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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Sept. 24, 1905)
33 TELE SJjNliAY OREG ONIAjX" t " PORTLAND, SEPTEMBER ' 24, v 1903. George H. Williams Advocates' Abolition of EXTRACTS lltOH JUDGE WU IJAMS ADDRESS.. I ftsalt not andrrta'ke te trace the Mr4nr f Jury trial. Their origin la fcscttre and traditionary, butlt la evi dent frem what is recorded about them that their chief object and use were to prevent acta of oppression and iufwattce pn the oommen people by m arbitrary rvernment and prtvl leged classes. These reason do not rx 1 tat country, for here we have a gvcrntent f the people, by the people a "4 for the people, with a crtUwtton that guarantees te all per mm the ettal protection of the laws. With all nr veneration for the com- saw. we have codified rnuoh of It of existence. T la.-a.lc Unt If la n fnrt i to which we easnot shut our eyes that I oor rwitr' 1 deeply agitated with a TMaMte utruggte between capital and j taoor. It t expedlont that courts and i thcor Kwchtnery nhoutd be made aa tTr ac popwtfalp from the feeling en- t. LOMlwiod hy this strife. An otoctlve Jodlctar' is a sufficient coatoct of the peopte with the courts. Omc perl objection to Jury trials i as the opportunity they afford to create i OrhLy nod expense. B STORE the law school of the Ore gon State Ualvorslty the other nticttt. Judge Georse II. Williams doltvered a most remarkable address lit Savor of tho abolition of the present jury agrvteoa Hta remarks were listened to ajr an audience that taxed the pen tins' caamliy of one of the local courtrooms, ad Inctoded therein were Judges of the State Circuit Court beekles Judge Hunt, of the United States District Court, who la pr waHlng at the land fraud trials. Camftnaj as they did from a man who has accaaatd the dtettagutehed place in history m Jadf Williams, both as Attorney Omwl of the United tSates during Pres. Mont Oram's administration, as well as wbii of the Alabama Claims Com HaalBu. his opinion upon the subject created a deckled hnnreaeion.basod as tfcejr are noun ajt experience in courts of law covering upward of fl years. The Wet of the addreas follow: Makos Radical Address. I props to make a radical .address. I una by that to st&to my views In Invar of a raaHoal change in the admlnis. tratloa of law hy the courts of this coun try. I do not expect that my views will accepted or pencrally approved, but H fa aomettmos ueeful to cont'Wor all .sides of a aaieattoa, though one side may be npopnUr and contrary to the current of pahMc nsdsuoti. I am In -favor of the total abolition of Jury trial in all our cosma, I tdtall not undertake to trace the history of Jury trial. Their origin is onurnre and traditionary, but it is evi dent front what is recorded about them that theft chief object and use were to p wait acts of oppression and injustice poa the common people by an arbitrary sjwemaseat and privileged classes. Tawoe reasons do not exist in this coun try, for here we have a government of the peonte. by the people and for the people wUha constitution that guarantees to all persons the equal protection of the laws An effort Is made to inves Jury trials with a fort of mrrcd character, uraaai ther are old and are Identical with the common law which has de scended to us from our English ancestors, but with all of our veneration for the cssnanoa law we have codified much of it out of existence. This devotion to trial hr Jury Is more a matter of sontlmcnt than of sound Judgment based unon ex-J Isoa conditions. Whatever has been ... k- attested as necefwry or true by expert, saw as a general rule is to be accepted, sun I do not consider anything inviolable In law or pontics tdmnty because t is old and has come down to us from former CueiaOou. Codes of law and systems of their administration depend for their value more upon their adaptability to existing: conditions than upon their an tiquity or attractive appearance. An Iconoclastic Ape. This Is an Iconoclastic age. The motto of the times Is Try all things and hold that that which Is good.' Tribunals are necessary In every well organized com munity Car the administration of Its laws, and the ends of Justice imperatively .re quire that the tribunals rfiould be re moved as far as practicable from the in fluence of paosion and prejudice and every Mer evil Influence. Our Juries generally are drawn from a panel made up of all hinds of people, and sometimes, and not infrequently, of persons picked up on.the street by aa ofneer of the court as he may chance to ftad them. Each Juror when he Is called Is examined to And out If he knows anything about the parties or the case, and the nearer he comes to knowing' nothing about these or anything Is, th better, qualified for a juror he as considered to be. Sometimes it takes week to obtain a Jurv. Moan while wttnossos are kept in suspense and j oosts are accumulating against tho losing party, owe was when jurors were sc-'e-ted from the neighbors of the parties f the suit, and these Jurors made their dertstoa upon their personal knowledge of he litaaants and the facts of the case, frot tnfc was found not to work well and he system was changed so that the Jurors wre not allowed to consider anything but tho tastlmony of disinterested wit nesses; then it was again changed so 'bat tho parties to the suit and any in terested persons might be witnesses. Formntldh of a Jury. Every hvwyor of much experience knows that there is a point to be gained in the formation of a Jury. An astute lawyer whH Judge from the appearance of a Juror the manner