11
TltE SUNDAY OREGOXIAX, PORTLAND, OCTOBER 31, 1900.
of Canada, with a railroad from ocean to
ocean 2300 miles long.
Professor Giorke, of the University of
Berlin, who arrived in America recently,
is here to lecture at Harvard University
and to convey to Its new head. Profes
sor A. L. Lowell, the congratulations of
the University of Berlin. He will also
lecture at Columbia University later.
John Rldgley Carter, first secretary of
the American Embassy, London, is to
leave soon for America to see Secretary
Knox and get instructions before de
parting for his new post, that of Amer
ican Minister to Roumania. Mr. Carter
has been connected with the Embjssy in
London for 15 years, and his promotion
is a well-deserved one. He has been
very popular in London.
George McAneny Is the fusion candi
date for president of the Borough of
Manhattan, of New Tork City. Mr. Mc
Aneny is a strong Ttepublican and has
been president of the City Club for the
past three years. He resigned this of
fice following his acceptance of the fu
sion noimnation. He Is also on the
Hearst ticket.
Opera singers are arriving by almost
every ship from Italy and Germany for
the Metropolitan and Manhattan opera
houses. Eighty-seven German chorlsts
arrived yesterday on the Bremen, from
PORTRAITS OF MEN WHOSE NAMES ARE
OFTEN SEEN IN THE PUBLIC PRINTS
Who Are Gloomy, Despondent, Careworn and Nervous,
Not Sick, Yet Don't Feel Like Work, Let Me Offer
You My Sure and Speedy Cure Which Can Be Used
Without Pain or Loss of Time From Work.
For a Few Days Only
For a FewDays Only
During the Time, -Which Won't Be
Long, That I Will Give the Special
Offer My Fee Will Be One-Half That of
Any Other Specialist.
NOT A DOLLAR NEED BE
PAID UNTIL BENEFITED
NOT A DOLLAR NEED BE
PAID INTIL BENEFITED
m Men
NEW TORK. Oct. SpeclaI. Pro
fessor Pickering, of the Harvard Ob
servatory, does not agree with the Chi
cago scientist who declare he could sig
nal Mars If only possessed with telescope
large enough. Professor Pickering says
he has seen more In Jamaica with a five
Inch glass than with a 15-inch glass at
Harvard. Atmosphere, he believes, is the
thing that hinders astronomers most, as
the air conditions must be almost per
fect In order to get the best results in
the study of the planets. Professor Plck
erlnsT was born In Colorado In ISO. He led
expedition to observe total tolar eclipses
In Colorado In 1S7X, In Grenada. West
Indies In 138. In California in and
Chils In 1S03; also In Georgia In lja He
also conducted an expedition In Cali
fornia to make observations of the moon
In ISOi. In 1M9 he discovered Phoebe, the
ninth satellite or saturn, and showed
later why It revolved In a direction op
posite to all the others. He also dis
covered Themis, the tenth satellite. He
has written a number of books and mag
alines and has been a contributor to
magazines on scleottflo subjects.
Frank Ptorret la an American of ,ths
highest standing In the scientific world.
He came into public notice when the great
eruption of Vesuvius occurred. He was
living on the side of the mountain act
ing as assistant director of the observa
tory there. Through this experience at
Vesuvius In 1MI and his experiences in
Stromboli In the Spring of 1SW7 and on
Etna a year ago last May Mr. Perret
has come to be regarded as one of the
foremost experts on volcanoes In the
world.
Charles F. Murphy la the leader of
Tammany Hall of New York City. He
was born In New Tork In 1891 and has
been chief of this powerful political or
ganisation since 1903. when he succeeded
Lewis Nixon. Nixon succeeded Richard
Croker but was only In control for a
short time. Tammany Hall has been In
control of the Democratic party In New
York City for over 100 years.
