Editorial Page of Yke Salem Capital Jotra&
FRIDAY
JUNE 13, '13
The Capital Journal
PUBLISHED BY
The Barnes -Taber Company
GRAHAM P. TABER, Editor and Manager.
An Independent Newspaper Devoted toAmorican 1'rineiples and the Progress
and Development of Salem in Particular and All Oregon in General.
l'lihllHhpd Every Evening Except Hunday, Hnlera, Oregon
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"New Today" ads strictly cash in advance.
The Capital Journal carrier hoys axe
porch. If the carrier does not do this,
paper to you on time, kindly phone the
way we can determine whether or not
Phone Main 82.
HAIR SPLITTINO.
THE Oregonian Thursday, under
the abovo caption, says: ''Inter
torontod pcrHons in Ralom have
supplied the Capital Journal of
that city with argument in support of
the theory that the special referen
dum election law is constitutional and
in opposition to the Oregonians criti
cism of Judge Galloway's docison."
Thorn is a maxim of tho law that
says: "lie who asserts what ho does
not know to bo true, is as guilty of
falsehood as ho who assorts what ho
knows to be not true" Ab the Orogo
nian merely guessed as to our source of
information and mado an assertion that
it did not know to be true, and which
is in fact absolutely false, it stands clas
sified judicially, and in our opinion, ju
diciously as being a deliberate falsifier.
This is mentioned editorially because it
is not now. However to bIiow tho
thinness of tho Oregonian'B argument,
and the obtusenoss of its editorial
bunch wo print tho editorial in full, It
says:
"Interested persons In Salem have
supplied the Capital Journal of thnt
city with argument In support of the ,
theory that tho special referendum eloc-
tion law is unconstitutional and in op-,
position to The Orngoninn 'b criticism
of Judge Galloway's decision."
"It Is argued that boyuiso tho first
paragraph of tho law Bets a day for
a special election without relating
cause or reason therefor, the act does
not moot tho requirements of the con
(dilution thnt spocinl elections shall be
called for a specific purpose. Yet the
succeeding paragraph of tho law pro
vides that all measures passed by tho
Twenty-sovonth Legislature upon which
tho referendum shall be invoked shall
bo submitted at such special election.
"While tho submission of such meas
ures is admitted by our ingenious
friend to bo tho purpose of tho elec
tion it is hold not to be the purpose
because tho Legislature couldn't hnvo
thnt kind of purpose and keep within
tho constitution. Tin) argument turns
en a provision of the constitution
which provides thnt no law shall be
passed which "shall be made to de
pend upon any authority, except bs
provided In this constitution." This
leads to tho following:
Tho taking effect of this law, if it
was possible for it to take effect at
all, is made to depend upon a contin
gency. Thnt contingency was and Is
the invoking of the referendum on any
measures passed by the Twenty seventh
Legislative Assembly. It would de
pend upon whether or not Parkinson
or some one else worked up a refer
endum on tho IT, of O, appropriation
er on some other bills.
"A very similar attnek was made
neveral years ago en the local option
law of 1!)0!S. Thnt act provides for tho
calling of special elections contingent
upon somebody working up a petition
nd acquiring tho signatures of 10 per
cent of tho voters. Tho local option f intoxicating liquors shall be per
law even goes so far as to declare mitten or prohibited in the political
that prohibition within the political
subdivision designated in the petition
shnll be contingent upon tho vote of
tho pooplo In tho special election, There
in not only one but two contingencies.
Yet the supremo court has held that
tho local option lsw does not con
travene the inhibition in tho consti
tution cited by our Salem critics.
"The only distinction thnt we can
discover between tho two lsws in the
particular of creating a dependency
on some other authority is that the
local option law provides for holding
an election 'en the first Tuesday af- j
tor the first Monday In November jif,
snjr Tear'; whllo the referendum elec-
LADD & BUSH, Bankers
TKAN8ATTS A OENKRAL BAUK'HO BUSINESS. SAFETY D- I
P08IT BOX. TRATELKRfl' CHECKS.
'Want" ads and
Instructed to put the papers on the
misses you, or neglects getting the
circulation manager, as this Is the only
the carriers are following instructions.
tion law provides for an election 'on
tho first Tuesday after the first Mon
day in November, 1913.' If it bo con
tended that it is lawful to call an
election in any year but unlawful to
call one in a specific year, each elec
tion to be contingent upon tho filing
of a legally authorized petition, the
hnirsplitting is so fine that The Ore
gonian cannot see it at aH."
