The Oregon daily journal., November 23, 1908, Page 4, Image 4

. THE GKEGOlf DAILY J0URNXLT "YtJllTEAND. MONDAY EVENING, ' NOVEMBER 23, 1808. '
4
WW Oil
L 'SUPREME--"
! BENCH
I
Alleged Hostility of Bryan
and' Roosevelt No New
Thing-Jefferson and Abe
Lincoln Created New Par
ties to Fight Court.
Th court waa Increased b the Dan)'
nr. rati in tha Andrew Jackson regime.
for political purposes. In reconat mo
tion days It was decreased in order that
Andrew Jobnaon might not be permit
ted to fill three vacancies which -had
occurred. The party ravoring tn ex
treme reconstruction program was much
a r raid or tne supreme couri as u aiuuu,
and it could not permit Johnson to add
to it men or nis way or muming.
Bow Xayea Became President.
The last time the sucreme court
showed a positively partisan political
division was in 1877. when the elec
toral commission was created to aectae
the contest between Rutherford B.
Ha?es and Samuel J. TUden for the
(-presidency. Congress provided for a
commission or rive members or eacn
House and for rive members or trre su
preme court. The 10 congressional com
mlsslonera were eauallv divided betweei
Republicans and Democrats. Two Be-
Br FREDERIC Jf. RASKIN.
(Copyright, 1908, by Freflerio 3. Haskln.)
Washington. Nov. 13. President-elect
Taft will probably have the opportunity
to appoint three or more Justices of tha
nnreme court of the United States. In
the recent campaign many supporters
of Mr. Taft urged in bis behalf that
fee would be more careful in bis selec
tion of supreme court Justices than
would bia opponent. As Mr. Taft is
itha first man who aver-earna to tha
! presidency .with a record of dlstin
': gulshed service on the federal bench,
and as he has had ambitions for the
aunrema court mmson, iv -
oeoted that bis attitude toward
the
i win bA markedly dif
ferent from that of many of his pred
in tv, white House. In view
? of the present discussion of the Ques
tion, it Is interesting to review the re-
latlons of the supreme court to partisan
politics in tne niBiory
In. tha campaign of 1898 Bryan was
Bverelv denounced by . every. Republi
can orator because or his criticism ox
ik. vourt a erlticlam set forth
In the Democratic platform. Within the
last lew years rresiaenv nuraoYtu
' v..- ,,air !.tlrluut because of his
r disagreeing comments upon decisions of
. various leaerai juages. m j"
f stance, that of Bryan and that of Roose
velt, the tone of the criticisms was that
the majesty of the federal courts had
: been attacked for the first time and
that tha crime was little less than
! treason,
t Hostility Jto Wsw Thing1.
', . - n.ti- nf fart, both, the Dfmo-
cratle and Republican political parties
were born of bitter attacks upon the
supreme court! there nas noi uran
time in the history of the country when
iiiM mwtA Annrta were absolutely 01-
vorced: and tha courts are more free
from political Influence now than ever
i John Jay. the first chief Justice of the
supreme court, was so active in politics
that ha went to England as a special
envoy and remained abroad on that mis
slon for a year without resigning from
the court. He then negotiated the ob
noxious treaty which enabled Thomas
Jefferson to unite the various antl-feder-allst
elements into, an organised party.
Thus was the Democratic party born.
Tsreathlng denunciations against the su
lreme court. When Thomas Jefferson
and the first Democratic adminlatr-
.'Xion came inio power uw wmiiu mv.
Chief Justice John Marshall of tha su
preme court, who was also serving as
I secretary of state, was Interrupted at
' midnight of March 8 in the work of
1' making out commissions rot- .leaerai
v a mm .nnnfnt tinker a bill rtassed
y the outgoing Federalists designed to
taok the courts for political reasons.
.The bill was repealed, but the supreme
court could not be touched. Jefferson
attacked the court by means of Im
peachments and In every possible man
ner, but John Marshall sat there for 84
years, handing down the decisions
which caused sJefferson to rasje" then
and which have been the despair of Jef
fersonians ever since. .
Imoola Defied Supreme Cenrt,
When Abraham Lincoln repudiated the
Dred Scott decision of the supreme
court in a speech delivered la 1867. he
touched upon the very thing that was
to make the new-born Republican party
great, and which was to give mm im
mortal fame. The Dred Boott decision
was denounced all over the north. The
supreme court was denounced an the
. puppet show of the slavocracy. When
Lincoln came to be president one of
, the first things he did was to Ignore
! a mandate of the supreme court,
i . The Democratic party was born In
" violent opposition to the supreme court
and ruled practically all of the time
for , the ensuing 80 years. Then the
Republican party . was born In denun
ciation of the supreme court and it has
ruled practically -all of the time for
the past CO years.
