The Oregon daily journal. (Portland, Or.) 1902-1972, December 30, 1906, Image 14

The Oregon daily journal., December 30, 1906, Page 14, Image 14

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Newspaper Page TextTHE ' OREGON SUNDAY JOURNAL: PORTLAND, SUNDAV I-.!?NINO. ' DECErfsEirO." 1S53. 11 IIOIV PORTLAND LOST RIVERFRONT PROPERTY Interesting Story Is t Told , by Judge Williams in Speech Be ,' fore Historical Society. i STILL BELIEVES THAT r .. t. DECREE WAS UNJUST ! Recites Incident Which Crowned Days When Wasco County Com - prised AIL ot Eastern Oregon and " Pioneer Worked Together to" Win George H.; Wllllama told the detalla yesterday afternoon before tha Or ion ' Historical society of how""Portland loat ';.'. ita traterfront property through a de clalon of 'Vhe-:.Utaited States Bupren-t ', court. The decision wss a rararaal of . tha territorial court of Oregon, of which Mr. Wllllama waa chief Justice, and tie . cling; to tb belief that the decree of 1 the higher court waa manifestly unjust. In hla addraaa ha recalled the spljandlU ."health of tha early lawyers, -whei jor want of other means bf transportation, were compelled to ride horaeback from !. one county seat to another. It waa an ' Interesting ; recital of the Incidents t which crowned the daya when Wasco - ..' county comprised all of eastern Oregon, when the pioneer women aa well aa the 'f man helped to win the great western . territory for the United Statea, and hla atory waa replete with many stirring V event of tha pioneer daya .1 Judge Wllllama' address waa received , . with frequent outburata of applano. ' Upon tha conclusion of hla 'remarks, a v vote of thanka waa tendered him upon motion of Milton W. Smith, aeeonded , by Mr. Abigail Scott Dunlway. The V addreea In part waa aa follows: Mr. President, Lad lea and Gentlemen . of the Historical Society: Judge Bowl by of Astoria waa expected to addreaa you upon thla occasion, but haa been i prevented by Illness, and I have been ; invited to take hla place. Accompany v. ing the Invitation waa a suggestion that , I take for my aubject tha Judicial hfc. . . i tory of Oregon irom llbl to imo. I : have accepted tha Invitation with tha suggestion. ' I shall I a Compelled In f treating this history, "all of which I saw and a part of which I was," to aay f a good word about myself, and if I overatep the bounda of modesty In thla f you will kindly ascribe it to the vanity 4 or an oia man. ' . : ' On the 14th of August. IMS, congreea :v paaaed an act organising the territory V of Oregon, which act provides: "That ; the Judicial power of said territory ahall ' be vested In a supreme court, district courta, probata courts and Justices of . :i the peace. The aupreme court shall constat of a chief Just lea and two aaao- v data Justices, two of whom shall con- stltute a Quorum and who ahall hold ' their offices during th period of four ! years and until their sucoessora .are i appointed and qualified." Provision Is J also made by said act for a United 1 States' district attorney and a United t Statea marshal. . prior' to 18SJ the fol V lowing named persons had been1 appolnt- ed Judges in. Oregon: wumm r. oryanx, " chief luetic In 1848. resigned in 1850; I peter Q. Burnett, associate Justice in 14. hut declined tha aoDOlntment: Or-, vine C Pratt associate Justice in 1848, 5 term expired in 1852: Thomaa Nelson, chief Justloa In 1841, term expired In f i8M. -, i . 1 v Wllllama Appointed. X.I was appointed chief Justice of the k territory .by President Franklin Pierce a. In 1861, waa reappointed py James bu 4 ohanan in 1867 and resigned in 1858. I M arrived In Oregon in June, 1858, and - found upon my arrival here that Mat ii tlrtw P. Deady and Cyrus Olney had r. hern appointed asaoclate Juatlcee, Pur i auant to the Oregon act the territory , waa divided into three Judicial districts. -The counties of Uinpqua,- Douglaa and V Jackaon composed the first district; the i counties of Clackamas, Marlon, Tamhlil, Polk. Benton and Lane the secona oia trlct; the counties of Washington, Clat- ' sod and Wasco tha third district. 