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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Oct. 15, 1911)
WOOD IS DEFENDER OF OREGON SYSTEM Legality of Initiative and Ref erendum Given Addition al Proof. PUBLICIST HAS ARGUMENT CImm I'pon Which TclrplMn Compuj Place Reliance Intend ed Only as Insurance Against Porm-atlc Trouble in State. Further defense of the legality of the initiative amendment to the Oregon tat constitution. Involved In the case of the State of Oregon against the Pacific Telephone A Telegraph Com panr. which ta now before the United states Supreme Court, le supplied by C E. 8. Wood, of thla city, mho haa appended an argument to the brief pre pared In the ease for the (tale by At-tnrney-Oeneral Crawford. Mr. Wood argues that the contention br counael for the telephone company that the amendment to the Oregon coo atltutlon la In violation of the United States Constitution la not well founded. otkenrlM the provision of the Federal Constitution, relied upon by eppoalng counsel, would preclude the people of Orton or any other state from making; any changes In tbelr constitution. A republican form of government. In sists Mr. Wood. In his argument, con templates and meana a government of and by tte poopls as distinguished from tyranny, anarchy, despotism, monarch lam or government by hereditary privi leged rlara The clause In the Federal Constltut on cited by counsel for the telephone company, urges Mr. Wood, Is Intended only aa an Insurance by the combination of the states to each of the states In Its Individual weakness "that each would be protected In main taining a Oovernment of ttva people, by tba peopWa. for the people." In part, the argument of Mr. Wood follows: Claaaa la Qawted. "It a true Hamilton and Madison, In particular Instances, arguing for our wide domain, and the wide reach re quired of the future Uovemment. spoke of the disadvantages of the pure democ racies, such aa the Ureek cities, which necessarily were limited In action to small localities, and even there were subject to thoae errors arising from the passions of a mob. making It perfectly plala that their Mea of a pure democ racy waa the Athenian democracy, a congregation In which every cltlien met, debated and voted; and yet con tinually theaa same men are speaking of the "republics' of Ureeca. among other republics In history. This gen eral use of the word republic' and 're publican form of government' Is so thoroughly In the atmosphere of the formative time of thla Government, aa meaning only a popular government generally, without regard to Internal form, and this Is such elementary knowledge that solemn proof of The fact seems to me to savor of pedantry. With thla apology. I call attention to the following: "The clause of the Constitution which Is relied on by the appellants, aectlon 4 of article . Is: -The United States shall guarantee to every state In the Union a repub lican form of government, and shall protect each of them against Invasion and on application of the Legislature or by the Executive (when the Legis lature cannot be convened), against domestic violence. "If there were nothing else to Inter pret this section, the company In which the words 'shall guarantee a repub lican form of government are found show that the Intent was that the stronger government the Federal Gov ernment guaranteed to protect each of Its weaker Integral members against Invasion. Insurrection and the subver sion of the will of the people by force, aa by some dictator or powerful fac tion. Mr. King. In apeaklng In the Massachusetts Legislature upon thla section, said: -"If the present constitution of the state was meant to be guaranteed as a Bxed form by the United tttatea, would this not be a great detect as precluding any change by the stat Itself, should It see fit to do soT iKlllotra Debates, volume 1. page 101 . -This iaus In tne Constitution was adopted by Hamilton In his plan from Randolphs draft first submitted to the convention, and every utterance of Hamilton. llandolph and Jefferson shows that fearful of ambitious men or factions or secret conspiracies from Oreat Britain. defeating the will ef tba people, and erecting: an oligarchy or a . tyranny by force, the usurpers then sheltering themselves behind state sovereignty, the clause here In iuetlon was In tended only as an Insurance by the powerful combination of all the states to each of the states In Its Individual weakness that each would be protected In maintaining a government of the people, by the people, for the people. Hamilton's utterances are numerous to tne effect that -the foundation of a national government must be laid gper than la the mere sanction of a delegated authority." "The fabric of the American empire ought to rest on the solid basis or tne rramm people.