Congress Can Pack the Court.
' Furthermore, congress exercises a
limited power over the. supreme court
' In that It can Increase or decrease the
number of members of the court, al
' though It could not legislate a Justice
! off the bench. This power has been
'exercised for the express purpose of
Solitlcal effect -toaj'pack the court"
rlginally composedf a chief Justice
i and five associate justices, the court
now has eight associate Justices. At
one time It bad nine, making 10 In all.
publican and two Democratic supreme
court Justices were selected and they
were to -choose tne fifth judge.
It had been the original clan o se
lect Justice David Davis of Illinois, an
independent. But he resigned from the
court wnen elected to tne senate oy me
Illinois legislature. Then Justice Brad
ley, was chosen, lie was a Republican.
un every vital Question that came be
fore that commission, the vote was eight
to seven the eljrht Republicans, lneiuii
ing Bradley.' votlnsr for the Republican
contention and the seven Democrats
supporting their partisan claims. 8o
the great contest was decided and Hayes
was maae president.
Zfine Chief Justices.
There have bean nine chief Justices
of the. supreme court of the United
States, although most lists give but
eight The first was John Jay, who
States,
t Thanksgiving day will be
on Thursday.
.. We've fattened our stock
with a special new lot of winter-weight
garments.
h : Our Suits are prize birds,
all right.
YouH give thanks all win
ter if you are wise enough
to buy here while the vari
eties are complete.
I
CLOTHIERS
1C5-17Q Third Street-
served six years. During that time, he
was envoy to England, tie was suc
ceeded by John Rutledne of South Caro
Una, who had formerly served as asso
ciate Justice. The senate refused to
confirm him and he held but one term
of court' Then William Cushing of
Massachusetts, an associate Justice, was
nominated, connrmea ana commissioned
to be chief luetics. He resigned after
one week, not having held a session of
tne courts ins name is usually ommeu
from the roster of chief Justices. Then
came Oliver Ellsworth of Connecticut
He served four years and was part of
the time abroad as a minister to France.
He was succeeded by the great John
Marshall of Virginia, who served for
34 years and five months, the longest
service on record except that of Asso
ciate Justice Stephen J. Field of Cal
ifornia, who served 84 years and etght
months. Theh came Roger B. Taney of
Maryland; Balm on P. Chase and Mor
rison H. , Walte, both from Ohio, and
the present chief Justice, Melville x
Fuller of Illinois.
The youngest man ever appointed to
the supreme bench was tne ramous jus
tice Rtnrv who was but 82 veara old
when commissioned by President Mad
ison. The oldest appointee was Ward
Hunt of New York, who was 62. Of the
chief justices, six came from north of
Mason ana Dixon 8 un ana tnree rrom
the south. Of the 62 associate lus
tlces, 82 have been from the north and
20 from the Bouth.
At present there are three Democrats
and six Republicans on the bench, seven
from the north and two from the south.
Justice Harlan of Kentucky, appointed
In 1S77, Is the senior member of the
court Chief Justice Fuller comes next
in length of service, having been ap
pointed In 18S8.
Taft Possibilities.
It Is believed that President-Elect
Taft will consider the name of Judge
Horace H. Lurton of Tennessee for ap
pointment to the supreme court Judge
Lurton Is a Democrat, but is a very
close, friend of Taft they having served
together on the federal circuit bench.
If Taft should apnolnt Judge Lurton, It
would be the second time since tne or
sanitation of oolitlcal parties that 1
president placed a man of the opposi
tion party on the supreme bench. The
only other Instance was when Benjamin
Harrison annolnted Howell E. Jack
son to be an associate Justice. Llka
Judge Lurton, Jackson was a Democrat
and a Tennesseean. As Lurton and
Taft served together on the bench, so
had Jackson and Harrison served to
pettier In the senate, where they had
become intimate mends.
While the force of politics Is applied
to the supreme court rrom the outside.
while congress can regulate the number
of Us members, and while the presi
dent supplies vacancies, it is true tnat
the supreme court Itself has become
less and less political through tne years
From 1788, when It was created, until
1801. when Marshall came to the bench.
the court was not very Important It
had decided that it could bring an un
willing state before the court to answer
as defendant to the suit of an Individ
ual, a citizen or subject of any foreign
state, but this power was taken away
from it by the Eleventh amendment to
the constitution.
