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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Aug. 21, 1910)
TIIE SUNDAY OREGOXIAX. POR1XAND, AUGUST 21, 1910. f NAMING OF JUDGES BY PEOPLE UPHELD t I Bar Assembly Clouds Issue, Supporters of Burnett and McCamant Contend. ' REAL QUESTION STATED bII All Voter or LaiTjcrs Only Choose Inch? Is to Be Decided Every Cltlacn Alike Hu In trrcit In Judiciary. Accusation that the real Issue has been clouded by the members of the bar assembly In designating their re eent nomination of candidates for the Faprema Court as a movement for a non-partisan Judiciary, is maue is s negative argument signed by several men of standing throughout the state who are In sympathy with the candi dacy of Judge George H. Burnett and Wallace McCamant. The real question Is declared to be "Shall the judges oe nominated by the lawyers or by the peopleT" It Is brought out In the arrument that certain mem- ters of the Oreiron bar are urging that Judges should not feel obliged to any boll ileal organisation for their elec tion, while on the other hand they are declaring that an organization com- nosed exclusively of lawyers shall prac tically designate the personnel of the supreme bencn. Reply Made to Lawyers. The officers of the Lawyers' Assem 'fcly. held on July 1. recently served on Judge Burnett and Mr. Mccamani ' negative argument for publication In (the official pamphlet objecting to their I nomination at the Republican primary (for Justices of the Supreme Court. An answer to this negative argument was : signed by several men of standing, but lon further consideration, the friends ief Jadze Burnett and Mr. McCamant save preferred to print in the official .pamphlet an abridged argument. The I following argument Is the one origin ally prepared and signed by friends of ; the two candidates, who believe It to hm a cogent statement of the reasons why Judges should be nominated like other officials by the people ana not fcv the bar: "Certain gentlemen have printed In this official pamphlst a negative argu ment against the nomination of Judge George H. Burnett and Wallace MrCm ant for Justices of the Supreme Court. An Issue Is ralaed by this negative argument which we regard as of vital imnortance to the people, and an Issue, therefore, which should be jnsde plain at this time. "At a meeting held In Portland on .June L 110. and composed exclusively lef lawyers, a resolution waa adopted which reads In part as follows: "W favor the nomination of Judges for the Supreme Bench by a proper and legal assembly, railed for that purpose only, composed of lawyers representing the 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 111 and no more. The records 'bow that there are upwards of 1504 I lawyers In the State of Oregon. We submit, therefore, that the two men who have signed this negative argu ment and who undertake to apeak for these lit lawyers have no warrant whatever for calling themselves 'the war of Oregon.' ."This assembly proceeded to nomf sate Will R. King and W. T. Slater, and It Issued an address to the people In support of Its contention that Judges should bo nominated by the lawyers (only, and not by the people, as other officers are nominated. This address contained the following language: " The movement now Initiated la not 'designed as a temporary expedient. It lis Intended to be urged, and wo hope with success, for all time to come.' "It will be noted that thla nomina tion waa not made In subservience to jthe direct primary law, but that the gentlemen named go on the ballot for the November election by virtue of this nomination, made by lis lawyers, wlth- out anything else In the way of sup- port or recommendation, and without 'submitting their claims to the people 'at the direct primary of any party. "Judge Burnett and Mr. MoCamant. without any solicitation on their part, 'yiave been auggested for nominntlon, at the direct primary of the majority Tarty, for Justices of the Supreme Court for the six-year term and the four-year term respectively. The es- embly which suggested their names waa not made up exclusively of law Vera, It was drawn from the different nrtlki of life and Included In Ita mem bership merchants, farmers, carpenters, (physicians, clergymen, etc. i Whole) People Represented. "In compliance with th law. their pe titions, signed by mora than 1100 electors K Idles In 11 different counties, have regularly Bled In the proper office nd their candidacy la thus submitted to the electors for their action. In the man tier prescribed by law. tha manner In which other officers are nominated and tha manner with which the people are familiar. "The Question Is squarely presented, therefore, in thla negative argument, avhether Judgea should be nominated by tha lawyers or by the people. This Issue we believe to be of the utmost Import ance. The courts are Institutions de Signed for the service of the people, and 4iot ths lawyers only. Judges should come from tha people, be In touch with the jpeople, and the administration of Justice should commend Itself to