The Sunday Oregonian., January 21, 1906, PART THREE, Page 32, Image 32

33
tTHE ST7XDAT OREGONIAX, PORTLAND, JANUARY 21, 1906.
urn Mi WILL
FORM EXCHANGE
Hope to Better Conditions in
This City in the Way
' of Business.
SIMPLER ABSTRACT MODES
Local Broker Commends the AVay
Titles Are Passed Upon in Los
Angeles and Suggests
Adoption Here.
Portland real estate dealers are taking
steps to place their business upon a more
uniform basis, by the establishment of an
exchange in the membership of which it
Is hoped to include all of the realty men
of the city. So far. only a preliminary
organization lias been formed, but a con
stitution is being drawn up and officers
will be elected as soon- as It is com
pleted. The movement was' started by the Board
of Trade, which is acting as an independ
ent medium in bringing all of the dealers
together. Several meetings have been held
and the matter of completing details for
the work of the exchange is In the hands
of a committee consisting of J. Thorburn
Ttoss, W. II. Fear, Joseph Buchtcl, C. IC
Henry and X. W. Ttouittree. Wallis Nash
has been clecte chairman of the body.
Portland Falls In Line.
Portland is one of a very few large
cities which arc without some recognized
organization among the men who deal in
real property. Not only are exchanges
of this character common in the Bast, but
they exist in San Francisco. Los Angeles.
Seattle, TacOma and Spokane. The com
mittee which is preparing the constitution
for the local exchange is corresponding
with these bodies, and intends to incorpor
ate the best features from each in its own
regulations.
The purposes of the exchange, as ex
pressed in the preamble, which has been
prepared, are to "promote and elevate the
profession: establish uniform contracts
and brokerage; and fix relations between
owners, purchasers and agents." "The ex
change will endeavor to keep out all so
called "curbstone" brokers and Include In
its membership only legitimate dealers. It
is said that there has been much variation
In the commissions charged by Portland
dealers. This the new organization pro
poses to eliminate by establishing a uni- .
form schedule of rates.
Will Maintain Headquarters.
The exchange will maintain a head
quarters and give to people who desiro to
sell the privilege of listing their property
-with the organization where it may be
bandied by any member. Many of the
largest dealers In the city have associat
ed themselves with the movement and
express the opinion that it will tend to
do away with many undesirable features
and toe mutually advantageous to both
dealers and the public.
In connection with 'the general better
ment of the realty business in Port
land it Is Interesting to notice a
suggestion made by .everal local
dealers; namely, the simplifying of the
method of transferring titles of prop
erty. C. K. Henry, who has just
returned from Los Angeles. Is enthusias
tic over the methods of furnishing ab
stract of title employed in that city. "In
Los- Angeles." said he, "when a purchaser
wishes to investigate the title to a piece
of property he applies to a company
whicli makes a business of furnishing
short certificates of title. If the title to
the property Js'good the company simply
-says so, assuming the rcr-ponsibilltv for
its Ptatement. If the title is defective, it
points out briefly and clearly wherein
the defect lies. In Portland it Is custom
ary to procure a long history of the prop
erty, called an abstract, which is very
complicated and which cannot be under
stood by the average person without sub
mitting It to a lawyer and getting his
opinion on the title as shown by the
abstract.
Los Angeles Method Superior.
"Now It Is very evident that the method
employed in Los Angeles, which is also
employed in other large cities, is much
more simple and a. great timcsaver. It
expedites business, whereas the system in
Pprtland tends to retard it. In addition
to this the new method Is just as safe
and costs less. I have paid as much as
5100 for a single abstract in Portland,
while In Los Angeles certificates of title
re furnished at a charge of from $5 to
510. In my opinion Portland is far behind
other cities in this particular and for the
benefit of business It oughtto take steps
towards adopting the other system."
Tho.e who think that prices are be
coming excessive in Portland would " do
well to compare them with those of other
Pacific Coast cities. It is well-known
that prices at which business property is
selling in Los Angeles, for instance, are
four or five times as high as prices for
rorresponding property in Portland. Lewis
Russell, of the firm of "Russell & Blyth
who is now in Los Angeles, has written
to his partner in this city, calling atten
tion to prices there and predicting that
values in Portland arc to rise above their
present figure. Business property In that
city Is commanding 55000 to 5SO00 a front
foot, and office rents are excessive. Theso
conditipns prevail. Mr. Russell asserts,
although the country around Los Angeles
has not morn than one-fifth the produc
tive power of the territory tributary to
Portland.