The trouble with our big, brother
down tho creek whom we shall endeavor
to Bet right at the vory imminent risk
of having your ears boxed for doing
so, is that it does not accept tho law
as made by tho legislature, but under
takes to make another as a substitute.
Tho legislature called a special election
to be hold tho first Tuesday after the
first Monday in November, 101.1. It is
called absolutely whether there Ib any
thing to vote on or not. It provides
that the roforondums if any shall bo
voted upon at that time. Suppose the
referendum had not been invoked? The
election must bo held jutt tho Bnme and
it would cost $75,000 to hold it. The
Oregonian sayB: "Yet the succeeding
paragraph of the law providos that
nil measured rtaHsed bv tho 27th loizis-
,ature npm -whi(,h tho refore,lllmn iB
jllvolv(lll s,m)) mhmitleiX at ,,,.
. , ; ,. ,, No , bt th ,.,.
turo intended to get aronud tho con
stitutional inhibition, but it did not
do it. The Oregonian attempts to read
,, , ftW wnftt ; not thor0i to
, . , ewl-ion in 9I3i
M or tho pilr,0Re o V()tiI1 ,,
all laws upon which tho referendum
is invoked. It is substituting the evi
dent attempt of tho legislature for its
act.
Courts do not construe laws by what
their makers intonded, but by what
j they did. No other course is possible,
Tho Oregonian ifl disingenuous, fo? t
compares tho law in question with tho
local option law which provides for
holding an election on the first Tues
day after the first Monday in Novem
ber in any year." It does not, how
ever give or attempt to give tho sub
stance of that law which is as widely
different from the law in question as
black is from whito. The local option
law is a genoral law, laying down tho
conditions under which a special elec
tion may bo called. It does not call an
election, but prescribes tho manner in
which localities may vote upon tho wet
or dry proposition. The law under dis
cussion calls for A special election nest
November, whether there is anything
! to vote upon or not. Tho local option
' law proscribed the manner of holding
1 certnin locnl elections, but it did not
I call them. Passing upon this question
in the caso of Fonts vs. Hood River,
in the opinion by Chief Justico Wot
verton, tho court held:
"The local option law adopted in
'""'i "nH providing that upon tho
. of a petition of a designated
' b f"'"ty court shnll order an
. election to determine whether tho sale
, subdivision, designated in the petition,
! ''I ht ,f 'n vo is against per-
mission, the prohibition shall take ef
fect on tho first day of July next
succeeding, is a general act, which be
came a law pursuant to proclama
tion, and Is not within'the prohibition
of the constitution of Oregon Act 1,
Sec. 21, providing that no law shall
bo passed tho taking effect of which
shall depend upon any authority, ex
cept as provided in said constitution,
though the operation of the prohibition
feature is conditional upon tho vote
in ,h subdivision designated In the
I'Ptltou."
This we presume is tho law the Ore-
gonian refers to. Just note the dif
ference the law of 1913 calls a spe
cial election to be held in November,
1913, at which referendum petitions, if I
any, must be submitted. The local
option law provides the manner in
which elections may be called by
county judges in case petitions are
filed. To make the cases synonymous,
the local option laws should provide
that an election should be held every
November for the purpose of voting
on local option petitions, if any.
The one is a law calling a Bpecial
election for no avowed purpose. The
other a law prescribing how communi
ties may hold elections on the wet or
dry proposition.
The Oregonian tries to draw the in
ference that the act was passed for the
purpose of calling a vote to be taken
on all referendum petitions. Would not
the inference that it was passed just
to give our newly made voters, the
ladieB, a chance to practice their pren
tice hands be just as reasonable! Would
it not bo moTe reasonable, since the
election is called for no avowed pur
pose, whatever!
PROTECTION INDEFENSIBLE.
THE PRINCIPLE of protecting in
dustries is indefensible no argu
ment can be advanced in favor
of the principle that a six horse
team cannot bo driven through Pro
tection is based upon tho theory that
a man engaged in a given occupation is
entitled to the privilego of receiving
more for the products grown or made
by him, than the price for which
others would furnish tho same product.
The Oregonian Thursday calls atten
tion to the injustice dono Umatilla
county farmers by the removal of the
duty on oats, and speaking from the
viewpoint of the eastern Oregon farm
er says:
"They see that oats are to be on
the free list and they wonder what i
benefit would accrue to them if a large
crop in Umatilla county came in the
same year as a short crop in other
sections of this country and a heavy
crop in Canada. Four years ago, when
there was such a combination of events,
Umatilla farmers got W0 a ton for
their crop, being shielded from Cana
dian competition by protection. With
barley on the free list, they would have
to share their good fortune with Can
ada, perhaps give that country the bulk
of it."
