Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 20, 1912)
THE OREGON DAILY JOURNAL.' v PORTLAND, TUE3DA ,-;iWlt UiltS HIT AT ORPHEUM Valerie Bergere Meets Flatter ing Reception in Dramatic Piece; Other Numbers. As Valerie Bergere has blooms known lit- the. wett she has attained the same popularity she enjoy In the east so that her reappearance at the Orpbeum yester day was marked With a flattering; re ception. Miss Bergere; may always he cotrtted upon to give i an, elaborately ' mounted production with Intense dra- ma tic momenta. "judgment?' her pres - ent vehicle, is no exception. It deals with the Inaccuracy of circumstantial evidence, and allows Miss Bergere am-1-Ie opportunity for splendid emotional rwork which held the audience In rapt mttention. Contrary to her usual eus tom, she has no comedy touches In the parfesA dignified and skillful portrayal of the Judge to-given by Herbert War ren, and the rest of the cast Is highly efficient. L--Blg. favorite were Krans and White with rousing big voices, .who put over gongs and burlesque acting In a delight- Donovan and McDonald made a hit with their Irish studies in "My Good Friend." Jokes galore, songs and a hat stunt make up the act with an unusual feature, that went big, the dancing of : panlment, ' Cole De Losse offers a slack wire act with unimual and startllnff features. He .' works as much on his hands as his feet Gardner and Revere present a "True . Variety Act that grows better as It progresses. It is made up of a little Z everything ana goes Dig. - Richardson's posing dogs show them selves to be "distinctly unique." The little fellows appear in a series of diffi cult and beautiful posesand were heart ily approved ox. Bert Jordan Jiaa some Ideas of eccen trio dancing that won applause. He kM r inn anA a HHla ha luo-rllnir uiivn, ... wug, ww w - - m tor good measure. - Motion pictures of current events eonciuds the bill. QUESTION SETTLED ' . BY ACQUIESCENCE - OF BOTH HOUSES (Continued from Page One.) under which they are appointed, as well 4 as its republican character, la recognised by the proper constitutional authority. And its decision Is binding on every other department of the government. ana couia net vm queauuuou in m juuiuuu tribunal." ; After this quotation, Judge King added the following comment: r We have an illustration of th prin ciples annpunced In Luther agafnst Bor den, lxv the admission of Oklahoma as a state. Before Its Statehood was recog nised. Oklahoma had adopted as a part of its constitution the Initiative and referendum law making , system, pat terned after the Oregon plan, regardless of which its senators and representa tives were.-'admitted Into the -counoils of the union,' and 'the authority of the government under which they were ap pointed, as well as Its republican char . acter, Is recognised by the proper eon stltutlonal authority,' .thus determining that state, with Its comparatively new. legislators system, to be republican in form. .This recent historical precedent should ln Itself bft adequate, to se at rest tha temporarily mooted Question in hand." .;,,..,;-'.. -, Beans Two Decision .. '.--v' Judge Robert 8. Bean of the United" States district court, for years a mem ber of the Oregon supreme "bench, wrote two epoch making decisions upholding the initiative and referendum during . his service on the state bench. It was he who wrote the opinion in the case of Kadderly against the city of Port- ' land, ' the pioneer- case," and he also wrote the opinion In favor of the state . In the. Pacific States Telephone case, , the one carried to the United States supreme court. - J udge Bean - this morning .expressed his satisfaction with the decision of the high court, guaranteeing the secur ity of Oregon legislation enacted under popular legislation since 1903. "The decision,-, as I understand It.1 he said, "settles the matter so far as action in the courts la caarmi n. elding. the question to be political, !t is not for the courts, but for congress and the various states of the union- to decide. Each state may take . up the "Aside from the admission of new states that have adopted the Initiative ana referendum system. I suppose the question would be raised as a political . one py a reiusai on uie part of con. press to seat senators and representa- lives rrom states where that system is The Perfect Shortening Cottolene . h . made from the finest vegetable oil as pure and wholesome as olive oiL Lard; on the contrary, is made from the fat of the hog, some limes impure, often indigestible. Cotto lene makes things' taste ' .better, makes them digest better. If gives you butter results at less than the price of lard. There is no indigestion sold with Cotto lene. ;f Cottolene is economics, because you use