THE SUNDAY OREGONIAX, PORTLAND. JULY 26, 190S.
POPULARITY OF
PRIMARY
AS
Underground Antagonism
New Law on Increase
in Washington.
to
SERIOUS FLAWS CROP OUT
Candidates Arc Privately Hostile to
Measure, While Majority of
Editors
Consider It
to Be Unfair.
OLYMPIA. July 26. (Special.) There
in an underground feeling growing
throughout this state against the direct
primary law. While there has always
been a spirit of antagonism toward it on
the part of professional politicians, the
feeling la now spreading to that large
class of business men that has always
taken an interest In politics in an effort
to get the best men into office.
The objection appears to arise prin
cipally from fears as to the results of the
primaries In September and from the dis
covery of new defects in the act every
few days.
Candidates for state and county of-
flees who speak privately in opposition to
the workings of the law are in the ma
jority, but these opinions are carefully
guarded because of the belief that the
act is still favored by a majority of the
voters at large.
' Majority or Editors Oppose.
;An Olympia man who made a fairly
complete canvas of the newspaper edit
ors attending the convention at Vancou
ver last week asserts that a majority of
th'.'m are opposed to the law as it is ap
parently working out In this state, but
that the newspaper editors are also im
bued with the idea that the people gen
erally want it and will object to its con
demnation. Upon the question as to whether or not
the results of the primaries bear out the
fears of observers of the present situa
tion, will .depend the fate of the act. If
good men are generally chosen for the
positions on the Republican ticket the
opponents of tbe law will be content
with numerous amendments. If the op
posite Is the result, a repeal will be
urged at the next session of the Legis
lature, t
Act Provides Free-for-AlI.
The principal criticisms of the law
are that It provides a "free-for-all"
for men without merit to get on the
primary ticket and endanger . the
chances of the stronger candidates;
that it permits chicanery in the bring
ing out of dummy candidates; that the
second choice provision is so compli
cated that it will result In the throw
ing out of thousands of improperly
marked ballots; that it is not suffi
ciently restrictive upon voters of one
party participating in the primaries
of another; that the method of filing
declarations of candidacy brings about
an undignified scramble for place, and
that the non-partisan judiciary feature
cannot be intelligently carried out
without reading another section Into
the law.
The objection that the primary pro
vides a free-for-all race comes princi
pally from persons interested in the
county tickets. In some counties with
from 1100 to 2000 Republican votas.
there are as many as nine candidates
for the same office. For such office
a vote of 260 or ' less may nominate
a candidate and he is likely to be one
who could not get more than 250 votes
if only two instead of a half dozen
or more were running.
Will Help Democrats.
In numerous localities it is also
feared that the Democrats may take
a hand in nominating Republicans for
county offices. In support of this be
lief it is pointed out that In almost
every county the Democratic candi
dates are holding back until after the
Democratic semi-convention in Tacoma
next Monday.
The plan suspected is that the Dem
ocrats will bring out but one man for
each office in numerous counties, and
thua leave the members of the party
safe to vote the Republican ticket, and
possibly put In several weak can.ti-
dates who can be defeated In Novem
ber. This scheme was tried and worked
In municipal campaigns last Fall and
Winter.
Challenge Is Poor Safeguard.
The primary law provides for the
challenging of voters. In which event
the voter must make oath that he in
tends to affiliate with the party whose
ticket he is voting In the primaries.
The only strength to this section, it has
been pointed out, is the moral respect
held for an oath, as the secrecy of the
balloting in the general election is so
safely guarded that there can be no
opportunity to ascertain whether or
not a certain man violated his oath.
In every county the filings so far
made promise a heavjs ballot for the
consideration of the Republican voters.
For the Republican state ticket 40
names are on file for places, with sev
eral more to hear. from, while there are
but 14 position to be filled. The county
ticket must be added to this with, in
some Instances, as many as SO or more
names, and the second choice feature
and the separate judicial ballot must
b tacked on. and so the task confront
ing the voter is just beginning to be
realized.
