THE MCVRNTVG OREGOXTATf. WEDNESDAY, OCTOBER SI. 1914.
BAR SEEKS TO STEM
CRITICISM OF LAW
President Pleads for Incorpor
ation of More Justice and
i t Fewer Citations.
hive found that the flame of moral
judgment burned just as bright In tne
man of humble life and limited experi
ence as in the scholar and the man of
affairs. I would like his voice always
to be heard, not as a witness, not as
speaking' in his own case, but as if he
were the voice of men in general. In
our - courts of justice, as well as the
voice of the lawyers, remembering
.what the law has been. My hope is
that being stirred to the depths by the
extraordinary circumstances of the
time in which we live, we may recover
from those depths something of a re
newal of that vision of the law with
which men may be supposed to have
started out in the old days of the
oracles, who communed with the Inti
mations of divinity.
TAFT WOULD CURE DELAYS
Justice McReynolds Tells Lawyers
Dilatory Courts Frequently Bob
Litigants of Fruits of
Just Decisions.
WASHINGTON, Oct. 2D. To stem the
tide of popular criticism of the law
through improvement from within was
the keynote of the first day's session
of the American Bar Association here.
President Wilson in his address of
welcome pleaded for the humanizing of
the law by the incorporation of more
justice into the cases and fewer cita
tions. Ex-President Taft emphasized in
an address to the judges of the country
gathered for -the first time in formal
meeting, the necessity for removing de
lays in litigation.
Associate Justice McReynolds, of the
Supreme Court, at the same meeting
urged the judges to give more at
tention to public opinion. At tonight's
session of the Bar Association proper
Senator Elihu Root, in speaking on the
"Layman's Criticism of the Lawyer."
suggested lawyers should apply the
rules of evidence with more regard to
common sense.
Mr. Taft Mentions "Purgatory."
Before the judicial section, Mr. Taft,
in his second speech of the day," said
he felt at home, although there had
been an " intervening purgatory" since
he himself was a judge. In reply to
President Wilson's suggestion for more
of justice in each case, Mr. Taft told
the Judges that uniformity in decisions
was quite as important as individual
justice. Turning to the improvement
of the judiciary, Mr. Taft suggested
that dependence on the stenographer in
the present day had led to much delay
in the disposition of cases. He urged
that most cases In the trial courts
should be disposed of at the end of
arguments.
Justice McReynolds, in urging the
judges to become greater affirmative
forces in the enforcement of the law,
said delays in courts frequently robbed
cases of the fruits of the decision. As
Attorney-General, he said, he started
out with the idea that he would con
duct the Government's business as that
of a private client.
Uorcramtnt Mot Private Client.
He soon found he was mistaken, he
declared, and became convinced the
thing to do was to give the public a
fair idea of what he intended to do
and a judicious notion of what suc
cess was being attained as he pro
ceeded. In some ways in which he did
not know, he added, the judges must
Rive an idea to the people, an idea of
what they are seeking to accomplish
and how they are succeeding.
"In some such way we may turn the
tido of opposition to the judiciary of
the last 10 years," he concluded, "and
find ourselves once more intrenched in
the confidence of the people."
President Wilson in his address
pleaded for the humanizing of the law
in this time of international crisis. .
World Ruled by Own Opinions.
"The opinion of the world is the mis
tress of the world: and the processes
of international law are the slow proc
esses by which opinion works its will,"
he said.
"What impresses me is the constant
thought that that is the tribunal at the
bar of which we all sit. I would call
your attention, incidentally, to the cir
cumstances that it does not observe
the ordinary rules of evidence, which
has sometimes suggested to me that the
ordinary rules of evidence had shown
some signs of growing antique.
"Everything, rumor included, is
heard in this court, and the standard
of judgment is not with regard to the
character of the testimony, but the
character of the witness. The motives
are disclosed, the purposes are con
jectured and that opinion is finally ac
cepted, which seems to be not the best
founded in law, perhaps, but the best
founded in integrity of character and
of morals.
