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are at th. senders risk, v-?-" ' -
dress In full. Inciudlns county and otat.
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Tribune building
PORTLAND.
8VSDAY. NOT.
190S.
THE NORTH DAKOTA CASE.
For Oregon there is special Interest
In the opinion In the North Dakota
case, involving the effort to enforce a
pre-election pledge on candidates for
the Legislature, by popular vote, for
support of a particular candidate for
the United States Senate. That the
statement and the opinion by the Su
preme Court of North Dakota may be
examined and understood throughout
Oregon, we print the document entire
today. ' .
How the members of the Legisla
ture may discharge a duty devolved oa
ihem by the Constitution of the United
States cannot come under the review
of the court; for the Legislature
1telf and the Senate itself will pass on
ail questions as to election and
qualifications of their members. hat
the court in this case does pass upon,
is the law of the state which requires
the candidate for the Legislature to
pledge himself In advance of his elec
tion that he will, if elected, vote in a
particular -ay, or rather for a partic
ular Individual, for the Senate. This
is held by the court to be. as it ob-viously-is.
the requirement of an extra
constitutional pledge, because it exacts
an additional test, not required by or
known to the Constitution, either of
he state or of the United States. The
laws of North Dakota and of Oregon
differ in a detail but not at all in
principle. That of North Dakota re
quires the candidate to pledge him
self to "vote for that candidate for
United State Senator of the party in
which I am a member, who has re
ceived a majority in the primary of such
party vote." That of Oregon, which the
member must take an oath to support,
with all other laws of the state, is in
these terms, to wit: 'That we. the
people of Oregon, hereby Instruct our
Representatives in the Legislative As
' semblv. as such officers, to vote for
and elect the candidates for the
United States 8enate from this state
who receive the highest number of
votes at our general election." The
pledge provided In the primary law of
Oregon is of similar Import. Both the
pledge and the law are attempts to
make conditions for election of Sena
tors not known to the Constitution of
the United States on the one hand,
and additional to the tests required by
the Constitution of the State for mem
bers of the Legislature on the other.
In a political sense the statute of
Vorth Dakota is less objectionable
than the statute of Oregon, since it
onlv requires the candidate for the
Legislature to pledse hlmseir to vote
f,r the candidate of his own party for
ihe Senate who may have received the
majority of his party's votes In the
prlmarv; while the Oregon pledge and
the statute that attempts enforcement
of it put it up to the candidate, first to
take the pledge and then to obey the
statute that requires him to vote eyen
against the candidate of his own party,
and for the candidate of the opposite
partv. in case the latter shall have ob
tained the highest number of votes at
the general election.
In both cases the proceedings are
extra-constitutional and wholly void.
Moreover, in the case of Oregon, the
proceeding amounts to the denial of
the right of citizens to associate in
parties and to enforce their political
views in the constitutional way. The
authoritv of the Legislature to enact
laws for the purpose of securing purity
in elections does not include the right
to Impose any conditions which will
destroy or seriously impede the enjoy
ment or use of the elective- franchise,
or t.. compel the conversion of the ac
tion of the elector from the support of
his own party to that of another. Ore
gon's primary law begins with an elab
orate statement of the necessity of po
litical parties In our system; yet the
Initiative statute which follows It,
and which the member of the Legisla
ture is sworn to obey, proceeds with a
requirement which not only expressly
destroys parties, hut undertakes to
compel the members of one party to
support for the Senate and to "elect"
the candidates of another. The sys
tem is contradictory, fallacious, ab
surd and unconstitutional throughout,
and violative as well of the citizen's
political rights and of the member's
constitutional duty.
But read the decision in the Dakota
case: read it through. It is not as
serted. Indeed, that such opinion has
any force of authority here, save in a
rational and moral way; but It Is high
ly useful for illumination of this whole
subject, and for exposure of the fal
lacies with which this chimerical at
tempt at "reform" abounds. No one
could suppose that the Supreme Court
of a statewould presume to lay down
any duty for the Legislature of the
state, or for the Senate of the United
States. This statement deals only with
thooe things that are nearest to the
people, in their political capacity. It
deals with the antecedent rights and
requirements, on which all things that
follow depend. This new and absurd
attempt is a refinement of plebiscite
tyranny; it attempts to set a faction
that juggles with politics and plays its
game, above the general will of the !
people. Had Bryan and Chamberlain
been candidates together, the one a
candidate for the Presidency, the other j
for the Senate, who supposes Cham- i
berlaln would have fared better than
Bryan? We shall cut these indirec
tions and juggles and bunco games
out of politics. No state will follow
Oregon's example; and Oregon, In turn,
will correct herself. Even In North
Dakota, they didn't try to compel the
members of the Legislature of one
party to elect the candidate of the op
posite party to the Senate, as "the re
form method" In Oregon does. When
a mistake has been made by a people
they cannot too quickly cdrrect It, nor
turn too short a corner to get into the
straight-forward constitutional and
rational way again.