One Serious Oversight. "
One of the most serious defects in
the law yet discovered is now under
discussion among some of the best legal
lights of the state. In attempting to
provide for the election of a non-partisan
Judiciary, the Legislature left out
a very Important point. It made no
provision for the manner In which the
names of candidates for Judicial offices
should appear on the ballot in the No
vember election.
In one section the law says that only
the number of candidates equalling the
number of judicial positions to be filled,
who receive the highest number of
votes at the primary election shall be
candidates In the general election, and
that "their names shall appear on the
general election ticket uniicr the des
ignation of such respective offices."
There is no other direction.
In another section the law permits new
parties or those that cast less than 10
per cent of the vote at the last preced
ing election to nominate their candidates
by the convention method. -
Legal authorities are pretty generally
agreed that the minority parties have the
right to nominate judicial candidates.
Members of such parties cannot vote In
the primaries without swearing, if chal
lenged, that they will support the ticket
received from the election officers. In
effect the members of minority parties
are barred from participating in the selec
tion of a non-partisan judiciary. .
The question is next raised as to how
the ' primary nominees for' judicial posi
tions and the selections made by the
minority parties shall appear on the gen
eral election ballot.
If the primary nominees were put under
a separate heading in one comer of the
ballot, most of the Republican And Demo
cratic voters are likely to overlook them,
and there would be a reasonable possibil
ity that some convention nominee would
have the highest vote in the general elec
tion by reason of his more advantageous
position.
It has been suggested that the conven
tion nominees might be put under the
same heading as the primary nominees,
but; then the question is raised as to the
order of the names, while some good
lawyers think that the minority party by
mandamus proceedings could upset such
an arrangement.
The suggestion that the names of the
primary nominees be printed on both Re
publican and Democratic ballots in the
general election is met by the answer
that the general election laws prohibit
the printing of a candidate's name on
more than one ticket.
It has also been suggested that if two
Republicans and one Democrat should be
nominated in the primaries for Supreme
bench, the two RepublV-ans' names should
go on the Republican ticket and the one
Democrat's name go on the Democratic
ticket. The objection pointed out to this
is that as a matter of law the County
Auditors, who prepare the ballots, do not
know the polities of the candidates for
Supreme Judge voted for in the primaries:
Missing Link Apparent.
The omission in the law was called to
the attention of Assistant Attorney-General
I. B. Knickerbocker today. Mr.
Knickerbocker said tat there is undoubt
edly a link missing in the act and that
the question is the most serious one that
has yet been raised concerning the work
ings of the primary election law. The
question has not been formally presented
to the office for an official opinion.
One legal authority here declares that
If the question should go to the courts,
they would either have to read a new sec
tion into the act or else declare the boast
ed non-partisan Judiciary feature uncon
stitutional and void.
POSTMASTERS WILL MEET
Convention in Portland in August.
Some of Speakers.
CORVALL13, Or., July 25. (Specal.)
The- coming convention of Presidential
Postmasters Association of Oregon, to be
held in Portland. August 7 and 8, will be
attended by El T. Bushnell, chief clerk in
the office of the First Assistant Postmaster-Genera!
and by W. R. Hlnman,
assistant superintendent of the depart
ment of salaries and allowances, both of
Washington, D. C. Mr. Bushnell will
address the convention on the subject,
"The postal savings banks and the ex
tension of the parcels post on rural
routes." , Mr. Hlnman will discuss,
"Salaries and Allowances."
Other topics and speakers at the con
vention will be: "Postoffice Manage
ment." Ed Hostetler; "Postoffice Ac
counts," J. S. Van Winkle; "Common
Errors." O. C. Riches; "Fourth-class
Postmasters," M. F. Davis: "Rural De
livery," E. C. Clement; subject to be
selected, T. T. Randall; subject to be
selected, J. WT. Mlnto.