In which he answers questfonjc his associations and tempera ment whether or not it will help his side of the case to accept or reject the Juror. It Is .M that one of the secrets of the success of Abraham Lincoln as a Jury lawyer was his ability to Judge correctly of the natural bias of the thought and feeling of a Juryman. To work upon the prejudicos or sympathies of a Jury in the trial of a cause is common practice, and the lawyer who is most successful In thhx is the most popular lawyer for the trial of jury cases, and It Is a fact which cannot be denied that .in many cases if the verdict of a Jury is not con trolled It is largely Influenced by the prejudice, passion or sympathy. I remember a case Illustrative of this, tried before Justice Grlor of the-Supreme urt of the United States. The suit was for the possession of land. The title of the plaintiff and his right to recover wore perfectly clear, but he was a rich man and the lawyer for the defendant denounced him as a greedy, heartless wretch, and so worked upon the feelings f the Jury In that way that they re turned a verdict for the defendant When the verdict came in Justice Grior said: 'Mr. Clork you may set aside that ver dict I want it understood that it takes IS men in this court to stoaV a man's farm. Inexperienced Men Serve. Juries are generally made up of mon who have little or no experience In court and frequently they are compelled to sit for days, sometimes for weeks, to hear the testimony of witnesses, depending upon their memory for 'what these wit nesses say. Some Jurors are wide awake and attentive, end others dull and sleepy; some understand or recollect the testi mony In one way, some In another. In con sequence of which, when they retire to consider of their verdict a wrangle ensues over the evidence, resulting oftentimes In a disagreement of the Jury or a compro mise verdict. Disagreements produce vexatious delay and great additional ex pense. Compromise verdicts are generally made-to enable the Jury to get out'of the room In which they are confined, and the J risui or wrong -oi me vcraict cuts vcry Httle figure in the result I have known of cases In which men were tried for murder. Some of the jurors were for conviction, some for ac quittal, and they finally compromised on a verdict for manslaughter, for which there was no law or evidence In the case. When a Jury is drawn, the court Is usually beset with applications to discharge those drawn, and some arc necessarily dis charged, and I have seen their places filled with loafers hanging arpund the courthouse for the purpose ot getting on a Jury. Men who- arc called as Jurors and are At to act as such are taken away from their business, sometimes greatly to their injury, and when compelled to serve are apt to be restless, Impatient and un happy, a state oj! mind not the best for calm consideration and the impartial ad ministration of Justice. Convinced of the defects of the present system, some people advocate a change by which a majority ot the Jury may find a verdict This Would be simply a patchwork oxperiment It would obviate only one objection to the Jury system. It might prevent so many disagreements of Juries. Try Something Xctv. If we are to have a change. It seems to me that we had,better try something new and not be constantly tinkering with an old and worn-out system. I am no alarm ist, but it is a fact to which we cannot shut our eyes that our country is deeply agitated with a Titanic struggle between capital and labor. It looks now as though it would continue Indefinitely and prob ably with Increasing bitterness. It Is ex pedient that courts and their machinery be made as free as possible from the feel ings engendered by this strife. Mobs and lynchlngs are quite common in our coun try, and produce Intense feeling In the communities where they occur, and this feeling is liable to find Its way Into the Jury-box, to the obstruction of justice and the prevention of punishment for crime. Some lawyers whom I have heard speak upbn this subject claim that the Jury system educates the people and keeps them In close contact with the courts, but this as it soemo to me Is quite fanci ful, and the people for whose benefit this argument Is Intended do not seem to ap preciate its value, for as a general rule those summoned on a Jury seek to be excused, and those who arc not excused but retained for porvice when they are discharged usually go homo swearing they will not be on a Jury again If they can a'oid It. An elective Judiciary Is a sufficient contact of the people with the courts. Experience With Mobs. Speaking of mobs, my experience with one may be of Interest Two men wore partners In a wharfboat at a little town called Montrose, on the Mississippi River in Iowa. Those men quarrel od and threat ened to kill each other. One night one of them disappeared, and on the wharfboat were found bloodstains and other evi dences of a( life-and-death struggle. In- Hucncca oy tnese appearances, a moo was organized to hang the wharfowner who remained, upon the assumption that he had killed his partner and thrown his body into the river. I was judge there at that time and happened to arrlvo In the town Just as the arrangements for hanging were completed. I pleaded with the crowd not to hang the man, promis ing that he should have a speedy trial and due punishment If convicted. The mob desLsted and the accused man was taken to prison. Some time aftor I discharged "u."'