Dr. JYederiek A. Cook arrived in New
York October IS and was tendered the
freedom of the city In the Aldermanlo
chamber. A great trowd gathered to
welcome him. John F. Walsh, chairman
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of the Aldermsmto coo- n
Mttee appointed to
bestow the honor on Dr. Cook, made a
long speech in presenting the engrossed
copy of the Aldermanlc resolutions to
Dr. Cook. After holding a reception in
the Aldermanlc chamber Dr. Cook was
driven to the Waldorf Astoria to rest be
fore leaving for Brighton Beach to start
the 24-hour automobile race.
Charles Melville Hays, now vice-president
and general manager of the Grand
Trunk Railroad in Canada, is the logical
successor to Sir Charles Rivers Wilson,
who is about to resign the presidency
of the Grand Trunk. Mr. Hays has been
for some time the active, head of the
railroad and Is held in the highest re
gard by the directors, who at one time
regarded his progressive policies, as a
positive menace to the life of the rail
way system. Hays is a product of the
fnlted States, having been born at Rock
Island. 111., in 18SS. Sir Charles Wilson
Is the greatest admirer of Mr. Hays and
will undoubtedly throw all his influence In
favor of his selection as his successor.
As Sir Charles Is a great friend of King
Kdward, his influence is strong enough
to make Mr. Hays head of the big rail
way system. Hays as general manager
double tracked the road to Chicago and
by masterful diplomacy and nerve got
a Pacific outlet, opening to the northwest
uremen, lor nits .tir(ippunLau vtia- .
House, among them being Richard !
Hageman, an assistant conductor at the
Metropolitan, who for the past month
has been busy teaching the German
chorists to sing In French. Hageman
was accompanied by his wife, Rosina
Van Dyck, a Metropolitan soprano.
They have been with the Metropolitan
for several seasons.
This photograph of William A. Pren-
dergast was made at tne rusion neaa
quarters. Prendergast is the fusion
candidate for Controller of New York
Cits'.
Daniel Frohman, theatrical manager,
is being sued for divorce by Ills wife.
Miss Margaret Illington, as she is
known on the stage. Non-support is the
technical grounds on which Mrs. Froh
man is suing. She complains that Mr.
Frohman has not contributed to her
support for the past two years. It is
not thought that Mr. Frohman will con
test his wife's action. The couple were
married in New York City on November
22, 1903. and have no children. Mr.
Frohman started life as an ofnce boy in
the office of the New York Tribune. He
is widely known as a theatrical man
ager, and Is president of the Actors'
Fund of America. He was born in san
duEky. O.. in 1853.
Books Added to
Library
, BIOGRAPHY.
CoNyer Some memories. 1908.
Daviea Hunt Stnriw of the Ergllsh ar
tists, from Vandyck to Turner. 1908.
MoCabe The Ufa of Chaplain McCabe.
bishop of the Methodist Eplecopal church; by
F. M. Bristol. 1908.
BOOKS IJf FOREIGN LANGUAGES.
I.enotra Vlelllea ma4snna. vieux paplers. 3 t.
Alasson Napoleon et lea fcnunes.
DESCRIPTION AND TRAVEL.
Smith Stone ages In North Britain and Ire
land. 18C.
FICTION.
Crockett Surprising adventures of Sir Teddy
Lion.
French The rejuvenation of Aunt Mary.
Webster A king In khaki.
FINE ARTS.
Thjdley A Keller1 Athletic games In the
education of women. UKtf. r
Foote A Spalding Modern harmony In It
theory and practice. 1903.
' HISTORY.
Cheyney Readlnue in English history,
drawn from the original sources. 1908.
CriobHeld American supremacy: the rise
and progre" of the Latin American repub
lics and their relatione to the IT. S. 2 v. 1908.
Curtln The Mongols in Russia. 19C8.
Oawaon The evolution of modem Germany.
1908.
LITERATURE!.
Benson Poems. 1909.
Blakely Teachers' outlines for studies tn
English, based on the requirements for ad
mission' to college. 19C8.
Courtney Secret of our National literature;
chapters in the hirtory of anonymous and
pseudonymous writings. 1908.
Goll Criminal types In Shakwpeare. 1909.
Stafford, ed. Fatrtotlo recitations and read
ings. 1902.
Stebblne Progressive course in English for
secondary schools; flret year book. 19o.