Secretary B. W. Johnson, of the as
sociation, ha3 been notified by the de
partment at Washington that ten days'
leave of absence will be given ait mem
bers of the association who desire to at
tend the convention, and that the rail
roads have announced a one and one
third fare for the round trip. The con
vention takes place in the convention hall
of the Portlana Commercial Club building.
The purposes of the convention are the
betterment of the service In the state, by
study of conditions . and comparison of
notes. The association was organized last
December, and all postmasters of the
first, second, third and fourth class are
eligible to membership.
TEST SUNDAY CLOSING LAW
Proprietors of Candy and Tobacco
Stores Arrested in Roseburg.
ROSEBURG, Or., July 25. (Special.) R.
B. Mathews, Denning & Kent, Ev Rhodes
and E. Jennings were arrested this morn
ing on complaints filed by District At
torney Brown, charging them with viola
tion of the Sunday-closing law. These
men conduct, respectively, a soft drink
and tobacco store, cigar store, tobacco
and confectionery store and a bakery and
confectionery store. Their arrests will be
made a test case, each defendent .will
plead not guilty.
The outcome of these cases is awaited
with great interest. Coincident with the
I filing of these cases. Rev. J. K. Hawking,
pastor of the Metnodist lspiscopai unurcn,
announces that the subject of his sermon
tomorrow evening will be "Blind Pigs
Discovered."
WILLIAM M'MATH DROWNS
Loses Life While Seining for Salmon
on Miller Sands.
ASTORIA. Or., July 25. (Special.)
William McMath. a seiner employed at
the Miller sands, was accidentally
drowned while at work this afternoon.
As" the seine was being hauled In Mc
Math went out to it on horesback. as
he had done many times before. The
horse stumbled into a deep hole, throw
ing McMath in the river, and he sank
before aid could reach him.
The body was recovered shortly and
was brought to Astoria this evening.
The deceased was about 45 years old
and had been employed at the Miller
sands for a number of years. He was
unmarried and his only known relative
Is a sister living at Laurel, Indiana.
Has Used Same Wheel 1 3 Years.
ALBANY. Or., July 25. (Special.)
County Recorder Grant Froman has a
bicycle which he has ridden continu
ously for more than 13 years and which
Is yet in good condition. He has cov
ered more than 22,000 miles on the
wheel and all of its essential pats are
the same today as when he purchased
It in the Spring of 1895. Mr. Froman
has used the bicycle principally In rid
ing between his residence and place of
business in this city. He has made
four long trips with the bicycle, going
once to Elk City, once to Belknap
Springs, once to Cascadia, and once to
Mill City, all hard mountain rides." His
record ride for one day's run is 10S
miles. His cyclometer today registers
16,832 miles, but this was not put on
the bicycle until after Mr. Froman had
ridden It four or five years. .
Bought Liquor for Other Women.
ALBANY. Or.. July 25. (Special. )
That she found her husband Jn a drink
ing resort in Portland in the act of
sending a Manhattan cocktail to a wo
man in one of the boxes was a leading
allegation in a complaint for divorce filed
in the State Circuit Court here today by
Margaret A. Gillett. .Glllett was fore
man of a printing establishment In Port
land until recently, but squandered his
money on liquor, his wife says, so she
was compelled to make a living as a mu
sician. The parties in the case were
married at Oregon City, February 19,
1901.
Special sale fine shoes at Rosenthal'!.
TG WALLOWA IN SIX WEEKS
TRACK-LAYING IS ADVANCING
HALF-MILE DAY.
Elgin Extension of O. R. t X. Being
Rushed to Completion by
Large Force of Men.
WALLOWA. Or.. July 25. (Special.)
The work on the Wallowa extension
of the Elgin branch of the Oregon
Railroad & Navigation Company's lines
Is being rapidly pushed to completion.
Already the road has been extended
some six miles into Wallowa County
and is being advanced at the rate of
over half a mile a day. Engineer Bran
don, who has the work in charge, says
that the road will reach the Canyon
House In a week and will be completed
to Wallowa In six weeks, and that reg
ular trains will be running Into Wal
lowa this Fall.
