THE OREGON DAILY. JOURNAL, . PORTLAND," MONDAY, JUNE 21, : 1911
pit r- w -fc- rsKi At J increased from $1,564,069,000 to
I 1. JLIJ lNrL-i3,39T,00 0.000. the equivalent of
' "an isdkprvdknt newspaper j HO per, cent. The value of min-
C. S JACKHIlt
.pnbuntMT J
fubisabed tnrr evening ejr(pt Snorta?) and
1 ""'7 ftvnnitj morttjni at t d tffflirsii now
tn. Rmmlwur m,H Yamhill ats., Portland. Or.
Kutared at tb fMwtoffle at Furtlaed. Or., for
transmisfiien Usruuub tna mails as - second
rlaa matter.
TRLKt'IlONKHMala TIT3: hoffl. A5051. All
ileonrtroent reached by the nuoubecs. Tell
the opera tfy wba-t liwrttnent. you want.
VOREIGN ADVERTISING BEFBEBENTXtIVB
Benjamin & Kentnor Co., Branswlea- Bid-.,
Jfc Fifth A tp.. New Vork; 1U1S Propk-'
Rubsexiptkm terns by mall or to any ad
dreaa la tba Pulled Stales or-Mexico: . .
' v. DAil.V
Oua rear..,,. ..$3.00 ( On month.......! .SO
SUNDAY
Ona year....,, .$2.00 (One month.... .25
- s UA1LY AND SUNDAY
On yesr.......$7.50 On month $ .65
... Seize, the moment of excited
curiosity on any subject to
solve your doubts; for, if you
; let it pass, ' the- desire may
never return, and you may; re
main In ignorance. W. Wirt. ;
-a
TIIR PRESIDENT'S' DAY
A PRESIDENT of less poise
could have - embroiled the
"V United States In war with
... , Mexico, and have bad nis in
hostile relations with that country
and all Pan-America,- which would
have ' been a most unfortunate
status , for us at the time .the
European war broke upon the
world. " - -
A .president of less poise would
have embroiled U3 with Europe be
fore now, and, instead of having
peace, we too would be in ' the
deadly, embrace of a horrible con
flict. - ... ... ' -
There is thankfulness throughout
this broad land that our- firesides
are intact, that our homes have no
boys In the bloody trenches and
that a joyous peace and tranquility
rest ' over the country.
It is a precious Position for us
to occupy, because it Is in such
contrast with the spirit of this war
mad time when the unhappy people
of other great nations are in the
agonizing throe of conflict that
is swallowing, up the resources and
the lives of great countries with
the frenzy of a hideous Moloch of
unappeased war.
It is fitting in he day of our
envied' and enviable situation to
heed the. appeal of Mayor Albee and
devote a, thought next Thursday in
recognition of our country, our
free institutions and our president.
If all the cities in Oregon in
their own way observed the day it
would be a; fitting expression- of the
spirit of our common country.
TRUTH IN ADVERTISING
TEN thousand advertising men
will attend the eleventh an
nual convention, of the Asso
ciated Advertising Clubs of
the World in Chicago this week.
It will be a notable gathering, for
the sessions will be given over al
most exclusively' to promoting the
truth, that honesty is the best
policy. ' President Woodhead : de-jBtate highway engineer, and that
Clares the campaign for eliminating j all records, maps, charts, plans,
the faker, the crook and the shyster equipment and furniture relating
from the advertising field will be: to the work and business of the
- n t i ti nan o a viri cr ' .
a jus senu.n-m is coumry-wiae
among . advertising men, and thai
tight has been started and will be
continued against fakers. Business
men are generally beginning, to see
that adveTtisini? Is more than a I
bupinesa principle, and the only way 1
io :majce it eneciive . is to mane it ana tne treasurer nave aeiiDerateiy
be4eVable, and that means sticking1 to j defied the law. i
th.!Uth' , , 1. J3i ! Under our form of government,
.CflCf Lalm.8, tbt Crtlt V the attorney general is the official
originating the idea that - honesty adviser of , pUbliC, of flcials in All
in advertising is the best policy. But !legal mattera. His office was cre
ItK has grown so that it is now j ated for the purpose of interpreting
nation-wide Reputable business ; the law for gtate officers tfJ the
men know that their statements in , end that m 8tate buslneC8 could
advertisements must be the truth be tranEacted according to law and
and nothing else. Any deviation under the form3 of law Af ter
from that rule means ultimate loss, Beeklng from the attorney
to the advertiser, for his Integrity eeneral aa to tQe relatlong between
1 3 gauged generally by what he j . ' -w..
advertises for .ale and what he
actually has in stock.
, Truth in , advertising has demon
etrated Its efficiency. Because they
can depend upon what f they read,
buyers look; to the advertising pages
Tor Information. They do much
of Jtheir shopping in, easy, chairs at
home. V Truth : in advertising has
made tlje newspaper's advertise-
inents as Interesting to many of Its
readers as the telegraphic and local
: news. . .
THE' SOUTH'S PROGRESS
NORTHERNERS . intent upon
their own affairs have formed
the habit of looking toward
. the South with a spirit of tol
eration." They are Inclined to think
the land of cottdn unprogresslve,
tied to old waj-s and- supremely
satisfied with itself. A recent cen-,
bus-bulletin showing the growth of
the- South's. productive interests ' be
tween 1900 and : 1912 " Is , Illumr
; nating. V . , .
. The South's capital invested' in
manufactores increased iri twelve
years from" $1,'408,866,000 to $3,
; 600,000,000;, or 14& per cent The
value of output grew from $1,860,
113t000 to, $3,900,000,000, or 109
per- cent The; number - of cotton
epindlea increased from 4,467,383
to 11,85 8.6 00t-the number of looms
from 113.106" to- 252,000, and the
amounrof .cotton tfsed' from 749,--9
1 5 ,0 6 6 ta -1 ,819 ,70 S ;0 0 Q pound s.
