The Sunday Oregonian., July 26, 1908, SECTION THREE, Page 8, Image 30

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THE SUNDAY OKEGOXIAX, PORTLAND, JULY 26, 1903.
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PORTLAND, SUNDAY. JULY i. 1908.
THE CELEBRATION AT ftlKBEC.
There have been various theories re
garding the origin of the name Can
ada. It is not probable now that the
question ever will be settled. It is
6ald by some of the historians that
Canada is the name that Cartier, in
1535, found attached to- the land, and
that he never attempted to displace it;
but navigators and discoverers from
France, who followed Cartier, com
monly called the country New France.
Yet the name Canada was kept alive
In the early cartography, and after
the country passed finally into English
hands this became its sole designation.
Likewise the origin of the name Que.
bee is disputed; some say from .
Norman title, others that it is an aU
tempt to put into the form ot letter.
native Algonquin name; still others,
hat the first beholders of the prom
intory exclaimed "Quel bee!" Every
heory is as doubtful as the origin of
the name "Oregon."
From the explorations of Cartier to
those of Champlain there was an in
terval of nearly three-quarters of a
tentury. During this period innumer
able Vessels sailed from French ports
to various places on the . shores o
Vew France; but these were expedi
tions of adventure and discovery rath
ir than of colonization. The - first
ctual effort for permanent settle
ment was made by Champlain at Que
bec, in 1608. It is the tercentenary of
'his event that is the occasion of the
resent international celebration. Set
'lement of Quebec by the French fol
lowed the next year after the settle
ment at Jamestown by the English.
The events were the beginning of the
ivairy between the English and
Trench for control in the New World,
tt continued above one hundred and
lfty years, till the final extinction of
"5'rench power in North America (the
episode of Louisiana excepted) by the
"apture of Quebec by the English, un
ler Wolfe, in 1763.
France, as a colonizing power, has
been only a little more fortunate than
Spain. Yet France, having lost her
colonial empire twice, is now building
tt up for a third time.
Under Louis XIV. France lost New.
Toundland, Arcadia and the Hudson
Bay territory; but France, after the
Ircaty of Utrecht (1713) still held
Canada and Louisiana (the great Mis
sissippi country); and in Undia her
possessions covered nearly all the
points of vantage. But when the War
of the Austrian Succession (1740)
broke out in Europe, its results were
felt afar. There were many French
disasters, and when the peace of
Aix-la-Chapelle was signed (1748)
Louis XV., "making war like a King
and not like a merchant," gave up
Madras to the English. This war was
followed after a short interval by
the Seven Years' War, which ended
with the extinction of French power
In India, and with loss of Canada to
France. The French colonial empire
nas virtually at an end. Only a few
.tattered fragments remained. Thus,
the tirst colonial empire of France,
which had been, created by Francis
I.. Henri IV., Coligny, Richelieu and
Colbert, was lost by Louis XIV. and
Louis XV. Something, Indeed, re
mained to France; but what remained
to her was, at that stage of the world's
history, of no great importance.
A second colonial empire was out
lined Under Louis XVI.; for this un
fortunate monarch had many able
men to serve him. But the develop
ment was hampered and its future
ruined by the Revolution, followed by
the final sacrifice to the continental
soltcy of Napoleon. Yet Napoleon un
lerstood the value of colonies to
francs, as the Bourbon Kings did not.
He continually declared that it was
not European conquest he desired,
but ships and colonies. But Great
Britain, with her power at sea, stood
hi his path; and since he could not
prevail at sea, he undertook to sub
Sue England by destruction of her
;ontinental allies. This was the secret
Df his long and aggressive military ca
reer, after he came to supreme power;
and even before he came to supreme
power It was the secret of his expedi
tion to Egypt. To us he sold the
Louisiana country, to prevent it from
falling into English hands. He had
Incorporated Holland with the French
Empire, and Southern Africa was
thereby lost. The English took it,
and the recent Boer War, a remote
consequence, that has cost England so
dearly, may afford some satisfaction
to the shade of Napoleon.
One of the most ambitious of all
the attempts of France was that made
under the second empire upon Mexico.
It was based on the belief that the
Civil War in our country would result
in permanent division of the United
States, and that France thereby could
obtain a new foothold in America.
Collapse of the Confederate States, af
ter four years of war, dispelled this
hope or illusion. The French were
forced to get out of Mexico, and the
failure, with the consequent humilia
tion, weakened Napoleon III., in
France, and became one of the main
causes of his overthrow. Yet some
thing had been done during his reign
to strengthen the hold of France upon
Madagascar, and in Tonquin and oth
er parts of Farther India; but the
third colonial empire which France is
now laboring to create or build up, is
almost exclusively the work of the
Republic, since 1870. France had
been a partner with England in the
Suex Canal and other Egyptian enter
prises; but her overthrow in the war
with Germany caused the Republic to
hesitate then In regard to Egypt, and
England proceeded alone. Franca
thus lost an opportunity which, of
course, she will never recover.
