12
TIIE 3IORXIXG OliEGONIAN". THURSDAY. FEBRUARY 1,
(Bwgommx
PORTLAND, OREGON.
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rOBTLAKD, THURSDAY, FEB. 1. 1911.
against the tendency of food to decay
quickly in the presence of heat. Men
live to great ages under extraordinary
variations of climate and also in the
temperate zone but they are mostly
men who, according' to their environ
ment, live simple lives.
EOCT1IERN PACIFIC SHOULD ACT.
In his address to the Chamber of
Commerce, Mr. S. B. Cobb showed that
the principal industry of Oregon is
suffering paralysis through failure of
the Southern Pacific Company to sup
ply enough cars to carry the product
of the lumber mills to market. Men
have invested their own money and
money which they have borrowed in
this industry, have manufactured lum
ber and have sold it in faith that the
Southern Pacific would furnish cars
The cars have been promised, but have
not been delivered. Men are being
driven into bankruptcy, and capital is
discouraged from investment in Ore
Bon by inability of lumbermen to de
liver the goods which they have sold.
When President Sproule appeared
before the Public Utilities Commission
last October he promised more cars.
Since then the supply of cars has been
Increased 3 per cent,- but is still only
half as great as the lumber industry
demands. Mr. Cobb estimates that
during eighty-eight days lack of cars
has caused the industry In the "Wil
lamette "Valley a loss of business
amounting to $2,393,000. The con
tingent loss has been much greater,
for business connections have been
broken which cannot be renewed. A
reduced rate was made to Salt Lake
territory and new customers were
found there, but they have been lost
again through inability to deliver the
lumber sold.
In explanation It is said that the
fceavy munitions traffic in the Cast
and Middle West has caused Eastern
roads to commandeer the cars of the
Southern Pacific and other Western
roads. The railroads have tried to
apply a remedy by Increasing demur
rage and rental, but they have failed.
The Interstate Commerce Commission
has sought to force return of cars
to their home lines, but the roads do
not obey and impose delay on en
forcement of the order.
But there is evidence that the shortr
age on the Southern Pacific existed
before the munition trade began. It
existed in 1914 and has since merely
become aggravated. It is due to con
ditions peculiar to that road. Mr. Cobb
gave figures compiled by the Public
Utilities Commission showing that of
six lines extending to the Pacific Coasts
the Southern Pacific has fewer freight
cars per mile of line than any other
except the Union Pacific. It has only
4.74 per mile, as compared with 6.43
on the Santa Fe, 6.97 on the Great
Northern, 7.50 on the Northern Pacific
and 6.12 on the Burlington. Its equip
ment per mile of line has actually de
creased in face of the great increase
of traffic. Its report for 1915 shows
that it operated 6240 miles of line and
had 4.97 cars per mile. In 1916 it
increased its mileage to 7000, but de
creased Its car supply to 4.05 per mile,
"while the other roads show an in
crease in equipment. This was not
due to lack of funds, for during the
last four years it accumulated a sur
plus of more than $41,000,000 after
paying 6 per cent dividends. It did
little better in the matter of motive
power, for in the last four years it
has made a net increase of only
twenty-three locomotives, or less than
live a year.
The Southern Pacific recently an
nounced that it had ordered the build
ing of 1000 cars at its Sacramento
shops, but all, or nearly all, of these
are to be refrigerator cars. Why does
It not build cars to carry lumber?
That is the most urgent need. It has
6hops at Brooklyn in this city for
repairs. Why does it not equip them
to build cars and thus to help in mak
ing good the deficiency?
The prospect is that the volume of
traffic throughout the country will be
greater, not less, this year than it
was last year. There is no falling off
In the output of munitions; the pur
chasing power of the great industrial
centers and of farmers in the Middle
West gives promise of a greater mer
chandise traffic; high prices for farm
products tempt farmers to Increase
their crops. It is the duty of a rail
road to provide equipment to haul this
traffic in accordance with the prin
ciple laid down by the Public Utility
Commission that it is not only neces
sary for utilities "to develop their ca
pacity up to the peak demands upon
their systems, but in addition to pro
vide a standby service to take care
of any emergency or unexpected de
mand." Oregon asks the Southern Pacific,
ana is entitled to know, what it is
going to do about it? Self-interest
seems to dictate that it should provide
ample cars for the traffic of the com
munity with the prosperity of which
its own prosperity is bound up. If it
cannot thus see its own interest, it
will be necessary to resort to compul
sion through, the Utilities Commission.
or, if that fail, through the Interstate
Commerce Commission, which has al
ready taken up the matter with a firm
hand.
IXTKRE8TIXG, QUITE INTERESTING.
The revelations at the Congressional
hearing into the leak, which sundry
statesmen and their Wall - Street
friends have said did not exist and
which therefore no one in his senses
ougnt to try and uncover, for fear it
might be found, may be fairly de
scribed as interesting.
For exaxnple:
The stock brokerage firm, of which
Brother-in-Law Boiling is a member,
sent to its New York correspondent a
confidential message- accurately fore
casting the Presidential peace note,
three full hours before Secretary Lan
sing told the newspaper correspond
ents of its existence and ten hours be
fore it was made public from the
White House.
