HE JOURNAL
.Publinber
nine cxfpt FundsT)
id at Tlie Journal BaiM-
1. j. riuii aud Vanillin atreeta. Portland. Or.
r.ntrrci at th jxsnioffice at 1'ortUnd. Or., ft
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TELEPHONES Main TITS; Horn. A-0B1.
All department rearl-ed by - th numbera.
lt-a tb operator what department yon wnt.
tORKIGN ADVERTISING REPRESKNTATIVH,
tValamln Kentnor Co., BnruawlHt Bullalnit.
25 Hfta areou.. Ketr York; NWT-08 Bojee
boildlnt, .Cblcaca, ' - - '
Riibrrrlptlon Term br mull Br edareia
Id tie United State. Caaad or Mxicl
DAILY. "
On year.. ...... $5.00 I On moots...,....' .60
BUNDAT. - ' '
Ob rar.....,..f2.S0 1 On month -S3
, UAILV AND. SUNDAY.
Oo rear....... .17.80 One mocth.. ....... I .8
Flinch not. neither glva up nor
, despair. If the achievement of
! every act 1 in " accordance with .
right principle Is not always
contlnuoua with theer-Marcua
Aurelius,
NO COMPROMISE
T' HE DIRECT, primary , is bigger
than any man or any thousand
men.. It Is bigger than any
party or any party nominee. It
and the-other measures of which it
; Is the type mean more to Oregon
: people than the success of any party,
any party candidate or any thou
sand party candidates. . ,
. For years, in season-and out, The
1 'Journal nas defended the principle
of the direct primary. Statement One
and other progressive measures. Its
only reward for doing, so is the
known good that .will inure to Ore
gon and Oregon people through
';. preservation of these measures. 1 It
' has literally nothing to gain' by the
' course, except indirectly through the
fact that whatever benefits Oregon
: and Oregon people In a round about
way benefits The Journal.
Its test In larg part of the fit-
',. ness of men for xf flee has been, on
the basis of whether or not they were
loyal .to Oregon's popular measures.
: It has fought for Republicans and
is still fighting for Republicans who
- are tried and true' In- their fidelity
to this principle. The struggle that
' has been is now and will continue
,to be 0 In Oregon has been truth
fully described by D. J, Malarkey,
' John' P. Logan and many other of
the recent primary campaign speak'
t ers as the most Important struggle
In' Oregon since the Civil war. The
Journal so regards it, so asserts It
to be, and on such a theory la fight-
' ing this campaign. '
. ' Some of those for whom The Jour
'nal recently fought have so changed
their, attitude as to now. 6tand for
- things that they did not stand for
when The Journal was struggling
elde by .side with them, It. is re
' f erred to here more in Borrow than
la anger, more in regret than In
. condemnation., The regret is that
in a fight, that they themselves In
eisted to, be., the most important In
BO years, they have by their new at
titude placed pary above principle,
' placed man above measures and' put
place hunting above . public obliga
tions to the commonwealth of Ore-
..'.','gon,; - ' ' . ,.
Tho Journal cannot, on any pre-
. text, and will not support any can
'dldate who is a product of a dele
gated party assembly, held In viola
tion of law, in violation of good poV
Icy, and in spite of the fact that the'
legislature refused by the rejection
of Mr, Bowerman's Mariner 'bill to
make assemblies lawful. The assem
bly was - and is - an organized on
. slaught on the very principle and
policies for which The Journal and
its lata allies .recently straggled to
gether.' It will not support Mr Bow
erman, the product; the master, the
organizer and the high priest at as-
' eemblyism. Even though one, or
two, or many or all of its late allies
s shift their positions and fly to the
support of the chief of, assembly
Ism, The Journal will not do so be
cause it is Infidelity to the people of
Oregon to compromise measures for
men, or to abandon principle for par-
' tisanship.' ' ",
f'Vi'.-fcV-:'"'-'' ? 1 1 BMaWiisaimaWaBeasjB.e. s. .'
FOREST LOSSES
. ; 4 ' LLtJDING to the recent terrible
A forest fires in Minnesota, Gov-
h ernor Eberhart is quoted as
. saying: ....
'The loss sustained lnthe present
disaster is more than enough to have
insured proper fire protection to the
entire state of Minnesota for the
next ; ''.,15 ..'years,", ...
... Presuraablybe, does. not exagr
ate at ajh And;bep1de the tremen
dous property Iobs, think of the aw
ful loss of life,' '
It wOl pay to, guard and. protect
forests,- more and more. Oregon
should look to this, and should make
the great timber owners do their
share, as indeed, in their. own Inter
est, they should be willing to do.
: SENSELESS OPPOSITIOX
-HE OPPOSITION of the Oregonr
Iian to the' acquisition ot pub
lic dockB by this city was ex
pected. . Its Judgment Is final
In t everything. . It ia of no conse
quence that after an -Exhaustive
study the congressional committee,
headed by ' Senator Burton, in con
nection with the improvement of irlv
.era and . harbors, found that- some
provision must he made, for termin
als and dock facilities, if the im
provements of rivers were to be re
sultful; that' substantially, the, entire
engineers corpa of the United States
rrr.y takes the same position; that
Admlral Evans, General Marshall and
'f vor public docks and. V facilities;
1 i. Now Tork, Baltimore, New Or-
nrs nd-'the coast cities of Texas
DO WE WANT HARRIMAN'S MAN?