The present colonies and depend
encies of France have an area roughly
estimated at 4,000,000 square miles,
with a population of about 66,000,000.
Of these about 34,000.000 are In Af
rica, including Madagascar and is
lands, and. 21,500.000 in Asia. In
America there remain French Guiana,'
Gaudeloupe, Martinique and St. Pierre,
having in all about one-half million
inhabitants. In Oceanlca, a few small
establishments. But the people of the
French possessions in Asia have in
them little principle of progress; and
in Africa, except along the Mediter
ranean, still less. There can hardly
be much future to the colonial empire
of France. She lost her opportunity
a long time ago mostly to England.
Besides, the French are not an ef
ficient colonizing people. They do not
like to leave their country, and in the
United States there are fewer people
from France than from any other
great nation. In all times the French
colonist has been disposed to depend
too much on the mother country, and
the home protectorate has always en
feebled the colonial administration.
Hence the French colony does not de
velop those stores of force and energy
which it needs. On the contrary, Eng
lish colonies have usually had the
help of the mother country's wise
neglect. It was pre-eminently so
with the English colonies in
America, through all the early
time. France has failed because
the genius-or the spirit of her people
has not been adapted to support of
enterprises far from home. All
Frenchmen who leave France desire
and expect to return sometime, to
enjoyment of life in their native land.
It is beautiful to think ot it; but It
doesn't supply the stuff that makes
colonial empire.
The celebration at Quebec is no
celebration of the triumph of England
over France. It is historical in its
character; it presents itself as an in
ternational occasion, upon which Eng
land, France and the United States
may talk together. At the beginning
of our Revolution a prodigious effort
was made by our people to take the
thirteenth colony (Canada) with
them. It failed, largely through the
indifference or hostility of the French
in Canada. They could not forget
that the Revolutionary colonies had
been a main force in the conquest of
Canada by the English and in the
triumph of the English over the
French. During the course of the
war that had ended in the conquest
of Canada, and capture of Quebec by
the English, the English thirteen
colonies had furnished no less than
thirty thousand fighting men. Hence
the French in Canada were less in
censed against the English than they
were against the colonists of England
to the south of them; and General
Richard Montgomery and Colonel
Benedict Arnold, who, at the begin
ning of our Revolution, tried, to stir
the French of Canada against the
English, completely failed. Mont
gomery was killed and Arnold was re
pulsed from Quebec. The French
population was not friendly to our
people. They didn't like the English
very well, but they liked us less. i
To this day the province of Quebec
remains very largely French. In the
citv of Quebec the French language.
spoken by everybody, is a reminder
every hour of the old history.
Language, once established, persists
in the strangest way. Though out
wardly it is but sound, it is the most
permanent of ail things. Strange that
the utterance of the tongue, which is
but sound, should be the most dur-
able or persistent of things in human
history. Nearly all our household
words are handed down to us from a
time that antedates all other memori
als. We are all using words today
which are older than the historic
pyramids or the legendary flood of
Noah or Deucalion. -
NO WAY TO STOP SUCH AN EXODUS,
The Des Moines, Iowa, Capital la
ments over the fact that the best
young men of that city are going else.
where to seek their fortunes. The
merchants of the city have taken the
matter up and will try to stop the
exodus, which, according to the paper
mentioned, is a "costly drain upon the
state's strength."
But you can't stop the exodus from
Iowa. Already several thousands of
Iowans have come to Oregon and all
of them are sending back reports of
the beauties and attractions and op
portunities of this rapidly growing
state. In the letters to their friends
and former companions, they tell of
a land free from cyclones and bllz
zards. They tell of temperatures ex
cesslve In neither Winter nor Summer.
They tell of a land where cherries
grow in abundance and to a size of
one and one-eighth Inches in diameter.
They tell of a region not dependent
upon one or two industries, but hav
ing a multitude of resources from
which to draw increasing wealth
They describe thinly-settled districts
where land is cheap, but where all
kinds of fruits can be grown success
fully. They give an account of an un
developed portion of the country in
which abundant water powers will
make progress rapid so that in the
next few years land values will in
crease many fold.
The Des Moines Capital and the
merchants of that city can succeed in
halting the exodus wnenever they can
change the climate of Iowa or stop
the Iowans in this state from writing
back home. And not till then.
MONOPOLIES.
Among the many beautiful aspira
Hons of the Democratic platform is
one for a law "which shall make it
impossible for a private monopoly to
exist in the United States." It is in
teresting to speculate how such a law
would read. Suppose a man should
find a deposit of radium on his farm.
