Editorial Page of "The Capital Journal"
8 AT I'RDAY EVKX1XG,
.Tiilv 20.- 1010.
CHARLES H FISHEB,
Editor and Manager.
PUBLISHED EVERT EVEXIXO EXCEPT 8TJNDAT, SALEM, ORECOX, BY
Capital Journal Ptg. Co., Inc.
I 8. BARXES, CHAS,
President
H. FISHER,
Vice-President
DOHA C. AXDRESEN,
Sec. and Treat.
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HUGHES AND THE LAND GRANT
THOSE ARMY AND NAVY BILLS
The army bill as it passed the senate yesterday carried
an appropriation of $:512,OO0,00O, the largest sum ever
appropriated by any nation in time of peace except Rus
sia in 1914, when providing for an army of five million she
impropriated the sum ot $: 590,000,000. On top of this the
navy bill calls for $:U5,000,000, which is the largest navy
bill ever passed by any nation. The two make a grand
total of $625,000,000. This seems like a large sum, and it
is from an individual standpoint, but from the nations'
viewpoint it is a rtifle. It is spent every twenty days by
England alone in carrying on the present war. In this
country the hens, if -they kept busy, would pay the bill in
a year. Neither of these bills have passed the house, and
it is claimed they will have hard sledding . there. It is
probable both will be reduced before being finally sent to
the president. If we, as a nation, are going to be prepared
for all emergencies, it is better to be thoroughly prepared.
The Oregonian frankly admits that Mr. Hughes is as S"TZlXt IK "3
much to blame if there is blame, for the Oregon land ; Tf .V"?:
. , i . .i ,i u.. c 4-U ,,.,.- ,:fV,,. '' ucucvc, vyc must ail auiiiib uiat; liic uiuc LcUlbUc Willi
.grant decision as the other members of the court, neithei I M . , ' , ,
more nor less since the opinion was unanimous, it acias . . . ,, - : , :
that had Justice Hughes instead of Justice Kenna written
the ooinion it would not have been ambiguous. Our con
temporary is too modest in its qualification of the decision
,as "ambiguous." With all due deference to the wisdom
and learning of the supreme court of the United States
the decision is worse than ambiguous, it is asinine. Old
Bill Purvine, the long time justice of the peace at "Pizen
Switch," Nevada, who never saw the inside of a book
other than the 52 page edition of the steretyped volume
of the four Kings, could, and would have come nearer
giving a reasonable and understandable opinion than did
the concentrated and combined wisdom of the supreme
court.
It is customary for'courts in examining into and trying
to construe an act of congress or the legislature, to take
the intent of the act and the self evident intent of the
legislators into consideration; and where an act is in any
way ambiguous to Construe it as the legislators evidently
intended it to be understood. In other words to discover
the intent of the law making body and let that govern.
In the case of the Oregon and California land grant the
court did nothing of the kind, but simply handed down a
decision repeating what the granting act said, and letting
it go at that. It held that the land was given to the rail
road for the purpose of aiding in the constructing oHts
railroad, with the proviso that said lands should be sold
in quantities not exceeding 1G0 acres to any one person
and at a price not exceeding $2.50 per acre.
Then it added that as congress had not set a time in
which the lands must be sold that time was indefinite,
could be fixed by the railroad company, and it need not
sell the lands at all, but if it did it must comply with the
terms of the granting act. The court stulified itself,
handed the people a lemon and the railroad a lawsuit.
The court held the granting act was ambiguous and pro
ceeded to make it perfectly lucid by creating an ambiguity
in its decision. In effect it said: "An ambiguity is a
thing ambiguous, but if we create an ambiguity it is not
ambiguous to us but plain as a pike staff." Dogberry him
self would be shamed into admiration of such remarkable
premises, followed by such clear and overwhelming conclusions.
' Justice Hughes was no more to blame than the other
justices for adding confusion to what was before badly
enough tangled, nor was he less so.
The Oregonian is puzzled over the possible workings
of the "land and loan law." The law provides that "land
be taxed to the full amount it will bring in rent on a five
year lease." Tax on the market value of the land is pro
hibited. It is on this account that the Oregonian wants
to know the rental value of 1,000 fir trees, timber being
rated as land. We are always willing to do all we can to
shed light on knotty questions for our contemporary, but
this time it is wading in deep waters. If it finally dis
covers the answer we humbly suggest it delve into thaf
other perplexing problem, "Why is U'Ren?"
