Weekly Oregon statesman. (Salem, Or.) 1900-1924, April 28, 1905, Page 2, Image 2

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    vmniLY oirnaoir state:
H Z V.ICay CnZGCV STAIET.Ur.jraE asANas and eadicalisji.
Published frj TuMda; tart Friday by tba
eTATsMAx ruzusmxa cokpajit '
ryetr ta 4vate. ......... SLIM
rlf BlBt,tadnn M
; t re months, la .vdTaaca m
! i vuxe, ........................ U2t
Tha Butesmaa has bees wuMlrtiM tw aearly
i'tfHwo years, and It btl urn subscribers who
bs received It aesrlr thai loaf,. aat iubt
who bav read H for a rMnuoa. tont .
thesa object to havinf U paper discontinued
1 tee time of expiration of tbeir sabserlptiona.
tortb bene: of these, and for other nuoot
wow wwacu o go ao. . persons paying
whan sabscrtbTtt, or paying la advance, will
fcsre tb benefit of th dollar rate. Bat II they
tionot pay for six months, th rate will be $L2
a year, -Herealter v will Bend the paper to all
responsible persona who ordes It, though tbey
nay not aead the money, with the nnderstaod
In g tbattney are to pay IL2S a year, in ease tbey
let the jnbacrlpUon acconnt ran orer sin
months, in order that there may be so mlsua
Jenrtanatng. we will keep this notice tanrtlnr
at this plaoa la the paper.
The Indianapolis Star refers to him
as 'Secretaries" Taft.
If the Standard - Oil Company is not
a trust, surely' the people will put no
trust in it, .1
"What! Put: the hop growers who
simply want to wait for better prices
in the same category as the beef trust
and Standard OiL , '
A man in Minnesota claims that a
jack rabbit ean negotiate a n.ile with
in the space of a minute. The Demo
crats might get one to run for presi
dent in 1908.1 -
The Japanese commissioner to the
Lewis and Clark fair says bis country
will make the largest exhibit of any
nation at the: fair. The Japs continue
to spring their surprises on us.
The Atlanta Constitution says that
as at preseafl ad ministered the civil
serriee law I has become a thing to
handicap the efficient administration of
the government's business in every de
partment. -
It will be noted that Colonel Bryan
recently told i Mayor Dunne of Chicago
that he had received a "golden oppor
tunity" to become the foremost man
in the nation. He failed to say any
thing about ihe ratio.
' The president may- warit tariff re
vision, but Oregon does not pine for it,
neither does: the feat of the United
Htates. Progress keeps progressing and
there will be fear of a retrogression if
the tariff tinkering begins.
The San, Francisco Call says that
Hermann. Dinger Vs appointed by
President McKinley commissioner of
the general land office. This might be
used by Congressman Hermann as an
alibi if everything else fails.
The Washington Post says the Demo
eratic party,should devote some time to
locate Thomas Jefferson's principles
and have them tagged. However, Col
Uryan and 'Mayor Donne would both
object to this, as it would rob them of
stage thunder.
President Palma has the Cuban house
of representatives on his hands, ami it
is a very unruly body. They insist on
passing resolutions that are quite dis
tasteful to Palma. j Among the latest
is one demanding to know whom of
the government's employes the presi
dent. has dismissed : from the service,
and "why.f'
"One of j the lessons of the Chicago
election U never y promise anything
the day after tomorrow," says the fit.
Louis Globe-Democrat. This lesson will
be lost on the Democratic party, how
ever, for it has been a party of prom
ises too long - to take a lesson from
the failure of any of tbem to fructify
bo. It is used to that.
The decision of Joseph Bellinger on
the pleas in abatement made by Bena
,tor Mitchell and other defendants in
the so-called land-fraud eases In Port'
land was to be expected. It is said
now that the trials will take place
without delay, but the attorneys for
the defense have the right of appeal,
and will no doubt take advantage of
that right if necessary. y
For two rear I suffered ter-
ribly from dyspepsia, with great
depression, and was always feeling
poony. i then tried Aver's Sarss-
ptrilla, and was soon a new man."
John McDonald, Philadelphia, Pa.
Don't forget that it's
AverV Sarsaoarilla that
will make you strong .and
hopeful. Don't waste
your time and money by
trying some other kind.
