The Monmouth herald., February 22, 1924, Page Page 2, Image 2

Pag 8
THE MONMOUTH HERALD, MONMOUTH. OREGON FRIDAY, FEBRUARY 22, 1924
TALES OF THE
OLD FRONTIER
By ELMO SCOTT WATSON
ii mil, Wutiri Nwwpr cniun.)
, SAM BASS, THE OUTLAW-H-RO
OF A SONG
8km Baia, b cam from Indianny,
It was hl native horn.
And at th. ag of ..v.nt.ea
Bam, he beran to roam.
He went 'way out to Taxaa
A cowboy (or to be
kinder-hearted teller.
You'd aeldom ever ee.
Old Cowboy Bone.
THAT Is the first of many stanxai
of a son; that has been sung in
every cow camp and along every wind
log trail from the Rio Grande to the
Canada line. For Sam Bass, whose ex
ploits were thus Immortalised by some
frontier bard, vies with Jesse James
for the honor of being the Robin Hood,
hero of the most typical native Amer
ican ballad.
If there are some who would paint
Sam as nothing more than a sordid
murderer, he has plenty of apologists
who say that he was a not unnatural
product of the environment of cowboy
life in Texas. As evidence that he was
not utterly bad, they would cite the
incident of the boy to whom Bass once
RICHARD LLOYD
SAYS
Jjasl
Justice is the Goal of
Virtue Ends its truest expression in Justice. Liberty and equality
are empty words unless they rest upou Justice which at all times is the
true principle for buiuauity. Separate liberty or equality from Justice
and neither can stand. The pusaion of all great prophets throughout
all ages has been for Jusarf.
It is the one-word deflr'.t-on of the Golden Rule. It was not only
the basis of the teachings of Jesus but of all great religious seers and
prophets. Each in bis turu and time and in his own way said the same
thing. Confucius put it : "What I do not wish men to do to me, I also
wish not to do to thera."
Justice is virile : it Is never passive or indifferent It is the truth
in action. Justice may be vloleent; it is always violent to the one who
offends It We may prize success, covet wealth, seek honor, but none
of these can satisfy unless they come through Justice.
lie is great who. for Justice's sake, can forget friends, kin, self-inter
est all to fight for or to work for that which Is right for another, a
stranger perhaps, or even an enemy. Wei cannot secure Justice for our
selves through denying Justice to others. It is not in the order of things,
for Justice is consistent, Impartial and always fair.
Though Justice Is impartial it is not blind. Science Is governed by
Its laws.
The nation that loves liberty most sincerely and that fights only for
human Justice is seldom found in the bruusl entanglements of war and
then only in a benignant war made holy by the passion for Justice. The
nation that covets property and men, that seeks to enrich itself by devas
tating its neighbor. Is found most often in the throes of war and than
for the shameful and unsatisfying end of boldly defying Justice. And
as with nations so with men. Such nations come to no good end.
"Justice," said Daniel Webster, "Is the preatest interest of man on
earth. It is the ligament which holds civilized beings and civilised
nations together."
Happiness and progress are secured only when Justice la honored.
Copyright, 1923. by IUohard Uoyd Jones
CP
Scnce I've been wcarln glasses, I com
mand a better view of myself an my sur
rantiln's than my naked eye could co. . . .
They have broadened my psrjpectif in a
grctifyin' way till my neishors ::ay at
tfc!itlou to most anythlns I say.
A feller can't help smilin' when he pum
his glasses on, an' views his feller-mortal)
vrlth. their imperfections jone. . . . They
iued to loo!: so snoopy, with so much to
criticize, O, it's pq-ver."cl mlsleadlu when
ye got defective eyes I .
When the age fer wenrin" glasses fetches
hair of silver grey, we can love our r.rlrli-
bors better, as their failin's melt
. . If we keep our sirrht corrected by
self-sacriflcin' art, we' attain that calmer
vision, which endows a noMcr hoci-t.
.- GOT HIS EYE ON HIM
- l m
uITerea a drink"Vfwiilik) '
The boy refused to take It, saying
"Mother doesnt allow me to drink."
"That's right, sonny, mind your ma,"
said the outlaw and, as have so many
transgressors, he mdded sadly, "I
wouldn't be where I am today if I had
minded mine."
Bass first went outside the law by
robbing a Union Pacific train, and fol
lowed it up with bank holdups, more
train robberies and an occasional kill
ing until ha became the most notori
ous outlaw of his time. Once a mob
caught him and hanged him from a tree
on the bank of a river. They began
shooting at the dangling body and a
shot cut the rope.
The outlaw's body dropped to the
ground and then rolled into the river.