IHsInterested Coarse Always Best.
"That is the process which is slowly
working its will on the world and what
Ave should be watchful of is not so
much jealous interests as sound prin
ciples of action. The disinterested
course is always the biggest course to
pursue, not only, but it is in the long
run the most profitable course to pur
'Bue. If you can establish your char
acter you can establish your credit.
"What I wanted to suggest to this
association is whether we sufficiently
apply those same ideas to the body of
municipal law which we seek to ad
minister. Citations seem to play so
much larger role now than principle.
There was a time when the truthful
eve of the judge rested on the changes
of social circumstances and almost
palpably saw the law arise out of hu
man life. Have we got to a time when
the only way to change law is by
statute? The changing of law by stat
ute seems to me like mending a gar
ment with a patch, whereas law should
grow by the life that is in it, not by
the life that is outside of it. I should
hate to think that the law .did not de
rive its impulse from looking forward
rather than from looking backward
or rather that it did not derive its
instruction from looking about and
seeing what the circumstances of men
actually are and what the impulses of
justice necessarily are.
People Custodians of Spirit.
-cnaersiana me, gentlemen, I am
not venturing in this presence to im
peach the law. For the present, by the
forte of circumstances, I am in part
the embodiment of the law, and it
would be awkward to disavow myself.
But 1 do wish to make this intimation,
that in this time of world change, in
this time when we are going to find
out just how, in what particulars and
to what ex-tent the real facts of hu
man life and the real moral judgments
of mankind prevail, it is worth while
looking inside our municipal taw and
seeing whether the moral judgments
of mankind are made square with
every one of the judgments of the law
itself. For I believe that we are cus
todians, not of commands, but of a
spirit. We are custodians of the spirit
of righteousness, of the spirit of equal
handed Justice, of the spirit of hope
which believes in the perfectibility of
the law, with the perfectibility of hu-.
man life itself.
"Public life, like private life, would
be a dull and dry matter if it were not
for this belief in the essential beauty
of the human spirit and the belief that
the human spirit could be translated
into action and into ordinance. Not
entire. You cannot go any faster than
you can advance the average moral
judgments of the mass, but you can
go at least as fast as that, and you can
see to it that you do not lag behind
the average moral judgments of the
mass. I have in my life deait with all
sorts and conditions of men. and I
SUGAR AUTO PAYS WAGER
Xew York Man Loses Beard bat
Solves Question of Second Lose.
NEW YORK, Oct. 17. To win something-
to make up for the loss of his
beard has been the aim of Nicholas
Herschleb, pastry chef of the Vaader-
cnt Hotel. He was forced to shave off
his beard through a bet with C Lam
bach, of No. 134 West Fifty-fourth
street. Yesterday Mr. Herschleb lost
and yet won. In fact, he feels that the
discomfiture of his friends will com
pensate for the loss of his own fine
beard.
They play billiards. Mr. Lumbach is
a fair player and so is Mr. Herschleb.
As in other of their games, there comes
from one or another a proposal of a
wager.
"What shall we play for this timer
said Mr. Herschleb.
"Let's see," said Mr. Lumbach. "You
have no beard, eh? Well, there's not
much else but money to put up unless
you should want to play for a runabout
automobile.
"Bon, ca y est.' said Mr. Herschleb.
Both played very carefullv. as care
fully as a Scotchman at golf. But again
the unfortunate Mr. Herschleb lost. He
looked glooms' and said "bon soir" to
his friend. Then only did he smile. He
went to the Vanderbilt and made a
runabout in sugar and sent it by a
messenger boy to Mr. Lumbach.
WAGE CASE TO BE HEARD
Two Railroad Officials Go to Chi
cago to Make Arguments.
r. W. Campbell, assistant general
manager of the Southern Pacific, and
M. J .Buckley, general superintendent
of the Oregon-Washignton Railway &
Navigation Company, will leave this
week for Chicago, where they will at
tend the further deliberations of the
committee of railroad operating offi
cials with their engine employes over
the wage question.
