v '.. - n - - "
THE OREGON- DAILY JOURNAL, PORTLAND, FRIDAY. JULY 7; 1916.
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!
AM tXPttPENDElVT NEWSPAPER, j
, " K- V VP"'..
O 8. iAt'KHON l'uhlleher
f i'ubllnijed erery dy. aneri'ooo nd morning
) except 8umlr rtermion . t The Journal
i -i 'Building, lU-o(Hra7 and KamhlU U.. Port-
- 1--4 IU
Entered it the ixmlofflcc t Portland. Or., for
. trsnatnUnl'.ii tiirougb tlx malls a second
: ! matter.
atr.KfHO.N'KS MId 7173; Ilouia, A-51.
v.. All deirtment reached by theae number.
Tell tli operator what department wn.wwt
lUUKKi.N Al)VKUTlflNi UKI'llKHKNTATI VB
V Benjamin It Kentnor Co.. Brunlck
. ,223 Fifth Ave., New York, 121S Peogje'
F. ' Oa ttl.ljf.. Ctileejro.
BubrrliIiiio trrina by mail or to any addreaa
Ja lb United State or Mexico:
' DAILY (MORNING OR-AFTETINOON)
'Oo aar........3 0 I Uua uiontli I .50
i 6i;nday.
On year $2.50 I One moo th .25
DAILY (MORN ISO OB AFTERNOON) AND
- HIWDAY.
One. year '...$7.r0 I Oiie mootn f .S5
America aske nothing for herself hut what
baa a rlbt to ak for lummnlty Itself.
be
Millions for defen-w. hut n"t a cet for
trtbuta. 1 CMAIII.IJS C. I'INCK.NBY.
He buys, lie sells, be steals, liu ki:i for
fold. Ihid.
a piioposi:i CHAXGK
E ARE gradually finding
out what wo otifct to
know. In an editorial that
is remarkable for its
frankness, the Oregonian gives us
a glimpse of what Is desired by
certain gentlemen in tho United
"Btates. On the Fourth of Julv. a
j.day dedicated to free-lorn of artion
. lor the citizens of America, that
paper said:
But It 1m true, undoubtedly, that
i President WUson KQtdm to follow puh
llo opinion. He does tint tlenj- 'it. He
avowa It. He rc-Kards hfms.-lf as the
.servant of tfie nation and the ln.stru-
ment of its will.
'' Then the OreKonian ouotpa thf
w
i,? Washington crrespondent of the
New York -Evening Post in an es
''timate of tho character of Presi
dent Wilson and Mr. Hughes. It
: Bays: f
; They haVe tho sanie Ideals of ln
ternatlonal policy, hut they would
.-; Aturely differ In tho execution of their
y respective purposes. The one sug
: ffests nn emotlonnlism that conceives
V1 ,l to 1,0 the lilBhest duty always to
follow closely public flcntlment; the
;! other brinffa out a calculating logic
that vlev;s "the facts of the day, trusts
. neither to fortune nor to luck, but
,. attrlkes out in cool Indifference rather
.-(. than ieferenco to tho plaudits of the
5 crowd. Aggressive leadership would
't;-- be characteristic of Huphes In cir
eumstanceai In which Wilson would
patiently await tho crystallization of
public opinion.
Applauding Mr. Hughes on the
ground that he will pay no atten
;t tion to the public will and be
r guided by his own will, the Ore
r.' gonian solemnly inquires, "Do the
American people want to be led
v. or to be followed through grave
..; ' national crises?"
Refusal to consider the wishes
of the people would be absolutism.
j; The czar, tho kaiser, P:mperor
Francis Joseph and the other mon
archs did not consider the wishes
:? of their sabjects in making a great
Tar- If they had. if they had given
i .i-ueir peoples a chance to show
: their sentiment, there would be
? ' , no agonizing world welter,
r,:; George HI used "a calculating
logic" and struck out "in cool in
difference" to the sentiment of
,. the American colonists and of the
Intelligent people in England when
- - he placed a tax on American tea.
Tn world knows the consequences
of that "calculating logic" and its
. "cool indifference" to public sentt
inent. ' "Cool indifference" is the be-
ginning of tyranny. "Cool indlf-
ference" and aggressive leadership"
re the working tools of the des-
.pot. It is extraordinary to hear
.in this republic a demand tor
power to come down from above
regardless of the wishes of those
below.
"Do the American people want
to be led or to be followed through
grave national crises?" says the
Oregonian. That is to say, do the
American people want to repeal
th Declaration of Independence
with Its provision for "consent of
the governed?" That u tn E,
!, do they want to be governed by
a emulating logic" and "a cool
lridlfferencf" without their con
sent? That is to say, do the American
people' wish to amend the Declara
tion of Independent hv Rtrtno-
'out the words, "deriving their just
yuwcis iiuiu mo consent of the
governed" and inserting the words
"deriving their just powers from
the consent of the president"?
This is the doctrine of Europe.
It Is the doctrine of the orient!
It Is the doctrine of antiquity.
Why do the American people
have to e led? Who of th Am.,.
Lican; people feels the need to be
led? Who amone them wanta hia
r thoughts and acta made for him
1 rtv 'Volenlotlnir lnir" i i. .
Indifference"?
What mother amone" them vnti
& war made hv "roAi fnriiffaTMA
Z - " - va.v.4, t UVQ
and "calculating logic;" a war to
I Wct, -without being consulted,
j Bhe must send her sons, her broth
ers ana ner au:
t ;;rr
j- The question is what next ' step
J ""ill - the Interstate commission
s take ? - If It applies the mileage
yardstick in making rates as con
r gress would once have required It
to do If one more vote had been.'
available, what will Portland do?