, The " production ' 'Of. pig iron
Jumped "from- 2,642,720" to H.3, 054
98ft tons. The lumber cut increased
"from : 14.444,965,000 - to, 21,607,
519,000 board feet, 'or. by 49 per
- cent. The capital invested" In agri
rultnre, Comprising investments in
land, buildings machinery and live-
. stock," grew from $5,262,279.000. to
$12V102.00d,000. or 12 9. per cent:
The value of, agricultural products
- i
era! output Jumped 20ft per . cent.
1 Railroad . mileage Increased from
6 1,8 SO to 90,930; national tank re
sources from $705,282,000 to $2,
112,717,000, or 199 per conti na
tional bank capital from $106,
504,000. to $22,800,000,. or 127
per cent, and - deposits in .national
banks jumped from $334,650,000
to $1,059,068,000, or" 216 per cent
President Wilson has ,been
charged with paying too much at
tention to the South's Interests, the
idea, being that the nation's future
will be determined by developments
in the North. - But the Manufao
turers Record, commenting on the
above figures, says: -
Of the 23 different kind qf indus
tries in the United States, 235 are
represented in the South. The (South
is cutting, more than half the lumber
cut In - th whole country; It vlrtoally
monopolises ,the cotton seed Industry,
which turns out annually. 150,000,000
worth " of ! crude- products, and tle
South . makes 70 : per cent of ill the
commercial fertilizers manufactured
In the United. States, having an an
nual value of shout $105,000,000. Of
the coals -of this country suitable for
coke used ' In : smelting Iron, 75 iper
cent' lies in the South, and all but
two of the sixty-odd useful mineral"
produced commercially in the United
States are produced: ; in it the -South,
which mines "practically, all of the
country's output of phosphate rock,
bauxite, sulphur, fuller's earth, pyrlte
and other basic materials. -
A BEAUTIFUIi MESS
T
HE full .opinion of Attorney
General Brown on this page
throws remarkable" meaning
around the act oL Governor
Withy combe and Treasurer Kay In
the attempted deposing of State
Engineer Lewis and the placing of
Chief. Deputy Cantine in charge of
the road work. Attorney General
Brown holds:
. 1. -The powers and duties of
tranaferred to the gtate englneer.
2. The state engineer must give
an additional bond of $10,000 to
guarantee the faithful performance
-of- his duties by the chief deputy
engineer. ; '
3. The chief deputy provided
for In the Day law is answerable
to the state engineer for all his
acts. -
4. The state engineer is respon
sible under his bonds for the acts
of the chief deputy, and other sub
ordinates of his department.
5.- Wherever there is a duty to
be performed or authority to be
exercised such duty and . authority
Tare to be exercised by the state
engineer in
his capacity as ex
officio state highway engineer.
6.-- The plans and specifications
for any new road work must be
i prepared under the general direc
tion of the state engineer and be
approved by him before -inviting
bids. "; , ;
7. It was the intention of -the
legislature to transfer and vest in
the state engineer all of the pow
ers, duties, authority and respon
sibilities formerly belonging to the
(Office of the state hiehwav eneliiMr
shall be transferred and lodged
... . , . , ..
witn the state engineer.
Either the attorney general is
wrong, or the governor and State
-, -nm? If th Hnr.
ey general is right, the governorj
tun BLam riiciiicn uiu nix ariiirri
deputy, the governor and state
treasurer, finding, apparently, that
the. law, as interpreted by the attor
ney general - does not suit . their
program and purposes, have elected
to take the law. into their own
hands and run things to. suit them
selves. -" . ' . ;
Their act . Is a climax' In the
long series' 4 of remarkable acts
that have come to pass since the
contractors in Columbia county de
mandecT $60,000 more of taxpayers
money than BowRy would allow,
and the contractors in x cjatsop
county demanded $73,000 ; more
than Bo wlby ; would allow." ' ,
It Is a culminating circumstance
in a long list of assaults on-public
authority ever since i. Bowlby ex
posed the mulcting of the taxpay
ers in bridge building, such for
instance ; as in Lane county, where
$186.32 a ton -was paid for steel
worth at the time only ; $75 a ton
f. o. b. at Eugene. In that bridge
the -steel .was: worth only $9540,
but the taxpayers ; paid for it $23j-700.-
'''-,: ,
. Most remarkable of all, ' in the
attempt ! to - depose ! State Engineer
Lewis- . is , tbe fact that Governor
Withycombe himself. In his inaugu
ral message recommended' placing'
of the : state highway engineer's
department in the office and under
the supervision, of State Engineer
Lewis. Here is.the governor's
recommendation to the legislature:
- I suggest that, the offices of istate
engineer and -state highway ' engineer
b combined. . UNDER .TUB STATE
ENGINEER, who shall have an un
salaried advisory board of three mem
bers, especially, qualified in road mat
ters, to ; cooperate, with . him in . all
that concerns estate -highways.- f-
The legislature followed the rec
ommendation. .;. It . gave .v the gov
ernor what . he asked. : -It - placed
the state engineer; according to the
attorney -general, lit full" charge of
all that "concerns state highways,"
but now that it' has been so ; or
dered. Governor .Withycombe joins
with State Treasurer Kay and,--over
the advice of the' attorney general,
attempts to depose State Engineer
Lewis as head of the highways and
install his deputy as head of the
highways. t -v- ." s -- .
The governor and the treasurer
are not- only making Governor
Withycombe's recommendation to
the legislature ridiculous, but they
are trying to compel State Engineer
Lewis to commit unlawful acts by
surrender of his authority to his
chief deputy-and at the same time
forcing him to give a bond of $10,
000 lor; the faithful ' performance
of duty by such jchief deputy.
