i)
V
16
THE SUNDAY OREGONIAX, PORTLAND, JANUARY
1911
LEGAL PROCEDURE
SI TO BE RUSTY
Judge Carey Declares Public
Confidence in Integrity of
Bench Well Founded.
NEWER METHODS FAVORED
Revision Willingly Made by Experts
TTrged in Preference to Forced
Action by Incompetents as
TCesuIt of Public Clamor.
The law and the way it operates from
' the lawyer's point of view was the
theme of an address of- Charles H.
Carey, president of the State Bar Asso
ciation, in opening the session for con
sideration' of the report of the Judicial
revision commission in the Federal
courtroom, Postoffice building. Friday.
Judge Carey declared that there exists
public confidence in the integrity of
the courts, but insisted that many stat
utes and modes of procedure are rusty
and out of date and must be revised.
This revision, he contended, had better
come from men skilled in the law than
from other sources.
The address in part was as follows:
"Judges must follow the law as they
find It, and generally American Judges
have been worthy of the trust imposed
In them. Not that I think Judges are
made of different stuff from other hu
man beings, or that an unjust or cor
rupt Judge should be Immune from
criticism. But, the stability of our re
public depends upon the fact that our
Judges can be trusted and are trusted.
Impartiality Is Necessity.
"It Is the function of the courts not
only to act as the impartial arbitrators
between private litigants, but they must
lit times perform the solemn duty of
determining whether a statute adopted
by the law-making branch of the Gov
ernment is or Is not authorized by the
Constitution. Sometimes they are mis
taken, but rarely are they intentionally
wrong. And the confidence of the peo
ple and their acquiescence in the gen
era Tightness of court decisions saves
us from anarchy or resort to barbarouB
force.
"It Is the part of good citizenship to
discourage indiscriminate abuse of the
courts. But it is none the less the duty
of evory good citizen to assist in im
proving the methods by which courts
administer the law, and the intelligent
discussion of these methods is help
ful. The distinction between street'
corner denunciation of the courts by
the soapbox orators, or the unjust
tirades of sensational magazine writers
against Judges who are unable to
answer calumny, and the proper ad
vocacy of improvement in the .system,
should be quite apparent.
Room for Criticism Admitted.
"It needs no argument to prove that
the machinery of the law is out of
date and Is much in need of improve
ment to answer the needs of modern
times. The popular criticism of ju
dicial methods. Insofar as It is a crit
icism of the system, is right. The sya-
tem needs a thorough overhauling to
make it simple, prompt, efficient and
economical.
"Proceedings in the courts are more
or less a game of skill between counsel,
with the Judge as referee. The court
prefers to try the case on its merits
and to see the righteous cause prevail
But under the statutes and the rules
most of the points that come to him
for decision relate to questions of prac
tice and procedure, and he can reach
the crux of the case only when the
Innumerable dragons that beset the way
have one after the other been success
fully dispatched.
Wrong View la Danfter.
"Many of us, especially those who
take pride in their skill in the science
of the law of court trials, come to look
upon the winning of the game as more
important than that the right prevail.
I have no doubt that we generally be
lieve our own side the right side, and
the winning of the game by skillful
handling of the cards, rather than by
holding the strongest hand, seems per
fectly right, so long as our client is
successful.
"But is it necessary in order to pre
sent the case to the court that so much
importance be given to the purely tech
nical questions of practice and pro
cedure? Is it not posslhle to simplify
and get at the heart of the controversy
more directly?
"These are the questions that the
people are asking the bench and the
bar. They are asking respectfully, and
with all deference to the superior means
of knowledge that lawyers have In these
matters. But the questions must be
given attention, or less skillful men
and women will attempt changes, de
signed to correct what are popularly
believed to be the unnecessary evils of
the present system.
English Practice Cited.
"If our courts were saved the neces
sity of wasting time over demurrers,
motions and trifling matters of prac
tice, as might easily be done. It is my
judgment that with some new rules to
speed up the trials, the Judges would
not so generally be overworked. De
murrers and motions are no longer used
in England. And the new equity rules
as adopted by the Supreme Court of the
United States, and which go into effect
at the end of this month, abolish de
murrers and exceptions to answers in
equity suits in the Federal courts. This
is a reform that would greatly improve
the system, if adopted in Oregon.