Use the old, tested, tried
and true Sarsaparilla. -
7-'7. tl-M a settle. ABsrsntatt. "
A1r yonr doctor what be taints of tnta
rrand old firnl!' mMlletnft- Follow hu
ad ice aod we w fll be satisfied. v
; . If you are bilious or constipated,
j use the o!4, tested, tried and Jrue
Aver's Pills. Gently laxative.
J. C AYE3 CO., Lowell, llaaa.
The Granee unfortunately in addition
to having among its members many
able, bright, solid thinking farmer and
agriculturists, has been long the haven
or any impractical theorists, the Pdpu
list and many other ismisis, who are
continually bringing forth .from the
lodge j rooms of ' that order Jong pre
ambles and accompanying resolutions,
that for the 'good of the Orange should
never , have seen the light; of publicity,
1 A ease in point is the set of resolu
tions adopted. by our highly, respected
and good friends at , Maeleay a. few
days ago. . ; fj;-
i Some of these proposal are meritor
ious and good. Little, fault eould be
found with a proposition to give the
executive of the state power to "edit"
the general appropriation bill as passed
by ; the legislature, but it certainly
would be a mistake to give" him the
same: power over all classes of legisla
tion. The power of the veto was wisely
given to the executive by the framers
of our form of government, but it was
intended, as has been expressed time
and again, that this power should be
used '. with a great deal of eare and d is
, r retion by the executive, the idea
being that he was not the law-making
power.. This power was simply, to be
used when it seemed fully evident to
him that the legislature bad erred or
had, j through, lack of knowledge of a
subject, adopted legislation which was
not to the interest of the state. The
expenditure; of public funds; general
direction of the Business of the state;
the passage of civil and criminal laws,
were all presumed to be the duty- of
the legislative body, and the governor
was supposed to exercise bis veto power
in these eases only when it seemed that
the legislation was entirely wrong.
In fact, this power is really mis
named, for it is not in its fullest sense
the right of veto, but the right. of cor
rcc tion,. to call for second considera
tion of the matter by the legislative
body. Thus this veto of the executive
is simply a remanding of the matter
for second consideration.
Giving the governor power to select
individual items from an appropriation
bill for his veto would not materially
affect the scheme of government under
which we have existed for a century
and a third. But the power to veto
any particular elause in any law might
have such far reaching effects some
time, in the hands of an unscrupulous
or unwise executive, as to place not
only the state's finances, but the gen
eral stability of the state in jeopardy.
It is far better that the law remain
as it is in so far as it relates to the
power of the executive concerning
other legislation.
Regarding the matter of railway
transportation or "passes," there is a
question. An honest man may accept
a pass from a railway company as a
courtesy shown to the sition he holds.
There can be no question tha't many a
man has. taken and used free trans
portation over railways with this feel
ing. One could do justice to the peo
ple and also to the railways and use
bis "pass." it is often done. The
pass is not an evidence of bribery.
8!niply because a legislator is not al
ways a "Smith of Josephine" is no
evidence that, he is not prepared to
vote properly on such legislation as
may be proper for the regulation and
control of railway lines.
Hut the attack on our educational
institutions for permitting such games
as football and other athletic sports
was evidently from some one who was
never so fortunate as to be a college
man, and 'who cannot appreciate what
these trials of skill and strength are to
the youth of the schools. They1 develop
the physical in young men,, a thing
many of our farmers' sons have
achieved by following a plow or dig
ging out grubs, it is true; but the city
bred young man is denied these op
portunities for free ozone and the
throwing off of bis. exuberant spirits.1
Football may seem a, brutal sport to
some, yet the young men who play at It
are never the worse for it is morals
nor in general manliness.
The Grange is too solid an organiza
tion to overlook the good done to
the urban youth through these trying
sports. It is too sensible an organiza
tion to be always emitting the doctrines
of the radical politician.
A representative of a company try-
iag to float some stock in an excellent
development, proposition in this state
wrote to a Wisconsin capitalist offer
lag him some of it, and received the
followta? letter in reply:
"I eannot subscribe to any of your
stock. Don't think you'll find many
people aere who want the stock.' We
think that the recent land fraud scan
dals la yoor state has knocked invest
ments there into a cocked haU Many
people ia this section - have - invested
much money in ' Oregon, and they are
dead sick of it, owing to the attitude
of , the government. , f
I Oregon eertalnly is not being : bene
fited bj this action of the government,
aacP Oregon 's development will be
greatly tampered with the success of
the government's policy ia this mat
ter. If the raw, uncultivated lands of
Oregon were in some of the middle west
states they would be able to appre
ciate Oregon's position. , The evasions
of the law, if such there have been,
have been necessary in order that the
lumber manufacturing interests of th
west could be 'developed. Without the
Scalp Covered With Sores, Hair and
EyerBrows Fell Out Agony for
Eight Long Years -7 Doctors
' Were Unabie to Cure.