A big rattlesnake was seen to crawl
away from the place where he had
struck and although the lynchers
dragged the river, they could not find
him. Upon their return to town they
were asked if the notorious Sam Bass
were really dead. "Well, if he ain't,
he ought to be," replied one man.
"He was shot, hanged, snake-bit and
drowned. That ought to be enough."
But Sam wasn't dead. As he after
wards related It, the force of his fall
stunned the snake, and before It could
strike, he rolled into the river. The
cold plunge revived him, and upon com-lpg.t-Q-the
surface hehldunder a plle
JONES
'5S!Jafc
- -
Civilization
Wares''
r iV .
away.
i s
of 3 rift wood tmOl nUrhlTull gave "Klin a
chance to escape. Bass was finally
killed In the town of Round ltock, Tex.,
by a Texas Ranger, after lie had at
tempted to rob the bank there. So
great was his fame that the legisla
ture, then in session at Austin, ad
journed and, accompanied by the gov
ernor, came to Round Rock to see for
themselves that the notorious Sam
Bass had at last come to the end of
his trail
NEW
BIG PACKAGE
Mrt. Boutewife: TMt netcpaper
Kill publUh 'Beipful Hint" in this
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tut you clip thU column and paita
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Removing Wall Paper, In re
moving wall paper first wet it all
over with a thin paste made of
flour and water. When it has dried,
the paper will shrink and may be
pulled off in strips.
see
Straw Mttina-H one finds the
necessity to lay straw matting in
corners it can be done very easily
if a brush is dipped into a pail of
water (into which a cup of salt has
been added) and thoroughly wet the
straw.
Shot Economy-When taking off
shoes, use the band's and not the
feet When potting them on use
a shoe horn. They will last much
longer.
Gasoline. Gasoline which has
been used for cleaning an article
may be used again and again if,
when soiled, it is filtered through
filter paper which can be purchased
at any drug store.
e
Steaming Velvet, A piece' of vel
vet that needs the nap raised may
be made to look almost like new if
this simple process is followed
Hold the wrong side of the velvet
taut over a pan or kettle of boiling
water. Then hang in a shady place
and when dry brush with a soft
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For the housewife who docs her
own cooking (and especially for
the one who is just starting out),
these tables may prove of great
value.
BOIU.NC VEGETABLES
Houri Mi
Cabbage 1
Pi
beam .. i
Cauliflower . .
Equaah
Beeta
Oyster Plact
Torr.atoea
n-:tcs
30 ' '
?V-43
;a-io
45 so
30-63
ii-:o
3015
30-45
45 00
Parr.ips . . . ,
Sp'ntc'ii
Cniona
Celery
Turnipn (.
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5
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12-15
IS
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Codfijh (pe: piur)...
Haddock (per poi nd) .
Pairron (per pocn;)..,
flams
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Cigarettes
HHJ1FIH H1MTC
'uuhkiWHOLDS
PATENT SALE
U. S. Suit Against Chemical
Foundation Dismissed by
Judge Morris.
CONSPIRACY CHARGE FAILS
Conduct of Chemical Foundation
Praised In Use of Former Gorman
Patents for Benefit of Ameri
can People.
Wilmington, Del. In a sixty-two
page decision which swept away ev
ery one of the Government's majof
contentions as being without basis la
tact or law, Federal Judge Hugh M.
Morris dismissed Its suit to set aside
the sale of seized chemical and dye
patents by the Allen Property Custo
dian to the Chemical Foundation, Inc.
The decision rebuked the Govern
ment tor Including in the bill of com
plaint a series of conspiracy charges
unsupported by evidunce at the trial
and refuted by the defense as well as
by documents filed by the Govern
ment. In declining to compel the Founda
tion to restore the disputed patents,
numbering some 4.700 and bought for
1271,000, from the Government, Judge
Morris held there was no evidence
bearing out allegation of a conspiracy
by American manufacturers to effect a
monopoly through the Foundation.
The court ruled that there was no
evidence of fraud or deceit practiced
on President Wilson, Mr. Polk, Under
Secretary of State; Attorney General
Palmer and other high officials of that
Administration.
Garvan's Course Upheld
The opinion praised Francis P. Oar
van, president of the Foundation, and
its trustees, as having met the most
severe or tests In their conduct ot the
Foundation "the test of actual trial."
They were declared by the court to
afford, through their high Integrity
and unquestioned patriotism, a thor
ough ass urn lice of loyalty to thulr
trust "It has kept the faith," said
the court of the Foundation's work.
Judge Morris found without merit
tne Government's contention that the
criminal laws were violated In that
Mr. Garvan, as Allen Property Custo
dian and thereby a public trustee,
sold to himself as president of the
Foundation the patents In question.
