The Oregon daily journal. (Portland, Or.) 1902-1972, June 08, 1905, Image 3

The Oregon daily journal., June 08, 1905, Page 3, Image 3

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Newspaper Page TextANSWERS ONLY TO i-AMERIGAN-PEOPLE CbrutitutionaL Discretion of the President Outlined by Charles ilJ A; Gardiner In Speech itq IfhrBeta Kappa ar Newr . . York University Commencement. Exercises. V- -t - EXECUTIVE CIS : PLACED-ABOVE-ALk C0URT-0RDERS Growth and Expansion of Executive Office as Shown by Histor ical Facts and Acts of Previous Presidents Who Con- : s stantly Created New PrecedentTT- ;. f'?r 1 Jaoraal Special SwvlcO ' , ' New York, Jun 8. Chart A. Oardl .l .ner of th .br of Nw York City d f llvered the addresi of th day at th " annual gathering of th Phi Beta Kappa "aoc!eiyofNw Tork unlverltyv. Mo . -apok aa follow:, r $, . : OoBatltatloaai ' DlaoratiOB. ' . "Th president la a constitutional crea tiolt Ha ia a corporation aol endowed with . tn, attributes, properties, fran ch lies' and. powers "of -therpresldentlal office.. My subject "today la his dlscr- "7 t ion. That la a constitutional franchise. . All ita propertlea have been Judicially ' determined. "-. - . ': - .." . ." I T What,-then. i the constitutional dia- ' cretion of the president. In Importance 4t ranks next to his powers. What would . ht powers avail without discretion to . -4isa theraT They would, be tnere acad emic theories for More s : Utopia or .- ; Plato' Republic- The eerclseof dU- j. cretion .constitute practical politics.- It -rtnarka the. actual contact : between-the - :. preaident and the people ".. ' ... Vl s jurisdlotlom of Discretion. - I And, first. What is Ita territorial Jur- ladlctton t Where can -the- president - ex- erclse his ' discretion T It Is coexistent , with his powers. His powers are, coex tensive With the government Our "gov ": ernment. aald Judge Bharwood,-'la ' mere agency established by the people " - for the exercise of those powers which ; reside In them." We assume without reflection that it is aslngle orgsnlsa- tlon, composed of congress, ''the courts and the executive, w.hlch alone admln- -' liters both -domestic and foreign ov "77 erelgntlea. But where ia the authority f It la not In the constitution.. That In strument nowhere declares that the gov ernmentjconsists JPt one pe more organ izations or one. or more departments. , . Buch theories originate with, commenta . tors. - ' Oug Tripartite Oovernmeat. ; ' The tripartite organisation exercises Its powers exclusively la our -domestia domain. - "That the laws of a country have no extra-territorial force li an .' axiom of International Jurisprudence," ,-sald Chancellor J. Walts. It is, more pver, strictly a fovrnmt ot law; con- areas enacts laws, the Judiciary lnt.r prets them and th president executes ' " them. It la thus "solely a legislative ' government -3- That la . what we mean when wa aay our government la a a"ov " ' ernment of law, and the president's sole function Is -to execute the lawttUe all othrepgrame, , it Is both true and false true aa to the legislative gOvrn ment; false In every other respect. ' -. Such being the function of the leglsla- goy eminent. It -jisqutre no af gu- , .meat , to show that matty of our most 'Important domestic aoverelgntles would -.not be- executed at all, unless executed by some other ""agency,."ai-T: convene and adjourn congress, to grant reprieves - and pardons, to protect United -States t mallii aid the atatea la -suppressing riots, and generally to act as ' com- - mander-ln-chlef in domestle defense a these and countless other domestlo sov . erelgnties have never been exercised by -- the legislative .government. - We must . find In the constitution, therefore, some Other "agency,' or stand confessed,- a mutilated -and emaaoulatan-goverament,-, poaaesslng vaatdomestlo -powers, .but ; no governmental - agency ' to ' execute them. . ., Our rreaideatlaJ OoTenuneat. . But our