HISTORY IN BRIEF.
"Manv." says the New York Herald,
"aaree with Colonel Watterson that as !
it took a great war to uvermruw tuo
long domination of the Democratic
party so a further lease of power to
the Republican party may so intrench
it that only a revolution will ever dis
lodge it."
But it didn't take a war to over
throw the long domination of the
Tomru-rnHr nartv. The war was the
rebellion of the Democratic party
against the result.
The election of Lincoln in 1860 was
brought about by perfectly orderly and
proper constitutional means. The war
that followed was simply the refusal
of the militant section of the Demo
cratic; nartv to submit to the result.
and of its appeal to arms against the
result.
It required no war to dislodge the
Democratic party. But after it had
been dislodged the party resolved to
destroy the Government that It could
no longer control. One section of the
party, therefore rushed into seces
sion and rebellion; the other section
Insisted that there was no constitu
tional method of opposition to the ef
fort. This belongs merely to the his
tory of the country and of political
parties.
THK HOfSE AJiD THE SPEAKER.
Uncle Joe Is candidate for Speaker
again, yet maynot be elected. A few
Republican members are said to have
declared, when questioned by their
constituents, that they would oppose
him. Moreover, there are several can
didates for the office and its honors,
and each will have his friends and
supporters. Cannon may win finally.
In the caucus: may not. From mem
bers who have not been allowed to
"spout" as much on the floor at all
times as they have desired, there is
opposition; but members of thjs de
scription must be shut off by the
Speaker whoever he may be or the
House never will be able to do busi
ness. The House must have a master, or
it will talk and talk, and never ac
complish anything. Members are con
tinually wanting to make speeches for
Buncombe. When the Democrats have
had the House their Speaker, too, has
been obliged to "choke off" the gabby
and blabby members, so as to give
necessary public business a chance.
They roared against the Reed rules,
and then adopted them. Czar Reed,
Republican, was followed by Czar
Crisp, Democrat.
The House must always have A
Speaker who will control and direct
the course of business. There must be
sharp rules and they must be sharply
enforced; else there will be eternal
babble and nothing done.
LABOR CAXXOT BE UEUVEREU.
Why did TaTt carry the great and
pivotal cities of New York and Chi
cago, and thus win the election? The
Republican nominee, of course, had
enough votes without either New York
or Illinois, or both; but it is undoubt
edly true that, if these states, with
their far-reaching commercial. Indus
trial and political Influence, had gone
for Bryan, they would have carried
enough other states with them to win
the election. Tammany betrayed Bry
an, but that does not account for the
mighty upheaval in Greater New
York. The vote for Chanler. whom
Tammany did not betray, and whom
large numbers of "sporty" Republicans
favored, was far below the normal
Democratic majority. In Chicago,
which, is usually, though not always.
Democratic, there is now a heavy Re
publican majority. What is the rea
son? The reason probably is that Samuel
Gompers drove away from Bryan more
labor votes than he and his great In
junction issue attracted. Organized
labor doubtless cast many votes for
the , Democratic nominee; but unor
ganized labor did not: for it would not
follow Gompers; nor would a large
part of the labor unions. The Gompers
assumption that he controlled union
labor was deeply resented and actu
ally lost votes with many union men;
and it unquestionably repelled thou
sands of other laboring men who do
not belong to the unions. The result
In New York and Chicago, the greatest
labor centers In the United States,
proves that the labor vote cannot be
delivered.
ORGANIZED CHARITY.
The persons who, from time to time,
ay harsh things about organized
charity, may be divided into two
classes, those who know better and
those who do not. AVith those of the
first class It is useless to argue. They
assume the pose of ardent sympathy
with the suffering poor for an
end of their own and. until that end
Is subserved, whatever It may be, they
will keep on posing. Nothing in the
way of reason can be expected to avail
to change an attitude which Is essen
tially unreasonable. The motive
which may Inspire a man to assail or
ganized charity when he knows it Is
unjust to do so may be revenge for
Interfering with an unlawful business.
It may be sptte against the personnel
of the organization, or it may be any
one of a hundred other unworthy feel
ings. But there is another class of per
sons who Join in the cry which is
periodically raised against organized
charity and they do it because they
know no better. They honestly seem
to believe that, if scientific methods of
guiding benevolence were abandoned
and charity were to go back to Its old.
Ignorant, unsystematic, helter-skelter
ways, the poor would te better for it.