A large town has grown up at the
mouth of . the Wallowa River, where
the supply depot for the construction
work is located. Over 60 tents and an
equal number of boxcars are used for
houses, a complete water system is in
stalled and an engine empolyed to
pump water from the river. Several
miles of sidetrack are In operation, and
up-to-date machine shops and a steel
bending machine have been Installed.
Several hundred men ' are -employed.
About 60 men work on the steel gang.
A bridge crew is at work putting in
the cement abutments for the perma
nent bridge across the Grand Ronde
River.
It is reported on good authority that
Wallowa will.be made the supply depot
for the remainder of the work as soon
as the steel gang reaches this city.
HUBBARD TREE LARGER YET
Marion County Refuses to Yield All
Honors to Old Yamhill.
HUBBARD. Or.. July 25. (Special.)
The citizens of Hubbard read with
a smile the statement in Thursday's
Oregonian wherein "Yamhill County
claims to have the largest cherry tree
in the state. "Hubbard people wish to
inform the Yamhillers that old Yam
hill Is not the only sun-dog on the
horizon when it comes to big things.
Marion County was barred In the con
test for prizes at the recent cherry
fair at Salem because the contest was
held in Marion County.
In the contest for other honors, how
DIAMOND TIRES
WIN
PQSTALTELEGRAPH
v CLARENCE H. MACKAY. PlCSIDCNT.
TK LEG RiM
J Mrattmn tram-mumi. bniM MTiiit No. mm. . ,
Th Portal TtUgnph-CabU Compgny (Incorporated) transmits and deliver this mwtiqe subject to tha farms and conrittlont printed on tha back J this blank.
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95i sf v 247 1216pm
San Francisco Cal., July 25, 1908
Pac. Coast Rubber Co.,
Portland, Ore. .
"Diamond tires won Glidden tour again. Cost per car on DIAMOND
tires sixteen eighty eight. Cost per car on all other makes sixty
four ninety four. Difference in favor of Diamond forty eight naught
six. Blowouts of Diamond tires five. Blowouts of "other makes fifty
six. Detailed figures on tire cost and results on request. Perfect
scores on Diamond tires nine. Perfect scores on all other makes com
bined thirteen. Penalties on Diamond tires none. Cars voluntarily
changing to Diamond tires enroute two. Cars changing to other tires
enroute none. Total cars contesting for Glidden trophy on Diamond
tires thirteen. Total cars contesting for Glidden "trophy on all
other makes combined seventeen. Total of all cars in tour on Diamond
tires twenty one. Total of all cars in tour on other makes thirty
f ive- And. had the three teams finishing" with perfect scores run off
the tie there would have been five sets of Diamond tires against , four"
of all other makes combined in that contest. The above figures are
impartial and accurate. They speak for themselves. Diamond tires
have won the Glidden tour on tire cost the only cups there were for
tires, every year since the inception of the contest.. The nineteen
naught eight tour . particularly emphasized the superiority of both
Diamond casings and1 Diamond tubes. It showed plainly also that the
Marsh Rim is the only hundred per cent efficiency quick acting rim
C. E. MALHEWS0N
ever, Marion County claims an equal
right with other counties, and if any
of Yamhill County's citizens wish to
see real big things, Hubbard people
will be glad to show them a cherry
tree which exceeds theirs by a foot
and four Inches In circumference and
a foot in spread. Right in town and
Immediately back of the postoffice on
ground owned by Mrs. Sewell, so close
in fact to the building as to be a
serious handicap to the tree, Hubbard
has a seedling cherry tree 30 years
old. as near as can be ascertained,
which measures eight feet two inches
in circumference at two feet from the
ground. Although the limbs have been
cut -back several feet on each side as
well as the top it still measures 43
feet spread and the same -in height.
In measuring the 'tree at a point two
feet from the ground it was measured
at Its smallest circumference. Imme
diately above this point the tree be
gins to bulge, as its huge limbs fork
two feet higher up. The tree has
never neglected its duty at harvest
time, and although no record has cayer
been kept of Its yield It would be
hard to find a tree more loaded than
this one is annually, nor a prettier
sight at blossoming time.