Decisions That Changed History.
John Marshall dominated the court
for over 80 years. His decisions shaped
the future of the country and gave elas
tlclty to the written constitution by
originating tne doctrine or tne grant
of power to the federal. government by
implication. The case of McCulloch
ajralnst Maryland waR epoch-making,
and has had more to do with the his
tory of the United States than any
other single event since the repeal of
tne alien and sedition laws. The third
era In the history of the court was when
It became responsible to the Intense
democracy of the Jackson era, with
Roger B. Taney at its head. From that
time until the civil war the court was
strict In construing the written consti
tution. During the Lincoln, Johnson
and Grant administrations the court
was frequetly changing, but finally It
gave tacit approval to the congressional
reconstruction program by greatly lib
eralizing its opinions. Since that timo
the general trend has been backward
toward a stricter construction, a no
table exception to the rule being the
Phlllnolne tariff case.
Taking the whole sweep of the his
tory of the country, the record of this
unique court, the most powerful on
earth. Is one of which Americans are
proud. Politics has affected It, as pol
itics affects everything, but there has
never been the slightest suspicion of
dishonor cast upon a member of the
supreme court and the record of that
bench Is spotless. There is no doubt
that It will remain so, and every Am
erican will Join in the prayer which con
cludes the crier's proclamation when he
opens a session of the supreme court:
"Oyea! Oyez! Ovez! All persons hav
ing business before the honorable su
preme court of the United States of
America are admonished to draw near
and give their attention, for the court
is now sitting! (iod save the United
States and this honorable court!"
JOIN FORCES IX
RAILROAD FIGHT
(Special Dispatch to Tba Journal 1
Aberdeen, Wash., Nov. 23. Hoqutam's
Commercial club has joined with the
chamber of commerce of Aberdeen to
take up the fight against the Northern
Pacific Railway company on its propo
sition to exclude the two towns from
terminal freight rates. A committee of
firominent men of Hoqulam has been se
eded to attend the meetins of the
chamber of ebmmerce of this city Tues
day night and take definite action as to
toe plan 01 campaign to do xoiioweo.
A meetlnsr of lumbermen of Aberdeen
and Hoqulam was held In this city yes
terday, ana wnue 11 is not recognised
particularly as a lumoermen s ngnt, ow
ing to the fact that lumber has been
eliminated from the new schedule, it
was the conclusion that indirectly it
affected the lumber interests, for the
MMon that If a mlllowner decides to
put In new machinery, for Instance, the
scneouie WUl aneci ims une 01 lreigni.
The point was also made at the meeting
that in taxing all other manufacturers
and dealers other than lumbermen, the
Northern Paelflo la discriminating and
is violating oneof the chief features of
the interstate commerce law.
TO HIVE
milium
Resource Conference Meets
at Boston Shellfish on
the Menn Today.
(Bpeeial Dispatch to Tha Journal.)
Boston. Nov. 23. The New England
conference of resources, consisting of
the governors of the New England
states, the lieutenant-governors and at
torneys-general, the presidents of the
senates and speakers of the houses of
representatives of each state, as well
as members of congress and eight lay J
delegates-at-large appointed by the gov
ernors of their respective states, was
called to order by Governor Guild of
Massachusetts at the Tremont theatre
today. The object of the conference,
which was called together by Governor
Guild, and which will remain "In ses
sion two days, is the consideration and
discussion of the various resources of
the New Eneland states and of the best
means to preserve and develop them.
The opening session was aevoiea 10
the consideration of tree planting. Gil
ford Pinchot, chief of the forestry serv
ice nf the United States department of
agriculture, spoke on the future of for
est trees in isew mngiana. t-roiBssor
John Crang, head of the department of
horticulture at Cornell university, and
secretary of the American Poraologlcal
society, discussed the subject of or
chards in New England and the great
opportunity for .fruit culture in the New
England states. '
The morning session tomorrow which
will be opened with player by Arch
hlahon O'Connell. will take us the sub
ject of ine preservation and cultivation
or sneunsn, now rapiaiy vanisning irora
the New England states. Professor
Francis Hobard Herrlck, head of the de
partment of biology in the Western Re
serve university, Cleveland, Ohio, will
read a paper on lobster culture. Dr.
George Wilton Field, chairman pf the
Massachusetts fish and game commis
sion, will speak on the growth and
preservation of oysters, clams, quahaugs
and scallops.
