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,