I had suffered terrible agony and
pain for eight long years from ter
rible eczema on the scalp and face.
- The beat doctor were unable to help
me, and I had spent a lot of money
for many remedies without receiving
any benefit. My scalp was covered
: with scabs, my face was like a piece
of raw beef, my eyebrows and lashes
were falling out, and sometimes I felt
as if I was burning: up from the ter
rible itching and pain. I then began
treating myself at home, and now my
head and face are clear and I am en
tirely well. I first bathed my face
with Cuticura Soap, then applied Cu
tienra Ointment to the afflicted parts,
and took Cuticura Resolvent for the
blood. I was greatly relieved after the
first application, and continued use of
t Cuticura soon made a complete cure.
; Mia Mary F. Fay, Westboro, Mass.".
And Itching: Burning Eruptions
with Loss of Hair, Cured
fry Cuticura.
Bathe the affected parts with hot
water and Cuticura Soap, to cleanse
the surface of crust ana scales, and
soften the thickened cuticle; dry,
without hard robbing, and apply Cn
ticura Ointment freely, to allay itch
ing, irritation, and inflammation, and
soothe and heal; and, lastly, take
Cutfeurs Resolvent Pills to cool and
cleanse the blood, s A single set is
often sufficient to cure.
CwUrwr Suss. Otntwwut, Mxi WD em mid flwmgimul
0m wori4 Pomr lns a Chmm. Oank, Barton, Sots
Train. SaMl tot - AJlAhoot U Itkim, Scalp, u4 Hai.'
ability for lumber operators to secure
possession of large tracts of timber
lands they would never have estab
lished the large mills and manufactur
ing plants that have made Oregon a
wealthy state. Her timber is only a
source of wealth under exploitation.
Small individaal owners with a quar
ter section of timber could never have
built the great mills that , have made
Puget sound and the Columbia river
and other Oregon ports famous as
lumber exporters.
The same may be said of the great
cattle and sheep interests of Eastern
Oregon. These interests required large
traets of land, and were noV possible
of development under the quarter sec
tion homestead plan;
The laws were adopted by men ig
norant of or 'blind to the conditions.
It required a Hitchcock to show , bow
the laws could work to a state's un
doing. Have we not had enough of it f
The letter from the chief executive
of the state to a justice of the circuit
court, whatever the, motive, is general
ly recognized as unseemly and over
stepping the1 bounds of official eti
quette. Judge Burnett may be strict,
and perhaps at times severe, in bis
treatment of th bar; he may even
seem to be autocratic, as has been
charged at times, yet no one will doubt
or question,: for a moment his ster
ling integrity or his qualities a a man
or as a Judge. His erudition, his ac
quaintanec with the law, his habits of
study, all have fitted aim in many ways
for the exalted position he .occupies.
He no doubt is impolitic at times,
but a glimpo at the squareness of bit
under jaw will indicate to any one
' that he is a man of steadfastness of
character; that his mind, act on a line
which bis judgment has told him is
riglat, is nit apt to be easily changed.
Judge Burnett nas lived in Salem for a
great many years, and as a neighbor,
a "citizen, a public official, no one
stands higher, and those who know him
best will feel most deeply that the let
ter from Governor Chamberlain was
unjust in many particulars. . Even
many who will not agree fully with
Jadge Burnett's position on the partic
ular case, or perhaps on many others,
and will feel that he might temper jus
tice of ttimes with much mercy when
he fails so to do, will yet feel that the
"roast" was not all-foming to him.
i ' v 9 '''assssssanasasaaas
John Paul Jones' ghost must f feel
that a terrible lot of interest is being
taken in ; where the old bones from
which it escaped over a century, ago'
shall' be permitted to rest, after being
rudely taken from their bed in Gay
Paree. ' - Annapolis is likely to " be
chosen as the ' official burial place, ' '
howeverj where the future John Paul
Jones of Uncle Sam 's navy may read
the ' tales of the Boa Homme Richard
and gaze ia awe on these precious bones
with heart swelling with pride in what
their owner did and with hope of op
portunities to emulate , his - wonderful
acts and deeds of bravery for his coun
try. While Philadelphia, Washington!
and other places may have a. basis "on
which to claim - them, none is so meri
torious as that of Annapolis. ;
""- -: -
cirrxr kthcutivis.
