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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Jan. 12, 1909)
4V; THE OREGON DAILY JOURNAL. PORTLAND. TUESDAY EVENING, JANUARY 12, 1909. IWTOSIMt DISCUSSED fl B(EGUI1VFS. MESSAGE JU mum of mm employers for the protection of all em. Tployes. In Xheory. It may appear all right to Bay that there are certain open . and visible .risks, which, the . employ , ought to assume' when he enters the employ of one engaged In hazardous en terprlse. But the necessities of the man seeking employment frequently compel him to take whateyer offers to enable ... mm 10 earn nis daily bread. :' Tne em plover has it in hla nower to furnish . safe place., to work and suitable and safe appliances and machinery to work with,' leaving- nothing to be assumed by the employe but the results of his own carelessness. He should use every de vice, ears, and precaution practicable for , the protection of life and limb, limited only- by the necessity for preserving the efficiency of the structure,- machine,. or otner apparatus oy device, and with out . regard to the additional cost of jfable material or safety appliances J devices. If the business will not ustlfv this precaution and expenditure. It were better; that the business be not " entered upon 'Or that it be abandoned. . rather than that human life and limb be made to pay the penalty. In actlonB for injuries suffered by an . employe, tha negligence of a fellow ser , vant would not be a defense-where the injury: was caused or contributed to by any of the following causes: "Any de fect .In-the structure, materials, works, plant or machinery of which the em ployer or, his agent could nave iiaa knowledge' by the exercise of ordinary . care: tho neglect. of any person en gaged uv superintendent, manager, fore- man, or other person in charge or control of the works, plant, machinery, or appliances; the Incompetence or neg- llgpiiefl of any person, In charge' of or directing the particular work In which the employe was engaged at the time of the Injury or death; the Ineompe. tenoe or negligence of any person to whose orders the employe was bound to conform and did conform, and by reason of his having conformed there to, the Injury or death resulted; the act of any fellow servnnt dontj in obe dience to the rules, instructions or or ceins given- by the employer or any other person who has authority to di rect the doing of said act. Nor should contributory negligence of the person injured be a defense, but only to be considered by the Jury In determining the amount of damages to which a par ty might be entitled. In my .message to the legislature In 1905 I recommended for the considera tion of that body a general employers' liability law, but the recommendation wag ignored and I trust the matter will receive your earnest consideration. The enactment of such a law will do more main an eise comoinea to protect lire I. tnd Ilm1. and it is particularly needed ijy now when the state Is entering upon Xgn era of great development. : n j Tir-. Many of the' fatal accidents caused, by the promiscuous sale and careless use of firearms, and much crime, can be avoided by a law that will restrict the sale and use of guns, pistols, and similar deadly weapons. The constitu tional provision which gives to every man the right to carry arms for his own defense would not be abridged by the enactment of a law placing some restrictions upon the sale and use of deadly weapons. It ought to be made a rnisaemeannr to sen weapons except upon' a permit to be Issued by the sheriff, or some one upon whom might be devolved the duty of examining each applicant as to character and fitness, and the right to purchase should be de nied to the drunkard, the minor and the Irresponsible person. Neither should guns or rifles be sold to persons ex cepting those who hold hunting per mits for the current vear. If a law ei r at r hi embodying provisions along the line of piieei HUKKfKiiuns wera euaciu. i am sure It.would result "lit avoiding many accidents and be a jgreat protection to human life. ' Willamette Canal and Locks. ITnder the provisions of an act passed by the legislature' in 1882. the Wlllam ett F'alls and Looks company, or those claiming under it. were required to certify to the board of ennui commis sioners on January 1, 1883, and quar terly thereafter, the number of tons HEALTH OFFICER POHL SUBMITS 1908 REPORT According to the annual report for 190S of Dr. K. Pohl. city health of ficer, the number of deaths In Portland was 178.1, cr 77 less than those re ported last year. The number of births last year was 2768 ss compared with 2363 In 1907. This shows an increase In the number of births of 395 or more than 15 per cent. In the report Dr. Pohl calls attention to the established custom In the city departments of using Polk's directory estimate of the population as a statis tical basis, and based on this estimate of 250.000 - population, the death rate for 1J08 In Portland Is 7.14 per 1000. Regarding the low death rate the re port nays: "Tno continuously low fleatn rate in the ott.v" of Portland is due largely to the pure water supply, to the mild and fostering climate and to the compara tive nbsenee of poverty and overcrowd ing that so increases the mortality In larger and older cities, supplemented by such auxiliaries as hospital service, quarantine, vaccination, antitoxin, dis infection, ambulance service and to the school and market Inspection. With a proper garbage gathering and Inclnerat Ing system and adequate milk supervis ion, tne aeatn rate migiit ran still lower. The report shows that 174 deaths re nlted from tuberculosis: Pneumonia .caused 146 deaths. There were 244 ases of tVDhoid ft-ver renorted. 