"If the proposed workmen's compen
sation act goes into effect, personal in
jury actions will diminish in number,
to the great relief of the courts: and
that under the new water code, the
long and tedious water suits, that have
. taken so much time in many of the
circuits and in the Supreme Court, will
be reiyiered comparatively simple and
of easy disposition.
Technicalities Held Accountable.
"One of the most noticeable features
. of the American system is that the
courts here are held to such strict ac
countability for error in the acceptance
or exclusion of evidence in a trial.
Much of the time of the courts is taken
up with the consideration of the tech
nical rules and their application to trial
evidence, whereas, unless it is manifest
that the error is prejudicial, it un
doubtedly should, and would in any
proper system of Jurisprudence, be
treated as Inconsequential.
"Speaking for myself. I most ear
nestly hope for improvements In the
system of practice and procedure in
Oregon. I think that it is not enough
to express regret that the system is in
adequate, or to assume that the failure
of the courts in many cases to do justice
because bound by precedent is a neces
sary condition. On the other hand, it
is well to keep in mind the saying ot
Lord Chief Justice Hale that 'consid
erations touching the amendment or
alteration of laws Is a choice and ten
der business.' Too much haste may
make confusion, and unsettle the prac
tice without bringing real reform.
"Experts have drafted revisions, and
many minds are engaged In the study
of the comparative jurisprudence of
various countries for the purpose of
discovering the best methods In use
ROSECRANS DISASTER SHOWS NEED
OF WIRELESS PLANT ON LIGHTSHIP
Needless Peril and Long Delay in Locating Scene of Wreck Laid to Lack of Communication From Bar to Shore.
. Rescued Han Cries as Life Crew Leader Leaves."
' r-y , r ' j Sr c tiftf -.-X rSV
' ''' i
Point Adm Life-Saving Crew, Which Saved Two of the Roaecrana' Ill-Fated Crew Last Tuesday. Captain
Wlcklund Stands With Hla Hand on F. L. Allen's Shoulder. The Members of the Crew Are: o. 1, Charles
. Pleraon; Ko. 2, B. C. Anderson ( No. 3, H. A. Pagemam No. 4, F. L. Allen I No. 5, Carl Peterson! No. 6, Pat
Nagel. Standing Next to Left njd Heart No. 7, O. Erlekaonl No. 8, Leonard Pleraon. The Two Other Men
Shown In the Picture at the End of the Rear Row Are Not Members of the Crew,
BT WILL G. MAC KAE.
, POINT ADAMS LIFESAVING STA
TION, Jan. 11. (Special.) "We are
rapidly breaking, to pieces on the bar.
Good-bye." . ' ...
This 'was the' last earthly message
Captain Johnson flashed to the ' wire
less telegraph station Tuesday jnorn
Ing. It was the message which sang
through the air and which sounded the.
dirge of 33 lives. Evidently had Cap
tain Johnson been given more time he
would have-added .the proper location
and told that his ship, the-Rosecrans,
lay on that treacherous Peacock Spit,
know the world over where seafaring
men gather as the ocean graveyard of
(he mouth of the Columbia River.
The actual cause for the wreck of
the Rosecrans perhaps will go down
as another of those conjectured sea
mysteries. Dead men teU no tales. The
survivors, Joe Slenning and Eric Land
mark, and Captain Wlcklund are loath
to lay blame on the dead. Yet blame there
was blame and plenty. As much to
blamo as it seems was the navigator
of the ill-fated oil tank steamer, there
were the red ribbon bound, desk
epauletted gentry at Washington, who
never move until the indignation of a
people forces them. They were to blame
for not equipping the Columbia light
ship with a wireless telegraph system,
so that a message telling of the exact
location of the Rosecrans would have
been flashed ashore, and then to the
lifosaving stations at Fort Canby and
Point Adams. It would have saved Cap
tain Wlcklund long and perilous hours
of searching for the wreck. The
precious hours which both lifesavins
boats wasted In their search would
have been avoided and perhaps ail 33
lives lost would have been saved.
Lack of Wireless Lamented.
It is a fact, however, that this light
ship was not equipped with wireless.