Will we hasten then to shut the
stable door, the horse having
flown?
A.rUBLIC WROXG
LITIGANTS of Multnomah coun
ty, during the past nine years,
have spent, through the coun
ty clerk, forty thousand dol-
lars for law books They have
m,t uuue im oi tuetr own imua-
tive. or because they thought it
was incumbent upon them to do
ueVlulBO lue ul lU8i
Multnomah bar were too poor to -
uuy meir uwu uuun. mvy
done it because a delegation from
Mllltnom&hrfonntrv harl a law en-
frt.7x.ir in V i o A7
acted by the legislature Of 1907
trr PVPrv man whn fi.rl a
" , . ., . , ....
plaint in the Circuit COurt Of Mult-i
nomah county one dollar for . a i"
"law library fee," while each deJ fP"? Hd you thought about
fendant was required to pay half!.1" The D" AR" has' and WOuld
,v, t .like your assistance.
that amount
Under this law it makes no dif
ference f whether the amount in
volved in litigation be ten dollars
or ten thousand, no man may pros
ecute or defend in the circuit court
unless and until he had added his,
contribution to buy law books for i
the use of the attorney whom he I
has hired to represent him before 1 ant that his pleading was evasive , tizens of Germanic extraction,
the bar of justice. I and bad, and. If he had dona that, Wnat are The Journal's motives In
U) ,..,D.-r,ii i,. I the attorney would Immediately have say'n,g: ,m
is an unconscionable PlaQ I ameiujed his answer, and there would i ot course, if the German propa
worked under the guise of a law ; then have been no reversal of the 1 ea-ndlsts can succeed. In beating
which is very probably void for ! case on the appeal. I President Wilson, in Germany it
... .. ri , I . , ... I will be regarded as a triumph. It
unconstitutiona4ityj Tho man who i That is to say. the court did re-'wm convince Berlin that Germany,
is so unfortunate' as to be com- ( verse the case because, the widow's 1 1 h r o u g h 'professional' German
pelled to litigate meets expend!-; pleading said Traffic Officer White i Americans in this country, holds
ture enough in the ordinary course ' while on duty at a street crossing ! g'ttteslt6 wTnbV'noVe1 to'thj
of events without being saddled; did not "carelessly and negligent- j world ' hat Woodrow Wilson hatf
with the upkeep of a law library, j iy" turn hia- back instead of say-' been punished by German-American
Auto collisions at street inter-
sections happen often enough to
be a warning to drivers. They are j
O-f finch frfmint nfcnrroncB in .
Portland that they raise the ques-1
tion wnciner some new regulation
must not be irovicled. It is a
growing problem that should pro-
foundly interest the authorities. j
AN INDUSTRIAL AKMY the fact remains that the 1910 i political philosophy, to gain your end
amendment places in the hands of j ,undeT ffi- pretenses and by clrcula-
Dt? lvnnna unTPiuvonv ,olt . , , , ..ling insidious news you cannot sub-
It. OODS HUILHINSON has the supreme court the right and stantlate?
come out for universal con- the implied duty of overlooking Who fo.ji the "National Council of
scription which he sugars trivialities so long as substantial I Teutonic Sons of America" you speak
over with the phrase "mill-I justice is done. It was within the I j a,n vher wh?n have they
tary training." But without con- court's province to direct attention i rtin"
scrJption there can be no universal to -4-he alleged looseness of the ! tion or sympathy to give their voice
military training. Hence it all pleadings as a warnfng to attor- and BUPPrt to the cause of securing
comes to the same thing. In his neys and at the same time to ren-1 V1 t-wJ" df fntl'
. . . , , . , . . . 1 And when and where did the German-
opinion this is the only highway j der a decision on the merits of ! American alliance hold mass meeting
to 'democratic efficiency." Still ; tbe case. That is what the 1910 for the purpose ot "punishing Mr.
wo venture to think there Is an-; amendment was adopted for j WiIson?"
0t'!!r :ay- t . .. . ! . Whether the dead traffic officer IZullns oWmanTc- ex'trS!
If we must nave universal "carelessly and negligently" turned ! tion to act in accordance with the dic
training" why should it not be in ; his back or "carelessly OR negli-' tates of their conscience and interest
the arts of peace and for peaco ; gently" turned uls f back is a triv-i tnemSelves ln men wno are not Eng"
Instead of in the arts of waT formality and 'a trifling with justice "red, English led and English fed.
ru u- . ! . v. i iiiiuiig wilu jusulb, i There will come a time when the
war? The chief efficiency which a time will come when such things i Jingo press, "that despised substance
we want in thts United States is I will not be tolerated bv the neo- i of divinest show," will be held to
productive efficieLcy. The produc-1
tivity may be of the brain or the !
band. Both kinds are needed. But !
they cannot be secured by military
training, for that is utterly
frnrliictivf Tr Hnna nrr rV, a
7' rr:r,"r wrr r
...cw, ""J"""S oul ue a
soldier. And being a soldier is not ,
particularly useful in time or peace. '
ur. xiutcninson could serve his
country better by advocating a uni-1
versal industrial army in which all
our people should bo obliged to
enlist and where they might learn
some useful occupation. Incident-!
ally it would not hurt them to
learn the tricks of the soldier, but
the main object should be to ac-! which has been duly filed and will
quire habits of useful industry. ' be on the ballot next fall. The bill
Since we must always have an.I'ufs an end to compulsory vac
army, gome have suggested that cinatlon. In fact it puts an end
it might be made to pay its way to all kinds of compulsory medical
by employing it in times of peace
upon pifblic. works like roads and j
bridges. i
It would be a better way to sup-
port an army of the proportions !
that is so near the heart's desire :
of some of our eminent gentlemen
Is your name on the honor roll?