His Excellency Takes Exceptions to
Nature of Reply Mad to
Official Inquiry. '
Both Xietter Teem With Severe Re
' buke and Official Criticism, But
That of Governor Is Most , Selent
lessly Scathing.
. (From Wednesday's Daily.)
The granting of a pardon to Otto Mil
ler by Governor Chamberlain yester
lay afternoon was the occasion for
making public the exchange of soma
exceedingly caustic official bmmunica.
iions between Governor Chamberlain
ind Circuit Judge George H. Bnrnett,
in which both officials take advantage
of the opportunity to Indulge in not a
few personal rebukes and insinuationH
quite unusual in ordinary of f ieal corre
spondence of that nature. The person
al Ill-feeling which seems to exist be
tweenTBe two prominent state officials
has been, on for some time', at least
since the governor granted a pardon 'to
oung Ryan of Butteville, contrary to
the wishes of the court.
The petition for the pardon of Mil
ler, who is servinz. three months for
lewd and lascivious , cohabitation, was
presented fo the governor hist week. It
ontalned the names of about fifty of
the most respectable and prominent
people of this city, and was supple
mented By an affidavit by the defend
mt's sister to the effect that he was
one of the three who were the sole sup
port of their mother, stepfather and
two small children. The previous good
character "of the defendant was also
pleaded in the petition. Before grant
ing the pardon the governor addressed
letters of inouirv into the merits of
the ease, as is customary, to both Dis
trict Attorney JUeJMary.and Judge iur
net lue reolv of the former official
vnile not a direct recommendation for
the exercise of executive clemency, is
virtually so, while Judge itumett taxes
1 decidedly opposite view or. the case
.and Ves not mince words in so stat
ing. Incidentally, so the governor has
construed it, he took occasion to point
out some of the official duties of the
chief executive in reirard to the ex
ercise of executive elemency in such
cases. t
Letter From the Judge.
0 After a recitation of the facts con
nected with the case, th letter of
Judge Burnett in part says:
"I am not advised as to whether ex
scutive clemency has already been ex
ercised in this ease in advance of com
munication with the trial judge, a pro
cedure not without . precedent, or
whether the exercise of that preroga
tive is yet in future, but, in either
case, in deference to your request, . j.
make this answer."
Then follows a review ot th pro
ceedings had in the case before bis
court, in Which he points out thelen
iency which was extended the prison
er by the, legal authorities, and by
which the charge of statutory rape
was dismissed by the district attorney
and the defendant permitted to enter
plea of guilty to simple lewd cohab
itation. This action was taken by Dis
trict Attorney McXary partly because
of the apparent difficulty he would en
counter in establishing the eorrect age
of the eirl. there being a dispute upon
thit question, and partly because of
the previous good character of the de
fendant. This is In accordance wita
the statement made by the latter of
ficial in reply to the governor's in
quiry. Following this up Judge Bur
nett says:
"It is stated also that the defend
ant has a mother and sister, the latter
being near his own age, 'both of whom
are very respectable and estimable la
dies, and that, on the other hand, his
paramour is abandoned nd dissolute.
As to the character of the paramour,
the defendant has confessedly contrib
uted toward making it what it is; as
to bis sister, he has toy his conduct es
topped himself from complaining . of
any rake, who might by seductive acts
make plunder of her ehastity.
I It Is So Defense.
"the obligation of ehastity in Hi
moral aspect, at least rests - equally
upon men and women, and it is unjust
to establish a lax standard for the
men aod an austere one for the women.
Hence I cannot perceive why the, defendant-
shoufd claim anything on ac
count of his paramour's character nor
why be should rely on the good names
of his mother and sister, whom he has
disgraced by his conduct. I '
If it is a proper policy for the ex
ecutive to encourage an easy going dis
regard of the laws designed to protect
maidenly chastity and enforce morals
among the young men, an following
the line of least present resistance as
to official responsibility, to nullify the
courts in the enforcement of such laws,
this ease would be good one in which
to promote such a policy. I am of tbo
opinion that sufficient leniency wasj
extended to the defendant by the dis
trict attorney in declining to prose
cute 'him for th' greater, offense of
statutory rape, and for thia reason I
decline : to recommend executive clem
ency in his favor." .'