To persons who make this mistake It
may be worth while to point out that
organized charity never yet diverted
one penny from any person who de
served relief. On the contrary. It has
vastly Increased the sums available
for the deserving by stopping foolish
gifts to the- undeserving. To bestow
money upon frauds and humbugs may
minister to the self-satisfaction of in
dolent vanity, but It is not charity.
People who indulge In this species of
idiocy must not flatter themselves
that they are doing good. The truth
is that every penny they thus bestow
does harm. At the foundation of or
ganized charity ties intelligent Investi
gation into the real needs of appli
cants. Knowing their real needs and
the causes of their distress, help can
be given with the certainty that im
posture Is not being encouraged. In
discriminate sentimentalism squanders
its gifts on persons who do not need
them. Organized charity discovers and
helps the deserving poor. There is
the difference between them.
THE WESTWARD MOVEMENT.
In Massac County, Illinois, one of
the counties of that state that border
on the Ohio River, three days ago a
celebration was held in commemora
tion of the expedition of Oeorge Rog
ers Clark, which crossed the Ohio
from Kentucky, 130 years earlier, and
pushed on into the Illinois country,
captured British outposts scattered
through it, took KaskasKia ana tajiu
kla (111.) and then after an arduous
..Hi mnet difficult march, captured
Vincennes (Ind.). His force consisted
of about" 170 men. Through tnis enort
the Valley of the Upper Mississippi, to
ik. rsi-onr Tjikp came into possession
of Virginia. It was from Patrick Henry,
Governor of Virginia, in lim-m, inaL
Clark obtained his commission as
leader of the expedition.
At the close of our Revolutionary
War, the whole territory from Lake
gi.ru,,in, iinun tn the southern boun
dary of what is now Kentucky be
longed to Virginia, whose backwoods
men had conquered It from England In
177 8-79. George Rogers Clark was
eldest brother of the family of which
William Clark of Oregon rame was
youngest. His name is perpetuated in
all the Middle West, through counties
named for him, in Ohio, Kentucky, In
diana, Illinois and Missouri. His name
is borne by one of the great streets of
the city of Chicago. Peoria (111.) was
once called Fort Clark, but the name
was so much In use that it was
changed to the Indian name.
vi,io in tv, vear 1780. virtually
ceded to the United States all the terri
tory north of the Ohio River, ana later
ceded Kentucky; but the region w-hich
is now Tennessee belonged to North
Carolina, which had begun to make
settlements there as early as 1758. The
Western movement steadily increased,
and in 1780, several thousand pioneers
from the Carolines and Virginia had
already settled west of the mountains.
From these sprang the greater part
of the forces that united for overthrow
of the loyalists under Colonel Ferguson
at King's Mountain (N. C), in the
midst of the Cornwallls campaign. It
was certain, to all who looked into the
future, that the South and West would
fall into the hands of the people mov
ing Vnm ihn nlrlr colonies. A few
years later the conclusion of peace,
"with Independence, gave assurance to
the new Nation of consolidated power;
and Count Aranda, representative of
Spain in the negotiation of the pow
ers, wrote a letter to his King, In
which he uttered this notable prop
hecy: "This Federal Republic is born
a pigmy. A day will come when it will
be a giant, even a colossus, formidable
In these countries. Liberty, of con
science, the facility of establishing a
new population on immense lands, as
well as the advantages of the new gov
ernment, will draw hither farmers and
artisans from all nations. In a few
years we shall watch with grief the ty
rannical existence of this new colos
sus." What a prophecy of the Span
ish War of 1898, and of the loss of the
Philippines, Cuba and Porto Rico, by
Spain!
Everything intimated in this predic
tion followed; slowly at first, more
rapidly afterwards. The story has
been written out in many books, but
in none with more splendid spirit and
excellent amplification of detail than
In Theodore Roosevelt's "Winning of
the West." written and published be
fore he became famous In high poli
tics and creative statesmanship. While
these four volumes are a most spirited
narrative, they however remain incom
plete, since the author's story of the
winning of the West does not cover the
movement to the Pacific. His energy
may find employment in completion of
the work, after his retirement from
the Presidency. He will hardly spend
the rest of his life hunting lions In
Africa. That may do for a short and
slight pastime; but we believe the best
of the man's literary work Is yet to
come.
THK FAIRIES REBl'KED.
At a meeting of the local Board of
Education at Passaic. N. J., this Au
tumn, a list of books was, according
to custom, submitted by the City Su
perintendent of Schools for approval.