Since there are no other deposits of
that mineral in the country he would
have a private monopoly, which is
"indefensible and Intolerable," accord
ing to the Denver sages. But how
would the law go about to break up
his monopoly? Would it deprive the
man of his farm? Would It confiscate
his radium? Would it compel him
to sell his mine to the Government?
The problem of monopilles is by no
means so simple as Mr. Bryan and his
distinguished fellow philosophers seem
to Imagine. If ten men have a cer
tain article to sell there is no power
on earth to prevent them from, mak
. ing a secret agreement as to price or
as to the amount they will offer the
market. And if these ten own all there
is of the given article they will have a
monopoly, and they will keep It in
spite of all the laws in the universe.
It is tyranny to compel a man to sell
hs property for less than he can ob
tain for it in the open market.
Monopolies cannot be destroyed by
legislation, but they can be controlled.
One way of controlling them is for
the Government to enter into compe
tition with them. This has been ad
vocated by many economists, but it is
not in accordance with American
ideas. Another method of control is
for the Government to license mono
polies and subject them to rigorous
conditions by the terms of the license.
Thus prices could be held down and
fair treatment to consumers assured.
At least, it is supposed that this could
be done. . It has never yet been tried
in practice, and it might not work out
quite as Mr. Roosevelt and others
imagine. Still It is much more prom
ising than the Democratic theory that
monopolies can be eradicated. If it
finally turns out that private monopo
lies can not be controlled, the common
sense of the country will make them
public monopolies; it will not be so
foolish as to try to destroy them.
MAKING ASSESSORS DO THEIR DUTY.
For many years the state of Kan
sas had exactly the same trouble with
its assessed valuations that Oregon ex
perienced prior to the adoption of the
fixed ratio system of apportioning
state taxes. Though the tax laws of
Kansas, like those of Oregon, required
that all property be assessed at actual
value, the Kansas City Journal says
that county assessors, in order to re
lieve their counties from a just share
of the state taxes, learned to violate
the oath of office by assessing real es
tate at one-third, one-fourth or one
twelfth of what the law required. The
Legislature of 1907 re-enacted the old
law, with a few additional provisions
tc aid in enforcing it, and then created
a tax commission to see to its enforce
ment. Says the Journal:
The prediction was freely made that the
law and the commission would utterly fail.
WTiat these men had to overcome was not
only the universal disposition of mankind
to dodge the tax gatherer, but the habit
and cu3tom'of forty years' standing. The
commlasioners certainly , had a tremendous
task before them, but by hard work, good
Judgment, good nature and an Iron deter
mination they have been remarkably suc
cessful. The assessed value of all the prop
erty In Kansas last year was a Uttle over
$400,000,000: the assessed value for thli
year will be somewhere between $2,200,000,-
000 and 2,500,000,000. In other words, the
total assessed value of all the property In
Kansas this year will be between five and
six times what It waa lrat year.
The success of the tax commission,
it is safe to say, was due almost en
tirely to the intelligence and fearless
ness of the members. Some credit
may be given, perhaps, to the attitude
of the people, who may have given
the law their support, but experience
iu this state leads one to believe that,
Individually, property-owners desire
their assessed valuations kept as low
as possible. Oregon's experience with
a State Board of Equalization, pre
sumably about the same In jurisdic
tion as the Kansas Tax Commission
so far as valuations of property are
concerned, was not a very satisfactory
one. The Kansas commission probably
went about its business with a deter
mination to make each county boar its
just share of the burden of taxes, and,
though the time for litigation has not
expired, there is reason to believe that
they attained the desired result to
some degree.
The whole difficulty of assessing
property and apportioning state taxes
would be removed if some means
could be devised of compelling county
assessors to do their duty honestly.
When an assessor has taken an oath
to perform' his duties and the law re
quires him to assess property at actual
value, he should be indicted for mal
feasance in office If he violates the
law. But a charge of that kind must
come before a grand Jury and trial
Jury, made of property-owners in the
county, and who, therefore, are likely
to take the view that the assessor has
placed valuations high enough. To
compel one assesor to do his duty is
unjust if others are permitted to
evade the law. A tax commission, if
given sufficient authority, could super
vise the work of the assessors and
bring proceedings against them If
they prove unfit for their positions.
There have been too many public of
ilcials in Oregon, as elsewhere, who
believe it their right to ignore the
plain requirements of the law and
perform their official acts in any man
ner they may see fit. Impeachment
of a few such might have a salutary
effect.
AN UNDELXVERABLE VOTE.