' T IS THE habit of men caught
I with the goods on to charge guilt
I to somebody else. Tbat is the
way they seek to defend them
selves. Iu his eastern Oregon speeches As
semblylte Bowerman has been fool
ishly trying to make Oswald West
appear, in some round about way,
as favoring the railroads. Mr. Bow-,
erman is very foolish to have raised
such an issue. He was already heav
ily enough burdened with his assem
blylte nomination and his record as
a flopper. ,
Mr. Bowerman Is a corporatlonlst
and a corporation candidate. - If he
should be elected governor,, the Har
riman railroads, would be In control
of, the governor's office. Mr. Bowej
man has been for years an attorney
of the Harrlrdafl railroads. For years,
he has ridden on a pass over the Har
riman lines, and It is only employes,
officials or attorneys of the railroads
that are allowed by law to ride over
the lines on a pass. ,
The records of the Oregon courts
tell the story of Mr.' Bowerman as a
Harriman attorney..;; It was Mr. Bow?
erman as such ran attorney, that
brought the injunction suit to stop
Jamei Ji Hill from building a line"
through, the Deschutes canyon' Into
central Oregon. Mr. Harriman would
riot himself build Into central "Ore
gon,, and as Mr, Harriman's", attor
ney, Mr: Bowerman did all he could
to .help.. MrV Harriman . prevent- Mr.
Jlill from building Into eastern Ore
gon,,; Residing as he did In eastern
Oregon, and knowing as he did the
needs of eastern and central Oregon
for railroads, wly did Mr. Bowerman
do all he could to help Mr. Harriman
prevent ..any ..rjllroad from being
built into that long-neglected part of
Oregon? Was Mr,: Harrinjan'a money
and Mr. Harriman's policy of no rail
1 oad for eastern and central Oregon
more to Mr. Bowerman than the
Seds of the people' of that region?
i a citizen of eastern Oregon, why
did not Mr. Bowerman throw his
strength and his energies, in favor; of
a railroad into his own rallroadless
eonntryt In the face of such a rec
ord how fopllsh and'-fatat for him
to" raise the corporation Issue;-; r i
What Is worse, secret conferences
were held In Portland as preliminary
to the meeting of the .assembly in
which Mr. Bowerman gave himself
the nomination for -governor. Who
attended those v conferences and
where were they held? Let the Ore-
ronian answer. The Monday after
the primaries, it; said: "The secret
meeting In the offices of ft local cor
poratlon for the preparation of 1
elate was a gross blunder." Mark
the words:: "The secret meeting in
the offices of a local corporation fot
the preparation of a Blate was a gross
blunder."-" V " '
: That these secret conferences were
held "for "preparation of. .a slate,'
and that they were held "In the of
flees of a local corporation,", Is not
only the accusatldn of The Journal
but .the confession of the Portland
Oregon! an, now supporting V Bower
man. Who attended these confer
ences, and why were they held? Big
and every other; city on the Pacific
coast have,, or are making provision
to acquire ' waterfront 'land'. provide
modern"" 'and " public facilities for
handllng'ttrjaffle 7,4'
- In spite- of Commissioner Knox
Smith's report which, by. the way,
the Oregonian.dld not publish), giv
ing illustration after, illustration of
the fact that -whererer possible the
railroads are acquiring all the .water
front to prevent competition, and
even going so far as to refuse to
lease ground not needed by the rail
roads, for dock purposes; .in spite
of ..the fact that the trustees of the
chamber of commerce of this city
are .unanimously in favor of public I
docks, that the Federated Trades and
(be . .Taxpayers' league, In conjunc
tion with the chamber,; have for
three years been endeavoring to "se
cure action upon this subject, in
epite of all this, we find "the pre
gonlan opposing it It seems to pre
fer dbeks like the Oceanic and Pa
cific Coast elevator which are "free"
and "independent of railroad permls-
slon or Interference" to care ' forK, mucn attention. Magazines, daily
Portland's commerce. This Beems in
be the type of independent docks it
approves. If It had the power, it
would turn over to the Harriman
system the entire waterfront of San
Francisco.' It 'would oppose Oak
land's long struggle to recover its
stolen patrimony. It' assumes "that
the business-men and shipping In
terests of Oakland do not know how
heavily burdened they are by dock
charges and other exactions; know
nothing about; , shipping and com
merce, and do not understand that
through the railroad ownership and
operation1 of their dock system and
,the commercial" development of their
city Is being retarded It W strange,
however, that no' newspaper or citi
zen of that city has yet discovered
the handicap the public ownership of
their docks would place them under.
":, ;4The Qregbnian harps continually
upon shipments of wheat and lum
ber, as though these products were
all that Portland expected to deal
with.' It knows ,-that the; rates to
the Pacific coast are fixed and. eon
trolled even now,' and will be more
in the future, by water competition.
