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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Aug. 21, 1910)
TIIE SUNDAY OREGOXIAX. PORTLAND, AUGUST 21, 1910- da ! naming of jodges ! by people upheld Bar Assembly Clouds Issue, Supporters of Burnett and McCamant Contend. BEAL QUESTION STATED hall All Voter or Lawjcrs Onlj Cboose Bench? Is to Be Decided. Every Cltlscn Alike Ha In terest In Judiciary. A ecu nation that th real Issua ha been clouded by tn members of the bar assembly n designating; their re cent nomination of candidates for the Supreme Court as a movement for a non-partisan Judiciary. Is made In a neiratlTe aritument signed by several men of standing; throughout the state who are in sympathy with the candi dacy of Judsre George H. Burnett and Wallace McCamant. The real question Is declared to be "Shall the judges be nominated by the lawyers or by the people?" It la brought out In the argument that certain mem bers of the Oregon bar are urging that 'judges should not feel obliged to any political organisation for their elec tion, while on the other hand they are declaring that an organization com posed exclusively of lawyers shall prac tically designate the personnel of th supreme bench. Reply Made to Lawyers. Th officers of the Lawyers" Assem 'Wy. held on July 1. recently served on I Judge Burnett and Mr. McCamant a negative argument for publication In I the official pamphlet objecting to their 1 nomination at ths Republican primary ffor Justices of the Supreme Court. An ; answer to this negative argument was signed by several men of standing, but 'on further consideration, the friends I of Judge Burnett and Mr. MeCnmant have preferred to print In the official pamphlet an abridged argument, i ne following argument Is the one origin ally prepared and algned by friends of Ithe two candidates, wno Deiieve 11 m fee cogent statement of the reasons why Judges should be nominated like other officials by the people and not by toe bar: "Certain gentlemen have printed In this official pamphlet a negative argu ment against the nomination of Judge George H. Burnett and Wallace McCam ant for Justices of the Supreme Court. An Issue Is raised by this negative argument which we regard as of vital importance to the people, and an issue, therefore, which should be nade plain 'at this time. "At a meeting held In Portland on .June 1, 110, and composed exclusively I of lawyers, a resolution was adopted which reads In part as follows: "Wi favor the nomination of Judges for the Supreme Bench by a proper and legal assembly, called for that purpose only, composed of lawyers representing 4he bar of every section of the state, without regard to politics." Minority of Bar Represented. "Pursuant to this resolution, an as sembly of lawyers was held In Port land on July 1. The number of men .present and participating In the assem bly was 113 and no more. The records 'show that there are upwards of 1300 i lawyers In the State of Oregon. TVa submit, therefore, that the two men who have signed this negative argu ment and who undertake to speak for these lit lawyers have no warrant whatever for calling themselves 'the Oar of Oregon.' "This assembly proceeded to nomi nate Will R. King and W. T. Slater, and It Issued an address to the people In support of Its contention that judges should be nominated by the lawyers ronly, and not by the people, as other I off leers are nominated. This address contained the following language: - The movement now initiated is not 'designed as a temporary expedient. It 'la intended to be urged, and we hope i with success, for all time to come.' "It will be noted that this nomina tion was not made In subservience to the direct primary law. but that the 'gentlemen named go on the ballot for the November election by virtue of this nomination, made by 113 lawyers, wlth out anything else in the way of sup tport or recommendation, and without i submitting their claims to the people 'at the direct primary of any party. "Judge Burnett and Mr. McCamant. without any solicitation on their part. )iave been suggested for nomination, at the direct primary of the majority (party, for Justices of the Supreme , Court for the six-year term and the ffour-year term respectively. The as sembly which suggested their names mm not made up exclusively of law Vera It was drawn from the different fwaVks of life and Included In Its mem bership merchants, farmers, carpenters, (physicians, clergymen, etc. j lbolo People Represented. In compliance) with the law, their pe kStlons. signed by mors than 1100 electors residing In 11 different counties, hav bees regularly filed In ths proper office nd their candidacy Is thus submitted to the electors for