one-third less. 1 . Mfcfi COLLAR. Easy to put on, easy to tike. - off, easy to tie the tie' in. Clwtt, Pmbody A Compear, Makera, Troy, R.T Bronchial Troches is effective remedy forObogh and HoarteaeM. inrlttble la Bronchial and Lnn Trochlea and - Mttif tw wui "peahen fur vlearlfig iftarvolee. Cnttraly free from opistea or anr harmful Ingre litct. Sold only In botes. Sample mailed free, JOn I, UROWX ft RON, Boaton, Maaa. nnpiiiMuiiiinnn Ji a lluliirtljinlllu i . Arrow orre. Of course, congress will' take ; no action of that sort. All Sonfet Bemoved. "It is a. momentous decision, adding greatly to the security . of- legislation In this state. It removes ell the doubt under which so much legislation in this state has rested, and is Just as effective as though the court had taken jurisdiction. Had the court reversed the decision of the Oregon supreme court, there would have been immense confusion, to say nothing of the political consequences." , In the pioneer case of Kadderly the decision of Judge Bean was concurred in by Judges Moore and Wolverton, the last named, like' Judge Bean, having since been advanced to the United States court In the Pacific States Tel ephone case Judge 'Bean's decision was concurred In by Judges MeorS, Eakih, Slater and King, the court having by that time been Increased to five mem bers. In the first case Judge Bean treated at some length the claim that direct legislation contravenes the con stitulonal guarantee - of a- republican form of government to the states. Reviews Decision. Will B. King, when a member of the supreme court, wrote the opnlon in tho Broadway bridge case, before referred to. Today he reviewed the supreme court decision as follows: - "The decision handed down yester day by the. United States supreme court In the two cases there on appeal fully determines and settles the question. It regulreAlhe two case consisting of what , is known as the, telephone case and the Klernan bridge case to settle the entire controversy.. The point raised generally in the telephone case, but mors specifically In the Klernan bridge case. . "In ,the Klernan bridge case tho addi tional point as to whether the people pursuant to a constitutional amendment could delegate to municipalities powers not subject. to abridgment, change, al teration or recall by special acts of the leglsaltive assembly, was presented, which point was not directly involved in any of the previous-cases passed up on by the Oregon supreme court In the telephone case the court upheld the Initiative and referendum on the merits without passing upon the point as to whether the court had . Jurisdiction thereof. "In the Klernan bridge case it was first 'held that It was a political and not a Judicial question, which was also followed by a decision upon the merits upholding the system. While the United States supreme court only passed upon the question as to whether it was a po litical or a Judicial question, and dis missed both cases for want of jurisdic tion, it is in effect an afTlrmance of the conclusions reached by the Oregon supreme court In both cases, and the decision Is far reaching and finally set tles tho controversy In favor of our system. True, it mentions that It Is a question for congress to determine, but It must be remembered that con gress has already determined the con stitutionality of this system by the ad mission Into the Union of territories adopting it as well as by the recogni tion of -representatives in congress from this state who were erected under the system in force here. . WU1 CSsve Beneficial Effect, , "This-decision will .. have a highly beneficial effect in the sale of Oregon bonds and securities, giving entire Se curity on questions that have , been raised affecting the Oregon system of direct legislation.' C. B. a Wood, one of the attorneys who filed a brief In support of the state's case, terms the case a '"bit of legal' lumber" and of no significance II said. ' ' """' "' The decision in the telephone case" Is without any significance.- It simply re- arrirms as every lawyer with capacity to reason above bis prejudices knew ll must, ' Luther vs. .Borden which rests on the unassailable ground that the po litical questions of a state are for the state itself to determine and Is re viewable .at all only In the halls of congress, not In the courts. One guar anty of Republican form of. govern ment to the states of the .constitution was intended to protect the weak in dividual states against, forcible usur pation and-establishment of monarchial or , tyrannical absolutism no mom The case brought by the telephone com pany tlways seemed to me a bit of legal lumber and is without any new sig nificance whatever In our constitutional evolution." . . - Bays Decision Revolutionary. Directly