40 of ;wnom oieti. Balrv Inspection If tfd. In the report Pr. Pohl advocates and recommends adequate jalry regulation and Inspection, saying: "A large percentage of the cases of typnoia rever which developed in the No More No Matter How Bad Your Case Is or How Long You Have Had It, Pyra mia Pile Cure Can Cure It. rraa Paekara Sent to Trort It. Half of the suffering and torture of piles has never been told. Whether your particular case of piles Is almost too excruciating for any mortal to bear, or ft you are learrully tantalized by un reachable Itchlnff anil V,lc,! I n Al. KAh- er you have only a moderate case of piles, mere is positive relief, and quick, loo, in-Pyramid Pile Cure, ion need not tsse for granted all we say about our Pile Remedy. We want it to speak for Itself.. Thst is why we say to every person suffering from piles or any form, of rectal disease, send us your name and address and we will gladly send you a free trial package of the' marvelous Pyramid Pile Cure. After using the trial you will hurry to your nearest druggist and get a SO cent box of Pyra mid Pile Cure, now admitted by thou sands to be one of the most wonderful 5 reliefs and cures for Plies ever known. Instant relief can be gotten by using the marvelous Pyramid Pile Cure. It Immediately reduces all congestion and swelling, heals all sores, ulcers and Irrl tsted parts It renders an operation ab solutely unnecessary. '--v 8end your name and address tnd ay for .free trial package to Pyramid Drug Co., .'US Pyramid Bldg Marshall, Mich. of freight and the number" of passen gers passing through : the canal and locks and the number, and ". names 1 of the steamboats and other craft ass ing through the same for each quarter Immediately, preceding tha return, t of said report. , Shortly after my. Jnaugu ration as governor in 1903, I began an investglatlon of the .matter with the view or securing reports from the suc cessor in . Interest of the Willamette Falls and Locks company, so .as .to collect for the state for the benefit of the common school fund 10 per cent of the net profits arising from tolls collected at the , rate of 60 , cents per ton. tor ireignt ana 10 cents tor eacn passenger passing through the canal and locks. After some correspondence i.nu one or more interviews with the officers of the Portland General Elec tric company, the successor In interest of the original company, they , refused to render any statement or make any report, claiming lhat the state had, ac quiesced inr the company's exercise of its ciaim or. ownership in lee or tht, canal and locks and was estODDed from mak ing any claim for net profits under any act of the legislature. The matter was men suDmnted to the attorney general by me with a request for an opinion as to the liability of the company, and In October, 1905, the attorney general furnished me an opinion.' In which he said, after reviewing air the acts of the legislature upon the subject: "Rela tive to this matter, I am of tha opinion that the acts taken altogether and un der authorities I am able to find, upon the question, the construction arid in tention of the legislature and the cor poration which constructed the locks was that net profits should mean all receipts above actual operating ex penses and necessary, repairs. Tf tht is correct, then there should be some net tlrofits each year to be accounted for. TviiiiB j. nm unaoie to say in what light a court may look upon the mat ter. I am Of the oninion tha Int.i-uii of the state are sufficient to warrant a suit being brought, to settle the matter, and if your board of canal commis sioners are-of the same opinion, after examining this communication, and di rect that suit shall be brought therefor, I would suggest that Instructions to that effect oe issued by the board or your excellency both to this office and i nit? uisinci sirornv nr tiia iiMiui district In -which said suit must be uruuKiii in oraer. to n void anv ha-i.... as to whether the attorney general has uiuuruy 10 institute tne suit." On the 14tll riflV nf Vnim ft. a a,3 tflAE the board of can'sl MmmiiiinJ,, re quested the attorney general to take the matter ud with tha nrnn., .iiai,,... torney and unite with him In institut ing the proper proceeding for an ac counting against tha -present-owners-of the canal and locks, - and endeavor if possible, to cpmpel payment to the state of whatever Sum might be ascertained to be due upon such accounting. Short ly thereafter suit was instituted In Multnomah countv by the attorney gen eral and the district attorney against the Portland General Electrlo company to collect 10 per cent of the net profits arising from tolls collected on the canal and locks under the statute. Issue was joined, and the court decided against the state's claim, but on ap peal, the supreme court on the 12th day of May. 1908, reversed the decree of the lower court and remanded the case to the lower court with instructions tn una. tain the demurrer of the state- to each" oi im aerenses or tne aerendant. and for such other proceedings as mUUt be proper. The cause Is now pending in the lower court, and It Is hoped that an accounting will in due course be had and a considerable sum recovered for the use of the common- school fund I am iglad to take this occasion to commend the ability with- which this case has been handled bv the attorney general, the district attorney, and Hon orable W. P. Lord, who assisted In the trial in the supreme court. The Just claim of the state has been already too long delayed and an early determination of the matter is a consummation most devoutly to be wished for. Non-Partisan Judiciary. In some of the states, Rteps are being taken to secure the election of a non- f artisan judiciary. This state ought not a be behind others in this important progressive movement. Kach of the city doubtless originated from Infecta-1 milk shipped from outlying districts. During the month of August a camp located on the Columbia slough and using Columbia slough water reported several cases of this disease. There are a great many dairies In this vicinity, and with Infected water so near the In fection of milk might easily . follow. Such infected milk being delivered to and In turn distributed by the creamer ies of the city, the source of these ty phoid eases could never be traced. These sources of danger and death can only be reached by adequate dairy reg ulation and Inspection. . . ., a,t74ova uniij iiiBficui iuii i unn inn mum urgent neeas oi foniana n.!,vm.n J I. 1 1 , . . J . 