Governor Kicks Back.
Governor Chamberlain took excep
tions to, the. nature of the reply made
by Judge Burnett,, and. also took ad
vantage of the opportunity to heap a
scathing rebuke upon the court, of ficial
for what be regarded as a personal and
official insult. The letter of the goxJ
ernor-addressed -to Judge- Burnett,
copy of which js a part of tae official
record" of the pardon, is priated here:
with in fall: - "
I beg, to own the receipt of year
favor of the 21st Inst., in reference to
the application forj a "pardon of Otto
Miller, now serving a sentence of
three months ia the, con sty jail of this
county. :. I " . ' -
"I addressed you on the sub jest of
'this application fojr pardon In com
pliance with statutory requirement,
and "a politely as I knew how. Your
reply, as is characteristic of yon is the
discharge of your official duty, teems
with insult. . . ; :
; Ypn sy you are not advised as
to whether., executive clemency ' has
been already exercised In t'os ease in
advance of communication with jj the
trial judge, a procedure not without
precedent, or whether the exercise of
that prerogative is yet in future.' I
submit that it would have been fair
to yon: to have assumed (yon have a
faculty sometimes of -indulging in as
sumption) that inasmuch as you "atul
been formally addressed upon the sub
ject, executive clemeney" had not been
exercised; but that the exercise of
that prerogative was yet in future, if I
fully understand what you mean 'by
that expression.
Points Out the law. .
"In this connection it might not be
out of place to call youf attention to
the ."statute governing this subject,1
which only requires the" executive " to
call upon the trial 'judge or the dis
trict attorney for a statement of the
faets proven at the trial in those cases
where an application is made for a
pardon or for the remission of a. fine
or forfeiture.". The executive can com
mute a sentence' in . any ease witiiout
ealling upon ejjther the judge or the
district attorney for such statement. I
seem to have incurred your judicial
displeasure, by the commutation of a
sentence imposed by you - recently.
You then threatened that I would hear
from it. Is your-lctter the consumma
tion of that threat! x; . ;'
"In compliance with the request
contained, in my letter . in reference to
the Miller, application, you have in a
very few lines given me an outline of
what eeurred at the trial, namely, a
plea of guilty entered by the defend
ant on a charge of lewd and lascivious
cohabitation; the brief statement by
the district attorney to the court as to
the circumstances attending the 'crime,
and' the sentence imposed by the court
upon the defendant of three months in
the county jail. This wit fi a declina
tion to recommend execujive clemency
would have been a full and courteous
compliance with the taw Uon your
Pa- . - ' '
compromise witn ionscience.
. "But you eannot resist the tempta
tion to be insulting even in the -discharge
of official duty. Nor is that
alL You take occasion on thio, as you
are frequently wont to do at other
times, to go beyond what the law, con
templates and expects you to and
devote the balance of a three-page let
ter to an essay on cnastity and the
moral Obligation v devolving upon men
to see" faat the sme standard is ap
plied to both sexes in regard thereto.
The" correctness of your proposition on
this great moral question is granted.'
But uuder the ease stated in your let
ter, the defendant was guilty of stat
utory rape. With your lofty but aus
tere views on the subject discussed by
you, why did you not sec to it that ,t ae
district attorney returned an informa
tion charging the higher ctimc, and if
his views were too lax on the relations
of the sexes to suit you, why did you
not impanel a grand jury and see to
it that the proper, example might be
made of the youthful 'defendant! You
certainly had the power to do this last.
But if you answer that you did not
want to infringe upon the territory of
the district attorney, why did you not
give the young man the highest sen
tence authorized by the statute for the
lesser offense I This would have been
along the line of the doctrine you
preach. Can it bo that with your strict
views upon the subject :upon which
you moralize at such length! you are
yet willing to compromise with con
science and impose a light sentence
where, from your viewpoint, a serious
crime had been committed! .
Were Mitigating Circumstances.
"The fact is, there were mitigating
circumstances and you knew it. Your
sentence proves your knowledge. The
district attorney, a fearless prosecutor,
an honorable, upright lawyer, but
withal a humane and kindly gentleman
knew it, and was not afraid to protect
a young man from the injustice of con
finement in tue penitentiary for a
term of years. The mitigating cireum
stances were . such that a dismissal of
the entire charge might with propriety
have been ; entered and noone would
have been criticised therefor by -any
one who knew the facts.