their action. In the man tier prescribed by law, the manner In which other officers are nominated and . tha manner with which ths peopls are . familiar. "The question Is squarely presented. ', herefore. In this negative argument, whether Judges should be nominated by , ths lawyers or by ths people. This Issue we believe to be of the utmost lmport 1 since. The courts are institutions de . signed for the service of the people, and rot the lawyers only. Judges should come j Trent the people, be In touch with the , people, and the administration of Justice should commend Itself to the confidence I of the people. Judges should not be made te feel that they owe their office to the , sjealoua support of a comparatively few ' tnen, who are practicing before them and whom they will have frequent opportunity ; to reward. Lawyers are apt not to be j disinterested In the selection of Judges. it Judges are to be selected by lawyers It will be difficult. If not Impossible, to displace unlit Judres. There will always ! tie lawyers who hare Important eases In 1 the courts presided over by such judges. ' and these lawyers will of:en be found I supporting the re-election of such Judges. " even though they know their unfitness for . Judicial office. "We believe "the electors of this state ; are unwilling to abdicate their power , under the constitution and the law to se l lect and nominate their judicial officers. ' and ws think they should make this plain ' fcy decisively defeating the present move ' tnent for the selection of Supreme Judges ,' fey the lawyers' assembly. Movement Not Xon-Partlsan. The movement In question Is improp erly deslgnsted a movement for a non Kl!tlcal judiciary. Judge King was a Ir-epuUst Senator, sitting In ths lgula Ikura as such from US to ISM. In 1K he was fusion nominee for Governor and ..., w .nrnnr Rmt. At an other election he ran for District Attor ney, on his party ticket, in nis judicial district. Judge Slater has been less con- i - A A a t m fnf nfArA but ! yicui'ui mm .., - equally pronounced In his partisanship. This Is not saia to mo oiicitoh v -King or Judge Slater, who have a right to their political views, but solely for the purpose of pointing out the humbug and deception Involved in the title se lected for this movement designed to con tinue these gentlemen on the bench. "Judge King and Judge Slater have never been elected by the people of the State of Oregon as Supreme Judges. They were appointed by a Democratic Governor when an act was passed by the Legislature increasing the member ship of the Court from three to five. This act provided that this appointment should be merely temporary, to con tinue until the next general election, when the people were to select their own judges. The case of these gen tlemen Is therefore widely different from the case which sometimes hap pens of the re-election of a judge with out opposition, when he has been on the bench for a long period of years, has been repeatedly elected by the peo ple and has demonstrated his quali fications for toe office by long and faithful service. Judge Robert S. Bean was elected Supreme Judge In 190S, with, little or no opposition, because no Democrat cared- to run against him. He had been on the bench for eighteen years and had been elected three times by the people. Judge Not Legislator. "There Is a statement In this nega tive argument to the effect that Judge Burnett and Mr. McCamant are ap parently not In accord with the spirit of progressive legislation and popular government. This statement la gratui tous and unwarranted. So far as the attitude of these two gentlemen on legislation Is concerned. It Is Imma terial. A good Judge will not attempt to legislate. It Is his office to declare and lnforcs the law as it Is. and not to make It something different from what the people, acting through the Initiative or. through their representa--tlves. have declared It to be. So far as the loyalty of Judge Burnett and Mr. McCamant to popular government Is concerned, we are authorized to say that they are entirely willing to ac cept the vote of the people at the pri mary election. They will support ths ticket nominated by the people, whether their names are on It or not. Will those who are attacking Judge Burnett and Mr. McCamant attest their loyalty to popular government by an equal willingness to accept the result of a fair election, conducted In . n.M.H)ifcl h lawT If they will not. then we pass up to the people me queauun vi wu.u " ...w better friends of popular government. Judge Burnett. Mr. McCamant Ad their supporters, or Judge King. Judge Slater and their supporters? HUNTERS LOST ON TRAIL TTAXDER IX CASCADE MOUN TAINS AXD XEARLY STARVE. Two or Party