,;i If - the governor . and state treas
urer : persist in I; their folly long
enough they will destroy . the state
highway department altogether and
discredit further attempt for an
Intelligent development? of high
ways in Oregon. .. , f - ,
OUR NEEI'FOB SHIPS
CONGRESSMAN ALEXANDER
told members of the Portland
K. Chamber of Commerce that
passage1 ofthe ship purchase
bill is necessary to an adequate ex
pansion ol the country's commerce.
He is chairman of the . committee
on merchant maVine and fisheries
and has made an exhaustive study
of the problem, j , (
Mr. Alexander brought home to
Portland . producers and exporters
facts which they cannot dodge. He
declared that under present condi
tions it costs four times as much
to ship lumber from here to New
York as it costs to manufacture the
lumber in the first place. One -Of
Oregon's chief industries :4s thus
throttled by lacki of ships.!
. Competent observers . the conn
try over are impressed more and
more with the need of an adequate
American merchant fleet. .The. shiR
purchase bill was strangled in the
senate at the last session of congress,-but
that did not settle the"
issue. Enough ships and reason
able rates are absolutely necessary.
Private capital is not meeting the
situation. Commerce on the seven
seas is controlled by gentlemen's
agreements, community of interest
arrangements and other secret al
liances which hold up rates and
suck the. life out; of industry.
Many honest men oppose govern
ment participation in the- shipping
business from entire ignorance of
the facts. Independent ship owners
dare not embark in ' shipping be
cause other so-called Independent
vessels secretly owned by the inter
national shipping trust drive them
out of the! business through cut
throat competition in which losses
are recouped from the earnings of
the trust. I ; : -
American private lines cannot
now handle South American busi
ness to any extent because of a
combination of five great com
panies, which , has established a sys
tem of rebates with South Ameri
can shippers. Even tramp ships
are kept out of that trade, so hard
and fast is the hold of the trust
upon it. ; "! .
As Judge Alexander well know?
and as he ' has repeatedly shown,
the shipping bill was beaten in the
Senate, by the monopolistic ship
owners and ship- builders, a small
and select coterie of American mil
lionaires who care nothing for the
country as a whole, but want the
nation's affairs regulated for their
especial enrichment.
Because of their power In the
federal Senate, the coming move
ment of the great " grain erop of
the United i States will be so ham
pered by lack of ships that the
farmers will v lose ' enormously
through being forced to pay three
times as much as they should for
getting a bushel of wheat to starv
ing Europe v -?
The ; announcement that a scion
of the house of Morgan is about
to wed a girl "who knows how" to
cook recalls the old . rhyme:
; "He used to dance with Annie,"
She waltzed with fairy grace..
He used to drive with Fannie,
Sha had! auchj a ; pretty face. . ?
;: ' f ' - ,f - - ' -But
he finally married Mary,
For she knew how to cook.
The expenditure of one and one
quarter -million dollars on the
county highways at this ' time Is a
big proposition and means a whole
lot. Future progress in highway
development hinges on the results
achieved. I - "f 'l-" ;
Forecasting a long war the Lon
don" Post advocates that home in
dustry be patronized in the pur
chase' of munitions , and " supplies.
The dollar that stays at home goes
the farthest. '
v At last Portland is going to have
a sane, and safe Fourth of July,
Americans pf , foreign birth and- an
cestry arej going to get together
and forget 'all about : th,e hyphen.,
The theory of a California phy
sician that j.basebaU will aid in re
storing sanity-; is - apparently a
sound one.i being based on the old
doctrine that like cures like.
r Five years - from j now we will
all know which is the ; best kind
of pavement for highways. : We
will not need to take the promot
er's word for it.
n Everybody I should be satisfied.
The Arizona, the largest; battleship
in the world, ' has been christened
with water; champagne and ' whis-
key.-'.- - .; ih;X-j,J,' ii,p. ,iJ;
i In war, like everything else) It Is
necessary to keep" 'near thebjkse of
supplies. On their march to Paris
the German armies got - too far
away from their base and : had to
stop. It was the same with the
Russians on their way to Vienna,
And now- the Teutonic allies on
their ; way to St. -Petersburg are
getting a long way from their base.
: One good turn deserves another.
Colonel Roosevelt 'took boxing les
sons from Miktf Donovan and now
Policeman T Donovan, Mike's son.
loans Archibald, the former; presi
dent's son, $25 with which to pay
his fine for speeding, y Cast 'your
bread upon the waters and after
many days it shall return . to you.
Hail and tornadoes In Nebraska',
rain and floods In Kansas and
Missouri, and yet there are some
people in . Portland complaining
about the June showers.
THE WATCH DOGS OF
THE BATTLE FLEETS
- Prom the New Tork Benlns Post.
SLEEK, dark. rakish, the thrcs di
visions of., the . Atlantic torpedo
flotilla added a new note of in
terest to the fleet of war vessels lying
at anchor in the North river Escorted
by the scout ship Birmingham, the
destroyers gilded up to their stations
on tha Jersey aide of tbe river, oppo
site the battleships, and anchored in
single file. As with the ' submarines,
crews of these venomous-appearing
craft are of a class apart from the
men of the battleships. The uniform
they weAr most often Is the blue dun
garee, spattered with grease and oil,
with .almost disreputable", watch-caps
reposing at "every conceivable angle.
Each destroyer, which contains a crew
numbering from 100 to 185, is a har
monious home, where 'officers and
men are brought into close contact,
and where mutual respect and under
standing obtain.