opposite Is the View of RalD.h R. rjunlway,. who carried the caso through to the supreme court. He says the decision Is revolutionary. ,When. In terviewed today he -said: 'Being a lawyer. I know how to bow to the decisions of ouf courts of last resort However, It Is my belief that the decision has made a mighty change In our- form of government- It has enlarged the legislative department and awarrea tne judicial and executive de partments. We no longer, have three coordinate departments of government. The legislative department is now the whole show. The supreme court of the United States has decided that it can not protect the citizen from the forms of state government. In this country a man needs philoso phy and humflr to sustain him whon he reads and compares the decisions of our courts. Let me illustrate this by considering chronologically the decis ions on the Initiative and referendum. "In 1903 the circuit court of the state of Oregon in Joint session, four fudges iireniuiug;, suiemmy aeciaea mat tne Initiative and referendum5 amendments to the Oregon constitution were not legally adopted, but If they were legally adopted the legislature could not nullify tne referendum provision by an untrue emergency claufie, and that the question was a judicial one and not political. , Question Sot Political.- "The case was taken to the supreme court of Oregon, and In December, 1903, the supreme court of Oregon decided that the Initiative and referendum amendments were legally adopted, that tne legislature could nullify the referen dum provision of .the constitution by an untrue -emergency clause, and that the question was a judicial one and not political. ; Therefore the supreme court of Oregon affirmed the Judgment of the circuit court of Oregon, though adjudg ing Its reasoning and decision to be wrong. From that day to this the courts of Oregon have held that the question was Judicial and not political,, and that the initiative and referendum amend-' ments were not In violation of the fed eral constitution. The chief Justice of Oregon "allowed a writ of error to the supreme court of the United States be cause the question was Judicial and not political. : ' - ; -v "la the supreme court of the United States the original question as to wheth er it Was Judicial or political wall raised, and now the United -States su preme court affirms the-' Judgment of the supreme court of Oregon because It is and has. been wrong in deciding all these 'years that trie question was' judi cial instead of a political one,, and the supreme court of the United States do- i cldes that the question is political and not judiclaland the . courts havs no Jurisdiction gnd have had no Jurisdic tion, to decide this question all these yearBi!!!.,--:--.-- rfrT-' "Bentarkabla, Foresight." Striking comment was given by John P. ljogan, who has followed the strug- gln c-VPr,. direct lrtrlwlatlnn with parllu. j jf j't il r ft. v 'Tile 'decision of the United States supreme court marks the,dstrUctlon of (the last bulwark of tlis 'vtl Inter ests," said Mr: IvOgan. "The Interests have always tried , to make ouf'every- thing that they opposed was unconsti tutional and crposed to the republican form of government. They have always-insisted ithat the law be read to the letter and not according to spirit "My Interpretation of the constitu tional provision guaranteeing the state a republican form ''Of .government Is that In exchange for the rights of mak ing treaties, coining money and carry ing out other governmental duties which belong to. a sovereign state the constitution guarantees that the state shall be kept Inviolate from Invasion and conquest at the hands of any gov ernment -or party, which seeks to over throw government for and by the peo ple. . ,. "The ' government under the Oregon system appeal" to me as being very much one for and by the people. When the states were first provided for by the constitution It ' was also provided that the people .make . laws through their representatives In legislatures of two houses. Laws are made to fit con ditions -and changing conditions neces sarily demand that laws be Interpreted to. fit them and not the conditions at the time they were made. Legislatures have been found to be easily influ enced and the people have taken, their Inalienable right to themselves. . ? "The supreme court has shown re markable foresight and wisdom .in its decision, for this movement )s bound to be one of the most far-reaching of the age. The decision, I believe, will be the "mother lode' from which all others of a similar nature will take their precedent T.he movement has , re ceived ani&npetus which will andoubt edly causWt to spread in a short time to all of the-states. "That the supreme court has left the decision with congress Is -a victory in Itself, for' so many of the members of congress , are already from states where the "Oregon system' Is in power and so many others see It coming and will bow to the Inevitable that there Is little to fear from congress," - Slashes Ear to Escape Army. I (United Prmt Leaaed Wlr.t Berlin, Feb. 20.