THE SUNDAY OREGONIAN, PORTLAND, AUGUST 23, 1903.
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1B08.
THE PAST IX THE PRESENT.
Neither Mr. Taft nor Mr. Bryan is
"running" solely on the platforms of
the present year. Both are on past
platforms more than on the present
ones. For a political party is not to
be Judged solely, nor even chiefly, by
Its declarations of today. Rather it
la to be Judged by or upon Its whole
course and history. The gTeat bulk
of the vote of the United States in No
vember next will be cast for party,
with far more reference to the general
character of parties, as shown by what
they have done or attempted hitherto,
and by what Judgments have been
passed on them, than by anything
their platforms may declare,' at the
present time.
There is nothing very striking in
either of the platforms at the present
time. The differences between" them
are not.vltal; there Is nothing so dear,
or so sharply cut, as heretofore, dur
ing two generations. All but a very
small fraction of Bryan's vote will be
cast for him, because of the .party
name; and the same will be true of
the vote- for Taft. It is easy to say
that the name of a party Is nothing.
But K is a symbol that presents a con
crete reminder of what a party stands
for and has stood for, in the general
course of Its life. Words and names
come to mean things, and to stand for
things, in the most powerful and im
pressive way. Words and names rule
the world.
Taft will get credit, to the extent of
millions of votes, for what the Repub
lican party has stood for, and fought
for, and accomplished, during fifty
years. Bryan will get credit, to the
extent of millions of votes, because he
Is the present representative of the
historic opposition to the Republican
party during this long period. Com
paratively few will vote for either
candidate for reasons different from
these. If Bryan is at disadvantage In
such a situation it is because the creed
and policy of his party are disap
proved, and in many things even de
: tested. Nine-tenths voting against
Bryan this year will remember the
' terrible fight it was necessary to make
for honest money, against his leader
ship for free coinage of silver, at a
-fraudulent ratio; and the memory of
' not a few will run back much further,
' to the struggles without number,
j when the Democratic party was re
: Jected by the countr'p under the be
' lief that Its policy was ruinous.
Taft and Bryan, therefore, are not
running" merely on the platforms of
the present year, but much more on
the platforms of many years; for par
ties are divided. In the main, on re
membrance of the incidents and events
which make up the history of the
country, and the name of a party be
comes a concrete expression, which
carries to the general voter's mind the
reasons that guilds him and require no
argument.
HOUXESS.
Holiness is doubtless a very fine
possession if one happens to get hold
of the right kind. The wrong kind
seems to be anything but fine. Two
Instances of the wrong kind were re
ported in The Oregonian the other
day, and. Judging from the conse
quences which It produced, we are
constrained to say that as between bad
holiness and bad whisky, give us the
whisky. It would be decidedly lees
destructive than the holiness. Mrs.
Morrison, of Salem, after taking on an
oversupply of this mischievous stimu
lant, deserted her husband, fled from
home, and carted off her goods and
chattels under the protection of a po
liceman. How much more seemly
would it have been had the policeman
held ' this good woman in his arms
while1 her husband applied that mod
erate chastisement which Blackstone
says is lawful. . To get rid of this per
nicious species of holiness there is
nothing so surely effectual as a good
switch or a ducking stool.
Mrs. Morrison said in explaining
her conduct that "God had command
ed her to leave her husband. To live
'. with Mm any longer would be a sin."
Robert Laughlln, of Klamath Falls,
who cut off his hand a couple of days
ago in a fit of holiness, also said that
he had been commanded to do it by
the Almighty. It would be a queer
deity who would command people to
do acts so silly. How shall we account
for these monstrous deeds done under
the name of religion? Perhaps we
cannot explain them completely, but
it is hardly doubtful that the old-fashioned
concept of the deity is more or
less to blame. Following the accounts
in the primitive books of the Bible
the Almighty Is popularly presented as
an irrational being, vengeful, passion
ate, fickle and bloodthirsty. He is pic
tured with all the undesirable charac
teristics of an Oriental despot, and It
Is entirely In keeping with such a
character that he should command
people to do foolish and wicked acts,
such as deserting a family or cutting
off a hand. Mrs. Morrison and Rob
ert Laughlln, In doing what they did,
were simply carrying a popular idea
of the deity to its logical outcome. It
is no more unreasonable to command
a man to cut off his hand than it
would be to condemn him to everlast
ing fire.
For that state of mind which our
Salem friends call holiness the true
name is fanatical superstition. It is
rot religion, nor anything like religion,
and the being whom It calls God Is
nothing better than a hideous carica
ture of the Almighty as he really ex
ists. The -deity who loves righteous
ness and mercy would not countenance
attch folly 'as Mrs. Morrison commit- ,
ted. Genuine religion tends to
strengthen the ties between man and
wife, not to break them. It aims to
make men strong, healthy and happy
Instead o maiming them. In the last
analysis there Is very little difference
between true religion and common
sense. Did not the prophet Micah de
clare that true religion Is "to do
Justly, to love mercy and to walk
humbly with thy God?" What is this
but the highest common sense? Cer
tainly, If Micah was right, then the
teachers who have put these outland
ish notions Into Mrs. Morrison's head
are wrong. They have been leading
her to practice deviltry Instead of
piety.
