter-sawed golden oak,
leather upholstered seat and
head rest,
for
$9.95
$4.50 Golden Oak
Center Table for
$1.95
$12.50 Chase Leather Couches,
hand made, roll rt rjr r
edges ij) 70
50-lb. Diamond Tufted, Roll
Edge Mattresses at the low spe-
of.?.6 $4.20
Golden Oak Dining Chairs,
spindled and with cane seats.
Special j " f
price tP 1 1U
Link - fabric, all - metal Bed
Springs. 1C
Special foj L. J
$12 full size, heavy Iron Beds,
with 10 filler..
rods, for u)0t0
$5.75 24-inch Square Top Ta
bles, in quarter-sawed golden
oak, for Af
only
$18 Library Table in quarter
sawed golden Q Q
oak, for P73
$24.50 . Sewing Machines for
this sale (J1Q QC
at only ) JL O O J
$45 'Tree' Sewing Machines
with walnut cases, g
$12 Iron Baby Cribs, with
$5.95
$15 full size
Brass Beds for.
$8.15
$46 Buffet
golden oak
for
in quarter-sawed
$23.95
15.75 golden oak Arm Rocker,
with leather-cov ered loose
spring
seat
$8.95
$10 Golden Oak Arm Chair,
with upholstered, a q
seat and back.. tj)iri0
$12 Famed Oak Arm Chair,
with leather seat tf Q
and back for P3.s3
$4.50 Chamber Chairs in quarter-sawed
golden oak, cane or
wood seat, . tf r
for 1 Q
$5.75 Chamber J Q Q
Rocker to match J) a O J3
$23.75 Pedestal Dining Tables
in the fumed or golden oak, 6
foot exten- J 1 O Q C
sion, for.... X 053
$12 full size E? C C
Iron Beds for.. Cj)Ooi3
$5.75 full size
Iron Beds for.
$2,95
$2.95 Folding Doll Carts with
rubber-tired wheels and with
r: $1.05
Full size Brass Beds, with 2-inch
continuous posts and 10-filler
rods. Very J 1 O ? C
special at. . . J) X 3 03
$24.50 Dresser in qu-arter-sawed
g?J?... $11.45
$25 Mahogany Princess Dress-
S,0'"? ...$11.95
$44 Mahog.
Chiffonier .
$21.75
$15 Dresser in
plain maple for.
$7.25
$36.50 Dresser in quarter-sawed
$15.50
$15.75 Princess Dresser in plain
S?T. ....$7.75
$14.75 Dresser
golden,
for
in
solid oak,
$8.95
$17.50 Toilet Table in quarter
sawed golden d 1 J
oak for J JL.l ,00
A Few
Office Desks
at
Interesting
Reductions
$34.50 "Royal" Push-Button
Morris Chair, with golden oak
frame, leather upholstered
6eat and An rj f C
back, for.... $lQ.jQ
$5.75 Dining Chairs in quarter
sawed golden oak, with leather
slip seats, - g
$6.50 Dining Chairs in quarter
sawed golden oak, with leather
slip seats, q
$12.50 Arm Dining Chair to
match t2 1 C
fr PUlQ
$4.50 Dining Chairs in quarter
sawed golden oak, with solid
seats, jc 1P
for $10
Some Splendid Opportunities Offered in Carpets
by the Yard or Roll Also in Curtain Materials
People Living Out of Toivn Are Finding
This Sale Worth a Trip of Many Miles to
Take Advantage Of. Plan to Attend Kfow
b inrrm r.ir vf ami n 1 i-nrtrrnrmiirrii.i MfrinttrfarEwfi wwiaiiitTtft;i.l"j1
tried before Judge Gatens. Attorney
Leslie Cravens, representing the de
fendant company, was opposed By
Richards & Richards and Uovernor
Teats, of Tacoma.
A verdict for the same company was
returned In Judge Davis' court, where
the suit of Emri Lang for $30,201.60
for Injuries Lang sustained when his
bicycle was struclc by a car was tried.
Lang charged that he sustained a frac
tured skull and a broken leg. The case
was defended by Attorney Frank
Loner gan.
CHILDREN TO GIVE SHOWS
Thirty From Des Moines, Wash.,
School Obtain Court Permit.
Thirty Jolly entertainers from the
Children's Home, at Des Moines, Wash.,
under the charge of Superintendent H.
M. Draper, received permits from the
Juvenile Court yesterday to give con
certs and entertainments in Portland,
and will be heard about the city today
and tomorrow. They are on a tour of
Oregon and California, raising funds to
pay off the mortgage on their home at
Des Moines.
They have letters of Indorsement from
Governor Lister, Mayor Cotterill and
others.
They went to the Courthouse later In
the afternoon In a big automobile and
serenaded Judge Gatens and other Juve
nile Court officials.
which
People
struck this part of the country, were beginning to run low on pro- soon, as a large force of men and two
along the Garibaldi beaches I visions. Through trains are expected I steam shovels are- at work.
Clackamas Taxes Are Big.
OREGON CITT. Or., Jan. 22. (Spe
cial.) Clackamas County will raise
nearly $200,000 more this year in the
way of taxes than ever before. The
rolls show that there will be in the
special school fund, $108,021.60; special
road fund, $75,838.62; special cities and
towns, $46,616.64; state and county levy,
$610,438.06; total to be collected on a
valuation of $30,521,902.12 is $810,914.92.
Tillamook Lino Open to Mohler.
BAT CITT, Or.. Jan. 22 (Special.)
Train service has been resumed from
Tillamook to Mohler. a distance of
25 miles, after being tied up for two
eeks following the destructive storms
C3
DV3
-
The Most
Beautiful
Rathskellar
in America
Merchants Lunch 50c
i
C3
T r i , r r-i -a. ... .
lOIf! lirporin I .'A f)H rPT rfllnisrfi n rl I home M-i t h NirmM. P,.f. i ,
O - T.bU UAgUUA. J. UU rVVV')
Marino and his augmented -orchestra in . repertoire during
lunch, dinner and after the theater.
Hotel Oregon
Wright-Dickinson Hotel Co., Props.
M. C. Dickinson, Managing Director. fjj?3
Hotel Benson
1 jj . .... ... ."'
Vf!'! Its I
formerly
New Oregon
Hotel
Now Under New Management
The Hotel Benson is absolutely fire
proof, modern in every detail and the
most elegantly equipped hotel in the
Northwest
Pending certain changes the dining
room service will be as heretofore.
Hotel Benson will be conducted on
European plan.
CARL STANLEY, Managing Director
r