-Emperor William has commuted the sentence passed by ' the Let Me Build You aSuit andSaveYou$10to$20 Drop in and pick out any of tre 2000 different patterns of advanced Spring materials I am now showing and I'll build you a Suit for , 22 to Made - to - Your - 111 guarantee to save you $10 to $20. I'll guarantee the cloth," style, fit and workmanship or "Money Back" cheer fully. You take absolutely ho chances. You must be satis fied in every particular. " Don't think that t am taking any chances, ijemploy the highest salaried designer and cutter in the West. The or ganization of my shop is perfect Every man in my employ is an expert at some detail of the tailoring business. That partially explains "Barkhurst prices." An enormous business and the ability to buy from the mills direct over the heads of the jobbers explains the rest. Will you drop in today? PORTLANDS LEADING.TAEjOR. Open Every Evening Until 7 P. M. Blue Ribbon Coffee Ctktf in waxed wrapper, 15c If You Wnt to Learn A Great Deal About Good Bread ill a Few Minutes Askour Grocer for This Loaf On the market less than a week yet the quality of, the wrapped loaf has met with such instantane ous recognition that it is demanded daily in hun dreds of Portland homes no other brand will do. Is even better than The waxedwraijper tily clean till you've used the last LjibiiriJBakiiiig high n-J'itary court upon Infantryman Hoppe'of a Bremea regiment, who cut the' upper .-half "of one ear off In order to be Ineligible for further military duty because his- wife and his grand mother, whose sole support he was, were In want He w,a .sentenced to one year's Imprisonment CONGRESS ALONE ; 1 HAS POWER OVER OREGON SYSTEM (Continued from Tags One.) in these two cases, Chief Justice White said: . - , "It Is Indeed a singular misconcep tion of the nature and character of our constitutional system of government to suggest that the settled distinction which the doctrine just stated points out between judicial ' authority over justiciable controversies 'and , legislative power as to purely political questions tends to destroy the duty of the Ju diciary In proper casts to 'enforce the constitution. Question Held legislative. "The suggestion results from falling to distinguish between things which are wisely different; that is, the legis lative duty to determine the political questions Involved In deciding whether a state government, republican in' form, exists, and the Judicial power and ever present duty whenever it becomes necessary In a controversy properly submitted to enforce and uphold the applicable provisions of the 'constitu tion as to each and every exercise of governmental power. . "How .better can the broad' lines which distinguish these two subjects be pointed out than by considering the character . ofthe defense In this very caseT The defendant company ' does not contend here that it could not have been required to pay a license tax., Ho Rlgnts Violated. ' "It does not aseert that It .was de nied an opportunity to be heard as to the amount for which It was taxed, or that there was anything Inhering In $50 Measure . , , . . ' - . . ... 1 ' : i i' ,v - 1 .1 I Cor. Sixth and Stark Sts. SunSioEp,eM"g you'll expect it to be. it to be. anddain- (t crumb, il keeps it fresh Vancouver Avenue and Fremont the tax or Involved Intrinsically in the law which violated any of its consti tutional rights. If such questions had been raistd- thev would have been justiciable and, therefore, ' would have required the calling into operation of Judicial power. l "Instead, however, of doing any of these things, the attack on the, statute here made is of a wholly different char acter. Its essential political nature is at once made manifest by understand ing that the assault which the conten tion here advanced makes, Is not on the tax as a tax, but on the state as a state. It Is addressed to the frame work and political character of the government by which the statute levy ing the tax was passed. "It Is the government the political entity which (reducing the case to its essence) is called to the bar of this court not for the purpose of testing judicially some exercise of power, as sailed on the ground that its exertion, has Injuriously affected the rights of an individual because of the repug nancy to some constitutional limita tion, but to demand of the government that It establish Its rights to exist as a state,".. ." . : , . ; ; , Would Require Bills of Health. ': tCnlted Press. Leue4 Wire.) , London, Feb.' 20. A vigorous crusade against marriage of the physically unfit is being carried on by the Eugenics Education society.. Its purpose Is ulti mately Tts" secursTeglslatloir requiring all intending brides and bridegrooms to present certificates of health before re ceiving license to marry. ; Nebraska City, Neb.,' has adopted the commission plan.