It knows that, the inability - to care
for this 'commerce at the terminals
will practfcally nullify the benefit of
water"; competition. It knows that
the sea and the; waterways are the
only competitors of the railroads. , It
knows that without proper terminal
mqde of these competitors. ? . Yet It
"would have our waterfront domi
J natcd by the railroads, so tbat when
V
Bualnes, managing i:u a and big cor
poration , lawyers attended them
along with two or three of Mr. Bow
erman's personal agents. They were
held to parcel out the offices on the
ticket that was to be nominated. If
the conferences were not held to par
cel out the. offices anions the corpor
ations, what in heaven's name were
they held for?
Some of the corporations wauled
and got Judges of the supreme court
If you do not believe It, find the
record of his speech at the assem
bly, rajly in the Armory and read the
confessions of G. W, Stanton, who
told about 'the meeting of Big Busi
ness lawyers la the Fenton building
and said that the, meeting was con
cerned with the selection of judges.
If you still have doubt, read the
speeches of , Henry McGinn daring
the primary campaign:1
In the parcelling, all the corpora
tions got in on the legislative slate.
For ; the governorship, It was Mr.
Bowerman, Harriman attorney, rid
ing over Harriman lines on an em
ploye's pass, and moving heaven and
earth to help Harriman keep a rail
road out of central Oregon, that was
selected. '-,.''
' What obligations are the people of
Oregon under to. the Harriman lines,
that they should, elect" a Harriman
?man to the governorship?, , Do .the
people want the affairs of the state
administered from the offices of the
Harriman railroads or by a people's
governor in the" statehouse? ' : - 7
;. Finally, as a clinching fact in this
Indictment, of Mr. Bowerman as the
1
candidate of the corporatlonlsts, an
Indictment brought on by Bower
man's absurd ' attacks , on .Oswald
West, let it be remembered that
every Big Business managing man,
every attorney of the liability Insur
ance companies, every 'head of tele
phone and express Corporations, ev
ery representative or : attorney tor
Standard Oil every brlgadleruf pub
lic sevlce corporations, and every
gabber of franchises, past, present
or prospective, was a live wire In
Mr. Bowerman's assembly. V Every
one of them was and Is an assem
blyite and an assembly bcoster, just
as Mr. Bowerman , Is "secretly until
election and openly after it, an as
semblyite and an assembly booster.
Every one of them in the state was
and is for the assembly, and not one
of them In the state was or Is against
the assembly. , -'
When Bowerman attacks West,' It
Is simply a case of the man caught
with the goods on trying to hide
his own guilt by charging it to an-,
other. He has tried, "without doing
iC to. make the voters believe that
he has flopped out of the assembly,
a6d he is trying now to flop away
from the very men who gave him
. , 4,.:tl' .. ,
uio uwujiunnyu, wo w ,. utt
gave him comfort and sustenance in
his candidacy. If he Eoes.back on
alL those who have been aiding hinw
-,tn 11-
nuov m fie uv uut .iiiy iiiuiq aiub
and. go back on -the people if they
elect him governor? If h. helped
Harriman ; keep ; a railroad , out of
central Oregon, he win be Just as
sure to do business for the Harri
man lines in the statehouse at Salem.
the Panama canal.ls finished steam
ers would find only docks "like toe
Oceanic and. Pacific Coast Elevator
to land at, Independent of railroad
permission or interference. It closes
Its eyes to the experience of all
other cities and would place this
elty In the position where railroad
domination over rates would be abso.
lute. .
Hdwever, the people wllKhave an
opportunity to pass upon this ques
tion on' November 8 next, - and we
shall then: know whether they are
willing under the lead of the Or
gonlan to bottle themselves up and
trust their future commerce to the
railroads. We doubt If a seaport, a"
city aspiring for leadership, will com
mit commercial suicide evenat the
request of the Oregonian.
BETTER IN OREGOX
T
HE EASTERN prints are devot
ing much space to discussion of
agricultural education. The
subject never before attracted
newspapers .and all, other vehlclea of
public expression carry articles ac
centuating the importance of educa
tion that is preparation for life on
the land.
Many, of the writers lose sight of
a fundamental In such education.
The late.. tendencies are. to .lift the
agricultural colleges, out . of touch
with rural life. The way to serve
those who are on the land Is to keen
close , to thent Jind be in touch Vlth
their activities :ahd aspirations.,
Many, it not most' of the eastern
agricultural colleges have heen lifted
tflf a" position that is out of reach
oil those whom It Is intended to
Bferve. ;s Entrance requirements are
fixed so high that they are beyond
the llmie of time, means and. pur
pose of the' average boy or girl from
the farm. vEight or 10 years of
elementary ...training) and four years
Of high school, before beginning the
college course In agriculture is more
toll on a lifetime than those on the
farm can spare to educative pro
cesses. It Is a mistake to fix the -sphere
of agricultural training bo high. It
Is t'he work of educational faddists
who think more of making their In
stitutions highly educative than prao-i
tically ; educative. They are bent
more on pointing to their curricula
as proof of how exalted are their ln-
El'MlaMltiaa ,1a, making th
tutlons .actually serve the uses and
requirements of those In country
life. ':'''.