This subject has been under consid
eration for more than a year. Mr.
Campbell and Mr. Buckley are members
of a committee of 13 operating offi
cials of fioads west of Chicago who are
parties to the negotiations. The re
cent joint meetings betwen the officials
and the men failed to come to an agree
ment. The question now is in the
hands of Government arbitrators. It
is for the purpose of presenting their
case to a jury chosen under provisions
of the Newlands act that the local of
ficials now must go to Chicago.
BRITISH ARE FREED
Ambassador Gerard Gets
. Passage for Men of 55.
DETAINED OFFICERS PLAY
ROACH PLEADS GUILTY
Actor Sentenced and Paroled in Case
Involving Ballplayers.
Bert Roach, actor at a local play
house, under two indictments, one
carging him with contributing to the
delinquency of a minor and the other
with a statutory crime, entered a plea
of guilty before Judge McGinn to the
former charge yesterday1. He was sen
tenced to six months' imprisonment in
the County Jail and paroled,, it being
directed that he report to the court
every two weeks and that he be not
allowed to leave the jurisdiction of the
court.
Roach's mother came here from her
home in Minneapolis to aid her son
in his trouble and interceded for him
with the authorities. He will be a
material witness, it is baid, for the
state against two ballplayers and a lo
cal jeweler under like indictments.
ALASKA BILLJS SIGNED
Fairbanks Citizens Show Apprecia
tion With Gift of Inkstand.
WASHINGTON, Oct. 20. President
n iiauu Bioiiou j
land leasing bill, opening the coal fields
of AlasKa. necause 01 1 r n u t,
on the output of coal from Canada to
Alaska since the Kuropean war began,
the bill was hurried through Congress
at the request of Secretary Lane and
several Western Senators.
In recognition of his efforts to im
prove Alaska; President Wilson was to-
, . with an tnkarll a n d
uuy jjmaciivcv ...i... ' -
stand and pen and pencil made of
AlasKa goia ana niwii.wuu -gift
was bought by subscriptions by
the people of Fairbanks. Alaska.
INCOME INQUIRY CHANGES
Questioned Tax Returns, Hereafter,
to Be Bushed to Washington.
WASHINGTON, Oct. 20. The internal
revenue bureau of the Treasury De-
Dartment tonight notified collectors
throughout the country that hereafter
income tax returns supposed to De laise
must e sent to Washington immedi
ately for investigation.
It announced also that licensed firms.
persons or corporations first receiving
foreign items for collection shall with
hold the normal tax of 1 per cent and
will be responsible therefor. Proper
notification must be indorsed on such
items, thereby relieving subsequent
holders or purchasers from withhold
ing the tax.
YOUTH CONFESSES MURDER
Los Angeles Police Also Hold Paugb-
ter-in-Law of Woman Slain.
LOS ANGELES, Oct. 80. Percy Tug
well, aged 21, confessed today, accord
ing to police detectives, that he had
killed Mrs.'P. A. B. Kennedy, a wealthy
widow, on the night of September. 1.
Tugwell was arrested in San Francisco
Saturday in connection with the mur
der mystery, and after his arrival here
today told many conflicting stories, one
of which was that Mrs. Kennedy s son,
Philip, aged 20, had killed his mother.
The confession came, the police said,
when Tugwell was confronted by Philip
Kennedy and Kennedy's wife, who also
is under arrest.
Professional Ad-vice.
(Washington Star.)
"You'll have to keep quiet for six
weeks," said the doctor solemnly.
"Six weeks!" echoed the active poli
tician. "I thought you were a physi
cian."
"I am,"
'Then what I want from you is a
prescription, not a penance."
Three hours of human labor wer renuirM
to producft & -.bushel of wheat in 1S30; now
French Not Hated by Germans as
Bitterly as Are Englishmen.