These books are In the nature of "aux
iliary reading," and the list submitted
is usually accepted and ordered with
out investigation, the laymen of the
board modestly deferring in the mat
ter to the professional discretion of
its highest officer. The spirit of
modern inquiry was, however, at this
meeting aroused. A vigilant member
scanned the list and was astonished
and, indeed, horrified to find that the
children of the primary grades were
to be introduced to Andersen and
Grimm through the delightful fairy
tales for which these names stand;
that an Innocent-looking volume con
tained some of Mother Goose's
Melodies, while crowning horror!
there was on the list an edition of the
"Ballad of Robin Hood" and "The
Last of the Mohicans" in. simplified
form and attractive binding. This
good "deestrict father"
Seen hl duty a dead sure thing
And went tor It thar and then.
Why, he asked in tones tremulous
with righteous wrath, should such
books be purchased and placed in the
hands of young children, when copies
of the multiplication table and of the
Constitution of the United States
might be bought Instead?
He moved, therefore, that the friv
olous books be cut out of the list,
pending Investigation. Since the plan
and scope of the proposed investiga
tion were not disclosed, the following
questions have been suggested as per
tinent: . Were there really ever any such persona
as fairies, and. If so. when did they become
extinct In Passaic. N. J-?
Of what variety of bean was Jack" bean
stalk, and why Isn't it sent out by Congress
in the free seed distribution ?
Ttd the cow really Jump over th moon?
(Answer tn be accompanied with diagram
of route and record of all attempt, success
ful or unsuccessful.)
Why did the crow crow?
Was Itobln Hood really the Earl ot Hunt
ington, and If not, why?
Was Unca a good Indian until he wa
dead?
The pertinence of these and ques
tions of like grave import to the edu
cation of the children of the primary
grades, not only of the public schools
of Passaic, but to children throughout
the land, is obvious. It Is a matter
of regret, therefore, that the proposed
Investigation was not ordered nor
were the books whose titles offended
the protesting member stricken from
the list. In consequence of this grave
dereliction of duty on the part of the
majority of the School Board In this
Instance, the unsuspecting mind of
childhood will continue to be de
luded and entertained with tales, the
scientific accuracy of which may
never be fully determined. The tale
of "Jack and the Beanstalk" will
still be read by young bo-3 who
might instead be conning the various
specific statements of which the or
ganic law of the country is composed,
and it is not Improbable that thought
less mothers, unmindful of the un
proven statements made therein, will,
when Importuned for "a "tory" in the
nursery, respond with "Once upon a
time there was a beautiful Princess,"
etc., when, according to the stern dic
tates of duty, they might declare sen
tentiously, "My child, twelve times
five are sixty." or "Multiplication Is
a shorter method of performing many
additions," or "Latitude is reckoned
north and south from the equator."
or a thousand and one equally true
and well-proven statements.
MR. ROOSEVELT IX AFRICA.
Preliminary arrangements are being
made In Cairo, Egypt, for the great
event of next year the exploring and
hunting tour of President Roosevelt in
Africa, The trails into and through
the depths of the Dark Continent
that were blazed by Dr. Livingstone
and Henry M. Stanley are no longer
attended by the' dangers and suffer
ings that wasted these explorers at
every step. A British railroad now
carries travelers far on their way from
Mombassa toward the great lakes,
while between there and Khartoum,
from which point it Is said the Presi
dent will make his' way down the
Nile, a caravan for the accommodation
and safety of travelers makes its way
through the wilderness.
t i nnt nreivnhle. of course, that
Mr. Roosevelt will confine himself to
the beaten paths of such civilization as
has invaded Africa, but he will not be
so short-sighted as to waste his
strength in overcoming obstacles that
he may avoid without in the least de
tracting from the main purpose of the
expedition, of which hunting big game
will only be an incident. Physical ex
haustion was inseparable from the
work of the early explorers. Their
efforts and discoveries were painfully
limited by it, as they themselves sadly
deplored. The facilities afforded for
travel in British, German, French and
Belgian territory enable the explorer
or the hunter to save his strength with
which to fight the enervating miasms
of the still unexplored jungles and
morasses of the Zambesi, the Congo
and the Upper Nile.
The Roosevelt expedition is spoken
of in Cairo and Khartoum as scientific
and not wholly, or even primarily ior
the purposes of the chase an esti
mate that Is probably correct, though
in the United States it is generally re
garded as a "hunting trip," the prime
object of which is to bring down "big
game" and return laden with the
trophies of the chase.
CHARLES ELIOT' NORTON.
Occurring In the noise and excite
ment of the Presidential campaign
the death of Charles Eilot Norton on
October 21 passed by without much
public notice. There was nothing
tragic about the end of his life, for he
was an old man, the measure of his
work was full, and he was cheered by
the loyal affection of friends many and
distinguished; still it would hardly be
seemly to permit a career like his to
close without some appreciation of
what he was and what he did. Through
the years of his prime, Mr. Norton was
professor of art in Harvard University,
but he began life as assistant to a
Boston merchant. His first trip abroad
was not to the shrines of art in Italy
or Greece, but to India as supercargo
on a trading vessel. He came back to
Boston by way of Egypt and Europe,
and his life on shipboard together with
what he saw in the Old World con
vinced him that business was not his
calling. He was born to higher
things, or lower, according to one's
point of view, but at any rate for
something different.