But in plain English, the above state-
ent means that when crops are light
elsewhere, tho Umatilla fanner with
a big crop, should be permitted, in or
der to get a big price for tho same,
to compel all users of that crop to
pay an exorbitant price, in order to
benefit tho Umatilla farmer. The con-
mer must pay an unusual price, to
bonefit a certain few. The consumer
of the oat crop that is tho purchaser,
is tho city teamster, contractor, or per-
na nnnnmtj in Oil 11 nnmt OP t P,l blisl
ness. They have a right to be pro-1 SS5SS!!??5S!!!!
toctcd just as much as the farmer w(lre done, who would occasionally en
or anyone else. They aro enthtled to lighten tho stygian gloom that peronni
protection from tho man who is pro- By surrounds tho Oregonian 's collec
tectod, as great as he has to be pro- tive editorial think tankl We do not
tectcd against othorB. 'enjoy calling our big brothers' atten-
Tho Oregonian advances the idea tion to their shortcomings. They might
that with the protection of barley or bo compelled to buy Bmaller sized hats,
oats, tho farmer who had a great crop Bna thin on top of the extra expense
"would havo to share their good luck 0f the rose carnival would bo a fi
with Canada, perhaps give that country nnncial injustice. However, we are
tho bulk of it." glad to note that our somewhat harsh
Admitting this to bo true, let's look but really weJ meant chiding has had
in the other end of the telescope. Un-1 aomo effect, and the editorial bunch
der tho conditions named tho consumer
would have no one to share his ill luck
with, tho law having made him tho
goat. Tho good fortune of the man
with the big crop would bo not in
tho size of his crop so much as in
the privilego given him by law
charge an exorbitant price, and havo
his "good luck" at tho expense of
the "ill tuck" of the other fellow. The
same paper also speakB of Canada
sending wheat to California. As Cali
fornia now ships millions of bushels
of whent and the price is fixed In
London, Canada would ship her wheat
to London, or If Bhe sold It in Cali
fornia, tho purchaser would ship It
there, making a profit on It. The great
American consumer is going to have
his innings. Ho is going to buy in a
market where prices aro fixed by sup
ply and demand, not by law, and he
will no longer bo satisfied to be the
victim of Bpocial privilege. '
As a genera thing the producer Is
helped but little by the tariff. Its
benefits go to tho middle man, the
speculator. This Is a great free coun
try, or should be, whore everyone
should have the same rights and priv
ileges as his neighbor. The govern
ment has right to tax the people,
to carry on the government, but it
has no right to delegate the right to
levy a tax, for their own benefit, to
any man or set of men. '
A PLEASURABLE CHANGE.
WE AKE pleased to neto that
the editorial bunch in the big
tower in Portland is1 recover
ing from, or at least not giving
vent to Anarchistic and blood thirsty
sentiments. A few days ago it stated
that if such "fellows" as the tditor
of the Capital Journal were not at
times diverting they should l cut off,
wiped out, assassinated. Yet if this
Here
We
Are
With
the
Best
Values
SALEM'S GREATEST STORE IS
THE CHICAGO STORE
We are here with the right merchandise the people want.offered at the lowest prices
quoted in the Willamette valley. Come and let us prove it to you.
$18.00
SUITS
NOW
$7.90
$9.90
and
$12.50
COATS
$6.90
and
$10.90
Girl's Waslr Dresses
Priced Away Down
ALL SIZES
AND UP
has returned to legitimate argument
and comment in dealing with a mis
guided country editor who has the
temerity to think other than as it does
rather than calling him little, a fellow.
Bni squelching him by their overwhelm-
3Sc
49c
59c
65c
75c
98c
tong mental ponderosity. They should
remember that length is not longitude,
and that the size of one's position is
no Indication of the qualities of mind,
of tho one holding it.
4
X-RAYS.
Lady Constance Richardson, an act
ress, has just arrived in New York for
a two-weeks' engagement, According
to the dispatches, ' she wore a gown,
kimono style, made of Japanese silk,
that cost only fl cents a yard, and the
split in the side of said gown, the braz
en reporter says, showed that she wore
no socks, and sported sandals. She has
the advertising line, though in full
costume.
.
The Royal Annea strikes us as being
rather effeminate as a name for the
Cherry City Boosters. How could they
get up alongside a bunch of Black Re
publicans! "Tho Bings" would fit
better.
...