sovereignty la not oonflned to ' eur domestlo territory. Theoretically, -It axtsnds over the whole world; prac tically It exists wherever recognised by treaty or enforced by eur arm. 8o with ur external government. It la coter- - tnlnous with our sovereignty. Aa our legislative' -government haa practically no Jurisdiction three miles beyond our shores (10 U. 84614), It assuredly can , exercise no foreign sovereignties; and hence again X aay, 'unless there exists some -other governmental akency. all tha foreign sovereignties of our 80,000,- 400 people must ii dormantr-unexecuud i all such domestic power and all such external aoverelgntles. ' That la - the president himself. 'The Juiisrtctlon of his government Is our domestlo terrl- ' tory and the whole world beyond, and within those far-reaching boundarlea?iie rules, not aa chief executive, but as chief maglatrate, and his government li not legislative, but solely magisterial or -preildentlsl. . . :. : i. Buch Is the duplex government of the United States, and everywhere; within Ita world-wide Jurisdiction,' aa' chief executive or chief magistrate, the presU dent can exercise, his constitutional die- . rati on, t STatnre of Slsoretlon Analysed.; "T Our next' Inquiry; must be. -what -Ian the nature of . that discretion T The president Is a constitutional creation, -and his discretion - is constitutional. Subject to this basle flmltatton. It is synonymous with his dfeclaion or Judg ment. It is i'th--liberty or . power of acting without other control jthan one's wn Judgment" (10 Wend., Ml), f The word "discretion," said Vice-Chancellor Bacon, "hag been very frequently used. What doea It meant - In honeat plain langnage It means, Do. as you like.' (U Ch. Div.. I5t. . . , " (1) The president's powers . are all discretionary. fJone are ministerial. A mlclaterlaL powet-or duty la one'liL Jft spect to which nothing Is left to aiscre Uon" (4 Wall.. It la aubservlent. subsidlary-or mandatory, aa opposed ta discretionary.. tStandardr Dlct.. Slsoretlon Unrestraiaed by Oonts. ' Much confusion of pubiio thought ex. 1st. I admit, on the subject Prom the beginning the court have claimed. Jur l.UILt.UU WW, w. .B.M ....... - . . of executive officers. .. Whether right or wrong is here immaterial. The con fusion that attaohes to these caies has been extended In the -popular mind' to the president himself. But there Is ne instance In our Jurisprudence where court have held that, they can enforce their process . against 'the president or limit or coerce bis discretion In any manner whatever. rawer ef xniUatfre. - To' make and maintain hi decisions as head of the government, the conitl- tutlon confers on the president two iu nrama" soverelantiea the powei' Of " tn- Itlatlve and the power of the sword. The firt i "self-executing power,' says the court. "It 1 complete In It self": .."It needs no further legislation to put It In forco. : It is elf-exeouttng so -fat a It is susceptible of execu tlon" (171 U. 8.., 481), Th president can faithfully execute hie office, pre serve the republic, ' protect and defend the constitution all on hi own lnttia. tlv and authority; and as then consti tute the. ' chief end of government I hold that he can accomplish that 'nd independently of any other department In the- republic. Vi'i". . " ' x c rower of the Bword, " Finally the preaident alone government-- haa the - In our constitutional power both to exercise Ms discretion and to enforce his decisions.. In esti mating the relative offensive and de fensive powers of the department let us remember that while congress holds the purse the president, as -Marshall aald. 'wielda the sword." To adminis ter hla international sovereignties, to execute his internal magisterial "powers In short,, to exercise all hla omnipo tent function! the-people have . given tha president absolute control of a,n irresistible physical force,'.