THROUGH CENTRAL OKEGOX.
A railroad Is soon to be built
through Central Oregon by Mr. Har
riman. It is not certain yet that Its
route will be north and south, or east
and west, though the north-and-south
line appears now to be preferred. All
that Is a matter of detail, however,
and will be arranged later. The Im
portant fact Is that the road is, or Is
to be, a certainty, if the route is not.
We are not unmindful that Mr. Har
riman long ago promised definitely to
build through Central Oregon, and
there was reasonable expectation, as
there was undoubted need, that the
railroad should be built long ere now.
But nothing was done, beyond the sur
veys, for years. Nothing could be
done, perhaps. We shall be willing to
think that circumstances, and not
negligence, or indifference to the in
terests and deserts of Oregon, caused
the delay, if the project shall now be
carried forward with expedition.
Therefore, bygones are bygones, the
present only need be thought of, and
the future Is before us all.
It is pleasing to feel that Mr. Har
riman has an abiding Interest and an
abounding faith in Oregon. He should
have, indeed. He has a duty, too, and
a responsibility that he is evidently
going to discharge in the fullest and
most satisfactory manner. .
LETTING THE SOITH ALONE.
If it were not for the South, South
ern feelings and Southern prejudices,
we should hear a great -deal during
the campaign about the Brownsville
affair. The wrongs of the oppressed
and outraged negro soldiers would be
subject of many tearful talks and
plaintive appeals 'by Mr. Bryan. But
he doesn't befriend the negro, or
rather attempt to pose as his friend
and advocate, because he doesn't dare.
Thers is no other reason. The South
wouldn't stand It, and the South la the
backbone of the Democratic strength.
So. too, Bryan is the champion of
the laboring classes and labor legisla
tion In states where the South may be
safely left out of consideration. Tou
won't hear Mr. Bryan shouting
through the South about child-labor
laws, or convict labor, for example, or
talking about anything that Is likely
to offend the sensibilities of the aris
tocratic landowners and mlllownera
and manufacturers of that section. He
needs the South, and the South doesn't
need him.
Charles A. Walsh, formerly secre
tary of the National Democratic Com
mittee, has made public a letter set
ting forth some reasons why organized
labor should not support the Demo
cratic party. He says:
In the Southern states the Democratic party
has alwaya controlled the lawmakers. I want
to fairly call your attention to the labor legis
lation of the various states and make tha
charge, the truthfulness of which will be rec
ognized by every man. that, speaking gen
erally, no section of this Union baa poorer
laws for the protection of labor than those
statea alwaya known aa Democratic la no
other mates do we And worse conditions as
to child labor, the farming out of convicts
to contractors and other abuses.
Thus we see what the Democratic
party does for labor when It is In full
control of the lawmaking power.
Southern Democrats waste little time
splitting hairs about consent of the
governed. They govern.
A PHASE OF FEMTXTlfE SF.LKISHNEPS.
Yesterday's mallbag contained the
following communication from a resi
dent of Willamette Heights, who
asked that his name be not published:
Permit me through your columns to voice
my indignation over an Incident that I aaw
oa a v car yesterday. i nour
6:41; front and baok platforms crowded with
men; about thirty women and one grey
beard seated inside: at Tenth and Morrison.
a pale-faced, neatly dressed woman, evidently
In weak condition, probably, convalescing rrom,
recent Ulneaa, boarded the car, accompanied
bv four clean children, the youngest a babe
In arms. Sh "herded" the three who were
large enough to walk, but seemed to lack
sufficient strength to reach for a strap to
steady herself aa the car turned curves. A
blind man could see she waa very tired, and
yet not a female passenger offered her a
seat. I am sure that half the women were
under 90 and several of them not over 20.
Half a mile farther on. one woman left
tbe car and the remainder "spread out" at
or.ee. Two blocks more, the same thing1 was
repeated on the opposite aide of the car, and
this poor woman was allowed to at and until
she. got off after wa paased Good Samaritan
Hospital.
I am not starting1 out to reform the world;
still I am not without hope of awakening
latent sympathy that lives In every human
breast. Publication of this letter by The
Oregonian cannot fail to aid my effort. No
woman with a babe In her arms should be
allowed to stand In a Portland streetcar.
Neither this correspondent, nor The
Oregonian, nor all the altruistic forces
in Portland will succeed in curing the
sin of selfishness that manifests itself
among certain adult females in public
conveyances, except by personal re
buke to the individual and putting her
to shame. Appeal to her finer nature
seldom meets with response. It is
unusual, not to say rare, for a woman
Mr. Edward Bok's Journal of Civil
ization would use the word "lady"
to yield a part of her rights In a
streetcar or an elevator merely to ac
commodate another woman who hap
pens not to be on her calling list.