Barney Baruch, largest contributor
but one to the Democratic National
campaign fund, testifies that through
his own remarkable prescience, and
not through any special tip from any
where, he sold short on Wall Street
and made nearly $5.00,000 from De
cember 10 to December 23. 1916. This
was the period of mightiest disturb
ance of the market, due to the several
peace notes. '
But nobody told Barney anything.
Not at all. He merely made a brilliant
guess and capitalized It. A wise guy
is Barney.
Meanwhile, Barney Baruch, who en
Joys the esteem and confidence of the
White House kitchen circle to a re
markable degree, had heard from the
astute and silent Colonel House by
telephone. He was asked to see Sec
retary McAdoo and recommend some
one to the Federal Reserve Board. Be
ing always willing to oblige, the ser
viceable Barney saw the President's
son-in-law and offered the name of
somebody or other. There is no in
dication that the candidate who en
Joyed the favor of the thrifty and
sagacious Barney has yet been named,
but it has been intimated that every
thing will be agreeably arranged.
Dame Rumor, which first whispered
to the Incredulous ear of the Nation
that there was a leak. Is being tri
umphantly vindicated.
the execution of the trust under which
Congress holds these lands rests with
Congress alone.
It is apparent, however, that if the
state asserted sovereignty the Supreme
Court would be compelled to give a
more detailed consideration to the
question. The proposal that Oregon
assert its sovereign right to tax the
so-called Government lands which for
merly constituted the railroad grant
seems to give Government authorities
more concern than would be expected
there were nothing to -the issue ex
cept the provisions of the enabling act
providing that Oregon should never
tax Government land. Probably the
passage of the Bean bill would defi
nitely raise the entire issue of the
power of the Government to set aside
enormous reserves within a state and
exercise perpetual dominion over them.
Mr. Bean's bill, it seems to The Ore-
gonian. Is of unusual importance. Per
haps it offers an indirect but never
theless positive means of determining
whether Oregon shall be perpetuallj
bottled with Federal reserves on the
one hand and whether on the other
its moral rights as they concern the
railroad land grant shall be ignored
by either Congress or the railroad
company.
ANOTHER BLUE LAW.
Representative Gore, who is nomi
nally the author of the newest pro
posal at Salem for a Sjanday-closing
law, takes care to Inform the world
at large that the measure was intro
duced "by request of the Oregon State
Retail Grocers Association." It is
not our purpose to inquire whether or
not disclosure of the real parentage of
the measure is a help or a handicap.
It is fair to assume that the proposed
act embodies the Ideas of certain high
ly estimable grocers as to how Sunday
should be observed by all grocers and
non-grocers.
It is made unlawful by the bill to
keep open any place of business in
Oregon on Sunday. But Important ex
ceptions are made, among them drug
stores, hotels, restaurants and places
for the sale and delivery of milk or
cream, ice cream, non-alcoholic drinks
and daily newspapers. We are grate
ful for the exemption of the dailies
and the exclusion of the weeklies and
monthlies. Nevertheless, we are moved
to point out that groceries are not to
be permitted to run (except for the
sale of specified articles, which would
hardly pay for the opening thereof)
and we are in doubt about baseball.
theaters and the like.
The people last November repealed
an archaic and obnoxious Sunday blue
law and they will be slow to approve
another. It is clear that they desire
that the citizen be left to name his
own day of rest there ought, indeed,
to be such a day and that the whole
matter is to be left to his conscience.
so long as he does not interfere with
anybody else.
It is not easy to deny the reason
ableness of this view. It is the age of
toleration and freedom.
NO REGRETS.
The lawyers of New York the other
night gave a banquet in welcome of
Charles Evans Hughes back to the
practice of the law. It was- a dis
tlngulsned occasion, and the tribute
to the ex-Governor, ex-Justice and ex
candidate was obviously sincere and
unqualified.
It may have been expected that
there would be repinings and recrimi
nations or complaints. But1 listen to
Mr. Hughes on his adventure into
Presidential politics:
I come back to the bar without complaints
and without regrets. I return to practice
proud of the work of the lawyer, and grace
ful for the opportunity that that work
offers. I have no wound to exhibit. I shall
say nothing; of either battle or murder or
sudden death. I have no desire to evoke
sympathy or any suggestion of misfortune.
did not wish to reel en from the Supreme
Court, but I did reslgrn because I thought
it was my duty to resign and I do not
regret that which I did with that purpose.
A good loser, a good loser, indeed.
Precisely what Mr. Hughes' friends
and admirers would have wanted him
to say. But he said other things about
the duties of public men and the re
wards of public service:
"What I took away from Albany and
cherish as a memory is this, that If a man
will do what he thinks he ought to do.
hether he makes a mistake or hits It right.
will have the generous support of the
people and a strong backing from all
thoughtfu) citizens, and he does not need
to manipulate pontics in oraer to succeea.
The which may be unreservedly
commended to various aspiring gentle
men at Salem who fancy that the way
to fool all the people all the time is
to ascertain what is popular, and not
what is true, or sound, or right, and
get on the band wagon.