Getting, Ideas for Skyscrapers.
Mr. Russell is Inspecting buildings in
the California cities in order to gather
suggestions for the skyscraper whloh
Russell & Blyth are to erect on their lot
at Sixth and Stark streets. Upon his re
turn. Mr. Blyth will make a vlH in v
Eastern cities, after which they expect
io commence tne wont or construction.
The general advance in "Washington
street property wag again shown by the
sale of the three-story brick between
Sixteenth and Seventeenth street to finin.
mon Garde, an Oregon City merchant, for
$24,000. Hector Morrison, who
building, bought it a few months ago for
jjst.wu, ana tne man who sold It to him
paid $16,000 for it In ADrll. - E. J. DrIv
who made this sale, also sold a lot at
the northwest corner of Grand avenue
and East Stark to Joseph Hcaly for 52500.
Continuance of Activity.
There was a continuation of the activ
ity in the residence district on both sides
of the river. An attractive sito In Dosch
er's addition, consisting of seven lots, was
bought by Mary M. Gillette for 56500,
Grlndstaff & Schalk made the deal. S. L.
Johnson purchased a residence site upon
Portland Heights from the Canadian
American Mortgage Company for 54000.
where she will build a handsome home.
Wakefield & Fries were the agents-. Other
sales of reei&citce property were nuraer-
G. A. Vohr sold to Turner & Estes his
fiats at the thest corner f Park and
, Mffarsoa streets for TJe &r9erU'
ST. JAMES ENGLISH LUTHERAN CHURCH. AT WEST PARK AND JEFFERSON STREETS. WILL BE ENLARGED AND REMODELED.
rians have lecn completed by the members of the St- James English Lutheran Church of Portland to make extensive Improvements In their house of worship at West Park and Jefferson streets. The'
congregation hs been arrowing until the present church Is no longer adequate fully to meet the needs of the organization ami the changes have been under consideration for tome time. ' "
When remodeled ,the edifice will be very attracts c In appearance and will have a seating capacity of about SOO. Convenient Sunday school rooms will be so arranged that they may be opened into the
main audltoriun when needed. The addition to the present building and the remodeling will cost between $15,000 and 520.000. The plans have been prepared by C. Chappelte Brown. Several thousand dollars
have already been subscribed by friends of the church and the remainder will be raised among members o the congregation. Rev. J. A. Leas, the pastor. Is confident that there will be little trouble In com
pleting the fund. lie confidently expects that everything will be In readiness for work to begin at an early date.
fronts 100 feet on Park and DO on Jeffer
son.
transfers.
January 33 5 6S.3SS
January 16. ( 31256
January 31.655
January IS r5.&5
January 19 77.163
January 20 33.44
Total 5205,413
Building Permits.
January 15 5 6.100
January jt z,vm
January 17 15.100
Jauuarv IS 11.079
January 1? 6.900
January 20 24.200
Total 5 S9.729
3Iodcl Home for WorkmVn.
CHICAGO. Jan. 20 A model town.
which will be built by the Illinois Steel
Company in connection with its new
plant, to be constructed near Buffington,
Ind., will be named Corey. In honor of
W. Ellis Corey, president of the United
States Steel Corporation, the parent con
cern. The town is to be built on the lines
of the most advanced and scientific Ideas
of municipal reform. It will contain, be
sides model workmen's dwellings, public
baths, laundries, kitchens and other mu
nicipal enterprises, and will have a thea
ter and a large assembly hall Tor meet
ings of every description. The new plant
will cost ultimately 520.000,000 to 530.0CO.O00.
and will require ten years for Its building.
There will be 27 blast furnaces and 50
open hearth furnaces, making it the larg
est steel plant in the world. More than
12,000 men will be employed In the planL
RESIDENCE OF WILLIAM WINTERS.
TtVENTV-rilfST AND
....
