THE OREGON DAILY , JO URN AL POTITL AND, TUESDAY EVENING, JtXLY 7, 1903.
EDITORjIcAL COcTWtTWENT o4ND
THE ORjEOON
jDAILY JOURNAL
. .BY,
eg. JACKSON
Jfoutmaf
7YE REFERENDUM DECISION
vl ?0 1AfD WE CORRIDORS
TIcTWELY
TOPICS
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THE JOURNAL. P. O. Box 131, Portland. Oregon.
At the last nothing la very serious. Mortals give things an Importance quite
beyond their gravity. We ahall slide out of this life into another; and the day of
our death, like the day of our birth, will be shrouded In forgetfulness. And If we do
remember any of our trials and trouble, It will only be to smile that they should
ever bav caused us a pang.
USE THE MONEY WISELY
" The last Legislature appropriated the sum
t of $50,000 for an Oregon exhibit at the St.
Louis Exposition, the expenditure being en
trusted to the State Board of Lewie and
f Clark Fair Commissioners. A controversy
: has arisen over the question of the erection
. of an Oregon building at St. Louis, and
: President Jefferson Myers of the state board
i has placed himself on record as strongly op
. posed to such an expenditure. Hia opposj
" tlon la supported by very sound arguments.
Probably not more than half' of the- states
m the Union will erect state buildings at the
St Louis Exposition, and th lowest es
timated coat of any of the buildings thus far
planned Is that of Montana, which will cost
' $18,000. . This is the cost of the building
alone, and the added expense of furniture,
maintenance and Incidental expenaes will
probably be-$8,000 or $10,000 more. If Ore
gon la to have a state building It must at
least be equal to those of her slater com
, monwealtbs. and the conclusion is Inevitable
that It would cost, altogether, at least half
the sum appropriated by the Legislature
The state buildings at St. Louis will be little
more than social gathering places,, for the
hospitable entertainment of those who may
visit them. They will contain no exhlbita of
Importance, for' the rules of the exposition
require that all exhibits which are to be en
tered in the "competition for medals and
awards must be In the regular exposition
buildings. If Oregon should erect a state
building, therefore. It could not be used foi
the h6using of the state's exhibits.
It Is the contention of President Myers that
it will be much wiser and much more pro
ductlye of results to the state to secure
headquarters th the heart of the city, and to
establish there an auxiliary display of the
fruits, grains, woods and other products of
the state. Quarters could probably be ob
.tamed at a rent not exceeding l&OO per
'month, or $3,000 for the! months that the
exposition will be open. The cost of fur
niture and maintenance would probably not
be more than $2,000 more, so that the total
expense would be In the neighborhood of
$5,000. At these headquarters visitors would
have ample opportunity to see the products
-trf out sta4e and to -partake t -Oregon's host
pltality. The plan would In no wise inter
fere with the regular exhibit at the fair
grounds, and would leave available for -advertising
the state and the Lewis and Clark
Pair a large sum that would otherwise be
consumed in the erection of a state building.
It seems apparent that $10,000 expended in
such advertising would be of Infinitely more
value than If it were devoted to the con
struction of a state building, which would be
practically wortheg8JiAcnjJseexpo8ltlon Js
over.
With the limited amount at the disposal
Of the state board for expenditure ut Kt.
Louis, it U of the utmost Importance that
every dollar should be made to produce the
best possible results, and the Ideas of Presi
dent Myers should meet with the hearty sup
port of his colleagues on the board. It would
be an act of folly to expend one half of the
appropriation for a state building-, leaving
only $25,000 or less for the installation of ex
hibits and for publicity.
successful conclusion by the Commercial
Cable Company, of which his son is the
president.
The entire length of the cable Is 8,300
miles, and the immensity of the work involved
In constructing and laying It Is difficult to
realise. The core of the cable consists of
copper, which is the conductor, wrapped In
gutta percha, the latter aflordlng the Insula
tion. Around the core Is a sheathing of brass
tape, to prevent the torpedo and other marine
borers from boring Into the gutta percha.