PHILOSOPHY.
Boell 13ssentlal of psychology. 1R9S.
Lubbock Peace and happiness. 1909.
. ' RELIGION,
ftilambler The great schism ef the wear.
,9W.' . SCIENCE. )
Bailey Beginners' botany. 1909.
Miller The bird our brother; by Olive
Thorn Miller (pseud.) -1908.
SOCIOLOGY.
Holat Constitutional law of the United
States. 1S87. ,
King Electoral reform; an rnqulry into onr
system of parliamentary representation. 1908.
USEFUL ARTS.
Baker New Ideals In healing. 190JJ.
Ball Natural sources of power. 190.
Ball Natural sources of power. 1908.
Brereton Well irrigation, for small farms.
jg09
Horner Tools for machinists and wood
workers. 1906.
Bosenhaln Glass manufacture. .1805.
BOOKS ADDED TO REFERENCE)
DEPARTMENT.
Cl.ment-Law of Are insurance 2
Blectrlc club Journal, -v. 1-5. 1904-1908
Granger Index to poetry and recitations,
''poor's ready reference bond lsrt. 1908.
BOOKS ADDED TO CHILDREN'S
DEPARTMENT.
Abbott Queen Elisabeth.
Adams Harper's Indoor books for boys.
George, ed. Little Journeys to France and
Switzerland.
Goldlng Story of H. M. Stanley.
Jenks Photography for young people.
Manifleld Our little Egyptian oousta.
Petrie Kgyptlan tales. 2 y.
jtoutet Our little Australian cousin.
Stoddard Red patriot.
THREE JUDGES; NO MORE
Constitution Meant Jnst That as to
Oregon Supreme Court.
PORTLAND. Oct. 26. (To the Editor.)
I fully agree with The Qregonian in rela
Lon to the recent act St the legislature
which attempta to add two additional
Justices to th. three provided for by the
State Constitution.
Tbe question is hardly a legal one. as it
Involves the construction of the language of
the constitution. In his work on "The In.
terpretatlon of Laws." at Pae Mr
Black aaya: "It Is not permislable to dis
obey, or construe Into nothingness, a pro
vision of the constitution meny because
It may appear to work Injustice, or lead to
harsh or obnoxious consequences or In
vidious and unmerited dlscrlminationa. and
still less weight should be attached to the
argument from mere Inconvenience."
In other words, the fact that we need
mors than three Supreme Judges and that
they cannot take care of all the business
that goes up on appeal, should have little
or no weight In determining what the con
stitution means. The persons who framed
and those who sdopted the constitution
foresaw that the state would outgrow that
document and wisely provided for its
amendment. Many, If not moat, people who
have considered the matter are of the opin
ion that the attempt to Increase the num
ber of Judges Is unconstitutional. Oregon
had a small population when the constitu
tion was framed and the old settlers who
were Hr at that time will remember that
it was necessary to limit the number of
offices and salaries in order to obtain the
adoption oi liio - j
settlers were for economy and as few offices
and onricars as i"" "l
eoold be tranaacted by. Hence, the consti
tution provided that the Circuit Judges
ahould bold tbe Supreme Court In addition
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OREGON MEDICAL INST.
291 Va Morrison St., BeL Fourth and Fifth
PORTLAND, OREGON
to transacting the business in their re
spective districts, until the state should
have a population of 200.000. It is imma
terial that these Judges were called Su
preme Judges. Their principal duties were
to hold the Circuit Courts in -their respec
tive districts.
The constitution (Art. VII. Bee. 10) pro
vides that when the white population of the
state shall amount to 200.000 the Legislative
Assembly may provide for the election of
Supreme and Circuit Judges in distinct
classes, "one of which classes shall consist
of throe Justices of the Supreme Court."