Today, for example, a grimy , chief
machinist's mate approached a young
officer in uniform, 'and without the
formality of . touching bis cap the
officers and men are thrown so close
ly together on these craft that con
stant saluting has fallen into the dis
card set forth - his case.
"We have gone over those baffle
plates, sir, and they: don'f appear to
show why we torched coming up the
other night. Unless, perhaps, they're
a little -leaky.'
:- "1 guess, perhaps, they, are leaky,"
replied the officer. "Walt a minute."
He went to his cabin and slipped on
overalls and a canvas Jacket, Then
he went into the vitals of the craft
and for half an hour worked with 'a
wrench, a lle, a steel saw, and sev
eral other implements.
"'J - ' -I'.. :
"ion could Just see his legs, and
the men of the engineering- division
stood about, lending a helping hand
when the muffled voice called for it,
but in the main ,simply; leaving, the.
issue up ti'-'lii. I young 'lieutenant
When he reappeared, hands and" face
blackened, and a long scratch above
the wrist, he smiled and gave the
men a little talk. That is to say, he
told these machinists, qualified men
all of them. Just what the matter
was and how he had made temporary"
repairs. As the machinist's mate had
surmised, the trouble was leaky tubes,
causing fire to escape from th fun
nels when the craft was speeding.
The officer returned to his cabin and
in a short time was on deck, immacu
late as ever. Throughout the best of
fellowship was displayed between this
man and the crew; the sailors knew
their places and -the officer knew his,
but above and beyond was that com
mon interest which close association
brings. The lieutenant knew more
about his business than his men,
which was precisely a, should be. and
he was as willing to get down and
grovel in the heart of things as they
were. '
"You know." he said, . standing on
the deck and gazing over toward the
big Texas, "w have outlived our
name technically. We are not really
torpedo boat destroyers any more.' In
fact, this name; has died out in .the
navy; we re . destroyers. There, are
no more torpedo boats to destroy, as
a matter of fact; pur craft, by way
of all-around efficiency, long aga rele
gated them to the scrap heap. But
what we really . are and should be
called : is battleship protector. That
is what we are , really. Submarines
have thrown the capital ; ship abso
lutely upon our protection. ' No bat
tleship is safe in submarine Infested
waters Without us. Give two to each
battleship there are not enough' of
ns to do this in our navy, worse for
tuneand that dreadnought will i be
pretty well "protected "from subs.
"Of course, it Is not absolutely cer
tain protection, but,, believe ' me, we
have been able to hold i up our end
against the submersibles. What our
maneuvers showed is not public -rrop.
erty yet, but I think 1 can say that
whereas the subs have put it over on
ns, we,. In turn, have turnjed a trick
or two at the expense of .the submer
sibles. - Tou see a submarine hates a
swift craft that can also make a quick
turn worse than poison.
" "Could two or three destroyers have
taken care of the Lusitania?" The
officer reflected a minute.
"They could have come pretty near
doing It, he said. "Mind, X don't say
It is - a certainty, but the chances
would be favorable for the destroyers.
Tou see." ' they can , scuttle : around
ahead, astern and alongside a liner;
and. even if they miss the submarine,
they can riddle a torpedo under way
with machine guns. . I wish 1. could
tell you how we put a submarine out
of commission with, a, drag- line be
tween two of us.-" 6f . coursctha line
broke, - and - the submarine " was only
technically out" of -commission; but.
had it been a chain, which, we should
have used In war The officer 'j
shrugged his. shoulders. 1
Proceeding. he ' pointed out - that,
aside -t from affording protection to j
tttleships, the destroyers . do valu-t
.w. i.ara on uiir own mcvvuuy ;
way of torpedoing capital ships of the
enemy. He said -that maneu ver, had t
pretty well demonstrated that two de-
stroyers can' 'make a Jot of trouble,
fa'r tL hatMeshin and that when -vou -
ror a Dattiesnip, and . mat 4wnen you
place four destroy era against " one
dreadnought, you are placing odds in
. . . , . i.
craft. Allow two destroyers, or per
haps one destroyer and two sub
marines, -to every 10 miles of seacoast,
he said, and you are pretty certain to
hold battleships sufficiently afar "off
shore to give - the - coastwise forts
many idle days. At' the same time,
you allow your own battleships to go
to sea and give them a wide radius of
action without bothering about the
protection of the coast, save; insofar
as they protect the -coast by fighting
and sinking enemy vessels before they
have get within sight of land.
Tou hear a sreat deal of the sub
marines in this war,' said another ofn
fleer, who came up at the time, "but
if the allies and the Germans really
get down to real, sea fighting, you
will see where the destroyer figures.
Very, often you hear battleship men
cite fthe war In the far east between
Russia and Japan" as establishing the
utility of the' battleships above all
other craft, but you must remember
that Admiral Tko had to nurse his
destroyers just as we would have to
do dealing the greatest injury with
the smallest risk to his comparatively
small fleet of destroyers. Had he had
more destroyers, we undoubtedly
would have heard a great deal more
of their ability to inflict damage with
their torpedoes.",.
A FEW SMILES
Officer (instructing recruit in slg
nailing) Didn't you
get that , message?
Recruit Tes,
sir; three taubs an'
a Zep'lin c o m i n
hover 'ill.
Officer : Then
w h.y the deuce
didn't you send it
on?
Recruit Well, sir, Hi couldn't 'ardly
believe it. - -
Lady Passenger (up In aeroplane
and n e r v o u s)
Hadn't we better
descend now? Some
thing might go
wrong with tbe en
gine.
Aviator - D o n't
worry, miss. NV en-
gine can prevent us
making good time
on the return trip.-
Letters From the People
( Communication aent to The Journal for
publication in tbla department abould be writ
tec on only one slda -jt :he paper, should not
exceed 300 wards in 'c-th and most be ae
eompanied by the name and address of toe
Bender. If the writer does not desire to have
tba nmw published, he shoold so state.)