5 At that time what la now Multnomah i countv waa Included In Washington, and J Wasco county embraced all the country , In Oregon east of the Cascade, moun i tains. By agreement between the judgea Judge Deady waa aaalgned to the First V district, with his residence In Douglaa ; ' county. -1 took the Second dlatrlct, with 5 , my residence in Salem, and Judge Olney the Third district, with his residence st Portland. . I was acquainted with Judge . Olney In Iowa. - At the first election after a state government waa formed In ' that atate he waa elected Judge of the "-Second Judlolal district, and at the aame time I waa elected Judge of the Ftrat Judicial district.: Thla waa in. 1847. I believe he resigned before the expira tion of hla term and came to Oregon. Olaay a Oood Xwajjar. :, "' I have met many distinguished law- yera la the ecu r so of my profeaalonal career,, but I never met. a lawyer who could dovetail together In argument the facta and circumstances of a case with mora ingenuity and effect that Cyrua Olney. He waa a very modest, unaasunv s, Ing and retiring sort of a man, and for J that reason I do not think his abilities .. were fully appreciated by tha people of 7 Oregon. Eccentricities, of which he had i some, worked to hla prejudice. He built it house In Portland and .changed its $ construction so often and in such bad taste as to attract public attention. He did not practice law much after hfa re Itirement from tha bunch, but moved to ., Astoria and purchased a part of the eita of that city, and thereafter gave his at- tent xin mostly to such property and tha ' , tiustnsss connected therewith. Judge . 1 Olney waa a member of the conatltu- tlonal convention from Clataop county. , ; . Judga for Thirty-four Tears, ; Judge peady waa well known to all ."the people of Oregon. His service aa . 'territorial Judge-was emlnonUy satla- t factory to"tlnc-pla of hla district. i "He was a member and president of the constitutional convention. After tha state -government -was formed ha waa appointed United Statea district Judge i I or Oregon. He held that office for 84 vyeara, until hla death,' which occurred in 188.. Ills decisions may be found in ?Ieady reporta, one volume, and In the Federal Reporter, from volume 1 to vol J time 14, Inclusive. Many Important and I difficult queetlona at law In equity and , in admiralty were determined by these ; decisions. . They are referred to with TSATI Will ' rough yourself into a fit of spasms and ' then wonder Why you don't get well. If ' you will only try a bottle of Ballard's ilorehound , Wyrup your cough will be i a thing of the past It la a positive ' cure for Coughs, Influensa, Bronchitis and all Pulmonary diseasea. One hot. tie will convince ou at your druyglat, ' fac, iee, ll.ee. For eale by all drug- : glsla c great respect by U tha oui ta of tha country; 'They are a monument to hlu memory, more uaeful If not more endur ing than a atatue of bronse or of marble. Judge Deady i was "a atroag man- strong In hie opinions, strong in hla likes and. dlMllkea, strong in hla sympathetic prejutllcea. and If these did .pot influ ence bis decisions it Waa becauae they were controlled by u powerful and stub born. will. - There waa a. mistake made In the. name of 'Judge -Deady' when be was first appointed, and for that rea son the appointment waa 'held . to be void. " Obadlah- B. McPadden wae ap pointed, but the miatake waa soon after corrected.? Judge Deady- was y reap, pointed, and Judge McFadden was trans ferred to the territory of Washington. aTolhrook Baoomes Slstrlct Attoraay, Before my arrival In Oregon Amory Holbrook had been appointed United Statea dlatrlct attorney. ' He came to Oregon from Massachusetts, and waa a graduate of eoma New England college. He waa well qualified for the office he heidL.but he waa not as successful aa he might have been. Ho waa Inclined to be indolent, and waa exceedingly care- leas about his papers. His office looked aa If It had been in the handa of a cy clone. He waa unfortunate In his habits, and hla excessive .intemperance brought him down to a prematura grave. Mrs. Holbrook was a charming lady, and her fortitude and chearfulneaa In her trials with her husband waa the won der and admiration of all who knew her. . - . ' William H. Farrar ' succeeded Hol brook in the office of United Statea dla trlct -attorney, and also came from Massachusetts. . He was a man of fin ished education and fine abilities, and had considerable practice, but had the natural instincts and only needed the opportunity to be a conspirator. - He waa a member of the constitutional con vention, and his chief object there seemed to be to make the constitution ao objectionable to the people that they would not adopt it. .Farrar waa United States dlatrlot attorney until the atate government was fnniil.., . Joe Meek Taaa Marshal Joe Mecx was United Statea marshal at about the time I came to Oregon. Meek was a notable character In those daya. He waa a plctureaque Individual. was large and fine-looking, and