I KE8IOENCE OP W. K. GRBNFKLL. XT. TAOK. J
,,, '., t
Career of Charles Byron Bellinger
Tribute Paid to His Memory by C. E. S. Wood Before
The American Patriotic Club
CE. S. WOOD, In a briiliant ad
dress before the 'American Pa-
triotic Club recently, paid the
following- tribute to the memory of the
late Judge Bellinger, who was the
first president of the club:
Members of the American Patriotic Club:
I have had the high honor paid me of being
asked to deliver an address before you thto
evening In memory of your former president.
Judge Bellinger. I accepted this honor very
gladly, for I felt It would be pleasant to
speak of one to whom I was greatly attached
and whom we all admire. Rut the further
1 entered upon this duty, the more 1 felt bow
Inadequate I was to the task. I Mt that it
would have been better If one of hio old-time
friends who had known him from his youth
could have spoken, or one who was really a
close and confidential Intimate, and at this
moment I feel more keenly than ever that
though It would have, been a difficult task for
any one to have done full Justice to Judee
Bellinger's vigorous and many-sided char
acter, the result of my own efforts In ex
tremely disappointing to myself. He was a
lovable man, and I think no one who knew
him could attempt to portray him and not
feel how Inadequate are. words to present the
man.
Ills Varied Career.
Charles Byron Bellinger was bom In Ma
quon. 111.. November 21. IKK). His crand-
HAWTHORNE AVENUE, BETWEEN
TWENTY-SECOND.
father and father crorsed the plains to the
Willamette Valley. Oregon, when he was but
eight years old. In the Willamette Valley,
near Salem, he was bred as a farmer's boy
and was educated at the "Willamette Univer
sity, lie assumed the cares and responsibili
ties of married life when but 20 years of age.
having married Margery Johnson In 150. the
wire who now survives him. He studied law
with Judge Bon ham at Salem, was elected to
the .State Legislature, as a Democrat. In lStS.
was for a time a partner In a country store
and the editor of a country newf-paper and in
1S70 entered upon the practice of the law In
Portland and edited a newspaper called The
Dally Kvcnlng News, of which James Gleason.
the brilliant attorney of this city, was the
carrier, at 12.50 a week, which he says he
got whenever they had the money and when
they didn't he waited. He clerk of the
Supreme Court or the State of Oregon and
reporter or the decisions of that court from
1S74 to 1S7S and was then appointed by Gov
ernor Thayer, Circuit Judge for the fourth
Judicial District, which Included the City of
Tortland. He failed of election to this same
office, as a Democrat, and mtumcd practice
as a partner of John M. Gearln. now our
Democratic Senator. Later. Judge Bellinger
was Invited Into the firm of Dolph. Maltory
& 5itnon. the firm becoming. Dolph. Bellinger.
Mallory & Simon, and be continued In this
association until, on the death of Judge Mat
thew P. Deady. he wac appointed United
Suites District Judge April, 1803, by 'Grovcr
Cleveland.
TWO MODERN
HOMES JUST
COMPLETED IN .
PORTLAND
The two very striking residences
shown in the illustration have just
reached completion. The house ot
William (Billy) "Winters is located
at the southeast corner of Twenty
first street and Hawthorne avenue,
in the part of the city known as
Colonial Heights. It was erected
at a cost of between JTC03 and SG.
and is handsomely finished. One of
the features of the interior is the
elaborate hand-painted work of tho
ceilings. The house Is situated on
a tract covering; more than half a
block. T. J. Jones was the archi
tect, and W. B. Steele the con
tractor. The residence of TV". IT. Grcnfcll
is at the end of Francis avenue, in
Mount Tabor. It is one of the most
handsome homes in this part of the
olty. The plans for it were drawn
by W. R. Stokes.
... . .
He. in effect, during his entire term, per
formed all the duties of both the Circuit and
District Courts and was -vveral times sent
for to try Important cases in San Francisco
and In other circuits.
He dled-arter a lingering Ulnestt May 12.
1905.
