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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (Aug. 11, 1929)
PAGE FOUR p "No Favor Szvays Us; No Fear SJmU Awe." From First Statesman, HI arch 28, 1851 THE STATESMAN PUBLISHING CO. x- Chaules A. Speacce, Sheldon F. Sackett, Publishers ChakiXS A. Sprague - - - Editor-Manager Sheldon F. Sackett - - Managing Editor ' Member of the Associated Press The. Associated Press is exclusively "entitled to the use for publication of all news dispatches credited to it or not otherwise credited in this paper. Entered at the PosUffiee of Salem, Oregon, as Second-Class Matter. Published every morning except Blonday. Business office 215 S. Commercial Street. Pacific Coast Advertising Representatives: Aithur W. Siypes, Inc, Portland, Security BIdg. San Francisco, Sharon Bldg.; Lbs Angeles, W. Fae. Bid. Eastern Advertising Representatives: ' Ford-Parsons-Stechcr, Inc., New York, 271 Madison Ave.; Chicago, 380 N. Michigan Ave. The Individual BY CHARLES There has been a great deal of comment in newspapers and mag azines on the decision of the su preme court In the case of R6 sika Schwinimer, who was bar red from citizenship .because she said she would not defend this country by force of arms. This comment was enlarged upon when a lower federal court rejected Prof. Douglas C. Mcintosh of Yale Theological Seminary because he said he would fight only i'a what he deemd to be a Just war. Off band opinion was either that the courts were right in barring any one who wouldn't stand up and fight; or. yielding to the stirring liberal opinion of Justice Holmes la dissent, denounced the major ity finding as chauvinistic and autocratic. The questions involved are far deeper than the specific cases at bar. They were not just whether Madame Schwlmmer and Prof. Mcintosh qualified under the terms of the naturalization law. These cases provoke the great - fundamental issue of the relation between the individual and the state and the problem of freedom and authority. The issues con cern not only the candidates for admission to citizenship but the rights and responsibilities of per sons born into citizenship. How far does power of state reach? There is no sharp border line with signs well posted preventing the en croachment of the one on the do main of the other. Instead it is a shadow tone; not easy to define when the concrete cases come to be decided. It is easy enough to read the "No Trespass" sign; it is not so easy to determine which should prevail when state author-: Ity and individual freedom clash. Blackstone's legal theory of the state was of "a supreme irresisti ble, uncontrollable authority." Palev riArlaxed cnnrernlne thA power of the state that it "may be' termed absolute, omnipotent, uncontrollable, arbitrary, despotic and is so alike in all countries." Such theories were not out of place in view of the origin of the modern 'state. Arising out of the mediaeval conception of unity, as Laskl says: "The modern state inherits the papal prerogative. It must then, govern all; and to gov ern all there must be no limit to the power of those instruments by which it acts." Such is the state's own historic conception of Its authority. .Nor is this con ception changed in different types of government. Whether monar chy or oligarchy or democracy the state claim to complete authority is undiminished. The autocratic Stuarts gave place to the equally domineering Parliament. "Vox fn popull, vox del" Is but .another way of democracy's assertion of Its right to command on the basis of majority rule. Bills of rights are the popular bulwarks against the exercise of state omnipotence. . The function of the state is so cial control tor the promotion of the common good. Government vested with authority is the out growth of social experience as an antidote to anarchy. Order is onejof the first essentials of or ganized society, and order covern- . ment seeks to assure. Self-preser vation against external enemies is a first law of the state as it Is of the individual. To maintain order and to preserve its territorial and political integrity vstata govern ment is vested with sovereign power. That power by general consent may become arbitrary and dictatorial in emergencies threat ening the public order or in times v& uauuuoi uaagw, ah iaic3 re tain the right of conscription dur ing war. They claim authority to command the complete muster if national existence is at stake. - Faced with the question of ad mission to citizenship those who 4iujwu cuuuiuons compromising the: authority of the state on such vital matters as its sovereignty in wartime the supreme court held HP the bars'. While the court might have avoided the issue by admitting Madame SchwimmezLon the. ground that her sex and are made her Ineligible to military service, on the cold Issuejjf limit ing the state's authority, in war ume it is bard to see how the court could rule otherwise than to adhere to the ancient doctrine oi complete state soverelzntv. It Is not a question ot particular tn- civiauais, but a delicate aad Im portant legal qi stion that is in volved. For the court to admit . to the full privileges of eittsenshln those who will not assume the : full responsibilities ot citizenship . would be to threaten the stability of the state whose preservation Is - - ' the tint duty ot. courts and offi cers. A atate might decide to admit as citizens those who claim : j. the .' right to withhold military : - service; but sueh a modification '- of policy calu for a legislative and ' not Judicial act. As David Javne Bill says in his book, "The Peo ple's Governmenff In no case - wm: the state, as a state, freely v permit its power to be alienated or . diminished or brought into Question. . The State that disavows lU'own autonomy there raw and The State A. SPRAGUE by ceases to be a State. There must, be somewhere a power that is superior to all other powers, and which can command the obed ience, of "all." The brilliant dissent of Justice Holmes is a compact essay on- lib eralism in politics. But the- mov ing principle which excites his dissent is not really germane to the 'issues of the Schwimmer case. We can agree heartily with him when he says: "If there is any principle of the constitution that more imperatively calls for at tachment than any other it is the principle of free thought not free thought for those who agree with us, but freedom for the thought, ot those that we hate. There is really no question of freedom. of thought involved In the Schwimer case. Sb.e is free to think as she chooses, to be a full-fledged pacifist If she chooses. There is no effort to bar her from residence in this country nor from expressing her convictions In this country. The question was not freedom' of thought but of ad mitting to citizenship one who limited the obligations of citizen ship. Sinful though war may be. !t is a fact which states still must face. Society is not so enlight ened, nor the removal from bar barism so complete that the state may in effect announce that henceforth military service may only be voluntary. Such a pro nouncement would threaten the perpetuity of the state which made it. II. What then becomes of individ ual freedom? Is it non-existent? Is the state as Paley says "arbi trary, despotic"? Some think so. We do not. Once again it is the problem ot defining the zones where individual freedom should prevail. The state is not the equivalent of society. The menace of state power is that it seeks con stantly to invade fields where its authority does not belong and should not penetrate. Long ago through guaranties of freedom of worship the state recognized re ligion as a-field where it should not interfere. Likewise in the case ot fraternities, lodges, trades unions, commercial organizations, the state permits individual free dom ot action, safeguarding only the public order and the rights of others. Growing congestion of population and ' changing condi tions of living have necessitated social regulations and restrictions as in matters of public health, pro hibition of liquor and drugs, etc.. enacted to promote the general welfare. But these are incidental compared with the wide liberty of thought, of expression, of affil iation, of occupation, of movement which are assured to the individ ual of today. State power loses much of its threat in the modern state because of the tremendous force of public opinion. Popular approval must back up governmental action or there is nothing done. Real au thority still resides among the people whose consent or opposi tion determines the fate of gov ernments. On the very question of war-making the individual cit izen has positive voice. When it comes to waging war, if its ob jects do not commend themselves to the people then the lack of moral support Is quickly fatal to any military success. The political problem of the day Is not so much the' fact of state authority as the wise control of that authority in the public in terest. In the past too much blind reliance was put on the dem ocratic form of government, the people feeling secure I f It was a republican form of government. Bnt democracies may be violent and anti-social. Only when a gov ernment is responsible to an en lightened public opinion Is the public welfare properly safeguard ed.- To quote from Laski's "Au thority in the Modern State": "The stat mar have the noblest purpose. The obJeJcUve- at which its power aim may be unquestionable. But it, too. at everr moment, is acting bv agents who are also mortal men. Thrbasia ot ecrutinr fcecomes at once pragmatic. The foundation ot our judgment must incessantly be aought in the interpretation or Historic perfeoc. We know, at least In ral terms, the aim of the state. can measure, again at least in gen eral terms, the degree of Its dl lic ence from the ideal end. That is why no method is at all adequate which seeks the'equation of the Ideal end the real. That U why. the first lesson of our experience of power is the need of Its limitation by the instructed Judgment ot free minds." III. - While In the present condition of world attain the state either through its courts or through its legislative division cannot limit its authority, in the crisis ot war. in actual practice, the state can and ihould respect the conscient ious scruples ot those already cit izens. .The traditional practice la this country has been to exempt from military