Mess Bun by Prisoners and
Games Are Enjoyed.
BERLIN, via The Hague, Oct 19. via
London. Oct. 20 The American Am
bassador, James W. Gerard, has ar
ranged for the release and departure of
all Englishmen in Germany over the
age of 65. including clergymen and
physicians.
Julius G. Lay, the American Consul
General in Berlin, has returned here
from a visit of inspection to the offi
cers' prison camp at Torgau, Saxony.
He says that the officers, with soldiers
as their servants, run their own mess,
of which the Frenchmen, with tradi
tional Gallic culinary skill, have taken
charge. The officers play tennis and
football, but are not permitted to have
liberty in the town.
The general commanding explained
that this was because the anti-English
feeling was so high he feared that
the British officers would be mobbed
if they left the limits of the fortress.
The German feeling toward the
French Is found far different than to
ward the' British. The Consul . wit
nessed an example in a French sur
geon who, crippled from rheumatism
and over-exertion, was being repatri
ated via Switzerland. While he was
being carried past the Consul, under
the escort of a soldier, an accompany
ing German officer stopped the soldier,
ordered him to unfix his bayonet and
said:
"Remember, he is not your prisoner
and that you are his servant. See him
safely to the Swiss frontier and allow
nobody to molest him."
GOLD PROBLEM IS MET
ENGLISH BA.KERS MAY ACCEPT
SHORT-TERM PAPER.
COULD NOT SLEEP
OR DO HOUSEWORK
The Grippe Left Mrs. Find-
ley in sucn a weals, rferv
ous Condition That Her
Case Was Serious.
Severy, Kans. "The Grippe left me
in a very weak, nervous, run-down con
dition. I was too weak to do my house
work and could not sleep. I tried dif
ferent "medicines without benefit and
Anally one day read about Vinol, and
decided to try it. 1st very short time
I could see an improvement and after
taking two bottles I have a good ap
petite and my health and strength was
restored
'I think Vinol is a trrand medicine
and every weak, nervous, run-down
woman, should take it." Mrs. Geo.
Findley, Severy, Kans.
Vinol creates strength toecause it con
tains all the medicinal tissue-building
elements o'f cod liver oil actually taken
from fresh, healthy cods' livers. To
this is added peptonate of Iron, a most
essential element for the blood, all
dissolved in. a delicious tonic native
wine.
Vinol CreAtM an ann.Ht. .id. 410-Aa-
tiOn. tnakM nnm h.olthv klnAd Tn
this1 natural mann.r i t KiiHH. un th.
run-down, weak and nervous system.
replaces weakness with strength. If
Vinol fails to create strength after
sickness we will return your money.
VOTR Vnn .an VImaI - V. .
leading drugstore in every town where
mis paper circulates.
BHtinh Exefceo.neT Predicts Balance of
Trade Will Swlns Back and Embar
rtutsment Be Prevented.
WASHINGTON, Oct. 20. Quick solu
tion of the International exchange prob.
lem, making the payment of approxi
mately $200,000,000 American gold to
.England unnecessary, was predicted to
day by Sir George Paish, special ad
viser to the British Chancellor of the
Exchequer, now in Washington discuss
ing foreign exchange conditions with
the board and Secretary of the Treas
ury McAdoo.
"At the present time," he said, "Eng
land, of course, feels that she wants
money owed to her. Ordinary methods
of payment is by gold, but in the
course of business .the .balance is usual
ly taken care of by purchases of Ameri
can securities or by payment for your
crops. In view of the present situation
n your country the payment of this
large amount of gold at this time might
prove inconvenient and England was
lad Jo respond to a proposal that the
case be discussed and an effort made
to find some way of meeting the difficulty.
"I feel sure that some will be dis
covered here by your Federal reserve
board and the Secretary of the Treas
ury and there is no doubt that even
tually the balance of trade will again
be in your favor. In the months to
come England will be buying American
wheat and cotton. In the meantime
arrangements may be made so that you
will not be embarrassed."