This section provides expressly that the
class provided for the Supreme Court "shall
(not may) consist of three Justices of the
Supreme Court." This provision Is In the
nature of an enabling act. Until the popu
lation should amount to 200,000 the Legis
lature was powerless to provide for the elec
tion of Supreme Justices In a class distinct
from the Circuit Judges; and, when the
population reached 200,000, that body was
enabled to provide for the election -of Su
preme Justices In a distinct class. But the
Mn.ritntinn declares this class shall con
sist of three, not Ave. Justices of the Su-',
preme Court. The Ola maxim, eipreraio
unlus est exclusio alterlus applies here with
controlling force. By authorising the Legis
lature to elect Supreme Justices in a distinct
class, when the state should have a certain
population, and declaring that 'ths number
to be elected should be three, it is clearly
Implied that they should not provide for
the election of either more or less than
that number. This amounts to a declara
tion that the number of Supreme Court
Justices shall be three until tje constitution
Is amended In the manner prescribed by
that Instrument, and not by a usurped
judicial construction by tbe tribunal con
cerned. If the three constitutional Judges wll
have the courage to declare this attempt to
Increase the number of Justices unconsti
tutional, I believe that such a decision will
meet tbe almost unanimous approval of the
people of Oregon, and that It will be pos
sible then to amend the constitution so as
to permit such an enlargement of that court.
The Judges take an oath to support the
constitution, and the people of the state
will wait with interest to see whether the
three constitutional Judges have the cour-
age to set aside these "end men" (as they
have been called) and declare that "the
constitution must and shall" be obeyed. "VVs
shall see. W. M. R.
THIS THE SHORTEST PLAY
Distinction Said to Belong to "Ros
xnnnde," Five-Act Tragedy.
New York Tribune.
In a controversy as to the shortest
pray. Professor Millon Bogavic says in
an article recently published in Berlin
that none of the plays mentioned was
really the shortest, as that distinction
beldnged to Giovanni Venture's "trag
edy" in five acts, entitled "Rosmunde."
This is tbe play:
Characters King Alboin, Rosmunde,
daughter of King Kunsmond, consort of
King Alboin; Peridous. a slave.
' ACT I.
Alboin (hands Rosmunde a skull filled
with wW) Drink, it is the skull of thy
father!
Rosmunde (horrifled) Ah!
Alboin I command you.
Rosmunde (drinks and his'ses) Woe
unto thee!
' ' ACT II.
Alboin (smiling sardonically) SadT
Rosmunde Could I be otherwise?
Alboin Forget!
Rosmunde Begone!
Alboin You hate me?
Rosmunde (Ironically) How could I?
ACT IIL
Rosmunde (looking at a small dagger,
calls) Slave!
Perideus (approaches) and kneels at her
feet) My Queen!
Rosmunde (passionately) I love you!
Perideus Oh. heaven!
Rosmunde Come with me.
(Exit both, embracing.)
ACT IV.
(The king's antechamber.)
Rosmunde (hands dagger to Perjdeus)
Go kill him.
Perideus (irresolutely) The king?
Rosmunde Your rival.
Perideus (furiously) Ha! He shall die.
(Exit Into king's bedchamber.)
ACT V. v
Alboin (In muffled tones from within)
Help!
Rosmunde (listening anxiously) Die!
Perideus (rushes 'forth brandishing
bloddy dagger) Dead!
Rosmunde (snatches the weapon, holds
it on high) Now. father, you may drink!
(Curtain.)
This play, slightly increased in six,
having about 50 lines, was produced sev
eral times with much success in Milan
and Turin in 1S45.
Boone Cabins for Teahouses.
Baltimore Star.
The certainty of a camp colony at Hot
Springs has appeared sirvce the buildinj
of the Daniel Boone cabin last Summer,
a log cabin used as a teahouse and
formally opened a few days ago. The
teahouse is a facsimile of the birthplace'
of Daniel Boone, and with its rustlff
appearance is'a contrast to the Home
stead Hotel. To build such cabins as
these for camping places a corporation
has been formed and will put up camps
in the vicinity of Homestead for the use
ix the formal
and the informal by living in such primi
tive abodes and usrng tne accuinmuu.
Hons of the hotel, the baths, golf links,
tennis courts and liveries.
Submarine sounding, signals give
to vessels ton miles distant "f the dreaderl
English bank at La Plata Klver, Uruguay,
wht're dense rog nrc upm'""--
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