The thanks of all tnie Oregonians
are due to Jupiter Pluvius for behaving
himself during the Portland rose car
nival. The crops need rain, but will
not suffer for a day or two, and the
Rose Carnivnl is surely of enough im
portance to pay for a few days of
waiting.
The Oregonian says the auto parade
at the rose carnival was not up to
standard the autos poorly decorated,
and in fact was practically a failure.
The Oregonian is eminently correct in
the STORE THAT SAVES YOU MONEY
Bargains in
Millinery
Milan shoes, trimmed
hats, ostrich plumes, fan
cy stickups and flowers
of all kinds now on sale
at the lowest prices iu
Salem.
Trimmed Hats
up to $7 now
$1.98, $2.50
and $3.50
LADIES COATS AND SUITS
Now on sale at prices lower than ever quoted in Salem for navy blue and fan
cv tailored garments.
: NAVY SUITS $8.90, $10.50 AND UP
Extra
Special
PercaleB, all col
ors, yard Be, 5 Vie
8 l-3c.
Dress tiinghama
yard, 5c, 8 l-3c
10c.
8c and 10c lawns,
yard, 5c, 6 '4 c.
500 yards of silk,
now on sale, yd.,
25c, 35c and 49c.
Remnants of
Wool Dress
Goods half price
Chicago
Store
1,000
PAIRS
OF LADIES
Kid, Silk
and
Lisle
Gloves
now on Bale
long and short
pair.
25 c
35 c
49 c
AND UP
its criticism. The carnival attracts
thousands of people to Portland, and it
is up to her people to do whatever they
do in the way of display in first-class
shape, or cut it out. Otherwise the
"Bhow" will cease to attract, and our
big Metropolis will play to empty
benches.
Slowly Salem is returning from the
Portland Rose Carnival. By Saturday
morning the streets will no longer bo
deserted,
...
The Southern Pacific depot that was
good enough for Salem 40 years ago, is
not good enough for Salem today. The
depot has deteriorated, while the city
has developed, and they get further
apart every day. It is hoped their
parting may not bo far distant.
If the Southern Pacific, wants its
share of Salem 'b passenger traffic, it
will connect its street car lines with
its main line down at the old barn,
where passengers are given the benefit
of the corral while waiting for the
train.
Host Children Have Worms.
Many mothors think their children
are suffering from Indigestion, head
ache, nervousness, weakness, eostive
ness, when they are victims of that
most common of all children's ail
ments worms. Peevish, Ill-tempered,
fretful children, who toes and grind
their teeth, with bad breath and colicky
pains, have all the symptoms of having
worms and should be given Kickapoo
Worm Killer, a pleasant candy lozenge,
which expels worms, regulates the bow
els, tones up the system, and makes
children well and happy. Kiclapno
Worm Killer is guaranteed. All drug
gists or by mail. Price 25c. Kickapoo
Indian Medicine Co., Philadelphia and
St. Louis, J. C. Perry.
There Is so real need of anyone be
ing troubled with constipation. Cham
bcrlains Tablets will cause an agree
able movement of the bowols without
any unpleasant effect. Give them a
trial. For Bale by all dealers.
To Core a Cola Is One Dsy.
Take LAXATIVE BROMO Qutaln
Tablets. Druggists refund money If It
tails to cure. E. W. GROVE'S Signs
turs Is on each box, 15c.
Parcel
Post
at
Your
Service
agnMnnnHBsnBBon
lllllillll
It iB truo that women more frequent
ly Buffer from kidney trouble than men.
It is also true they suffer more intense
ly, owing to their more sensitive organ
ism. Katherine L. Norton, New Bed
ford, Mass., says: "I bad a terrible
pain across my back, with a burning
and scalding fooling. I took Foley Kid
ney Pills as advised, with results cer
tain and sure. The pain and burning
feeling left me, I felt toned up and in
vigorated. I am glad to recommend
Foley Kidney Pills." They are tonic in
action, quick in results. Dr. Stone's
Drug Store.
People on rural routes don't like
holidays, especially when they come on
Saturday or Monday no mail.
HANDS UP!
We want your money, life
and property.
Your money to loan and in
vest. Your life to insure or make
- happy.
With one of our many bar
gains. Your property to sell, trade
Or protect with fire insur
ance. We have bargains in farm
land, acreage, fruit tracts or
city property and business
chances, hotels, restaurants,
pool hall, candy, grocery or ci
gar store.
We rent Houses and
Furnished Rooms. We
sell Insurance of all kinds
List your bargains with us
and we will give you square,
prompt and courteous treat
ment. Houses and acreage on in
stallments. Acme Investment Co.