- In No, of the Federalist. Hamilton ears that the objection taken br some asainst the election of the llouv of liepresentattves by the whole my or KepreseniAiiTee oy w orfe -striaes at the very root of or republican government. and a little further on. In the same essay, sajrs.: -The elective rooOe of obtaining rulers Is the characteristic policy of repub lican government." His battle In the convention fT the principle of uni versal suffraae and that only the free Inhabitants slould be entitled to rep rvsentatlon are known to every school boy; and be Slid: tawlMieawat la t'artewa. Ve are now forming a republican government. Real libety Is neither f und In despotism nor In the extremes et democracy, but In moderate govern ments. Those who mean to form a aolld republican government oucfct to pro reed to the conanes of another govern ment. As long as offices are open to all men and no constitutional rank Is established. It Is pure republicanism, but If v.e Incline) too much t. de-rooc-Tcy. ve shall shoot Into a monarchy. The 'difference of property Is already great among us. Commerce and In dustry will still Increase the disparity. Your government must meet tale state ef things, or combinations In procese of time will undermine your system -Pecret Debates, page 1. Mygatt Edi tion. Tuesday. June :. His use of -democracy- Is always In the sense of the Athenian democracy. It Is certainly curtoua that a po litical meaauro such as the Initiative rM referendum, designed to check trat great disparity due to commerce and Industry, wnicn re teareu. .u efflcleccy la purely representative !- Islstlon duo to the combinations which In process of tlms threaten to under mine our system, should be bom barded with the clause framed by tha very man who uttered tha above words. H!a great fear was that some state might lose Its pure republicanism by disparities and combinations which might make -the offices no longer open to all men." Hamilton In No. of the Federalist, speaking of the -petty republlca of Greece and Italy." shows that "the science of politics haa advanced so that the excellencies of republican government may ba re tained and Its Imperfections lessened." Ha discusses the confederate republic of Montesquieu: and ' the whole essay shows tha use of tha worda "repub lican government' as meaning; only a government by the people. Again. In No. 81 of the Federalist, ha discusses his theories of republican government, showing; that he has no particular form' In mind, but simply alms at "a government founded on tha consent of the governed. - Lastly. Hamilton, the author of tha clause In tha Conatltution we are dis cussing, and expounding that very clause, says. No. 11 of the Federalist: The want of a mutual guarantee of tha state governments Is another cap ital imperfection In the Federal plan (meaning the o!d confederacy). There is nothing of this kind In tha articles that compose it; and to imply a tacit guarantee from considerations of util ity would ba a atlll more flagrant de parture from the clause which has been mentioned, than to Imply a tacit power of coercion from the like considera tions. . . . Without a guarantee. t!ie assistance to ba derived from tne Union. In repelling those domestic dangers, which may sometimes threat en the existence of the state constitu tions, must be renounced. Usurpation may rear Its crest in each state, and trample upon the liberties of tha peo ple; while the National Government could legally do nothing more than be hold Its encroachments with Indigna tion and regret. A successful faction may erect a tyranny on tha ruins of order and law, while no succor could constitutionally be afforded from the Union to the friends and supporters ot the Oovernment The tempestuous sit uation, from which Massachusetts has scarcely emerged, evlncea that dangers of this kind are not merely specula tive. Who can determine what might have been the issue of ber late conclu sions If the malcontents had been head ed by a Caesar or by a Cromwell? . . . The inordinate pride of state Im portance has suggested to some minds sn objection to the principle of a guar antee In tha Federal Government, as Involving aa offlcloua Interference In the domestic concerns or the mem Ders. A scruple of this kind would., deprive us of one of tha principal advantages to be expected from union, and can only flow from a misapprehension of the nature of the provision Itself. It could be no Impediment to reforma of the state constitutions by a majority of the people In a legal and peaceable mode. This right would remain un diminished. The guarantee could only operate against changes to ba effected by violence." F. ax la a a Tacitly Has Re'ereadwaa. "This Is the Interpretation of this constitutional clause