Now that ,the Lee Jeans case has been decided let us
hope our neighbors up Turner way, may forget their fac
tional differences and recognize the fact that while they
differ in opinion as to many things they are still all in the
same boat and what helps the town helps all, while what
hurts it hurts all; and that therefore all have the interest
of the community at heart even though some of them
may be mistaken as to what is best. Ev ery citizen has a
right to his opinion and to the expression f it. Why
then quarrel?
The agricultural activities of some of the big countries
of Europe for the past two years have been largely con
fined to planting men. The trouble is that the more they
plant the less they have.
an army of any size together and equipped for the field,
The preparedness sentiment is strong and will un
doubtedly prevail, for if public sentiment demands it it
will get it. That is what public sentiment is for, and if
it is in the majority, it is all right, for that is what bosses
hyfhis free country.
The cry has been that we must have a navy second only
to England's, and if this is necessary, it naturally follows
that we should have a navy second to none. If this
country ever has a war with any European nation it will
be with England, and England never fights alone. At
present she has an alliance with Japan, and this sug
gests what might happen if we ever locked horns with
our mother country. If we ever have war with Japan it
will be at England's dictation, and they will be together.
If we are going into the preparedness business let us do it
in first class style and play second fiddle to none so far as
ruling the waves is concerned. It is not probable that we
will have war with any European nation, but the situa
tion is much like that of old man Renick, a pioneer of the
Hocking valley in Ohio, who was an ardent believer in
f oreordination. One day his boys wanting to go hunting
asked the old man for his rifle. "No," said he, "I am
going down to Lancaster and I might meet an Indian."
"Well if you did Dad, he couldn't kill you until your
time -had come could he?" artfully suggested one of
the boys.
"No sonny, he; couldn't; but suppose when I met the
Indian his time had come, wouldn't I be in poor shape
without a gun?"
The republicans, it seems, have concluded to .make the
presidential campaign not on any things they have done
to deserve the confidence of the people, but on President
Wilson's alleged mistakes. That he has made mistakes is
quite probable, for he is human. That anyone following
him now or at a subsequent election will also make mis
takes is certain and this regardless of party or creed. If
Mr. Hughes is elected he will make mistakes just as all
others will. If President Wilson is re-elected he will
probably make other mistakes, for perfection is not for
humanity.
The Oregonian paragrapher preparing the way for
possible slips of memory as to where roads lead to, sug
gests that "if some of the editors at Medford next week
mistake the road to Hornbrook for that to Crater Lake
charge it to absence of sign boards." Anyway the result
is the same no matter which road is taken. At the end of
either one can get a drop of the crater.
The news about the Deutschlahd is very similar to the
statement about Villa and about as reliable. She takes
out her clearance papers and is ready to leave as regularly
as Villa is killed and resurrected. Pity he could not be
placed on her when she really gets ready to leave.
RipplihgRhijmes
I STATE HOUSE NEWS I
Asserting that it would confiscate
all land titles; that it is based on fal
lacy; that it would greatly increase
taxes; that it would conflict with the
rural credits law; that it would stop
the taking of government lands and
that timber lands may not be assessa
ble under the law, A. H. Averill of
Portland, T. M. Baldwin of Prineville.
William Brown of Salem, Leslie Butler
of Hood River, Paul J. Brattain of
Paisley, C. C. Colt of Portland and a
number of others have filed with Secre
tary of State Olcott an argument op
posing the proposed Full Rental Value
Land Tax and Homeseekers ' Loan
Fund amendment.
LADD & BUSH, Bankers
Established 13GS
CAPITAL - - - . . . $300,000.00
Transact a General Banking Business
Safety Deposit Boxes
SAVINGS DEPARTMENT
BIRDS AND CATS
Who does not love the singing birds? I spend much
tiiile admiring their solos, which, though minus words,
are cheerful and inspiring. The nightingale and bobo
link, the thrush' 'the wren, the linnet ! The phonograph is
on the blink these feathered songsters
skin it. The birds not only warble tunes
that have Caruso going, they eat the bugs
that eat the prunes and all things green
and growing. To guard the birds we truly
should adopt some stringent measure, and
make their lives, in field and wood, one
golden round of pleasure. But we are rais
ing cats to burn, all useful methods dodg
injr: and nothing that n Put pin fnvn will
vo,r Ihc J ij mi i : ; ""vile commission the Southern Pa-
pay ltS board and lodging. The CatS kllleific promises relief as far as possible
off the orioles, the robins and the thrushes. the Jh??s vow
i and tear their bodies full of holes, with eager claws and 7uvrnZT
j tushes. The bird kills off the hues and ?mhs and hv tVieKrora Tra7 .M .from 'siar,; "J0 brin?