By ancestry and education Profes
sor Norton belonged to the provincial
and somewhat vinegary school of lit
erary men and scholars who flourished
round about Boston in the second
quarter of the last century. His con
temporaries were such men as Lowell,
Emerson and Longfellow, with all of
whom he was intimate, as well as
with many interesting Englishmen like
Ruskln and Carlyle. By birth Nor.ton
was a child of Harvard, his father
having been one of the arid prophets
of Unitarianlsm in the divinity school,
and his mother an aunt of President
Eliot. But in one respect Norton was
as remarkable as President Eliot him
self. Instead of being subdued by the
spinsterish Puritanism of his environ
ment, he transcended it, and developed
a life which was as broad as the world
and as comprehensive as humanity. In
his writings there is nothing either of
Lowell's placid conceit or of Long
fellow's contentment with traditional
faith and culture. He ended his life
as a declared agnostic; his canons of
art, far from being childishly com
monplace like Longfellow's, had all
the courage of Ruskln without his
lethal romanticism, and all the moral
vigor of Tolstoi without his atavism.
One of his principles of criticism was
that there ought to be no beauty
apart from righteousness. This is the
same as Tolstoi's dictum that the only
standard of worth in art is religion,
but Norton did not find it necessary,
as the great Russian prophet has, to
condemn pretty nearly the whole of
civilization in applying his canons.
"Art for art's sake" was no part of
Norton's creed and the same moral
criterion by which he judged poetry,
painting and letters he applied also to
life. Though famous as the translator
of Dante into classic English prose,
he was no medieval recluse. Though
a voluminous editor of other men's
correspondence, he was no mere
scholarly drudge. Carlyle's memory
owes to Norton the refutation of
Froude's misleading reminiscences. He
edited the letters which passed be
tween the British apostle of individ
ualism and the pantheistic Emerson.
He published the numerous letters he
himself had received from Ruskln, and
as a discriminating editor who garbled
nothing, who knew exactly what to re
veal and what to pass over, Norton
carried off the palm among his con
temporaries. But with all these schol
arly activities drawing upon his at
tention, he never lacked time to in
terest himself in the affairs of his
neighborhood and of the country.
Norton bore his part in the Cambridge
agitation which freed the precincts of
Harvard from the saloon. The farm
ers around Ashfield, where he had a
Summer place, found him a constant
friend. He was long president of a
convivial club in Boston: During the
Civil War there was no better patriot
than Charles Eliot Norton in spite of
his culture, or perhaps because of it.
Culture ought to mean development
mthar tnan nprversion and emascula
tion of the faculties. The more one has
of it the more of a man he ought to
be. This was the case with Norton.
No American has ever had more com
niata .,iitivntlnn than he: none was
ever more devoted to his country's
good.
Through the Civil War Norton ed
ited the pamphlets which the Loyal
Publication Society sent broadcast to
the newspapers sustaining and encour
aging the friends of the Union. He
saw the greatness of Lincoln and
spoke out In his behalf when almost
every other educated man in the East
could discern nothing in him but an
unkempt and semi-barbarous dema-.
gogue. At the close of the war Nor
ton, with Lowell, assumed the editor
ship of the North American Review.
This was a time when disinterested
patriotism was even more essential to
the country than during the active
struggle between the North and South,
and Norton made the most of his op
portunity. For the next four years he
preached sound political doctrine to
the Nation, but he- did not succeed in
preventing the orgy- of commercial
immorality which he foresaw and
prrfphesled against. Besides these serv
ices to his country Norton was one of
the founders of the New York Nation,
which Lawrence Godkin made such a
power in our National thought, and
which Is still the organ of a circle as
enlightened as it is restricted. Add to
all this the fact that Norton had a
.hand in establishing the Atlantic
Monthly and we are in a position to
estimate something of his services to
his time. His voice was more often
one of protest than of commendation.
During the Spanish war his strictures
on men and motives excited bitter hos
tility to him even from such men as
Senator Hoar. The latter said harsh
.Ktn-a .ohnot iho Hnrvaril nrofessor.
for which he afterward apologized. In
a country HKe ours, wnere we an in
cline to an optimistic confidence in
iacHnv iha vniA nf nrotpsf must be
esteemed and encouraged even when
Its message stings.
EOrCATING WOMEN.