The honor roll is the list of those
who are contributing a monthly
sum to aid families of absent Ore
gon guardsmen.
I.IKBKXECHT'S AVIJY
THERE Is one man In Germany I and compulsory cleanliness have
who persists in saying "why" j just about stamped out some of
in spite of the war and mil- the worst diseases that afflictpian
itarlsm and autocracy and 1 kind,
everything else. We ."don't dare to j Now that we have been freed
think what Colonel Roosevelt from their immediate dangers, it
would do to this man, whose name ' is of doubtful policy to break
Is Liebknecht. The colonel hates
the word "why" and Liebknecht
has it on his lips most of the time.
He has even ventured to ask "why
the war?" and has been convicted
of high treason for his audacity.
But Dr. Liebknecht's punishment
is not severe. It is only thirty
da,ys in jail.
Perhaps Dr. Liebknecht's fate
would have been a little more bit
ter if the authorities had not
known that he had sympathizers.
Many of his countrymen-are grow
ing weary of slaughter and begin
v, "o.v m0 -..j ui 41. wim ur. Laeo-
knecht.
T,TI iL .
wuen tae war lords or i
the various countries are forced to
race tnis question squarely we
then will vision utter ugliness in
this causeless war.
If an Oregon guardsman goes to
war instead of you, don't you owe
him something? How fares it
with his family?
WIIAT IS A BOSS?
PRESIDENT WILSON has given
the country a pretty good def
inition of a boss. It is con
tained in his letter to Mr.
Heney thanking that rigorous gen
tleman for his offer of support in
the campaign. Mr. Heney is one
of the original Roosevelt nien and
he does not quite see his way to
tie up to the candidate whom hia
.7;;': 'vvrr 'V'ir-H ri
great ;. leader characterized a "a
Baptist hypocrite." So he la going
to vote for Wilson and make
: soeeches for him too. We may
mention by the way that Mr. Heney
can make a very fair speech when
ht gets his dander up.
Mr. Wilson's definition of a boss
runs in this way. A boss is a man ;
who "tries personally to conduct
and control our choices of presi
dents and of policies." Rather a
nfcat deflnition. we think, and all
tb more 6oothing to the soul be-
the presldent does not split
ni8 infln!tIve. You notice he says
personally to conduct, and not "to
personally conduct." Go thou aftd
; q0 likewise
j :
.
1 Now tha the Oregon guardsmen
j . . . J . . .
haVe been Sent t0 the border, what
j abOUt the families Of those Whose
, . . .. - , AW ,
i fevji'riuiT -j r niii 'fin i i ri n in ' ii t r i u r- '
AXD" OK "OR"
o
N THig page "Amicus Curiae"
defends the "and"-or-"or"
decision of the'supreme court.
He says:
The trial court etjould have in-!
fomifd the 9ttrnv for thfi defend-!
ing he did not "carelessly or neg- i
ligently" turn his back. Because
she did not use "or" instead of
"and," the high court reversed the !
ran and fnrcoH o nam trial tvUh '
mounting court costs.
Granting, ror the sake of argu-1
ment. that all "Amicus Curiae" I
says respecting what the trial court
should have done and what the
widow s attorney should have done.
pie, and it may come soon,
Oregon hag naid enough fomthpr
! people's reclamation. After more
un-'than ten million dollars has been
Ka -niA : u n. . t
'"It uul . lraCUOn
it returned, uresron snould now be
allowed to use the 40 Der cent of I
grant land money for reclamation I
on Oregon reclamation,
VACCINATION
T
HE anti-vaccinatio-nists seem
to have found much support
in the campaign for signa
tures to their initiative bill
treatment. In an epidemic this
might make things disagreeable for
the public if the bill should become
a law.
Experience has demonstrate
pretty clearly that
clearly that compulsory
medical treatment is the only de
r , , . . '
icuoe wo atiuou luw spread
of such diseases as smallpox, chol
era, bubonic plague and the like.
In medieval times it was usual to i
treat these epidemics by proces
sions, and prayers, but" that was not
as effectual as could have been
desired. 0
Compulsory medical treatment
down all defenses against them.
The consequence would be a cer
tainty of an ultimate outbreak of
epidemics.
It would he a. terrible lesson,
but it may turn out to be un-
avoidable.
MUCH TO BE DONE
w
1TH the completion Of the
.
Multnomah county link ofr i. lcCi,u" "v" wn,
, , , " "l when reason has prevailed once morr
the Columbia River high- over senseless chauvinism, then will
way, me residents or Fort-1
land
should not relanse - intn a
. - "
'V,.rV,f tfcf. t I
"" b'ci iiuuiue-,
ment 18 flnisned
As a matter of I
! fact, it Is far from done. There
Is yet much work ln Clatsop and I
Columbia counties on the west and
ilood River and Wasco counties
on the east.
T nnAniF 41, 1. 1 i I
. In speaking of the highway a
Strict regard for accurate 8tate-;
I ment is tq say that it is only !
