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.