Let, say, eight women be occupying
one side of a car, each taking up all
the room "the law allows." Enter
ninth woman. The seated eight, re
garding her as an Intruder and a
disturber of their comfort, stare.
Tardily and reluctantly complying
with her unspoken demand for room
to sit down, they "edge along," and
No. 9 settles herself In a satisfactory
state of mind. Enter tenth woman.
She searches for a vacancy. There is
ample room for fifteen women on
each side, yet no one moves. Number
9 is sure to toe especially rigid, saying
to herself: "I'm comfortable; let
No. 10 rustle for a seat." She ignores
entirely the obligation she is under
to repay a cold-hearted courtesy that
was extended to her a minute before.
Don't we see this comedy enacted a
thousand times every day from 5 to
6 o'clock? In elevators this selfish
ness is shown from morning until
nlKht, and la mare sharply marked
than in streetcars. The average
woman stands near the door and re
fuses to step to the rear when others
enter. Self-asserting women, whose
numbers are steadily increasing, plant
themselves at the entrance and thus
Incommode every passenger going
into or out of the cage. The elevator
boy and the conductor are not clothed
with police or monitory powers. Po
lite requests from them fall on deaf
ears. The female doesn't yield; she
doesn't have to. So this selfishness,
with no means to check it, grows, per
haps unconsciously. Into a fixed habit.
Men. too. are selfish in various
ways, but they have learned that
while they are traveling It pays to
"give and take." Where they are
crowded within limited space, whether
they are laborers, merchants, , Just
young "fellers" or professional men,
a disposition to regard the rights of
others prevails.. It is not Instinctive,
but the happy result of experience
gained by contact with the world. For
a familiar example, note the conduct
of the multitude going to and from
a Sunday baseball game. For con
trast, ask the woman who has ever
traveled in a Pullman with fifteen
.others of her sex about selfishness in
the use of the toilet-room.
And the sad phase of this sin of
selfishness is that the woman guilty
cf it knows better. In her home and
among her friends her first thought
is for those bound by blood and af
fection. On the streetcar, as if by
magic, she becomes a creature self
centered in her own comfort All the
other women on the car, except -some
one she knows, are aliens. The small
minority regardful of the sensibilities
of others are' insufficient to leaven the
selfish majority.
In the case mentioned by our cor
respondent, a carload of women are
Indictable for entire lack of sympathy.
At least one out of the thirty should
have ' volunteered to lighten the
woman's load by giving her a seat. A
man with a babe in his arms entering
a at rc&tn r- rrnwrlpri with men
1 wouldn't have had to wait two sec
onds for a place to sit down.
rRAULEIX SCH.YIDT.
The latest book 'by the author of
"Elizabeth and Her German Garden"
Is called "Fraulein Schmidt and Mr.
Anstruther." The heroine, Fraulein
Schmidt, was the daughter of a Ger
man literary man, whose industry was
great and his profits small. Up to
the time when the story opens his
books had been an expense to the
family treasury, and throughout its
progress he was laboring on a monu
mental work for which his daughter
shrewdjy suspected he could never
find a publisher. To eke out their
exiguous means the Schmidts were
In the habit of taking in an English
boy now and then who wished tp
learn German. Mr. Anstruther was
such a youth, though he was not
exactly a boy. His connections were
noble, his wealth abundant and his
heart susceptible. Frauleln Schmidt
was sweet, sensible and wholesome.
What could have ween more natural
than a romance between them which
gradually ripened from Platonic af
fection to English love? At the end
of his year at the Schmidts', when Mr.
Anstruther was on the point of de
parture, he proposed to the daughter
of his humble tutor, and was accepted,
Thus the book begins.
It consists of the Frauleln's letters
to Mr. Anstruther from the day of
his leaving for England until eternal
silence fell . between them, a period
of about a year. The first epistles
express her rapturous Joy In their en
gagement. "Ich kann es nlcht fassen,
nicht glauben. Es hat ein Traum mlch
beruecht." She couldn't understand
. it, she couldn't believe it. Like the
girl in Schumann s song, Fraulein
Schmidt thought a dream must have
deceived her. It was impossible that
such a grand gentleman should have
exalted and happlfied a poor creature
like herself. And in truth, it wa a
dream, nor was it a very long one,
either. After three or four delirious
letters the next ones begin to hint
that Mr. Anstruther's love is cooling.
Presently it comes out that he is en
gaged to an English damsel of lofty
birth, and Fraulein Schmidt is rele
gated to the limbo of discarded sweet
hearts. It is at this critical point that
the singular flavor of the extraor
dinary book becomes apparent. The
Frauleln does not lament. She does
not reproach, or accuse. She simply
understands.