If the twentieth century woman goes
to perdition It will -aot be for want of
good advice. The preachers, college
professors and editors are all strug
gling to store her brain with gems of
wisdom. If the gems turn out to be
faian ncraai nn u M v there remains the
consolation that some of them are
real. But who shall help our fair
sisters discriminate between the ad
vice which onght to be followed and
that which is merely meant to fill up a
lecture hour and then be forgotten?
The editor of the Sociological Review
told a woman's club in Chicago the
other day that girls ought to stop eat
ing chocolates and flirting with young
men and direct their energies toward
acquiring a useful education. Nor did
he neglect to specify what he meant
by useful education. It included five
accomplishments in his opinion, to wit,
sewing; buttons on old clothes, baking
bread, washing dishes, washing silk
underwear and kitchen industry.
All these things are useful. Some
of them are noble. But why is It a
girl's duty any more than a boy's to
learn them? The art of sewing on
buttons would seem to be much more
useful to men than to women. The
latter fasten their clothes with pins or
hooks and eyes while the sterner sex
always employs buttons. Men are, as
it were slaves of the button as Alad
din's genie was of the lamp. Often
times when far from home and friends
a man loses a button with no woman
around to sew it on for him. If he
cannot do it for himself woe betide
him for he is reduced to sticking a
nail through his suspender or fasten
ing his wristband with a toothpick.
Some impostor, whose name oblivion
has justly swallowed up, once invented
a button which did not need to be
sewed on. That Is, he claimed it did
not. As a matter of fact it could not
be sewed on and It would not stay
without sewing. Imagine the sad lot
of the men who wltlessly invested in
these deceptive beguilements and
trusted to thefn to hold up their
trousers. It Is fairly certain that some
changes must be made in the current
education of women, but it is not
likely that they will be in the direc
tion of sewing on buttons or washing
dishes. The manifest tendency is to do
such things by machinery.
SHALL A JCRY DELIBERATE?
In one of the Valley counties a
prominent man was recently tried
upon a criminal charge and was found
guilty. A day or two afterward a
local paper made the verdict the oc
casion for discussion of the duties of
jurors, the verdict in this Instance be
ing criticised. It was stated that on
the first ballot one or more of the jur
ors were for acquittal, but afterward
agreed to a verdict of guilty. The po
sition taken by the critic was that a
juror should adhere to his views even
if by so doin he prevents the jury
from reaching a verdict. In other
words, the idea advanced was that the
twelve men should go into the Jury
room, take a ballot and each man
stubbornly adhere to his first opinion,
whatever the other jurors might think
of the case and whatever arguments
they might offer to convince him that
he was wrong. To any reasonable man
it will at once be apparent that adop
tion of such a practice would lead to
the grossest abuses and make jury
trials a farce.
In the jury-room more than in any
other place is there demonstration of
the truth of the old saying that a wise
man changes his mind; a fool never.
Every one has heard the story of the
Jurymen who, after remaining out
many hours, were called in and asked
by the Judge whether they could not
agree upon a verdict. One replied
that he could, but that the other
eleven were too stubborn. This story
fairly illustrates the view of a Juror's
duty maintained by the paper which
i criticises men because they change
their attitude after the first ballot. If
such a plan of procedure were con
templated by law, there would be no
need for a Jury to retire to a Jury
room, but a ballot'could be taken in
the jury-box, and if the twelve men
did not agree they could be discharged
at once. The sole purpose of sending
them to the Jury-room Is that they
may deliberate, and deliberation
means that they must discuss the case
and form their opinions according to
the weight of the evidence as It then
appears to them.
The requirement that twelve men
shall Join in a verdict is not in the In
terests of Justice. It is almost as ab
surd a provision as the old system of
trial by fire, when an accused man
was subjected to intense heat upon
the theory that if innocent he would
be unharmed, and if guilty he would
be burned. It is scarcely to be ex
pected that twelve men, of different
temperament, of different habits, of
different character and widely vary
ing degrees of education, should be of
the same opinion upon a question
which admits of dispute. In a large
majority of cases where there is room !
for discussion at an, a veraict is to
be reached it is almost certain that
some members of the jury will give up
their opinions with some feeling of
doubt as to the correctness of the
verdict. When they do so. they as
sume that a large majority is more
likely to be right than a small minor
ity, and they put into practical effect
the method of arriving at a verdict
which should be authorized by law. A
three-fourths majority nine out of
twelve should have the power to find
a verdict, except, possibly, ' in capital
cases.
Nearly every lawyer of extensive ex
perience knows men who delight In
hanging juries. They first ascertain
how the other members stand, and
then take an opposite view and refuse
to listen to reason. There Is another
class of men who lack assertiveness
and who ascertain how the others
stand, and then quietly fall In line re
gardless of the Judgment they would
form if the decision rested with them.