- the army, navy and militia in service, of DO.OOO.OOd people; and while hla neoiitty to use it should be extreme' And would be deplor able,, yet tie alone possesses the power granted expressly by the people through th cnnnHtHtlori Itself., Impeanhment and Other Bemedle. - Assuming, however, that a president wantonly abuse hi d lac ret Ion,, there arev i- maintain, - ample constitutional remedies. First, the . term .of. office la too brief for an unscrupulous president .tqL formulate And. execute Jt plan for the overthrow of. the -constitution. (Story Conat, section 144).. Next, congress haa control . of the nation' purse. As suredly a power that has extorted lib' erty from Tudor and Stuart tyranny ahould be able to preserve the liberties of the psople from aggression of an elected ' short-term president. A third remedy la impeachment ATh oxer. else of presidential discretion In good faith, .however erroneous, is constltu tlonal, so It exercise In bad. faith Is sn Impeachable crime or misdemeanor. Th president ran be punished for abuse of discretion like any other criminal. The only test of guilt ia bad faith. And as the court of Impeachment ta Itself the sole and final Judge of the presi dent' discretion there Is little danger of abuse going, unpunished. Ultimate Appeal to th Feopl. . But, should these all prove futile, In the eloquent words of Chief Justice Fuller, there still lies an appeal to "th august tribunal of the people which la contlnuallyaUUngJlin . UA. 8.: JiS0.lv. Aa th president Is the highest tribunal in the government, so-the- people are the and unused. want III1 prejiOiTlIoB Inal IhfTjurlsdlctton is illimitable and. unlike the constitution - explicitly - provides - an 'agency" or government to administer temple of Janus, their tribunal standi alwaya open. 1 "If It be asked." aald Mr. Justice Woodbury, "what redress hsvs th people. If wronged, the answer Is, . . they go to th ballot boxes, to the legislature, or executive,- for the redress of such grievances aa are - within the Jurisdiction of each, and for such as are not to convention and amendments of constitutions" (7 How.. 6S). With these ample constitutional remedies the people must rest content unless they would aoonsn an discretion and thereby de stroy the government Itself. V'.'.lr of Bxeontlve Bxpaasioa, ' I conceive that wehave entered upon a new era of political development. Thla t th age of executive expansion. The 'supremacy of congress I giving way before the. 'irresistible domination of the president. In 1790 congress num bered 1 members, the supreme, court . -tne executive force 2.000. - Had all kept pace with our population, congress would now number 1.SC6, the supreme court 121. and the executive fore 41.000 Had all increased In proportion to our wealth, congress would now number 11,- 741, the. supreme court tftS. and the executive force 102,000. Instead con Botes The Best Scocrrtng Soap VUdt "A Bcourlotr Soap A MeulPoliih A GUs Cleaner ' t ... . . LOST CLOTHES Kt:: FICUT VITH'OATOR Keeper of the Zoo Nearly Killed 7ln Battle With Big Em, the - Pride ol the Pond. ' CRUELTY IS RESENTED - BY BIG ANGRY MONSTER Man Repeatedly Knocked Over by Slashing Strokes of Rep- .-'-- i. tile's Scaly Tail. .. .J- 7 ' .(JiraruI gpeelal Service.) . New Tork, June . "Big Em," 12 foot alligator, tor the trousers off Head Keeper Bill Snyder at .the Central park aoo today and, cracked him over the head with It tall. - The water waa leroutrof th tank In which a scors of the 'gators bathe, arid, with en Ire n -shod pike, Snyder climbed In to clean lt."He prodded the"blg ell gator viciously. Instantly the tall of the alligator slashed through the air. sfrlklng the leg of tha" keeper and knocking, them, from under him. U Snyder waa dased by the fall and al most helpless. The great ugly bead waa bearing down toward - him with two great jaw opening over hla hsg.