I have" noticed that the collectors of bio
graphical data attach very little Importance
to who a man's mother was. The father Is
supposed to have Imparted all the valuable
qualities' of his offspring, and the mother
seems regarded as a necessary evil. I am
Inclined to believe that rvrientlflcally and so
cially the exact reverse Is the case, but I can
only find that Judge Belllnzers mother was
Eliza Howard, of Massachusetts. Thus, he
was of New Tork Dutch ancestry by the
father's side and New England English an
cestry by the mother's. Such are the dry.
encyclopedic facts which mark his life facts
which seem priceless to every maker of bio
graphy, but which to me seem worthless.
For what does It matter where a man Is born,
or where he dies? Either may happen on the
high seas, or In darkest Africa, and he may
leave the place of hln nativity as Judge Bel
linger did before bis native environment has
made any p impression upon him. And yet
such Is our reverence for the beginning and
end of things, that we continue to eek out
as Impoitant, where a man was born and when
he died. Nine cltfes contended for the honor
of being Homer'n birthplace, and It Is not
known, hut Homer remains the same. All
Christendom has knelt before the manger of
Bethlehem where Christ was not bom and
wau not cradled. Birth " and death arc. of
themselves, not Important. What Is Import
ant Is what manner of man was he. And I
shaU endeavor tonight to pay my poor trib
ute to one of the most brilliant Judges and one
of the most human and humane men we have
ever bad among us.
First, gentlemen of this patriotic club. let
me tell you what sort of a patriot I think
he wai. He was never the emotional Toiiowcr
of a blind superstition of anyort. In.polltlcs.
religion or society. All hls thought j wire
sane and his acts were goyem-d, by Intellect.
His was not the patriotism of a oeml-savage
and thick-skulled sort, which makes a fetish
of a nag or of a word, but he looked at the
Inner spirit of thing. To hint the mere flag
was cloth, and what made it-a holy emblem
to be conjured with van what it stood for. It
the flag was a symbol Tor a living rlghteou!
nes, then, as such symbol. It wait to te i ailed
with enthusiasm, but If wrong and lnjusucu
stood back, of that flag, the flag, to Jur.
Bclllnztr. becaire mens Imn'ni:,. which could
not turn wrong Into right.
In the time of our recent Colonial expan
sion. Judge Bellinger was an expansionist. He
regretted for many reason the breaking away
from our old traditions, but Justified It as an
inevitable neceralty; yet while he thus ap
proved the policy, he continually deplored the
cheap ehouls of "traitor" so recklessly hurled
against men who were speaking according to
their consciences and within their constitu
tional rightA He believed that if our colo
nies were American soil for one purpose, they
must be American soli for all purposes, and
that the Constitution and a freedom oftrade
with the United Stales ehould follow the flag.
He had a quick sympathy for all unfortunates
and a hatred for all oppression, henco. though
he was an cxpanalonlst. I have seen his eyes
blaze, upon an account of some water cures,
and other cures, applied to Filipino children.
For though he always did his full duty to
wards the rights or property, he was rar more
sensitive to the rights or man. and he nut
theec personal right far above any rights of
property; a thing which has never been done
In the world's history by the controlling
thought of the world, and Is not now done,
for, preach aa we may, thA practice still Is
that the most sacred rights are property
rights. With him It was otherwbw and he
was Indignant always at any trespass upon
the rights of any man of any color, any creed
or any condition.
He felt that right was greater even than
country and. like Garrison, he felt and acted.
"My country Is the world. My countrymen
are all mankind." In abort, gentlemen of the
American Patriotic Club, the patriotism of
your departed chief, as- I witnessed It, was
that high, noble and intellectual patriotism
which has for Its motto these words: "Jus
tice before patriotism, and patriotism only
for rlghteousnesa."
I say, happy Is the land who has such a
citizen and such a Judge.
As a Judge.
I have heard it said, though not bltttrlv.
that Judge Bellinger did not have the Ju
dicial temperament. In one sense this Is true.
He had not that perfect patience which In a
Judge Is so comforting to those who ar be
fore him. Judge Bellinger was by nature an
advocate: ardent, quick, versatile, powerful.
His mind was like a flashlight. Ha compre
hended a situation InsVintly and seemed to
proceed to tne end by Intuition, rather than
by slow steps. He had bad wonderful ex
perience also. as. storekeeper. Journalist, legis
lator, clerk of the court and nlat pries judge.