. ... , , , , , , . ' J ! aown traiulontl emplv refrigerators
; cat is smitten, ana we should take our choice of clubs, andi,rom Portland to help situation, very
I slay the cat and kitten. i8,,ort nn 0Vtfr .," says the
message. .
Pi
oE3
The board of control held a meet
ing yesterday to ronisder the reports
submitted by Flax Superintendent
Cndy and R. B. Onndin, secretary of
the board of control, with relation to
the flax work 0f the past year. The
board did uot decide formally whether
or not Cady should be retained another
year. Governor Withveotnbe favored
his retention. Secretary Olcott and
Treasurer Kav were unfavorable. It
would appear that the superintendent
will not be retained. Formal action
however was deferred until the next
meeting 0t the board.
The reports indicate that the flax
experiment lias not thus far proved to
be a finnncinl success, but at this
meeting Governor, Withyeouibe reas
serted his' faith in the enterprise.
"There has been an effort to discredit
it in Sir. Onndin 's office and at the
penitentiary," he asserted. "Mr.
Goodin's report showR iti it is an at
tempt to build up a big expense ac
count, with no offsets."
"There has been no effort in this
office to discredit nnvtliing, '' replied
Secretary Goodin. "My report shows
just. what has passed through this ot
fiee. "
Warden Minto told the governor that
every assistance nosstblc had been
given the enterprise by the peniton
tinrv officinls.
1'lax Superintendent Cady report
says, "Although the initial year of the
penitentiary flax plant has been sue
cessful in the broadest sense of the
word, I sincerely repret to report that,
financially it. has not been entirely
suecessful."
The report of Secretary Goodiu
shows that, with the exception of
i)(1767.2.1, all of the ftiO.OOO appropriat
ed by the Hi 15 legislature for the flax
experiment, and road work has Deen
spent. Tho flax experiment has con
sumed all but $10,0411 of the amount.
Newspapers and other publications
going to the prisoners at the state
ixtnitcntinrv will hprCflfrer be CPllSOreil
1. . .. .
At its meeting yesterday tne Doara 01
control nave Warden Minto authority
to this end, arter the warden naci mane
the statement that newspaper articles
the cause ot most of the difficulty
with prisoners in the institution.
During the cast week a total of 335
Occidents hnve been reported to the
accident iusurance comuiiasion, two of
them fatal. George Nichols was killed
at Monroe and Jerry Cohcll at Mabel,
both in logging accidents. (Jf tho total
number reported, 220 were subject to
the workmen's compensation act, 3!)
were from public utility corjiratioa,
and 30 from firms and corporations
which have rejected the provisions of
the compensation net.
Engineer Kelly of the state highway
department i in Coos county, looking
after highway matters.
In an argument opposed to the Full
Rental Value Land Tax and Home
makers' Loan Fund amendment, filed
with the secretary of state, Robt. E.
Smith secretary of the state taxpa.Ts
league, says: "Because the proposed
amendment is a single tax measure,
and because 1 believe single tax to be
unsound aud unworkable, 1 am opposed
to it."
The proposed amendment prohibiting !
compulsory vaccination of alt kinds isi
given warm support in an argument j
filed by Lora C. Little. She says,
"This measure does not prohibit vac-j
eination of any kind. If passed, all!
desiring vaccination may have it. Those
opposed to it will not be compelled to j
be vaccinated, as they now ea nbe ia
some instances. The bill stands for
simple justice, no more, no less. It
deserves your support." j
Articles of incorporation were filed
this morning at the state corporation ,
department by the Yamhill Mercantile!
company of lamhill, of which Frank i
.eale, W. S. Ouiulev and Charles N.
Griffith are the incorporators, and the;
capital stock is 10.000; by the Stuart'
Land company of Portland, capitalized
for $."0,00(i; mid by the Coos Bay!
Stevedore company of North Bend,:
capitalized for $1000. The Pacific For-!
warding company of Portland has fil
ed notice of dissolution.
A question having arisen whether or
not school districts, and especially dis-
incts maintaining high schools, are
required bv law to admit into such
high schools pupils residing outside of
such districts, Attorney General Brown ;
nas written state Supenintendent
Ohtirchill answrering the question in!
the negative. The nttorney general!
says that a school district board is not
required to admit all who apply to the
high school of their district, other than
qualified residents of the district, but
if others are admitted that tuition
is to be paid in the manner provided
by chapter L':C, laws of 1913.