Even the good ana true women, me
wives of the different lifesavers at
Point Adams, did not know for many
wearying hours hours crowded with
the most heartrending kinds . of false
rumors that the lifeboat Dreadnaught
and its gallant crew and tne two men
whom they had faced 1000 dangers to
save had found a safe refuge on the
lightship. '
So far Frank L. Allen, No. 5 of Fort
Canby life crew, has not -been 'men
tioned as being one of the heroes, but
he is one nevertheless, for It was Al
len who volunteered to ride in and steer
handful of the railing.' It fut'his hand
and when he came to the surface he
must have stabbed his face, for this
was the blood which Captain Wlck
lund saw when he hurried to their res
cue. When he was picked up he still
the Fearless and was able to render as
sistance.
One of Captain Wicklund's crew con
sented to tell tile story of the rescue,
provided his name be withheld. In his
recital he tells of the disaster which
befell the Fort Canby life-saving boat
and the loss of this boat. He says of
Captain Riner. like Captain Wlcklund,
that he is a man of great and unde
nted courage. . .
- Great Strength Exhibited."
"Captain Riner gave - an exhibition
of his . great strength when his boat
was swamped by a great sea,'.' said this
life-saver. "He and Captain Wlcklund
had worked -their boats around until
they found a path,-a tiny, ribbon-like
path, that would bring them near the
wreck. The Fort Canby crew was in
the lead. There was a narrow streak
of oil which had begun to- cover the
surface as it escaped from the wreck.
This Captain Riner followed and as
long as he was able to keep his boat
in this narrow streak he managed to
make -headway. Suddenly, however,
the boat was swept clear of this path.
The Rosecrans lay between two cur
rents and as the currents came to
gether, tossed by the wind, the waves
would rise mountain high, going as
high as the mainmast, which was about
60 feet high. One of these waves
cauht the Fort Canby boat. Like a
chip, it was tossed high in the air. The
boat for a second twisted like a living
thing, settled back -on its stern, then
keeled over, making a complete somer
sault. Captain Riner and his crew were
shot clear- over the bow. If they were,
thrown a yard it must have been 4U
feet. Captain Riner had hold of a brass
liandhaiL His great strength is shown
by this. When the shock came he still
grasped the . handrailing and when he
went overboard he carried away a
boat from Fort nS;. wilch taS' tho broke rail
unsnippea its loaa oi mesavers. wriue
Frank Allen did not take part in the
rescue of the two men, he went aboard
"I don't hesitate to say that I think
the man on the bridge of the Rosecrans
took his bearings after be was around
Tillamook Head and got in too close.
One of the rescued men says that Cap
tain Johnson had not intended to pass
over the bar until daylight in the
morning, which was undoubtedly the
truth. Then, beyond question, this chap
mistook the lights of North Head light.
But what's the use of speculating. The
men are dead."
Rescued Men Grateful.
One of the many touching scenes at
the Hammond Dock when the members
of the life-saving crew were brought
home, was the parting between Captain
Wlcklund and Eric Lindmark. He stood
bareheaded in the pelting rain and
grasped Captain Wicklund's left hand,
for the right one was injured, with
both his oil - smeared bands and
gasped: -
" 'Captain, If I had a million dollars,
you could have It all." These were the
first outspoken wo.rds of appreciation
the rescued man had been able to utter
and his bloodshot eyes were bleared
with tears as he wrung the captain's
hand. He was a bit more demonstra
tive than Slenning, but Slenning was
hone the less grateful for being saved
from a watery grave.
"And to think because this band of
eight God fearing brave men, because
they receive pay for saving life, does
not expect or hope for other reward
than that which will be laid to rest
among the unwritten history in the ar
chives of the life-saving bureau back
at Washington. However, if ever there
were men or a set of men deserving
of the Carnegie hero medals, it is Cap
tain Wlcklund and his wave-fighting
crew Charles Pearson, No. I; Ben An
derson, No. 2; Rudolph Pajoman, No. 3;
Carl C. Peterson, No. 4: Frank L. Allen,
No. 6; Robert Nagle, No. 6; O. Erick
son. No. 7; L. PearBon, No. 8."