The assumption that Mr. Samuel
Gompers can drive the solid labor
vote into the Bryan, corral with no
more trouble than Is encountered in
rounding up a herd of cattle is hardly
warranted, in view of recent politi
cal developments. There is Tom Wat
son, for example, a man who has al
ways had a pretty strong hold on
some of the labor vote, and who is
now denouncing Bryan with a vigor
and venom seldom equalled so early
In a campaign. The personality of Mr,
Watson alone will draw a good many
thousaad labor votes away from the
Nebraska man, and the Socialist La
bor party has a candidate of its own,
The fact that this candidate is in the
penitentiary for a long term for mur
der, and is otherwise ineligible for the
office, will not prevent his friends
from voting for him. The greatest
deflection of the labor vote from the
candidate which Gompers has selected,
however, will be in the ranks of labor
that does its own thinking, and votes
ill accordance with its own convic
tions. .
The labor vote cannot be swung as
a unit to any candidate, for the simple
reason that laborers are just like
other persons. They have their likes
and dislikes and their preferences.
and are moved to action by the same
impulses as govern other people, in
certain cities where labor unions are
strong, and tyrannical in accordance
with their strength, "labor" can be
swung into line quite effectively by
persuasion, moral and otherwise, but
at the polls all of the helplessness
which the individual laborer may
show during a strike, vanishes and he
votes In accordance with his own
wishes, frequently cherishing a secret
joy at the safe opportunity to express
his disapproval of the Gompers meth
ods. If Mr. Gompers' campaigns in
the state of Maine and elsewhere, had
failed to teach him that labor could
not be handled like "dumb driven cat
tle." he might at least have learned
something by consulting the statistics
on the National labor vote In the
past.
The best showing ever made by a
labor ticket was in 18S8, when the
union labor ticket polled about 151.-
0C0 votes out of a. total of about 11,
00,000. Four years, later the labor
candidate polled 21,000 votes out of a
total of more than 12,000,000.- In
1896, the vote stood a little more than
36,000 for labor, and about 14,000,000
for the other candidates. Mr. Debs
appeared on the scene in 1900, and,
posing as a champion of labor, se
cured about 99,000 votes, leaving
about 84,000 for the regular Socialist
labor ticket. In 1904, the Debs vote
was 391,000, end the Socialist Labor
vote 63,000, these combined forces
of labor representing a voting strength
of about 3 per cent, of the total
vote cast and in no state in the Union
did the ticket approach a plurality.
It is obvious from these figures that
labor" has never yet voted for its
own ticket, and that unknown num
bers from its rank have voted the
regular tickets of the two old parties
with which they have always affiliated.
Mr. Gompers cannot deliver the labor
vote to Bryan because the labor vote
ic deliverable only by the voters, and
many of them object to the peculiar
ideas which are entertained by Mr.
Bryan and which have twice been re
sponsible for his defeat.
ENGLISH SPELLING CONTEST.
At the recent session of the Na
tional Educational Association in
Cleveland there was held a spelling
contest which has been the subject of
considerable comment in the educa
tional press. The contestants were
teams of fifteen children each, from
the cities of Cleveland, Erie, Pittsburg
and New Orleans. Noteworthy fea
tures of the contest were that twelve
of the children in the winning team
were girls and that most of these were
of foreign parentage, as conclusively
shown by the following names: Maude
Lesmer, Hilda Moskowitz, Sylvia
Slcha, Irene Langlols, Etta Epstein,
Rosa Meier, Leo Goldriech, Ida Fan
tana, Colette Litet, Leah Bratburd,
Freda Markowltz. Perhaps the chil
dren of American parentage would
explain the superiority of their for
eign classmates by saying that the lat
ter, having been drilled on the spell
ing of their own outlandish names, can
master the mysteries of English spell
ing the more easily.
Another incident which caused' sur
prise was that one of the two children
who made perfect records was a col-
ored girl. She was a member of the
Cleveland team, and when the New
Orleans team heard that she was to be
one of the competitors they talked of
withdrawing from the contest. It
would be interesting to know how
they were received on their return to
the South after having been surpassed
in an intellectual contest by one of
the members of the detested colored
race.
Possiblv the sunerioritv of the chil
dren of foreign extraction may be ex
plained by saying that they are accus
tomed from youngest childhood to
perform the tasks set for them with
out asking the reason why. Foreign
parents place obedience near the top
of the list of Juvenile virtues. Conse
quently their children promptly and
faithfully studied their spelling lessons
at school while the American chil
dren, contemplating the waste of time
our spelling involves, shirked the task
as unreasonable.
IRRIGATION IN WILLAMETTE VALLEY.