Happily, in Oregon, thtre Is a dlf-
forrnt CM' ;:!--;. The fvicuHural
college ia this ft ate has beca kept
peculiarly close to the people. As a
result it has a larger percentage of
students in the agricultural" courses
than any other college of its class
in the country." At graduation last
June more positions wre offered the
graduating class In agrls'alture man
times over than there were grad
uates to fill them. And a' striking
feature of the episode is that many
In the class refused positions alto
gether In order to go back on the
farm and put into practical utility
the information gained in their col
lege courses. ---.' .,- r t
The eastern Institutions could bet
ter serve country life and the pur
poses, for which' the land grant col
leges were liberally endowed by the
federal government by . bringing
their courses of study and their co
lege activities closer to the people.
Agricultural. colleges are not univer
sities,' were never intended to be uni
versities and should not be raised to
the university leveL -
': ., , 1 ;.-'
After being married only - four
days, a 'California woman set fire to
the house In order to burn np her
sleeping bridegroom. ' There are all
sorts of,women,. and some of them
are more or less dangerous. .
Of course Roosevelt could no, re
sist' a trip"' In an aeroplane." He Is
hound to do all that; anybody -else
has done, and more if possible. But
he is email potatoes when It comes
to tbeaarifL ,' , , , i ' "
Letters From tke People
A Veteran's View of the Campaign.
Dallas, Or., Oct 10. -To the Editor
of The j Journal -I wae the;; youngest
soldier in my company in the Civil war.
have always been a Republican ' and
my yountf heart . was aroused to pa
triotism In that" war., t ' s
I have always aken a deep Interest
In national affairs. I have never asked
for fiublto office and never expect to,
but I do deilre to see decent politics
and honest, Upright, law-ahldlng mn In
public office. I .am thoroughly 1 diB
grueted with this Republican campaign
In Oregon. .. . -..
I have stood In . perfSSt awe . and
listened to' the thunderous roar of Ni
agara;! have bathed in the delightful
waters of the Atlantic; I have almost
frozen to death In my bath In the treaclM
erous waters of the Pacific;, but In all
my experience I have never1 seen any
thing so treacherous and boldly-loud as
"The Bunch" that met at Salem ; last
Saturday night "The Bunch" thatmet
and hugged eaoh other and said. i"We
are all alike," which I think is true.
But no law-abiding citlien should have
any use for any of them. .-J.
,No - wonder Abrami was nick -and
Dimtck too 111 to be there. Mr. Hof er
surely drd not feel well as he did not
make a speech. Mr. Malarfcey . surely
had hls-nerve with him to eat nls own
words in advocating the election of as
eembly candidates whom he had de
Inounced before the primary ae violator
of the primary election law of Oregon.
, I have heard Colonel Hoferr Tsading
from the direct primary law, prove to
his audience that. all asaemblyltes were
M - ?LlKJLlVLJ1
tton Uw therefore, I consider that hL
advocacy of their election at this .time
makes him an accessory to the viola-'
Uon of the law,
Did not the assembly do .everything
In its power, to make the primary law
ineffective? and Is not Bowerman the
main wheel In the machine?" Now "the
bunch" aay, ."We have perfect harmony."
But be this' as It may, I know of many
Republicans that are not In favor ,of
harmonizing on this Issue which should
be settled at the November election.
Are we, the peotrte of Oregon, to
have a decent primary law and State
ment No. 1, or shall, we go. back to the
old convention eyetem of corrupt prao-i
tlce? v T. J. CHERRINQTON.
- On Illegal Fishing.
7 Grants Pass, - Or., Oct 8. , , To
the Editor of The Journal An article
In your Issue of October 6, which crit
icised B. T. Mulkey and mYself for,
alleged actions in ; connection with the
enforcement of the game laws,, whloh
undoubtedly comes from the master
game and forest warden, R. 0."prlval
Stevenson. ' : : i .
I never object to Just "criticism, and
this la my first time to resent- publicly
an attack made upon me, but the facts
in the case are so - misrepresented In
the article referred to that I feel It
my duty In justice to Mr. Mulkey and
myself to state the conditions as they
eaist '-;::"' ;-;-v; ":''t' ' :"'
There have been two cases of catch
ing 'trout within . 600 feet of the old
dam across Rogue river Just below the
foot, of Sixth street and It has been
my action In connection with these two
cases that has incurred the displeasure
of Mr. Stevenson and his deputies.
The first case was called to' my at
tention some time ago by Howard Jeter,
one Of Mr. Stevenson's deputies, and at
this time Mr. Jeter had arrested? two
boys, minora,. 'tome 14 or 18: years of
age. and charged tnera witn 1 catenmg
trout -s within eoo reet or a zianway,
When Mr. Jeter presented the case to
me X informed him' that I did not con
elder trout a migratory fish within the
meaning of the statute, and that If they
were migratory' fish and the boys , had
Violated the. law, that they were proper
subjocta of . vre ivniie court ana com a
not bebandled by the criminal courts,
and tfiat Jf he desired to pursue1 the
charge he-should present , the same to
Judge Stephen Jewell, the Judge of the
Juvenile court ? but in bringing euch
cases before the Jttvenlle court -there
are no fines collected, hence Mr. Jeter
would not receive any' fine money from
the case, and he at once rorgot ms outy
and dropped 'the matter. ,
The second case was called to my
attention eeveral day ago by ? Mike
Lang, also one of Mr, Stevenson's dep
utles, and ha stated to me that he had
caught a man catching trout within 800
feet of the old dam and asked me what
we could do. I told him that in such
RfLea we had two things to proverone,
that the fish were 1 caught within 600
feet of a flshway,' and, second, that
the fish caught were migratory fish
and that if he could rurnisn tne evi
dence showing that the fish caught were
migratory fish he would have good
case and we could prosecute. - He then
told me' he would- take the matter up
an d -endeavor - to - seoure the - evidence,
but that was the last time he or any
one connected with the office of .master
ttame and forestry - warden ever , men
tloned the matter to me. Evidently
We: Lang- considered that tt required too
much energy dn his part to secure this
testimony, and he also forgot bis duty
and dropped -the case. ,. .