- With a apaamodlo movement the keepeV Jerked hla leg from the Jaw and managed to get to hi feet, only to be knocked down again. . -Snyder managed a second time to get out of the way, but the alligator wa thoroughly aroused and danced angrily about the tank, Ita tall slashing and whipping about with ych frightful rap idity that Snyder was sent to the floor time after time. The pike was snapped ouf of the keeper-a hand, bub the. keeper made, a successful leap for ne edge of the tank. . As he sarambled gut the alli gator wa close behind him. Snyder's clothing Wss practically" torn Trnm htm." gresw now " numbers 470,' th supreme court and th executive - force 40, 000. , ' " - " . -i " Thuwhlle ' otfier'.departmentanav stood comparatively rigid and Inelastic, tha president ha grown with thoun- trjr growth,, expanded- with -every phase of Its development, and more automatically-than any other department ha assumed those Protean forma re quired for- the -constantly - Increasing and varying - demand of th republic And thla great armyr 240,00 atrongr in Ita." myriad forms', 1 everywhere and alwaya th " president, whether post master In Maine, or collector In Alaska, or consul at "Peking, or ambassador to Great Britain, or chief executive In thi Whits' House It I everywhere and al ways ths president, : Inspiring, guiding, and dominating the irresistible onward inarch of this mighty and ever-e pending people.-.-- . - mejoio la rreeideat. I rejoice ta auch a preildent, I exult In such an executive. I glory In auch a Chief magistrate; in all hla proportion a majestic, constitutional figure, uncon trolled by congress, unrestrained by th courts, vested - with plenary conatttu tlonal power and absolute constitutional discretion, a aoverelgn over 80,000.00 people, 'and the servant of 10.000,000 soverelani: and grading up to hla co -pi -tur are all the departhyint of government, centering In Mm la a JUacarchy of office, and a hierarchy of power aa well, ana running .inrougn ins whole Vast organism I . eoniiiuiionai anneal over and beyond th court and congress and tTi-niat-on- up to tha preaident -himsel f, in whom reposes tbt big nest discretion ox u miyrnimnt, and bevond whom there exist In th re public no human dlacretlon wllatsoever except the omnipotent Judgment of the mighty and multludlnaiiawtrlbunal of me people. . TEACHERS ELECTED" AT INDEPENDENCE " - ' " (Bpertil Slipateh te The Joorsal.) -Independence, Or., Jrn 1. The board of directors of -the Independence public school elected teachers ss follows for the ensuing year: Principal. Professor T. J. NewbllU-aaalatant, O. M. Mur dock: seventh grade, Mary Scott: alxth. Ivy Burton: fifth, R. B. Powell; fourth, Ada Aldrleh; third, Adona. Cochrane; second. Mis Church; first, Mary Tuck. During tha present year it waa. found necesssry . to add on teacher to th corps at Independence. Professor New bill has been principal of the Indepen dence choola for lwo""ysm and an ef- fort -was mada by the. Dallam board tQ highest .tribunal toaitlonhelxXeecur . his aervlces at that plaoe but Indeperidehfe'Talird his- wags and he consented to stay." Fast Train Service. . The Canadian Pacific has Inaugurated a faat train service, placing In commis sion the Imperial Limited. Thi train la up-to-date In every particular, carries both standard and tourlat sleepers, with a dlnlng-car service unexcelled. pupils make Raised MAP OF POLK dOUNTY (Special Dispatch to The JoernaL) - Independence, Or.. June 1. The eighth grade of ' the publlo school ha Just completed a map of Polk county, made of-putty-an clajh- The tudnt- wnt out In squad In every section of th county, located the . different wheat, dairy, frurt. timber, hop. and other ec- tiona of the county, measured the height of the mountains and hills and have located on this map ha different prod uct raised, the sltltud of each section, the different ralffrfads, the rivers, towns and the topographical feature of th countrv. ' Thi map ' will be. -part., of the Polk county exhibit at the Lewi and Clark fair. .: . INDEPENDENCE SCHOOL GIVES-ENTERTAINMENT! (geeetal Dispatch te Tba Joiraat.' t7 Independence. Or., June - 8. -The -pub- Hlc school of Independence will give an entertainment tomorrow evening in in dependence auditorium. Th graduation exercises will be nem nexi -i ursowy night when "The Merchatit--of Venice" will be played by the pupils. Ther are 11 graduate from th tenth grade this yer. In th artsrnoon or june it m game of bgarball will be played between the alumni and th public chool, and at night the alumni banqust and reunion will be held at, the opera house. 