Political ambition is an awesome
thing. It makes dunces of the best of
men. Like the aged beau who dyes
his whiskers, no one is deceived but
himself.
Noteworthy extremes of temperature
in the United States on the same day.
wnen there were more than 100 de
grees between-the records of Texas
points and localities on the Canadian
boundary, serve to remind us that the
range of temperature compatible with
human life is exceedingly wide. The
race is adaptable in high degree, and
once acclimated seems to thrive any.
where. These extremes impress them.
selves upon the physical characteris
tics of the people, but apparently do
not constitute a menace to health.
Eskimos are no more subject to dis
ease than Ethiopians, although It may
be true that it requires more physical
care to preserve life in the frozen
north than in the tropics. Nature co.
operates with man in his struggle,
The Arctic produces oily animal foods
and the tropics vegetables and herbs
in abundance, with intestinal antlsep
tics like capsicum as a protection
ASSERTING OCR RIGHTS.
Representative Bean's bill instruct
ing the Assessors of the state to list
for taxation the lands in the Oregon
& California Railroad land grant con
tains an implied declaration that the
Legislature does not concede the
validity of the act revesting the title
of tlfese lands in the United States,
There is more or less doubt as to
the validity of the Congressional act
so long as the railroad company con
tests the disposition therein proposed.
The United States Supreme Court de
cided that the railroad company had
complete and absolute title to the
land, subject only to the condition that
when it sold it should sell in tracts
of not to exceed 160 acres to any one
person, and only to bona fide settlers
at a price not exceeding $2.50 an
acre. Ordinarily the title owner of
property cannot be compelled to sell
As the railroad company refuses to
accept the terms of the act, there is
a fair presumption that it still owns
the lands. In that event they should
go on the tax rolls.
But there is a more important phase.
concerning which there is another im
plication. It is that the state, having
once acquired sovereignty over lands,
cannot be denied that sovereignty.
Oregon is under contract with the
Government- not to interfere with the
primary disposal of public lands and
also never to tax the lands or property
of the United States. In this case pri
mary disposal has taken place. The
Government has granted the land but
now proposes to take it back. In so
doing it contends that the land there.
by becomes land of the United States
and is not subject to taxation. If thi
be true, the Federal Government has
the power' to extinguish a state gov.
ernment by the simple process of buy.
ing up so much of the land within its
borders that the state would not be
able to raise by taxation revenues nec
essary to conduct its government. That
theory is repugnant to common sense.
But there are men of eminent legal
learning who contend that the public
domain within a state is merely held
in trust by the Government; that the
powers of the Government are limited
under this trust to the temporary man
agement of the lands until it can dis
pose of them as expeditiously as may
be. The theory does not embrace lands
held by the Government for military
purposes, oil lands reserved for use
of the Navy, tracts set aside for public
buildings and the like, but it does em.
brace forest reserves.
This theory is held by Justice Hen
shaw, of the Supreme Court of th
State of California. His article, which
appeared in the San Francisco Exam
iner about one year ago, is reproduced
in another column. It appears there
from that the question of a state'
sovereignty over the public domain
within its borders has been declared
by the Supreme Court of the United
States to be not justiciable and. that
Stars and Starmakers
By Leone Cass Bier.
in each of the rival alliances will work
in co-operation and against their ene
mies. If the plans of economic al
liance should be followed, each al
liance will practice tariff discrimina
tion in favor of its members as against TTTALTER DTTfiOAM w.. i Tnri.r.
the opposing alliance and in a less yY lajJt week leaTtng Monday nlKht
degree, against neutrals. The allies . .., .. . ,
may also grant lower ocean freight fr Sea"f; Is ahead of a corking
rates to their own people than to neu- Bhow " the Tra11 Holliday" one
trals in order to support their foreign or tne Cohan-Harris successes of laat
trade, and may buy necessary mate- "eason. Walter Duggan la an ex-news-
rials abroad on a national co-operative I PaPr man. one or tne best or publicity
basis. purveyors, and Is known as "Merrily
During the reconstruction period, I Yours" to dramatic departments on
Europe will spend billions of dollars every paper In the land,
in the United States, but will use Its
purchases to make itself economically Just read where an actress who, has
Independent of us and to put itself appeared for 22 years In a vaudeville
in the best position to compete with sketch. In which she emoted around
us, not only In foreign markets but over the dead body of her husband.
in our own domestic market. We shall I has thrown up her Job and got mar-
tnen realize more than ever the neces- I ried. Gosh. I bone she nicked a. live,
sity or scientific tarirr adjustment ana I one this time.
of an American merchant marine
which is able to compete with the I Answer to Blllle T. I have turned
ships of any nation. Within five years I your query relative to "Stepping
after peace is restored this necessity Stones" and "Mary Queen of Scots'
will be brought home to us. lover to the motion-picture department
and you will find It answered there.
WHY TIFFING PERSISTS.
