Page of The Capital Journal
WEDNESDAY EVENING,
December 6, 1910.
CHABLES H FISHER,
JMitor id Muniimr -
Editorial
PUBLISHED EVEET EVENING EXCEPT SUNDAY, SALEM, OEEOON, BX
Capital Journal Ptg. Co., Inc.
L. S. BAENE8, CHAS. H. FISHES, DOHA C. ANDEE8EN,
President. Vice-President. Sec. and Treat.
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JUST LINES OF REASONING
The judicial mind and that of the layman apparently
travel along different routes and reach different conclus
ions from given premises. This is illustrated in the case
mentioned yesterday in which the supreme court of the
United States held that the Interstate Commerce commis
sion could permit railroads to charge more for a short
than a long haul under certain conditions. It was illus
trated again by our own supreme court yesterday in the
suit of the city of Woodburn against the Public Service
Commission of Oregon and the Western Telephone
Company. It seems that some time ago the United Tele
' phone Company was granted a franchise to operate in the
city of Woodburn, and in consideration of this franchise
and privilege, it agreed with the city of Woodburn that it
would not charge above a certain sum for its service.
Later, the Western Telephone Company became its suc
cessor and assumed all its rights, privileges and obliga
tions. In July of last year this company applied to the Public
Service commission for the privilege of raising its rates,
and after due consideration and notice, and a hearing of
. the matter, the commission authorized the company to
charge rates greater than it had agreed with the city. to
charge. The city then took the matter into court and on
the trial before Judge Galloway the contention of the city
that the company had no right to violate its contract or
the commission to order it to do so, was sustained. From
this decision the defendants appealed' and the supreme
court in an opinion handed down by Justice Harris re
versed the lower court and held that the, commission had
the right to increase, " and . the ; company to collect the
greater charge. -. - "..
We do not presume to pass upon the correctness of the
decision, for it is that of the highest, legal tribunal of the
state and its decision is final, but simply to call attention
to the different line of reasoning followed by the judicial
mind and that of the average citizen. The judicial mind
reasons along the line that the people of the whole state
have greater authority than a city, or a portion cf the
people, and that having such power, their acts giving the
Public Service commission authority to regulate rates
such as .those in the Woodburn case, made void any act or
contract made by the city that was in contravention to
this authority. The learned justice in passing upon the
matter admits that 'the law giving the commission this
regulating power was passed subsequently tajhe grant;
ing of the franchise by the city of Woodburn, a franchise
that was a contract for the doing of a certain thing, the
consideration being the privileges given the company.
Article one, section 21 of the bill of rights in the state
constitution, says among other things: ' "No ex post facto,
law, or law impairing the obligations of contracts, shall
ever be passed." . ,
To the average man it would seem that the passing of
the law giving the Public Service commission power to
set aside a contract and to substitute another in its place,
as between the city of Woodburn and the'Western Tele
- phone company, was not only a law impairing the obliga
tion of a contract but that it was an ex post facto law.
Following this line of reasoning the conclusions
reached would be diametrically opposite those reached by
following the judicial, line of argument. .Why is there
such a difference, and does a man's line of thought change
when he puts on the judicial ermine? Here was a con
tract admitted by all the parties to it as having all the
necessary component parts of a legal contract, for there
were parties, a subject matterand a consideration. There
was also the "aggregatio meirtio" and a completed con
tract. This the Public Service commission set aside and
substituted a new contract for the parties. This being
found to be the law by the supreme court must stand, but
it behooves the municipalities of this state to think long
before making any contract with any public utility com
pany or person. A contract of that kind has been decided
4 .' . i ! : iL. w..-vnmt- nrA n'Vnla it VlQC Tint.
to be not oinaing on me uuiupajr, .
'been decided, it is more than probable that should the
city undertake to revoke a franchise it would find that so
far as it is concerned it would be bound hard and fast.
Another similar case is found in the law concerning
the employment of school teachers, who, while they cajo
compel the district employing them to live up to its con
tract, can refuse to keep their part of it. . It would seem
the cities, so far as public utilities are concerned, are in
the same boat as school districts, bound by any contract
they may make, but unable to compel the other party to
keep his part of the "agreement.
SOME FOOLISH WOMEN
OFFICIAL RETURNS
(Continued from page one.)
General Grant once remarked that "the democratic
party could always be depended on to do the wrong thing
at the right time." The same remark might be made of
the eastern suffragettes, who so far have not-failed to
do this very thing. Their action in trying to heckle the
president yesterday was a sample of their wisdom. It is
less than, a month since, as a party, the women made a
desperate effort to defeat President Wilson, coming out
openly for his opponent and for the stated reason that
they could expect nothing from the democrats, although
the planks of the two platforms were identical on the sub
ject of suffrage. Yesterday they carried their fight into
the halls of congress and blamed the president for not
advocating suffrage in his message: They overlook the
fact that only four weeks ago they were telling the
electorate he would do nothing. As a (matter of fact if
this self appointed bunch of eastern women keep up their
course, equal suffrage will be a thing of the very remote
future. , Their conduct strengthens the - hands of their
opponents and weakens the strength of those who would
help them to the ballot. The Spaniards have a proverb
that liberally translated says: "More by sweetness .than
by force." It is one the "leading" women of the east
could profit by observing in their struggle for the ballot.