Although Sir Ueorge did not feel at
liberty to discuss details of the plans
under way for meeting the situation,
it became apparent today that the Fed
eral Reserve Board probably will at
tempt to provide short-term interest-
bearing paper or notes which will be
acceptable to the English government
in place of actual gold. It became
known, too, that the English bankers
recently refused to take the obliga
tions of New York city to the amount
of $80,000,000 because they were re
garded as having too long to run. The
tngiian oanaers are said to prefer 60
day or 90-day paper.
POSTOFFICE IS LOOTED
St. Maries, Idaho, Bobbery Xinda In
Barber's Arrest Tnder Bed.
ST. MARIES. Idaho. Oct. 20. fSn
cia.1. ) The postoffice at Fernwood and
the' Btore of J. K. Hood in the same
building are alleged to have been en
CATARRH LEADS
- TO CONSUMPTION
Catarrh is as much a blood disease
as scrofula or rheumatism. It may be
relieved, but it cannot be removed by
Bimply local treatment. It causes head
ache and dizziness, impairs the taste.
smell and hearing, affects the voice, de
ranges the digestion, and breaks down
the general health. It weakens the
delicate lung tissues and leads to con
sumption.
Hood's Sarsaparllla goes to the seat
of the trouble, purifies the blood, and is
so successful that it is known as the
best remedy for catarrh.
Hood's Sarsaparllla strengthens and
tones the whole system. It builds up.
Ask your druggist for Hoods, and in
sist on having it. There is no real
substitute. Adv.
POSLAM SURE.
SAFE. SPEEDY
TO HEAL
Foslam is perfectly adapted to heal
all ails of the skin. It is the remedy
of greatest efficiency. Has eradicated
thousands of stubborn Eczema cases,
many of years' standing, and after all
other means had failed. It should re
peat its successful work for you
bringing immediate relief, stopping all
itching and showing improvement every
day. Use it with confidence; it cannot
possibly harm. Will benefit any sur
face disorder.
Your druggist sells Foslam. For free
sample write to Emergency Laborato
ries, 32 West 25th street. New York.
Poslam Soap, used daily for toilet and
bath, renders the skin soft, clear and
healthy. 25 cents asd 15 cents. Ady.
tered and robbed by James Mannon.
Jr., a barber, late yesterday afternoon.
Mannon entered the building shortly
before Hood went to supper. It is
Hood's custom to lock the store and
postoffice during his supper hour.
mannon nia under the bed.
Mrs. Hood had noticed Mannon go
in rrom tne Hood residence, and when
her husband came to supper told him
Mannon was locked In the store build
ing. Hood returned at once to the
store with a revolver, and examining
the postoffice cash and the store cash
found J800 in bills missing.
He immediately locked and barred
all the doors, knowing that Mannon
must still be hidden in the building.
Constable Walkup was sumoned, and
together they searched the building.
Mannon was found hidden under a
bed in the back room with J800 in mills
hidden beneath his shirt.
PORTUGAL SHOWS ACTIVITY
Troops and Machine Guns Bushed to
Republic's Possessions.
LONDON, Oct. 20. On September 12
Portuguese troops left for Ansrola and
Mozambique, Portuguese possessions in
w est and East Africa, respectively, ac
cording to a dispatch received here to
night from Berlin by the Marconi Wire
less Telegraph Company.
Each of these forces consisted of
one battalion of infantry, one battery
of machine guns and an ambulance
staff. Each force aggregated approxi
mately 1600 men. Two native compan
ies, eacn ol 240 men, have left Mozam
bique for Angola," says the disnatch.
Great Britain's appeal to Portugal for
help reveals the chaotic situation which
exists in South Africa. The revolts in
India are increasing confidence in Ger
many. According to constant reports.
England has transferred three active
battalions from Malta to India."