1 .-wijuirit "iivuki un tii:iineu in nil nun- iness In the city and the Issuance of such license should depend upon the iwimiuuns uiuur wnicn mug is pro duced. Milk is a most important feed and one very easily contaminated. It is therefore necessary to use the ut most cure in its production and deliv ery. Some of the creameries In the city make an effort to supply clean milk; but the fault is primarily with ths dai ries and must first be corrected there. "Sanitary" Bottle Joks. "Without inspection, the sanitary milk bottle Is a farce. The label sani tary guarantees nothing. Such a bot tle may nave been sterilized before fill ing, but it may have been left bv the bedside of a person with an Infectious disease, used as a drinking cup. collect ed, rinsed out, refilled snd passed along to the next customer with a fresh sani tary label attached." On the subject of school Inspection Dr. Pohl has the following to say: "While this department was a war of the great need of school inspection the returns are far more Important than was anticipated.: Cases of smallpox, diphtheria, scarlet fever, chlckenpox and whooping, cough have been found snd excluded from the schools. There . iu-.ii ma inner contagions -skin diseases, besides a large "Ul""w "l . ""n-J-oniagiou -diseases, many of which have been remedied. There were S69 children with pediculo- ft) U UA., r f ,Tn- 1 . i -"- ;mr ' iiH.ve seen cleaned up. but in visiting the homes of T l"r,T .imurwii me nurse. IindS It almost impossible to remedy the trou- nl fftP lh rMmmMk I , I . iv in-, uipr mem bers of the families to which they be- wi'R ma v rr TCI IIIIU, ..l'"?4. th," -whoo! Inspection been In ' tv. nf arll,r months of ths v . -f"""'i'' vi auiHiipux wnicn oc curred In one of the school districts wuuiu unquciuummT nave neen avoided CITY TAKES OPTIONS ON SITES FOR PABKS Options on park site to tha mn.,i of $1X1,000 were taken by ths city park board at an adjourned . session yester day afternoon. Owners of the land ap peared before the board to suts the price at which they held their prop erty, snd ths city paid a dollar to re- ,! , uj mi i uc price i or which each site was offered. Among the options taken was one for a 27 acre tract on Xtnunt T.iw. y ISO AAA T M p.ol - :r ' - - - - - - - - . - t,)TC,m iur I lie owners or this land. A tract In North Alblna bordering on the Portland boule vard and another on, the Powell Valley road were also out under nniinn i ,. city. .-- . - , several parties might, nominate candi dates at the primary elections,- and when the nominations are made the names of .the candidates nominated oould -be -ar- i hiikru vii urn uhiiul. lur t-jie -. unicioi election in alphabetical order without disclosing the party to which they be long. This would require the voter to exercise the power of selection, and I am sure the result would be mors satis factory and eliminate politics entirely rrom tne judicial department or uie government. , Bank Guaranty Law, i-- .... The question of enacting a law for the protection of tha depositors In state banks has been generally dlscnssed since the panic of one year ago, and nu merous bills will doubtless be up for consideration. p am sure that or tnose presented one can be selected , which will accomplish the purposes , proposed and lot be unjust to those engaged in thej'banklng business by the Imposition of restrictions so severe and -a tax so burdensome as to seriously Interfere wltliVhe conduct of the banking busi ness. Oklahoma has a law on the sub- lect which is said to give general satis faction, and has been Instrumental in attracting a large volume of money from other states. The effect of such a law will be salutary, and will lead to conservatism rather man to reck lessness in the conduct of the banking business, and at the same time protect the depositor and 'mitigate the evils of tne occasional panic... Rejief for Supreme Court. The supreme court as at present con stituted was organized 2h years ago, Since that time the population of the state has more than doubled and the business of the court is more than four times as great as It was when it was organised. Temporary relief was frranted at the last session of the Iegis ature by the creation of a commission. and that commission will soon expire by limitation unless the law providing uiereror is reenactea bv tne present legislature. There are two ways to re lieve the court of the work which it Is Impossible for' three Justices -to per form: First, bv the addition of new justices; second, by the creation of a commission. The best way. because it is the direct and honest way to- no, is to provide by law for the addition of at least two new justices. Can this oe done? No rule Is more clearly established than that a constitution of a state is a limitation and not a grant of power, from which it follows that a legislature may enact any law not. expressly or im pliedly inhibited by the constitution. The question, then, with which you are confronted In determining whether you have the power to add more Justices to the supreme court must be tested by this rule. In respect to which It is necessary to Its solution only to deter mine whether the. constitution of this state limits the number of Justices to constitute the supreme court, and if so, toi'what number. -This question has been looked into by many of the prominent lawyers through out the state and thus far practically all who have fully investigated the sub ject agree that it is within the power of the legislature to create the number of justices, so long as the number does not exceed seven. But very few, after a 'full consideration, are inclined to doubt the constitutionality of a measure Increasing the number of justices, and their views appear to be based upon the construction1 to be given section 10 of article VII of our constitution, which provides for the election of supreme and circuit court judges in district classes, and manifestly overlooking sec tion 2 of the same article. To confine the