Moving
.Day Prices
On Everything in
The Mo
Stores
at
at First and Morrison
and First and Yamhill
Great Reductions
on All Clothing
and Furnishings
Advantage Now
While We Are Still Here
All
All
C 1 oth in g Reduced
Overcoats 'Reduced
All Underwear Reduced
All Furnishings Reduced
First and
Morrison
First and
Yamhill
WHEN YOU SEE IT. IN OUR AD, IT'S -SO
elsewhere. For example, the Pennsyl
vania Bar Association at its meeting
last June was presented with a tenta
tive plan of revision based largely upon
tht.t of Massachusetts and of England,
that had been prepared Dy its commn
tAO nrovinnslv aonolnted: and though
the committee did not offer It as a final
rnnrt or recommendation, and asked
nthpr vear for study and considera
tion. It reauested suggestions and criti
cisms; and in presenting tnis partial re-
r.nr It snhmitted a Orlet statement upon
each section as drafted, showing the
reasons for the proposed change, the
arguments against it and the effect
upon the existing statutes.
"The work of the members of the
commission has been arduous and It
must be remembered that It Is easier to
(.riticise the reports tnan it is to pre-
nnre a practical substitute lor tne sug
gestions presentea. . Ana.
agree with the suggestions or not, we
owe these gentlemen thanks for their
devoted -and conscientious labor in the
discharge of this. duty.
R00M.F0R RELICS. OFFERED
County. Court Endeavors to. House
Oregon Historical Society. .
Th County Court has offered George
H Hlmes. of the Oregon Historical so
clety.s theuse of three rooms In the'
west wing of tne new Courthouse as a
hnm Inr the society's offices and ex
hibits, which will have to vacate the
City Hall soon on account of the space
being needed. ,
Mr. Hlmes wants the suite of offices
now occupied by-the County Clerk, com
prising a whole floor of the east .wing,
but Countv Judge Cleeton said yesterr
day that lt.would be imposslble to give
up so much space. The three rooms
offered are not large enougn to iiouw
all : the historical relics. .Mr. Mimes
sursrested that they might be placed
around the corridors, as at the City Hall,
but this Idea does not meet with favor
from the County Court. -
Negotiations have not been complet
ed yet.
County Needs Being Listed.
Within a few weeks the County
Court will call for bids for the fur
nishing of books, stationery and other
similar supplies for the various depart
ments of county government. The
County Clerk. Assessor, Sheriff,-Treas
urer and other officials were written
to yesterday asking that they send in
at once a statement of their needs.
Women to Enter Politics.
Dr. Ij. Victoria Hampton will run for
the office of Councilman at the next
municipal election. For some time her
friends have been urging her to place
her name before the public as the first
woman to seek office in the "City Coun
cil, and Bhe has at last decided to be
come a candidate.
Hiawatha Utah Coal, $9.50. Edlefsen."
SUPERLATIVE PRAISE IS
GIVEN TO MAUD POWELL
Noted Woman Violinist Is Big Success in Honolulu Inviting Programme
for Portland Becital January 15 at Heilig Is Arranged.
land programme will be no exception
to this rule and will include a numoer
of novelties. The programme follows
Concert In O Minor ....'.S. Coleridge-Taylor
Sonata. E Major . . Uai h
Hungarian Dance. ... ......Brahmiotchlm
Up the ocklawah....-. Marian Bauer
Scherzo Caprice t... Graase
Russian L,uuaDy -
Sc-snes do la Csarda . .Huhay
To Spring- Orieg-Marcosaoy
Polonaise, D Major wienlantki
The recital Is under the direction of
the Portland Musical Association.
HEILIG STAGE APPROVED
BEX
HUB" TO BE PRODUCED
AT SEW LOCATION".
AUD POWELL, who Is to give a
volln recital Wednesday evening,
January 15, at the Heilig Thea
ter, is at present . In San Francisco,
where she is playing some return re
citals, after a wonderful success In
Honolulu. Critics everywhere are
praising her In superlative terms, say
ing that superlative music may only
be spoken of in corresponding terms.