She reads Mr. Anstruther like an
open page in the largest and clearest
type. She tells him indeed that he
has little strength of mind, but only
as one stating a scientific truth. The
Fraulein analyzes her recreant lover,
and is then ready to let him pass for
ever, but he is of a different mind.
Though his passion has cooled, he
still values Miss Schmidt for her
colossal common sense, and wishes the
letters between them to continue.- So
they do, and one may say confidently
that the correspondence, or rather
Miss Schmidt's "part of it, which is the
enly one the reader gets directly, is
without a parallel in literature.
Plenty of writers have portrayed
sensible men. Jane Austen has de
scribed a sensible woman or two, and
so has Dickens, but they are
all different; David Oopperfield's
Agnes Is something like Frauleln
Schmidt. Agnes is sentimental with
all her capacity for affairs. Fraulein
Schmidt is Bentlmental, too, but not
in Agnes' orthodox way. Her senti
ment takes the singular form of the
power to assign their genuine values
to persons and things. It Is an aid
to common sense which it never ob
scures, tout renders always more acute
and piercing. Nothing deceives her,
nothing In the way of motives is hid
den from her. No conventional esti
mate of things or conduct misleads
her. She has resolved not to let love,
whether fortunate or thwarted, spoil
her life. Love, after all, is an inci
dent, which, like everything else, dis
turbs one for a time, and then takes
its place among other incidents.
Washington Irving in one of his
sketches says this is true for men, but
not for women. To women, says
Irving, love is' the whole world, while
to men it divides place with ambition,
the desire for wealth and many other
things.
Frauleln Schmidt had made up her
mind that It should be true, for at
least one woman as well as for men.
She rooted love out of her heart with
out much apparent difficulty, and set
about getting as much enjoyment as
she could from her narrow, pinched
life. In doing so, she made several
Interesting discoveries. One of them
was that her life of poverty, passed in j
a lonely cottage wlih a leaky roof on J
a steep hillside, was neither narrow
nor pinched, but broad as the unl
verse. She had the days of Spring,
she had the pensive calm of Fall. The
sun was hers and the stars. Sunshine
and torm, trees and flowers she had
Above all, she had freedom. There
was nothing in the wide, wide world
to hinder Frauleln Schmidt from be-
ing herself. She found that in things
like these lay the true values. They
were what is worth while, and the
ordinary objects of ambitious striving
are but delusions. Of course, all this
is true. It is so obviously true that
writers have been saying it in one
way and another since time began.
The story of Fraulein Schmidt Is only
Fitzgerald's "Book of verses under
neath the bough" over again, but the
philosophy Is put with a truth and
convincing power that one sometimes
misses.
The cynic will say to be sure that
the Fraulein did well to make herself
as happy as she could in her bereave
ment, but, if she achieved a passable
Imitation of contentment. It was only
because she could get nothing better.
Unluckily for the cynic,, the author
has looked out for that. Mr.
Anstruther presently wearied of his
exalted lady love, who had surrepti
tiously made off with a duke, and
humbly besought for a return of
Frauleln Schmidt's affection. . But he
besought in vain. She had found hap
piness on her lonely hillside, and she
was not to be persuaded to forsake it
When he persisted in his suit, she
abruptly broke off the letters, drop
ping him into infinite forgetfulness.
The reader closes the book with a
sigh. Was the Frauleln right, or,
after all. Is there something besides
barren hillsides which most of us
must have to make life endurable?
"ON OATH A3fl OX HONOR.
Those persons who insist that It is
Unconstitutional to compel a citizen
to disclose his party affiliations before
permitting him to vote in a party pri
mary should remember that the prac
tice in this respect was not changed
by enactment of the primary law.
Before the primary law was enacted,
no man could take part in a Repub
lican primary without declaring him
self a Republican. True, he did not
do this under oath, but he did It,
nevertheless. He could not ask the
privilege of voting in a Republican
primary without announcing himself
as a Republican. But there were
frauds under that system. Men who
were not Republicans, and who were
unscrupulous, would sometimes attend
Republican primaries and vote there.
The primary law was enacted to put
a stop to this, among other evils, and
it was particularly provided that be
fore a man can toe permitted to vote
In the primaries of any party he must
swear that he is a member of that
party.
But this provision did not remedy
Jhe evil. The framers of the law did
not know that a man who will He
about his party affiliations in order
to get into a primary where he does
not belong will also swear to the He
for the same purpose. Hence the
frauds are continued, though perhaps
they will not always be so numerous
as they were in the election last
Spring. Some way may be devised to
prevent men from voting illegally, but
the perfect method has not yet been
discovered or Invented. So long as
frauds continue, we shall have elec
tions that do not mean what they
appear upon their face to mean.
The law which requires a man to
register his party affiliations before
voting in a party primary is a good
one. It does not compel any man
to vote in any particular party pri
mary. It leaves him free to choose
his party or to affiliate with no party.
But it expects him to stay out of a
party primary unless he is a member
of that party in good faith. That has
always been the rule, but formerly
each voter was put upon his "honor.