the confidence cf ths people. Judges should not be made to feel that they owe their office to the ealous 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 disinterested In the selection of judgea If Judges are to be eelected by lawyers It will be difficult. If not Impossible, to displace unfit Judgea There will always fee lawyers who havs Important cases In ths courts presided over by such judges, and these lawyers will often be found supporting the re-election of such Judges, even though they know their unhtness for Judicial office. "We believe "ths electors of this state are unwilling to abdicate their power tinder the constitution and the law to se lect and nominate their judicial officers, and ws think they should make this plain ty decisively defeating the present move ment for the selection of Supreme Judges fey ths lawyers assembly. Movement Not Non-Partisan. "The movement In question is Improp erly designated a movement for a non yolltlcal Judiciary. Judge Xing waa a iPepallst Senator, sitting in the Legtsls ur as such from 1S&4 to ISM. In IK he was fusion nominee for Governor and was defeated by Governor Gear. At an other election he ran for District Attor nev. on his osrtr ticket. In his Judicial district. Judge Elater has been less con spicuous aa a candidate for office but -Is equally pronounced In his partisanship. Thla Is not said to ths discredit of Judge King or Judge Slater, who have a light to their political views, but solely for the purpose of pointing out the humbug snd deception involved in the title se lected for this movement designed to con tinue these centlemen 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 sppolnted 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 thla appointment should be merely temporary, to con tinue until the next general election, when the people were to select their own Judges. The case or these gen tlemen la therefore widely different from the cass 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 ths peo ple and haa demonstrated bis quali fications for toe office by long and faithful service. Judge Robert S. Bean was elected Supreme Judge in ISO, 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 ths people. Judge Xot Legislator. "There Is a statement In this nega tlve argument to the effect that Judge Burnett and Mr. McCamant are ap parently not In accord with tho spirit of progressive legislation and popular government. This statement is gratul toua and unwarranted. So far aa ths attitude of these two gentlemen on legislation la concerned, it la Imma terial. A good Judge will not attempt to legislate. It is his office to declare and tnforce the law as It Is. and not to make It something different from what tho people, acting through the Initiative or. through their represents--tlves. have declared It to be. Bo 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 ceDt the vote of tho people at the prl mary election. They will support ths ticket nominated by tne 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 sccept the result of a fair election, conducted in the manner prescribed by lawt If thev will not. then we pass up to the people the question of wnicn are tne better mends of popular government. Judge Burnett. Mr. McCamant fjj.d their supporters, or Judge King, Judge Slater and their supporters' HUNTERS L0ST0NTRA1L WANDER IN" CASCADE MOUN TAINS AND NEARLY STARVE. Two of Party In Trout Lake Region Fight for Last Scrap of Tobacco. Four Bears Are Shot. BT'Siril. Wash.. Aug. 20. (Special.) Having been lost In the mountains ana been on the verge of atarvatlon for two weeks. Miles Ttriley passed through here today on hla return from a hunting trip In the Trout Lake region. He was ac companied br two men from Sioux City. la. They went from Carson, Skamania County, about milea over ths new forest rangers' trails. The party wandered from the right trail and ran out of provisions. They wers nearly on ths point of starvation when they reached one of tho 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. TulleVs companions were great to- .-a n. - wm sn Inveterate smoker, while the other craved for chew ing. While they were lost their supply became exhausted, until nut one cnew remained. The plug fiend had secreted t. 1 ilniii Vint flnsjlv mlSMed It. The other had' taken It for a smoke. The two quarreled over the affair and six-shooters when Tulley stepped In and put a stop to tne an ray. PRIESTS' VISIT IS EVENT Redemptorist Dignitaries Guests at Receptions In Their Honor. Ths visit of Most Rer. Father Pat rick Murphy, superior general -of the Congregation of tho Holy Redeemer, accompanied by Fathera Favrew and Spldel. of his council, was a noteworthy event In ths history of this order. Rev. Father Murray and his councilors ar rived Monday and became ths guests of ths Holy Redeemer Church, at Pied mont. He visited many of the local schools of Portland and vicinity and Monday night waa the guest at a recep tion In the schoolhouse auditorium of ths Redemptorists at Piedmont. This was attanded by a large number or catn olio