-:"" i' ".'fJ""" : . fore me alive and well. He had fixed up the appearances on tho wharfboat to In volve his partner In trouble, and then skipped down the river. This rfiows that, mobs are liable to be mistaken and that circumstantial evidence of a crime should he closely scrutinized. When the verdict of a jury Is returned It Is almost the invariable practice for the defeated party to move to set aside the verdict The right of the court to do this is universally recognized and is oftentimes exorcised. What sort of a commentary Is this upon the sacred right of trial Tjy Jury? Catiso Delay and Expense. One serious objection to Jury trials' Is the opportunity they afford to create de lay and expense. When a case is on trial each lawyer raises all the points of law he can with a view to an appeal to tho Supreme Court if he Is defeated. These points the Judge must decide offhand without time for reflection or to consult authorities, and the most learned Judgo is liable to fall into error in making these hasty decisions, consequently one-third, perhaps more, of the verdicts of Juries are set aside by the Supreme Court for some erroneous ruling during tho trial of the lower court. These proceedings not only accord with the popular outcry about the "glorious uncertainty of the law," but m some cases by the expense and de- lay they ccaslon amount to a practical denial of Justice. Some people say that whatever Jbe rule may be in civil cases, the right of trial by Jury in criminal cases ought to be preserved: but In my opinion if there Is any difference Jury trials In criminal cases are more objectionable than In civil cases. Our laws for the prevention of crime can only be made as effective as they ought to be when It Is understood that their violation will be followed by speedy and certain punishment That there is something wrong about our criminal Jur isprudence seems to be a widespread opin ion. Secretary Taft In an address late ly delivered to tho law school of Yale College said: "The administration of the criminal law In all the states of the Union (there may be one or two exceptions) is a disgrace to our civilization. The Judge forbidden to express any opinion "on the facts of the case Is limited in function to that of the moderator In a religious as sembly, And the verdict becomes rather the vote of a town meeting than the sharp, clear decision of the tribunal of Justice. So many peremptory challenges are allowed to the accused that the de fendant's counsel is able to eliminate from all the panels any man of force or char acter and standing In the community and to assemble a collection In the Jury-box of nonodscrlpts of no character, weak and amenable to every breeze of motion, however maudlin or irrelevant to the Is sue. The rosult of our lax administra tion of the criminal laws Is that since 1SS5 therft have been 13L,9il murders and homicides, and 22S6 executions. In 1SS5 the numb'er of murders was 380S; in 1904 it had Increased to 81S2." Responsible Tor Crime. This language of the Secretary is pretty strong, but there is little doubt that to some extent our present Jury system is responsible for the increase of crime In our country. When a crime like murder is committed the newspapers publish the circumstances: these are discussed by the people; opinions are formed, and conse quently it takes a long time to find 12 mun Ignorant enough to try the case. During the trial a multitude of technical questions are raised and argued. If the verdict is against the defendant, all the time the court will allow is taken to file and argue a motion for a new trial. If this is overruled as much time as can possibly be obtained Is taken in which to settle and file a bill of exceptions. An appeal Is taken to the Supreme Court and after the case is argued it is taken under advisement by the court and' If hen a, case! on trial, each lawyer, raUea all the point of law he can with a view to an appeal to the Su preme Court If he la defeated. These points the "Judge must decide off-hand, without time for reflection or to con sult authorities, consequently at least one-third of the verdict of Juries are , set aside for some erroneous ruling. the Judgment of the court Is not re versed and a new trial ordered, which Is quite common, but Is affirmed, by the time the mandate gets back to the lower court the moral effect of the prosecution is Jarsely lost In the Indifference or forget fulne;s of the public mind. A Chinaman is reported to have .said: "China law first class. Man. klllee man, head off. No ketchec htm somebody head off, mebbe cousin head off. English law second class. Him. ketchee roan, mebbe allce same head off. Mellcan law no good, too mucbee Slupleme Court." I know it is easy to pick flaws and find fault with any judicial system, arid that It is not easy to provide a better and more satis factory substitute, but no Improvement can be made without an effort In that direction. What He Proposes. I will state what sort of a Judicature I would have If I could have my own way. Taking Oregon for an example. I . would have In each county three Judges at least or more If the population and business of tho county required. The presiding Judge should be a member of the bar of the Supreme Court and the others might bo -lawyers or business men. as the people might determine. These Judges should constitute a court that should be In con tinuous session, or in other words to havo no terms (ordinary adjournments ex cepted) and should have exclusive Juris diction to try all criminal and civil cases arising In tho county. Justice Courts with a limited Jurisdiction excepted. All questions of law arising on the pleadings should be settled by the presid ing judge under