service Quakers, Mennonites and other classed as "conscientious objectors.; It Is true that in the passion ot war time; during the last war these conscientious objectors were many ot them shamefully treated both inside aad outside the army camps acl derision, obloquy 1 J J mmC air hall r.nd even penal confinement were unjustified and unnecessary. When the exercise of state sov ereignty conflicts with the ideals of the individual conscience, then except in grave emergencies the state must give way just as far as possible to accommodate the con science of the Individual. The world has long applauded those who for conscience' sake resisted the encroachments of government al authority. Puritans aad Cov enanters who suffered pains and death from the harsh judgments of the Stuart kings; Roger Wil liams and Anne Hutchinson, who were banished for their religious views from the Massochusetts col ony, these are a few of the mar tyrs to the cause of freedom ot conscience, a battle which even yet Is barely won. This principle is pretty well established that there is no "eminent domain" in the field of private conscience. The question comes up not only over military service, but on questions of public health. Those religious bodies whose beliefs run counter to those of medical science are placed In a difficult situation when the state Imposes health rules whose virtue they deny. In those Instances It must be a matter of accommodation, with the state going as far as its social safety may permit In ex empting those with these scruples of conscience. iy. In our opinion the chief danger today does not lie in the restric tion of individual freedom either of conscience or of action. The more numerous regulations so commonly inveighed against as marking the decay of individual liberty . are chiefly the "traffic control," which the Increased ve locity of our social contacts ne cessitates. They are "-concomitant with growing integration imposed through urbanization of peoples, the division of labor and the so cial consequences of mechanical inventions. We see not so much a loss of Individual freedom as of individual responsibility. The In dividual Is encouraging his own absorption by the state. The state is regarded not so much an agency for political control as a vehicle for economic control. In addition through Its assumption of functions of education, recreation and charities, the state la entering more fully into general social con trol. It was Guizot, we recall, who maintained that there should ever be a balance between the individ ual and the institution, between the man and the organization he created. The constant tendency has been for the institutions to submerge and swallow up the in dividual, resulting in stagnation and reaction. In this constant re sort to government In this effort to get under the wings of govern mental power and to divert that power for individual or group ends there Is danger that the individ ual may be absorbed in the state. Society thus would lose, pending the inevitable reversal of the pen dulum, from the palsy ot individ ual energy and resourcefulness. The relations ot the state and the Individual are subject to con stant change through alterations in theory and in practice. The state has succeeded as a vehicle ot social control. While for pur poses of self-preservation the state most maintain It claim to fall authority in political matters, it should voluntarily refuse to tres pass on Individual freedom of con science. The individual on th other hand should shoulder tall personal responsibility and resist absorption by the state or by ojher social groups. The state has tit amphed la its old conflict with the ehurch . for authority; It is easy for th state unchallenged to crow arbitrary and to asum omnipo tence. In this situation the indi vidual : must" constantly tight to preserve hi freedom, hi respon sibility, and above all to maintain that steady Impact ot th fbrce of enlightened opinion upon those occupying positions ot power la th government. - v Ah Winded . BITS for BREAKFAST By R. J. HENDRICKS A little more on penology: S The Portland Oregonian in an editorial on last Thursday said: It will not, however, be necessary to assume that a penitentiary is anything else than just what it Is -a place of restraint for those who have forfeited their right to liberty." The article goes on to say that. however, a penitentiary "should be cleanly and decently maintain ed, as a measure of common hu manity." and that it "should' al low for the separation within rea sonable limits of individuals In accordance with the nature and degree of their offending But beyond the requirements, of humanity it is not necessary to go. There need be no coddling." But the constitution o f the state of Oregon, In Its first article, which is the bill ot rights, in the 15th section, says: "Laws for the punishment of crime shall be founded on the principles of ref ormation, and not of vindictive Justice." S The pioneers who framed that document, even in their early day, had a larger and longer vision than the writer of the editorial In the Oregonian. A penitentiary should be more than "a place of restraint for those who have for feited their right to liberty." Be sides being a place ot restraint, it should be a place of reformation. A place of rehabilitation. A place of hope. A place of training. A place of education. A place where wages are paid for faithful work, in order to give a stake to the released man for a new start in life, or to allow the man with a family on the outside to hold them together pending the time when he shall be allowed to join them. 