laymen and clergy of . Portland and surrounding territory. A luncheon, which was attended by Archbishop Alexander Christie and a large num ber of Portland clergymen, waa given on Tueeday. Several addresses were delivered. Rev. Father Edward B. K. CantwelL CaR. superior of ths local Redemptorists Community at Piedmont, mads ths Introductory aa areas, nev. Joseph Gallagher. C. S. C. president of Columbia University, spoke in behalf of the regular clergymen. Archbishop Christie delivered an address. Superior Genital Father Murray made the re sponse to the addresses and expressed appreciation or tne reception, no ao clared that ha was favorably Impressed by Portland and expressed admiration of the leadership of Archbishop Chris tie. He mentioned In particular hla visit to St. Mary's Academy and Col ic ire. He also attended the Redemp torist Community of Portland. Ths Portland Community was estab lished In 190e. when Fathers Cantwell and Guend'.tng came to Portland from New Orleans. NEGRO DIES FROM WOUND North Yakima Assailant Is Held for Murder In First Degree. NORTH YAKIMA. Wash, Aug. SO. Sieclal. William Knox, the negro as sailant of Abraham Lincoln Plaxa. an other negro. In a shooting affray at ths Colored Club In this city on Tuesday evening, will have to face a charge of murder in the first degree. - Plaxa died this morning at St. Elisa beth's Hospital after denying that he had a knife or that he resisted Knox' attack. aa Knox asserts. Knox has been held at the County Jail. The quarrel waa said to nave grown out of tbe appearance of Knox In court as a witness against Plasa. Colored real- dents are eager for a vigorous prosecu tion. BASIC TAX FAVORED East Side Clubs Outline Pro posed Water Amendment. MONEY WILL BE REFUNDED "When Lota Are Improved Water rsers Will Have Credit t for Amounts Paid In Excess to Be Met From General Fund. Ths water committee from East Side push clubs has prepared a aummary of an amendment to the charter to be submitted to tho voters in November. It suggests that the 1907 law be changed In the following particulars: First Charge a baa to frontage tax of 35 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 who have paid for extensions under the law of 107, where tha front footage of property has been taxed for such extensions, ths money to bo repaid In ths ssme manner. Second Ths Council Is to be author, lied to sell bonus to psy for water mains when the cost exceeds the front age tax and the water fund cannot meet the cost. Third The proceeds froro 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 bo paid out of the water fund. An annual sum of not to ex ceed X per cent of the bonded Indebt ednesa of the water company shall be aet apart from the water fund to pay Off the water bond. Fifth All extensions and renewals of tha water system shall be paid for out of the water fund. Sixth The law should authorise the water board to lay water mains and to connect these mains with each lot at the curb line, and to charge the cost of tho connections to the prop erty. The committee which drew the pro visions which are to be Incorporated In thla amendment worked on the subject three months and secured the charters from St 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. E. Rice, - chairman of the committee, said that the committee sought to meet the objections urged against the pres ent method. When the City Attorney haa completed a draft of the amend ment it will be submitted to Mayor Simon and members of tho water com mittee for additions or changes. As soon as ths amendment has been framed and adopted the push clubs will oe asked to take ths subject up at their meetings. A minority report of this same com mittee, representing the views of the labor union men, was presented, its nuroort 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 tne water amendment outlined will go to the voters with such changes as ths Mayor and members of the water com mittee may suggest. LAUNCH MAKES RECORD Limit Battles Elements for 88 Hour and Wins Long Race. VANCOUVER. B. C Aug. . (Spe cial.) After battling with all kinds of elements for 68 hours and establishing new world's record for distance and speed for 60-foot cruising launches, the 60-60 horsepower power boat uimit. 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 iS8 nautical miles. The Stark, owned by Scott Nlcoli, 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 ths Pacific Power Boat Association and the entries exceeded those In the Mar-blehead-to-Bermuda race of last year. The Stark, a 30-foot craft, had a handi cap of nine hours over the Limit, but required 72 hours to make the run. She Is the smallest pleasure cruiser to have completed a race of that length. riMiu is to hare another novel Inter national exposition, to follow the hunt ex hibition, for which arrangements have al ready bean completed. At the meeting of tne Austrian Bee Culture Association, re cently held In Vienna, delegates represent ing SOO associations were present, all of whom voted In favor of Dr. Mura'a propo sition to take steps toward holding an In ternational exposition In 1911. 