rules to prevent delay, and when a case' was at Issue It should be tried before all the Judges, and their decisions upon the admission or rejection of evidence and all other incidental ques tions arising upon the trial should be conclusive. The Judges should make find ings of fact and upon these findings ren der their Judgment No bill of exceptions should be allowed, and upon an appeal to the Supreme Court, the transcript sent up should be a copy of the pleadings and of the findings of fact and the only ques tions submitted to the Supreme Court should be whether or not upon this tran script the law Is for the plaintiff or the defendant This Is a mere sketch; I -cannot here go Into details. Some of the ad vantages of this system are these: Cases could bo tried when they were at Issue at the convenience of the Court, and the parties-litigant would not have to wait from one term to another or to wait at.a trial term for days with their witnesses at a PASSING EVENTS IN MUSIC'S REALM Miss Arpe Ditchburn's Farewell Concert Harold Bauer Coming Church Choirs. N: EXT in order In Portland's musical season Is the concert by home tal ent at the White Temple, Tuesday evening, to mark the" departure tor New York Citj' of Miss Anno Ditchburn, con tralto soloist" and reader. An Interesting and varied programme has bcon prepared. and from the unmistakable talent of I those who are to take part, the event ( which will be under the management of Lauren Pease, will be well worth attend ing. Miss Ditchburn read and sang here before she went to New York City to study, and she has shown hard work and marked Intelligence that falls little short of genius. ' Mrs. Pauline Miller Chapman, the so- i prario solol6t studied with Miss Grace Hyde, of Springflekl, III., and later at the Chicago Conservatory, where she grad uated In vocal. Mrs. Chapman next stud- j led with Miss Amy Major, SIgnor glares- ' calchi. and Max Helnrich, with whom she : appoared as soloist In his well-known con- 1 cert tours. Flattering Inducements were 1 held out to Mrs. Chapman that she enter grand opera, but family prejudices were j In tho way. and she chose a caceer as J concert singer and teacher. ' The other talent at this concert will consist of the Lakme quartette. William Wallace Graham, violinist: Stuart Mc- . rSutfA Vinvltnnjb anA 7 4llran Pftaca 4nn Six girl friends of Miss Ditchburn have kindly agreed to act as ushers. The list of patronesses: Tho Misses Falling. Mrs. I. N. Flelschner. Mrs. W. a Alvord, Mrs. A. E. Hockey and Mrs. Davis. HAROLD BAUER COMING. The Greatest Living Pianist of the Younger Generation. Portland musicians are on the qui vive over the news that Harold Bauer, the star of the musical firmament, who Is said to embody in his art all that Is most vitally and subtly modern, will soon be heard here In concert. It Is said that wherever he plays, he, Caesar-llke, conquers, ana thus It Is that If you Interrogate a critic at London. In Berlin or In St Petersburg, the answer Is inevitable: "ine greatest of living pian ists of the younger generation?" "Vfhy, Harold Bauer, of course." V J. Huneker, in the New York Sun of De cember 21. 1W0, wrote: "Harold Bauer Is a musician for whom the message of the composer is the primary consideration. There is a violin timbre In his touch, the warmest and most mellow heard since Paderewski. His ten fingers sing, sing in velocity passages, chant In cantilena, and to top all there is strong mentality, a sense of just historical values, and a color sense that at times becomes overpower ing; at times suggests Pachman In his most sonsuous moods. Yet he Is himself, and ever the spund, well-balanced musi cian. His success Is unequivocal." DOMAIN OF MUSIC. Mrs. Walter Iteefl has resumed her i4tloa ao foIo coatr<o ot the choir of the Cathedral of the Immaculate Conception. Miss Mary "E. Luger hu returned to this city after a three months' sojourn tn Chicago, where she has been attending a post-cradu-ate course of vocal Instruction at Calcairo Muelcal Oellere. The mutlc events ot the week were Madame Norelll's concert and the organ re citals of "William C Carl, of .New York. These events are noted on other pages., Mr. Carl plays tomorrow night In Seattle. Mho Katharine Covach was one pf the solo-' 1st Italian day at -the Exposition, and made a hit singing Ardltl's "Magnetic Waltx." Miss Covach looked like a daughter of sunny Italy, and her Kinging in Italian made H hard to believe she Is really a native-born Oregonlkn. Musical programme this morning at the Firfrt Unitarian Church, under the direction of Mrs, Frank Ralcy: Voluntary, "The Ascension' (Alfred Redhead); anthem. '"O Ceme. Let Us Worship" Hlmmel); Gloria (Beethoven); Re sponse (Haasoom); anthem. ''God Is Love" (Sutll van-Greene); "Nunc Dlmlttis"' (Barnby); Fostlude, "Grand Cboeur" (Georges Mac Mas ter). One of the busiest among the younger Port land vocalists at the Lewis and Clark Expo sition Is Mlis Elisabeth A. Harwas. who sang there during Italian day exercises last Wednesday evening and, won many pleasant compliments for her meritorious work. ,Her principal tolo was "Convien partlr a Ro- Jury System great expense for their cases to be called. If a prisoner was arrested for crime, he could be tried at once, while the witnesses were procurable, without the necessity of a preliminary examination before a jus j tice of the peace. Now persons are some times compelled to lie in jail for months ! at the expense of the public with chances for escape, awaiting a term of court where they can be tried. Judge Could Take Time. When a case was tried, the