The recent nnorionii of certain Reply to V. G. Elsie Ferguson la
New York restaurant and hotel pro- marrIed to Thomas B. Clarke. Her
prietors Indicate that the public is far weaaing occurred last June. yes. she
from blameless for the continued ex- was a divorcee when . she was married
istence of the tipping evil. It seems Mr. Clarke. She Is appearing In
that there has been a sincere attempt, "Shirley Kaye," now at the Hudson
on the part of these proprietors, to I Theater In New York. Yes. I quite
stamp out the practice of receiving agree with you; she has a fascinating
gratuities. Notices were posted con- I personality. She has blue eyes and
spicuously, announcing that employes 1 bronze brown hair.
accepting any fee for Bervice to the
public would be discharged. Some, as It may Interest Portland people to
a matter of fact, were so dismissed. I know that in Elsie Ferguson's com-
But it now seems that our rights pany la Corlnne Barker, a Portland
as American citizens are being threat- girl, noted for her beauty. An amaz-
enea atleast, that Is tne New xorK iner story, all about Miss Barker's doe-.
view of It. Bloated with stock-market Sen To, appears In Rennold Wolf's col-
profits and the crumbs falling from
the tables of the munitions manufac
turers, Gothamites Insist on being
held up, despite the ukase of the men
at the head of affairs. Their money
came easy," and they demand the
right to dispose of it the same way.
There is going to be an orgy and
they Intend to be In on it. They de
umn in the New York Morning Tele
graph. Here is the story, censored by
the bored meaning myself:
"While some of the elements of the
more Important premieres were lack
ing, there was really a debut at the
Hudson Theater yesterday afternoon.
Heather, the Scotch terrier known as
Clare hausrhtilv that it is no iro- Tango In 'Shirley Kaye.' was suffering
prletor's business what they do with from an attack of temperament, and In
their money, so long as they pay their tfae emergency a Pekingese spaniel
bilrs, and the head waiters and under named Sen Tu waa recruited.
waiters and the omnibus boys and hat I "Sen Tu Is the most valued possession
bandits will profit accordingly. lof Corlnne Barker, of Elsie Ferguson's
It really is too bad. It has taken I company. He was presented to her by
years to get the proprietors up to the a member of the Chinese Embassy last
point of taking a stand on the side Summer, and, being born an aristocrat,
of the public, and now the public was familiar with the theater only aa
is about to repudiate them. Another he absorbed art from his doting owner,
attempt is to be made to enforce the . has been her custom inr th
rule, but if the people do not help it f. .RhiPi,, k-.
is admitted that nothing can come of Mlss Barker yesterday limousined her
it but defeat.
indeed.
Mr.
suspecting
that within an hour he would be called
n3Plt LI Ferguson and Klaw & Erlanger. It
was 2:30, the time for the curtain to
rise, when Heather's Indisposition was
discovered by the stage manager. The
EUROPE'S NEED FOR RECONSTRUCTION.
The nature of American export trade
after the war will be determined large
ly by the needs of the belligerents.
Those whose territory has been the
scene of hostilities and has been oc
cupied by an enemy will need to re
construct almost everything and to
renew supplies of raw materials, live.
stock, seeds. Those which have been
cut off from the world by blockade
will have been drained of raw mate.
rials. The United States will be the
chief source to which they will look
for all these materials, both raw and
manufactured.
The loss of public and private prop
erty so far is estimated in a report
to the National Foreign Trade Council
at nearly $6,000,000,000. If, as many
expect, the war should continue for
two years, this total may easily be
doubled. That is the more likely if
hostilities should be carried into
hitherto untouched fields. The war
destroys houses, roads, bridges, rail
roads, factories with their machinery
and stock, mines, iron furnaces. In
sections such as Flanders and on the
Somme, which have been the scene of
intense bombardment, the soil has
been churned up and its character has
been changed. It will need to be lev
eled in order to fill up the trenches.
dugouts and shell holes, and thorough
treatment with fertilizers may be nec
essary in order to prepare it for agri
culture. Much material is left for
rebuilding and many foundations re
main Intact, but all bridges have been
destroyed in fighting zones. Railroad
tracks have been partly wrecked, but
have been restored in some places, and
the material of temporary military
railroads will be available. The ma
chinery of many industries in Belgium
and Russian Poland has been com
pletely carried away, while enforced
idleness has caused deterioration of
what remains.
The first work to be undertaken is
expected to be restoration of destroyed
buildings of all kinds, and this will
make a great demand for Pacific
Coast lumber. Slate, brick and other
mineral building materials can be sup
plied locally, but the report says that
Belgium will be compelled to import
practically all and France three-quar
ters of the lumber required. It took
one year to rebuild destroyed villages
after the Balkan wars, but much more
time will be occupied In Belgium,
France and Poland, for labor will be
deficient. Glass will have to be im
ported, though Belgium will be able
to supply much when its factories are
rebuilt.
Of equal urgency with rebuilding of
houses will be food production. Where
farm work has been continued, it will
be intensified; where the country has
been devastated, work will be renewed
as fast as the owners return. There
will be an immediate demand for agri
cultural machinery, seeds, livestock
and building material.