affected tha habits, manners and dress of a civ ilised Indian.. Ha was big-hearted and brave. The silence of tha wilderness waa society for him. - - Solitary and alone he encountered the privations and perils of a trip acroaa the plains to carry the newa of the Whitman mas sacre to Washington. ' He had an In dian woman for a wife, and be It said to hla credit that he never deserted her for aome more comely and attractive woman. He deserves to ba honorably mentioned among the ploneera of Ore gon. , . ., .. . " Jamee . W. Neamlth succeeded Meek aa United States marshal. Ha embodied all the characteriatica of tha early Im migrants to tnis country. He came here In 18(3. and held office under the pro visional government, and - was Colonel of a regiment In the Indian war of 186S. After the state government waa formed he waa auoceaaively superintendent of Indian affairs, senator and representa tive In congress. His education waa limited, but he had a bright. - active mind and waa remarkable for bis broad humor in conversation. : Toted for Amendment, ' I want to put It on record nere to hla Imperishable credit that, though a Democrat.' he supported with seal the administration of Abraham Lincoln in the proaecutlon of the war for the sup preaslon of the rebellion, and he, with Reverdy Johnson of Maryland, were the only two DemocraU in the senate who voted for tha thirteenth amendment to the constitution and tha abolition of Slavery In the United States. Lincoln and Neamlth were congenial spirits. They loved to meet and swap atoriea and talk over the Incidents of frontier life. , Colonel John McCracken waa an. pointed United Statea marshal In 18S8, ana discharged the duties of tha of. flee In a satisfactory manner, and waa succeeded by A. Zleber, who held the office until the state was formed. Colo nel McCracken la now a prominent busi ness man of thla city, over 80 yeara of age, respected and beloved by all who know him. -,.. It waa the duty of the United Statea dlatrlct attorneys to attend the courta In tha several counties ami nramnii persons charged with a violation of thai laws or the United States applicable to the territory. Vet Many Zwa Brokem. There waa not much bualneas of that description. Provision waa made bvtha legislative aaaembly of the territory for tne election or a prosecuting attorney In -each Judicial dlatrlct In 1864 P. P. Prim was elected In the first-district. R. P.'-Boise in the second, and-N. HuBer in the third district. Prim was ap pointed Judge of tha first district when Judge Deady vacated that office to be come United States district Judge, and in 180 was elected one of the state Judgea I practiced in his court and found htm to be a c ireful and conscien tious Juftge. Mr. Huber died at an early day, and I do not remember much about him. It was the duty of the prosecut ing attorney to attend the courta In their, respective districts and prosecute persons charged with a violation of the criminal laws of the' territory. ' Zarly Clerks la Oregon, According to my recollection and the beat information I have, the following named persons acted as clerks tn the district courts in the several counties between 185 and 1880: In Jackson county, Edward Skiel, Syragua Jacobs, 8. H. Taylor. John B. Slfers and Wil liam Hoffman; in Douglaa county, Ad dison R. Flint? Richard Dearborn, L. B. Telter, Jamea M. Pyle and Jamea Wal ton ; in Lane county, Eugene F. Skinner: In Benton county, A. O. Hovey and Jamea B. Slater, afterward United States senator; In Polk county. Lucien Heath, T. IL Hutchinson. B. F. NlrhoJaj in uiiro county, jonn it. Xjincr, in l am hlll county, -Owge B. OoudV E. D. Har rls. George - H. steward and J. W. Cowlea; in Marion county, E. J." Hard ing; In. Clackamas county, Francis O. Holland; In Washington county, ' Wil liam Oelger. W. B. Caldwell and W. D. Hare; In Clatsop county, Samuel T. Mo Kean; In Wasco county, John A. SI ma. Oraaf Jnry of Men. - V , The proceedlngln theitrjltorlal courts were quite'' 'similar to 4hoe-at thla time in the state courta. When a term of, the district court was com menced a grand Jury was Impaneled, constating of 24- men (now reduced to seven), arhose duty It waa to Inquire Into the criminal statutes of the United Statea and of the territory, and to Indict euch peraona aa in their opinion were triable for criminal acta The trial Jury consisted of 12 persona Pleadings were settled by motions snd demurrers aa they are now, andwhen ah Issue ftf fact waa made In an aotlon st law It waa tried -as it la now by a Jury of 12 men. Th-eourte