Between the armor and the core is a cushion
of Jute yarn, and an outer coating of Iron
and Bteel wire gives the strength necessary
to withstand the strain and resist mechanical
Injury. Preservative tapes are wrapped
around this outer armor, frequently around
each wire of the armour, to prevent cor
rosion. The amount of material employed In the
construction of the cable was enormous.1- It
required 8,000,000 pounds of iron and steel
wire, 2,010,000 pounds of Jute yam, 6,000,000
pounds of preservative tapes, 62.000 pounds
of brass sheathing, 8,600,000 pounds of copper,
2,310,000 pounds of gutta percha, 4,220,000
pounds of preservative compounds, and 306,
006,000 yards of preservative tapes. .
The whole work was completed within 18
months from the time of signing the con
truct. . ."'' ..
The commercial and the political value of
the cable can scarcely be estimated. It
brings this country Into close touch with its
Philippine possessions and will be a powerful
stimulus to the trade and commerce of the
Pacific.
The The Kaiser's sudden friendship for
The opinion of the four Judges' annulling the Initiative and referendum amendment
appears, upon close examination, to be unsound. The holding is that there wer fly
amendments pending at the time this amendment was proposed. The constitution pro
hibits proposing any amendment while other amendments are waiting; th action of the
Legislature or the people. Therefore ' the court concludes that the amendment in ques
tion was not legally proposed or adopted. If there were no amendments then pending,
the decision is wrong.
Four amendments were proposed by the Legislature of 1893, which were agreed to
but not submitted by the Legislature of 1805. Another amendment was proposed by
the Legislature of 1895, but was not agreed to or submitted by the Legislature of 1897.
The Initiative and referendum amendment was proposed by the Legislature of 1899.
The. question Is, were any of the five previous amendments then waiting th action
of the Legislature or the electors? If not, the new amendment was legally proposed and
adopted.
The five amendments bad then lapsed. This will appear from the onstitutlonal
provision regulating anenrtments. It Is an follows:
"Art. 'VJI. Section 1. Any amendment or amendments to this constitution iriay be
proposol in 'filter l ranch of Legislative (Vtsembly. and If the same shall b screed
to by a majority of all the members elected to each of the two houses, such proposed
amendment or amendments shall, with the yeas and nays thereon be enterd on their
Journals, and referred to the Legislative Assembly to be chosen at th next general elec
tion) and If in the Legislative Assembly so next chosen, such proposed amendment or
amendments shall be agreed to by a majority of all the members elected to each
house, then It shall be the duty of the Legislative Assembly to submit such amendment
or amendments to the electors of th state, and cause the same to be published without
delay at least four consecutive weeks In several newspapers published In this state, and If
a majority of said electors shall ratify the same, such amendment or amendments shall
become a part of the constitution."
It Is clear that the four amendments proposed In 1893 could only be referred to th
Legislature "chosen at the next general election," whtch was In June, 1894 that la, the
one that convened In January, 1895. It Is equally .clear that only that Legislature "so
next chosen" had power to submit them to the people. It did not submit them, and
they became Ineffective.
The court held that the failure of the Legislature of 1895 to submit these four
amendments left them indefinitely awaiting the action of every subsequent Legislature,
and until submitted, forever prohibited the proposal of new amendments. But the lan
guage or intent of the constitutional provision quoted does not Justify that construction.
That provision prescribes the powers and duties of the Legislature "so next chosen.'
These are inseparable. It was to consider the amendment referred to It, and if In th
Legislature "so next chosen" the amendment was agreed to, then "it shall be the duty of
the Legislative Assembly to submit such amendment." What Legislative Assembly?
Clearly thu one that the constitution was talking about, the one "so next chosen." The
one to which the amendment was referred. The provision did not say, and It la a forced
construction to make it mean, that the amendment when agreed to by two Legislatures
should be hung up indefinitely to await the action of all subsequent Legislatures. Th
mere Inaction of the Legislatures was not meant to bar forever the amendment of th
constitution. The affirmative action of the Legislature next chosen, and no subsequent
one, was necessary to submit the amendment, falling which, the proposed amend
ment was abortive.