"Diacnarion is the greatest of aU reformers.
It rj.tlonali7.ea eTerythiny" It toacbea. It rob
principles of all false sanctity and tbrows tben.'
back on their reasonableness, t they have no
reasonableoesa, it ratbleaKly crushes them ont
of existence and sets op -its own conclusions
in their stead." Woodrow Wilson.
. The Public Market Matter.
Portland, Or.t June 16. To the Edi
tor of The Journal In Monday's Jour
nal the spokesman of the Retail Gro
cers association criticises Mr. Bigelow
and others associated with the public
market. It is strange, after the revel
ations of Ivy Iee'a publicity campaign
in Colorado, in behalf of the Rockefel
ler interests, how anyone ' associated
with tbe Retail Grocers' association
can come out and work against an in
stitution that is of so much benefit
to the public as is the public niarket.
All this talk of. Chinese and Japanese
and other foreigners is an appeal to
race Hatred for the purpose of benefit
ing th . Retail Grocers, association.
Mr. Duncan knows, and we all -know,
that nothing Is said against the com
mission men who buy their produce
from Asiatics In California. Why? then,
use arguments to stir up prejudices
that will benefit no one but a clique
that are known to resort to extreme
methods? The members of the Retail
Grocers' association do not hesitate
to sell to j their customers produce
raised by Japanese Or Chinese g'lrden
ers. A survey at the position whence
comes the whine will reveal the cause.
When it comes to price fixing, it
has often been hinted that it 1 done
in , other places than ' on the ; public
market. A grand jury (not necessarily
a federal) investigation might reveal a
"combination in restraint of trade" nere
in Portland. : :
The trouble 1 not with the public
market nor with the Individual grocer,
but . with a condition. These "dealers
whose mlndr are so intent on their
business t that - they -haven't time to
think of anything else, allow a leader
to land them In such controversies as
this one over the people'aJrarket. Let
us hope they soon come to? Vir "enses.
Here s to the wideawaltff5rrocer who
is willing to abide by the Golden Mtule,
'- A CONSUMER -
INDEX OF ADVANCING
TIDE OF PROSPERITY
V" From the Chicago Herald.
- Specifications were received in
vthe Chicago lumber; market from
the Illinois Central railroad yes
terday asking for bids on 2,600,000
feet of yellow pine and approxi
mately 850,000 feet of cypress.
This is the largest single railroad1
inquiry received in- the local mar
' ket for several months, and. ac-'
-cording to "officials the lumber 1s-
J to be tiaed. in preparing freight
cars. . - - t
Officials . say -they have ; every
reason to . believe prospects of
reatly Improved, business condi
tinnsi in the next few months are
favorable, and it l their inten- t
tion to prepare for the movement
I of . the enormous crops predicted
throughout tne country.
The awarding -of this contract
Will make a totaof about 7,000.
000 feet . of lumber purchased by
this railroad since: the. first of the I
year, and there has -also: Been rt-;
'ceived at the CArbondaJe, J1L, and
J prenada, Miss., treating plants of f
toe company a, sau.uvv ceei ux um
bers and 329,000 lineal feet of pil-
I'ing to be used In repairing- and
reoulltxxiiK onuses- uuiiua - , luo
coming summer season. '
PERTINENT COMMENT
SMALL CHANGE
r
A. man never does what hia wife
expects him to. , . I -
;-hr beart, aad 8ec.
ond love mends them. . . . t -
1
' a self-made man a lifetime
to correct his b&d grammar. -i ;
, . - -
When two cats tlzht in the dirk
On the sea of" adversity the pawn
broker is captain of the watch I
There is always something " coming
to us that wjb should like to see side
tracked. - ,
- - ' ' ." . '
But a woman always stops talking
long enough , to give a man a chance
to propose. - -i. ....
e , I -
Love Is a malady of the mind that
wells the head but makes 110 look
like 30 cents. : i
- ' - '
A man's expenses flourish like the
weeds in his garden, wails his income
doesn't do much better 'than the gar
den proper. . --- - -.
' It is sometimes the case that la man
who refuses -to climb a fence i to do
somethinfc useful will tear down a
rock wall to make a fool of himself.
STATE ENGINEER jCONTRQLS STATE ROADS
OPINION BY ATTORNEY GENERAL BROWN .
-Following- is the full text of the
opinion of Attorney General i Brown-
rendered in response to interrogatories
presented by State Engineer John H.
Lewis concerning the respective and
relative powers and duties of the state
engineer and the ' state highway - en
gineer under enactments of the Oregon;
legislature, session of 1916: - j
State of Oregon, legal department,
Salem. Or,, May S, 116. (
Honorable John H. Lewis, state en
gineer, Capital building.
Dear Sir: "
I have before me your favor I of the
lsth ultimo, received during ray ab
sence, and will endeavor to answer the
questions therein r submitted in their
order: - j ,
1. Will the state .engineer, have the
"powers' of the state highway en
gineer under chapter 339. laws of 1918.
j when the consoli Jati6n bill ' (chapter
o, jaws i9ii; Becomes eiieciivc?
Section 1, chapter 337, page 537.
laws of 1915. reads as follows V
The office known as the state high
way engineer as defined by section 3
of chapter 339 of the-session laws of
1913 is hereby abolished, and the pdw
era, duties and work now performed by
the . state highway engineer shall be
vested in and placed under the charge
and direction of the state engineer, and
wherever in any law how in force in
the state of Oregon, the name f "state
highway engineer" appears it shall be
considered that the same "state, en
gineer - is substituted in- lieuthereof.