of the territory had Jurle dictlon In equity and admiralty caaea which ware tried as thev are now by the court without a Jury. Appeals from the district ourt' a the aupreme court were takenl Very much aa they are now, and there Waa law of the territory al lowing' a dlxti-liU. Judge, if ha choae to do ao, to adjourn a rasa Into the su preme court for an original decision. Judge WUllaaas' slre Cases. My first term of court after I came to Oregon waa held in Clackamaa coun ty, and among the first caaea that came on for trial waa that of a woman Mt murder.. No woman ever had a more angello nama than, thle woman. Her name was Charity Lamb, Charity-took -j a notion one day tospllt open her hua- oana a neaa wiin khji, wnicu waa peedy but not ' altogether legitimate way of obtaining a dlvorceJio divorces In those daya were granted " by the courta The legislative assembly had exclusive Jurisdiction and conducted the divorce business. Charity waa Indicted for murder and waa defended by Aaron E. Walt. He extolled the vlrtuee of hla client and in the courae of tha trial constantly referred to her aa "this lady," which - was rather amualng, tn view of the fact that aha had commit ted an unprovoked and brutal murder. In consideration of her sex the Jury re. turned a verdict Of murder In the second degree and she waa sentenced to the penitentiary for life. - ; . r-. V Appoint Chief "Jnstio. . My first meeting with Judge O. C. Pratt waa at thla term of the court. He appeared aa an attorney for aoma parties. Pratt had been nominated for chief Justice of the territory, but In eome way had offended Stephen A. Douglaa,' then a great power In the aenate. who opposed his nomination and caused It to be -withdrawn; and there ujon he, with Benatora Dodge and Jones of Iowa, recommended me for the place. and I waa appointed. .Pratt waa very much displeased with this result, and made hla vexation known by attack ing in rather 'a pompous manner aome of my rulings which did not eult him. I waa compelled, to use a slang phrase, to "alt down" on him, and tell him In very plain terms that no lawyer in my court would be permitted to controvert or criticise my decisions after they were made. This, however, was a paaalng cloud, and our relations thereafter were very pleasant . t , Judg Pratt was small In stature, and his bump of 1 self-esteem was largely dlsproporlloned to his else. He waa a handsome man, well educated and a good lawyer, and whHe he could not conceal hia own high estimate of himself he had otherwise the acqutrementa and manners of an accomplished gentleman. He went to California, where he be came a Judge and acquired a large for tune. He waa a money-maker. I gave Judgment for him on a note drawing 12Q par cent Interest per. annum. There waa then no usury law in -Oregon.-' ". " ' Tries Oat Slave Oaae. I decided a caae in Polk county soon after I came to Oregon, which attracted considerable attention. Nathaniel Ford came to Oregon from Missouri with his negroes and held them here aa slaves. They sued out a writ of habeas corpus; claiming their freedom. Ford contend ed that the constitution of the -United Statea gave hlyn aa much right to bring hla slaves her and hold them aa prop erty aa others bad to bring their horses and rattle here and bold them aa prop erty, but I held that as tha ordinance of 188T prohibiting slavery in the north west territory waa made a part of the organie act, alavery could not exist here, and set the negroea at liberty. Thla was the end of slavery In Oregon, though a strong effort was made to es tablish It when tha constitution was adopted. ' Alt ef the terms of the district courts were Tegulsrly held by the Judges, and It was usual for the people of tha coun try to assemble tn large nurabera at the county aeats when the courts were In session. . i ,-t , Old Couaty Coart Daya. . They came to talk over neighborhood matters , and generally to have a. good time. Many of the lawyers of promi nence attended these courta, especially In the second district. They were fre quently employed to assist local attor neys. All of the Judges and lawyers traveled on horaeback. . Moat of our courthouses were cheap structures, lit tie more than shelters from the inclem ency of the -weather. I held my first term of court In Linn county In a board shanty.