'partially completed. j
Even in its . unfinished Stage it Germans in America. This Is far
has demonstrated its value as an from being the case. Those who call
asset Of the state and foreshadowed themlvea German-Americans seem
its canacitv as a revenue nrodncr to VPl animated with nothing
us capacity as a revenue producer but sml8ter purposes. There is no
when it reaches from the ocean such animal as a German-American,
to the eastern boundary of the fori those who call themselves Ger
gtate ' man-Americans are neither Germans
The situation demands that all
the communities directly affected
by it should cooperate harmoni
ously and do their utmost to make
It a finished work. it ' Is not a
time for criticism or chareea of
local discrimination or diversion of
travel from certain points. When
barriers are overcome and the way
made safe and easy no ulterior In
fluence can divert the current of
travel which always follows the
line of least-resistance.
Having finished their portion it
Is now incumbent on the people
of Portland to lend encotwagement
and aid to the other counties. In
fact, there is a moral obligation
upon those who have taken a most
! prominent part in highway affairs
j to do so.
Letters From the People
ICommunlcatloiii aent to The Journal for
publication la thl. department ahould be w-it-
I ten on only one aide of tbe paper, etioold n-,l
; aoo word. In lgth. U be c
by tbe name and addrea of tie
aender. If tbe writer doea not delra to have
tbe name publUbed be should so state.
"Dlecuaslon la tbe greatest of aU reforn-era
It rationalizes everything it touenea. It robs
prfcclples of all false, sanctity and throws the in
back on tbeir reasonableness. If tbey bare no
reasonableness. It ruthlessly crushes tbem out
o' existence and aeta up Its own conclusions In
tbeir atead." Woodrour WUson.
A German-American.
Portland. July 6. To the Editor of
The Journal "It was no heroic deed,
Octavio." ,
What Infamy prompted the lntel-
lecual Pfoatltute of The Journal to
lnake malicious attacks on American
c"iZens
for his vigorous course
t,, , tv,!' .
marine controversy
"It m also be notice to all na-
tions that no president of the
United
States
oppose
the
wishes
of the
German imperial
govemmenK without being penalized
therefor by overthrow at the polls."
Are you trying to win sympathy
for Mr. Wilson by creating dissension
among American citizens? Is this the
cardinal principle of your national
"strict accountability."
EDGAR "WINTER.
A. German View.
Portland, July 5. To the Editor of
The Journal Mr. Penner's letter in
OUT 1!
your issue of July 6 is a direct ar
r;raignment ot the intelligence and
patriotism of the American citizen of
German descent Fortunately, it
"eems Impossible to take him seri
j of his type and of his way of think
ing should presume to speak in the
name of thousands upon thousands of
intelligent and patriotic citizeris, who
certainly must deny Mr. Penner the
right to speak for them.
I am an American citizen of Ger
man descent and am proud of both
facts. Furthermore, I am just as
anxious to see the Germans come out
victorious ln this terrible struggle
as is probably Kaiser Wllhelm him
self. However, I am not narrow
minded and blind to the dictates of
humanity. I most strongly commend
in the recent submarine controversy
with Germany. I believe with thou
sands upon thousands of serious but
intelligent Germans that the subma
rine warfare, as waged by the Ger
man naval authorities, was a warfare
or rngntruiness. offending every
rightfulness. offending
- ' JL18.. Humanity and civilization.
..The heart of every decent German
revolted against a policy inaugurated
by a clique of wa.- mad and victory
intoxicated Individuals. Thinking
Germans like Maximilian Harden,
probably the greatest living editor in
the German empire, and newspapers
which actually represented the feel
ings of the German people, like the
Vorwaerts, had nothing but contempt
for. those who were responsible for
the recent submarine warfare. In
this, they were undoubtedly sup
ported by hundreds of thousands of
patriotic Germans whose mouths re-'
mained sealed, simply because they
did not believe this to be the proper
time for protesting against that pol
icy. The sinking of the Lusitania
will remain a blot on the pages of
German culture and civilization which
it will take centuries to erase. Presi
dent Wilson, to my humble way of
thinking, through his successful pro
tests to the German government, has
rendered an everlasting service, not
onlyto the cause of humanity, but
also to the cause of German culture
and civilization, which are synono
moss, ln spite of the mad rambling
of some irresponsible Germans. By
his protests. President Wilson has
called Germany to her own senses.
When the war is over, when the ex-
J I M 1 1 1 . . , . ,
the world, and Germany especially,
'cnmfl to n nnrpcla ta tYtr m o en (flnnt
aiuiuae oi i-resiaeni wnson. it Is
my belief that those German.
. ' .
America wno are citizens ought to
vote for President Wilson, not In
6Dlte' Dut because, of his protestations
?5T'D81 lQe eran suomarin. war-
During the last few months, a lot
of self appointed people catling them
selves German-Americans have been
laiMUi iucii ucaub uii against WDftl
they can the unneutraiity of Presi-
dent Wilson. Matters have become
,0 bad that the native Americans have
come to think that these individuals
nor Americans.
As an intelligent German and as
a patriotic citizen of. this great coun
try of ours, I believe that President
Wilson is absolutely neutral in the
European struggle and. for that rea
ob' 1 shall vote for him and shall
; .'-:;r ; ..r , , ' r r,,: -:-:-
,f':::. ... : -r 'rrr-
work for hi election whenever and !
wherever the opportunity to do so '
hall present itself.
LEO . J. FRACHTENBURO. ,
"And" and "Or' in Pleading.