There were good reasons for this requirement The people were to be permitted
to pasa on the question by electing the members of the second Legislature. Th con
stitution was not to be amended without deliberate consideration." It was to be agreed
to by two Legislatures, one of them to be chosen by the people at the "next general
election." Only then was the public demand for the amendment deemed sufficiently
evinced to justify Its submission to a vote.
, This provision must be also construed in connection with the other provision pro
hibiting the proposal of new amendments while others are pending. The evident pur
pose was to require the proposed amendments to be disposed of by the second Legis
lature in order to clear the way for other proposals. The amendment was to be pub
lished and therefore submitted "without delay." Are those words meaningless? The
conclusion Is that the amendments referred to the Legislature of 1895, were not pending
after the expiration of the terms of the Legislature chosen In 1894.
The other amendment stands on different ground. It was proposed In 1895, but was
neither agreed to nor submitted by the Legislature chosen at the next regular election
thereafter, that of 1897. Whether or not the argument Is sound that the amendment
must be submitted by the Legislature so next chosen, it Is not doubtful that it and It
only can "agree" to it. Since the Legislature elected in 1896 did not agree to that
amendment, the Legislature of 1899 could not submit It, because It lacked the con
currence of the necessary body. ,
The court sees and seeks to meet that difficulty by holding that "no Legislature was
ever chosen In 1896,". that the persons elected "never met or organised any Legislative
Assembly whatever, and therefore no Legislative Assembly was chosen in 1896." That'
is an amazing proposition. The constitutional convention supposed it was providing for
a Legislature to be chosen by the people and therefore referred the matter of amend
ments to the Legislature to be chosen "at the next general election." The Legislature has'
nothing to do with its own choice, and a refusal to perform its functions does not
abolish It.
Two young female 81 washes meandered Into
th lobby of th Hotel Perkins yesterday
evening just to take big 'look. Th tar
rounding seemed to pleas them, for they
continued to linger there a while. The las
sles wer not fair to look upon, nor wr
they arrayed in purple and fine linen, but
the tourists from th East who saw them
seemed well pleased at having had a close
view of their idea of Minnehaha and,Saca
Jawea. Every once-ln-a-while th Misses Lo
would address, a few feet, of conversation to
Clerk George I. Thompson, hut during his
college days George had neglected the study
of Slwash grammar, co he had no talk-back
coming. After a while, th maidens grew
weary, and as they wandered out they mut
tered something which many people took to
be a complaint at the lack of hotels in this
city.
J. K. Jordan, a formerly-of-Wlsconsln
lumber man, but now looking through Ore
gon's tall timbers, was last evening reading
the account of the suicide of E. V. Shlck.
"Seems strange why so many people put out
their own 'lights,'" remarked th reader, as
he finished the story. T remember a. nurn
ber of years ago, I was working in Black
River Falls, Wis., when a young fellow was
arrested for being drunk and was forced to
spend th night In jail. Well that boy
brooded over the disgrace until one evening,
while seemingly perfectly sober, he took a
silk handkerchief from his pocket, tied it
around his neck, and securing a rung from a
chair, he twisted the 'kerchief as tightly as
he could, and then fell forward, striking the
floor In a position that kept the murderous
rag from becoming loosened; the fellow died
before he was picked up. Now, I think It
required some nerve for a fellow to kill him
self in that fashion."
John Beaton of Baldwin, Kan., traveling
salesman for a Chicago trunk factory, has
been In this city during the past few days.
While he says that he did not enjoy the
Oregon mist quite as well as he would Web
foot sunshine, still he said It was heavenly
compared with the rains that flooded the
Sunflower State several weeks sgo. "In all
my life I never saw anything as bad as
the recent flood in the Kaw River Valley,
Millions of dollars worth of property " was
destroyed In a very few days, and hundreds
of families are still said to be homeless,
When I left Kansas, ocean steamers were
very much needed, and I was told that
preachers all over the state were telling
thetr flocks about the awful time that Mr,
and Mrs. Noah had some ten thousand years
ago. But with all her floods and cyclones
and whiskers, Kansas is still one of the finest
spots on God's green foot-stool."