A great demand for steel, machinery
and raw material will arise next for
re-equipment and operation of -fac
tories and for rebuilding of railroads
and bridges. Industries will be revo
lutionized on the American plan, that
labor-saving machinery may make
good the deficiency of skilled labor
and may also put European manufac
turers in a position to compete with
the United States in foreign markets.
If the central empires should be In
vaded, this demand will come from
them also. In any case, those coun
tries will need great quantities of
wool, cotton, flax and hides, for their
supply of textiles and leather must be
well-nigh exhausted. Oregon will have
an opportunity to sell much wool and
flax. Many other raw materials will
also be needed by Germany and Aus
tria.
The entire work of reconstruction
will be financed with government
loans and will be under close govern
ment supervision. Labor will be dis
tributed by government employment
agencies. Imports will be restricted to
articles of necessity, and shipping will
be controlled to that end. The nations
and Navy officers are lionized in
Washington to the exclusion of civilian
officials seems peevish. Does Mr.
Rrvan f o rl rtlnuorl li V Knm n r! I e-V, t
which he suffered In Washington? doff plays a really Important part In
That must have Minded him to th tho ,lrst act. Inasmuch as he is the
honors which have been heaped upon means of bringing together Miss Fer
tile men who have won the victories guson and the man whom In the play
of peace. Has anybody Blighted Shirley Kaye ultimately marries.
Thomas A. Edison, or the Wright "An emergency call was at once Bent
brothers, or Luther Burbank, or John out front to Valentine Kennedy, Miss
Muir? Is it not possible that the peo- Ferguson's busines manager and mas
ple are right in valuing more highly ter of kennels for the organization,
the qualities by which man attains Kennedy, always alert to every crisis,
distinction in the Navy after long serv- pressed his hand against his brow a
ice than those merely political maneu- gesture signifying profound thought
vers by which a man attains brief anj commanded: 'Let Miss Barker's
prominence as a memoer or tne aD- dc eerve as understudv.'
inet? Is not the popular instinct
healthy which pays honor to a man
who, by his calling, indicates his readi
ness to make the supreme sacrifice in
his country's service, in preference to
him who seeks the most pelf or pop-
"Accordlngly, Sen Tu entered the
dramatic profession at that exact mo
ment He wasn't up in the part and
he didn't resemble the rabbit-chasing
canine pictured by the author. Also
ular acclaim without danger to his he "ffed -ably the semblance of
skin?
Major H. W. Patton assumes con
trol today of the Hoquiam Washmg
tonian as lesseo and manager. Hon
orable Albert Johnson remains as
president of the corporation, but Major
Vn ttnn' will Yit thfl r-t i i d i n r. Tinnrl
This is pleasing news to the people of sentenced him to prison for a period
Gravs "Harbor nnrt tbn multitnrtn nf "not longer than his natural life."
friends of the new editor all over the
a dislocated leg, which Is Important
to the recital of the story. But he was
an overwhelming. Instantaneous suc
cess with the matinee audience, and
his engagement was prolonged indef
initely." m m m
Actor killed his wife and the Judge
Pacific Northwest. "New" editor, by
the way, is hardly the proper term.
For four years Major Patton was the
"main , push" of the Washingtonian
under salary and kept it going with
out red figures on the wrong side of was
Guess there must have been extenuat
ing circumstances.
DIdya read about that chap named
Ora One, who. with his bride, got mar.
rled all in black? Headline said he
designer of ladies' hats. Yes.
the ledger. Then he got tired and and I bet he wears a wrist watch and
vowed to quit the business, which he runs ribbon . In the neck of his
did. Six months in California cured I nighties.
him and he ' returns convinced that
"there is no place like home." The
good people of the Grays Harbor coun
try give him welcome and have lm-
RESERVES USURP STATE RIGHTS
California Jurist Says Federal Govern
ment Exceeds Authority.
Discussing the "enormous reserves
which the United States Government is
carving out of lands within the terri
torial limits of the United States, and
which, from the nature of the reserves,
it is apparent the United States intends
to hold in perpetuity." F. W. Henshaw.
Associate Justice of the Supreme Court
of California, In a letter to the San
Francisco Examiner, has shed light on
an important phase of the legal Tights
involved in the question. Justice Hen
shaw says:
"The question Is of transcendant Im
portance to all of the Western and ln
tramontalne states. I was called upon
to touch briefly on certain phases of
it in an opinion of our court Deseret.
etc.. Co. vs. State of California, 167
Cal. 147.
"There are certain vital facts which
cannot be disputed. Amongst these are
that each state retains all of its sov
ereignty, saving so much of it as has
been expressly or by necessary impli
cation been conferred upon the Govern
ment of the United States.
"The original states owning vast
tracts of public domain, which they
made over "in trust' to the struggling
general Government, clearly defined
the trusts upon which the Government
was to hold those lands, and the funda
mental purpose and limitation of the
trust was that these lands should not
be permanently held, or held In per
petuity by the Government, but should
be 'disposed of.' as the Constitution it-
elf said, in aid of the new states wnen
and as they were created out of these
territories.