It will be noticed from the pro
visions of the section quoted that the
state engineer Is vested with the pow
ers and duties of and "to work per-
formed by the state highway engineer
provided in cnapter I3 or the laws or
1913. It is also apparent that It is
only the office of state highway en
gineer as ' a separate and distinct of
fice which is abolished and not any
of his powers and duties, .such powers
and duties being simply transferred to
the office of the state - engineer and
not abolished with .the ofice tof which
they were formerly attached by said
Chapter- 839, laws of 1913. j .
2. TO it be necessary for the state
engineer to file, an additional bond of
810,000." as provided In section 3. chap
ter 839, laws Of 1913? J-.. I
The filing of this bond is one of the
duties required by said chapter i339, to
be performed by the state highway en
gineer and consequently passes to the
state engineer by the transfer of such
duties under chapter 337, laws of 1915.
3. If the governor appoints a "chief
deputy in the office, of the state en
gineer," will such "chief deputy state
engineer report to the state engineer?
Tbe affirmative Answer to this ques
tion follows from the very words them
selves, r The word, "deputy is defined
in Second Words and Phrases, At page
5, as follows: v--"-'-'- :-. -; 1
The deputy is but the officer's
shadow and . doeth all things i in - the
name of the officer himself and notn
inr in his own name. I .
A deputy is one who by appointment!
exercises an office in another's right,
havinsr no interest therein - and doing
all things in his principal's name, for
whose misconduct the principal la
answerable.- i
A deputy is a subordinate officer au
thorized to act In place of the principal
officer In his absence. 1
It therefore follows that the chief
deputy provide for in chapter: 839
will be answerable to the state en
gineer for all of his acts and tbe state
engineer will be responsible j to the
state . and all other parties jrelying
thereon. - .... ' - - .
- 4. Will the state engineer be respon
sible under his official bond for the
acts of - his chief deputy and other
subordinates of his department?
The answer to this is determined by
the answer to question number three
as to the chief deputy, and it follows
that the f state ' engineer will j be re
sponsible also ' for the assistants to
said chief deputy, inasmuch as their
appointment by the chief deputy is
in effect an appointment by the state
engineer, . inasmuch as the - chief - dep
uty can perform no act by his : own
authority, but- acts only by the au
thority of bis superior- officerf vested
in and delegated to him by the law and
his appointment as chief deputy. .- -
S.'In the contract tecently executed
for the construction of the Mitchell
-pnint Mrinn at the fnlumhi. High
way, many points are left for final de-
ctsion by the .state; highway engineer.
He must appoint the engineer to direct
the work on the-ground, must Approve
vouchers, etc. , Will the words "state
engineer" be aubstituted for state-highway
engineer when reading this con
tract after May 22, . or will i it read
'chief deputy state engineer?";
Since chapter 337, laws of 1915;
makes the state engineer in effect the
state highway engineer, wherever
there is a duty to be performed or an
i authority exercised under contracts ex
ecuted at the time said chapter takes
effect, such duty and authority are
to be performed and exercised there
after by the state engineer ini his ca
pacity as ex-offlcio state highway en
gineer. This i Is f gathered t rem . the
terms of "the act itself. t It is also
fundamental that statutes relating- to
procedure and remedies; operate as to
matters pending at the time such acts
take ef feet. v And the transfer of pow
ers and duties - from. the ?offie .of
state highway - engineer to the state
engineer, - and ' the furnishing I to : the
state engineer of a chief deputy and
other assistants. Is a mere matter of
procedure and does not create any new
rights or duties in. respect to; any of
the contracts existing for the construc
tion of highways. at the time said act
takes effect.-Consequently the words
"state engineer, from and after the
time when , saii "chapter ; becomes - ef
fective are to be understood instead of
thei words " "state highway engineer";
or in other words," the state highway
engineer , from and after said i date is
the state engineer, i - - i -
6. Must the plans - and specifica
tions -for -any new, work be -Wenared
AND NEWS Iff BRIEF
- -) OREGON SIDELIGHTS
No nwsppr In, Oregon can excel
the! palter lemocrat! In picking up
item like, this: "Fruit growers in the
4:aster;t part of the county and ulin?
Snake river nay there will be a record
breaking; crop of peaches this yew and
of the finest 'juallty ever."
:', :V, r-v.: v-. ?r rV
fcnlem Stateman's O. K.' on the good
roads cause: "Multnomah county yesterday-
let the contracts for,, her 55
mlles-of paved roada. She is leading
thei wmv in Oregon; for all main high
ways will eventually be paved, in this
pneumatic ant) rapid-transit afte."
iX "0"' ' ' ' ' 'v." v- ' r'.J."" ;:'--
Astorianf The KJaskanlne fish hatch
efyi has proved its worth and the fish
and game commission will do well to
direct its attention in that direction.
The warm waters vof the lower rivtrj
8 re the best ror propagation, ana pro
visions should - be made to materially
add to the Increase of tha Klaskanine
output,.
Klamath Falls' remitation as a law
abiding city will be much enhanced by
the following, in the Herald: "In or
der to stimulate criminal business in
th office of the Justice of the peace,
the ppesont, incumbent, K. W. Gowen,
is conBldering euttinr down finns one
half, and if this dos not help, he
threatens to cut to SB per cent.
I under ! the general directions of the
state engineer and be approved by him
before inviting bids under section 12,
chapter laws of 1913?
This question is answered by tbe
answers to the foregoing ' questions.