James Cooper, banker and hop-grower, of
Independence' was in the city yesterday, at
tending to some business matters. "The hop
crop In our section of the state will be nearly
as large as it was last year," said Mr.
Cooper. "There may be some fields that will
not yield quite as largely as they did last
season, but on the whole, I think the crop
will be just about the same. And say", Inde
pendence Is prospering in a way most pleas
ing to all of us who reside there. We hope
that the Southern Pacific people will soon
see their way clear to give us a double daily
train service into Portland." -
The constitution provides that "the Senators shall be elected for four years and the
Representatives for two years next after their election." When elected they constitute
the Legislative Assembly. No cermony or oath Is required to Induct them Into office.
Their term begins the day after the election.
There has never been a day since the constitutional government was inaugurated
when there has not been a Legislative Assembly. It Is a co-ordinate and integral branch
of the government, and cannot be suspended while the government lives. A failure to
organize Is simply to refuse to perform Its duties, and does not affect its legal ' status.
The Legislature elected in 1896 did not agree to the equal suffrage amendment or submit
It. That this neglect arose from its failure to organize has no different legal result from
that which would have occurred if it had organized and then failed to agree to and
submit the amendment. - Its dwHes are net -dependent -en tts ergafistlonr They arise
from the election and the incumbency in office. This particular Legislature did not per
form its duty, which was to organize and pass upon the amendment which had been
referred to it, and it only. The edual suffrage amendment, therefore, was not pending
in 1S99.
The Journal means to give the side of the people a hearing in these columns. It Is a
great public question. No. question can be greater than the right of a people to alter
their organic law, and whether an unexampled unanimity to do so has proved "abortive."
"Astoria's ninth annual regatta to be held
August 19, 20 and 21, is going to be one of
the most successful events of that character
ever given on the Pacific Coast," says C. V.
Brown, chairman of the committee which
has the big celebration .in charge. Mr.
Brown came up to Portland yesterday from
the city by the sea to work up a local inter
est in the regatta. And he says everyone he
meets here is as enthusiastic over the under
taking as any Astorlan could possibly be.
"Yacht and rowing clubs," he concluded,
"will be there and participate in the celebra-
Victoria and Vancouver,' a"C ' ' Senators
Fulton and Mitchell hav promised us that
they will exert every effort with th Navy
Department to hav three tor 'four war ships
sent to our harbor for the occasion. Aside
from the sailing race there will be a Chines
dragon, .brought direct from the Orient, t
add to tho featuro planned.! It is 700 feet
Ions; and requires 180 men to carry it-. The '
program of th, different vnts is not yet
mad up, bat it li safe to say. thai th" re
gatta, will b on ot th blggst things vr
puiii off on th Paciflo Coast."
. .' ,' s ' .
JvreDs, or in nrm of Krebs' Bros
argesi nopgrowers in th stat
unburn iue cuy last evening en
rout to Martin's Hot Springs, ud th Co.
lumbia River, wher he will spend a few
qult days. Mr. Krebs lives near Salem, and
he and h(s brother raised about 100 acres of
hops this year, besides buying large quan
tities from their neighbors. ''
"We are only paying 17 cents for th croo
this year," he said last vning, "but last
year w had to pay 27 cents. This Is due to
th fact that w hav not such a good
market as there was last year. Recently
Germany began supplying England with this
commodity, cutting- into a territory which
th United States formerly had practically to
itself. Then ther hav been enormous hop
crops raised everywhere but right her In
Oregon, and that of course had a tendency to
keep prices down. There will be a shortag
In Oregon of perhaps 10,000 bales as com
pared with the production of last year. . This
is owing to th unfavorable growing weather
of th past two months."
Tillamook needs a railroad and could sup
port one, is th belief of Phlneas Van Tress,
mercnant or tnat town, who is visiting in
Portland. The little coast town at th pres
ent time is visited dally by a stage coach
from North Yamhill, $5 miles away, which.
is to only mail service. The steamer El
more makes regular trips from Astoria and
Is occasionally assisted by the Vosberg.