0l7pl JBos CanUvaL -"" (Speciit Dlipatcb Tse JosraatF ' ' '-' OWmnla. Wash.. Jane 1. Th annual rose carnival wa opened thi morning under th management of th women of th Civic Improvement ssocistlon. Th display will be md in th lobby of ths Heustl building. Thr r - msny en tries KfiatsfM.' .; .... -. :v : . . ' ; - '-'' ' - - ' ''-.' BdilllBMIBM lrOT fjrmsmi TOAsasmi r.cr.5T.iri mm mm mm r mm Low Prices Never Sacrifice Ouali Ml SEn3 . 4 iiiiitiii e FINAlTlra GREAT AND MOST SUCCESSFUL ANNUAL SUMMER SALE. SPECIAL INDUCEMENTS IN REMNANTS AND BROKEN iI-ZIZIIZZlots; 'THEY MUST GO," AND WE-HAVE MARKED THEM LESS THAN'ONE HALF. "$2.00 UndersRim$!.I2-, Ladis) Mercerized Black Undfrskirt, in three differetit styles, made with, 14-ihch ;flounce-jwitlixufl59 ndstraps,' Iwar ranted rainproof; this, skirt ; will give good wear ; regular price. $2. ; tl 1 1 J : SaTe-Pfice 1 a.1 aV :25c Mousselinede Sole 15 c This handsoroeLJine when made :iip in waists or shirtwaist suits, has all the appearances of a crepe de chine that, would cost five times the , price, 3tt inches wide, in alt colors';" regu lar price 25c, z 1 Ct .Sale Price, yard.;... : 40c figured Pongee 25c: This is the' 'latest' goods for 'the season, Figured Cotton Pongee," in full line of colors, in light and medium, beautiful silk finish, whichJhey will retain in washing; ' regular price 40o-. . --'I Cr .Sale Price, yard.'. .....LOL - $6.50 Panama Skirts $4.65 The best'-value offered 'this - season Ja colors of brown, blue, cream and black, in a nice quality Panama made- with 50, plait ST regulari)Tice $6.50.' . C C ' Sale Price. .... ...;..'..... .vIUtJ'. $100 Misses' Dresses 52c . Nice quality Percale m a large assort ment : of : colors - and - patterns warranted fast-colors sizes 6 to -1 4 years ; - r J -regular price. $1. Sale Price. . . .iOiwL 50c Children's Dresses 28c f Good qualitvCingham, iijr pink and white- and .blue ana .wnite cnecic, sizes 1.10-4 years; regular. price 50c. . J$ln Sale Price.... wOl $1.50 Hisses' Dresses 98c Good quality French Chambry and Ging ham, in plain striped and plaids, nicely trimmed, sizes 6 to 14 years; ; HQV regular price $1.50. Sale Price; $1.00 Children's Dresses 63c Besf : "quality 1 Scotch.. Gingham and Ger man Percale, trimmed with embroideryv" nice-assortmentjjLrolors sizes' ! .to 4' years j-regular price $1.- - 1 -Sale Price; ....... : . . , .C 1 . . , OuC 40c SoTesette 25c This beautiful new material .having all -the finish of a peau de soie, fn a hand some line of colors, dark and light, 32 inches ;.:ide; regular price 40c. - OtZy Sale Price, yard. .............. .&Ov : 25c Cotton Grenadine 15C :1 Cotton Lace Grenadine, 30 inches wide, in colors of tan, brown and cream ; g? regular price 25c' Sale Price, "yd. 1,0 C $4.0tf Blankets $2.35 This Blanket is extra value weighing full six pounds and extra large size, comes in white; regular price,$4ij::.:3C j Sale Price,; pair. . . . . . ,PaW00 -ssjr-w. i ".rz"' ........ - - : . : . - .. ' . i . ": v. . ,.