'm None of this Is coddling. It is just common sense applied to pen ology, which quality it has Jacked through all the dark ages of the past, harking back to the vindic tive principle of an eye for an eye and a tooth for a tooth, the prac tice of which made cities of refuge necessary. There came a new dis pensation. Old things are passing away; but it Is taking a long, long time. There is no coddling in the Min nesota penitentiary at Stillwater, which is more nearly a reforma tory than any institution ot Its kind In the world; which is self supporting -and pays a wage to every worker and has a system of education and a scheme of separ ation of the classes of Inmates. It has the strictest kind of disci pline. No military camp maintains a discipline more strict. TUls is necessary, in order to protect the orderly Inmate from the disorder ly. Every such institution has a large proportion of its inmate be longing to a class who ar not criminals at heart. They ar rio tims ot environment? ot impulse: of accident or passion. They must be shielded from th acts ot des perate and unprincipled and un disciplined inmates. V The Oregonian writer 1 Inept in hi oracular attitude with re gard to the importance ot U sep aration ot individual la prison "In accordance with the nature or degree of their offending. Mod ern rule ot penology wnld mora sensibly separata them la accord ance with th capacity and attJ tad and fitness of the Individu als, without much ' reference to th nature and degree of their of fending. The general rule Is to start the beginner In th properly equipped prison in a middle class, and to grade bint up r down ac cording to his conduct and will ingness and ability to observe the rules and take. advantage ot ta .opportunities otfaxod aim. That is Just common sense, and does not lead to coddling, either, S There Is no place la any prop erly equipped and conducted pris on for coddling-on the inside, or for Interference of sentimental ists from the outside. These things are not good for either the pris oner or the public. S n The grave of J. W.' Nesmith is about eight - miles from Salem. How many readers know where? How many have visited it in the past year, or ever? The Bits man saw it on Thursday evening. It is near the Rickreall (on the north side), on land that formerly was the farm o f Senator Nesmith, about a mile west of his residence, now the home of the Pence fam ily, owning the broad acres that belonged to Oregon's and the na tion's distinguished citizen. But you more easily reach the little Nesmith cemetery, nestled in a forest embowered beauty spot, by turning to the left at the four corners, going from Salem, and proceeding to the old mill then passing that building and taking a path and a footbridge and turn ing to the right to an open space, thence to tha left and north east erly to tho sacred acre or two, en closed with a fence, which you climb, for the fastenings of the gate are rusted. Or you can drive on a couple of hundred feet more, on the west side highway, towards Monmouth, till you come to the first clump of bushes on the right and the apple tree on the left. Near the apple tree you will find a gate. You may drive through that gate and turn north, along the fence, then northeastward to a gate east of an old building thence in the same direction to an other gate similarly situated (just east of another old building), and after going 'through that gate pro ceed in the same direction to near th front gate of th cemetery. The grave js marked by a beauti ful monument, in good repair. It Is less than half a mile from the highway. V On the east side of the monu ment these .words are engraved: "James W. Nesmith. Born July 23, 1820. Died June 17, 1885. An upright judge. A brave soldier. A wise legislator. A honest man." On the west side are these words: "Pioneer of 1843. Judge under provisional government. 1845. United States marshal. 1853-1855. Colonel of volunteers, 1855. Superintendent of Indian af fairs. 1857-1859. United States senator, 1851-1867. Representa tive In congress, 1873-1875." Ther Is a great deal to tlirin, to give an adequate Idea of the im portance of the life and services ot Senator Nesmith, to his state and th nation and th world. This is reserved tor future issues. It is enough now to say that their im portance justifies this little green spot near tho Rickreall being made a historic shrine, to be visited by millions la th coming years, whan th people ot Oregon shall have beea aroused to appreciate th val ot such precious possessions which consummation 1 a matter ot tho not tar distant tutor, and perhaps mar eomo rery soon. Cider Factory to Be Built in City C. M . pregory, formerly asso ciated with the Weatherby lee cream company, ha announced that h will establish a