"Several surveys for a road ' have been
made into Tillamook." said Mr. Van Tress,
"and every one is anxious to see a line put
in. I see no reason why it wouldn't pay.
Aside from th business that the 1,700 Inhab
itants would giv ther would be summer
visitors.
At the present time th town is not a sum
mer resort, but It has even better natural
facilities than Yaqulna or Seaside. Qar
baldl Beach Is one of the finest along the
coast. The natural harbor, while It is only
14 feet deep Just now. Is capable of allowln
the entrance of Coast vessels. There has
been talk of putting In another steamboat
line. Some of the lumbermen are behind the
move, but I do not know with what success
they are meeting."
"The newspaper reports that Yellowstone
Park is overcrowded are false," said A. D.
Charlton, general passenger agent- of th
Northern Pacific, who returned Sunday from
a trip to one of the nation's scenic grounds.
Summer tourist travel to the park, he said,
was beginning and was heavy from both
East and West
"There ar ample accommodations for all."
said Mr. Charlton, "and th facilities for
handling business are better than ever be.
for. Th service, too, Is first-class in every
respect.
"The crop prospect In all sections v.rw
good, and the farmers ar hopeful of boun
tiful harvests. I enjoyed my trip very much."
J. P. Galbraith, secretary of the Albanv
Woolen Mills, Is in Portland today. Mr. Gal
braith states that his company hope to have
their mill in working- order some time the
latter "part of this month. The contractors
are now building the woolery. Nearly 80,000
pounds of wool are now in Albany awaiting
the openln of the new factory, and it is said '
that mor of the fleece will be purchased by
me company before the new mill's wheels be
gin to -turn;"
THE LETTER BOX
America suggests that he has seen th hand
writing on the wall.
The reports of Fourth of July casualties
suggest that President Roosevelt should.
THE HUMORIST.
"You. mustn't, cough so much, Willie," his mother said.
T can't help It, mamma," replied the little boy with the long golden curls,
thing amuses me in my throat." Chicago Tribune.
"Some-
THE REFERENDUM DECI
SION. In another column on this page appears
an article relative to the recent Circuit Court
decision, invalidating the initiative and refer
endum amendment to the state constitution,
which deserves careful pefusal. it is a clear
and convincing statement of the reasons
' which lead to the conclusion that that de
cision was1 erroneous. While the opinion of
the Circuit Judges appeared, at first reading,
tto be a "sound interpretation of the constitu
tional questions involved, a more careful
study has convinced many leadfhg attorneys
that it will not be upheld by the Supreme
Court.
Johnny Pa, what is the law of supply and demand the papers tell about?
Wise Pa It is a universal law, my son, that when a man is well supplied with
this world's goods, he demands more. Boston Transcript.
Ned Yes, I've resolved to give betting and drinking and all
Fred Huh! You'll never keep that resolutlpn.
Ned I'll bet you the drinks I do. Philadelphia Public Xedger.
Biggs Some scoundrel on the West Side passed himself off as me and swindled
a grocec -ut of $10.
Diggs Passed hlmpelf off as you? Why, the villain must hav been lost to all sense
of shame. Chicago Dally News. .
have Included the national holiday among the
agencies leading to race suicide.
The skyrockets thnt didn't go up on the
THE MANILA CABLE.
The completion of the cable between San
Francisco and Manila, the last link In the
telegraphic circuit of the earth, is one of the
great triumphs of modern times. It is the
ConsumDiatton of the dream of -John W.
Mackay, th enterprise being "carried to a
I
Fourth are probably only waiting tor a clear'
evening.
Skldmore I made a pretty good bargain today. I sold our sideboard for $20.
Barring A good bargain? Why, you told me the price of It to you was $50.
Skldmore Yes; that's all right; but I've never paid for it, you see. Boston Tran
script. " .- '.-
"Say," demanded the ugly individual, suddenly appearing from a dark alley, "what,
time is It?"