The third session, which will be held
tomorrow afternoon, will be devoted to
the consideration of highways and their
use. Harold Parker, chairman of the
Massachusetts highway commission;
James A. MacDonald. highway commis
sioner of Connecticut, and ex-Governor
Nahum J. Hachelrter of New Hampshire,
master of the national grange, will read
papers touching the subject.
MONEY THAT WAS
SPEIITJIMII
National Committee Reports
$620,614.77 Collected and
$619,410.06 Expended.
(United Prtsi Leased Wlr.
Chicago, Nov. 23. The national Dem
ocratic committee last night made pub
lic a detailed statement of receipts and
expenditures of funds In the presiden
tial IflAQ whl.h 1a In Ita
statistical parts, as follows:
Total amount of money re
ceived by tne Democratic
national committee for the
vear 1808 3620,644.77
Total amount disbursed 619,410.06
Balance on hand 1,234.71
Distribution of disbursements by
vouchers shown by departments 'of the
Democratic national committee, 1908:
Auditor's office $ 8B8.60
Secretary's office 4,108.61
Treasurer's oflce 5,053.21
Commercial Travelers 163.00
Club organization bureau.... 6.020.70
Labor bureau 3,4Ul.3
Advisory committee 3,020.96
Organization of states .'. 129,063.82
Purchasing agent department 1,340.73
Finance committee 28.580.64
Congressional committee 3,625.00
Publicity bureau 88.899.43
Ex-treasurer's account miscel
laneous sight draft on Ok
lahoma hank 4.010.85
Sergeant-at-arms 4,046.37
Documents 142.637.25
Chairman and vice-chairman 6,430.00
Reproduction bureau 5,11560
Speakers' bureau 83,768-95
General fund 88,111. SO
Kent of headquarters.. 12,746.72
Telegrams 13,761.90
Telephones 2 199 30
Express charges 13 061 17
rostage 37,452.54
I r ' y,' -w ' ' 'r, ,
V;- :.&:y l : - j - - - IvSScy
V y r ? , 11' rr
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I vVyv ':v
I II " '
s" v , ' -. if . ' v "4? - - ' . ' a
Y' N' " '''
RAINCOATS
AND
OVERCOATS
of the SUPERIOR BEN SELLING
sort arc here in great variety
for your choosing.
The SUPERIORITY of those I sell is
conceded by everyone.
MY GUARANTEE goes with every
garment YOU take no risks
when you purchase herer
MODESTLY PRICED
$15 to $45
BEN SELLING
LEADING CLOTHIER
Total $619. 410. 0
"Man Is As Old
As His Stomach
Million Dollar Federal Building.-
IHpertal D)ptcb to The Joonial.1
Providence. R. I.. Nov. 28. The mu
nificent federal building recently com-
ieted in this city 'was opened ror pun
1c inspection today, with ceremonies
under the auspices of the Rhode Island
Business Men's association. - The build
ing cost 81.000.000 and is one of tha fin
est of its kind In the county.. It will
contain the poetofflce, the customs of-
ncea, me vnitea b taxes courts ana Other
federal offices, . .
This Persian Epigram Is the Real
uauge of a Man s Life:
The Persians were a verv sairaclous
peonlo, noted among other things, for
their deep thlnkina' on life and the
things which make up life.
The above eolEram showa tha wt.
dom of their thought
When a man's stomach is able to fur
nish new material to the system as
fast or faster than the natural decay of
man requires, then such a man lives his
fullest and his best
wnen through wrong living or dls-
easo a man's stomach begins to tax
the other organs and takes from the
blood strength which It cannot give
back In nourishment taken from food,
then begins the death of man and he
decays fast The stomach Is strong,
splendidly strong, and can stand an
untold amount of abuse and neglect,
but when it dies, man dies.
The stomach gives tons upon tons of
gooa ricn Diooa every year to the sys
tem and draws only 680 lbs. of nourish
ment for Its own use. If, however, the
food which It receives cannot be turned
into blood which Is capable of use by
the body, then the stomach receives no
help from the other organs.
Stuart's Dyspepsia Tablets contain
the most perfect digestive qualities
known to science and at the same time
the most powerful. They will mix with
the poisonous Juices of a sick stomach
and digest food In spite of this handicap.
They will stOD araa maVlnar v,
breath. They tone up the nerves of the
whole digestive canal. Including those
Of the stomach.
A single Ingredient contain at-.nK
enough to digest 8,000 times Its weight
in mixed food. "
They have stood the test of time and
today are more eoueht f h
their imitators combined.