It is a part of the duty of the state
highway engineer to prepare plans and
specifications, and this duty, passes
to:jthei state engineer by his substitu
tion as state highway engineer; or in
other ! words by his becoming state
highway engineer by virtue of his of
fice, "f .". v
t. If you should take the view that
the legislature did not intend to con
solidate the "power" as well as the
f "duties" and -"work" of the highway
engineer, with the state engineer, but
that two separate engineeringOffices
shall be maintained, will the state en
gineer be responsible for the loss of
any maps, records, equipment and furi
nitjure, of the highway engineer's de
partment in case he" should fail to take
possession of this material and trans
fer the sarne to his department as di
rected; by section , of chapter 837,
laws of 1915? v
; Answering this question I would say
that I do not take the view suggested
in ! the beginning of said question, but
following the well known principle
that the acts of the legislature are to
be received and construed according
to thei intention expressed therein, we
must understand that it was the in
tention of - the legislature to transfer'
and vest in the state- engineer all of
the powers, duties, authority and re
sponsibilities formerly belonging to the
state highway; engineer.
Section 2 specifically requires that
"all records, maps, charts, plans, equip
ment i and furniture t relating to the
work and business of the office of the
state highway engineer shall be trans
ferred and lodged with .the . state en
gineer." Also, as already seen, the
state 1 engineer is required to give a
bdnd for the faithful performance of
his duties. - v;. o-' :
I cannot understand this language
otherwise than as meaning the state
engineer : is responsible for all of the
property of the state as well as indi
viduals, coming Into his possession, to
the same extent as the state highway
engineer during the -existence of that
office;-- The only thing, found in chap
ter 337' tending to inject any ambiguity
Into It is that contained in section 3,
wherein it is provided that the chair
man of the state highway commission,
who is the governor, may appoint a
chief deputy to the state engineer who
shall serve at the pleasure or tne
chairman, of the state highway com
mission: that such chief deputy shall
have charge and direct supervision of
all work In the department which was
heretofore lrr charge of the state high
way engineer, add that such additional
deputies and assistants as the state
highway commission shall deem nec
essary in tbe road department shall be
appointed by such .chief deputy state
engineer, subject to the approval of
the state highway commission.
ITaklng these words literally and not
construing them in connection with the
remainder of the statute and the legal
principles governing the appointment
and authority, of deputies as herein
before defined, would manlf estly re
sult In an anomalous condition. For
instance, the chief deputy is to be ap
pointed by the governor and serve at
his pleasure, but he is a deputy to an
other :of fleer elected by the people, and
whose - authority is - prescribed by
statute. His duties 'are to -be defined
by - the highway commission, another
independent tribunal under the statute.
The Chief deputy is to have direct
charge of the work formerly performed
by the state highway engineer, audi to
appoint his own deputies and assist
ants as approved by the state highway
Co-mntf sslon.
ilA more complete mixture and con
flict of authority could not well be
invented, expressed, or even imagined,
if taken literally, but -as already sug
gested, this language if to receive a
construction according to the intention,
which must be ascribed to the legis
lature to enact a legal and -valid law
and not a nullity. --
j It has often been announced by our
own supreme court as well as by the
supreme court of the United States And
of the several states of the Union,
that the legislature elng one of the
three i coordinate branches of the gov
ernment must be credited by the Ju
dicial and administrative departments
With acting in g-ood faith in every, re
speetj and its acts are" to receive ever
intendment la favor of their validity
and the motives of the legislature are
not - to .be impugned by tbe other
branches of the government. '.'
J This being true, therefore, it Is evi
dent ibavt the Intention of the legis
lature in enacfing, said chapter 337
was to transfer the work, powers and
duties of the state highway engineer
to the state engineer with a chief
deputy to have immediate charge f
such work and to be in fact as well as
in nairoe a deputy to the . state engi
neer, and not an independent officer.
I The chief deputy state engineer hav
ing immediate ciiarge of the highway
work of ald office and therefore be
ing in immediate relation to the state
highway commission, it is provided
that he shall be appointed by the chair
man -.tot- said commission, and shall
serve at tbe pleasure of -said chair
man Jandper form such duties as are
prescribed by said commission. This
is evidently for the reason that such
chief (deputy shall be at 11 times in
fcarmonyswlth the state .highway com
mission and its chairman, and the f ur
ther authority given to such chief
deputy to appoint his own deputies and
assistants as approved by the State
highway commission Is for the same
purpose. None of this language, how
ever. Is to'be understood as depriving
the state engineer of any of his au
thority in adminVstering in a general
way -the work formerly performed by
the state highway engineer, nor as re-
TV T"1 -AK
ri r ,v ' , "a sr w j
-iX AAKLT SATS
Wr Trad toolday. tpaeial Sti Writ at
Tha Journal.
N. F. Nelson lives at Krownsvillr
A prophet is not without honor mv
in his. own country, and lrownsvill
has no realisation of the fact h i
one of her most interesting chararler
' He Is small, his hafr and benr.i a;
pay. Hard work and rheumatic
wV twlsled h, f'Kfrs out owhat
We sat on the porch of the Urownr
ville hotel for an hour or mn during tl'
Unn county pioneer reunion and h
told me of his past and his plans fo
the future. "I was born on a far
near Springfield, Sangamon ount
Illinois, on June 8. 1839," said Mr,.Nt-I
son. "I was 12 years old whrn
started for Oregon In mi. My father'
name was George II. Nelson, lie ol
ways spoke of himself as a Virginian
but he was born In 1807 In OeOrKl
and was raised in VirKiuia. M
mother's maiden name was Thetl
Norrls. She was born in North Coio
Una on July. 14. ,1S00." When fmlc
married her she was a widow wltu pi
children. Her name was llardcastl'
Ultimately six more children wer
added to the -family. We wintered t
rorUandin 1861. Father chorod aroun.
and made a little money.