Portland, July 5. To the Editor of
The Journal Both The Journal amd
the Oregonian have of late criticised
the rule of pleading that requires a
defendant in hfi n w p r to use the dis
junctive conjunction "or" where the war. ad for once the peopia can
conjunctive conjunction "and" has i Krc wn him. m
been used in the complaint. This ! Oregon troops have been assigned to
rule Is well settled in code plead- guard San Diego s water supply, but
ing. and every lawyer and trial .rf.i"1 wcilonltself n,u,t look
Judge ' ought to understand it. lt Iler us walerwa0?
la not dependent upon "arcjiaic prece- President Wilson thoroughly under
dents" for it anroorL Everv tvro in 8tands tn people when he says they
th? ?a- i. -f. 7 tL hat ' Bee the necessity of keeping discredited
the law is supposed to know what a .political bosses in retirement.
"notrurHva Tifoo-nant" im In nlooln cr Anil 1 am
to avoid it. The rule is based on reason
and logic. This rule may be found in
all recient treatises on code pleadings
such as "Pomeroy's Code Remedies,"
"Phillips on Code Pleading," "Boon on
Code Pleading." "Bliss on Code Plead
ing" and 'Sutherland on Code Plead
ing." Cach of these treatises sustains
the rule, and the supreme court of Ore
gon has sustained it.
"Phillips on Code Pleading," section
361, discussing this subject, says inter
alia:
A very common fault in pleading is
the denial of some particular averment
in such form as to imnliedlv admit a
in such form as to impliedly admit a
part of what is apparently contro
verted. Such evasive and ambiguous
form of denial Is called a negative
pregnant, because it is an express de
nial, pregnant with an implied admis
sion. . This fault comes from framing
a denial in the same words used in
the allegation denied, and arises mainly
in two Instances."
The author then gives an example
of the first kind of negative pregnant
referred to, and ttien, in the same sec
tion says:
"The other instance is where two or
more facts are stated conjunctively,
and the denial is in the same words.
For example, if a complaint allege
that the defendant "wrongfully and
forcibly' entered (upon the defendant's
premises), a denial that he 'wrongfully
and forcibly entered, admits the entry
and denies only the force or the
wrongfulness, and makes it uncertain
which of these is controverted."
Sutherland in hia work on code
pleading, published ln 1910, in section
417, discussing this question, says,
inter alia:
"In an answer to an allegation that
an act. was 'wrongfully and maliciously j
done,' a denial that it was 'wrongfully
and malicfously done' does not put in
j issue the doing. Likewise, where a
complaint avers that defendant wrong
fully broke down the plantiffs flume,
an answer denying that the defendant
wrongfully broke down the flume is an
admission that the defendant broke it
down, and Is a denial only as to the
wrongful nature of the act."
If a complaint alleges that the de
fendant wrongfully entered upon the
plaintiffs premises and destroyed a
field- of wheat growing thereon, and
tha defendant, by his answer, denies
"tliat the defendant wrongfully entered
upon the plaintiffs premises and de
stroyed a field of wheat growing
thqreon," such a denial admits by im
plication, according to the authorities,
the entrv unon the Dremises and the
destruction of the wheat, etc. If a
plaintiff alleges that the defendant did ' reau of tho Chamber of Commerce
three things, connecting the three tells us Mr- Friend in Salt Lake,
things by the conjunction "and," and I that lts allowance for everything in
the defendant, bv his answer, denies 'J eluding salaries, this year was $5000,
that he did the three things in lpsis
verbis, using the conjunction "and,"
such a denial is evasive and ambigu
ous, because it denies that he did the
three things as a whole. A denial that
the defendant assaulted and knocked
the plaintiff down does not deny that
be assaulted the plaintiff or that he
knocked him down.
Our code'-now permits two forms of
denial a general denial of each allega
tion controverted, or a specific denial
of each allegation. If the defendant
elects to deny specifically, he must do
so and his denial must be free from
evasiveness.
In the case referred to by you. you
say that the point was made in the
trial court that the denial, using the
conjunction "and" instead of "or." was
bad, and that the trial court "brushed
the objection aside."
There was where the mistake was
made. The trial court should have In
formed the attorney for the defendant
that his pleading was evasive and bad,
and, if he had done that, the attorney
would have immediately amended hia
answer, and there would then have
been no reversal of the case on the
appeal.
A lawyer should never try to con
ceal his Ignorance or his carelessness
by shouting "technicality." He should
not attempt to practice law until he is
acquainted with requirements of code
pleading.
Our code Is very liberal in allowing
amendments, and in disregarding errors
that do not affect the substantial
rights of the parties. But a defend
ant must take care to deny everything
that he desires to controvert, and he
must avoid evasiveness and ambiguity.
AMICUS OUR1AE.
Defends the Foreign Horn.
Portland. July 4. To tho Editor of
The Journal In so-called patriotic I
sermons delivered last Sunday two
Presbyterian ministers took occasion to
Insult and abuse citizens and residents
not hnm 4 n tha TTnH a1 Ktitaa An 9
these. Dr. J. II Rovd. m th t.r.i.n
population is a menace to the Ameri-
h , r ,
be amo. ? H Ctl "!e
best and most loyal citizens are to be .
found among the foreign born.
Dr Boyd could do better by preach- ,
ng the gospel and also denouncing the
no cm. . v 11 lllUlllUUlig LI1U till- !
plements of war and the unneutral j pean Btatesmanshlp steadily is roount
and pro-British attitude of the admin- fng and the end not yet in sight,
istration. But not a word against j of the 2,500,000 men who were ln
these things. It is considered good
Americanism, in the opinion of this
very worldly gentleman of the cloth,
to. denounce the foreign born. This
has become a favorite pastime among
so-called native Americans. All the
way from the humanity apostle in the
White House, down to a Presbyterian
preacher, the same silly cry Is heard.