- It Ml i 25c Cotton foulard 15c Cotton Liberty Foulard, a beautiful satin-finished material, in a full line of VTTiaifitnwhgee"coJorolors7 This- matenai win ;wasn; regular price lc 25c. Sale Price, yard. . . .lOly 65cPongette 39c ; Mercerized Poneette, as all the appear ances of a pongee silk, and will give more satisfaction. and black r regular price 65c. r JQn 'Sale Price, yard ..... . I 07v $1.00 Wrappers 58c Nice quality Percale Wrappers, in a good line of patterns and colors, and all sizes, -made with flounce; there are also a-few. flannelette wrappers with them; Cfir regular price $1. Sale Trice... ' uOU 20ciCottQncVoiIaJ0c: p;g,.r naV fnttnn Vmlf, in all the leading colors tor street wear, i nev look very nearly like the wool, fast col ors ; regular price 20c. r r A Sale Price, yard llly $1.25 Fancy Mohair 75c This is a very stylish line of Fancy -Mohair, in all the leading colors, 44 inches wide. 'Nothings better" foia-shirtwaist; suit; regular price $1.25. . ' . HtLe Sale Priceryard.. !...... OL -20irCurtain Madras 15c Ronan Striped MaIrasr lor long or short curtains, also makes a pretty drape, good fast colors r regular price 20c. - : r Sale Price, yard. 7.............;. lUL $2.00 Shirtwaists $L12 This Waist, made from the best quality French mercerized zypher,! has all1 the appearance of silk and- will wear better, i in a large assortment of colors, warranted 4 fast ; regular price $2.- ' 'CI 17 Sale Price .... .. . . . . . . . . . . . . . 7D lalaV $1.5AQ Bed Spreads 95c Full double bed size, hemmed and laun dered, CrochetSpr ead, r eady.f o r L us e ; regular price $1.5.0. - QtZn Sale Price, each ) $1.50 Lactr Curtains 98( Nottingham Double Thread Lace Cur" "taliis. llnee vdnls'loiit; and 4S 'inches wide,- A large assortment of patterns; regular price $1.50. - - QQr Sale Price, pair, . . . 1 Ov FWWS5Vf1 KM Mh bfrd IgHl tefl) ICT Pi Bql rL'yit Lrr:.YJ manatee erasm m-Vi Ttf-D rmeKU,KTrci TOnO-wCTAnC TlXfHNf; TAMP r"M TVlOl TV?. TfT I ) f trw " I )Mry W vrv n I CONVICTED WASHINGTON l i MAN COMMITS SUICIDE ' - (Sperlal 'Dlpatcb T Tsl Olympla. WaV jn Petr'9ur rle, who, with Albert, Wilson, w con victed ot cattle-eteaUni- t th laat term of th uperlor eourt of thi .counlyr not and killed hlmelf yester day at the town of Woodland., located In Chefialla county. Currle wa under a bond of S,000 pending an appeal to the supreme court. ., Th sheriff haa iron to Identify the body; he will also 4ake.Wllaoa.4ato- cuatody and return him to this city. -It ia said that Currle served a term In the Oregon peniten tiary, for stealing cattle. . rear of Toml nay. ' (Spwlal Dlapatrb t The Journal) Olympla, Wash., June-l:-Lwl Maya, a -recent arrival, irom Micmgan. , nos been missing from hi home for a week and feara of fojl play are entertained by hi family. When laat heard of he was on his way to 'the logging camp of Hanna Bros., pear thi city. Wher Kapplaeaa 1 lxmad. . nna'l kmk for true , happlmsi to th man Inn. , if lh rf rlrb. wh-r. trlrnl phT.lclan .r. rillt -tn- ortt .vry all. si.nt. Kut wk It. sad tin It, too. la tk. maifoHisl. baa, of th fnlddl. vl.Mva sad t-n poor. wh.r. Ori Ansnat I'lmm I. lr a ' th. fanllr h.tlthr tn car. all atolnarb tmuhlHI, wb.thrr InilK fxtlnn i1tPI. rnmtlp.lln. iraw ot apfMH lit.. Mlloa attarka r tM Unr. Trial botlki tVmmt, . Bl hnttls, t&o. at all 4rula. Oct Oresa'1 Alaaaa. o - r 4 I ' : a ' .' : . M. ) ... . r -- JURY FAILS TO AGREE . ; -: IN TICKSON TRIAL (Special Dtspatok te Tke Joaraat.) " Butte, Mont.. Jun Th iury In th cse of Victor North, et-pollcemsn, chsrged with the murder of Mett Tlck snn. failed reach a verdict and wa discharged last night, after 1 hours' dsUberaUoo, JJorta - cut .Tlckaon a throat during a drbnken quarrel, but claimed Belf-defena. . Tlckson'a end- wa - 'very dramatln. With blood gushing from a wound In his neck ha ran about bock in, a crowded street, falling In the doorway of a ear loont dying In th presence of a Urge crowd of persons, after vainly making effort to apeak. . . .. . 4 ' preferred toon 04 (rood. JU. Lwia" Beat Brand. Dry rood Mfaata at. (JmthI 8vtal 8rlce. New Tork. Jun l-Th National Wholesale trygood association, em bracing Reading, member, of In trad throughout the country, held a general meeting in thla city today. The nh. Ject of selling direct toretsller en I" pert of commlaalon wrrhants sr 1 1 ufaefvrer ' wis1 lh prtnr !; A 1 discussed. .