"T
he Capital Journal"
1'IUPAV EVENING,
December 17, 18j.
CHARLES H. FISHEB.
Editor and Manager
Editorial Page of
PUBLISHED EVERT EVENING EXCEPT SUNDAY, SALEM, OREGON, BY
Capital Journal Ptg. Co., Inc.
1L S BARNES, CHAS. H. FISHEB, DOHA C. ANDRESEN,
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IS IT IMPRISONMENT FOR DEBT
There was a peculiar and therefore interesting easeji
before the supreme court yesterday, in wmcn uw imuy
most interested, J. D. Swank, is asking the court to give
him his liberty. It seems Swank had been deiendant in
a suit before Judge McGinn, of Portland, in which the
jury had awarded the plaintiff judgment against him
i'or $525, and costs amounting to $28.25. Swank made
affidavit that he did not have property of the value of
$20 over the legal exemptions.
Judge McGinn, however, reviewed the evidence, and
believing Swank had property concealed for the purpose
of defrauding his creditors ordered him imprisoned ift
the Multnomah county jail. His attorneys filed a motion
asking the release of the prisoner and this being denied
they appealed to the supreme court.
The case is of more than passing interest for Swank's
attorneys take the position that he is being imprisoned
for debt.
This brings up the question as to whether when a man
has sworn he has no property, he can be held in jail. If
so, how long can he bo held, and in case he has told the
truth and has no property will he have to stay in jail un
til he gets some? If a judge can keep him in jail at all
on such a showing can he not keep him there for life?
Would not the proper remedy be for the parties to
prove he had property concealed and then prosecute him
for perjury? It may be suggested that the parties might
not be able to prove this. In that case would not the
judge be holding him in jail simply on suspicion?
What the decision of the supreme court may be, it is
certainly an unusual proceeding and one fraught with
danger to the liberty of American citizens. Another
feature of the case is that if Swank should be set free he
would have no redress even though he had been held a
prisoner for years, for he could have no action against
the judge, as such, and as the parties to the suit did not
ask for his imprisonment he would have no claim against
them. At the best, or worst, it is a dangerous precedent
A BILLION BUSHELS OF WHEAT
clipped from, the Oregon City Enterprise: "From every
section of the country, but principally from the northern
and western states, come complaints of impaired rural
mail service. In an effort to save the few thousands of
"dollars to make up part of the deficit brought on by
democratic tariff legislation, the postoffice department
is cutting the service not only in cities but in rural dis
tricts. The latest protest comes from Bristol county,
Massachusetts, where mass meetings have been held to
devise means of averting the destructive orders of the
department. Residents of some towns find that under a
recent order they must change their postoffice addresses,
as they will henceforth reside on rural routes extending
from cities other than those from which they have re
ceived mail for many years. Until all their correspond
ents learn of the changes, letters will go to the old ad
dress and be remailed, with a day's delay, at the least."
When you come to' think of it, isn't it absurd to try to
make a national issue over some little local postal disturb
ance, due to changing of systems, in Michigan, Texas, or
anywhere else. Such are occurring frequently in this
country and always have, and they are soon remedied.
Strange that this political press bureau can stir up no
issue of real national import!
Salem druggists it is claimed will not sell any whiskey
after the first of the year under any circumstances, and
will handle alcohol with a difference and bashfulness
hitherto unknown. The opinion of the attorney general
is to the effect that if they sell alcohol, even though the
party' purchasing it makes the affidavit required by the
law in such cases, and then happens to get soused on it,
the druggists will be liable for the misuse of the dope.
The druggists very wisely refuse to become responsible
for what another person may do when in the company of
a jug of booze, for both the temptation and the liquor are
strong, and man, especially man with a jug, is weak and
liable to wabble from sobriety's straight and narrow
path.
A Galley o Fun!
THE CORRECT LENGTH.
Mrs. Dresser Do you thing this
dress is long enough behind, JackT
Mr. Dresser Plenty! Any mocrobt
that can escape that isn't worth catok-lug.
That the United States grew nearly a billion bushels
of wheat this year is the estimate of the department of
agriculture. That is some wheat surely, but the mind
cannot grasp the amount oi it without some aid by which
it can be put in more understandable form.
As the Minnesota mystery is cleared up, the munition
plots grown tiresome, and politics not yet demanding the
good citizen sit up of nights to keep track of them; a few
minutes spent in "speculating in wheat" may not prove
unprofitable.
A bushel standard measure contains 2150.42 cubic
inches, and is just a trifle more than a cubic foot and one-
Jilth, which we will use for our "speculating."