Thy are used and endorsed by 40 000
p5.y"lchns- tFvery. dru8l"t sells them,
price 60c. It costs nothing to demon
strate their value. 6end ul your name
and address and. we will send yo J
trial package by mall free. Address P
aTM U0 StU'rt --
PRINCE REFUSES
EHfEBTllfllH
Nephew of Late Chinese Em
peror and Envoy Yi
in San Francisco.
TEA1
' When we take the risk of
your liking our tea. the
leat you can do is to try it
. T ar creeer rttnret rea bodci f! yet 4nt
VitSsbmixisMfrmumt
(United Presa Leased Wire.)
Ban Francisco, Nov. 23. Prince Teal
Fu, nephew of the late Emperor Kwang
Hsu, who Is accompanying Envoy Tang
Shao Ti to Washington, today paid
honor and worship to the image of the
emperor and the dowager empress at
the temple of the Six Companies.
The ceremony was simple and quiet.
The prince was accompanied by Envoy
Tang and the local consul-general. Hsu
Ping Chen, and attended by only a few
of his retainers. Visits to the shrine
will be made at Intervals during the
stay of the distinguished Chinese.
The Chinese merchants of the city
have prepared a petition to be present
ed to tne envoy for presentation In turn
to the imperial government, asking that
a portion of the Boxer Indemnity which
has been remitted by the united States
be used in San Francisco for the edu
cation of Chinese youths in American
Schools and colleges.
The aovernment recently decided to
devote the entire amount of the remit
ted Indemnity to the founding of schol
arships for Chinese. Already the peti
tion of the Chinese of Hawaii is in the
hands of Tang.
xne local merchant organisations
have endeavored repeatedly to fcave the
visitors accept a banquet in their honor,
but so far all attempts have been failures.
Prince Tsal has announced that heH
will not permit any celebration to in
truae upon his season of mourning.
BRAKES FAIL; SMASH;
M0T0BMAN KILLED
(tmtted Press Leased Wire.)
Cleveland, Ohio, Nev. JS. As the re
sult of a rear end collision between an
Akron suburban electric car and a city
car today. One man Is dying and six
others are probably fatally injured.
Motorman Stelnmetz of the city oar,
which was struck by the suburban car.
received the brunt of the collision, ar
he was standing at his post in front
when the other car descended the hill
and crashed into him. The Akron car's
motor refused to work while it was
climbing a hill, and when it began to
slide back the brakes failed to hold.
The helpless car .flew down the hill
until it backed into the city car, which
it struck with such force that it was
completely demolished. When Stein
meta was rescued from underneath the
wreckage he was dying.
LATHAN LANDED IN
.SAN FRANCISCO JAIL
(Unlfcd Press Leased Wire.)
Ban Francisco, Nov. 23. Alexander 8.
Lathan, the long mitslns witness sought
bv the prosecution In connection with
the trolley graft charges, is In the
county jail, tie was ci
at Portland and arrivi
yesterday. ', - -. U -
Lathan was employed as chauffeur by
Abe Ruef at the time of ' the alleged
bribery by the United Railroads to se
cure Jfhe passage of an overhead trolley
He was captured recently
yea in mis city
"A Man
may
KISS-
A pretty
Miss
'neath mistletoe and "holly. If
tou don't believe it, read the Christmas love stories by Mary
Wilkins, Josephine Daskam Bacon, and Grace &. Richmond
in the Christmas Woman's Home Companion the most beau
tiful woman's magazine ever printed. There are ten stories
of love, mystery and holiday merrymaking. One of them,
- "Three Thousand Dollars,? is the story of a beautiful girl and a
magic safe!, by the greatest of all mystery-wearers, the author
of "The Leavenworth Case" and "The Millionaire Baby,"
ANNA KATHARINE GREEN
And there are Christinas love stories, Christmas songs, Christmas gifts, Chrirt
mas entertainments, page titer page of old-fashioned Christmas cheer all in
the December
WOMAN
COM
S H OME
ION
PAN-
. .
; At All News-stands
franchise by the board of supervisors.
He la likely to prove an important
witness. In the present trial of Ruef on
one of the Indictments charging him
with bribing a supervisor In connection
with the trolley-matter. -
Lathan was brought from 'l??rtland
after an attempt had been tnadty pre
vent hjs extradition on a charge of ac
cepting -a -bribe to remain withoute-the
Jurisdiction of the superior court ot Cal
ifornia, . -
N