He had acted by direction of Presi
dent Wilson and his acts, supervised
by the President under the lattcr's
wide war powers granted by Con
gress, could not be brought to court.
Congress had not delegated legisla
tive powers to President Wilson, a
maintained by the plaintiff, and the
courts could not ' pass Judgment on
the wisdom or lack ot wisdom of
Presidential war acts.
Judge Morris recited that although
Colonol Thomas R. Miller, present
Custodian, who had approved two of
the sales Involved, verified the com
plaint. In his testimony be admitted
that he could not enumerate any ot
the facts alleged to have been with
held and suppressed from him.
"In view of this testimony and the
obvious fact that the power to charge
persons with fraud and conspiracy Is
a weapon with which serious irreme
dial Injury may be done to Innocent
persons it such charges are lightly
made, it Is difficult to understand
why the specific charges to which the
foregoing testimony relates were
made," wrote the court. "Yet the re
maining like charges were equally
lacking In evidential support. In fact,
at the argument, the plaintiff seemed
no longer to press these charges
against the persons alleged to be con
spirators, but It sought to have the
charges sustained as against the of
ficers of the Government who formu
lated and carried out In the public In
terest the plan of sale. . . . While
1 'know ot no case where by Implica
tion .of law the duty of clearing Itself
from Imputed fraud rests upon the
defendant, yet the defendant has met
even this burden."
Holds Wilson Had Full Power
While the Trading With the Enemy
Aot at first merely authorized cus
todianship of German properties In
this country, it waa later amended,
recalled the Court, to give power of
eale under such conditions as the
President, In the public Interest,
should determine upon. In effect, this
made the President, as agent of the
nation, possessed of powers as broad
as though he were absolute owner of
the seized properties. Under the pro
visions of the act, the President was
empowered to make any conditions
of sale he considered necessary In the
circumstances.
The sales In dispute were not made
by the Custodian in his capacity as a
common-law trustee, but under the
extraordinary powers devolving upon
him as the President's representative,
under the additional sections of the
act. ''Because a trustee with only the
usual powers may not ordinarily sell
trust property ait private sale for less
than Its fair monetary value, It by
no means follows that the Custodian,
acting under supervision and di
rection of the President, may not do
so," held the Court. "Obviously, the
primary purpose of the act was the
protection of the nation, not the bene
fit of the enemy. The trust was foi
the benefit of the nation public,
not a private trust. The statu.te re
quires the President to consider the
puhllo Interest. PubUo Interest Is not
a synonym for money,"
In this relation Judge Morris quot
ed from President Coolldt;e's message
to Congress on the Muscle Shoals
problem, that "while the price Is an
Important element, there is another
consideration evon mors compelling.
If this main object (low-priced
nitrates tor farmers In ponce and the
Government In war) Is accomplished,
the amount ot money received tor the
property Is not a primary or major
consideration." . ,
Referring to German-owned proper
ty, the court said: (
"Much of this property was not
innocently held or held solely for
trade and commerce. Information ac
quired by Gorman-owned companies
had been transmitted to Berlin, and
thore indexed and md available to
Gorman competitor and the German
Government. The files ot one com
pany were filled not with business
papers, but with pan-German litera
ture. It was a distribution centre tor
propaganda In this country."
Upholds Confiscation ot Patents
Judge Morris pointed out that when
America entered the war she adhered
to the international convention for
bidding poison gas, "but it soon be
came apparent that America would be
fighting on disastrously unequal terms
unless she 'should make use ot all the
dread weapons being used against her
by the foe. When Germany persisted
In hor attempts to destroy her oppo
nents with poison gas in contraven
tion ot all International agreements,
she made K manifest that America's
future safety lay In America's chemi
cal Independence. The amendment to
the act was passed In the darkest
days ot the war (allowing the sale ot
seized properties). It was thought
Paris was about to tall and the Chan
nel ports be taken." These were the
circumstances, said the opinion,
"which Impelled Congress to grant the
President the broad powers of almost
absolute ownership. It was the Intent
ot Congress to subordinate mere prop
erty rights to the welfare ot the na
tion." Of the value of the patents sold,
Judge Morris held, In accordance with
the testimony, that while Dr. Carl
Holderman, a German, asserted ths
Haber patents were worth $17,000,000
to the Germans, "the evidence Is over
whelming that they were and are
without substantial affirmative value
to American citizens. Had these pat
ents been sold to Americans at public
rather than private sole and only the
net proceeds paid to their former
enemy owners these owners would
have suffered an almost total loss in
the value of their property." , ,
Praise Work of Foundation
A to allegation that ths sals was
not to obtain a fair value, but to pro
mote tbe Interests ot the chemical and
dye Industrie and that the transac
tion was in legal effect granting a
subsidy to private Industry, ths Court
commented, "this challenge to ths
motives ot the officers making the
sale Is supported, I think, neither by
the facts nor the law. Mr. Polk de
termined the public Interest would be
best served by a wide use ot tbe In
vention covered by the patent. If
the property was told under term
and condition that assured Its being
devoted to the public use It matters
not what benefit or detriment may
have flowed as Incidents therefrom.