Now each is put upon his oath, and it
appears that many have as little re
gard for their oath as they have for
their honor.
HOW SHALL WE ELECT SENATORS?
Retirement of a number of the
United States' Senators who have faith
fully served the "interests" will go far
toward relieving that branch of Con
gress from the unfavorable position It
long has occupied in the public mind.
Too long the- Senate has been in the
control of men not only dishonest, but
stupid. Apparently the corporate In
terests were able to administer some
sort of "dope" to . men of previous
good reputation which "had the effect
of dulling their moral sense and stupe
fying their minds. They not only be
came unfaithful to their trust as rep
resentatives of the people, but could
not see that their course meant ulti
mate political defeat for themselves.
They not only brought discredit upon
themselves, but created prejudice
against the Senate as a whole. They
made the name of the Senatdrial of
fice almost synonymous with corrup
tion. The founders of the Government
provided for the election of Senators
by State Legislatures, knowing that
thereby one branch of Congress could
be maintained comparatively free
from the Influences of temporary pop
ular upheavals. This plan was de
signed to make the Senate a balance
wheel which would prevent the legis
lative department from running wild.
But in the course of time tha Senate
ceased to be a restraining power
guarding the welfare of the people
and became a representative of the
interests opposed to the people. Hence
arose the demand for popular electiqn
of Senators. That demand will prob
ably continue until it has been ful
filled by an amendment to the Consti
tution, and yet it may be doubted
whether the change will prove to be a
satisfactory one. Paradoxical as it
may seem, the people need an Influ
ence to protect them from themselves.
The Constitution itself was framed not
only to protect the people from tyran
nical rulers, but to guard against the
consequences of hasty and ill-advised
popular movements.
Because the Senate has become sub
servient to special privilege there Is
demand that the manner of electing
Senators be changed. The change,
when accomplished, will very likely
give us a Senate responsive to every
shifting breeze of public opinion. But
there seems no other way to make the
Senate represent the interests of the
country as a whole rather than the
selfish interests of the few. Experi
ence will teach us whether it is a
lesser evil to have a Senate yielding to
every temporary public clamor than
to have one not faithful to public
duly, . UmiPflU.oa at.icma ..el ;Uuu.
leaders who nave been responsible for
the attitude of the Senate may change
the position of that body In the est!
mation of the people and diminish the
demand for popular election of Sena
tors.
WRONGS BY THE COURTS.
When Judge Grosscup rendered his
decision in the Standard Oil case only
President Roosevelt and a very small
number of newspapers had the cour
age to declare publicly that the de
cision was a miscarriage of Justice
Gradually others are getting over their
scared feeling, and are saying what
they think about it. Attorney-Gen
eral Hadley, of Missouri, Is one of the
latest to make his views known, and
he has done it In no uncertain terms,
Even if he had used less vigorous lan
guage than asserting that the appel
late court was "either blinded by prej
udice or by an unfortunate disposition
to obscure the merits of a controversy
by strained and irrelevant technical!
ties," he would have shown sufficient
reason for radical changes in the prin
ciples governing the duties of appel
late courts. Whether one believes that
the court was prejudiced or not, there
can be little doubt that there should
be a statute limiting the right of an
appellate court to reverse trial courts.
As Attorney-General Hadley well said,
no judgment in a civil or criminal case
should be reversed unless the court
can affirmatively say upon the entire
record .that the Judgment Is for the
wrong party and that but for the error
complained of a different Judgment
would have been rendered.
This seems entirely reasonable. If
the proper verdict has been reached
what difference does it make if a few
minor errors have been committed by
the trial Judge? One of, the incon
slstencles of legal principles is that we
presume an accused man to be inno
cent even after there is some evidence
of his guilt But when a trial Judge
makes any error in the admission of
evidence against a defendant, or who
varies a little from precedent In giv
ing instruction to a Jury, it is pre
sumed that the error was prejudicial
to the interests of the defendant. The
appellate court does not look to see
whether the evidence shows the man
guilty the presumptions are all In
favor of the defendant and against the
trial judge. Sometimes the very
slightest variation in language which
could scarcely mislead any jury as to
the guilt or Innocence of an accused
man forms the basis for a reversal. A
second trial usually results In ac
quittals
Now that an occasional lawyer has
mustered courage to siy what he
thinks about the Standard Oil decision
and about the faults of our system of
Jurisprudence, perhaps the way is
opening for reform.
WATEn RIGHTS AND TITLES.