investigation to section 2 Is to vio late the rule of construction that the entire constitution must be construed together, and that when two construc tions are possible, one of which raises a conflict or takes away the meaning of any section or word, and tho other does not. the interpretation must be given which will harmonize and give effect to the whole. Section 2 of article VI T Is as follows: "The supreme court shall consist of four Justices to be chosen In districts by electors thereof, who shall be citl sens of the I'nlted States, and who shall have resided in the state at least three years next preceding their election, and OLD SALARIES FOR DECEMBER Although the salaries of Portland school teachers have been raised tney will not notice it next Thursday when they draw their pay for tho month of December. Chairman Fleischner, of the finance committee of the "school board, expressed the opinion at a session of the board yesterday that the Increase should take effect Immediately, but Director Wittenberg thought to pay the December salary roll under the new schedule would make It retroactive. The ouectlon was not decided as sev eral members of the board were absent. leaving no quorum. The old schedule will be pnld Thursday snd the board at Its next meeting may decide to grant tne increase Deginning with tne last month. If this is done the amount will be sdded to the January pay of the teachers. Chairman Fleischner will rearrange the schedule at the suggestion of Mr. Wittenberg so that the teachers younger In. service will receive a minimum sal ary of $720 a year, and the maximum salaries of high school teachers will be $2600 instead of 12700. A new theory of the cause of the bright rays emanating from some of the lunar craters, advanced by a member st a recent meeting of the Royal Astro nomical society of Ixndon. was that they are caused by salt efflorescence. MI-O-NA RELIEVES STOMACH MISERY ALMOST IMMEDIATELY If the food you ste at your last meal did not digest, but laid for a long time like lead on your stomach, then you havelndlgestion and quick action should De taicsn. Of course there are many other symp toms of Indigestion, such as belching un of sour food, heartburn, dizziness, short ness of breath and roul breath, and ir you have any or them, your stomach is out of order snd should be corrected. Mi-o-na tablets hare cured thousands of cases of Indigestion and stomach trouble. If you have any stomach dis tress, Ml-o-na will relieve instantly. But Ml-o-na unlike most so called dys pepsia remedies, dos more thsn. relieve; t permanently cures , dvsneDsia or anv stomach trouble by putting energy and strength Into the walls of the stomach, where the gastric Juices are produced. . A large box of Ml-o-na tablets costs bnt SO cents st Woodard. Clerks & Co.'s. snd are guaranteed to cure or money oacK. when otners rsn, Ml-o-na cures. It is a producer of flesh when the body Is thin; It cleanses the stomach and bowels: purifies the, blood and makes rich red blood. v A h CURES CATARRH ASTHMA, Broucluu, Croup, Cough, aod Colds, of money back. Sold and (tiarmnteed by . .Woodard,. Clarke ft Co. J . TO after' tbelr election to reside in their re spective districts. The number of jus tices, or districts may be increased, but shall not exceed five until the whole population of the state shall amount to 100,000 and shall -never exceed seven; and the boundaries of districts may be changed, but no change of districts shall have the effect to remove a judge from office, or require him to change his residence without his consent." ' Section 10 of article VII is as follows: - "When the white population of the State shall amount to 200,000 the legis lative assembly may provide for the election of supreme and circuit judges in distinct classes, one of which classes shall consist of three justices of the su preme court, who shall not perform circuit-duty, and the other class shall con sist of the necessary number of cir cuit court, judges who shall hold full ter"ms without allotment and who shall take the same oath as the supreme judges.", It seems to me ttuit construing these two sections together It clearly provides that the minimum number of Justices shall be three, and that the most fa vorable construction possible i anv limitation is that the number slia'i never exceed seven. To limit the number to three would be to disregard entirely the words "shall never exceed fceven." It would be as logical iu sav the word "three" should be modlfU"; by the words "not less than three," and have It read that the number of jus tices shall never be less than three, as to hold that It was intended to be quali- iiea Dy tne woras "ana no more, maK Ing it read shall "consist of three Jus tices and no more." It will be observed from the first sec tion quoted, with other sections of the constitution, that four justices 1 were first Provided for. and that the number. with the districts,, from which they were to oe eiectea untu, tne population reached 100.000. were limited to five. and that after the population exceeded 100.000. should never exceed seven. It is this section that creates the office of justice of the supreme court and pro vides what the limit should be after the state grew, to exceed the population there f-peclfied. Further provision Is made bv section 8 of article VII for the Justices perform ing circuit duty. The words "shall never exceed seven" could not have been in tended to llmtt the number of circuit Judges, for under that section they were not to be termed 'circuit Judges,' but were to be Justices of the supreme court. and section 10 -provides for a distinct class (or gives the legislature the power so to provide) and thetime when circuit Judges shall appear and be recog nized as such, and that they shall con sist of such number as may be neces sary, i nere was no occasion In that section for placing a limit upon the number of Justices to constitute the supreme court, for that was done by section 2, where that office was cre ated. -The material parts of section 2 bearing on this feature, omitting in