Those who read the pamphlet re
cently issued by the Department of
Agriculture setting forth results of
irrigation experiments in the Willam
ette Valley will notice that methods
of cultivation play a large part in
producing conditions that make irrl
gation necessary, and there is t
strong indication that a change of
methods would in part improve the
conditions. Mr. G. R. Bagley, of
Hillsboro, who conducted one of the
irrigation experiments, gives an ac
count of his operations, and by way
of introduction says that his land
had been used for grain growing for
many years, and that at a depth of
about eight Inches a plow sole or
artificial hard-pan had formed and
that this was so hard and Impervious
as to hinder growth of roots to a
greater depth. His first work was
to subsoil part of the land to a depth
of twenty inches. The result was
noticeable before any irrigation was
attempted, for during the Winter
vetch crops in the vicinity were in
jured by freezing weather, but no in
jury was sustained on the land that
had been subsoiled. Vetch and red
clover had been sown and the vetch
was taken off early in July. Water
was then applied to the clover, and a
crop produced the same year. A por
tion of the land seeded to clover had
been subsoiled and part had not. In
52 days from the time water was
applied, clover on subsoiled land had
reached a height of three feet, and
was of a deep green and healthy
color.- That upon the land not sub-
soiled reached a height of only ten
Inches and was light green and
sickly.
Lack of humus, decaying vegetable
matter, makes the soil hard and lm
pervious, and causes It to dry out
quickly. Though restoration of humus
to the soil will not by any means
acjomplish' all that can be secured
by Irrigation, it wil go far toward re
lieving the unsatisfactory conditions.
Deep plowing permits the roots of a
leguminous crop to go deep, thereby
aiding in keeping the soil porous. If
a crop of vetch or clover can be
plowed under this will greatly aid in
restoring humus. Better still, if it
can he had, is the use of barnyard
manure on a field where the soil has
become hard and lifeless. A soil
thus rejuvenated will Immediately
show results in increased yields of
any kind of crop, and, if "irrigation
can then be added, crops maturing
late in the season, such as the second
crop of clover, can be successfully
produced.
There is little trouble in the Wil
lamette Valley in getting a good
early crop in fact there is scarcely
any place in the United States where
crops in general are more reliable
than they are in the Willamette Val
ley. Only crops making a late
growth need Irrigation, and even this
need can be greatly lessened by
proper care of the Soil. "Xoose soil
with plenty of humus will absorb and
retain moisture like a sponge. The
subject of irrigation is one of inter
est in ' the Willamette Valley, but
when one considers the area of land
that can be Irrigated as compared in
extent with the area that can be im
proved by proper .care, the subject of
soil preservation becomes of greatly
more importance. The farmer who
has land and water in such relative
position that he can apply the latter
to the former during July, has awery
valuable property. In any circum
stances, the farmer who makes a
practice of keeping his soil loose and
porous can safely depend upon har
vesting a good crop every year.
ON PHYSICIAN'S PLIGHT.
The public has read the story of
another physician's misconception of
his duty, of his yielding to the pleas
of the wayward and of his exposure
and possible ruin. Sympathy for the
physician, somewhat widely expressed.
is based upon the apparent fact that
he was not 'actuated by a mere desire
to procure money by unlawful' prac
tice, but that he listened to the en
treaties of a distracted mother and
sister striving to save a daughter from
public disgrace when he should have
been guided by the laws of the state
and the ethics of his profession. But
sympathy cannot smother that detes
tation which all must feel at the com
mission of a crime far too common a
crime the successful accomplishment
of which multiplies demand for its
repetition, and encourages a species of
vice that threatens to undermine the
social system.
The subject is an unpleasant one.
It is more easily discussed before a
medical society than through the pub
lic press; yet if an evil is to be rooted
out, mere considerations of delicacy
cannot be permitted to withhold from
public view the facts as they exist or
to suppress that candid comment and
criticism necessary to impress upon
all concerned the measure of a physi
cian's duty to his patient and the ex
tent of his obligation to society. Let
those who may find themselves con
fronted by similar circumstances learn
the lesson offered by one of the most
pathetic cases of this character ver
brought to the attention of the people
of Oregon.
A girl of the Immature age of 15
disclosed to her older sister and
mother that improper relations with a
certain young man had Involved her
In trouble. The young man admitted
his responsibility and freely offered to
marry the girl. This course was ad
vised by the mother and sister, but
the girl refused, unless she should first
be relieved frovn that condition which
meant disgrace within a few months.
Moreover, she threatened to commit
suicide unless her wishes were com
plied with. Argument and persuasion
were without, avail and finally the
physician was called in. In response
to the request of the girl, her mother
and sister it appears that he per
formed the operation desired and in a
few days left for the East to attend a
fraternal gathering. The girl became
ill, and, receiving medical attention
too late, died from the effects of the
operation. The physician was arrested
and will be brought back to Oregon
for trial on a charge of manslaughter.