In addresses which he has been de
livering at Development League meet
ings in Western Oregon, State En
gineer John H. Lewis has been urg
ing the need for legislation upon the
subject of water rights. While this
is a subject of greater interest in
Eastern Oregon, it is rapidly becoming
important in Western Oregon, where
water powers are being developed and
where the advantages of Irrigation
are becoming known. Because each
section of the state desires that the
industrial welfare and general pros
perity of every other section be ad
vanced by every means possible, It is
a subject that will be of Interest even
In the coast counties, where no irriga
tion is ever thought of. The immense
value of water for irrigation and for
use as power Js not yet fully appre
ciated, but enough is known of the
latest wealth hidden in this natural
resource to convince any observant
man that Oregon has been negligent
in enactment of laws governing title
to water and the use thereof. The
addresses toy Mr. Lewis wtll give the
people of the state a better under
standing of the entire subject, and
whether legislators shall or shall not
agree with all his ideas In detail, there
will be general acceptance of the
main scheme of making titles to water
certain and preventing the waste of
water.
When it is said that title to water
should be made certain, it is not as
sumed that all litigation concerning
water can be avoided. What is meant
Is that title to water should be as
definite and Certain as the title to
land and the record of the title should
be no less complete and accessible
In a great many instances the title to
water is more valuable than the title
to the land upon which it is used. It
is entitled to the same protection ot
law. It is clear that, as a man's' own
ershlp of land is described by metes
and bounds and the description re
corded where everybody interested
may see it, and whereby the title
may be proven, so a man's right to
the use of water should be measured
by definite and well-known standards
and the extent of his right should be
a matter of record. The Government
makes a survey of land, and prepares
plats and other records showing the
quantity and location of all land sub
ject to settlement or purchase. It
prescribes the conditions upon which
that land may be acquired and the
proceedings necessary to be observed
in such acquirement. It defines the
manner in which title to land may be
conveyed and the evidence which
shall be sufficient to prove such con
veyance. It make trespass upon
land or injury thereto a crime and
punishes such crime -by prosecution
at public expense. Every one of the
governmental acts concerning land is
Just as necessary in relation to the
use of water, and no reason can be
given why there should be discrimina
tion. If it is a crime to tear down a
neighbor's fence, or steal his growing
crops, it should also be a crime to
divert the stream of water which he
is entitled to use or to interfere with
that use in any way. It is the duty of
the Government to protect its citizens
in enjoyment of their property, and
water rights are property as much as
are land rights. '
Originally water belonged to the
public. Just as land did. Government
exercised the right, to declare how
much land each individual might ap
propriate from the public domain and
upon what terms. Ordinarily settle
ment and occupancy for a period of
years was the chief condition imposed.
In a way, use of the land was the
theory upon which a man's acquire
ment of it was based. It was not
required that such use should be per
petual in order to make title per
petual. Quite likely we shall some
day reach the conclusion that every
man's title to land should be limited
to tha qyantlfcf.-lie can-put to bene
ficial use, and that his title (mould be
forfeited to the public whenever that
beneficial use shall cease. But
whether that Is a wise principle in
regard to land or not, we have come
to a very well settled conviction in
this Western country that a man's
title to water should be limited to the
quantity he can put to a beneficial
use and that abandonment of the
beneficial use shall constitute aban
donment of the title. Government has
a right to impose this condition upon
acquirement of title to water, and it
is wise that the condition should be
established. No man should be per
mitted to exercise the right to de
mand that water shall flow unusued
in its channel. His right should cease
unless he makes use of it within a
reasonable time. "Very probably it
would be much better for this country
If it were made Impossible for any
man to retain title to land, and let It
lie idle year after year with no definite
plan that it shall ever be used.
The first essential in regulating the
title to water Is the same as In regu
lating the title to land to make a
survey in order to determine the
quantity and location. The amount
of water flowing in a stream at any
particular place can be determined as
definitely as the quantity of land lying
between two mountain ranges. When
the total quantity has been ascer
tained, it becomes possible to deter
mine each individual's portion and
the quantity remaining unappropri
ated. The survey must be the basis
of the apportionment of both land and
water. After this has been estab
lished and definite rights have been
acquired, there will be little difficulty
in protecting each Individual In the
enjoyment of that to which he is en
titled. Trespass upon water rights
will be no -more frequent than tres
passes upon land, when individual
rights in the one have been made as
definite as in the other. It should
require no larger or materially dif
ferent force of officers to prosecute
in one class of trespassers than is
required in the other. Evidence as
to a man's right and title to water, if
made a matter of record, is as clear
as evidence of title to land.
When water titles have been made
definite and certain, and have been
guaranteed, the same governmental
protection that is accorded to land
titles, there will be strong induce
ment for homeseekers and manufac
turers to come here and appropriate
or purchase water rights for irrigation
or power purposes. The development
of the resources of the state requires
that valid title to all kinds of property
be protected by law.
In the past generation, or since the time
of Grant, the Methodists and the Presby
terians have been far more represented than
all other denominations put together In the
White House and among Presidential candi
dates. Grant, Hayes and McKlnley were
credited to the Methodists and Tllden, Blaine.
Cleveland, Harrison and Bryan to the Prea-
byteriane. Greeley was a Unlversallst. al
though varloua kinds of eccentric, ethical and
religious Ideas were attributed to htm; Gar
field was of the Campbellltes, and once had
been a preacher among; them; Arthur had
Episcopalian affiliations and Roosevelt la ot
the Dutch Reformed stock. Chicago Journal.