But please remember that this prop
aganda Is not conducive to loyalty, but ! and an Ignorant knowledge of the sex
rather the opposite, and the conse- relationship; to the fact that the ado
quences might be far from pleasant. lescent has not been taught the true
VICTOR NEWMAN. conception of the sacredness and con-
, ' "SV, , servatlon of the sex impulse?
People AOt to-Be Misled. I It leem, to me that the hasty, un-
Clarno, Or., July 4. To the Editor kind arrest of Margaret Sanger, and
of The Journal Jt does me good to , the attachment of the word "obscene "
hear men like Emmett Callahan and to the work of this hlghvmlnd-d
M. E. Wattemaan come out and ex-1 woman, savor of Comstocklan hypoc
press themselves as they did ln The j risy and mental limitation, and work
Journal of July 1, for it takes a man an immeasurable hardship on the
to do it. And let the Oregonian howl. stranger within our gates,
for every issue of that precious sheet , MARIE IX EQUI. M. D.
spells success for the ticket it opposes, i
The people are not going to be misled I
by the radical hot-headed stuff it I
prints. TOM CRAIGE.
Differs With the Major.
Portland, July 3. To the Editor of
The Journal I understand that Mayor
Albee Is overly concerned with tbe ef
fect -Margaret Sanger's writings may
have on the morals of the adolescent
of this city
May I ask him if the sporadic out- i
breaks of uncontrolled ex Impulse i
which have occurred at various past
times ln our public schools are trace
able -to Margaret Banger's writings?
Have they not been due to a misguided
PERTINENT COMMENT AND NEWS IN BRIEF
T"
SMALL CHANGE
Carranza's friendly and sensible note
reads as though he has begun to listen
to- good advice. -
Rockefeller hopes there won't be
the camel as their party emblem, seem
. to lgnore the fact" tht hJ car'rie.
considerable supply of drink with him.
Lloyd-George has scored again with
a settlement of the Irish question. Dflt-
I ain tnus nas another reason lor being
graxeiui to ner nrst citizen.
Department of agriculture experts
say meat prices will continue climbing.
Looks as though the auto owner soon
will have to choose between beef
steak and gasoline.
New York's epidemic of infantile
paralysis is especially terrifying be-
1 caUBe of ,ts innocent victims and th
! further fact that medical science is ai
e
most neipiess against it-
So many American business records
are being made that not enough atten
tion is paid to our more than two bil
lion favorable trade balance for the fis
cal year ending June 30.
Another test of patriotism will be
the material support given the Patri
otic League of Oregon" in its efforts to
provide an adequate emergency fund
for families of enlisted men on the
border.
Some of the Mexicans who left the
United States to take up arms against
us now want to get back into God s
country. Rut I'ncle Sam's immigra
tion officials have decided that Mexico
is good enough for them. .
JOURNAL
67-0n Making Portland's Attractions Known
Now comes a letter which does not
attempt to deny that the , country
about Portland Is most ecenically
beautiful and more attractive to tour
ists that have sought us out than
any other region, but asking th
question :
"What is the- matter with Portland?
Why not have some folders like the
enclosed stating a few facts as to
the scenery and summer climate of
your city, which surpasses any other
city in the country.
"The only matter advertising Port
land is a folder of the Imperial hotel,
and in looking over the racks in
hotels from coast to coast one never
sees anything about Portland. - We
sure have a grand highway (the
letter Is written from Salt Lake City)
but we are not saying anything
about it; so if your city does not go
ahead, please blame yourselves.
'When I am in Portland again, I
j v,n. t ,, .hat ..
,-ou have waked
up the Chamber of Commerce as to
this matter."
Th publicity and conventions bu
and that the pretty Denver book
which, among others, Is given and de
serves your praise, is one of the pro
duets of a $90,000 appropriation made
for tbe purposes of Denver publicity
alone.
FODDER FOR
From the Washington I'ost.
If the honor of the United States
can be maintained by peaceful meth
ods, who shall say that the" nation
should go to war?
Those who want war must be will
ing themselves to sacrifice their lives
upon the altar of national devotion.
None but a poltroon and coward
would fail to make the sacrifice If
the honor of the country were at
stake, but only those who are In full
possession of all the facts ln the
Mexican situation can decide what
the national interest demands.
What man in public life, what of
ficial or orator in the market places,
can say that he Is more Jealous of
the national honor than are the people
themselves. The honor of the nation
is sa-te in the hands of the American
people.
And what are the people saying?
What are they thinking as they walk
through the streets? What are they
paying about their own supper table
after they have returned from their
daily work? In one of his epeechej
President Wilson said:
"I would a great deal rather know
what the men on the trains anJ by
the wayside and in the shops and on
the farms are thinking about and
yearning for than hear any of the
vociferous proclamations of policy,
which it is so easy to read by picking
up any scraps of printed paper.
Those who are expected to sacrifice
their lives upon the battlefield, the
fathers and mothers who yield their
sons and who yield them willingly
when the honor of the nation Is at
stake, should have something to say
about the ques'.ion of war,
Two millions of the men of Europe
lie in their graves as a result of the
mad war that is still in progress, and
t th honor of tbe naUona involved
t been gatlsfled.
A Verdun 300,000 of the finest men
of Krancei Germany and England lie
i dead. Tbe toll demanded by Euro-
the Civil war on the northern site,
more than 1.000,000 were below tha
age of 21' years, and the fathers and
mothers, sisters and sweethearts were
left behind to agonize and mourn.
e
It is not the corporations, the
land owners or the captains of In
dustry who have the vital Interest in
An Issue of Hours.