The duty of a physician when ap
pealed to in a case of this kind is
plain. Notwithstanding some unusual
and very pathetic circumstances, he
should have refused promptly and ab
solutely to commit a crime himself in
order to cover up the misdeeds of
others or even for the purpose of
preventing a suicide. If he thought
the threat of suicide might be carried
out, it was his duty, directly or
through the members of the family, to
see that proper precautions were
taken to prevent such a course. When
the facts and the wishes of the girl
were made known to him there rested
upon- him a moral obligation which
could n9t be discharged by merely re
fusing to have anything more to do
with the case. . By kindly advice, if
possible, by extreme measures, if
necessary,, he should have prevented
the commission of a crime against na
tural and civil law.
The same may be said of the duty
which rested upon the mother and
sister. Under the laws of this state an
accessory before the fact is a party
principal to a violation of law. If
they procured the unlawful act to be
done, they were apparently as guilty
under the statutes as the physician
who performed the operation. It is
difficult to see how the law can dis
criminate between the phyisiclan and
those who employed htm, when prose
cutions are had. But, entirely aside
from the question of legal account
ability, it was plainly the duty of the
mother and sister to prevent, rather
than aid or consent to, the act which
meant certain death to the child and
possible death to the girl, though it
must be added that affection for the
unfortunate girl, ignorance of the law
and the consequences of their act, and
the desire to shield the family name
from disgrace constitute, the greatest
possible extenuating circumstances for
them.
Though it may be admitted, so far
as the physician is concerned, that the
circumstances are different from those
cases in which mercenary motives
alone are Involved, yet there is noth
ing, so far as now disclosed, that af
fords a Justifiable defense for the
operation performed. It is safe to
say that physicians are frequently ap
pealed to in matters of this kind, and
it is deplorable that in far too many
cases members of the medical profes
sion have rendered the service desired
To be fair to the profession it must be
conceded that requests of the kind are
generally refused, though these re
fusals, of course, seldom come to puD-
lic attention.
HOPE FOR MANY LAWBREAKERS.
If the decision of the Federal Court
of Appeals in the Standard Oil case is
to be accepted as law, there is much
in it of interest to many small often
ders against the criminal laws of the
state. The court holds, for example,
that each separate shipment at special
reduced rates does not constitute
separate offense, but each settlement
should be counted an offense. Here
tofore, it has been assumed that when
a liquor dealer sells liquor In violation
of law each sale constitutes a separate
offense, but apparently this can be
avoided if the buyer will have his pur
chase charged and settle once
mpnth. Mr. Hembree, who was con
victed of killing his wife and then
tried again on the charge of killing
his daughter, should be able to find
iti the Standard Oil decision support
for the argument that only one crime
was committed, for the evidence does
not show that he lighted more than
one match in setting Are to the house
in which they were burned.
Then, too, many a man of small
means may reasonably look with hope
to the language of this decision. The
Federal court said : "Can a court, with
out abuse of judicial discretion, wipe
out all the property of a defendant
before the court and all the assets to
which its creditors look, in an effort
to reach and punish a party not before
the court a party that is not even in
dicted?" Many a poor hobo has been
fined a hundred times the amount of
his assets in the past, but in the fu-f
ture he can cite the Standard Oil de
cision in support of his contention
that this would bs an abuse of dis
cretion. The boy who finds himself
convicted and about to be fined heav
ily may reasonably argue that this ac
tion on the part of the court would be
a fine upon his father, who had not
been brought before the court nor
even indicted.
Indeed, when one takes the time to
pursue the logical consequences of the
decision, it opens marvelous opportu
nities for the lawyer who makes a
specialty of raising defenses for men
guilty of crime.
This from the Washington Standard
(Olympla) is one of those peculiar
deliverances that come from persons
who wish to criticise The Oregonian,
yet miss all the facts. Sic, o sic:
The Oregonian has awakened to the sit
uation that the State Constitution means
something, when it provides certain stated
salaries for its executive and administrative
officers. Any legislation making additional
allowances is in violation of fundamental
rights and ought not to be tolerated. The
astonishing part of the whole business Is,
why has The Oregonian allowed Its scruples
to slumber thus long? For many years that
paper was the representative of the party
In power in the state and must have known
such malfeasance was practiced contrary to
law, and it Is only now that It seems to
have become anxious to square accounts
with Its political adversaries, both within
and without the ranks of the G. O. P.
Yet there hasn t been a year for
more than thirty years, and scarcely a
month in all the months, of more than
thirty years, in which The Oregonian
has not -cried out against this very
thing. But The Oregonian never has
been the "representative" of any
'party in 'power," and it has usually
found that it takes it from twenty to
thirty years to enforce attention to
anything of importance. For example,
It had to fight the silver fallacy nearly
thirty years. ' Then at last people be
gan to take notice. Even the Chris
tian gospel has made and Is making
mighty slow progress.