A bushel of wheat would fill one foot and a fifth in
length of a trough a foot wide and dee), and a billion
bushels would fill such a trough for a distance of one
billion two hundred million foot. Counting the distance
around the earth as 25,000 miles this would be in feet,
l.OOO.OOO. It follows then that the wheat crop of this
country this year, one billion bushels, would fill such a
box reaching clear around the earth nine times, or would
fill a box nine feet wide and a foot deep for that distance.
If this same crop was loaded into freight cars each
holding I.H) tons or 1,000 bushels, and these cars were each
40 feet long, it would take a double track from San
Francisco to New York to hold them, for they would
reach in a single line, a distance of 7,575 miles.
Made into five cent loaves of bread, it would rive
1,000 loaves to every person in the United States and
leave enough over to feed all the Belgians and Serbians
besides.
Now that it has been decided that Smythe is not Bar
tholomew, the Portland trunk murder mystery is as far
from solution as it was when the body jyvas discovered.
It is a remarkable coincidence however, that William
Smythe, who was arrested on suspicion at Cheyenne,
should have fitted the description of the supposed mur
dered so closely. They looked alike, were the same age,
weighed each about 220 pounds and each was a waiter by
occupation.
The license has been procured, the minister selected to
perform the ceremony and the date of the wedding is
tomorrow. That is all anyone knows about the president's
and Mrs. Gait's wedding, but that is enough; for the
honeymoon and where they will spend it is their own lit
tle affair. One thing the women of the country are in
terested in has been disclosed, and that is that the bride's
age is given in the license as 4:.
A large number of the county attorneys of the state
met in the attorney general's office today to discuss with
him and each other the enforcement of the prohibition
law going into effect on the birth of the new year. Quite
a number of sheriffs were also in attendance at the
meeting. They will go home wiser, and perhaps make
the balance of mankind better. Who knows;
THE LUNATIC.
I'leclsely what the trouble was eluded
them at iirst.
His costume was conventional; he
seemed to be well-versed
In all topics of the day, and in didac
tic speech
Announced his vtews as tho' he were
the stonelet of the beach.
In base-ball and hand ball and in foot
ball and croquet -
lie pointed out just what was what Ir
no uncertain way..
For following the hounds he laid grea.
stress on proper togs
With eloquence dilated on the breeds
of fancy dogs.
recycling and lawn tennis and tho
roped arena's lore
Came tripping from his tongue until
his tongue would wag no more;
lint when it enme to yachting and to
rowing and to polo,
Io bobbed up quite serenely and re
suined at once his solo.
Out as they listened, breathless, for
the climax quick it came!
He'd never heard of Vardon and he
quite despised the game!
SEASONABLE PRECAUTION.
Ilnnquo's ghost would not down.
'Who," whispered Macbeth uneasily,
"is Hie party In the sheet?"
Hut Lady Macbeth laughed at his
fears, "That? Why, that's most like
ly some gent who was afraid if ho
or me to dinner In a clawhammer he'd
lo mistaken for a waiter!" she re
joined lightly.
5?
The republican national press bureau, which is now
furnishing the editorial matter for a majority of the
G. O. T. newspapers of Oregon, sends out some very silly
and trival stulV in many instances. Here is a sample
LADD & BUSH, Bankers
Established 1868
CAPITAL - ..... . . $500,000.00
Transact a General Banking Business
Safety Deposit Boxes
SAVINGS DEPARTMENT '
The mystery about the big steam freighter Minnesota
resolved itself into nothing more serious than a lot oi rot
ten boilers, coupled possibly with some equally rotten of
ficials, who allowed her to go to sea in the condition she
was in. Maybe the inspectors wanted to make Davy
Jones a Christmas present.
Oregonians need not worry about the rather excessive
rains of the past six weeks. It will be dry enough after
the first of the year.
Ripplin$j(2hqTOs
SENSE- AND SENTIMENT
"This babe," the stern physician said, courageously,
"were better dead; for life to it will be a curse, and to its
parents nomething worse. It hasn't brains wherewith to
think, its frame has every mortal kink; and
suffering and shame and woe would be its
heritage, I know. Therefore, I shall not try
to save this misfit infant from the grave."
You'd think we'd all applaud the doc, for
putting up this line of talk; but lo, the
sentimentalists, whose thought machines
have maudlin twists, throw dornicks at his
bulging brow, and chase him to the timber
now. The sob squad rises in its wrath, con
signs the doctor to the broth. "Far better
let an infant grow, all kind3 o ill and pain
to know, to struggle through this vale of tears, with sight
less eyes and flopping ears, with stunted mind and palsied
frame, than interfere with nature's game." Forgetting,
as they rant and rear, the doctor didn't interfere. Why
persecute the dauntless doc? Why not improve the human
stock? We are improving cows and hogs and sheep and
hens, and even dogs, but any sort of runt will do, if it is
human stock, say you. Perhaps, a dozen ages hence, we'll
cultivate some common sense.