Madame Powell has a reputation for
the art or making a programme and,
simple though it may seem to the
average concert-goer, it is in reality a
gift possessed by very few. Her Port-
4 'lJ'.UIM' l'll. tf J. '".'J. 'J .U. '.IJ.I . ) IS. l'J.L'.l.l l l.l.'l, .l.'J . J.. IJ
-ft- j
v - - vlx r t
f " PI
V & v M
J i - ' f ' irn-1 rimM-ninur-!- ' -it..ir ) : tttr "lnwni miini
MAID POWELL, WHO W ILL GIVE RECITAL AT HEILIG MSCABT 15.
STERE0PTIC0N VIEWS SEEN
Father Smith Furnishes Entertain
ment for Inmates of Home.
An Instructive programme of stere-
opticon views of prominent places and
events -was presented Tuesday after
noon by Rev. Father Smith, of the
Paullst Society, assisted by the Sisters
of the Holy Names, In the large dining
room of Mount Saint Joseph's Home
for the Aged, where 110 of the aged.
Infirm and helpless live.
Archbishop Christie, several priests
and visitors were present in addition
to Inmates of the Home who were able
to attend.
The Sisters of Mercy wish to extend
their sincere thanks to the following
kind benefactors: Mrs. Devlin, Astoria,
$50; Miss Frances Harrington, J20; Mrs.
Mary Cremens, $10; a Friend, $30; Cash,
$5; a Friend, $5; Mrs. J. P. O'Brien,
turkeys; Albers Brothers, 20 sacks of
flour; a Friend, three tons of flour and
two barrels of meat: Dunning & Mc
Entee, six turkeys: Commission Men of
Front street, turkeys, vegetables and
fruit; St. Ann's Society, clothing for
both men and women.
Thanks are also given for the fol
lowing donations to the St. Agnes' Baby
Home, Park Place: Mr. Edwards,
chairs: Mr. Mack, chairs; Thomas
Kindred, a chair; Mrs. Anna Crowley,
$20: Mrs. Michael O Brien. to.
In addition a tea which was given
.by the Catholic Cathedral Aid Society
realized $350 for the furnace at tne
Baby Home. " .
TAZWELL TO SHOW FIGHT
Pardon for John Davis Will Be Bit
terly Opposed by Judge.
Application to the City Council for
a pardon for John Davis, a youth who
has been In almost continuous trouble
for nearly three years, will be hotly
resisted by Municipal Judge Tazwell,
partly upon the ground that a veiled
offer to bribe him was made in a pre
liminary effort to procure the boy's
release. The offer was made, says
Judge Tazwell, by an unknown man of
alien birth, who approached him in his
office with a plea tor a reopening of
Davis" case, and twice remarked that
there would be "a handsome present
In it for the magistrate. The emissary
was ejected without his name being
learned.
Davis, after enjoying the clemency
of the court time after time, was sen
tenced in November, to be confined at
the rockpile for 90 days and to pay a
fine of $200. - The charge was that he
had been drunk. Prior to this he had
been arrested numerous times for using
cocaine and for consorting with drug
users. He first came to the notice of
the police as one of the boy-victims of
Solomon Miller, a druggist-
Charles Montague Dead.
Death, from hemorrhage, came, to
Charles - D. Montague, examiner of
merchandise In the Custom-house, ' at
his home, 4427 Forty-first avenue South
east, Friday. He leaves a widow and
two sons. He entered the Custom-house
service August 21, 1S92, and continued
In it until his last illness. He was born
at Vancouver. Wash, Jan. 2. 1867.
Funeral services will be held at the
crematorium at 1:30 o'clock this afternoon.
Army of Actors, Score of Horses and
Camel Will Easily Be Accommo
dated at the Old Baker.
In an unlooked-for way. through the
shifting of the various theaters, the old
Baker, now the home of the Heilig at
tractions, was given the stamp of ap'
proval In New York yesterday by rea
son of Its size. The production of
Ben Hur,". which is to be staged by
Klaw & Erlanger here for the week be
ginning January 27, was the cause.
In transferring his attractions to the
former Baker Theater Calvin S. Hei
lig was well aware of the coming of
"Ben Hur,'1 but took it for granted that
others knew the great stage possibili
ties of the theater as well as he did.