CLUB WHEAT GOES. HIGHER
'Seventy-Five Thousand Bushels of
Walla Walla Wlieat Sold at 9 7c.
WALLA WALLA, Wash., Oct. 20.
(Special.) Club wheat climbed today
to 97 cents, the highest it has been in
years. Seventy-five thousand buBhels
were sold at 96 4 and 97 cents.
Wheat has been active since Friday,
dealers estimating that 400,000 bushels
have changed hands In that time. The
price has gone up 10 cents in the last
ten days. The grain bought here is to
go to Eiirop
o , no i
THEATER
Home of the Favorite Players
11 A. M. to 11 P. M.
NOTICE
On Account of Public Demand
We Will Show
THE PAINTED
WORLD
Today and Tomorrow
Together With Hearst-Selig Weekly, Showing Latest Baseball Pictures
Entire Change of Programme for Friday and Saturday
COMING SUNDAY
EVELYN NESBIT THAW
And Her Son, Russell William Thaw, in "Threads of Destiny"
Regular Admission 10c Box Seats 25c
PACKERS AGAIN RUSHED
DAY ASO SIGHT OPERATION BE
GUN BY WAR.
Canning Department Alone of Chi
cago Stockyard Demand 3MM
Extra Men Beet Supply Low.
CHICAGO. Oct. 20. For the first
time in 16 years the meat packers at
the Chicago Stockyards are working
day and night in the canned meat and
hide departments in order to fill Orders.
The unusual activity has been caused
by the large orders received as a result
of the European war. In the canning
departments alone 3000 extra men have
been put to work within a week.
TODAY UNTIL SUNDAY:
Ethel Barry more
America's Most Popular Actress in
"The Nightingale"
(By Augustus Thomas and. Producel by the
All-Star Feature Corporation.
A Drama in Five Acts, Containing a Story of
Adventure, Ambition and Love.
The First Appearance of Miss Barrymore in
Pictures.
TRAPPED BY THE FLAMES
Eighteenth Episode of
"The Million Dollar Mystery"
Ten Cents ADMISSION Ten Cents
DENTISTS of REPUTATION
xoo are guaranteed at this office. The guarantee is
sacked by 27 years continuous practice In Portland. Peo
ple come to tnis office from ail parts of the Northwest.
Our skill is acknowledged and our promptness in finishing
work in one day wben required is appreciated by out-of-town
patrons.
We Extract Any' Number of Teeth Without Causing the
Slightest Pain.
We have the best equipped dental office In Portland. We
give the best dental service obtainable at any price.
What we can't guarantee we don't do.
LOW PRICES POR HIGH-GRADE WORK.
Good Red Robber Plates, each 35. OO
The Best Red Rubber Platea. eaea...50
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''A )
:LJ
The visible domestic supply of can
ning beef was depleted several weeks
ago and the packers began sending to
foreign fields for cattle suitable for
this purpose. As a result Canada, Mex
ico and Southern states, whicb never
before shipped livestock to this mar
ket, have been sending their cattle
here.
The packers announce that their en
tire stock of hides on hand has been
contracted for and that orders have
been received which will exhaust the
normal supply for November and De
cember. Until recently the normal trade in
hides in Chicago has averaged from
40.000 to 75,000 hides a week. Last
week 150,000 bides were sold.
German-Owned Mine Sequestered.
PARIS. Oct. 20. A dispatch to the
Havas agency from Bordeaux says that
Marcel Sembat. the French minister of
public works, had informed the Cabinet
that he is proceeding with the seques
tration of the Dielett mine near Cher
bourg, which is owned by Herr Thyssen,
a Westphalian coal operator and head
of the Rhenish-Westphallan syndicate,
and who is a friend of Emperor William.
GERMANS FAIL TO GAIN
ffonttriugd From First Page.
fighting lias been going on since last
Sunday.
"Yesterday the attacks of the enemy
west of Lille were repulsed, the enemy
suffering heavy losses.
"In the eastern theater of war there
has been no material cliangre."
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