cidental provisions, reads: "The su preme court shall consist of four Jus tices the number of Justices may be increased and shall never exceed seven." Section ' 10 was not creating a supreme court, hence the rules of construction relative to limiting the number to the number specified can not apply. This, court was created by section 2. and only the circuit court was authorized to be created by section 10, and tlifl power given the legislature to segregate, the two courts and liivid. them into classes. It only authorized the legislature to act In the matter and to provide for the division Into these two classes. -In order, therefore, that both sections may stand, it must be held that it was intended that the mini mum should be three and the maxi mum as provided iu section 2. This would in effect, leave it as the court stood when the four Justices performed circuit duty, for when a case was ap pealed the trial judge did not sit In the case appealed, leaving three lustices to sil. arid hear the appeal. When, there fore, section 10 came Into effect by roason of the populutlon reaching 200.' 000. it was intended that the number of Justices should not be reduced below the number formerly sitting in all cases, hence specified that It shall consist of three, which, with the other limitation of "shall never exceed seven," was and Is dear. The necessity of changing ths minimum from four to three is mani LOSE THEIR JOBS This the End of the Feud in Bellingham State Normal School. (United Prna -virc.t Bellingham, Wash., Jan. 12. As the outcomeof the political storm that has been raging at the Bellingham state nor mal school for the past month. Principal B T. Mathes, against whom the fight has been waged, has Pome off victor, and Professor James B. O'Sullivan, teacher of history, and Professor James Rfnno Latin and German, have been asked to sever tnelr connection with the Institu tion. The climax of the fight was reached at 2:30 o'clock Sunday mnrnlnr Tho board of control of the school went Into session Saturday afternoon st 2 o'clock and with the exception of half an hour tasen ror lunch, was In session until 1:30 o'clock the next morning. The re sult of the meeting is told in the fol lowing resolution adopted by the board: "Resolved. That after a full investi gation of the published reports deroga tory to the Bellingham state normal school and to Dr. R. T. Mathes, we find that the full responsibility for the. arti cle In the Herald. January 6, and the Inspiration of other recent publications, rests upon Professors O'Sullivan snd Stone. "We further find that such articles had no Just foundation, that the school Is in a high state of efficiency, better equipped and with a larger number of high grade students than ever before, and that no member of the faculty ex cepting the two above named believe conditions warrant the attacks made, or desire Dr. Mathes' removal. "After examining it witnesses. In cluding every member of the faculty but one. who Is absent -from the'cltv, we find that Dr. Mathes has been courteous, kind and generous to the faculty and students and Is in close touch with the work of the institution. "The course of study is as prescribed Never Fails to Restore Gray Hair to Its Natural Color and Beantv. No matter how Ions- itha Kjwm. ... or iaaca. arrDtnrxes a luxuriant growta of healthy hair. Stops iu falling out, and positively removes Dan droll. Keeps hairaoft and glossy. Re fuse all substitutes. 2 times i much In $100 as 50c size. Is Not a Dye. . j - . . SI sad 50c bottles,! draaolsts Scad k for frss book -Ths Cars ol the Hair. foue Bay Spec. C., Newark, K. J. , Hay Prftea. Soapcsree Kmp f4, rough aa4 chrw bands, asd all skis dkt- Keep skia 6ns aint soft. Jic. dmrnati. Cms 2c far (res took ThsCara IU i,kia. U OOUARD. CLAKKB A CO, JIT ES' CRITICS n r n fest, and when construed with the other provisions of the article of the consti tution of which it is a part, is only sus ceptible of the construction that it was not intended as a limitation upon the 'number to constitute our highest court. As stated by the late Justice Hal ley, in a brief prepared on the sub ject after his. service on the bench and but , few months before his demise. "The object for which the constitution was enacted was to secure a govern ment, and one of the departments of that government is the Judicial, and the supreme court of the Judicial de partment. And it was and Is the pur pose . of the constitution that each de partment should be efficient and able to perform the duties devolving upon It. To say that the framers of our constitution intended to Mmit forever the number of Justices of the supreme court to three is to '-place a vcrv low estimate. Indeed, upon their intelligence, and to condemn largely their opinions as to the future prospects and develop ment of this now great state. "The judicial department of our state was organized for the purpose of fur thering the Interests of government by performing Its ordinary Judicial func tions in the - disposition of litigation, and it was unquestionably Intended by the makers or the consltutlon to so or ganise that department that it would meet tne ends ana oDjects ror wnicn it was organized. To say that the framers of our constitution Intended that three men should for all time do all the work which necessarily devolves upon the supreme court of a .great and growing state Is; It seenis to me, a very narrow and uncharitable' view to take of the wisdom of the founders of this state. It stems to me rather that the broader, better and more charitable and more logical view is that they Intended to provide, and did provide in effect, for a court which should be of not less than a certain number nor more thifti a cer tain number, in order that whatever vol ume of business might come to that court it could be readily increased to a sufficient number for the proper per formance of its functions." It has been suggested that since a proposed amendment, having for its pur pose, amorfg other things, the increase of the number of justices, was voted down at, the last election, .further