by the man who drew It upon Randolph's model, and who battled for Its adoption. It 1s harmonious with Its general purport and with common sense; and to have the clause Itself raised now aa A barrier to those very reforms of the Slate Constitution made by a majority of the people In a legal, and peaceable mode to overcome the corruptions of legislatures and the growing tyranny of great commercial combtnatlona Is certainly a reductlo ad absurdura. Madison expresses the same views In the 41d Federalist. There Is another consideration: The referendum has tacitly existed In the Mrltlsh Constitution since the power of the House of Commons and con stitutional government, as we under stand it today, began with Cromwell and the Parliament which Imposed terms on Charlea IL By Walpole'a time It had become a settled politi cal policy that If the ministry were defeated, three courses lay open to It: Either to resign and let tha opposition form a new cabinet; or to purchase and corrupt enough mem bers of the House of Commons to change the majority; or to dissolve Parliament and take a referendum to the people on tha question at Issue. So that at the time of the separation, the referendum at least waa a well known part of the British constitution; and we find Hamilton stating that the Itrltlsh constitution was the best form attainable by us as a model. Every etate constitution has been adopted by a referendum, and the ref erendum always Implies the Initiative, Just aa the power to delegate always Implies the right to act directly. What Is to be said as to the form ef the government of SwltxertandT Is It a republic, or notT Yet there, by the will of the people, the Initiative and referendum exist In full force, and from this republic we have borrowed them. The Federal convention met upon the resolution to endeavor to formu late "a republican form of govern ment." but the particular details of that form were the subject of the most extexnded debate, and ranged all the way from the Idea of a loose confed eracy, as presented by Mr. Tatierson, of New Jersey, to the strong central ised plan drawn up by Hamilton. Xewaeaa Saeald Sot Itejeet, I apologise for wasting so much time In proving that the clause In the and should mean to us. only a guaran ty of a government of the people by the people and a protection against anarchy or despotism or usurpation by violence: and I repeat. It seema an ab surd conclusion, with all due defer ence to the brief of the eminent and learned opposing counsel, to have this clause of the Constitution, designed to protect the people In the right to peaceably changing their form of state government to met now exigencies, used as the means to prevent their doing that very thing. Political science Is a growth, an evo lution. It cannot rema'n fixed. !. Ison. in the Hth Federalist. mlgM have .been holding a l-rtef for the Initiative and referendum. He says: -Hut w!-y Is Ire experiment of an extended republic to be rejected, mere ly because It may comprise what la new? Is It not t!ie glory of the peo ple ef America, that whilst they have raid a decent regard to the opinions ot former tunes and other nations, they have not suffered a blind veneration for antiquity, for custom, or for names. t. overrule tie suggestions of their their own situation, and the lessons of tf.e:r omn experience? To this manly spirit, posterity will be Indepted for the possession, and the world for tne example, of the numerous Innovations displayed on the American theater, in fvor of private rights and puMte happiness." Huntlnjr to Attack Government. Service has been returned to the Fed eral Court In the Injunction proceed ings of the Oovernment agatnat C A. Bunting and wife, of Klamath County, who are charged with taking water Illegally from the ditch of the Klamath Kails Irrigation project. It Is claimed that Bunting and wife made openings In the ditch to secure water wherever they desired. Instead of drawing from the regular Oovernment openings, to the detriment of the other land owners. Bunting announces that he will attack the right of the Government having a title to the ditch. The case comes up for bearing October 22. Oregon Herbs relieve most firms of kidney and bla.ldrr troubles. Flummer iru Co 2 Third street. SYNOD OPPOSES Reorganization of Home Field Is Referred to Presbytery for Report. GILBERT'S REPORT STIRS Delegates HoUl 'Varied Views as to Growth of Sunday Observance. Prohibition Campaign la Widely Discussed. - Plans for reorganisation of the home mission method, changing the manage ment to a committee of 10, one minister and one layman from each of the Ore gon presbyteries, suggested by the com mittee on home missions, met with such opposition on the floor of the Oregon Presbyterian Synod, In eesslon In the Mount