To be a good loser does not mean
that one must always accept defeat
cheerfully. If there has been a sub
stantlal variation from the rules of
fair play the defeated party to a con
test not only has the right but it is
his duty -to protest. But where the
contest has been fairly conducted, as
was the 400-meter foot race at Lon
don Thursday, the defeated competi
tors who raised a cry of "foul" show
their entire lack of the elements of
sportsmanship. Apparently the Eng
lishmen thought it was not fair for
Carpenter to run away from their
sprinter, Halsewell. Unfortunately for
the latter, Americans are not In the
habit of waiting for other people. Car
penter was in the lead and was going
his best. Halsewell couldn't get around
him, not because the way was blocked
but because he couldn't make his legs
go fast enough. Judging by the events
of Thursday's meet at London it Is a
foul for an . American to outrun an
Englishman. Sir Thomas Lipton, who
has something, of a reputation as
sportsman, entertains different views
of what constitutes a foul. He doesn't
like to lose, but he's a good loser Just
the same.
' Portland is not the only place
where an effort has been made to
suppress the hoodlumism that finds
expression in such amusement as
throwing confetti. At Salem a
man caused the arrest of a
rowdy who threw a return ball
and struck a young lady who was
walking quietly along the street, and
with whom he was not acquainted.
Swearing out a warrant of arrest is
the more lawful method of adminis
tering punishment, but In a crowd,
where subsequent identification would
be difficult, personal chastisement on
the spot is a more effective remedy.
Mr. Bryan, remarks the Brooklyn
Eagle, "describes the agriculturist as
a victim of predatory wealth, end in
the same breath declares that thou
sands of farmers could spare $100
apiece for his - campaign funds." If
the farmers respond, as Mr. Bryan
seems to think they will, his Chair
man, Norman Mack, will get a cam
paign fund that will beat anything
Mark Hanna ever was able to raise.
Judge Grosscup says his "mind de
velops." - That is the reason why he
protects the iniquities of Standard Oil.
Yet nobody has criticised corporation
abuses more than he has. Yes, his
"mind develops." He is going to quit
the bench and take up the practice of
a corporation lawyer. His mind de
velops. Abraham Lincoln's address of ac
ceptance contained 139 words, and his
letter to the notification committee
contained 134 words. Taft and Bryan
will , use from 3000 to 10,000 words.
Is greatness measured by number of
words?
Possibly the Insurance oompany
which is conducting a gambling game
under the guise of insuring people
against the election of Bryan may
learn that a court can "look behind
formalities if it so desires.
Bryan is "talking into the phone'
daily. Now If we had some of his
speeches on free coinage of sliver and
government ownership of railroads,
delivered in, former years, wouldn't
they sound well ?
If Mr. Kern doesn't like the things
that have been said about him he
might find consolation In going back
to the newspaper files and reading
what was said abobt Henry Gassaway
Davis.
Mr. Bryan has had his speeches
canned in phonograph cylinders. It
might be well to remember that can
ned goods sometimes poison the con
sumer. .
Does the law governing publicity of
"contributions" apply to the funds of
certain classes of peopl "dig up"
when told to do so by a political boss?
There will be no Pindar. So there
will be no poet of the modern Olym
pian games. And what are Olympian
games without a poet?
Judge Grosscup says he has no in
tentlon of retiring from the bench.
Deep disappointment reigns.
IRRELEVANT
BY HARRY MURPHY.
It needs a mind Intelligent
To see a motive never meant
Who studies man in private wer
Like a daylight astronomer.
With jeers they hung him to a pole.
And said we 11 teacn men sen control.
Somebody's child is dying there.
Beside those wheels? Sad. I'm aware.
But yet It's work, you will allow.
That must be done; and, anyhow
Don't think me hard there's really
such
A lot more one won't matter much.
see
It is beautiful to see reformers, try
ing to elevate the moral and lntellec-,
tual tone of society. It is rather dis
couraging, though, for the reformer :
when he finds that society doeBn't want '
its moral and. Intellectual tone ele- '
vated. v Yes, he might quite as well -
look for the stones to confound grav-:
lty and go soaring away into the
ether.
Of the various cants that of "friend-
ship" Is one of the most common and '
disagreeable. Not one person In ten
thousand who so glibly, in letters and
otherwise, protests friendship knows
the meaning of the term. A capacity,
for it is as rare as a great talent for
music. Rochefoucauld spoke by the
card when he said: . "In the distress
of our best friends we always find
something that does not displease us."
Of course this is not real friendship,
but It is what is current as such.
The persistent . characteristics of
the average man are selfishness and
a kind of aspiring which on Its reverse
side Is envy. He has other qualities
more evident: they are merely super-;
ficlal; still not so superficial as not to:
deceive the weak those, for example,;
who, reading this, call me an ill-natured
pessimist.