elder fac tory at lilt North Capital street In the near future. Mr. Gregory will do a wholesale and retail bus iness In eider and vinegar, selling his nrndncta tinder tha 'Ketrfiv' -ran.. - Lay Seirmnioiras WEALTH AKD DECAY "Baaala tali was taa iaianllV e thy ylgtr gsdolL priis, flae at brMd. sad sbuftdaaee et Uleaeee was la bar sad aer caar&Urs." BsekM 18:49. " Is this the life-cycle ot cities and kingdoms: Too, success, pros perity, idleness, decay? Old Eze klel thought so about Sodom, long the by-word of City corruption and collapse. Oliver Goldsmith thought to when ho wrote in "The Deserted Village'; ,H1 fares the land, to -hastening ills a prey. Where wealth accumulates; and men decay. The phrase "a generatoin from shirt sleeves to shirt sleeves" ex pressed the same belief with re gard to an individual. Riches are thought to breed Idleness and idle ness is a sure forerunner of pov erty. But this Idea dates from the days before trust companies were formed tsi protect the family for tunes, ot idle sons and worthless sons-in-law. "Fulness of bread and abund ance of Idleness.'' Why work if there Is plenty to bat? But the bread does not last forever while habits of idlesness are moat per sistent. America is an experiment in more ways than one. It is surely an experiment in this: Can a country be rich and survive? Is such a thing possible as balanced prosperity? That Is, can people be well fed, comfortably housed and attractively dad without be coming Idlers and wastrels? There are some signs that this country ean retain sense with wealth and keep a knowledge ot values in spite of prosperity. Among weal thy folk themselves there is. we believe, a better recognition of the virtnre of industry. Sons of the rich are not all idlers and spend thrifts. John D. Rockefeller, Jr. Ersel Ford. Russell Firestone set Old Oregon's Yesterdays Town Talks from The States man Our Fathers Read August 10, 1904 The flax industry has realized another notch In its upward climb, with virtual assurance that an other linen mill will be establish ed, Eugene Boise, father of the industry, announced. Annual pro duction of more than 3,000 will be required for its support. More than a hundred appli cants for county and state teach ing certificates are meeting at the court house this week to appear before the board of examiners. The First Congregat lonal church Is planning to lay the cor ner stone of the new church build ing which is to be erected at the corner of Liberty and Center streets. The excavation has been made for some time, but unexpec ted delays have occurred. Claims toUling 81149.45 have been paid to Statesman readers by the North American Accident Insurane Co., la less than one year. These claims were paid on the 81.00 policy Issued to States man readers. Read the Classified Ads. tltci&t a stiff pace for th most Impecu nious to follow, Th other sU of the plctur is exped so often in the press. -scions of great fami lies disgracing the name and being prodigal with their substance. It is' a good thing to reflect that not all weathly son are bams. mere vital philosophy ot liv ing n eoming despite the excre sences of the jazz age. Recreation, sport, nrotorlBg, aviation, keep folk active, and activity is the foe of Idleness and shlftlesshess. Keep ing pace with the times stirs even the rich out of slothfulness. The multitude of interests in this com plicated thing we call modern clvl - Evergreen att 4 23cntte -Paulus Bros. Packing Co Corner Trade & High Streets now till Aug. 25, each evening at 8:00 cpeaking by Christian young people Ed. Harmon, Tacoma Mary Mills, Newberg Singing Olive Terrell; Portland Gib .;CQtfflffl&(W?0 local church, Highland at Church tent on Hazel just off Highland STdDTia mine to i mi mm 4- Flowing Water Not Only Turns Millwheels But is Now Irrigating Belcrest Memorial Park Sprinkling of thirty acres of lawn was commenced last week in this beautiful park cemetery. Abundant sup ply of water is now flowing into "Memory Lake" from the Willamette river. Many doves are circling over the grounds and cooing in the dove-cotes, significant of Peace and Beauty. The doves are under the care of a specially trained man. Miniature fountains, flying doves, artistic bird-baths, convenient benches, shrubbery, lawn and beautiful buildings make this cemetery a place of exquisite beauty. Consider, then, its low cost. Information concerning tho easy, down payments can be obtained by calling 2205. UsattoA keeps rich as well ap poor : en th Slert. America Is building t new age. Ar Its citizens to be mer tenants ot a prosperous era, later t bo evicted when rentals accrue, to give place to some mor virile people? Such will be their fate un less they can successfully keep prosperity and enterprise and moral strength In proper balancer It Is not mere piety that is needed. It Is an animated, working, practi cal religlon-ln-life which is essen tial for that cultural security and personal and community character, which will endure. Old fezeklel may have beea right about Sodom. It Is in th' hands of those ot th present gen eration to defeat his formula for national decay; to keep wealth tho. servant and not the master of mankind f27 J in 4 'it " . .s .'.