"You're Just two minutes late," replied the "Chicagoan. ""That other gentleman you
see running away has my watch." Philadelphia Press. J '
Editor Journal: I have been reading the
letters every day published in The Journal,
and take a great interest in them. As this
is tha year- for- all kinds of white and delicate
shades of summer material, 1 would like to
ask some woman who has had experience
In washing silks and white material to give
her woman friends some suggestions for
laundrying at home. Will you kindly answer
through The Journal letter box.
SUMMER GIRL.
, - ...
i
Editor Journal; I am a subscriber of The
Journal and take great Interest in your
paper. I would like to ask you whether there
is any one in Portland who has a purchasing
agency for people in the country. I am a
woman living Just far enough away to be
unable to take advantage of the bargain
sales. The advertisements . in your paper
of the different sale, days reach us too late to
avail ourselves of the opportunities of buy
Ms .&a cheaply as those living in the city.
Wouldn't this be a good opening for a
woman who wants to earn her bwn living, .or
help out a family income, to start such an
agency? COUNTRY SUBSCRIBER.
TOLERATION.
She was an exacting Philadelphia young woman, and before she would promise
to marry him he had to answer a great many questions relating; to 'his past life. He
thought he had given her a vejg fair account of himself, but just when the wedding
ceremony was about to take place he remembered an Omission and, fearing reproach,
he whispered in her ear:
"Mary, there is one thing I have not told you yet. I am a Universalis t. Does It
matter,' Iovef ' ' v- .;:rf.N'v & . ' ,
"No, I guess not, dear," said the bride, serenely, "I am a somnambulist," Phila
delphia Ledger. .''''v 4 V ( -:- K' Vi -- Kit ''fji ysV "s i
. ' IF HE WASN'T HIM8ELP. i
'1 say, Jones, that's the third umbrella
you've taken from our office. I wouldn't be
an ass if I were" you; ? . 7 " r ;
"By Jove I Smith, that's the first true
thing Tve heard you Bay for a long- time."-
Columbia Jester. ,
4
"'Pears lak-d devil, is hard Her downt
"Tea. Fast ez one feller floors him, 'nuther on helps him upert boilers Pollcl"v
A DAILY THOUGHT. '
' Tricks and treachery are the practice of
fools who have not wit enough to be honest.
Franklin. ' V''vV'
J
Klsses-between - women - arjnr formal.
Ities, . v ; . 4- : .MYW.1'.
JU8T FOR FUN. .
C ... V - t , ,1 . .
dmme caning on iJrownej wnat wt
earth are you doing walking around, in that
suit of 'armor r
Browne I'm getting ready for the Fourth.
I promised to help my boys celebrate this
year, and as they do It a little strenuously
" iu nave auiria sort m
of protection. Baltimore American. " '
Hope springs eternal in the human breast,
In politics Its influence is plain;
The man who has by office once been blest
Hopes on for more and never works again.
Washington Star.
Emily You don't mean to say you failed
to pass your exams again this year?
Maud Yes, failed again.
Emily What was the troubla this time?
Maud Why, they asked the same ques
tions they did last year. Columbia Jesto
All oat education does fob. some folks
said Uncle Eben, ."is to' learn. 'am. a few mo'
words to talk foolishness wit" Washington
Sstar, .v,;;,;.'. ..' '. i
Papa Dear, me, Mary, whatever are you
going- -tor do ;with a8 ! these trunks? Two,
four, six, twelve of them. You can't fill more
than one.';.-;-
Mamma I know it, my dear; but we must
make a decent appearance on arriving at the
hotel. New Yorker,
A MARK TWAIN STORY.
When Mark Twain was a young- and
struggling-, newspaper writer in Sap Fran
cisco, a lady of his acquaintance saw him'
one day with a cigar bo under his arm,
looking In a shop window. "Mr. Clemens ."
she said, "1 always see you with a cigar bo
under your arm. I am afrsld you are smok
ing too rauch.f "It Isn't that," said Mark;
Tm moving agalnlNew York Times.
A .railway collision m th typical bump ot
destruction,- ' .. . V ' ! : :WV :- -:v