It is safe to say that these grants
would not have been made to the
United States by the original states if it
had ever been in contemplation tnai
the United States would ever assert the
right to exercise perpetual dominion
over any considerable portion or these
lands by 'reservations.' The reserva
tion of small portions for military and
naval purposes, of other Insignificant
Dortions as homes for the Indians, were
naturally within the general score of
the trust ltseir.
Another lejral proposition of great
significance is that when a territory la
admitted Into the Union as a state.
upon the Instant it Is vested with every
right which belongs to the original
states. Therefore the question is not
complicated by considerations of what
the United States may or may not do
with territory such as Alaska, which it
nurchased outrlerht, and which has not
as yet been Impressed with the right of
statehood.
"While It owns these lands as pro
prietor, its duty is in time, when popu
lation and other conditions permit, to
erect a state covering the territory. But
while, it owns these lands as proprietor
and before a state is erected, it may be
conceded that It may set aside some of
these lands for governmental purposes
il lands for the Navy, coal lands for
the general public various reserves for
the same purpose tne unaenyins
DroDosltion. however, is that when it
has made a state out or a territory,
composed of lands thus purchased, or
composed of lands to which it has ac
quired the title under Its great aeea oi
trust, in either case the state at once
becomes sovereign over those lands un
der the trust itself, and the powers of
the United States are Justly limited un
der its trust to the temporary manage
ment of the lands until It can 'dispose'
of them as expeditiously as may be.
"What the United States has Been ao
Ing and is doing' is to carve out of the
state lands of the Western ana lntro
montaine states vast tracts which it
declares shall not be open to settle
ment, shall not be under the sover
eignty of the state, shall not pay taxes,
but shall be reserved forever for Na
tional purposes.
This cannot legally be done, and it is
very unsatisfactory to my mind to say.
as does the supreme tjourt or trie
United States (Camfleld vs. U. S. 167
U. S. 624) that the question is not Jus
ticiable and that the execution of the
trust under which Congress holds these
landsk. rests with Congress alone. Ac
tion by a state asserting sovereignty
over these lands would compel a more
detailed consideration of the question
by the Supreme Court of the United
States and the payment or some atten.
tion to its early decisions such as Pol
lard's Lessees vs. Hasan. S Howard, 212.
'Of course, this involves no consid
eration whatsoever of the wisdom of
conservation or of the superiority of
National conservation touching these
lands over state conservation. I repeat.
to my mind the fundamental proposi
tion is that whether or not the state
chooses to conserve these lands or any
part of them is a matter wholly and
exclusively for state determination, and
the United States has no power so to
do over lands within the corporate lim
its of any existing state, its power In
this matter being only to set aside lim
ited portions for military and naval
stations, for the Indians, and perhaps
in aid of commerce.
Twenty-five Years Aaro.
From The Oregonlaa of February X, 1892.
Mentone, Eng., Jan. SI. Dr. Charles
H. Spurgeon. noted writer and preach
er, died here at 11 o'clock tonight.
W. A. McFarland. of the firm of U(H
Farland & French, has purchased an
nterest In the Oregon National Bank
and will move here soon.
George U. Piper, one of the psoprlew
tora of the Seattle Press-Times, la In
tho city.
"Senator" W. J. Morgan, who left
here last August for New York to
assist Professor T. W. Eck In manag
ing the International bicycle tourna
ment in Madison Square Garden, re
turned, yesterday.
Mrs. Kate L. Bonar and her daugh
ter. Hazel, accompanied by Miss Marie
Green, have gone to San Francisco and
San Jose for a month.
Only six men are now at work on the
Cascade locks and these are used In
protecting the plant.
Colonel James Hamilton Lewis Is re
ported from New York as being a can
didate for Governor of Washington.
plicit belief that he will do what he black dress "would serve for -little
says he will do. I evening parties or xor mourning.'
The eight months' term "for the
barefoot schoolboy of the country will
be one more inducement to get back
to the land. If that should be fol
lowed by consolidation of rural schools, I meant women with other women's hus-
that they may be divided Into grades I bands. Jn any event any woman has
under competent teachers, the coun- I my sympathy.
try boy and girl would come Into their
own. I An Interesting bit of gossip is that
Francis Wilson, the comedian, is soon
Turkish anger at the allies' declared to marry Edna Bruns, his leading
Intent to drive them out of Europe woman In "The Bachelor's Baby." and
will be so bitter that no Briton, th a woman whom he started on tho
Frenchman, Russian or Italian will be I road to stardom.
Out of the whole cheery mess I
gleaned but one gob of humor. The
bride, being Interviewed, said that her
Few men have the experience of Lola Rogers, over at the Baker
reading their own obituaries, but John Theater, says she read an account of
Hammersly. the hunter, is one of the ten billion Egyptian eggs being
exceptions. Those who came to the shipped over to New York. She also
conclusion that he had fallen a prey added that she'd bet a cookie that the
to the wolves underrated his dauntless dealers will keep mum-my about the
character and skill. So long as he I age of those Egyptian eggs.
roams the woods, many a wolf and
cougar will fall victim to his rifle.