Judges' could take time to consider the law and the facts (the evidence .should be reduced to writing), and the case would not be rushed through pell-mell to a decision, as it Is now In jury trials. Great expense would be saved and dila tory proceedings prevented by making the decision of the Judges final upon all Incidental questions. Objectors may say that It Is unsafe to trust so much to a court of original Jurisdiction, but some- Doay must be tn?.tcd w'tn a nnai decision. and I can sec no reason why a court ot three or five Judges, who hear and see the witnesses and have abundant time to examine and consider a case, may not bo as safely trusted, especially as to minor matters, aa tne juages ot me supreme Court, who know nothing about a case except what ihey see In a written or printed record. There is a strong argu ment against Jury trials In this. All ques tions of any considerable magnitude are now tried and decided by the judges. Oft entimes there Is more Involved In one equity case decided by the Judges than In all the Jurv cases of the term out to- gether. If Judges In equity can be safely trusted to decide cases Involving ten. fifty or one hundred thousand dollars, why can they not be trusted to decide a claim for damages or title to real or personal prop erty, involving ono hundred, five hundred or five thousand dollars? Workof Probate Court. Take the County Court as a Probato Court- Recently a case has been decided In Multnomah County by the Judge of that court Involving about JtOOO.OW, and furthermore all the nroDertv In a county as one generation passes to,another goes through the. Probate Court, and all the grave questions arising upon this trans- mission of millions of property are decided by Judges. All questions arising In our Admiralty Courts are decided by Judges. These, many of them, are great questions and involve Immense amounts of money. That thero Is no great danger In dispens ing with Jury trials Is evidenced by the fact that In France and Germany, and I believe In all the Continental countries of Europe they have no such thing as a Jury trial. According to my Information the laws of these countries are adminis tered with equal Justice and with more vigor and effect than the laws of this country. I wish to say further that the dlstlnction between law and equity ought to bo abolished. When a man goes Into court and states a case entitling him to relief, he ought to be heard. To make the decision of the case depend upon the name given to it, and not upon Its merits. Is ridiculous. I recall a case decided by our TALENTED CONTRALTO READER. AND MIm Anne Ditchburn. Who Leaves for New York. Soon manza" (Donizetti), which she sang In Ital ian and was warmly encored, her response being a waltz eong. "Merrily I Roam." The trio from "Atllla." sung by Miss Rarwax, Mr. Samuels and Mr. Glnelll. had to be re peated. Mln Grace Gilbert the well-known oop'rano, was the soloist at the -musleale given last week at Vancouver. Wash., by Miss Beatrice, k'h, pame. nun liiiDert'a numbers were: "Sing me a. song of the lad that Is gone" (Homer) i "Rees and Ralh" (Hawley): "Ninon" (Tolitol). and "When Song la Sweet" (San Soud). Frederick W. Goodrich has arranged this programme of organ music for today's serv ices at St David's Protestant Episcopal Church: Morning Prelude. "Allegretto Ora rloso"' (B. Tours); offertory. "Cavatlna In D (J, Raff); postlude. "Jubilant March" (Stalner). Evening Prelude, "The Virgin's Prayer" (Massenet); offertory, "Traumerel" (Schumann); postlude, "Grand Choeur" (Salome). Knbellk. who will tour America this year, for the Mcond time, again come under the direction of Hugo Gorlltz, the "maker of vlr tuosL" Mr. Gorlltz first gave Paderewski his opportunity to prove himself In tho United States. A single hearing ot Kubellk. when the sow renowned artist was a mere youth and the son of an obscure Bohemian-gardener, was enough to convince Mr. Gorlltz that he had found the successor of Ole Bull and Papa nlnl. Musical programme today at the First Con gregational Church, under the direction of Miss Leonora Fisher; Morning Organ pre lude, "Legende" (Hastings); quartet, "Re joice Greatly" (Woodward), and "The Gold en Threshold" (Lohr-Nevln); Postlude. "Al legro Maestoso" (Bonheur). Evening Or gan Prelude. "Evening Rest" (Merkel); quartet. "Light of the World" (Gray): duet "Father All Glorious" (Bailey); Postlude. "March e Herolque" (Schubert). The New Choral and Orchestral Society for thla city came into being Monday last Fred erick W. Goodrich was unanimously elected aa conductor, and as the society Is constituted on businero lines, with buztnets men on Its committee. It la hoped that a bright future is before it. The home of the organization Is. not yet fixed. Further Information can be obtained from Frederick W. Goodrich. KO Belmont street. Phcne East 2393. Madsm Calve, who gives a concert at Buf falo, N. Y., Thanksgiving night, sails for America next month, and during her trane--Atlantic Journey she will occnor a suite on La Touralne which consists ot as. extensive an- apartment as one would Cnd In a hotel In Paris, and far more luxurious In equipment. Her meal will Jbe served by her own chef. Madame Calve, essentially luxurious la her taeteo,ls especially concerned over what she eats and drinks. Consummate artist that she Is, she realizes the Importance of care In nourishing her body and voice. For this eleventh season of the Pittsburg Orchestra, there will be IS sets -of concerts, beginning November 2. Emll Paur will again be the conductor, and the orsheatra will num ber 05, with Lulgl von K