- On one occasion something was wrang with th alleged courthouae in Eugene City, and Its tables and benches were removed to the shades oT a wide-spreading oak, where, in the open air, I held court for a week or two In a satisfactory manner. ' I am able to aay that I held court in tha biggest and moat beautiful courthouse In which a court was ever held. - There were some so-called hotels at the county seats, but generally the court officials and lawyers boarded at private houses. For several terms of the court in Linn county I boarded at the house of tha Rev. M. Miller. Mre. Joseph O. Wilson and Mrs. Jamea K. Kelly were then girls, or perhaps I should say young ladtea, and the family was an Interest ing one. Mrs. Miller was an Ideal housekeeper: Everything was so orderly, nice and clean, and she was so good, gentle and kind that I recur to this as one of the pleasant episodes of my early experience in Oregon. , -r torlea of Front! Ufa. When I held court at Dallas, in Polk county. 'I. boarded at the house of Uncle Ben Nichols, aa he waa called. He was a large, powerful man, physically, and a splendid specimen of a Tennessean. He. was illiterate, but, very entertaining. He told the stories of what he had aeen, heard and experienced In frontier life with great glee. Mrs. Nichols was as considerate of me as though I had bean her son. - It was not a very elegant, but a comfortable horn. . When I held court In Eugene I boarded with Eugene F. Skinner, Mr. Skinner made his home a sort of a hotel for lawyers during court time. Most of the lawyers from abroad stopped there. . Mr. Sklnnor . and hla good wife exerted themselves to make their guests comfortable. We bad good beds and plenty of good things to eat. Our meetings at Skinner's were full of fun and good cheer. ' Traveling tr and from the courts It became necessary aome times to stop at tha house of a settler.- This was gen erally a amallfrough building In which people lived In frontier stylo. It waa not uncommon to find a bed In one corner of the room and a pile of harness and- -aadle In the other. :JHoU bread and bacon were the eitaple articles of food, with a, aide dish sometimes of fried cabbadfe.' ' Soma of the people, mora ambitious than others, had venison or bear meat. TaM food waa very accept, able to one made- hungry by riding on horseback and doubly acceptable by The warm-hearted welcome with which the settlers received these who stopped with them. .They gave the beat they had. ' right Over Sheriffs Office. ' ' I do not now recall any cases of great Importance disposed of In the First dis trict with the exception that Levi Knott was tried in Douglaa county for killing one Hill and acquitted. Knott afterward was a prominent business man of this city. Another ease tried by judge Deady produced some excitement on account of the political aspect It ass timed. Day and Kent were candidates for sheriff in Douglaa county. Judge Deady decided that Kent was entitled to tb office, be cause there were no regular returns of ths election from Cow Creek precinct. It wss admitted that If the votes In that precinct were counted Day was elected. Day appealed to the supreme court. Tha case waa araued by R. P. Hoiae ror Day and ,B, F.. Harding or,Keot. . After, the lXnTl(7T VTA f ifV I An A f 'Vf AP.'IF T' " - - - av ' A N - ' - i ;t. ". ..'' v- : '7 1 111 ' - : ! r . Chicago-New v stantly Adyan This Railroad Will Make Marii Don't Wait for Further Rioe in Stock. WILL ' SOON BE WORTH '."';'' PAR. ITh stock of the Chicago-New York Electrlo TAtr Line . railroad Is aelllnf for S stock li Buy befor it advancea , The going up. Ton will never find an easier way of making money. Every dollar of stock offered for sale representa work performed nglneer Ing, right v of way,, franchises, grading. Remember, the atock aales pay for work already done. One of the safeguard thrown around stockholders. lsj th fol lowing clause, which appears In eveV certificate iaaued: . , - . This certificate will be accepted in payment for transportation to the amount of the par value of the shares of stock repre sented hereby, and , at current tariff rates, over any part of the road in operation. . Stuly thla clause and get Its full significance. It means that the mln ute any on section of this great Chi cago-New Tork ra U road begins opera tion your stock" will b worth In the neighborhood of par. , A railroad ticket can always b cashed at a small die count. The man who buya a share of stock for $30 will be able to get 1100 for it in transportation, and sell the transportation for eaab. If he wants to. But he will not want to. The stock, will be far. too valuable to be frittered away for ' transportation. However, the clause Is a unique and perfect safeguard, which investors will appreciate. Xt will aaake every Sella ef