action in that direction would be ill-advised. This objection, however, Is without founda tion, for the reason that it Is difficult to ascertain the cause of its defeat. It pro vided for other changes, principal among which was Included a probable change in the entire judicial system, Including the circuit and county Judiciary, which change met with strong opposition throughout the state. Another feature wh'lch aroused strong opposition among the electors who favor direct , legisla tion was that the amendment proposed to give the legislature the exclusive power to Increase or decrease the membership of the supreme court at Its will, depriv ing the people of any right in the re spect through the Initiative and referen dum system of law making In the state No active and affirmative effort was i made to secure its adoption, while the combined opposition made its adoption with these various riders Impossible. It Is also probable that it was assumed that the legislature, or the people through the Initiative, could Increase the supreme court to meet the greatly In creased demands before it, without a con stitutional amendment for the purpose, and, rather than to accept all the pro posed changes, preferred to leave this matter to another effort In that direc tion, either through the legislature or by direct vote on the subject. If you differ from me In reference to your power to provide for additional jus tices.' then the law under which the present temporary commission is acting ought to be reenacted for another term. The refusal to grant the supreme court relief, in one or the other of the two ways suggested, is a virtual denial of Justice to all wlio are unfortunate enough to be Involved in litigation. I submit this whole matter to you for your very careful consideration. Experiment Station. Some time ago the citizens of 'ma tilla county undertook to have the recla mation branch of the interior depart ment establish an experiment and dem onstration farm at some point on the MAN WHO OPERATES WASHINGTON "RUBBERNECK" WAGONS IN CITY Ever been to Washington, D. C.T If you have, you no doubt saw numerous "rubberneck" wagons and perchance you rode on one of them. If you have never been in Washington, you have seen p'ctures of these cars and know what they are, anyway. The "rubber neck" wagons of 'Washington full of sightseers seeing the sights are one of tne sights or tne nation s capital. Sam Gassenhelmer, who runs the "rubberneck" system In Washington, is in Portland today "rubbernecking," himself. He is accompanied by Mrs. Gassenhelmer. They are at the Hotel Portland. Kveryone in Washington knows Sam Gassenhelmer. He is almost as well known as the Washington monument. And everyone calls him Sam. His real name is Samuel. But -no one ever ad dresses him as Samuel, and as Mr. Gas senhelmer signs his checks with the one Initial of his given name, hardly a soul in the world would know his name was Samuel unless unless, well, unless everyone didn't call him Sam. Sam's that Is. Mr. Gassenhelmer's "rubberneck" route covers all points of Interest In Washington, including the rapitol, the White House, and your plrture taken In Pennsylvania avenue with a reI I nited States senator or a represenlstivo or someone higher pos sibly, ss a background. Sometimes, In summer when the tourist season is at i(s height, these twagon which carry by the state board of higher education and is gooil. "In view of these facts, we request the resignation of Professors O'Sulli van and Stone, to take effect within 30 days, and meanwhile thev are suspend ed from all teaching functions and are directed to turn In all records to the principal forthwith." SEATTLE CHURCHES FIGHT SUNDAY SHOWS tCntted Press LrMed Wire.) Seattle. Wash.. Jan. 12. The church Interests of Seattle have again declared war on Sunday amusements. The war- rare is to oe a strong and concerted movement on the nart of nil th cnurcnea or tne city. On a Sunday, probably January Ji. petitions will h circulated In each of the churches to be signed by the entire attending con gregation If possible. These petitions will then be Isld before Mayor Miller urging him to enforce the Sunday clos ing law. The ministers aim aspeclaily at the vaudeville shows but no dis crimination will be made. North Carolina Masons. (United Press Leases Wlr. Raleigh. N. C.., Jan. 18 The North Carolina Grand Lodge of Masons began its annual meeting in Raleigh todav and will remain , liv session until Saturday, 'he dedication of the new Grand lode Masonic temple is to take place tomor row, when It Is expected the attendance of Masons of high degree will be the largest in the history of ths fraternity in North Carolina. Hill to Address Farmers. CTJalte Pr-s Lsu-d Wfcr-.t UtnAUAnll. Ulna. . I -n f ,la.n laanaa T 11 1 1 ,1. . . ... . , ern railroad has accepted an Invitation to sddress the annual meeting of the State Agricultural society, which began a three days' f session In this city to- AV innth, a a ah-at. " I will be Professor John Gray of the de- i.i nut-in vi mminiiici oc in . Diver sity of Minnesota. Umattlla Irrigation project, and finally, after the matter was again taken up by President W. J. Kerr of the Oregon agri cultural station, the secretary of the interior, following out the suggestion of President Kerr for cooperation, agreed upon this plan. On the 21st day of November, 1908, the secretary wrote President Kerr that he had author ized the use of $3500 of the reclamation fund for providing permanent improve ments ana equipment for a demonstrat ion farm on the project mentioned, and had directed that the preparation of the farm be undertaken and carried to com pletion as soon as possible. This ac tion, however, he announced, was taken by him with the understanding that an earnest effort would be made to secure authority and funds from the legislature to maintain and operate this demonstra tion farm in the interest of settlers. The Importance of this work will be better appreciated when It is remem bered' that there are thousands of homes being established on Irrigated lands by settlers who know nothing of irrigation or the possibilities of the land upon which water has been placed. Most of the lands embraced within the several irrigation projects, whether un der federal or private construction, are of the same character and governed; bj4 the same conditions, and experimental farming on the Umatilla project will serve as an' object lesson for other dis tricts. 