There isn't one man In ten thousand:
who doesn't regard his friend's success ,
l personal affront, a reflection on
his own want of success. On the same
principle, "benefit a man, he'll hate!
you for it. The beneficiary feels thatj
magnanimity or nobility in another but;
emphasizes his own meanness. Hence i
there can be no friendship unless both;
parties to it are equally of high mlnd.;
Attack one Cant and a whole host'
of Cants will rush to the defense ofj
their fond brother; so what is here:
written will be denied, especially by
the priests of "Optimism"; that is to(
say by those weak-minded worthies;
who cannot comprehend the facts, or
by those too cowardly to face them, or;
by those who for private advar.'cage
pervert them; those "cheerful ldots.'V
In short, who prose about "brighter'
sides," "Jolly old world after all." etc.;
Only over the dead bodies of these is
there progress.
The worst vices and crimes flourish,
among the very rich and the very poor; 1
two classes which owe their existence:
to the folly of that class which is1
neither.
e
Is the world growing better or mere-,
ly older? Is the boy better than the!
man? Has our progress after all been!
but the exchange of turbulent youth!
for prudent and avaricious age? Bloody,
purposeless wars, gladiators and tor-j
ture chambers are gone we have f ac- -tories
and mines where two and a half
million little children, pale and ragged
waifs, are at work.
see
If ever there was a poet of the com-'
mon man. Whitman is he. And yet itj
is the uncommon man, comparatively, ;
that understands Whitman. The mil-,
lion whose minds run in conventional!
channels will find his manner Insuper-!
able. Of course this isn't Whitman's j
fault" lifa nnfltrr wnulri hnvii V, n n lm '
possible in any other way. Whitman'
is a great poet.- It is just that bet
should share first place in American
literature with Poe. Future genera-i
tions may even hold him to be one ofj
the supreme poets of all time. ;
Those who cannot comprehend Whit
man may console themselves with the
thought that they did their best with,
an Imperfect mental equipment.
e e
Haughty and humble alike scorn thai
"mob" the ever named but never
identified: for no one has thus far been I
discovered" who belongs to it by self- j
admission. - And yet from the mob, j
from its lowest levels, its most ragged i
ranks, all the great reforms of the
world have emanated. The Christian
religion was first adopted by Roman I
slaves; Luther's reformation found its!
support among cobblers and tinkers; j
the French revolution, that effaoer of ,
feudalism, originated among the out- j
casts and spawn of Paris. Our own
war for independence was aohleved by!
the humblest of the colonists. The
well-to-do and cultivated were nearly j '
all Tories. The popular songs of thai
time narrate that the nice sensibilities j
of these conservative gentlemen were j
shocked by the barefoot rebels, who '
frequently had but one shirt. This, for!
instance, current in 1778: 1
They renounce allegiance and take up their',
arms, ,
Assemble together like hornets In swarms. ,
So dirty their backs, and so wretched their
show,
That carrion-crow follow wherever they go. i
With loud peals of laughter, your sides, sir j
would crack.
To see General Convict and. Colonel Shoe
black. Reforms proceeding from the lowliest i
gradually permeate to the higher until
at length when they have survived
tneir usefulness, have become a bar to
further progress, they reach that rare
fied region where dwell the privileged
and the proud that highest, class of
all who are the especial care of the
Almighty. These sanctified beings
then rise to announce awfully that un
less this "venerable and time-honored
Institution that our fathers died for"
is preserved, 2000 years of advance
ment will be as naught. Civilization
will crumble to Its ultimate stone, the
universe will revert to night and
chaos. . .
e e
An unpleasant egotist in a small
way is he who emphasizes, or other- ;
'Wise scribbles, comments in public li
brary books. It is, in fact, the ex
treme of impudent presumption, this
setting up as critic and censor for the
readers who must follow him.
Here is a course of reading recom
mended to Ignorant "business men":
"Critique of Pure Reason," "FlrBt Prin
ciples," "Sartor Resartus." "Walden."
and the first part of "Progress and
Poverty," called the "Problem"; the
second part called "The Remedy.".
which deals with single tax, may be
omitted. And, gentlemen. If you are .
at all susceptible of instruction you
will rise from the perusal of these
works chastened and humbled.
Ibsen is read by the morally dis
quieted, those who think in terms of
sensualism.
. e e
self by the maxims of the dead, dis
regarding in so doing a century or
two of subsequent experience, it is
stable and intelligent.
Swift and Fielding were not coarse r
in the same respect as are many re- j
cent writers; the former assailed vice, i
the latter fondle it.
With the foolish loud talk goes for !
unanswerable argument. Herbert Spen- J
cer's great reputation among the un
thinking is owing to his tone of sweep- .
ing infallibility.
' e
The right generalization of political
partie rn an lw g-lnativa and the non-