took worth par. The enormous 'ealea of thla stock are advancing the price faater than was anticipated... No one dreamed of such' Instant response' on th part of th Investing public There la reason for It. however. . n tb first place, the opportunity ls"tinuuel. Tiiav.earnlng poaslblllty' of th Chicago-New Tork Electrlo Air line Is " extraordinary. The more one thinks of It and atudtee over it the bigger It ' looks. In ' the second, place,, the country Is full . of money aeeklng profitable ' Investment. Comptroller Rldgely, In his annual re port,"" says: caae waa submitted the Judges met at my house one evening to decide it. I waa of th opinion that as Day had re ceived a majority of tha votes he waa entitled to the office and that hia elec tion could not be defeated by any. de ficiencies or irregularities in the re. turns of the precinct judges or clerks. Judge Olney concurred with me. We argued and wrestled with the question until broad daylight In the morning. Judge Deady adhered to hla decision and wrote a very able dissenting opinion. I believe the decision of the majority of tne court is now universally recognised aa a correct exposition of the law. . Waterfront Case Beeld4L Judge Olney decided a very Important case in I'oruamr -.1 vejoy . ajid Petty grove, when they laid out a part ; of Portland, made a map by which It ap peared that Water street, x now railed Tont street, was open to the river. Parrlsh purchased of them a lot front ing on Water street. , Stevens under took to erect a building on the open space between the lot Parrlsh had pur chased and the river. Parrlah claimed that the whole ground between the weat aide of Water street and the river had been dedicated to the public Judge Olney upheld this contention. Stevens appealed to the supreme court of the territory and the decision wss affirmed. Stevens then appealed to the eupreme court of the United States, and the territory waa reversed on the ground that when - Lovejoy and Pettygrove mad the dedication the title waa In the United States.?--I said in my opinion In that caae; "Whatever the effect may be upon the lights of the United States, it Is clear that the proprietors might (sell and transfer whatever-Interest they had in the land, and having conveyed 1 them and received compensation therefor cannot repossess . themselves of such Interests at pleasure. , Oateway of Blf Country. "Dedication may be made of . what a man haa, be it much or little, and when made and : accepted binds the maker." I further said: "Portland was laid out for what It has come to be, the emporium of a larg country, and com mon sens forbids us to suppose that the first proprietor Intended that the commercial tranaactiona of euch a place should be carried on through the back doors and wlndowa of shops and stores crowded . along the - water's edge, pub lic levees are almost aa necessary in such towns aa public streets.'' : - This was said more than-. 80. years ago. - - - .. I still think the decision of the terri torial courta waa right, and If It had been upheld It would have added much If not to the business, certainly to the beauty of the city. Judge Williams then devoted consid erable time to the life history and many seta of heroism of the men who practiced before him, and In conclusion BBld: . . ; e Bring About Changes. Fifty ' years have brought great change In Oregon, aome for the better and aome for . the worse. Fifty years ago we- did not have the splendor or riches and the luxuries of life we now have, but we had no tramps, hobos, bur. glare r thieves to torment the people with their depredations. Occasionally a man was killed to avenge aoma real or Imaginary wrong, but we had no holdup on the highway for robbery, and murder was not committed from --.'A ' ShCf A fC. II. V- Ml ' r ' 4 .. Mjf .)! ! esJ 4r A v.e..v.i., . . I 1 t i A REPORT O?; THE COMPTROLLER OF THE CURRENCY. "There -was an Increase In deposits in all reporting banks from $4,843,. 1I4.4J3 in 189 to $7.:3$.8,4o0 In 100, over 4 per oent. During the four yeara from 1800 to 1804 deposits Increased over 88. per cent; for the year ending June 80, 105. tha Increase waa 18.6; the Increase In the current year over 1805 waa $885,000,000, or about 7.0 per cent.'