But in almost every instance a large
majority of the members of a jury are
reasonable men, and the verdict they
will agree upon will be as near an ap
proach to justice as human Infirmity
can attain. When one unreasoning
man can prevent eleven men from
agreeing upon a verdict, it is certain
that injustice will frequently be done.
In no other department of govern
ment do we require unanimity In
reaching a decision. Public officers
are elected by majority vote. Laws
are enacted by a majority vote of the
Legislature. A bare majority of the
judges of a state or United States Su
preme Court can decide a case over
the opposition of a strong minority.
It Is only In the Jury-room that we ex
pect all men to be of one mind. Some
time we shall abandon this ancient
and absurd requirement and permit a
Jury to agree upon a verdict, notwith
standing two or three of its members
cannot see the facts as the other nine
or ten see them.
Whatever may be the sentiment of
smokers toward the new rule against
the weed, established last week by the
Portland Railway, Light & Power1
Company, it is certain to curtail the
use of tobacco. Thousands of suburban
residents must abandon their after
breakfast smoke or get up half an
hour earlier and dispose of pipe or
cigar before they start to the day's
work. It seems that cheerful obedi
ence was grven at once to the new
rule. Conductor or motorman needed
only to call the passenger's attention
to the modest little placard; smoking
ceased. Suppose, however, a man
smoking In the front vestibule declined
to quit puffing. If he Is larger and
stronger than the conductor and In
clined toward belligerency, will the
conductor attempt to put him off?
What are his legal rights as to smok
ing after he has paid his fare? Does
he violate a city ordinance when he
reserves to himself a privilege that has
been accorded him for many years and
Is now arbitrarily withdrawn? If he
doesn't, and still is ejected, isn't there
foundation for a suit by some "dam
age" lawyer? Of course Portland is
not going to forget her good manners
and will obey the new rule; still, now
that politics is out of the way, the
question of smokers' rights assuming
that they have any rights the public is
bound to respect may serve as a topic
for fruitless discussion.
Uncolored dispatches from New
England, the Middle States and manu
facturing places in the West, disclose
unmistakably the pre-election attitude
of many great industries. Honest cap
ital asked only to be safe from unwar
ranted attack. The election of Taft
gave such assurance. Funds held in
idleness for several months will now
flow into business channels. Work at
good wages is offered to a great multi
tude who have been Idle since the
panic. Labor promises to be scarcer
than ever and better paid. Capital and
labor are to be congratulated on the
result last Tuesday.
Incidentally, it may be remarked
that this month is a very good, If In
deed not the best time, to plant bushes
whose blooms will be the essence of
next year's Rose Festival. It is not
too early for various suburbs to get
together in preparation for competitive
displays. There can be no such thing
as an excess of roses for private en
joyment. Bushes planted for personal
pleasure add to the sum of the public
delight; you can't conceal the flowers
when they bloom.
Portland's bank clearings last week
showed an increase of 13 per cent,
while every other Pacific Coast city
appeared In the decrease column, as
follows: San Francisco, 21 per cent;
Seattle 21, Los Angeles 5, Spokane 18
and Tacoma 15. Every line of busi
ness Is on the uplift. It will not be
long before Portland's clearings, re
flecting the commercial and industrial
activities, will be up to the high-water
mark of 1907.
Now that the tariff is to be revised,
every Interest likely to be affected by
any change is stirring around to pre
vent it. There are the lumbermen,
for example. They want to let well
enough alone. And wool, too. How
can a Republican Congress have the
heart to lower the wool tariff when
every county in Eastern Oregon went
Republican last Tuesday?
A wise maxim In politics is to con
cede nothing until the votes are
counted and the result disclosed. Take
Missouri, for example. So, too, there
is nothing yet to prove that Oregon
has gone 25,000 for Taft. It may be
only 24,999.
Mr. Hill did not say much about his
plans, but he had pleasant words for
Portland and Its people. Pleasant
words are cheap, of course, but when
they are backed by a $45,000,000 in
vestment they mean something, likely
enough.
The third misguided female, has
married Nat Goodwin, the actor. Good
win's domestic instincts are very
strong, for, next to a demijohn, he
does dearly love to have a wife around
the house.
President-elect Taft wants it dis
tinctly understood that he went to Vir
ginia Hot Springs to play golf, and not
to make cabinets. Very well; the
newspaper reporters will take that dif
ficult job off his hands.
Count Johann Helnrich von Berns
torff will be the new German Ambassa
dor to the United States. Never heard
of him, but he sounds all right.
The Southern Pacific now thinks it
may be able to get off of Fourth street
with steam cars in about a year .and a
half. What's the hurry?