This combination of acute Intellect and wide
experience kept him, as a rule. In advance or
the slow elaborations of counsel and his ner
vous disposition made blm Impatient to end
matfers and he sought by some laterruptlon
or expression -of his conclusion, to cut nhort
the arrument which seemed to blm unneces
sary and which wearied him.
In like manner, he often became Impatient
with the way counsel was putting In the evi
dence fn his case, or suspicious that It was
some deliberate attempt to gain time and
obscure the records; and he would break in
with some Interruption, reproof pr ruling,
like a shot from a cun. These exhibitions
of his Impatience made counsel timid about
proceeding with the programme which had
been elaborated, and upset the continuity of
thought and of argument. Sometimes, though
very rarely, the hasty conclusion. Jumped at
In the begin nlnr proved to be lll-fouaded
and erroneous before the case was concluded,
but this constitutional Impatience, aad
sometimes irritability, brasght Its own re
lief, because as soon as Judge Bellinger had.
exhibited It aad saw that counsel before him
was dtscoaraged, his aataral kindness
brought on ructr a flood et remorse as forced
him by way of rep ratios to cn&ttre every
thing a.Hd to sit through te the end without
a sttrnur, taotirli rs rally. Is scfc in
- - -
! I
stances, he was the silent picture of suffer
ing despair.
It was said by some members of his bar
that the best luck a man could have was to
be hurried up or rebuked by Judge Bellinger
early In the case, for the Judicial remorse
was worth more than the rebuke.
Judicial Mind or Highest Order.
But this defect In judicial temperament
was not In any essential thing. " It only
aftected those of us who like to empty upon
a Judge every book and every bucket we
have prepared. It did not affect the ad
ministration of Justice, for IC crystal clear
ness or mind, perfect sanity, round common
sense, hatred of oppression and Injustice, ab
solute Impartiality and fearless moral cour
age be the true attributes of a Judge as I
think they are then Judge Bellinger, be
yond any question, had a Judicial mind and
a Judicial temperament of the very highest
order.
Learning does not make a Judge. Bril
liancy docs not make a Judge. No man ever
has been, or ever will be, great, as a Judge,
who has not that capacity to see things In
their Just and relative proportion", which ca
pacity we call common sense, and. above all,
who has not deep, human sympathy. Learn
ing belongs to its day and time. The law
changes as the times change, but humanity
In Its essence never changes, and the key
to humanity Is common sense and human
sympathy. The Inhuman Jeffries was a bril
liant and learned Judge. He was the mere
Instrument of his times and has left In his
tory only a. name for execration, because he
lacked the vitalizing quality of human sym
pathy. Judge Bellinger was common sense Itself
and his whole being was bound in the great
bond of pity. Jt affected his Judicial con
duct, and wherever the scale could be made
to drop toward pity, he made It so to drop,
as well It ought, for pity ts but one expres
sion or Justice itself.
There are many cases which might b
cited to show his Jealousy for personal rights,
his hatred of tyranny and his human sym
pathy. It cropped out In very many of the
selling liquor to Indian cases, which cases
were conspiracies between the Indians them
selves and the Deputy Marshals up the coun
try, to trap some wretched hobo into giving
liquor to an Indian. In order .that mileage
and witness fees might be earned for every
body "but the hobo, who was sent to Jail. It
cropped out In many of the Chinese cases.
Tor If there waft anything Judge Bellinger
ko loathed, it was the blackmailing of help
less victims by parasites In authority. It
cropped out In personal Injury cases and In
many equity cases for without, pity and
sympathy, no man can be a great chancellor.
In fact, tq cite the cases Illustrating the
human quality In Judge Bellinger would be
to cite his whole career.
The Case of Louise Lea.