C G. Cooke, the cifief business repre
sentative of Klaw & Erlanger, came up
from San Francisco at the beginning
of last week in order to make com
plete advance arrangements for this
massive production. He wrote the
company of the change and they wired
back to know the exact measurements,
evidently thinking the Baker Theater
not so large as the old Heilig.
The exact measurements were then
taken by Mr. coeke. and they were
found to be SO feet from wing to wing,
61 feet from stage to rigging-loft, 57
feet width between girders and 37 feet
from footlights to rear wall. .
These -measurements evidently caused
surprise in New Tork, for in the re
"turn wire they mentioned that it was
as large as the Broadway Theater.
Denver, where the play has been given
recently and which is considered a
large theater.
Though "Ben Hur" has been here
three times before, this will be the
first time that the full display has
been given. '
There are 200 people, 18 horses and
a camel In the play and in addition a
special orchestra under the direction
of Professor Gustaf Hinrlchs. who
wielded the baton during the long en
gagement of the German Grand Opera
Company at the Metropolitan Opera
House,. New York, and who . led the
music on the occasion of the first ap
pearance of Madame Tettrazini In San
Francisco.
Mr. Heilig is having the leading
cities of Oregon extensively informed
of the coming of the play, and it is
fully expected that the numbers who
came on former occasions from Salem,
Oregon City, Koseburg, Albany and
other points will be greatly exceeded.
one who was anxious that the meetins
should show some tangible result, after
a day passed In discussion of needed
changes. The committee will do busi
ness direct with the Legislature, tho
time being too limited to permit of a
report being made to the association
first
Aaron I'ox Gets County Contract.
Aaron Fox yesterday was given. a
his bid of $2016.76, the contract for fur
nishing food supplies for the County
poor farm for the next six months.
Other tirms which submitted bids were:
The Meier & Frank Company, $2246.93;
Everding & Farrell, $2285.06; Olds,
Wortman & King, $3451.15.
Vegetarianism Will Be Discussed.
"Vegetarianism' from All Points ol
View" will be the theme for discussion
at the meeting of the Vegetarian Con
versazione, at 511 Yamhill street, Tues
ipy night, at 8 o'clock.
NEW COMMITTEE IS NAMED
Bar Association Representatives to
Confer With Legislature.
Charles W. Fulton, United States Dis
trict Attorney MeCourt. Will R. King,
R. J. Slater, of Pendleton, and D. W.
Sheahan, of Enterprise, compose the
committee appointed by President
Carey, of the State Bar Association, to
determlno 1ut what revlfilnn rf inril-
by the association to the Legislature at
its session commencing this week.
This committee was selected pur
suant to- motion at Friday's meeting of
the state Bar Association in the post-
office building, called to consider the
majority and minority reports of the
judicial revision committee. Neither
report was indorsed, and warm resolu
tions were adopted stating the neces
sity for action on the part of the legal
fraternity if th code is not to be
amended by others outside the pale of
the profession.
The committee was a last resort, for
It was the outcome of a suggestion oy
SEE THAT
FCURVE
Look Upward
and Stop Headaches
A thin, weak neck 1s a fre
quent cause of headache. With
such a neck th blood supply to
the brain is poor, with the result
that the latter Is easily fatigued,
and then you have headache.
Then, when the neck muscles
are weak, the head is rarely car
ried In Its proper position. It Is
allowed to droop forward, or to
one sides the proper circulation uf
the blood being interfered with,
and headache is again the conse
quence. Further, when the head Is not
held properly, there is jar when
walking or taking other exercise,
and once more headache is the
inevitable result.
The two best exercises for the
nerk are head bending and head
lifting.
In the former the head is bent
backward and forward- and to
one side or the other, the under
jaw being thrust out when bend
ing backward, and forced down
into the cheft when the head
comes forward.
Head lifting Is really neck
stretching, the neck being
stretched as far upward as pos
sible. Brain workers who foel fatigue
coming on will find that a few
minutes of head bending and
head lifting will clear their
' brains and wonderfully restore
their energies.
With our modern methods
of sight testing we cau de
termine whether your eyes
are the cause of your head
ache and will not recom
mend glasses unless abso
lutely necessary.
THOMPSON
OPTICAL INSTITUTE
209-10-11 Corbett Building
Second Floor