units as concert raeUter. The Mason IS expected to be even more soccesaful ,- than Us predecessors, botk financially and artistically. The soloists will ' IpBfcjBlEaC'! Supreme Court The plaintiff In the court below obtained an injunction against the defendant to prevent hl3 trespassing upon p!alnJffs land. The defendant appealed. There was no question In tbe case about the right of the plaintiff or the trespass ing of the defendant, but 'the Supreme Court dismissed the case and adjudged the costs against tho plaintiff, not because his claim was not right and Just but be cause he was on the equity and not the law side of the court This may be the law as It now stands, but as a common sense proposition It Is an absurdity. I wish to say further that I do not "believe In some of the rules of evidence now In vogue, but 1 think that a court of original Jurisdiction should probe a case to the bottom and find out In any way It can. through proceedings In court, of course, what is true and right In a case. Method In Germany. I do not know as I would go as, far as they do In Germany, where they have no rules of evidence In their courts, but I would Uberalizo our rules so that everything might come Into a case that would elucidate its Jus tice. Touchlof the safety of allowing judges instead juries to decide cases. I will say that T have been practicing law . more or icss ior me last w years, anu j have found all the Judges whom I have ' known trustworthy men. Some Judges I have been arraigned for misconduct In j their private, and business affairs, but ; "With a few exceptions In New York City ; ao noi now rccau to mina any case in which a Judge has been Impeached for I bribery or corruption In office. I have I heard of a good many cases In which per- sons have been charged with tampering 1 with a Jury. " More responsibility attaches to Judges than to Jurors. When a Jury Is discharged,- It officially disappears from public view and public notice, but a Judge f Is continuously under the searchlight of the public eye, and one act of mal- feasance In office may ruin him forever. Newspapers aro constantly criticising lawyers for the difficulties and delays In the administration of the law. These criticisms.- In my opinion, are. In a large measure unjust. Let a newspaper editor he sued or indicted for a libel, and it his lawyer does not employ all the weapons the law puts Into his hands for the de fense, he will be charged with Incom petency or unfaithfulness to his client Lawyers have no alternative under exist- hig systems. They must do nil they can ; honorably for their clients, or lose their business. People may talk as they please, : but they will not employ a lawyer who ' W,H not- work In a lawsuit to secure all me advantages wnicn tne law give3 to his client l do not pretend mat tnese views of mine are entirely free from ob jection. All human Institutions arc im perfect but susceptible of Improvement, as experience demonstrates Its advantage or necessity. I am well award1 that what I have said cannot obtain without a change In tho constitution of the state, but a constitution can be changed when the peoplo are convinced that the public welfare requires It I am of the opinion i that too much consideration is given to j antiquated and unnecessary rules and un- important matters In the proceedings of our courts. My basic Idea Is that, con sistently with the ends of Justice, the ad ministration of the law should bo made more expeditious and Inexpensive, with more celerity and certainty In the punish ment of crime." Include Harold Bauer. Mrs. H. H. A. Beach. Rudolf Ganz and Emll Paur, ptanlaui; Emma Eames and Marta Sandal-Bramsen, sopranoe; Aloys Burgstaller and Ben Davles, tenors; Gnlseppl Catnpanaxi. baritone; Muriel Foster and Madame Klrkby-Lunn, contraltos; Jean Gerardy. 'cellist, and Lulgl von Kunlta and Henry Marteau. violinists. When Emma Eames makes her first con cert tour acrofs the country this Fall and early Winter she Is to have, the ue of the largest of the rolling palace cars controlled by the Pullman Company. Henry Wolf sohn. who Is managing the Eames tournee. arranged with the company for the car "Elyslan." whleh Is now out of commission and In the hands of the decorators and up holsterers, under the supervision of severar of Madame Eames most Intlmato friends who are acquainted with the likes and dis likes of the beautiful American singer. The attendants for the car. with the exception of the porter, are to be brought from the Paris home of Madame Eames and will come to this country with her when she sails next month. The car will be put Into com mission Immediately on her arrival In this country, when she is to leave for Mclne. her native state, where her tour will open In Bangor on October 4, after whleh she will travel across the continent, giving one con cert here. "Modern wrttern of lyrics often manifest a crisp, sententious humor In writing lines for comic songs, but when they attempt tho sentimental the result Is a sticky 'goo' that only the melody makes palatable. Of course. Harry B. Smith Isn't of this school." eays Hartley Davta. "As a writer of lyrics there Isn't any one In this country who compares with him. He has turned out thousands ot them, and apparently without the slightest effort. He seems to have a largtMo of ideas that grows when fed upon, and llnew flow from him so easily and no correctly that he will write a song, and a very good one, too,' on a typewriter while a manager watts. Smith has said that In starting to-wrlte a song he never yet has had to. stop and think. I once knew