' -"In February, 1853. I went to Orr
gon City and became an apprentice o
Asahel Bush on the Oregon Btatesmar
I was to work for him for five yen r
and was to receive 8100 a year. Mi
Rush used to sleep in the office. II
had a bed that was rolled up durln
the day.v At night he got it out an
nutde it up on the floor. I slept wit)
hire for quite a while. He wan a-voi -neat
younjr man, careful of his drew
and rather precise. He was a wonder i
fully shrewd man and a natural mono 1
maker. H0 became the state prlnif:
end had the law hooks printed in th
east at New Tork prices but ii.
charged Oregon prices, for,, the print
ing and made authors of money oi'
the work. j
"Dr. McLpughlfm end Mr. Bush wer."
good friends. Mr. Hush' would fro
fluently send me over to Dr. McLough
lln's with a note to borrow money t
pay off the printers. Dr, McLouKhll,
would admit me to his office whet
he had what seemed to mv boyish eye
great stacks of 20 gold Dices D.n
eight-sided 850 gold, slugs. Pr, M.
Loughlln was a wonderfully kindly ma:
though he, looked stern. lie mn.l
much of me and of course 1 gnatl
admired him. He bad long, white hat
which fell Ho his shoulders. He hn,
blue eyes that seemed to look elei
through you. He was tall and n
straight as a lance. j
"We had a printer by the name 01'
Zllber working in the office. H live
Just across from Oregon City at Llm
City. He had a daughter named Kui
genla. She used to come to the offtc
occasionally to see her father. Hh.
soon developed quite a -fondness fo:'
her father and dropped in to see liini
very often. Pretty soon I discover.-.
that Mr, Uush was returning the vir.lt
sne made to her father. He would c.ii
me from my work and say, 'Take thl
letter across the river.' Carrying thei
love letter's became a rtrettv stesul-
Job for me. .When the capital of Ore.
gon moved to Salem the paper followc"
the capital and when the capital w.i
Corvallis the Oregn Stateman picke.
up its type and presses and moved t.
Corvallis. Soon the capWal came bod
to Salem and the Statefman cam I
along and has been in Salem evt
since. .
"I carried the letter from Mr. CuL
to Rev. F. S.;Hoyt asking him to per j
form the wedding ceremony for Mr
Bush and Miss 'Eugenia 5.ilber.",Thll
Was in Ralem. President HoyC was u
the Willamette university, thouRh the-,
did nSt call it that in those days. H-;
was teaching a class and I had to k !
in and hand him the note. All th
students looked at me until I felt as i 1
I had shriveled all up and there wu f
nothing left of me but hands end feet!
President Hoyt smiled as he read th -s
note and told me to tell Mr. Hush h
would be most happy to serve him
Mr, Bush did not invite his printer
to the wedding I hsd been with Mr.
about two years and had- been proi
moted from devil to compositor nn
pressman. Henry Brown was tli
devil. He later became an historiBJ
and is the author qf an excellent -political
history of Oregon. About .
dozen of us, Including Henry Hrowi
and myself, secured some bells, ti
pans and a horse fiddle and held
charivari in honor of the newly maV
ried couple. We certainly made nlKh
hideous for a while. ;
"Most of the big men used to com.
in to talk with Mr. Bush. I remernb.
while we were in Oregon City, A. I,
Lovejoy used to spend lots of eve
nings at the office. As I slept wit'
Mr. Bush, in the office and as I was .
rather bashful and diffident boy,
a-pent my-evenings in the printing of
flee. Mr. Lovejoy used to tell abou
going with -Marcus Whitman durln
the winter and of how they got Iok
end ate " horse meat and Qoktt an.
about other .adventures on the plains
I listened .with Intense enjoyment,
asked Mr. Bush If he didn't enjo
learlng Mr, Lovejoy talk. He saio
'Well, I have .to listen whether I en
Joy ltor not. It won't do to offend .
man of his standing.
"In those days they were ver
abusive and plain-spoken in the pa pert
Billy Adams was running the Argus a
Oregon City.- I. W. Craig Was hi
foreman. , Mr. Bush always poke o
Mr. Adams as 'the deluded editor o
the Alrgoose.' He usually referred t
T. J. Dryer; the editor of the Week!
Oregonian, as 'Toddy Jep Uryer,' b
cause Mr. Iryer was pretty fond o
toddy and other liquors. The othe
editors in speaking of Mr. liuh 01
not call him Asahel Bush, but 'that a
of hell. Bush." John I. Gaines uxr
to use the personal pronoun e ko,
deal, so -whenever Mr. Bush spoke o
him in the paper he called him 'I, Jo)
P. Gaines." It made Gaines furiou
He got a rawhide, and following Mr
Bush to the secretary of state's of fit
one day, he tried to whip him. Seer
tary Hamilton stepped between th. n
and prevented the fight. Mr. Gain
said, 1 will rawhide you the firot tlm
I see you.' Mr. Bush came to the f
fice and told E, M. Waite, his preH
man, and. the rest of us about it. U
got his pistol out of his dek and eal .'
'As certain as that conceited ax, "I
John P. Gaines," comes here with l.i
rawhide and attempts to flog mo, J j.,
so certainly will 2 shoot him dow;
like a dog.' "
Iieving bint from any pf his responsl
bilities which formerly devolved vi
the state highway engineer. It then
fore follows that if the chairman v.
the state highway commission ghoul
appoint a chief deputy to the state ft,
gineer'who is not acceptable to tt
state engineer, the latter officer woul
not be bound to accept uia servk.
nor ' coutfthe commission author!
him to per ro cm any duties contrary t
tbe wish of his superior in oft t
from which It is evident that althou
he serves at the pleasure of the chair
man of said commisslon, he serves a':
to this extent at the pleasure of t
state engineer, slr.ee he is the depu;
to j the state, engineer and not to
chairman of; the his;.') way court;!.
.Very lespectfully yours,
GEOnOU M. EI!..)V,ni.
. ' -. Attorney Omit ,
G