I will, however, allude to the case of
Louise Lea. who came to this country as a
laundress of laces and fine fabrics, but who,
for some reason known only to themselves,
was. by the virtuous and vigilant United
States Immigration Commissioners at Port
land, deemed 'to be a French prostitute. If
she was a prostitute, the evidence Indicated
that she was not so until, having been
brought to this country under false pre
tenses, her necessities drove her to It. How
ever. Judge Bellinger was of that class ot
Christians who bellev that even prostitutes
are human and have some human rights. The
case is reported at pages 231 and 234 of the
126th Federal Reporter, and there Judge
Bellinger states the case himself, saying that
this woman was taken by a man named
Lavln and another man, by force, without
warrant, under a pretended arrest, and
placed In the Home of the Good Shepherd
with Instructions to allow no one to see her.
not even her attorney. These allegations
were not denied in the writ, but It was
alleged that George Bruce Cortclyou. as Sec
retary of Commerce and Labor, being satis
fied that the woman was a French provtltuta
when Hhe landed, had ordered her to be de
ported, and that that was the end of the
matter. Judge 'Bellinger continues: "In the
present case the petitioner was arrested by
an officer whose residence Is in Seattle and
whose word was his warrant. Immediately
on th arrest she was required to take an
oath and testify .against herself. Ignorant of
her rights If persons arrested for deporta
tion can be said to have rights. With little
knowledge of the English language, without
opportunity to seek the advice of friends or
secure an attorney, she was hurried to the
Home of the Good Shepherd, where she was
closely guarded, with Injunction to her keep
ers not to let her see or communicate with
anyone. In the meantime the officers mak
ing the arrest forwarded to the Commissioner!
of Immigration a report. The accused has
not seen that report. The proceeding was
ex parte, summary and presumably secret.
There Is no presumption against the good
faith tit the officers who conducted these
proceedings. The methods employed, Jiow
ver. leave the person attacked at the mercy
of the Inspector, who Is accuser, arresting
officer, prosecutor. Judge and jailor By
this method a citizen might be arrested,
summarily committed and kept a close pris
oner while the warrant for Tils deportation Is
being procured. He has no opportunity to
appeal, or to petition the court for a writ of
habeas corpus. Tbev exercise of this author
ity may not be restricted to aliens. It ap
plies to any person that the Inspector de
cides Is an alien." And the court held, on
demurrer to the petition. "That under the
law all this arbitrary authority existed In
the political department of the Government,
and that under the authorities this arbitrary
power could be delegated to anyone, and that
the Secretary of the Treasury could exercise
the authority by merely approving what an
other had done." and Judge Bellinger said
that, compelled to obey the law, he sus
tained the demurrer to the petition, but
with great reluctance. The case then went
to trial on aa answer to the return to the
writ and a state of facts was disclosed of
browbeating. Intimidation, solitary confine
ment, swearing on the crucifix, such as led
the .Interpreter to say it was a hard pro
ceeding. Ke had read of such things as
having occurred In the Middle Ages! Judg
Bellinger seized hold of the theory that the
question of fact, whether the woman had
landed In this country after the passage ot
the aet or before It, was a Jurisdictional fact
which the court might determine, and he sus
tained the petition and discharged the woman.
When counsel for this great country, so In
terested to .keep Its cltlaena pure from- the
Invasion of Fresvch prostitutes, arzued to
Jwdzo BelllBger that the act itself expreenly
jHtt the decMen ot every question Into the
bando of the Secretary of the Treasury and
his despotic mtoCstera, Judge Belliacer. whose
bleed wtur thwifnff wKh thte exhibition in this
ee-Mttry ot Batlle methods, said, with that
imprtem! energy sa characteristic ot him
whta he, was roiMd. "That will aot be the
law In this court while I am on the bench."
He obeyed the law up to the limit, because
he was the minister of the law. but he seized
the first sound reasoning for rebuking an
outrage against which his blood boiled In
Indignation. So. In the opium-smuggling
cases, though friends, of his friends were
among the defendants, and though his re
cent partners were among the leading coun
sel for the defense, he held, the scales of
Justice in absolutely even balance, and from
the beginning of his Judicial career until Its
close. I think no- man. even for an Instant
and even In his own breast, ever suspected
Judge Bellinger of being swayed by cither
interest, bias or affection.
He died a pcor man.
Wiser as Judge Than Lawyer.