a man who was formerly a 'human plncueh Ion' In a dime museum, and I asked him one day how he did It 'I'll tell you.' he said, lowering hid voice to a confidential whisper; lt'u a gift. Mr. Smith certainly has a gift, and It has made him rich." The DeMoss Lyric Bards and Concert Or chestra, who will assist at today's services at the White Temple, are famous. They have played in every city of the United States and most of the cities of Europe. They were employed at the World's Fairs at Chicago. Omaha and St. Louis, and are sow filling en gagements at the Lewis and Clark Exposi tion. The orchestra is composed ot five artists. Mr. and Mrs. George DeMoss. Mrs. DeMoss Davis, Talmage Davis and Waldo Davis. The DeMoss family are native Ore gonlans, and this organization Is the oldest of its . kind. Thirty-four years ago the original DeMoss quartet began Us concert tours, and two members of that quartet are now with the orchestra. The DeMoss Concert Orchestra will play at the White Temple today at the women's mass meeting at 3 o'clock P. M. Ex-Governor St, John, of Kansas, will speak. At the popular evening service the bards and orchestra will also render four speolal numbers, both Instru mental and vocal. Carl Denton, organist and choirmaster of Trinity Protestant Episcopal Church, at the request of numerous friends and visitors, has decided to Inaugurate a series of short recitals, Sundays, preceding the regular services for the day. This wllf give the pub lic an opportunity of listening to the mag nificent new organ, recently installed, to better advantage than In the regular service. The programmes for today: 11 A. M. serv ice "Andante In A Flat" (W. S. Hoyte): "Berceuse In D Flat" (Dennel); "Largo" from "Xerxes" (Handel): "March In B Flat" (Duncan). 7:30 P. M. service "Fes tival Fantasle" (Tschlrch); "Andante Re llgloso" (Thome); "Postlude In B Flat" (West). No other church In Portland except Trinity has such an enviable chance to be come, musically speaking, the premier church of 'the Pacific Northwest, with Its $10,000 pipe organ, and choir work, backed by a musical constituency. The little choir boys are all very well In their place which is In processionals, "to look sweet in the chancel, and help In hymns and chorus work but the leads In chorus work ought to be given to women soprano and contralto voices. These young women can sit In the chancel without Joining In the processions, and can render most valuable help to the cause of making Trinity known as a great music church. The choir ought to have six women voices, or more. Little boys cannot be depended on to read' at sight take leads, end sing with requisite strength and expres sion. Walt until they grow older. The New York Times, newspaper Is pub llihlng,.what Is meant to be & funny supple ment every Saturday, and several musicians are being noticed. A recent write-up en titled "A Society Event," concerning Heln rich Conrled, manager of the New York Metropolitan Opera-House. read: "Wednes day eve the beautiful domicile of our well known muslcteacher. Professor H. Conrled. was the nucleus" for & gathering the like of which, both in social and other prominence has seldom been surpassed and never equaled. It was the professor's natal day. he having clicked off half a century, or In a word. It being bis 50th birthday. Our best people were among those present and music with Its dulcette strains, was discoursed un til a late hcur. Among the selections played Varicocele and Hydrocele Cured "Without .the Use of the Knife . or Caustics by Our Simple Combined Treatment, Internal Medicines and External Applications. JbsSbsssssssssEbh .IsISqbSbsssssssIHK? Plain Talk to Men There are thousands of men in the Northwest who would come In and "see t?s if they were sure that they could get a cure. They, however, have tried so many different remedies without effect that they have become skeptical. We have been telling you for the past 13 years In the Portland papers that If you" arc doubtful of our ability you can deposit the price of a cure in the banks, to be returned to you If we were unable to effect a cure. By this method we have reached thousands. Once In a long whllo we are unable to cure, and then return the fee. as per letter below. - . Spokane. January 30, 05. Received of Dr. W. Norton Davis & Co. one deposit check, value $53. bolnfr placed In the hands of the company for a cure. E. R, VAN LEUVEN. Then again, sone men are so grateful to us for having- removed their disease that they allow us to publish their names, so that others who have tho same trouble may get relief. Understand, However, That This Is Only Done by Your Own Permission. Although we have cured men In every town and village In "Washing ton. Idaho, Montana. Oregon and British Columbia, still we are unable to uso their recommendations, as that would betray confidence. SPOKANE, Wash.. March 20. 