TURNS DITCH ONTO LAND
Experiment In Irrigation Being
Made Near Hlllsboro.
HILLSBORO, Or., July 25. (Special.)
A. P. Stover, Irrigation Engineer for
the United States, has just finished put
ting water, out of a branch from the
east fork of Dairy Creek, on 50 acres
of land on the George R. Bagley ranch,
four miles northwest- of this city.
This is the largest irrigation experi
ment made by the Irrigation Depart
ment in the Willamette Valley and the
outcome is being watched with inter
est. The land irrigated is very pro
ductive without water, but it is ex
pected to produce a great deal heavier
with water turned on in July and"
August. -
Water was turned on in the laterals
yesterday and the engineering proved
highly successful. With an expense c
about $400 an additional 50 or 60 acres
can be thoroughly irrigated. The ranch
is being" used for dairy purposes and is
known as the Dudley Mill ranch. It
Is understood that ' the "60 1 acres fur
nishes the scope of Uncle Sam's experi
ment. CARD OF THANKS.
We desire to express our sincere
thanks to the many friends who ten
dered their sympathy and assistance
during the recent death of our beloved
child, Maudie.
C. T. MALOTT AND
ELLAN MALOTT.
GLIDDEN TOUR
MIli-PATCH SUIT DRAGS
COURT ADJOURNS BECAUSE OF
M'BRIDE'S ILLNESS.
Attorney Fenton Lays Claim to Rails.
Carey Asks If He Wants Them
for Harrlntan.
HILLSBORO. Or., July 25. (Special.)
After three days of trial the Oregon
Electric condemnation case against, David
Reghitto, et al.. is still in court. Ad
journment was taken today, owing to the
acute illness of Judge McBride.
The owner of the land asks for $18,000
for damages to the land by virtue of the
line crossing the land, near Beaverton,
this amount to cover the loss of the les
see of the place, who has the garden
place rented for a term of years. Two
acres are involved, and .testimony dis
agrees aa to values, some witnesses testi
fying that the land is worth $200 an
acre, while others have sworn to values
as high as $3000 and $4000.
One of the features of the trial was
the bringing out of a point of law cover
ing the ownership of the 1400 feet of ties
and rails laid on the disputed property.
The company entered the premises, and
graded and laid the rails before condem
nation proceedings were filed. Messrs.
W. D. Fenton, Rufus Mallory and E. B.
Tongue, counsel for tjie Reghittos. con
tended that the ties and rails became real
estate, and that in the matter of dam
ages, the Oregon Electric would be com
pelled to buy back the material. They
sustained their contention -with many
authorities, but Judge McBride decided,
under the circumstances, that he was
justified in holding contrary.
The anomaly of Mr. Fenton. the well
known Ha.rriman attorney, of Portland,
appearing as counsel for a farmer, as
against a corporation, provoked interest,
and Judge Carey facetiously asked Mr.
Fenton If he wanted the rails for Mr.
Harriman.
DEATH ROLL IN NORTHWEST
Stephen Mcrlau, Well-Known Resi
dent of Lane County.
EUGENE, Or., July 25. (Special.)
Stephen Meriau, a well-known resident
of Lane County, died at his home on'
Seventh and Washington streets- this
morning at 10:30. Mr. Meriau was a
native of Canada. He was over 78
years old. and since he moved to this
county, to the place known as Meriau's
Park, has taken a prominent part in
COMMERCIAL CABLES
the affairs of the community. Besides
his wife, he leaves five children, as fal
lows: Mrs. Nettie Ryan, of this city;
Mrs. Theodora Churchill, of this city;
Mrs. Clara Heyer, of South Dakota;
Mrs. Mae Baker, of Salem, and Mrs.
Lila Bushnell, of Eugene.
- i m
AIMS AT DEER, KILLS UNCLE
Ralph Mosberg Accidentally Shoots
Jerome Renne Near Creswell.