Portland, July 2. To the Editor of
The Journal I see published in your
paper an appeal to the public In re
gard to the settlement of the question
of hours of labor for trainmen on all
railroads. They also appeal to the
Interstate Commerce Commission.
The public and tbe commission know
eight hours is long enough for any man
to labor. The men will likely get their
demands and the commission will raise
the rates for the railroads.
It would be an act Xf humanity If
the public and the commission would
look into the condition of the ware
house men. They are of as much or
OREGON SIDELIGHTS
The $5000 bonds for the manual
training building for the Fossil public
schools have been sold to eastern in
"vrstors, and work will soon be com
menced on the building.
Poultry item in Lebanon Express:
"Prank Hadley, who lives near Halsey,
has, a turkey nen that is raising six
young China pheasants. The turkey
half a dozen of the little game birds
were hatched. .They are now over
three weeks old.
For the first time since Hood River
county was established, six years aso.
an official county flag was flown last
Tuesday, July V from the old school
house, which Is' usui for the county's
temple of justice. The flag. Just pur
chased by the county commissioners,
was raised with imposing ceremonies.
The new high school building at
Haker will soon be under construction i
and according to the Itemocrat it is ,
to be the finest school buihuTig ln the ;
inland empire and "will be a great as-
the educational center of eastern
Oregon.''
"Those who have been in the habit
of asking for permits to keep fawns
as pets will be refused hereafter,"
says J. M. Thomas, quoted in the Coos
Bay Harbor. . Mr. Thomas finds that I
the practice Is not for the Ixjst In
terest of the game, that some have
been allowed to die from starvation
and from being chased bv dogs. Per
mits to all will hereafter be refused.
"Astoria went to Seaside yester
day," says last Friday's Antorlan. "As
toria was royally entertained. The
newly paved highway has accom
plished Its purpose already. It has
strengthened the bonds of community
Interest and mutual welfare. Seaside
was glad U have Astoria visit her
yesterday and Astoria was decidedly
glad to be there And nobody made a
secret of It, either."
JOURNEYS
i The Chamber of Commerce printed
foldex last year that advertised the
Columbia river highway. Perhaps
you did not see them. There wa.-.
perhaps, something said to the effect
that there were not enough to meet
:"the Immediate demand for them.
You saw, undoubtedly, the articles
about the highway that have ap
peared ln various publications, and
we hope that you enjoyed them none I
the less because of the fact that they
were the voluntary contributions of
the periodicals that told their readers
how greatly enhanced is the charm i
of a visit to Portland by a ride over
the great highway.
The buff folder entitled "Visit Ta
coma," Is really a good piece of
work, and tho appellation "The Na
ples of America," is apt. Seattle's
folder as "The Gateway to Alaska
and the Orient" makes quite an in- i
dustrial appeal, and while specific I
directions are not given, enough is ;
said to make anyone want to l-arn j
more. "Miss Spokane Invites You," ;
really has charm. In a small space it
really gives quite a good deal of ln- i
formation needful for one who would ,
respond to the cordial invitation.
Tes, it Is unquestionably true that
an official Portland booklet i.imied by
the Chamber of Cowimerce and giving
industrial, scenic and other facts,
would supplement mo.t ngreeably the
productions of the railroads and
hotels.
MACHINE GUNS
the question of war or peace. It is
not the politicians or orators, the or
ganizations of public preparationiBts
or public pacifists that have the most
at stake. It is the average citizen
the citizen who earns his bread" by the
sweat of his brow, the citizen who
loves his family arid wants to con
tinue giving that family his support
and protection who has the most at
stake.
Those orators who cry out for a
given course of action In the name of
the national honor without having be
fore them all the facts that affect the
national Interest ln a crisis merely
demonstrate their lack of responsl-
bi.ity and their callous selfishness. j
It speaks well for the wisdom of j
the American people that they have i
never elected a president who has
been stampeded into war by false ad
visers or critics.
Great as has been the horror of the
European war, strong as is the desire
to preserve the strength of the United
States for the more civilized purposes
of humanity, the American people as
a unit will be ready to fight and to
die If It should be necessary to pre
serve the national honor.
On the one side, in the nation today,
as ln all crises of the past, there are
those who, without knowing all tin
facts on . which the great decision
must be made, argue for immediate
action against Mexico, regardlens of
the consequences. On the other side
are those who are praying that peace
ful means of protect Ing the nation's
honor' shall bo completely exhausted
before there is recourse to arms and
to the sacrifice of the blood of Ameri
can soldiers.
President WMson. with all the facts
before him, was able to win a diplo
matic victory In the su-bmarine con- !
troversy, FatlKfying this nation's I
honor without the frightful toll of '
war. I
The president of the United State .
alone knows the facts in the Mexican ;
situation. lie alone can make the'
decision that will conserve the nn-
tional Interests. While orators are !
making their, arguments In public !
places, the people, by wire and letter. ,
are telling the president that they. !
who must make the sacrifices and
who will not ask that some other
mc ther"s son make It for thejn, want
peece so long as It Is compatible with
the nation's honor.
more Importance as the trainmen. They
have much more rtsfjnsiblllty than
the trainmen and are the poorest paid
class of men in Portland holding re
sponsible positions. They receive
about half of a trainman's pay. In I
these high priced times the warehouse '
man Is pushed to meet dally expenses
and has nothing left for a rainy day.
I would be pleased to hear other rail
road men's ideas on the subject.
READER.
Sentiment Among the Starving.