Tabor Presbyterian Church, yes terday, that the whole matter was re ferred to the presbyteries, and a report will be awaited at the next annual meeting of the synod next Fall. Puiing the morning session the prop osition was placed on the table, after a strong talk In opposition from Rev. Robert McLean, of Grants Pass, who held that the change would take the management of the home missions from the synod and centralise the power in the handa of a committee. The matter was taken from the table on motion of Rev. V. a Holt, and the synod ap proved of the proposition In the ab stract, but referred tha plan to the presbyteries. Rev. Ernest F. Hall, representing the Board of Foreign Missions, addressed the synod at length, which was fol lowed by a practical demonstration of foreign mission work. Among the rec ommendations adopted was that the Board of Foreign Missions assume charge of the work among Orientals on the Pacific Coast, and place an American In the work who can apeak the Chinese language. Both recommen dations were approved. Pastors' OKaervatloaa Differ. Rev. W. a Gilbert submitted the re port on church activities, stating that never before in the history of the church was it so efficient or active In all lines. The report said that Sunday observance was more general than ever before. A number of recommendations were made In tha temperance reform movement. Rev. O. . I Tufts, representing the Sunday Observance Alliance, addressed the synod, declaring that he could not sgree with the report that Sunday waa being observed more than ever, and, on the contrary, declared that there were forces at work to destroy the Lord's day, and named the Religious Liberty Society as one agency in the destruction of Sunday. He made an at tack on the Seventh Day Adventists aa one of the forces in the movement to set aside the Lord's day. J. R. Knodell. retiring superintend ent of the Anti-Saloon League, made a short talk reviewing; the causes of the recent defeat of the temperance cause in Oregon. He announced that J. Frank Burke, an experienced temperance man, had arrived in Portland to take charge of the work of the Anti-Saloon League. Rev. William Parson also spoke on the defeat of the temperance cause in Ore gon. A motion to approve the Anti-Saloon Lekgue was opposed by Rev. Samuel C Adams, of Coos County, who said that the defeat of prohibition In Coos County was due to the "criminal neg lect of the Anti-Saloon League." Rev. Mr. Adams made an extended address In opposition to the indorsement of tha Anti-Saloon League, but after a state ment from Mr. Knodell the synod passed the resolution approving the work of the league In Oregon. Peace Move Promoted. Rev. J. V. MUligan waa recommended for re-election as Sunday school synod lea! missionary for Oregon, but the plan to appoint local Sunday school missionaries waa referred down to the presbyteries for consideration. All the other recommendations for the better ment of the Sunday school work In Ore gon were adopted by the synod. The Synod went on record as approv ing the general plan of the Government to promote peace throughout the world, and It was voted unanimously that the synod of Oregon Join with the synods of Wsshlngton and California In the movement that a peace commission of two lTesbytertans be appointed to pro mote the work of peace with the Orien tal countries. Pr. A. Wesley MelL agent for tha American Bible Society, addressed the synod In behalf of the society, setting forth Its work. Dr. j. r. Wilson submitted a report on "Co-operation In Education With Other Churches." Last night a popular meeting was held In the Interest of the foreign mis sion work. Rev. Robert McLean pre sided, and Rev. E. F. Hall, field secre tary, delivered addresses. Services will be held this morning In the Mount Tabor Church, with a sermon by Rev. S. W. Seeman. moderator. Other pulpits will be occupied by Presbyterian min isters attending the synod. The new churches of Orenco and Trinity will be dedicated today. The closlng services of the synod mill be held tonight In the Mount Tabor Church, with an ad dress by Rev. W. 8. Holt on horns mis sions. , The synod will hold Its next snnual meeting with the First Presbyterian Church of Wallowa, which Invitation It accepted. BOYS MISSING FROM HOME i:. V. Bowman Say Churn Per suaded Son to Run Away. Leaving home Sunday,' to escape the necessity of attending achool. Newton O. Rossman and Max Hoaglund, both about 1 years old. have disappeared, and their parents have not yet been able to flnd any trace of them. E. W. Rossman. of IT7 Vancouver avenue, says that he believes the two boys have sought work In the near vicinity, and Is making Inquiries. "Max Hoaglund had already run away from home several ttmea. said Mr. Rossman. "but had either