1905. This, certifies that the Norton Davis Medical Company cured me of my varicocele In three Jays time, all pain and discomfort ceasing during the .first 24 hours. All the treatment I had was medical, no operation of any kind. (Address. Spokane at present.) J. SHERMAN. "We cure varicocele by a very simple method of our own which we have been prescribing for the past 15 years, and can refer you to hun dreds of men we have cured by our method, by which means the pain of tho varicocele Is taken away almost immediately. We do no cutting ope ration, use no urethral crayons for varicocele nor worthless electric belts or suspensories, iior do we bum with caustic. YOU CAN PAY WHEN CURED. If you wish you can deposit the price of a cure in any bank In Port land, said amount to be handed over to us when you are cured. Or-you may pay us by weekly or monthly installments If you prefer. Delay Is Dangerous Where Your Health Is Concerned. A personal Intervlewls desired, but If you can not call, write us, giv ing your symptoms In full. Our home treatment Is successful, even In complicated cases. Strictest confidence observed. Plain envelopes used in all correspondence. Valuable book for men sent free, sealed. We Guarantee a Cure in Every Case We Undertake or Charge No Fee. Tho leading specialists In the Northwest. Established In Portland In 1SS9, Office hours 9 to 5 and 7 to 8; Sundays and holidays, 10 to 12. Dr. W. Norton Davis & Co. Offices In Van Noy Hotel, 52 Third Street, Corner Pine, Portland, Or. were The Ride of the Valkyries' and Tam many.' The young people tried to two-step to the former, but could not keep time. A delicate collation was served at 10 and all departed voting the professor a hst In him self and, a royal gentleman and may he have many more such celebrations." Fifty Piano Compositions, by Robert Schu mann. Paper. $1.50, and In cloth, gilt. $2.50. (Oliver Dluon Co.. Boston. Mass.) This val uable book, which should be In all musicians' llbrarif a. la edited by Xaver Scharwenka, and the literary work has been most admirably done, while every page shows a profound knowledge of music and proof that the labor has been one of love. Schumann was one ot the most gifted yet unfortunate poet-musicians in history. Born June 8. 1310. he gave up the best yeans of his life to writing creations that will always live and make people better for having heard them, but he was afterward stricken with madness and died In a mad house at Endenlch-on-the-Bonn. July 20. 1836. These wonderful melodies now presented In this volume of 1SS pages show a sensitive, plant-like sentiment, sprightly humor, har . 'JJli I Hi jjo failure. 0l5cy-.0VHSoly c.uf with night bahlulss,ar.loa to -g1 YOU FOIl BUSINESS. .OH, MAIviau MAi1'onrtSfr?K-iv DISEASES, Syphilis. Gonorrhoea, painful, bloody urine fMe?t s?rietu?o Enlarged Prostate Sexual Debility. Varicocele, tfydrocefe, Kld ney nSdrl!dveer S?ouBE? cured without MERCURY OK O THE It WOSOM1NQ DUS?SVSflS"shmethor0seUaret ffpSSfud scientific. He uses no patent nos truSs or ready-made preparations, but cures the disease by thorough medical hmant Hli Now Pamphlet on private Diseases sent free to all men who rfescribe thelr trouble. PATIENTS cured at home. Terms reasonable All letters SSswerod In plain envelope. Consultation free and sacredly conndentlaL Call on or address DR. WALKER, 181 First Street, Corner YamhUJ, Portland, Or 4 Entrance No. 1621 First Street Our spacious and handsome new offices will occupy the entire sec ond floor, which we have leased for a term of years. "We were com pelled to move from our old stand, owing- to lack of office room and a large Increase lij our business. YVoaderlHl aad Marvelous Cures without the aid of the kalfej with out the use of poixom or druirs. OUrt REMEDIES are harmless, composed of choice Oriental roots, herbs, buds, barks and vegetables, especially prepared and Imported di rect by us from China. We have on flle at our offices hundreds of tes timonials from well-known people, residents of our city and state that our remedies have cured to stay cured. WHY DO YOU SUFFER WHEN YOU CAN BE CURED? 1 Call and consult the well-known Dr. C. Geo Wo. He will be honest with you. CONSULTATION FREE. Patients out of the city write for blanks, book and circular- Inclose 4- 2 cent stamp. Address . The C. Gee Wo Chinese Medicine Company 12S FIHST STREET, PORTLAND, OREGON. - J , Please mention this paser. monies always rich yet for his time daring, a new piano style, and music of spirit, splen dor, and etature. All the old. loved favorites are given, the wonderful emotional "Trum erel," "Nachtstpke," Arabeaks. album leaves, etc. Creditable care and good taste have been shown In the editing and selection of material. The printing and paper are all that can be desired. The spell of Schumann U over all. The music day celebration at the Exposi tion has been unavoidably altered to Mon day. October 0. A splendid programme is being arranged. Muslcales will be -gtven In nearly alt the state buildings, and In th evening before the great contfert In the Auditorium, exercises will be held. Invita tions to all musicians in the city and state will be Issued by the Exposition manage ment. That will be a big contract. Differ ent Oregon cities ought to be represented on the programme, and If possible a number of musicians who are not so well known as others, ought to participate. Vocal and In strumental tastes ought also to be consid ered. The occasion ought to be known as Oregon's music day. Twenty Years of Success In the treatment of chronic diseases, such as liver, kidney and stomach disorders, constipation, diarrhoea, dropsical swellings. Brlght's disease, etc. Kidney and Urinary Complaints, painful, difficult, to frequent, milky of bloody urine, unnatural discharges speedily cured. Diseases of the Rectum Such as piles, nstula. Assure, ulceration, mucous and bloody discbarges, cured without the knife, pain or confinement. Diseases of Men nlood poison, gleet, biricturc. unnatural losses. 1m- Cure guaranteed. emiaslonT dreams, exhaustln drains. aei,rlVtt you o our fr,i, hv lost thM, C. GEE WO THE GREAT CHINESE DOCTOR ; Formerly located at 353 Alder Street, Corner Third, for the past five years HAS MOVED j To the Inrsre brick building: at southeast corner of First and Morrlaoa streets.