One of the owners of a certain Oregon land
grant which Judge Bellinger at one time had
represented, spoke bitterly of the Judge's de
cision against them, saying that they had ra
iled upon the Judge's opinion when their
coucoel and that his present decision was tho
exact contrary of his opinion and he seemed
to feel that the Judge, as a Judge, shouiil
have stood by his opinion. Judge Bellinger, m
commenting on the matter, smiled and aiu:
"He Is mistaken as to what my opinion was.
but he ought to be glad that as a Judse I
am wiser than as a la-rrer."
He had no petty pride of personal opinion
and several times reverd himself. In speak
ing about being reversed by the higher courts,
which did not often happen, he said that lie
had no hurt 'feelings whatever: that ail
-Judges were endeavoring to arrive at law and
Justice, and when he had decided a case, he
felt he had done his part to the beat of hU
ability, as one or the wheels In the machinery
or Jus'.lce and as an Individual he was nut
interested. Though he added, with that fa
miliar twinkle In hk-. eye. "I am grieved to
note the frtupldlty ot the court of appeals."
His humor was perennial, bubbling, spark
ling. It was spontaneous and so much a
part of himself that in all proper cases he
gave it expression from the bench, so that
a trjal before him was pretty sure to be re
lieved of 'ullnes at some time In the tco
ceedlnr. But If he thought his humor would
seem Inanprvprfate to the case or would hurt
any one3 feelings. It was suppressed.
As I have said of the flag, so I may say of
the Judicial rcbes: Judge Bellinger had no
liking for the things savoring of superstition.
As a man and aa a Judge, never foixetful of
true dignity, he never had any respect what
ever for the afrectatlon of Judicial solemnity.
To him the dignified and solemn part of a
court was that It was the arbiter ot Justice
between man and man; not the clothes worn
by the judge though at one time, when he
was wearing a little silk skull cap. he re
marked that his views of the Judicial wig had
'undergone a change.
Apt In Game of Repartee.
Counsel who attempted the game of repartee
with Him, which he welcomed If It wa done
fittingly, usually found that they had made a
mistake. In an equity' case involving the
question of laches and estoppel, counsel said
rather earnestly. "Let tljem show us those
things we have done which we ought not to
have done or left undone which we oucht to
have done." and Judge Bellinger, leaning for
ward with renewed Interest said, with a look
of surprise. "Mr. . may I ask where
you found that quotation?" to which couture!
replied. "Excuse me. your Honor, for quoting
to the court an authority with which It Is not
familiar That Is from the book of common
prayer." The Judge sank hack instantlv.
saying In rather a disappointed tone. "Oh.
yes, I knew that, but I asked you where you
found It." But though his court, like the man
himself, was sane, sensible and free from
affectations and very human, yet he would
tolerate nothing which he suspected wan in
tended as Insincerity toward the court or
trifling with the court, or as covert disrespect.
If he suspected the sincerity 'of counsel or
witness, he would hover over him like a hawk
until his mind was satisfied. And It cither
counsel or witness was ever convicted of In
sincerity he never forgot It. Humorous as he
was. and kindly as he was. he wn.i quick to
take offense where he thought he was Justi
fied. A counsel one day. by way ot illustra
tion, said. "Suppose your Honor was to steal
a horse;" "Mr. ." said Judge Bellinger.
quickly and crisply Interrupting, "we will not
make that supposition In this coui;t." "I
beg your honor's pardon." said counsel, "sup
pose I steal a horse." "Very well." aald th
Judge. "I am quite willing. to proceed on that
hypothesis."
In an equity case involving the distrlbu-
ftlon of profits and control or a corporation.
the stock of which was divided exactly half
and hair between the two parties contcnulng.
whom we will call A and B. counsel for the
party who was In control and who It was
suspected had ror many years been absorbing
most ot the profits, said that "Mr. A. would
like to leave this work or his liretlme to hla
children." Judge Bellinger Interrupted, say
ing. "I can just fancy the possibility of Mr.
B. atoa liking to leave something to his chil
dren, which, as the case Is at prent dis
closed, seems very Improbable."
Gave Time and Money Cheerfully.
Judge Bellinger never had much money to
giye'ibut he 'gve freely what he could, and
he gave his time" cheerfully and energetically
to those- needing help and who had no money
to pay for It, and It la one or the flneat traltJ
ot his character that he would devote a
greater energy and more time to the cause or
some wretched and trlendle old woman than
he would to the cau?e of a wealthy corpora
tion, probablv because of that Instinct within
him, of which I have spokeir so much, which
taught him that personal rights are more sa
cred than property rights and that human
sympathy Is greater than money.