"But aside from the easo in hand,
you' indulge in s few suggestions as
to the duties ot the executive, for all
wbieS The executive is duly grateful.
If the executive applied the same rule
to the judge in this ease as the judge
applies in every, ease to the honored
bar of to is district, be would, with
the blantnesa and brutality of a; hue
caneer, refuse to bear any suggestion
outside of-the point at issue. But the
executive is glad to hare these suggea
tions, even if they are voluntary an?
nol to the ioint. And now that the
example has been set by so eminent an
authority, you cannot find fault with
toe executive if in reply to your Ictiei
be indulges in a few suggestions mt
to the duty of the courts at least,
some of them. I have the greatest
confidence th all our American insti
tutions, and particularly in our courts
federal and state. But my experience
has taught me that these latter insti
tutions. as all others, are but human
and that some judges assume not only
that they are paragons of .virtue, bnl
potsess, a welL all the knowledge
both as to law. and the ethics of a mag
nifieent anil honored profession. : Th
judge who entertains this opinion of
himself is always harsh, arbitrary-an
tyraaical, and sometimes unjust
Though always treated with that dis
tinguished courtesy which character
izea the bar, he feels that the bar if
entitled to no consideration whatever
at his ban3s. lie plays foe part of
the bully and the braggart rather than
the jurist and the judge. Men who
have graced 'and honored the hjghes!
judicial positions are brow-beaten an
insulted, and out of respect to tradi
To Ciifq a CoM
Sevca ICZon loxe ac!4 ta pott 12 raorrtis. Tth t!CLtcrCt
fgBm' 'Kx'-.ss m
A Multitude of Neir Fealorcs
Daro-Dack Acrobats, Cy onsets Tiz!rsert finlntai
tUcSors Mid-air Performers -
RoseDockriil Seven Marvelous BcL'ortf l?er J of lilsphal
Dolly miller Melnotte.LaNolcaMsJaottc Congress of Sec!
Cstelle Settler l Flylnjr Vlctorella5 Troupe ' Cml5, Llamss.
M'lloJuIIen Darlni: AerUI VeaVers Drontcdcries Broken
Oeorge Holland Five (Flying Csjivirds to Harness.
Frank Miller Famous Gardner Fam'Jy Merc Siberian Ilcer
Austin King Graceful fU Donald Trio Cakc-Walklng M a II ion
Jos. Lyons Seven Kisnlrnons Japanese Ono Hundred Sbctland
Herbert Rumley Six Suglnioto Japanese j " Pony Ualtet & Or l.l
Wo, Out ton LsdyS words women Fencers TraincJ Pclteana x Ptg
All Kinds of Hacking, Thrilling.
Headed by 'Cheerful Jiai"
The Grotesque Oiipans Tote
v An Imperial Collection of Rare Wild Beast
Biggest and Best of Features of Eve Kind
y. Will Leavo the 5hw Grounds Every Morninjc at 10 JO
uii., 50c. Children, 25.1 v One Ticket Admit You to Everything
tions which have governed the profes
sion from twne immemorial, they sub
mit patiently to discourtesy at the
hands of such a judge without murmur
or protest. 1 leave it' to you to say
whether or not you know of any one
who fills the ratasuro of the picture
portrayed. j
Brutal Insult Received.
"The bar of this district is patient
and long suffering. It h submitted
to JU-treatmcnt and brutal insult at
yonr bands for "many years. It may
submit for some years yet, but mark
the warning "Pf one who bus always
treated you with civility nnd respect,
a,nd sometimes, even when there was
great provocation to meet insult with
insult, and be admonished" that the
time will come when you will awake to
the knowledge that some means will
be adopted to limit the power even of
judicial outrage. The first step has
already been taken by the legislature,
and the legislature and tae people have
still. the power to-teach you that they
h'ave some rights which even a c'nrr
must occasionally-lespect. , Ud only
knows to what .lengths you Would go
if yours was a court -from which tapre
was no appeal. Hu't fortunately there
is a supreme court to which an apical
may be taken from biased, arbitrary
ind erroneoys rulings made by . you,
nd an ext-cutive 'to whim appeal may
fe ms'le iroir, bursa, unjust anil un
righteous judgments rendered, and sn
tences imiKecI Ly you in thoo cases
here it Is inijsibl. for counsel to
ricure over your ignture a bill of
xet-ptions whicU wilt it fully an-t
.rutofully mirror to the apjxlate court
he tyrsrtnical proceed irfj;"! of the court
ver which you prcMdo. Besides thrfo
ribvnals to -whib . recourse- niny be
:ad fifom any court where iniadamao
hus rules note rules cvea" the legis
iture of thbi stale sonrelhnes, jn ia
uitituile f its duties, takes time to
dace a check upon tyranny at the
nd of the courts, and so late as the
ast session tt said . in trumpet ' tones
bat a man on trial for his Iilerty or
sis life should, if , be so sircl, have
wo hours, at leatJt, Vitaiu which to
ave bis rnne j.rewnted by his coon.