"Tbe property I In the keeping ot
men who have In It management no
selfish interest to serve and whose de
votion to the public Interest ha been
established," continued the opinion.
"No better plan for devoting the
property to public use has been sug
gested. The plan has stood the most
severe ot all tests actual trial. The
defendant has kept the faith. Thl
It ha done, not only by granting li
censes In furtherance of the purposes
for which It wa charatered, but alio
at its great expense, by distribution
of books and pamphlets showing the
national necessity for practical devel
opment ot chemical science in Ameri
ca. If perchance, those heretofore
engaged In the Industries have de
rived an Incidental advantage from
tbe plan, that Incidental result cannot
invalidate a transaction lawfully con
summated in the public Interest. The
same charge would lie against the
validity of every tariff act. ,
The sale was In effect to America and
Its citizens, not to those then engaged
In chemical and allied Industrie."
Judge Morris ruled that if the ex
ecutlves entrusted by Congress with
power of sale acted. within tbe scops
of that power "their acts are not sub
ject to Judicial nullification or review,
Invasion by the courts to determine
whether tbe public interest required
the property be sold otherwise than
under the statutory condition pre
scribed and to set aside the sals
should the Judgment of the court be
different from that of the President
would be a Judicial nullification not
only of the President' act but also
of the act of Congress conferring on
tbe President the power to determine
what the public interests' required.
What the public interest requires de
pends upon the conditions existing in
the nation. Court do not understand
the 'state ot the Union' and as, I ap
prehend, are not equipped to ascertain
It The statement of the rea
sons actuating the President does not
make his act any the less an act of
discretion. It Is conceded the Presi
dent cannot be brought Into court to
substantiate his reasons. The statute
does not require blm to disclose to
the purchaser the evidence upon
which his reasons were based. The
statute does not limit the Executive
In he assignment of reasons to such
as may be supported by legal evidence
or by facts ay.aKA.ble tjjjhe public." i
B.F.Swopc CA.Swopc
Lawyers
210 Oregon Building
SALEM ' OKKGua
Associated Thoma Urown
A. M ARAN!
Reliable Fire Insurance
and Surety Bonds
OFFICE HOURS - 2 TO 6 P. M.
PHONE 805
4 B.F.BUTLER
Dentist
Po.t office b!d.
Monmouth Oregon
DR. F. R. BOWERSOX
PHYSICIAN O SVRGEOS
PHONE NOS.
OFFICE
HOUSE
SJ03
3101
H.W.MORLAN
Notary Public
. Blank Deeds, Mortgages, Etc.
Wood Sawing per cord
Hard wood, twice cut, 90c
" 3 times in two $1.15
Fir. twice in two80c; 3 cuts $1.00
Seth Smith, Phone 3205
IT'S HERE
.
On door east of ths Odd Fellows
Building.
Up To Date
Electric
Restaurant
Tables for ladles. Glvs us a trial.
C. E. Fetier '
Monmouth & Independence AutoBus
TIME SCHEDULE .
Bus leaves Train leave
Monmouth Train Independence
6.40 A.M. To Portland 7.08
9.45 A. M. To Portland 10.03
9.45 A.M. To Corvalli 10.25
11.65 A.M. To Corvalli 12.13
1.60 P. M. To Portland 2.22
3.25 P. M. To Corvalli 8.48
6.10 P. M. To Portland 6.S8
6.45 P.M. To Corvalli 7.15
Raymond E. Derby, Phone 1504 Prop.
Now is the time to have
your screens made and
to figure on your work
for the summer.
See or write
G. A. Nestlcr
Shop between Hotel
and
telephone
office.
Efficient Service Courteous Treat
ment , .
A. L KEENEY
Funeral Director and Licensed
.Embalmer ,
Call Promptly Answered Day
or Night.
Prices Reasonable
PHONES 9821 and 9822
Independence, Ore.
Pickle, Olives,' Salad Dressing
Greenwood Cottage Cheese
MONMOUTH MARKET
FRED J. HILL, Proprietor
BUILDING TILE
Made in Monmouth
make the best and.' most
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ial you can buy. In long
wear.,and J&w.cqs.t of upkeep
there is nothing;; that ; will
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The appearance of such a
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and it holds its selling value
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Drain Tile in all Sizes.
Ask, us about them.
Central Clay Products Co.