It Is true 1 have stated to Mr, Steven
d ewveral 9t hta dwtiuties Oistt
did hot .believe that trout ; were a ml
gratory flah wjthin the rheaillng of.th
statute, but this la not saying that
would not prosecute suoh a case should
aKi'ujm Auiiuoii jiiujtcr .iiu .BUiiiuieni
CKsrcs Prcor:d in Personal Injury D:::: C: ::
BUI to Be Passed on
One of the most perplexing sub
jects upon which the, voters of Oregon
are called upon to act next month is
that of employers liability. Involving
the whole question of compensation to
be paid to men Injured In the line of
employment Two measures relating to
this , problem should be considered to-,
gether. one being an initiative bill limits
lng the fellow servant and contributory
negligence rules, which la proposed by
tate federation of labor, and the other
an initiative . bill providing for the ap
pointment of a commission to Investi
gate the subject and report to the next
legislature. The latter has the support
of many employers, who are generally
opposed to the bill submitted by the
labor Interests. It will be treated in a
separate article tomorrow.
First of alL the present law of the
state may . be . explained in a general
way to give a better understanding" of
the proposed legislation. . , Aa the law
stands,, no, employe who la Injured can
recover damages if the accident ia
shown to have been in any manner -due
to his own carelessness or negligence
Nor can he recover If the injury waa due
to the negligence or carelessness of a
fellow, employe who was not in a posS
tion of authority over, htm. The em
pioye la beta to assume all the ordinary
risk of the work In which he Is engaged
The same rules apply in case death re-
uits from the Injury. Jwhere; the em
ploye succeeds in escaping all ef fbest
rules, he. may recover damages covering
compensation' for his suffering, expen
ditures caused by his illness, and loss
of time or loss of earning capacity. In
case of death the- damages awarded
cannot be greater than f?66o, but for
injuries'1, not resulting in .death, there
is no limit of damagea under the law;
Your Important Points, r
Tour Important ' ' changes, bealdea
minor ones, are made In the bill pro
posed by the federated trades.
1. Contributor- negligence ; of the
employe is abolished as a defense, but
may be considered by the Jury in fixing
the damages, j ' - v:-
z.--ftegugeiice 01 a reuow eervant
shall not be a defense where injury re-
aulta from enumerated causes, whloh
will be treated fully below.
a. The doctrine of assumption of
rlBkfeyjhemploye 4 -further limited
and the rule of the present ' factory
law, which is construed not to place
asBumptlon of risk upon the employe
where dangerous machinery ia operated,
la largely extended, Including all classes
of outside and construction work. '-
.The J500 limit of damages for
death Is removed, and damagea In. any
amount may be awarded in a suit by
the widow of the person ' killed, his
lineal holra or adopted children, or by
tne husband, father or mother, aa the
case may be.;. '.: ,.-). ;...'
It may be Bald that the areneral effecr
of. the adoption of the meaaure would
take away the means of defense usually
availed of in damage suits, and would
permit nearly all such caaea to go to the
jury without limitation upon the poaai-
me veraict. f : . . ;,". ; : ,. . - ; ,;
' The tendency . of moIarn kilalatlnn
la toward the amelioration of the con
tributory negligence fellow aervant and
aeaumRtion of risk rules, which in aome
cases have been carried to extreme
lengths and have produced in the minds
of mapy the feeling- that 'under, the in
creasingly complex ayatem of modern
industry, employes should be-permitted
to - recover la wany caaea - where they
are now' shut out' ;, ..- '
;:r;r," Many Plans : Proposed," HJv.? ''
Out of this feeling .has erown much
proposed legislation. Including plans for
general indemnity law which would
Insure compensation In every ease of
accident -without regard to negligencei
but. graduated according to- the wages
of the employe and the extent of his
disability.- Some of the eastern states
are working out -"laws of this kind.
modeled in aome respects upon the Ger
man laws, Some of those who oppose
the bill now before the people do ao
on the rilea that it would reaulre sneedv
amendment and falls to go to the rooei
or tne question. ,', -,-v, . ... ,
Elimination of contributorv neell
gence as a defens would allow the
plaintiff In damage cases to go to the
Jury In all cases where any negligence
of the employer could be shown. Aa the
law now stands, If both employer and
employe are negligent the plaintitf
cannot recover, however aggravated the
..Today la . the four hundred , and
eighteenth anniversary of the discovery
of- America, V For thousand of ; year
this vast continent remained , unknown
and undeveloped, . except . such, . develop
ment'aa was carried out by the unen
lightened people who roamed about its
forests and 'paddled up and down Ita
Waters. When they came hre, or from
whence, la only a matter of conjecture.