The great chiefs of the Democratic
party, Jefferson and Jackson, were
"Inifidel";" and Lincoln, if anything,
was a Unitarian in belief, or perhaps
better called a Theist.
A little girl on Friday offered Em
peror Wllhelm a picture of himself for
ten pfennig, or of "Wllhelm and
King Edward for fifteen pfennig."
Whereupon, says the faithful Court
Boswell, in narrating the incident, the
Emperor remarked: "By myself, you
see, I am worth ten pfennig, but when
Joined to another I am worth only
seven and a half." That is for Eng
lish and American consumption, of
course. What the Emperor really
said, no doubt, was: "How in the
name of all my royal ancestors does
anyone make out that King Edward
is worth five pfennig?"
I am making my first Inspection tour
through Oregon and am viewing all the Har-
rlman properties. Of course we expect to put
this road through aa soon ae practical, and
therefore I am Interested In knowing what
kind of a country Tillamook Is. Prom an
Interview with Julius Kruttschnltt, director
of maintenance for the Harrlman system.
What! Mr. Harrlman's road? No,
indeed; Mr. Lytle's road. Of course Mr.
Harriman may have been able last
year to stop work on Mr. Lytle's road,
by discharging the workmen, but how
does that give him possession and
ownership ?
The Independence League was
obliged to meet at Oakland, Cal.,
without the inspiring presence of Mr.
Hearst. But perhaps it was not im
portant. He can just as well print in
his own papers, "applause" and all.
the speech he would have made If he
had been there.
A Michigan health officer reports
that out of 135 samples of soft drinks
tested by him, 63 contained poison.
This is a hard blow at the establish
ments advertising the sale of soft
drinks in dry counties. It is unlawful
to sell hard drinks and dangerous to
sell soft ones.
Valley towns would better close
their gates and post sentinels about
the time the Portland police depart
ment begins to drive away the inhabi
tants of the North End. Those who
go must go somewhere.
One of the aged negroes who lost
his life at Springfield was a "friend
of Abraham Lincoln." Once in a
while we are reminded by passing In
cidents of the powerful lot of personal
friends Lincoln had.
If enough people were anxious to
have the North End cleaned up the
task would be a simple one. No North
End would exist unless a considerable
number desired it.
No man knows what moment he
will be pushed Into the limelight by
some relative who disapproves of his
manner of conducting his private af
fairs.
Secretary of War Wright's recom
mendation as to the suspended West
Point students has, he says, been ap
proved by the President. It goes this
time.
Bryan has definitely determined to
make a thirty days' speaking tour of
the Middle West That settles it. Mr.
Taft can get ready to move in.
Mr. Lafe Pence says Mr. Ross tried
to "do him up." .Evidently Air. Ross
has commendable qualities which
have lately been overlooked.
TOPICAL VERSE
A Little Gentleman.
Exchange.
I know a well-hred little boy who never say
"I can't;
He never fays -Don't wan to, or
got to," cr 'Vou shan't;
He never aavs "I'll tell mamma!
You've
or call
his playmates "mean. i
A lad more careful of his speech Tm sure
was never seen!
He's never ungrammatloal he never m
tiona "ain't"; J
A single word ot slang from him wonis,
make hla mother faint!'
And now I'll tell you why it la lest this
should aeem absurd l ;
He's now exactly six months old, and can
not apeak a wordl
Living-.
Houston Post.
Work, alwaya work.
Till your eyes grow dim.
Till the heavy years
Make slow fich limb,
Till you bow and stagger
Beneath the strain.
Then atop and figure
The things you gain.
Nope, not for me
When the Summer oatls.
When the river -teapa
O'er the waterfalls
With a roar of glee.
And the trout He low
In a shaded pool
Where the alder growl
Nope, not for me I
For I haven't time
When the country calls,
And the hills to ollmb
Are malting me;
I must up and go
To the treeless heights
Where the breezes blow.
X must swim and fish
In the twisty creek.
And mufiT ramble free
Week after week
Where no one tells
Me the things to do,
And the birds sing loud
And the skies are blue.
And must He at length
'Neath a spreading tree
And list to tha hum
Of the honey bee.
And the winds that whtsye
And bend the boughs.
And the nicker of horses
And low of cows.
I must go and go
Till I'm far away J
Where sunbrowned chlMrem
Are out at play,
I shall never die
Worth a mint of gold.
But I'll live and laugh
Till I do grow old.
J. M. XJ5WT.
Italy in America.
Catholic Standard and Times.
6Ignor, 1 now weel epeaka true
Som theengs dal gon' surprlsa you
Baycauae you have not ondrastood
Italian people vera good.
Ah! you weel see w'at eet shall b
Eef you weel leee'en now to me.
Een all dees Una blgga land,
Where evratheeng eet eea so grand,
An' all men eesa s'pose to be
Wan lika 'nother, equal, free.