In Trout Lake Region Fight for Last Scrap of Tobacco. Four Bears Are Shot. HVSL'M. Wash.. Aug. SO. (Special.) Having been lost In the mountains and been on the verge of starvation for two weeks. Miles Tulley passed through hers today on his return from a hunting trip In the Trout Lake region. He was ac companied by two men from Sioux City. Ia. They went from Carson. Skamania County, about 60 miles over the new forest rangers' trails. The party wandered from the right trail and ran out of provisions. They were nearly on the point of starvation when they reached one of the forestry sta tions occupied by rangers. After leav ing that point the hunters had the good luck of killing two mountain lions and four bears. ' Mr. Tulley's companions were great to bacco users. One was an . Inveterate smoker, while the other craved for chew ing. While they were lost their supply became exhausted, until but one chew remained. The plug fiend had secreted It several tlmss, but finally missed It. The other had taken It for a smoke. The two quarreled over the affair and were biasing away at each other with six-shooters when Tulley stepped In and put a stop to the affray. PRIESTS' VISIT IS EVENT Redemptorist Dlenitaries Guests at Receptions In Their Honor. Ths visit of Most Rer. Father Pat rick Murphy, superior general -of the Congregation of the Holy Redeemer, accompanied by Fathers Favre and SpldeU of his council, was a noteworthy event In the history of this order. Rev. Father Murray and his councilors ar rived Monday and became ths guests of ths Holy Redeemer Church, at Pied moat. He visited many of the local schools of Portland and vicinity and Monday night was the guest at a recep tion In the echoolhouse auditorium of the Redemptorlsta at Piedmont. This was attended by a large number of Cath oUo laymen and clergy of . Portland and surrounding territory. A luncheon, which was attended by Archbishop Alexander Christie and a large num. i rnr. i n d iiirfmn. was given on Tuesday. Several addresses were delivered. Rev. Father Edward H. K Cantwell. C & B superior of the local Redemptoiiats Community at Piedmont. .i . v. , (ntpMnrinrr address. ReV. Joseph Gallagher. C 8. C. president of Columbia University, spoke In behalf of the regular clergymen. Archbishop Christie delivered an address. Superior Genfaj rainer jaurrjr mauv sponaa to the addresses and expressed appreciation of ths reception. He de- . v. . v , wa f.vnrchlr imnreased by Portland and expressed admiration of the ieaaeramp oi AiuiHaui' -tie. He mentioned In particular his i . ... c. u.p Acaitemv and Col- leg. He also attended the Redemp torist community Ol rvnuuiu. ,.. t. t m r a mamnnitv was estab lished In l0t. when Fathers Cantwell and Guendilng cams to Portland from Hew Orleans. NEGRO DIES FROM WOUND North Yaklnxa Assailant Is Held for Murder In First Degree. NORTH TAKIMA. Wash, Aug. . (Special.) William Knox, the negro as sailant of Abraham Lincoln Plaxa. an other nea-ro. In a shooting affray at the Colored Club In this city on Tuesday evening, will have to face a charge of murder In the first degree. Plsra died this morning at St. Elisa beth's Hospital after denying that be had a knife or that he resisted Knox' attack, as Knox asserts. Knox has been held at the County Jail. The quarrel was said to have grown out of the appearance of Knox In court as a wltneea against Plan- Colored reel dents mi eager for a vigorous prosecution. BASIC TAX FAVORED East Side Clubs Outline Pro posed Water Amendment. MONEY WILL BE REFUNDED When Lots Are Improved Water Users Will Have Credit t for Amounts Paid In Excess to Be Met From General Fund. The water committee from East Side ......i. iuK. h,. nrpnarAd a summary of an amendment to the, charter to be submitted to the voters in Boranmr. It suggests that the 17 law be changed In the following particulars: First Charge a basia frontage tax of 3S a lot of 6000 aquare feet, which amount Is to stand to the credit of this lot until used up In water supply at the regular rates. A credit Is also given all lot owners wno nave iwm extensions under the law of 1907. where the front footage of property has been taxed for such extensions, the money to be repaid In the same manner. Second The Council Is to be author ised to sell bonds to pay for water mains when the cost exceeds the front age tax and the water fund cannot meet the cost.