Europe had passed . through many
centuries of comparative enlightenment
without giving much thought to what
lay beyond the vast expanse of ocean to
the west ' of them. It remained for
.Christopher- Columbua to figure out
the secret of the great beyond, and to
tell the world of it 'and yet he cannot
October 12 in History Discovery of America f
literally be a aid to have been the flratVerelgna of Spain,; and exacted, at the
European discoverer of America.
The ancient Scandinavlana or Norse
men, so renowned for their maritime
enterprise, .had, at , the . commencement
of the eleventh century, not only settled
colonies In Greenland and - discovered
the east coast of America for a consid
erable distance south. There ia also
satisfactory evidence fobelleving that
in the twelfth century 'the celebrated
Welsh prince, Madoc, having sailed
from his native country with a' email
fleet, landed somewhere on the Virginia
coast. . .,','--;..
But to Columbua still belonga the
merit of having philosophically rea
soned out the -existence of a new world
and of practically ascertaining the
truth of his proposition. , It la a little
curious Indeed, -that the belief which
Columbus entertained .at first aa to
the land discovered by him being part
of India or China,' waa adhered to by
him to the last and he died with the
Idea that Cuba .Tormey a part of the
mainland of India; ;.-'
' The point of land which Columbua
reached today more thaw four eentur lea
ago was -one of the Bahama islands,
which he called San .Jalvadore. It la
rnot positively known which one of -the
Bahamas waa the landing place, but
most writers believe It waa Watllng ia
land. It waa aoon after daybreak that
the three little vessels dropped anchor,
and the admiral, richly clad in acarlet
evidence to maintain the charge. . Mr.
Stevenson has undoubtedly been misin
formed aa to the facta, and if he Would
Investigate the matter he would find
that It Waa his deputlea who were neg
ligent ' and ' failed to do their; duty In
stead of the district attorney or his
deputy. J J. N. JOHNSTON.
mVipty , prBfl.i.ffpg itn,py - frf. f -
pnme county. . . -
ATiat Will Oregon Do?
From the Yamhill Record.
Cannonism la telling on the houssj Of
7
by Voters on Nov. 8
neglect of the employer may be. Op
ponents of the proposed law say the
logloa.1 result would be to make the em
ployer liable in practically every caso
into which the Question entered, be
cause the case must go to the Jury if
any negligence, however slight, can. be
shown on the part of the employer.. It
will always be possible for ingenious
lawyers h to present some evidence of
negligence. It 1b claimed, and thereby
reach the Jury. ,
Defenders of the bill maintain it la
proper to allow the jury to pass on
every case ia which evidence, .Is pro
duced to show the employer was negli
gent either in falling to provide a safe
place to work, safe tools and appliances
or any other ton-compliance .with ro
Qulreraenta for the protection of work
men. The Jury may then consider toe
measure of damages, the theory being
that the jury will reduce the amount
If the employer ahowa the employe also
to have been negligent . ' .
; Uialta Tellow ; Servant Bule, .
The bill - before the voters removes
the negligence of fellow aervant aa a
defense, in all caaea .where the Injury
waa caused or contributed to by any
of, the following causes: .
"Any defect' in the atruoture, ma
terials, works, plant or machinery of
which the employer or hla agent could
have had knowledge by the exercise of
ordinary care i, the neglect of any per
son engaged as superintendent manager,
foreman; or other person in charge or
control of the works, plant machinery
or appliances; the Incompetence or neg
ligence of any person. In charge: of or
directing the particular work In which
the employe, waa engaged at the timej
of : the injury or death; the Incompe
tence, or negligence of any person to
whoae orders the employe waa- bound
to conform and did conform and by
reason of hla having conformed thereto
the injury or death resulted; the act of
any fellow aervant done 'in ?. obedience
to the rules, Instructions "h or - orders
given - by , the employer or any other
person who haa authority to direct the
doing of said act" v " i ' -'.;,
Thia language making exceptions from
the ordinary fellow aervant rule pva
take moat damage cases from under
the rule and permit recovery by the
peraon injured. There are a few cases,
howeverJn which-tha..fellow.. servant
rule would atlll apply, v-For- instance,
if the injury by the act of a fellow
workman were done in disobedience of
the rules or inatructlona of the em
ployer, the employer would not be lia
ble, providing the case did not come
within any of the other enumerated
causes. -'. --"s" " -
Objection la made to thla by employ-,
era, on the. ground that it la too-broad
and makes them liable for nearly all
acta of their workmen... In large plants,
It la contended. It becomes Impossible
for the employer to at ail times know
hla employee or - to aeoure men who
will do the right thlpg at the right
time. , To charge him so broadly with
responsibility,' they assert la imposing
too heavy a burden. ;"''-'.,';.' ;.':; '
v . Objeettoaa ey Smployers. - r
Coming to the rule on assumption of
risk, the Oregon supreme court haa con
strued the factory law or 1901 to mean
that the employe does not assume the
ordinary haaarda of employment when
working with dangeroua machinery In
factorlea and ahops. - The effect of the
bill under consideration tn this regard
la to broaden thla exemption from risk,
and extend lt,to conatructlon and out
side work. ? '
Employera .who concede the ' Justice'
of1 the law regarding machinery, which
they are -bound to safeguard and keep
In good condition, protest, against the
extension of auch rule to all work. They
argue that acaffolding and outetdjftKwork
la often put up by. workmen hurriedly
and without knowledge of the employer
or opportunity for Inspection, and the
employer should not be In all caaea
held responsible. ' '
v Removal of the I7B00 limit upon dam
ages for death would make it possible
to recover in - any amount the - jury
saw fit to award. This, also, the em
ployers contend, is imposing ft hard
ship. It 1b argued the general effect
of the amendment would-be to permit
nearly all damage aulta to go to the
Jury, with more freo.uent and larger
verdicts for damagea, -many of which,
it ia contended, would be unjust
The bill here considered was turned
down at the last session" of the legla
lature. '" .. ' .;" Jo;.:
and bearing the royal banner of Spain,
made for. the shore in a small boat
He was accompanied by Plnzon and a
few others. . The , beach was lined With
human beings who had come running
from the woods on seeing the vessels,
which they . thought to be' gigantic
white-winged birds. As the Spaniards
approached the shore the natives fled
In terror and in a few moments all were
hidden away in the forest
Columbua, " on landing, waa over
come with emotion. He buret into
teara. He bowed nimaelf down and
kissed the ground. He thanked , God
for the realisation of the. dream that
he had cherished so long. He then
drew his sword and took possession of
the new lands in the name of the sov
same time, the most solemn promise of
obedience from hla followers.
