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.