From the New York Sun.
Sentiment died hard In' the beleag-
ured army at Kut-el-Amara. A ma-1
chine gun mule which h.td three Indian !
frontier campaigns - to its credit and I
proudly wore service ribbons to prove !
It, was twice sent back by the supply I
and transport butcher, who refused to j
kill the starving soldiers' favorite.
He Knew.
From the London Opinion.
Diana Is th man your sister's go- '
ing to marry ncnT ,
Dick Not much! Every time mother
talks about -the wedding, father says,
"Poor Man!" ...
BY VIS" t .AMPMAN
Country Town Sayings.
Krom K. W. Howe'i Monthly.
IJO the best you can until
can do better.
you
The trouble iB reform Is confine 1
to the politicians, and Is mere talk.
The moit common way of , beUitff
unfair is demanding too much r
others.
Many a man who believes -he Is a
devil among the women, is really a
Joke among them.
In a novel, if a married couple' Is
happy ln the beginning. 1 know there
must be a change, ln order to mak
a story.
A Potato Hill fnan Is known to be
quite proud; and investigation reveals
that he bus no other reason for pctde
except that he has good intentions.
Keep out of court; you may have
right on your side, but at any time
you are liable to run Into a Judge like
that one In Chicago who i'eii.led lately
that Bacon wrote the plays attributed
to Nhakespeure.
Ez. Hawkins hitefy said his wife
had over a hundred young chickens.
A number of the Potato II HI men had
a callosity to know what "over a
hundred" meant ln Mr. Hawkins' tall:,
and counted; it meant forty-three.
I robably the average is not very much
higher.
Preparedness.
rrom the lnroevtp.
I Ufed to keep my bristles up:
In fact, Invited war
And oft 1 got
As oft ns not
What I was looking for.
So now I keep my bristles down.
For I am tired of strife
I ve made amends.
And alo friends.
And had a peaceful life.
lo Which a LoftT BtTnd If Taken on
the 8ubjct of Umpirinf.
Fron Gold Hill ,m.i.,K,iiil.-nt MedfnrA
Mll Trunin.-.
W re orrT to rhrtmlrle tlie fart that
tlie liHw-bill Ncor hi reported :! to 4 In
riiror of Mctirnrd. Iwn nnirh talk on i
1'le change, tl.e color of evrnta. It U too
ol that true umplrluj cannot prevail for
Hub reaulu.
Fifteen Minutes Heat.
Ey ReT Stewart. The Journal'. Office Bnr.
(Continued troin YetiteTda.)
Kortr five mlnutea ,fter lo mw ine rldlns
down the cl.-Tiitor to Ket mr "Ur for the nuin
htr of ivape-a wa. Be, nt rh mditina ot
the Journal for the editorial ro.raa. Elcn
o clock the noon edition cumf off the preaa
rather .lowlr. becaune the regular preaa -wai
not uaed and a amaller on a performed tlia
duty of running- off. .
A,t teL nlntea aftor 11 I cot a third letter
omII. Then I dl.trlhntod ...n;.. clipping, that
were-on the aplmlle and went to lunch.
I wa. at the courthouae at 11 ::ir. and from
there returned to The Journal office, with
note from t. courthouse reporter addreaaad to
the city editor.
Near is I waa at tha police atatlon again,
hnvinit mopped on the why at llarlinan
llipiiipm' hank mid copied the bank clcnr
um f..r the day. After leaving the police sta
tion I went to Overhe.-k A r. ke. who condurt
a hoard f trade mid are corTer.ndenta of Lo
gan At Byron, a large firm of the name cln.e
In Chicago. There I "got the llilcago grain
market report.. Near 12,2i J wna In the local
room of 'Tie Journal.
tor half n lw.ur nfter thl. I worked ateadllT
In the morgue. Identifying rut. hr mean, of
the prima clipped from the Sunday Inaue by
the .(.iiucr.pl.er. Thin do every djiT rlh
f.lng the pi int . in vwlf. how ever, from all ihfllT
usuea exeept Sum!.. '
SCO.vriM'Ei) TOMOUitow.)
1'nrlo Jeff Know Kays:
"With all duo respects to the TV.
C. T. It looks to me 'alf as much
good would be done to the human race
If vvoeien would quit wearing corsets'
as by having the men gult liquor.
There's nothing so exaeperat Ing as
other proplc'H UmI habits.
Th
T
B,
Le une Due
v S3
Is a Member of
the Lobster Family
Th Sunday science Page tells
tnis curious fact and many
others Interesting to you
and old. In addition there Is
the Sunday fashion page teem
ing with Inlm-entlng things for
womankind and n wiole pace
devoted lo tho kiddles. The
Journal's comb- mccllon Is ad
mit t' dly bept there la pub
lished. Fiction
For Vacation Time
Of Highest Class
and most Interesting la con
tained ln the Sunday Journal
fiction magazine. The ame
matter anywhere elen would
cost ueveral times the price of
The Sunday Journal and It
would have none of the other
great features.
Vacation
Is Uppermost in
Everybody's
Mind Now
What your friends are doing
and where they are "pending
their outings conveys to you
information as to where you
can have the mogt enjoyable
time. Full reports from all
beaches and resorts will be
be fou-nd in The Sunday Jour
nal. Mexico
Still Holds the
Attention
because our boys are ' down
there on the border. Pictures
of the Mexican border and of
Uncle Sam's defenders wUl be
present In profusion la The
Sunday Journal. ,J
The Sunday Journal
6 cents the copy everywhere-..
Next Simdapl)
i
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