Long may he hunt.
Some fool woman writer, a spinster
you can bet, suggests that all women
having husbands be taxed. As if women
with husbands don't have troubles
enough already.
m
' On second consideration maybe she
able safely to enter Constantinople ex
cept as a conqueror. If they do not
win they must stay away.
The wedding is to take place some
time in the next two weeks, to be fol
lowed by a honeymoon trip to San
Francisco and Honolulu. Mr. and Mrs.
Wilson will return to New York in
April
Edna E. Bruns owes her stage career
more to Francis Wilson than to any
body elge besides herself. It was he
Hlfttorlcnl Sortletv should he hwrtM IorK. a"er naa B'ven up singing
Ttjt work will he of rr-rntr 1u rational I in a St. Louis church choir. For
value as the years go by. I number of years she played minor roles
with mm, tnen lert mm to neaa ner
If a Dutchman wrote "Paradise own stock company, and then returned
Lost," Dore missed about fifty pounds to him, becoming his leading woman.
"Tell the truth" is the motto of the
Roseburg Commercial Club, but peo
ple will not believe the whole truth
about Oregon. If tho club tells half
it will be plenty.
on each of the women he drew.
The announcement of their Intention
to marry was a complete surprise to
nearly all the friends of both Mr. Wil
son and Miss Bruns, although they
It Is to be hoped somebody changed
the water when those 929 Mexicans have been cIoe,y associated for sev-
were Datnea at ti i'aso. I .mi vp r ui pn is mnnv
the Junior of Mr. Wilson. She is 31
Why not parade the Oregon boys on I years old, while Mr. Wilson is 63. Mr.
their return and make every spectator I Wilson s first wife died in 1915,
a yell leader this time?
Winnie King Davis, a distant rela-
Any concession made to a shlpbuild- I tive of the late Jefferson Davis, and
ing plant Is a help to Portland pros- I namesake of his Illustrious daughter,
perity. I will have the role of Fanny Cowan In
the new Southern comedy. "A Nigger
Alaska soon must be content with I in the Woodpile," by Harris Dickson,
the 60ur dough, minus the sour mash. I which Madison Corey and Joseph Riter
are proaucing unaer tne uirection of
Harrison Grey Fiske. It will be Misa
Davis" first New York appearance, her
previous experiences having been with
the semi-professional stock companies,
organized by the stage societies in the
I West.
Portland people, like sinners, stand
in slippery places.
Mr. Groundhog will need an over
coat tomorrow,
In Other Days
Half a Century AaTO.
From The Oreconlan of February 1. IS at.
London It is reported Prussia has
asked Austria why troops are being
concentrated in Gallcla,
Governor Cummlngs, of Colorado, is
in Washington opposing the admission
of Colorado as a state.
Washington Senator Washburn haa
introduced a bill for the removal of the
National Capital nearcf the center of
population.
a
E. M. Waits and Miss Louise Brey-
man. of Marion County, were married
January 26 at Salem by Right Rev.
Bishop Scott.
Mr. A. Sprague appeared with the
Tanner troupe for the first time last
night at Oro Flno Hall and made a
decided hit.
COAL OIL. NOT DAXDRl'FF CL'RE
Scalp Diseases Seldom Alike and Spe
cialist Should Be Consulted.
VANCOUVER. Wash.. Jan. 80. (To
the Editor.) Will the application of
coal oil to the scalp several times a
week rid the scalp of dandruff? Will
this treatment grow hair, as claimed
by so many, or is it injurious? My hair
is very oily, but scalp is apparently
dry, as dandruff seems to form as rap
idly as I can rub it out, and hair is
fall ins- out.
Kindly recommend a treatment- for
my particular case. TREBOR.
Coal oil Is not considered by the
medical profession to be a suitable
remedy for dandruff. So far as Its
growing hair is concerned, authority
for such use of coal oil Is lacking.
As no two cases of scalp diseases are
exactly alike, it Is difficult to recom
mend treatment. A serious case would
Indicate the advisability of consulting
a competent skin specialist.
Questions In Civil Government.
THOMAS. Or.. Jan. 29. (To the Ed
itor.) Please print the names of the
following: (1) Present .Speakers of both
legislative houses at Salem. (2) German
Ambassador to the United States. (3)
Speaker of the House of Representa
tives at Washingtork. (4) United States
Senators from Oregon. 5) United
States Representatives from Oregon.
(6) Chief Justice of the United States
Supreme Court.
MRS. MINNIE MARKART.
(1) President of Senate, Gua C. Mo
ser; Speaker of House. Robert N. Stan
field. (2) Count Johann Helnrich von
Bernstorff. (3) Champ Clark. (4) George
E. Chamberdain and Harry Lane. (5)
William C. Hawley. N. J. Sinnott, C. N.
McArthur. (6) Edward D. White,
Louisiana.
DISCIPLINARY VALUE OF STUDY
Habits of Accuracy and Rlsht ThlnJUns;
Always Valuable.