The attitude of ; hla followers had
greatly changed. Their bitterness to
ward the admiral for having led them
so far Into the region of the unknown
waa now replaced by a feeling little
short of admiration. They surrounded
and embraced . him, . kissed his hands,
and promised the most implicit, obedi
ence. Columbua and hla fotlowere
cruised about the islands until January
, 149s,-when they set their faces to'
warda home, to announce their dlBoov
ery, reaching Paloa, from which they
had started, on March IB. It la not
able that the voyage westward had been
begun on a Friday, had left the Canaries
on Friday, that the land waa first eight
ed on Friday, and that the return voy
age waa begun and ended on Friday.
October 12, 1429, marks the beginning
of the alege of Orleans. Today 1b the
birthday of Edward VI of England
(1537); Jonathan Trumbull, "Brother
Jonathan" (1710); Lyman Beecher, the
distinguished divine (1776); A. T. Stew
art, ! the merchant,. (1803); t George W".
Cable, the author (1844)! Charles King,
soldier and author (1S44), and the date
of the death of Maxmillian II, emperor
of Germany (1576); Robert Stephenson,
the engineer (1859). and Robert E. Lee,
the distinguished Confederate general
l (1870)
representatives. . The losses among the
membership to date show 4J Republl
can and IS Democrats defeated or re
tired, i Among' the Pemocrats-are five
who voted v4th the Fitzgerald cotorle
to support Speaker Cannon In his rulee
fight :n western Oregon a small er-
l cmXiti of JAeaubllcanaLJiavajaufoaJad L
".V
The question is, will ahe voters of the
First district indorse the atandpat pol
icy? Or will they cut loose as they are
doing in ether progressive states?
C!i;
Etmly tlio r.ropo.serl new laws.
West has always "made good."
Fine mornings fr a new Vk.r.i'iat.
c
"Ticket,' "tlcHet," 'ticket;H well, think
a llitlo.
The fnel of fall is in the morning at-
mo8ihere. .
.
ProfeFsor Hawiey hAsn't a walk over
this time. -
-
"'It is' an uphill struggle for Brother
Bowerman. '
..'-' .1
f Portland is still the Rose City, spite
of fall weather. , r
'
Though it is October, green things are
growing in Oregon. . .
..... . e t
Roosevelt manages to get on the first
page about every other day.
Even eirl dosneradoea hnvn their
troubles; it doesn't pay to be very bad.
v.. '. .."'. ':.;.,:i;..;;.. '".;, . ... v. .-.'; "'-;o
Manv a man ran tnllt ntiltn lnnnpnt-
ly on any lde of almost any subject If
he tn paid for it -
If Chamberlain were rnnnln aimln.
he would carry Oreeon- aeain.- The neo-
ple have a reason.
The factory whistle la a rhenry nivinrt
in the morning, at noon, and In the dus
ky evening. It . Increases steadily In
Portland. . .
Detroit Free Press: ,A Chlcaft dress
maker sayB that dresses should be made
to fit, not only the body, but the dls
position. Haw'd you like to have to
nook a gown around your wife's dlspo-
sltion alaoT
Two mora Vearrf of rnrlt rnait hnUd.'
ing, with connections from outside pre
clncts, with paved streets, which are'
Ukeiy to come next year; with the finest
hotel on the West Bide; and with a few
more handsome cottages .In the city,
and Hlllsboro will forge rapidly to the
front remarks the Argua.
' e ... . - . 4- ; . :
Hlllsboro Arsus: The lack of hotel fa
cilities was never so well demonstrated
as wnen tne street rair waa In progress.