CRESWELL, Or., July 25. (Special.)
Jerome Renne, a well-known resident
of this vicinity, was accidentally killed
this forenoon by his nephew, Ralph
Mosberg, who shot at a deer, but the
bullet took effect In his uncle's body,
resulting in his death soon afterward.
Mr. Renne, who is a one-armed man,
went into the hills five miles west of
Creswell to hunt for a lost cow. His
nephew took a gun and was hunting
for deer, when he saw one and fired.
He supposed he had hit the animal, and
on investigation, found that the bullet
had struck his uncle, resulting fatally.
The boy at once ran to some neigh
bors, giving the alarm, and Coroner
Gordon was sent for at Eugene.
BIBLE SCHOOL PERMANENT
Summer Session at Albany to Be
Annual Affair.
' ALBANY. Or., July 25. (Special.)
At a conference here this afternoon at
tended by people from many valley cit
ies it was, definitely decided' to make
the Summer Bible school an annual
event here. Plans, will begin at once
for a school next year on the same plan
as this year's successful session. An
organization to handle the 1909 gath
ering will be formed Monday. The
present school will conclude Its work
next Monday evening.
Albany Good Roads Delegates.
ALBANY, Or., July 25. (Special.)
The Albany Commercial Club has ap
pointed the following delegates to at
tend the Good Roads Convention in
Portland.' August 11: B. I. Dasent, A.
C. Schmitt. ex-County Judge C. H.
Stewart. County Judge J. N. Duncan
and George Taylor. County Judge
Duncan has appointed the following
delegates from the county at large: J.
V. Pipe, of Albany; M. L. Forster, of
Tangent; D. H. Pierce, of Harrisburg;
W. L. Wallace, of Lebanon; T. C. Isom,
of Brownsville,
At lut count there were l,.118,UOu pereoni
in India dependent oo atate aid.
PLAY BULL, SAYS PREACHER
REV. PHIPPS DOES NOT OBJECT
TO SUNDAY GAMES. ' '
Lectures to Wallowa Sunday School
Convention Meeting Best of 2 3
Held In County.
WALLOWA, Or., July 25. (Special.)
The twenty-third annual convention
of the Wallowa County Sunday School
Association closed Its sessions here
yesterday after one of the most en
thusiastic and successful meetings In
Its history. Nineteen delegates from
other Sunday schools, besides the mem
bers of the three local Sunday schools
and numerous other guests, were pres
ent and enjoyed the lectures and dis
cussions. The convention assembled Tuesday
evening and held sessions Tuesday
evening. Wednesday forenoon, after
noon and evening and Thursday fore
noon. Rev. Charles A. Phlpps, of Port
land, state field worker for the asso
ciated Sunday schools, was presenc and
led the discussions.- He lectured Tues
day night on "The Real American
Boy," and during the course of his
lecture came out strongly in favor of
the. National game.
"Don't complain about Sunday base
ball," he said, "encourage Saturday
baseball. Give the boy something bet
ter and he will stop Sunday baseball. .
Reach down Into your pocket, help him
buy suics for his team, and then take
Saturday afternoon off and go and
encourage him. If you attend the Sat
urday afternoon game, he will want to
play on Saturday afternoon. Win the
real American boy through the real
American game."
Rev. S. C. Adams, of the Presbyterian
Church, of Enterprise, lectured
Wednesday night on "The Force, the
Field and che Worker." A basket din
ner "and supper were served Wednesday
on John McDonald's lawn and all.
guests were cared for throughout their
stay by the committee on entertain- '
ment.
The next convention will be held in
June of next year at Enterprise.
Two New Irish Universities.
IXJNDON, July 25. The Irish University
bill was passed in the House of Commons
today by a vote of 207 to 19. amid loud
cheering, in which the Nationalists took
the lead. The central Idea of the meas
ure Is to found, by royal charter, two
new universities in Ireland with head
quarters in Dublin and Belfast.