1 to the jury. A long Hme, it is true,
o a judge who hulri?9 thj public busi
ess In order luat he may zt laek to
oe comforts of li "home, but a v?ry
bort tii to ITie'raaa woose lilwrty,
r possibly his life, deud upon a fair
resents! ion f his ea to a j'iry of his
eers.. In tho language of l'oje:
' ,The ' hnnry judges soon the sen
tence sifrn, .
ind wrpteke ban that jurymen may
dine. V 'r '- :'." ' -
v Ooternor Suggests a ModcL
''Possibly you remember t'ne arbi-
rsry ruling of the' court, annbe court
rhere it was ma-le, tnat induced, the
Rtoirotilayp Way G0
TwoTcrfcrrninces Dally, 2 and 8 p. M.
:v .,cuviitcuTF DPR IM
Never Ccfcra Vc.ii ii AiLi
Reel Races awl Tests of Skill
West, Harpy Billy" li Kne,
Duckrow 'I'unny Dill" SctAt
legislaTTTre al its lasf hpsVidi) to amend
a statute, which, inc' Oregon 1i;i1
been a state, had never l- n nlmseil y
any of the illuMrious ju'ltfv. who, in
being lionoreil by the people, nad rf'n
ored the bench to which they had been
elected. "
I trust you will pardon-the fnuik
ness'wlth which 1 aiblri-ss yn. Tle
discourteous language in wniili : your
letter, is couched lcl melto tlii
frankness, and I will f(''l am''.v r'
paid if anything herein contain"d will
lead you to adopt a a model of judic
ial integrity, uprightness nnd dignity
the eminent jurist who preceded you
on the lencli, and who, though now on
the ?hady side of life, in loved nrt'l
honored by the !enchf the bar nnd the
people of the whole state." , a
. mw
Balom 'Citizens Should Weigh Well This
Evidence j
i'.rfof of merit lies in the evidence,
Convincing evidence in Hah-m.
Is not the testimony rf ftrang rs, v
Hut the endorsement of Kalem- people.
That's the kind of proof given here
The statement of ii Hulem citizen.
."William II. Spavd, living at tho cor
ner of North Winter and I sired".
sys: Words cnnot es press ny
on'mion half strong enough of I"n
Kidney Tills. 1 have lin,wn their re
tnarknl.ta. merits for the ' last eiglit
years, having used them in Hinton
county, Mieh where I was living. My
kidneys were a source of annoysn-e
for juite a nuniler of years. ; 1 had
much pain across n.v loins and the se
cretions from the'kindncys were irreg
ular in action causing me to often
in the night and at times there was a
scalding. 1 also bad i more or less 'fli,
Aness. I procured poan's Kidney
J'ills from Dr. Stone's drug store nl
gave some to a jterSon visit ing us and
they gave her wonderful relief, and in
hit r.w m nan iiriif iivcii . . ' ' ' j .
My backache was relieved andf the trou
ble with the kidney secret k.ns w cor
rected. You are at liberty to refer to
me as one who can endorse tho claims
made for Poan's Kidney .Pills and I
also know of a great many others who
have used them with the best of re
sults." '
Vn bsIa f.w all denier. I'rice SO
cents. Foster-Milburn Co., PttfTalo, New
York, aole ants for the i;mtei
Retnemfier the name Doan's and
take no other.
tiivmv Aht-ii 07 No further news
Umm ciilher ItoiestVCD-
111 v II I V .S,-S S a - ,
sky or Nebogatoff s squadrons. The re-.
lort was ernnrmei mat ine buoiiii."-
..II. .,! Hainan lillt SC"
S.IJlv M ' i ' - .1. --j
cording to The -Telegraph's correspon-.
n r.i ; id. antiiorities learned
that t&ehliufsians-ar using Hainan a
a base.k . .. ; ' ' i t
Cores CHp
in Two Days.