1 submit the matter for your con sideration, and trust the legislature will not let this opportunity pass for cooperative work with the federal rec lamation service. Willamette Locks. ' The legislature at Its last session ap propriated 300,000 to assist the United States in acquiring by purchase or oth erwise, a canal and locks at the falls of the Willamette. It was provided, however, that within three years the United States was to appropriate a like sum, and upon failure so to do the ap- SroprtatloM made by the state was to e and become a part of the general fund. In other words, the purpose of the act was to fall. As yel congress has done nothing. The present canal uud locks are owned by a private cor poration, vested by law with the power of levying a tax of not to exceed 50 cents a ton upon every pound of freight In either direction, and 10 cents for each passenger carried, passing through the locks. This rate fixed by law establishes as well the rail as the water rate, and Im poses n enormous burden upon the producers and consumers of the whole Willamette valley directly, and Indi rectly largely upon those of the whole state. Whether the United States com plies with the act or .pot (and the pros pects for compliance are not flattering), the legislature should continue It In force, and a fund ought to be accumu lated sufficient to enable the state to proceed Independently If necessary, The canal and locks ought to be owned and operated free of charge by the Unit ed States: but If congress declines to act, they should be owned and operated ny 'tne state, ana mis unjust burden removed from the enterprise and indus try of the people. Private Insane Asylums. There are a number of private Insti tutions In this state for the reception, care and- treatment of the insane. Many persons of all ages, sexes, and condi tions are now confined therein, and the number Is Increasing each year In pro portion to the Increase in the state's population. They should be compelled to submit, by proper enactment, to vis itation and investigation by some public vtsitorlal board, and required to report at regulur intervals to such board as fully and as completely as do the Insti tutions understate control. I do not mean to charge that there are any Ir regularities or cruelties practiced in any of these private asylums. It is to guard against such things that this suggestion is made, for under present conditions it Is possible to confine a patient In one of these establishments and to keep him there for all time, or as lonf&a some interested party may be willlngKto pay. ,jut so sure as legisla tion along these lines is not enacted, there will come a time when the state will be scandalized by stories of bru-1 40 or 50 persons and are propelled by electricity, run at night and show the sightseers Washington Illuminated, a scene which fascinates the tourist and reminds him of a fairy tale and makes some of them think, "I just don't care what Becomes of me now." But Sam that Is. Mr. Gassenhelmer has nothing to do with the picture taking, the lights at night or sny of the thoughts of the tourists. He just owns the machines which carry the peo ple which travel the streets and all of which are equipped with "spielers" who would point' you out as you Walk along the thoroughfare point you out, that is. If you were a cabinet member, a president, a senator, or some other of the high personages for which Washington is noted. Sam says he likes "rubbernecking" Imihensely. Says if he didn't have those wagons in Washington which are bringing in a four bit piece now and then, he might be induced to locate out here., Mr. Gasaenheimer was at one time In the hotel business tn Washington. This, however, was before the "rubber neck" wagon was even thought of. H. C. Bowers, manager of the Portland, formerly lived In Washington. Until yesterday Mr. Gassenhelmer and Mr Bowers hadn't seen each other for 25 years. Sum SAVs If he hail Mount WnnH n-ar Washington and could cage It up he could get perhaps another two bit piece out of every tourist ' who tackles the rubberneck" game. tnt Sam v ha, will not mrtve Mount Hood, because because, well, just because. i FROM NEW YORK WORLD. APRIL, 8. ;08) LAST. THO MONTHS ENJOYED , LIHIIO FOR FIRSI HUE The following statement was made by Mr. 8. J. Simpson on Thursday af ternoon in connection with the Cooper preparations, which have created a sen sation throughout the west and now be ing widely discussed in New York. Mr. Simpson, who lives at No. 97$ President street, Brooklyn, said: "According to my experience, this man Cooper Is justified In his claims that his medicine will actually put the stomach In good condition. I "have had chronic stomach trouble for several years past. My stomach seemed to give out completely in Augtret. 1906. and t have been able to eat next to nothing since. - "I have not taken tha -lio-hto.t an. joymentr'tn living, I have been eo de pressed' bv my condition. Neither nhv. siclans nor medicine helped, .me, and it was only by the most careful diet that I was able to retain sny food whatever. For the psst seven months I hare not eaten a psrticle of meat. In the most skeptical frame of- mind possible I called to see Mr. Cooper about two months ayo, while he wss ha Brooklyn. I had not the smallest hope his medl clae4 would help me, as J had given up hope during the past year. I obtained soma of the medicine and began .Its use. Today I am apparently as well as ever I obtained relief so rapidly that It Is positively wonderful. f am in good spirits, eat heartily, sleep well and am better In every wiy. I ni tallty and of crimes committed within the recesses of some one. or other of, these private Institutions. , Anniversary of Oregon's Admission. Oregon was admitted to "the Union- on. the 14th day of February. 