PORTLAND. Jan. 30. (To the Ed
itor.) I have maintained a long silence
on the controversial subject of the dis
ciplinary value of the various school
subjects for the reason that I have been
laboring through the works of Mun
sterburg. Hall. etc. In search of cor
roboration of the statements advanced
by the teacher from Albany. I recog
nize that my ignorance is not his fault,
but he would have relieved me greatly
bad be been more specific in his refer
ences. Even though the array of authorities
cited worries me, I am not dismayed.
"If one desires to become a lawyer, he
should study law." Yes. and medicine
too, if he wishes, and astronomy, if he
desires. I have heard attorneys in court
discussing hydro-electric plants and
vaccination with technical knowledge
of the subject that would have astound
ed Coke himself. I am sure that the op
posing attorneys attempted hard to form
equations, the Judge in his charge lu
cidly interpreted the variable quanti
ties of the case, and the only weakness
was with the Jury, who were ignorant
of the postulates and axioms. It may
be true that both the judse and the
attorneys had long ago forgotten De
Moivre's theorem, but the disciplinary
values acquired never have been lost.
The Jurymen, by the way, being Jury
men, had never heard of it; they ma
jored in English.
Despite the fact that our Albany
realist and our educational department
are one on the value of algebra to the
child. I am still of the opinion that the
habits of accuracy in thinking and ex
actness in execution are desirable and
can be engendered as advantageously
through this subject as any other. With
reference to the problem of the fish's
tall and his head, etc., I have but thi
to say: Perhaps Professor Wells, who
incorporated the problem Into his text,
was, like me. Ignorant of the unanimity
of opinion on the disciplinary value of
these "puzzles." which existed between
Dr. Hall. Professor Munsterburg and
our Albany teacher. I presume' Pro
fessor Wells. In the chair in mathemat
ics at the Massachusetts Institute of
Technology since 1S73, Is a nonentity to
the grammar enthusiasts of this sec
tion. The citation of the seemingly absurd
puzzle which comes from the first few
Daces In the elementary algebra ren
ders obvious one cause of the dislike
for the entire field. I believe it is true
with all topics, elementary mathemat
ics as well as the rest, that one's inter
est in them grows with one's knowledge
of them: and one's contempt Is usually
based on lack of Interest.
With reference to the mcney wasted
for tobacco and booze. I am in heartiest
accord with our positivlst from Albany.
I even go further. If the profits mada
last year in the chewing gum industry
could be donated to Albany College, it
would be the largest single gift ever
received by that worthy institution,"
and could the total sales of face powder
be given to the Albany City Council,
they could erect the most elaborate
calaboose west of Halifax.
AN OLD TEACHER.
Of
Eminent Domain In Loslnsj.
OSTRANDER. Wash.. Jan. 28. (To
the Editor.) Kindly Inform me if there
is a law in the State of Washington al
lowing a timber company to force a
right of way for a logging road through
privately owned land, such as a home
stead, against the owner'a consent. If
so, what damagea does the law allow
such owner. How much per thousand
feet of logs taken over such road will
the law allow? J. H.
The Washington ' law extends the
right of eminent domain to logging
companies, which may condemn pri
vate property for purposes of building
logging roads. The compensation is a
matter for a Jury to decide. The in
jured party may bring suit to have this
determined.
YEAR WHEX COLD KILLED WHEAT
Mr. Geer Recalls Willamette Valley'a
Experience In 1SS3.
PORTLAND. Jan. 81. (To the Ed
itor.) Although many of the "old tim
ers" may have forgotten the year, they
will all remember the time when a very
severe "spell of weather" in February
killed all the wheat In the Wlllamettr
Valley. The year waa 1883. The month
of January had been one of alternate
light freezes and occasional snows, but
was not an unusual January in that re
spect. On the first day of February,
however, the mercury dropped during
the middle of the day to several points
below freezing and for 10 days there
was very little variation in the tem
perature. Most of that time the sky
waa clear and a north wind prevailed
without a break. The result of this
waa that, as stated, all tho fall-sown
grain in the Willamette Valley was
killed and the entire acreage was re
seeded. This was done In the last half
f February, during which there was
some recurring slight freezing weather,
but with the Incoming of March warm
and dry weather succeeded and there
was no rain until Easter Sunday, the
2oth of the month, '
There Is nothing we encounter which
is so uncertain, erratic or disdainful ot
the "rule of reason," as that thing we
call the "weather." In connection wits,
which thought it is well to recall that
that is the only instance since the first
settlement of the Willamette Valley
more than 70 years ago, when there waa
an universal killing of Fall-sown
grain.
In verification of my dates I will cite
that my grandparents on my mother's
side were married in Indiana on Feb
ruary 1. 1833. and the cold snap to
which I have referred began on the day
when about 60 people were celebrating
their golden wedding anniversary on
their old homestead on Howell's Prairie,
seven miles east of Salem.
That was on Thursday. Feb. 1. 1883.
T. T. GEER.
Prediction to Mexican Policy.
PORTLAND, Jan. 81. (To the Editor-)
May I venture the prediction
that our Administration's next impor
tant move in the Mexican farce will be
the recognition of Francisco Villa as
the de facto government of Mexico?
E. W. NELSON,