RARE.
Willis He is the most wonderful
man I know.
C Mils Indeed. How so?
Willis Before he got his machine
he promised the usual number of peo
ple that ho would take them Tiding,
and ho actually kept his word with all
of them!
mm
THE BIB
FJ3ASSE FROM CREAM OF TARTAR
S3H
Lamar Tooze Was
One of Twenty To Go
With Ford Peace Party
(Kuaene Daily Guard.)
Lnninr Tooze, the University of Oio
gon delegate to the Ford pence mission,
was chosen as one of twenty represen
tatives which sailed on the Frederick
the Kighth, the second steamed which
cnrriel members of the pence mission.
Jonie of those who had been invited
were left behind.
This information was received in Eu
gene today by Leslie, brother of La
inhr, who wrote on hoard the Frederick
the Kighth. According to the letter,
Mr. Tooze experienced considerable
difficulty in obtaining his passport for
tho second ship.
Jlr. Toozo said he arrived in Wash
ington, L. C, at exactly 4 o'clock, the
day previous to sailing, lie hurried up
to the secretary of state's office whica
is supposed to close at 4, but which
that day, due to excessive business,
was open at 4:10 when Jlr. Tooze ar
rived. He was told he must have two photo
graphs of himself before he could be
given a passport. He had none. The
office was due to close at any time. In
searching throng'.) his belongings he
found a picture of his twin brother,
Leslie, but did not use it ns he feared
some government official in Europe
might notice that his hair was parted
on the opposite side than the picture.
Otherwise tho two pictures wero prac
tically identinl.
He rushed down tho street, called a
motor car and told his troubles to the
driver. Tho driver knew where ho
could get two pictures made in twenty
minutes' time. To this plnee Lamar
lmstened.
Congressman W, ('. ITawley, of Ore
gon, was arranging other details for
Mr. Tooze in the secretary of state's
olt'i'o, so when he returned, twenty
minutes later with two tin types of
himself, he was given the passport.
The letter was written ,nist as Mr.
Tooze was passing the statue of liber
ty in tho Now York harbor. It was
brought back to New York by tho tug;
which towed the Frederick the Kightli
out of the harbor.
Mr. Tooze said in his letter that
Muck, the author of "1 Didn't Hnise
My Hoy to Be a Soldier," although in
vited bv Mr. Ford to make the trip,
when tho final selection was made,
was rejected. Mr. Tooze was one of
the twenty who were selected.
On the same boat with Mr. Toozo is
Emil Huria, editor of the University
of Washington Daily, aud representing
that institution.
Tell your neighbor of the sat-
isfaction of reading the Cap-
ltal Journal.
Prune- - Loganberry
Combination Boz for a
Christmas gift
Or a paper wrapped sealed 10 lb. box
of our fancy
PHEASANT PERFECTION PRUNES
You can't beat it for an appropriate
seasonable gift to your eastern friends.
While ine box lasts it will speak to
them every dav about Salem, nrmron
See display m Roth Grocery Co.'s win-
"ow, or at our otfice... Thousands of
thorn are going, order yours today.
Willamette Valley Prune Association
1 X
aJJ
HOW IT HAPPENED. 'r"
First Citizen I hat attended der
belli Iral meetings of bot' parties for
dor past ten yearB.
Second Citizen Ah; You like to
hear both sides?
First Citizen Neln! I pelong to
piuss pand!
ill
VILLAINOUS.
fhe btirled her face In her hands.
Put the villain, so far from being af
fected by the sight, could Jfst horri
bly. "If she buried It In the garden she
couldn't UIb it up o easily!" he
cachinnated.
. LITERAL.
"Pop, tell me aorno conundrums,'
"Conundrums? Why, I don't know
any conundrums, my son."
"Oh, yes, you do! I heard mother
tell Aunt Mary the other day that
you keep her guessing most of the
time."
NO WONDER.
Porlor- Von are considerably under
wciRht, sir. Whnt have you been do
Inc?
1'Kilent Nothing, Ttut ! am a re
tired grocer, Doc.
Christmas Specials
Rostein & Greenbaum
27-inch small plaid Silks, regular $1.00 a yard
Christmas Special
75c a Yard
$2.73 Silk Petticoats Christmas Special
' $225
Umbrellas, new styles Five Christmas Specials at
$2.00, $1.75 $1.50, $1.25 and $1.00
Christmas Handkerchiefs, a fine assortment, all
linen, at
50c. 35c. 25c and 15c Each
Ladies' Fur Top Felt Slippers, assorted colors and
blacks, at
90c Pair
Children's Red Felt Slippers
75c Pair
Ladies' Fancy White Aprons
25c Up
Ladies' P. Centemeri Kid Gloves
240-246 Commercial Street