Time and again people who wished to
remain iior tne night either went tc
Portland or Forest Grove, Fortunately
the new hotel will soon be finished
and thereafter Hlllsboro will be able
to take care-of 4te-v4sltora.- -' - r
Bays the Pendleton Rant. Druarnnianf :
Umatilla county Is a great bualness oon
earn This year the county collected
In taxes the f.im of 1441,668. That
money will be expended during the year
for various purposes, notably for the
maintenance of schools, the construction
and repair of roads and bridges, pay
ment of salaries and currant expenses. -.....
Seaside Signal: A remarkable tele-
ecope that enablea men atationed at
Fort Stevens to detect the approach of
an enemy while they are still more than
iwomy-iwo mues - on snore naa just
been Installed there. By lta eld the
range of the anproachlng-fleet can be
Obtained and the mechanism In so ad.
Justed that it overcomes the ef facta of -,
the curvature of the earth, on ao or
dinary telescope.. .a...,.;.: s ' -
Astoria Budffetr There Is a fine die.
play of apples on exhibition at the ?
rooms or tne chamber of commerce i
that Was raised hv C . now nt tht '
Nehalem valley, there are Beitlglng- ,
neimer, .Northern eplea, Gravenateina,
Duchess of Oldenburg and Kings. These
were grown without spraying or cul- ,
tlvatlOn of any kind and ara fine ex. ,
araples of hat the Nehalem valley will
w iur iu aypie grower.
Central Point Herald: There waa a.
great hullabaloo about pear blight dur
Irtg the spring and -there la another '
about being able to pick the fine crop
thla fall.' The pear blight was a bless- -Ing,
It put orchardista to work and
the work reaulted "in the best aiiaiitvf
and lsrgeat fluantitys of fruit in years,
A little more elbow grease and Rogue
river vaney wm stand as high In the
fruit erowlnB- WOrM aa any vallov In .
these United Stated.
., y . ...
Cottare Oroya 8inflnelv . Ta (nAIi,t .
bow enthusiastic neode pt mil hr
over the country It is only jincessary
to cite the case tvf an Orriron mnir who
had come west from Indiana. He got
awfully homesick and told a friend that
he was going back to Goo's country. In
about a month he waa bsck in Oregon
r.l'L"" vIBna UP01 meeting, him said:
"I thought you were going) back to ' '
Gods country?" The young man re
marked that he had, but found that
God had moved west , r- ,
A Progressive Candidate. -From
the Pendleton East Oregonian.
It is welcome newa that there will
be a canHldate iff the field against T. ;
J. Mahoney, candidate for reeleotlon aa
Joint repreaentatlve. . Though1 a -mem ,
ber of the Republicwn party Mr. Ma-
honey la not in aympathy with the beat
element of thatarty. . He ia an aasem
blyite and an anti-statement man. 1 He
was a delegate to that aalnted assembly
held In Portland In direct defiance of
me aireci primary law, in Otner words
he la one of those who aay that urdl-
nary people., haven't sense enough to
name candidates for office and that a
few politicians should get together and
do the work for them. . -
Mr. Mahoney is alao badly out of
tune with respects to the election of
aenatora. He haa alwaya dedllned to
take Statement No. l and two years
ago In the house he voted for the
Brooke-Bean bill which would have
made it a erlme for a man to pledge '
himself to vote for the popular choice
for senator; ' -j
In Ben F. Hill, progressive RepubU
cans will find a man whom they can
aupport - with more consistency than
they oan 'Mr. Mahoney. '. Mr. Hin ia a
Democrat but he la a progreaarvo. ; Ha
la of the younger political generation
and atanda for those things In which
progressive Republicans believe. '-He
la a statement roan and believes ' In
obeying the direct primary law in spir
it and letter, ""He has the personal fit-'
nesa - for the office- and ; if elected 88
Joint1 representative wilt" give a good
account of . himself In the legislature. '
, Oregon Sjdeliglits' v
The Villafje Sages ;
Contributed to The Journal ty Walt Maton,
tht famvua Kauaaa port. But pioi-pm art
regular teat ur of tnlf eoluma li The Da:iy
Journal.) '.'. - i
All day 'we aat and fussed 'and
wrangled about the cost of living.' our
voices rose,' like eweet bolla--jangled,
severe and unforgiving, i "Our kids," we '
cried, "must live on eriists, and wail'
like thundas, because the blamed im
moral truBt are1 out for plunder." We
gave the tariff law a Jolt that made It
shrivel; each ovator unloosed his bolt .
in terms uncivil. "If j, said one, "the '
skill could boaat of aome great rhymer
in burning Stanzas .J . would roast the
MorganheimjBd" :,:'r have o" oreditr In -
the town,", said ; Colonel iSelleiv-land
111 because'nT trampied 1 down by Rock
efeller!" --"I've been -evicted from mv
home chased out by high rents, and I
am doomed In want to roam, by haughty
lyramei , Ana men ine man wno owned 1
the store Where we'd been talking, re
marked: "You fellows make me sore ' l
' rZZ LZ -J , arfumtntfL 1
th " 1 '
flrbomrirFrstiiitftirg'kindrin'-Th 1
his .way. "with . pom.
and bunting, but he la hotter than the
jay Whp'e always grunting"; '.,
Copyright. 1010,
eoorct Uattbw
lm. foukftUftt
J