- Third The proceeds from the sale of bonds, the proceeds from water con sumed and the frontage tax of $35 shall create a water fund. Fourth All bonds and the Interest thereon shall be paid out of the water fund. An annual sum of not to ex ceed 2 per cent of the bonded Indebt edness of the water company shall be set spsrt from the water fund to pay pff the water bond. Fifth All extensions and renewals of the water system shall be paid for out of the water fund. Sixth The law should authorize the water board to lay water mains and to connect these mains with each lot at the curb lne. and to charge the cost of the connections to the prop erty. The committee which drew the pro visions which are to be Incorporated In this amendment worked on the subject three months and secured the charters from B cities for suggestions. , Only such provisions were Incorpor ated as seemed to fit Portland condi tions. Part of the Seattle method of laying water mains was adopted. L. K. Rice. ' chairman of the committee, said that the committee sought to meet the objections urged against the pres ent method. When the City Attorney has completed a draft of the amend ment It will be submitted to Mayor Simon and members of the water com . i .. mAAitinnn nr chaneres. As soon as the amendment has been framed and adopted the pusn oiuos win do asked to take the subject up at their meetings. A minority report of this same com mittee, representing the views of the labor union men, was presented. Its purport Is free water, but It Is not known whether It will be presented. To get It before, the voters would ne cessitate an initiative petition. It Is considered probable that the water amendment outlined will go to the voters with such changes as the Mayor and members of the water com mittee may suggest. LAUNCH MAKES RECORD Limit Battles Elements for 68 Hours and Wins Long Race. VANCOUVER, B. C. Aug. JO. (Spe cial.) After battling with all kinds of 1. ... . Kfl hnura and establishing a new world's record for distance and speed for 60-foot cruising launcnes. ine 60-60 horsepower power boat Limit, owned by Messrs. Lepage, Marriott and Fellows, of this city,, today finished first in the long-distance race from Ketchikan to Vancouver, a distance of 628 nautical miles. The Stark, owned by Scott Nlcoll. a wealthy Ketchikan miner, was second, and the St. Anthony, also of Ketchi kan, owned by N. A. Mitchell, was third. The race was under the auspices of the Pacific Power Boat Association and the entries exceeded those In the Mar-blehead-to-Bermuda race of last year. The Stark, a SO-foot craft, had a handN cap of nine hours over the Limit, but .. t t Knur, t n yyiaIca the run. She is the smallest pleasure cruiser to have compietea a race ox mat icubiu. Vienna Is to have another novel Inter national exposition, to follow the hunt ex hibition, for which arrangements have al ready been completed. At the meeting of the Austrian Bee Culture Association, re cently held in Vienna, delegates represent ing SeO associations were present, all of whom voted In favor of Dr. Murk's propo sition to take steps toward holding an in ternational exposition In 1911. I - Sale of Velour Couches $13,50 Values for $8.90 Gouches like the illustration, velour covering, biscuit tufted, spring edge and fine solid oak frames, at $8 90 Sale of Lace Curtains . One Hundred Pairs $1.25 Curtains at 69t These are Arabian color, Nottingham Lace Cur tains, 21 yards long, 38 inches wide. A real bargain. Sale of Bed spreads $1.75 Quilts at ?1.1 Honeymoon brand, extra large. Inlaid Linoleum $ Per Yard Four patterns of extra heavy quality -in this sale. These goods sell regularly at $1.68. The patterns we do not consider desirable, but quality is the best. , w 1 n i i el mt " sal F 1 I&slStay Savttsfartorylaitfs. The Gold Medal Eange Monarch, Ranges have been awarded highest prizes whenever they have been shown at public fairs and ex positions. There must be some rea son for this, so if you want the very best, call and see them. Prices T 1 at ,.1.,1 tnt vnanir no mgner mail uan.cu iui iua.j . ryCk tt makes not nearly so good. Prices $57.00 to, 5jl,ilMHJ. 0 o)(g)f Great Sale of Napoleon Beds No. 221, Mahogany $30.00 Bod, $18.00 No. 697, Circassian $40.00 Bed, $23.50 No. 600, Oak $55.00 Bed, now $39.00 No. 548, Mahogany $75.00 Bed, $54.00 No. 433, Tuna $75.00 Bed, now $29.70 Odd Beds from broken bedroom suite at half price. mm mm This $12 Go-Cart Only $7.25 These Carts are extra large and hav sort asy riding springs just the thing for a young baby ; that cannot stand the rough riding of the .new s t y.l e collapsible carts. These are firs; class in -every respect; only $7.25 Great Sale of Comforters $1.90 Values at $1.25 . Full-sise, cotton filled ia ' assorted colors. f&37&ttCA fif-W - at half price. I jj f GOOD PLACE "HO TRADE1, I M 1 40.000 feet of lutnuer nave Deen pur- i euuy upon - BEND IS NEW GOAL Extension of Harriman Road Regarded as Certainty. INTERIOR TO BE DEVELOPED Common 'Tse of Ralls at Points on Deschutes With the Hill Lino Causes Belief Same Coarse -May Be Followed to Bend. BEND, Or., Aug. 18. (Special.) Bend, like all the other towns of Central Oregon, has been profoundly Interested In the recent visit of Presi dent Lovett and his bodyguard of Har rlman officials. This, the first appear ance of E. H. Harrlman's successor In the Oregon field, following close upon the very recent tour of Inspection of this territory by J. P.. CBrlen and sev eral locating engineers and traffic ex perts, naturally gives rise to the belief that big Harriman building moves are contemplated, and that the Hill devel- opment has set under way a compre hensive development of Interior Oregon by the great rival system. That the Deschutes Harriman roaa hii h onn.triinted throuch to isena and southward from this point. Instead of temporarily stopping at Beamona as . onnnunred. la retrarded as a certainty, and purchase of right-of-way between Redmond and Bend Is a development anticipated at almost any time. However, a possibility that per haps better might be characterised a probability. In view of the common use of the same rails by both roads at several points along the Deschutes, is that suoh a course . will be put Into practice to Bend. What lends color to this supposition Is the. fact that from Bend easterly, ex tends the recently-completed survey for the Hill east-and-west road. Should construction upon this bo commenced soon, as seems probable, a temporary division of territory between the two roads might evolve, whereby the H1U line would terminate at Bend and take the eastern road from this point, and the Harriman road develop the south ern territory, connecting with their Natron cutoff at Crescent. However, the gentle art of predict ing railroad plans in Central Oregon of late has become a most bewildering pursuit President Stevens' announce ment that construction on the Oregon Trunk, recently-shut down southward from Bend, Is to be resumed, appar ently indicates that that road intends to make Its way through to California irrespective of all competition. Several hundred workers are en gaged on the grades near this point. A mile and more of grade Is compietea on the outskirts of the town, and at pres ent the bridge for the railroad across Greenwood avenue Is occupying the at t.i.tii nf th en srlneers. More than 40.000 feet of lumber have been pur- f-hameA tor this crosslna- alone. The camps near town are assuming more the appearance of permanent additions to the country's building than tem porary shelters. Wooden buildings are being erected and preparations made for continuance of construction, appar- The amount of fruit ana vegetables shipped this season from. Tenerlffe, Canary Islands, Is stated by Consul Solomon Ber liner to have exceeded that of any previous year, especially shipments of bananas and tomatoes, while In potatoes there was a slight falling off. As aw O tors AUG. 29-30-31 IN ASTORIA'S BEAUTIFUL HARBOR Greatest Water Carnival Ever on Pacific Coast PACIFIC CHAMPIONSHIP RACES "The Seattle Spirit," "Wolf IT," "Pacer II," "Fighting Bob III" and other of the fastest craft in Pacific waters will enter. MOTOR AND ROWING RACES EACH MORNING SAILING RACES EACH AFTERNOON 6 GRAND MARINE PARADE TUESDAY NIGHT $3 $4 ROUND TRIP ASTORIA ROUND TRIP CLATSOP BEACH August 27th to 31st, with Return Limit of September 1st. Daily with Stopover at Astoria. ' Astoria & Columbia River R. R. Fast Trains 9:20 A. M., 6:30 P. M. GRAND CENTRAL STATION CITY TICKET OFFICES THIRD AND MORRISON STS. 122 THIRD ST. They may be unsightly, discolored, uneven and a number missing, but we can correct all of these errors and make your mouth positively attractive. Our work will justify your confidence. , BRIDGE WORK Not the uncertain kind that in a short tima may place -your mouth in worse condition than when you had the work done, but perfectly, balanced bridges without plates, that fit perfectly and can chew any kind of food to your perfect satisfaction. PLATES that won't disfigure you, won't fall down, to your em barrassment; won't make you wish to do bodily harm to your dentist, but plates that will give you genuine comfort, improve your appear ance a thousandfold and probably last the balance of your life. Dr. M. S. Bennett, Manager. Dr. B. E. Wright. READ OUR PRICES: 22-Karat Gold or Force- Silver Fillings, each and lain Crown for. 5.00 up $ .50 22-Karat Bridge Teeth, . Good Rubber Plates, guaranteed, each $3.50 each $o.00 Gold or Enamel Fillings, Best Red Rubber Plates, each and up... $1.00 each $7.50 ALL OUR WORK IS GUARANTEED DR. B. E. WRIGHT PAINLESS DENTISTS M. S. BEXNETT, Manager. 342 1-2 WASHINGTON ST., COR. SEVENTH OFFICE HOURS 8 A. M. to 6 P. M. SUNDAY 9 A. M. to 12. Phones A and Main 2119. Fifteen Years In Portland.