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 69 These are Arabian color, Nottingham Lace Cur tains, 2Yi yards long, 38 inches wide. A real bargain. Sale of Bed spreads $1.75 Quilts at Sl.lO Honeymoon brand, extra large. EDitjoaUJ Hill iillteii Inlaid Linoleum $ Per Yard Four patterns of extra heavy quality in this sale. These goods sell regularly at $1.68. Tbe patterns we do not consider desirable, but quality is the best. ; Vf avav- (La flL. V IStay Satisfactory "Eanja. ' The Gold Medal Range 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 6ee them. Prioes ' n riitrhoT ttifln nslrprf for TTlflXlV makes not nearly so good. Prices $57.00 to, $139.00. SV I I i.y I O ml II ' Jyji lit ' fit D ; mJjb J 1PPI1IP ft i , ru. Great Sale of N ap o 1 eon Beds No. 221, Mahogany $30.00 Bed, $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 rAA TtaAa rVnm hmlren bnrlroom suits UU Al.UtF " 41 at half price. eras! This $12 Go-Car t Only $7.25 These Carts are extra large and havn soft easy riding springs just the thing for a young baby ; that cannot stand the rough riding of tho. new style collapsible carts. These are first class in -every respeot; only $7.25 Great Sale of Comforters $1.90 Values at $1.25 .Full-sise, cotton filled.ia ' assorted colors. fA GOOD PLACE TO TRADEL .i 1 BEND IS HEW GOA L Extension of Harriman Road Regarded as Certainty. INTERIOR TO BE DEVELOPED Common Xso of Ralls at Points on Deschntes W'ltn the Hill Line Canses Belief Same Course -May Be Followed to Bend. BHND, Or.. Aug. 1. (Special.) Bend, Ilka all tho other towns of Central Oregon, has been profoundly Interested In the recent visit of Presi dent Lovett and his bodyguard of Har rlraan 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. O'Brien and sev eral locating- engineers and traffic ex perts, naturally gives rise to tbe belief that big Harriman building moves are contemplated, and that the Hill devel opment has aet nnder way a compre hensive development of Interior Oregon by the great rival system. That the Deschutes Harriman road will be constructed through to Bend and southward from this point. Instead of temporarily stopping at Redmond as at first announced. Is regarded as a certainty, and purchase of right-of-way between Redmond and Bend la a development anticipated at almost any time. However, a possiouny mai per haps better might be characterised a nrohabUltv. In view of the oommon use of the same rails by both roads at snvaral nolnta along the Deschutes, Is that such a course . will be put Into practice to Bend. What lends color to this supposition la the. fact that from Bend easterly, ex tends the recently-completed survey for tho Hill eaat-and-west road. Should construction upon this be commenced soon, as seems probable, a temporary division of territory between the two roads might evolve, whereby the Hill line would terminate at Bend and take the eastern road from this pome ana th. HHmin road develop the south- ra territory, connecting with their Natron cutoff at Crescent. unntir. the e-entle art of predict ing railroad plans hi Central Oregon of late has become a moat newiiuonag pursuit President Stevens' announce ment that construction on the Oregon Trunk, recentlyshut 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 completed on the outskirts of the town, and at pres ent the bridge for the railroad across Greenwood avenue Is occupying the at tention of the engineers. More than Astorsa Regatta. AUG. 29-30-31 IN ASTORIA'S BEAUTIFUL HARBOR . Greatest Water Carnival Ever on Pacific Coast PACIFIC CHAMPIONSHIP RACES "The Seattle Spirit," "Wolf n," "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 GRAND MARINE PARADE TUESDAY NIGHT $3 $4 ROUND TRIP ASTORIA August 27th to 31st, with Return Limit of September 1st. ROUND TRIP Daily with Stopover at CLATSOP BEACH 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. 40,000 feet of lumber have been pur chased for this crossing 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- ently upon a larger scale than aveiv through the Winter. " The amount of fruit and vegetables shipped this season from. Teneriffe, Canary Islands, Is stated by Consul Solomon Ber liner to have exceeded that of any previous year, especl&llr shipments of bananas and tomatoes, while In potatoes there waa a slight falling off.- 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 WOEK Not the uncertain kind that in a short time 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. i -i ' ft' tit " js Dr. M. S. Bennett, Manager. Dr. B. E. Wright. READ OUR PRICES: 22-Karat Gold or Porce- Silver Fillings, each and lain Crown for. $5.00 up 1 $ .50 22-Karat Bridge Teeth, . Good E u b b e r Plates, guaranteed, each $3.50 each $5.00 Gold or Enamel Fillings, Best Red Kubber Plates, each and up..... $1.00 each $7.50 ALL OUR WOEK IS GUARANTEED DR. B. E. WRIGHT PAINLESS DENTISTS M. S. BENNETT, Manager. 342 1-2 WASHINGTON ST., COR. SEVENTH OFFICE HOURS 8 A. M. to 5 P. M. SUNDAY 9 A. M. to 12. Phones A and Main 2119. Fifteen Yeajs in Portland,