Another trait In Judge Bellinger's chara- -ter
to which I have alluded, but which I ue
idre again to emphasize, was- a wlp Irrever
ence. That Is to say, he thought nothing wan
too sacred for Inquiry. While admitting the
limitations of human reason he was not willing
to be shut out by the plea of raith or nib
tom from making Inquiry within the IlniUi
of reaoon. He felt that whatever a man could
question he had a right to question,
and as long a he had a doubf ho had
a right to keep probing at that doubt with
reason, and one of tho minor Indications of
this Intellectual sanity, though perhaps not o
minor after all. was his missionary work In
the field of cremation. To him the dead body
was a dead body. All that love and admira
tion which had followed the living must still
follow the living. bit only the memory could
be alive; not the grinning and festering lma-:e
of mortality. Only In the soul could the dead be
kept living; not by contemplation or the shell
which had been cast aside to be obliterated
He said that he believed In cremation, not
only ror sanitary reasons, but because It would
tend to break up customs which entailed a
toollsh extravagance and a tawdry display, and
a autck and clean destruction of the mortal
remains would tend to force people to see the
sweet and consoling distinction between the
precious erobalment ot the real person In our
love, and the clinging to the dead mummy of
what had been. So It was that when his be
loved son Victor died he took his body to San
Francisco for cremation, because he belicvd
this the better way and because he felt that
this example was worth more than preaching.
And so It was that he was so tlrelcrs In the
movement to build a crematory here, and he
became Its first president: and so It was that
his own body found wings on those purltjlng
flrs. The day was a May day and the earth
wis beginning to encourage men again in the
Joy or living. Trees were In their newest
green and the larks were trying their tresh
cst love songs, and out upon the bank or his
beloved river, train after train carried those
who would do him reverence. They came In
carriages and they came on root: the best of
our society were there all that in meant by
wealth and success. This Is a busy world:
when one drops out, we are apt to cover the
place where he disappeared, even before the
burial, and that congregation ot thousands.
In the midst of which the little crematory
stood as an island those- thousand." brought
there from no motive other than respect and
love is a greater tribute than I can pay or
than words can give, and sweeter than wreaths
of flowers. And sweetest ot all to hla mem
ory, as It would have been to him living. wa
that the great majority of this multitude were
the poor: these with hard hands and haggard
faces and poor clothing they were there, a
visible and. I hope, eternal, exhibits of love
for him, for what he had done for them. .
All that was left to us of Charles Brron
Bellinger In the body that day became a
handful of white ash. That, as his own lire
has taught us. Is nothing. That was to be
cast to the winds, to become a. part of the
earth from whence It came, and those who
would bow over his grave must find-It In the
closets or their own hearts, unhelped and un
hindered by any touch ot clay, and so. In our
msmorles. I trust we bow tonight over his
memory; to the upright Judgftj respect, and
to the man, love.
Science and Disease.
PORTLAND. Jan. 20. (To the Editor.)
The Oregonlan. pending the Illness of the
noted Chicago merchant, said: "The public
watches with Interest the light of science
against pneumonia In the caee of Marshall
Field, the Chicago millionaire. Incidentally
interrst is felt In the .recover-," of the pa
tient." It was a case of rare Intercut, on account
or the prominence of the man. and as a
test of popular theories in. the management
of such cases. The fight went on to a fin
Isb, and pneumonia won the battle. A plain
cae of a common ailment triumphed over
science. If these were really the parties to
the contest. How U that? Waa fclence there,
and has It brought us back "a. ltfson of de
spair" t If science was there. Is science, there
fore, a failure?
These questions ought to have clear aad
decisive answers, not for the sake of any
medical school, or because of popular theories,
or became of any medical practice now ex
tant, but for the reason that they Involve
the life' aad well-belajr of hundred and
thcusaa-ls ot meaL womta aad children. So
noted a. case cght Jfot- to pass away with
havlftg the leemn K teaches pt&My brought
forward aad prcossd for mitelki consldeot-