- . IF YOU ARE A TRIFLE SENSATIVE About the tike of J oat bo, It's some satlnfic tlon to know that many people can wear short a site smaller by shaking AIIhu'i Foot-EaM. tht anttaeptlc powder,' Into them. Jut the thing for Dancing Parties. Patent Leather Ebua. and fur Breakins In -New Shoe. When rnblitrt or orenboea become neceaaary and your aboei pinch, Allen's Koot-aae slrea lnatant tfM. Bold eTerywhere, 25c. Sample FREK. Addroaa, Allen S. Olmsted. Le Boy, N. X. Don't accept anr auhatltute. Blue Ribbon Calces, in waxed , .wrapper, 4 15c ify The Loaf 10 At Y au r Xr Grocer's Street f -:;1'- I L - ;,; u '! (Mi" I 'if::', ::.muy I WW .- i .Bread TALIviiiG. CQGnESS.V.EI DOfl'TlOUUTTOlCII .New1 York, Feb. 10. Speech'making congressman do not count for much. In the opinion of Vice President James S. Sherman, who was formerly himself a member of the house. Discussing how laws are made, the vice president, lh the March Issue of the Woman's Home Companion, pays his respects to orators as follows: ' , "Debate as a rule has little effect on the fate of a measure. It Is largely the froth of legislation the substance la the work performed by the commit Slightly Used Talking Machines " " ' ' ' " ' ,.'. ,' '- ;;-t 1 " ' ' "-.- '. .'''' ' - -"'i..' ' :' r We have a feav slightly used Talking Machines, taken , in as part payment toward a , VICTOR VICTROLA ? EDISON AMBEROLA -COLUMBIA GRAFONOLA .All'thorpughly overhauled by our expert, that we wish tp sell " at once. 'Any r easonabl e 'terms 'accepted. Twelve latest records of any make free with each outfit. $200 Machine . . . . $145 . $35 Outfit ... . . $19.75 $150 Outfit .... . $100 $25 Outfit . ... . $15.00 $75 Outfit ... . $52 $20 Outfit . . V. . $12.50 $50 Outfit ....... $32 $15 Qutfitt. . . . , $8.00 If you. are thinking of retting a Phonomph Outfit, do not delay any longer. The chance of a lifetime awaits, you at j C " 111 Fourth Street, WE ARE AS PROUD OF THIS CLUB DINNER ..; i"... at 75c AS YOU WILL BE SATISFIED AFTER EATING IT In dining here you are assured of the little attentions that go "with ' the best dining services. A. deliriously prepared dinner, served faultlessly in a dining-room of congenial and y . ; . .hospitable atmosphere.- . - "THOSE ENTERTAINERS" K I NO, Q UIN N A ND SWEENY ; In Songs and Music, From 6 to 8:30 FOR EXACTING BUSINESS MEN OUR MERCHANTS' LUNCH-35c 11:30 to 2 HOTEL CARLTON : Restaurant and Grill ; Washington at Fourteenth Where Popular Prices Prevail One Little, Easy Motion of . the iiHand, Thus . Is All That Is Necessary to Open Because It Is Equipped With - THE NE W CAP - . .... ..... ... ... .,- I . -,'. i-" That Requires (NoOponerl Outrts, $1.75 dozen. Pints, $1.90 case of two dozen. De livered everywhere. Bottles exchanged. Phone your - ' '. .- . dealer or grocer or -.. . : ' : Portland Brewing Main 70a j New Departure ""7" tho cost of Intermmita ha batn RMU7 nflnooa 1)7 tho Holman UndortakliMr Oompwy .. . . Horetoforo it has been the cutom of funeral directors to make charfee for all incidental eonneoted with fureral. The Edward-Holma -Undertaking -com pany, the leading funeral dlreciore of Portland, have departed from that cus tom. When casket is .furnished by us we make no extra charges for embalm: In g, hearse to cemetery, outside box or any rvlces-that may be required of yaexgePt..clpthlngt.. cemetery , and car riages, thus effecting a saving or X23 to $75 on. each funeraL THE EDWARD HOLMAN UNDERTAKING CO. . . 830 T1UXO ST., COB. SALWCS tors, wticix Itf 1-1 lis t Li charge," After telling of the multitude ef t "' and resolutions annually Introduced, tl-.e vice president says: "Congress is physically arable to give- even perfunctory attention t all of the bills introduced. Each bill can receive , only 'eight minutes considera tion and the bills on general subjects are entitled to a reasonable amount of consideration before being passed. .Thus,N It is perfectly obvious that many bills cannot be considered Individually." ' TTanted partner. with $15,000 or more to manage business. Must be thorough hiitlnMi man TTnnmiftl huatnaai finnnr. tunity. IrSS, Journal. FIXES CntEB U I tO 14 BATS. Your druggist will refund money If Psso Ointment falls to cure Itching, Blind. Bleeding or Protrdulng Piles. 50c. alle Near Washington -,- wmm ,': The Quality BEER5n To open rala tonfpi tvi shown, and pull tra'.gHt A 8325 flows. 411- V A