A. B. COOK, Manager.
Phonos: Office, Main 477; residence
'Main 2487.
Opposite Court Hons. S40 State 8t
Employment Bureau in Connection.
THE
J AD. MAN'S
CORNER
MMtf-4
I
ADVERTISING VS. .ETHICS.
A short time ago at one of the ses
sions of the Seattle Ad club, the ques
tion of medical advertising was dia
cussed. The ethical side was taken
by four of Seattles most prominent
physicians and it was shown beyond a
shadow of doubt that all medical ad
vertising is fraudulent and that no
reputable practitioner can possibly ad
vertise and retain his honesty. The
unfortunate feature of this discussion
is and was, it was one-sided:
TO THE MIND OF THE PROFES
SIONAL AD-MAN NINETY FER
CENT OF THE ARGUMENTS PRE
SENTED BY THE PHYSICIANS
AGAINST ADVERTISING WAS IX
REALTY EXCEPTIONALLY FINE
ADVERTISING COPY.
One of the physicians said, "that
when a physician enters a home, the
only security that tho people of that
home have against ill advice or dis
honest treatment is the physician's per
sonal reputation for honesty and fair
dealing. In tho doctor's opinion, a man
would cut a sorry figuro if ho ad
vertised the fact that he iB an houest
and reputable practitioner, for the sim
ple reason it is tho habit of those
medics who are now advertising to
exaggerate, to promise impossible cures,
and to claim that their skill and equip
ment are the best in the world. For
the honest man to make an honest
statement in the advertising columns
against the superlatives' of tho trick
ster would be, in his opinion, the height
of folly.
In the opinion of the advertising
men who listened to this physician's
remarks, the presence of a two-column
advertisement in the daily newspapers
of Seattlo every day for six months,
placed there by tho King County Medi
cal Society, a a society, and sotting
ont just the above facts, would drive
tho man who exaggerates out of busi
ness. The only imposition that can
be practiced on the public by an ad
vertising doctor, whether he bo an an
gel or a thief, is possible through the
general ignorance of the medical pro-
l fession. A glance through tho current
issues of the comic papers of the world
, will show that tho medical profession
i reaps a greater number of quips than
any other profession. Because of the
fact that the doctor is not called nor
his services sought until the day of
trouble, there is a popular feeling
against a physician in the rank anil
file; were the physicians themselves
by the same process of advertising
I which has been used of late years by
financial institutions, by railroads, and
by life insurance companies to talk
directly to the peoplo and set them
selves right with them, they would re
move this prejudice by removing the
Ignorance that causes that prejudice;
and they would so fortify the reading
public against what they are pleased
to term the quack and the fakir that
i any exaggeration or dishonesty in a
j medical ad. would bo recognized at sight.
In many American homes tho fnm
. ily physician is a welcome guest, a
j counsellor and friend. The relation
ship is based on mutual understanding;
the doctor Bnd the family have seen
trouble together. But in an hundred
homes there is dread and ignorance of
the physician where there is a happy
understanding in one.
Again, the speakers brought out the
fact that the medical profession is
based on service to the people; that
tho better the physician tho quicker
he heals the sick, and therefore the
quicker he reduces his income, where
by trickery he might enlarge it. Also,
as it is his duty to proceed along thst
j line, it is improper for him to advertise,
; BECAUSE ALL ADVERTISING 18
FOR FINANCIAL GAIN.
HERE AGAIN THE PROFESSION
AL AD MAN DIFFERS FROM THE
OPINION OF THE MEDICO. ALL
ADVERTISING IS NOT FOR FINAN
CIAL GAN.
Much of the advertising that h
been done is the last five years by
banking institutions has been to edu
cate the people in the general priori-
i pies of banking and thereby prevent
! senseless and damaging runs on banks
in days of trouble.
If the physicians are sincere In their
attitude that it is their own duty W
so serve the people that their inoorasi
' shall be kept down, then I think there
I is no one medium through which the?
could teach the public to keep well
: equal to a two-column ad in the pre"
of their cities, this ad to appear twir
a week for six months.
INDEED, THE FUNDAMENTAL
POINT OF DIFFERENCE BETWEEN
THE MEDICS IN THEIR SPEECHES
OF LAST TUSDAY AND THE BE
LIEF OF THE AD MEN IS A3 TO
WHAT CONSTITUTES ADVERT'
INO.
(To bo continued.)
Oh, the poor congressmen, wits
.prospect of racking thoir brains nir
I currency bill during the dog days.