1859. The Oregon Historical society has fcr some time been making arrangements fot' : suitably celebrating the fiftieth anni versary of this important event, and as the day occurs On Sunday this year, the. day before will probably be selected for th proper observance.' i The pre-., limiuaiy arrangements have doubtless been made, but it is proper that the. state be represented In whatever is done, and to that end I recommend that a committee from the senate and house -be appointed to cooperate with the Ore gon Historical society In making the occasion a noteworthy one. and that tin appropriation be inad sufficient- to 'da- ' fray the expenses Incident thereto, ' ; ; Lincoln's Birthday. . ' r Many states have ena ted laws making v February 12 a legal holiday In honor sf tho birthday of the Immortal Abraham Liincoin. uregon ought not to be th ; last stale to do honor to "one of the few Immortal names thai were not lwm to die." I suggest that the day be added to the list of those now nhaprvcH as legal holidays. . . ' Tuberculosis. The world Is coming to understand that while tuberculosis Is one of the greatest scourges of the human race, yet that it is a preventable disease, and ' In a large percentage of cases curable if taken in time and properly treated. The legislatures of many of the states have passed laws having for their object the prevention of the spread of the disease and appropriating money to establish , sanatarla where It can be properly treat ed. Oregon has done nothing, and mess- " ures ought to be passed at this session having for their object the comprehen sive and effective treatment, prevention and control of the disease. Proportional Representation. At the last general election, section IS of article 11 of the constitution was 5 amended so as to read as follows: "flvctlon 18. In all elections author- ; Ized by this constitution until otherwise provided by law. the person or persons . receiving the highest number of votes shall be declared elected, but provision may be made by law for elections by ' equal proportional representation of all the voters for every office Which Is filled by the election of two pr more persons.. Whose official duties, rights and powers are equal and concurrent. Everv qualified elector resident in his precinct and registered as may be required by law , may vote for one person under tha title for each office. Provision may be made by law for the voter's direct or indirect expression of his first, second or addi tional choices among the candidates for any office. For an office which is filled by the election of one person it may be quired by law that the person elected shall be the final choice of a msjorltr of the electors voting for candidates for that office. These principles may be applied by law to nominations br polit ical parties and organisations.' I. call your attention .to this constltu-. tlonal amendment because legislation is necessary, In my opinion, to make tha . same effective In so far as proportional representation Is concerned. Conclusion. In -conclusion, gentlemen, permit ma i to express the hope that you may ap proach the duties incumbent on you in a spirit of compromise and patriotism. All legislation is the result of compromise, because men are so constituted bv na tuA as to differ sometimes essentially on questions that vitally affect the pub lic welfare. Upon one thing we are all agreed, we love this magnificent com- , monwealtlr and Js Institutions, and how ever much we may differ on non-essentials,' we are agreed that we only want to do these things which will be pro ductive of the greatest good for tha greatest number, - - - - I promise you . that I wllliwlth tha help of him who doeth all things Well, assist you as best I can tn the discharge of our mutual obligations to the people 1 of the state, whose servants we all are. bull nuismicf Champ Clark Says. Moreover ft Should Be Abol: 1 ished. (Valtsd Press Leued Wirt Washington, Jan. 12. The society wih men of the capital are doing politics on their own account to persuade, hus bands and fathers to accede to ths re quest of a local committee that the pension halt of the government be used as a ballroom on the night of tha In auguration of Tart. Congress has re fused to allow the pension hall to ba used, by a. vote of 68 to J In the house. Champ Clark of Missouri went so far as to Incur the wrath of tha ladles hv t- claring that the ball was not a part of inn inaugural ceremonies, was s nui sance and should be abolished. Other legislators favor the use of the hall of the house, following an old custom. It is possible a compromise may be reached by using ths hall of the national museum. Kock Springs Coal The beat cost ni4 tha n--i,- t it. erty Coal & Ice Co., agents. Offles"' Z5 North Fourteenth street Mn 1663, A-S136. convinced that the success this . man Is having In New York is richly de served. ' -In a short Interview Mr. Cooper said Hi have been, in New York a little less than two months. Ka fur i Judge there ere now about 50.000 peonl taking my preparations. Before I l-ve there will be not lees than 100,000 na the number la' inoreasing very ran Id u snd people are just beginning to i.-arn what my preparation does. I to fully prove before I leave New V oi It the claim I made when I arrival, nam ly that stomach trouble is tha gr-at 1 tne "th "tury among hlMv civilised races and thst it U responsible for 90 per cent of .all 111 health , My. mediclne doe nothing but reirn. lata -the. stomach,, yet I hv Wi,i-'y- nd tell m. tint it ailments not generally recoKniz,ri due to stomach troublef rn,1'u. -.7I-.U eas5r noS o verify ih'i statement. An hour spent In iie,ii, to what people who call t.- , saying, who obtained mv medicine L doubt'v 1 I,rove wh,t 1 ""' Cooper's New Discovery Is tha t dne which made wu.'h a wond-rf I fr ordain N-w York. It la ,n - leading druggist -every her -,,.) your drugiit not hr- it r. . , ' t ooper iiwilcln comexnt. I ,' i , Ohio. CALLS IHA Gf AL I