Dere eeB wan mosta noble race
Dat should be put een highest place,
Baycauae dey play sooch blgga part
Een evra beex'nesa. evra art.
For mak' so younga land like deea
To be da greata theeng eet ees.
Bavhold! da grand Italian race!
Com", see w'at pride ees een my face.
Ah! vera manny. manny year
We been sooch leetle people here.
But now all dat eea gon' be change.
you theeenk da Wat I say ees straotre
Ah! yes. but true. Eh', how I know?
Big. wlsa man he tal me so.
Tou laugh. I s'poee you theelt dat he
Dat tal all deesa news to me
Ees like mysal', Italian.
Not so: he eesa 'Merfoan.
An' he ees vera reech and' swell
I weesh dat you could hear heem tal
Wat granda theencs ees gona be
For poor Italians lika me,
Dat weel he wise an' "boost da game"
Ev holpln' Master Wat-Hees-Name .
Tou know dat bliiga faata gont
Dat's goln' be 'lecta President.
Ah! vera manny. manny year
We been sooch leetla peopla here.
But now we look you In da face
Bayhold da grand Italian race!
A Ballad of Bores.
New York Sun.
A pack of aorry bores there be
Beneath the sun wide wandering;
The knave with arrogance, pardle.
Who vaunts hlmeeir as notn e, n.ing
The charlatan who strives to sing
With no more voice than hath a ghostl
Sooth. I am bored by many a thing.
But lack of money bores me moatl
The smirk and widely colfTed ladye
With ribband gay and eke with ring I
The Jester blithe, whose bonhommle
Is but the cloak for atah or sting;
The minstrel's endless balladlng:
The soldier who does naught but boast,
Sooth, I am bored by many a thing.
But lack of money bores me moat!
The lover sighing langoroualy
In beechen alleys reeh with Spring'
The dame forednne with Jealousy
Who to her lord must cleave and ellnc'
Myself what time I cannot bring
Keen appetite to Juicy roast;
Sooth. I am bored by many a thing,
But lack of money horea me moatl
EXVOY.
Comrades,' while I am Journeying
Along life's stern and stormy coast,
Sooth, I am bored by many a thing.
But lack of money bores roe moatl
Fly Time.
Detroit Free Proas.
There Is a look within her eye.
The flies have learned to fear;
And when she goes about the room
A slapping noise I hear.
A paper In her hind ahe wields
In fashion murder-wlae:
Bmash! what a deadly aim is hers.
When Nellie's killing flies.
On window pane, or parlor w4V
The tell-tale spots remain,
Showing the many pesky tiles
My gentle wife has slain
On mantel shelf, on tabouret.
On every piece we prise,
Down falls that deadly paper club.
When feme's killing nies.
What hunter bold has ever crept
I'pon the sleeping bear
With bated breath and stealthy foot.
Tiptoeing to his lair
Will understand the strategy.
The cunning that she tries.
To creep upon her resting pre
When Nellie's killing flies.
Oh. ever handy Is her club;
And should a fly appear,
Bhe watches him with eagle eye
Until he settles near.
And then, with cat-like pounces she
Is at htm. and he dies.
Crushed Into pulp for being there.
When Nellie s killing flies.
Once while I wis wrapt In thought.
Just Idly dreaming there,
A little fly. aa yet untaught.
Took ambush in my hair.
Quick as a flash she struck a blow
That took me by surprise.
And never more I'll fall asleep
When Nellie's killing flies.
The Salaried Man.
Detroit Free Press.
He gets his "twenty-per" each week, enougU
to pay bis way.
He doesn't own a country home, a yacht out
in the bay; ....... .v .
Three children romp about his door, thai
self-same door is rented.
But still he smlleB his way along, with ail
the world contented.
He meetB his bills as they fall due, at nicht
sleeps like a top,
And resting sweetly never fears that eopper
stock will drop.
Ho plods along right faithfully and when his
work is done
He calls his children round him for the
evening hour of fun;
His weary wife looks through the door and
smiles to see tnem mere.
And in her heart there's gentle peace, her
soul Is free from care
She hums a little song of love and kisses
one and all.
She fears no market crash to drive her hus
band to the wall.
Oreat wealth has never seared their souls or
spoiled their simple lives.
And on their hearth rank envy's weed sel
dom, aye! never thrives;
Modest their dress and plain their food, tha
greatest ot their joys.
The love they bear each other and the love
they bear their boys.
Theirs is a struggle, sometimes hard, out all
the odds they face
With calmness, for they have no fear of ruin
or dlsgraoe.
Oo forth today and tread your way along the
city street.
Who la the happiest man of all that you may
chance to meet?
Not he whose wealth uncounted Is, not he of
splendid fame.
Not he who boasts a world of power, not he
of public name;
But he, the unassuming man, whose face U
homeward turr.ed
To greet his wife and little ones, his dally
wase well earned.