- The ratio f la rease la individual deposit from ISM to ISO waa aearly 147 per oa-M The Individual deposits In the banks the savings of the people, accord ing to tha comptroller, amount to $4,$89.7?3.000, an Increase of $300,248,000 in a elngle year. . A small per cent of this amount would - build and "equip this entire twentieth century railroad from terminal to terminal. - ? ' . It Is difficult for a mtndwhich has not 'been trained to think In mil lions and billions to grasp th aignlflcanc of these figure given In,. the comptroller's' report. . Most of us art unabl to think beyond $100,000. and our conceptions of that aum are somewhat haiy. Tet, here- wa have an an nual Increas In Individual, bank deposits of more than double the amount neceeary to build and equip thla great railroad. No on would doubts, for an Instant the power of . Wall street to build such a railroad. There la a greater power than . Wall street back of It a nation of prosperous people. Tha people are building thla railroad. They are building It outf of their surplus savings. They are building It along the lines euggested by Judge SSrosacup, of Chicago, who ears: ' . i . "I aliould like Jo see well-managed industrial corporations popularised through tha ownership of their securities by great numbers of people with small means, so that savings banks will decline In popularity and their depos its dwindle.? . ' . .. . . Why. should they not build It? Why should the exploitation, of a new enterprise be left to man already wealthybeyond the dreama of avarlceT Why ahould people be content to toll through the. yeara for the privilege of loaning their little savinga for a pittance to th very men who thereby seek to swell their already swollen fortunes by stock manipulation? ... Will this railroad b built? A well aak will the- sun rls tomorrow?. Will New York and Chicago and the rich populous Intervening country re main on th map1? Will the United States of America move backward lnatead of forward? .-i. j-r ,-' -''i' i f The Chloaro-aTew Tork Bleetrle Air Line railroad la Inevitable aad its eara iag possibilities tremsadOTis. . (..'- i .. , . ' YOUR OPPORTUNITY. " liere. is a great national need. The bualneaa of tha ountry la crying out for more rallroatht, euXfering for more adequate transportation facilities. Her Is a great national surplus, over $4,000,000,000 In the banka, belonging to individual depositors. ' , Here Is a marvelous electrical develop, ment. which makes-possible long-distance transportation at a saving of II PILKJNG1WS . . NUR.SERY STOCEC HOLIDAY SPECIALTIES Berry Bearing Hollies, beautiful specimens ready to plant. Rhododendrons, Azaleas and 40 ' varieties of specimen Confers. Roses, most beautiful varieties, in unlimited quantities. Tree -Roses and general stock, fine, hardy ornamental and Fruit Trees. General .nursery stock in choicest varieties and any quantity.' . . ; . . . . - , , . , - Down Town Office and Sales Depot Foot Yamhill StJ, North Side. mercenary motives. Llfe'and property were much safer than they are now. We bad our Indian ware which produced some excitement, but they served to unite the people and bind them together for mutual protection and seourlty. The romance of a almpl lire was a reality in- Oregon. - ....., . v.( Looking back over my' early life, in Oregon ahadowy forms lilt acroaa my vision. My associate . on th bench have departed thla life. I know of but three lawyers who were at the Oregon bar between 1883 and 1888 who are now living. They are Reuben P. Bolae; La fayette Qrover and P. Q. Marquam. . I do not believe that these departed ones are dead, but consciously alive in another sphere of existence.'-.. I shall soon know whether this js so or net, but I confidently . expect on' the other side of the dark valley of death to meet theee old friends of mine In the break ing light of an eternal day and bid them "Good morning." c ' ii " i ' ; 1 WonlA Take KU Word f or It, Dooly, despite ' hla good humor, had a biting a train of satire. On one oc casion a young lawyer named Jacks was delivering -a speech against Calhoun. "He -ought not to be elected constable of this district. He hasn't either, char acter of principle," ha said. : . Dooly heard him through, and then tn a smooth voice said: "Mr. Jacks. . I know Mr. Calhoun well, and I am cer tain that he has great respect for pub lic opinion, and la, moreover, very mod est, and If you will write to him ha will take down Ms name and not . run for congress at aiL" - ' ..." Varied.,' The late Judge Saunders of .North Carolina waa noted as an angler, but he had a poor memory aa to tha weight of the fish he had taken. On one occa sion a friend, trying to entrap -nim. said: "Say, judge, what was the weight of that blf catfish you caught th other day?" Th Jiidg turned to his waiter and aald: "Bob, what did J say that catfish weighed f - - "What time