returned or been brought back. A short time ago he persuaded our boy to .stay away from school, and finally. on Sunday, both of them disappeared. I think that my boy was led to run awy entirely by the Influence of his companion." Mr. Rossman describes Newton Ross man as a lad of slight build, with heavy black eyebrows and light brown hair, closely clipped. When he left home he was wearing black bib over alla and a black shirt, low shoes that were much worn, and a broad brimmed hat. . -l- -r EIS MAX OF MAST TROCBLES IS SEXT OCT OF TOWTf . Husband Who Squandered $1500 on Spree Promises to "Lead Better "Life Hereafter. ' With $15 In his pockets, the pitiful remnant of a once healthy bank ac count. Frank Skldmore, salesman, er rant husband and cause of woe to him self and many others; wag Bundled Into a taxlcab at the police atatton yester day to take passage on the steamer Bear for San Francisco, that solution having been grasped at by the Muni cipal Court aa the only way out of a tangled mess. Bkldmore had many appearances in the court, and through him many others woe In that tribunal. For seTi- Splendid for Old People j .1 K ii m m n vstSTTl declines the i.eii . j accumulated poison In the blood cause rheumatic pains In the joints, muscles and back. These warnings should be promptly relieved and serious Illness avoided by using the following pre scription which shows wonderful results even after the first few doses. It will eventually restore physical vigor. One ounce compound syrup of Sarsaparllla: one ounce Torls compound; half pint of high grade whiskey (or aherry wine if it Is preferred). This is to be mixed and used In tablespoonful doaea before each meal and at bed time."' Any drug gist has these Ingredients) or will quickly get them for you. Any one can mix them. . - Thla treatment haa the doable effect of rheumatism eradlcator and system builder. A prominent local druggist states that this prescription Is con stantly being refilled. Those who have tried it are enthusiastic over the re sults. AJv. (-vJ XYVK '.rSs The Knight Shoe Company - t announce their change of location to Morrison Street, at Seventh (Tull & Gibbs Building) t - Opening Day n . , is Wednesday ... -. . j October Eighteenth : On Monday and Tuesday. October sixteenth and seventeenth, the store must of necessity be closed, but ' their new PERMANENT HOME w will be ready to receive you Wednesday, October Eighteenth Ing him liquor, two saloonkeepers are under sentences to the rock pile, brought to conviction by the determina tion of Skldmore's wife. It was shown that the man had squandered $1600 over their bars and kept In a continual state of Intoxica tion for weeks. He was arrested and received a suspended sentence. Later he was caught in a raid on North End houses, and a few days ago he was picked up for being In contempt of .v ,'":. ' ' u Poultry fannin'f la destined to become the leading industry of Oregon, which fact is self-evident -when we KNOW that more than $l,qpo,000 worth of eggs (alone) were shipped into Oregon from the Eastern mar kets during 1911. .. . WHAT WE WILL DO FOR YOU In buying one of our Oakland Poultry Farms you will be taught the poultry business, absolutely free of cost, by the best poultry expert in the country, whom we have engaged to be on the ground continuously. We have reserved 40 acres of this land for our plant, in which we will install a 10,000 capacity incubator. We will co-operate with you at all times, so that you cannot help but be successful. Our property is located at Oakland, Oregon, the greatest poultry-raising section in the United States. S and l6 Acre Tracts, $75 to $ ISO Per Acre ON EASY TERMS Write for Literature. OAKLAND POULTRY PRODUCTS CO., Inc. 808 Spalding Bldg. ' Originators of Exclusive Poultry Colonies. Main 1590. -V 7j - tf w r .1 , - - .. - , -r court for being drunk In the face of his promise to the court. The culprit has given assurances that away from his cronies here he will straighten up. On that promise, and with precaution that he should remain In custody until the boat sailed. Judge Cohen allowed him to go. Drunk Empties Pistol a Foe. An unidentified man, too drunk to give hlg name, wag arrested yesterday DOES THE EN BUSINESS PAY? Have yon ever given the above question any thought? is CHIC! fS TTasj sT .. a. by Patrolman dolts In a poolroom at 1 Russell street after he had fired sev eral shota at George Nick, following a quarrel between the men. The drunken man put up a fight while waiting for the patrol wagon and waa handcuffed with difficulty. Nick was not Injured. Dr. Moe's Orthapedle Gymnasium for infantile paralysis and all nervous dis orders, rheumatism, gout, bladder and kidney troubles. Most modern methods. No drugs. 9 E. 14th St. i ,-. v - i:f jaasswaTilfi ' ' 1