SILHOUETTES
BY ARTHUR A. GREEN&
Insolence is the self-defense of the
lpnorant. .
or. mv trust his dog always: A man
only as far as the first opportunity.
Tn nur e-pneratinn it is unfortunately
trui that mothers know too little and
young girls too much.
There is one river which is never closed
to navigation. It is called the 9tyx.
To assume indifference Is the surest war
to reform a flirt.
Thank heaven the fashions In epitaphs
never change.
When a man over fin is addressed by
his first name It is a sure patent of good-
fellowship.
s-irtAn when w have merelv outgrown
our vices we flatter ourselves we are be
coming virtuous.
A woman say' of 30-who is witty, wise
and pretty is the noblest work of an All
Wise Providence and the milliner.
Most people prefer being comfortable to
being good.
The Fate of Yorlek.
Alas, poor Yorick! 1 knew him well.
He was an actor gentleman and I will
tell
You somewhat of his lot.
A fresh and earnest youth he entered
the "legit"
And In his time did work for Jacob Lltt.
"In Old Kentucky," methinks that was
the play.
He was the horse-race and all the
critics say
To that great part he did scarce not a
thing
But eat It . He always wore a sad
And haughty air, also an overcoat
Ornate with costly fur, and oft would
he
Recount before the tar such mighty
deeds
As vain Othello never did wot of.
His sole concern to elevate the stage it
seemed,
And never yet had he his Art demeanei?.
Though once 'twas known the manager
was so crass
As to require him to "double up in
brass"
This was in repertoire n in, n..w.
tnirv
Upon the Feed Trough circuit and his
bond
Did force on him the role of Uncle Tom
When erst the night before he had ap
peared As Richard Three Times and sought
Richmond's gore,
in "Rip Van Winkle" he aid oft essay
To stand them up in Nyack and Green
Bay
Where many patrons did he turn away.
No. wandering minstrel he, nor bur
lesque man:
Upon them both he'd set a final ban.
In childhood's days he'd one ambition
. got.
To tread the boards in buskin and in
sock,
Although betimes his wardrobe he did
hock.
'Gainst Irving's jealousy and Booth's
Ingratitude he strove
'Til in the one-night stands his treas
ure trove
Most richly did he find.
His genius Arden Benedict enriched
And though Corse Payton did his
"business" steal
E'en Sothern his unworthlness could
feel
When billed against this Yorick.
So prospered he until one night In
Creede
The ghost had walked to make his fate
more sore
He and his troupe put on their greatest
hit
And In the hall the vulgar mob did sit
Until there was no room for any more.
The play was Julius Caesar, but re
vised To bring it up to talents of the else
Of this great artist.
No Pompey's statue did his "props" In
clude So that a barber-pole he did provide
By giving to its owner comps to see
how died
The noble Julius.
The part of Brutus did our, hero play
And with a gun great Caesar did he
slay
At which the audience rose up en masse
And filled poor Yorick full of lead, alas
Because, forsooth, they said the Job was
raw
In that he gave his friend no chance
to draw;
And so upon that barber-pole with
Caesar he did fall
The mightiest tragedian of them all:
He was me friend so I his story tell.
Alas, poor Yorick, I knew him very
well.
Do your good deeds today and post
pone your iniquities until tomorrow.
Tomorrow may never come, and be
sides there are more venal sins than
those of procrastination.
A Yarn.
tChlca(ro News.
"Two can live a cheap as one,"
Yes, they can! They can, like fun!
You aek any one who' tritd it;
See Jut what he'll say.
Most of us are satisfied It
Goes the other way.
Toughest yarn was ever spun,
"Two can live as cheap a one."
"Two can live as cheap as one."
No one ever saw it done.
No one in hte sober sense
Has the slightest doubt
If he figures on expenses
How that's coming; out.
When uphill the waters run
"Two can live as cheap as one."
"Two can live as cheap as one."
Fifteen hundred make a ton.
Woman never' money ependlnf,
Does not care for dress;
So if marriage you're intendlnc
Living might cost less.
No, don't swallow that, my eon.
Two can't live as cheap as one.
Two Schools of Literature.
Denver Republican.
("Impuls-ionlsm" is the name of a new
school of poetry In Paris. Its devotees ar
supposed to write under the influence of real
emotion, and to wait hours, if necessary, for
the purple mood of genuine inspiration.
Washington (D. C.) Post.)
It must be grand to write on Impulse only
To spend long hours. Introspective, lonely
And wait until
You feel the surge of A-one inspiration
And dash, at frenzied heat, a lucubration
That's bound to thrill.
But who alas! can scorn the moving finger
E'en o'er this verse I find 1 cannot linger.
Though It's ill made
What chance has Art when butcher most
sardonic
Are given to this -prose form, grim,; laconic:
"Your bill's unpaid!"