yesterday, boss In de mawnln.vat dinner, or after auppahT'- per cent over ateam and at an astound Ing increas In speed. - Here I a great national "etflroad un der construction, planned to, meet thla need, to rHIev th trff; .jconweatton; to tahei' advantage of the "cnoray ' of electrical '-operation to arlve the people of the country an opportunity to make more than 4 per cent on their savings. This ' national need, this aattomal prosperity, thla aatloaal railroad - are yoar opportunity. . IL 't - 17ASHINGT0H TOWNS TO BE RULED BYf THE.EIHtST If Legislature Llstent to Prayers Y .. of Four Police De ;;'; Vpwtments. , " (Ipeeial DUeiteh t Ths Jaarail.i- Seattle, Dec. TO. A metropolitan sys tem of police appointment and control. Including -the pensioning of those who have served the department faithfully for a score of years, is being agitated for enactment at th next session of the state legislature by the polio depart, ments of th first-class cities of the atate Seattle, Spokane, Tacoma - and Belllngham... Sergeant , of Detectl'lee Tennatit of the local force and Detective McPhee of Spokane have made a rough draft of a bill, which they will have presented to the legislature.' . t ' Briefly, the law proposed would take police systems out of politics. The governor would appoint a board of po lice commissioners for each of the four cttlee and they would select the chief ana--p"rolmn. They would replace the present boardji of civil service oommle slonr. .', .j j , Ti - FOH STOMACH TROUBLES IndirntW. Soar Stoaacb," Distress alter Xatiag, Bllloeiao, etc. there I Be remedy so' ...... aatuvlartorv ss Tarranro Scltecr Aperient. " , 1 " tUg. V. 8. ft. 04.) ' in eiTerreaemt dteastit, .emarlnhty rfrMef sad Balatabi. j-rawrineq or njnrun lot mors mr. . .' " 1 : r- m ,oiMaukUtBr rk. o tut akUdraa taw. . u i " . . Al Irauleta 88 east eed It M m ky sufl he ' :" '. THt tAWBAWT CO 44 Hudeow ttreat, New York .'VfJsre-i Not Youro? 3UY NOW, -cv. ova or ' m stoitsud-mzui-aw. . KOtm lucraio Bvonrss txat WXX.X, TAXB A TaVAXlT TO nW TOBX . nr io sovss. . " 1W ; as aead yea rail for moBtha the ASM UN aTaTWS. three Partial '-or inatallment payments may be made at the- rate of 10- per cent down. 10 per cent monthly, until shares arc paid for. "At the present price of $30 per share this means $3 per share cash, or Ita equivalent, with your order, and $3 per share . each month for the next nine months. No Interest charged qn deferred payments. . , AXtoTfteea epea fronts A. M. to . . BC Mondays and Saturdays from A. SC. t tr. sc. - ' . ' Soclhwestern Securities Co. . Western riscal Agents ; Chicago, New Tork Klectrlcal Air Lin . Railroad Co... t Mala Offtoeat S0O-33t Delbert Block. $43 Van Neaa Ave., Ban Franclaeo, Cal ifornia. -. ' i-.'.- t .. - Braaek'Offtoeei 80S West First St.. Los Angeles. Calif. ; 818-817 Central Bank Bldg.. Oakland, Calif.: 810-811 Eltel Bldg., Seattle, Wash. - COUPON OVTaTWBSTXSaT SBOUX1TUS OO riaoal Agaat OhJUsT. T. xue, a. x.in m. av. tea van btsss Ave Saa Ttaaelaoo, Oallf. ' , Baclosed . la .... , flat f. , r mi vi I Bikf ... . payment for . . '. . .Sharea Cbleaa-o-irew Terk Blectrt Air XOae BallaoaS atoeav ' ' r! Additional tnformatloa wia he aeat a meat, . . ; , f . v kTam.. . . . . .................... V. O. Addreaa . . P. Journal, IJ-80. GOTHAM FIRE DESTROYS " LARGE CRACKER FACTORY (PublUbera' Press by Special tossed fdr.) New Tork,. Dec. 19. A fierce fire completely destroyed the bis six-story factory ; building of Harris Holmes. . cracaer ntanuiaciurers, wnicn occupied the block bounded by. South .Water, Montgomery and Clinton streets, on th -east bide, tonight, ' and threatened de struction to the Immense warehouse of Parke A Davis, druggists. Which adjoins th cracker plant. The total loss Is 1250,000, confined to the craoker com pany, which la a branch of the National ' Biscuit company. , . ' , The walla Af th TTa rH S, TTAlme "RELIABLE" building fell with a crash and several H. intuitu iimu iwrruw rw m irvm. uvin crushed by flying bricks. Salem' Tluea-ltlll School Tax. ' I Specie I Dlapatck t Tb JearaaLl . Salem, Or., Dec. it. At a meeting of the taxpayers of tha school districts of Salem at the high school this evening a f-mlll tax waa voted. " On account' of assessment at fuU valuation a 8 -ml 11 tax will ralae as much for schools as th l-mlll tax of last year. , - -i '-"Where th Bettors . ' From tbe Philadelphia press. . Bpoart Tea ay as fllns th rsi'es, - , Wise Tet; tbe rsee borse keep aba bssy. Bpoart Akt Bookaiakert' . .' , "(Vise Net aewabreked. .' It, II lliuM -It- i r V '.V