In a telegram to the state public
Newport Excursion
on Sunday, July 30
Salem Street Car Employes
and Band
SPECIAL TRAIN
Leaves Salem 6:30 a. m., Sunday, July 30
Leaves Albany 7:30 a. m., Sunday, July 30
Arrives Newport 12:15 p. m., Sunday, July 30
RETURNING
Leaves Newport 6:30 p. m., Sunday, July 30
Arrives Albany 10:45 p. m., Sunday, July 30
Arrives Salem 11:49 p. m., Sunday, July 30
$2.50
Is the Round Trip Fare.
LOTS OF MUSIC. A BIG TIME ASSURED.
Special street cars leave both ends of Commercial
street and end of Asylum line at 6 a. m. for Southern
Pacific station. Special cars will leave station after
arrival of special train at 11:49 p. m. for Commercial
street and Asylum lines. Secure tickets from street
car employes or at S. P. Station.
John M. Scott, General Passenger Agt.,. Portland, Or
SOUTHERN PACIFIC
Coos Bay Railroad Celebration Marshfield and
North Bend, Aug. 24, 25 and 26. Low round trip fare
Permission has been grauted the
Southern Pacific to put its local rates
on the Coos Bay branch into effect at
once, without the statutory notice of
thirty daVs, iuusmuch as the line is in
actual operation. A new schedule,
lower than that maintaiued during the
count ructdou jieriod, has been filed
with the public service commission,
BELIEVEBILLINGS
(Continued from page one.)
police information regarding the part
played by others in the bomb plot and
that a statement frem Billings regard
ing the case hud been in police hands
siuce yesterday.
The head of the alleged ring is still
at large, police said, but he is under
surveillance any may be taken any time,
according to one official. .
A ball of steel, an automobile bear
ing of an odd size, was the prime clew
which aided the police in weaving about
Billings a net of circumstantial evi
dence which caused his arrest.
Fickert this morning revealed that a
number of what heretofore have been
regarded as "slugs" found in the bod
ies of pwsons killed by the bomb, were
ball bearings. Beuriugs found iu Bill
ings' room were identical in size, Fick
ert said.
Billings worked some time ago for the
Cadillac garage, he said. He was dis
charged and a number of bearings were
later found to be missing, said the dis
trict nttorney.
Another Clew Found
Sun Francisco, July 29. Three more
arr-ts as the result of the investiga
tion of the San Francisco bomb out
rage are expected beiore Monday. Ad
mission Was made today by one police
official that the supposed ring leader
has not yet been taken into custody,
although a minute description of him
is in the hands of the police. It is
declared, however, that his identity
may become known some time today.
W'nile Warren Billings, held as the
most important sus)iect thus far taJc
en, has been entangled in a muze of
circumstantial evidence there is a theo
ry that He may have geeu merely a tool
of a "higher up."
Detectives are expected to establish
definitely today whether Thomas Moon
ey and his wife were connected with
the dynamiting. Mrs. Mooney was pub
through a severe cross examination re
garding the identification of a hat she
is said to have worn last Saturday.
This hat was identified by Miss Es
telle Smith, who has already identified
Biilings as a mun she saw on the roof
of a Market street building shortly be
fore the bomb exploded. The bomb
squad is also investigating the story
of M. T. Prendergast, an Oakland
garduer, which gives a new angle to
the theories thus far advanced. Ho
said "a man slightly resembling Bill
ings in stature, but much darker in
complexion, placed a hand satchel ab
the corner of Steuart and Market
streets Saturday afternoon. Prender-g-ast
further declared that, he was look
ing directly nt the satchel when th
explosion occurred.
To Arrest Three More
Cupt. Matheson of the bomb squad,
admitted later that he expected to
make three more nrrests. ,
"There will be three more arrests,"
he said, "but when I caanot say, nor
can I tell you whether the suspect
have been located. Billings eunuot b
shaken. He is not so much defiant
as tiiMorn and sulleu, taking refugtt
in silence."
IHstrict Attorney Fickert reiterated
hi denial that Billings had confessed
and said:
"Billings has been held as we sup
posed, incommunicado, but during nia
interview with Miss Smith yesterday,
when she identified hini, he refused
to talk, saying: 'I intend to stick by
the rest of the bovs. '
"There is no way that he sould havo
known about 'the rest of the boys,'
except through some sub rosa com
munication. 1 have given up hope of
getting a confession from him. '
AH tue suspect are held in differ-
ent parts of the city wison.
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