(This is certainly a close year so far as elections are
concerned. The presidential election was one of the
closest on record and the results in many of the states
were so close that only the official count could decide
them. In Arizona the republican candidate for governor
was. elected by the narrow margin' of 32 votes. New
Hampshire, Minnesota, North Dakota,- New Mexico, and
California were just". a shave, and not a "once over"
either. Albany puts the finishing touch on the neck and
neck race by' defeating a bond issue by one vote. Mil:
waukie was a close second however in selecting its mayor;
the winner being so-by only three votes.-
' Carranzistas complain that it was a shortage of am
munition due to this government's action, that caused
them to lose Chihuahua. At the same time it is noted
VUtV 17-illn amKt rtnvifniift1 vnhn Vllf alc fYf QUfQlf
umiv .vma iiuu uiuj. .k uivu , 6""'',""" . , fe . J That beautiful, even shade of dark.
with large quantities or ammunition, it win toe seen irom glossy hair ran only be had by brewing
V.ot 5t i1nMKAiic fv lot tVrn P9wan7 cfoe havo anv!H. n"r or hng . I
ammunition, for. if Villa wants it he will take it away
from them.
District.
H. H. Corey, republican, 35,302.
a. S. Start, socialist, 7,127.
P. S. 0. Western District.
Fred O. Buclitel, republican-progressive,
110,237.
E. L. Van Dresar, democratic, 51,122.
Amendments and Votes Votes
measures. cast for. auuinst.
.Single item veio I
araendmeul 141,773 53,207 i
Ship tax exemption j
amendment 110,002 05,410 '
Negro and mulatto suf- j
frage amendment ...100,027 100,701
Full rental value land j
tux and homeseekers'
loan fund amendment J3,30 154,080
For I'ondleton normal i
school and ratifying w
location certain state
institutions 90,829 109,523
Anti-compulsory vac- I
cination bill 99,743 100,119
Bill repealing and abol- !
ishing the Sunday
closing 125,S30 03,070 j
Permitting mnuufno- I
ture und regulated ' . , I
salo four per cent , i
malt liquors 85,973 140,5! 1
Prohibition amendment !
forbidding importu-
tion of intoxicating j
liquors for beverage I
purposes 114,932v 109,071
Kural credits amend- I
ment 107,488 83,887!
State-wide tux and j
indebtedness linritn-
tion amendment 99,530
Crook county rabbit
and sugo rat bounty '
bill 2,:80
Bond for county seat
bill (Crook) 1,120
Harney county two-
miln limit law
against sheep 723
Bill abolishing Harney
county high school ..' 637
Mudras eounty seat bill
(Jefferson)
Metolius for county
84,031
1,055
2,441
.. I
1,445
IF
E
RAINCOA
T
WFATHFR
tea a
M
You
need
a good Raincoat
right now. We have the kind
you want at the price you want
to pay good, dependable
coats that will shed the water,
give the longest wear and pre
sent the best appearance.
Overcoats and -
Mackinaws
Our stock of fine Overcoats
and Mackinaws is not excelled
in Salem. Quality goods at
lowest prices is our motto, and
an inspection of our store will
prove it to you.
Brick Brothers
Corner State and Liberty Streets "
The House that Guarantees Every Purchase.
J
Don't Look Old! Try Grand
mother's Recipe to Dark
en and Beautify Faded,
Streaked Hair
.-oat bill (.Teffc-
'ou) f ,448 1,028
County maintenance .of ' -
- Klamath Commercial " '
i-lub of . Klamath - - .. '
Falls, Oregon 1,275 - 1,423
lake eounty rabbit " " '
bounty .bill ...... ... ' 1,040 '
5S0
SPY KB ABINO POSTPONED -
Washington, Hoc, 0. -TTeni'injr of the
blackmail charges against i)r. Arin
gnard Carl GravesT" master spy,"M
day wasr postponed until March 10
canse of the governmouf.'s Inability, u.
present testimony of Prince. IMv.tVlilr,
counsellor of the Herman Kmbassy, ai d
Ir. Kricdrich W'ilhelm '. Edler, private
secretary, o Ambassador Von Horii-
Journal Want ads will sell it.
The United States supreme 'court has just held in the
case of the Sonman Shart Coal Company against the ! pr01 ,!)V 'J
rennsyivaiua raiuuau company, mat xui me wuiyauy a
refusal and failure to furnish cars, the railroad was
liable and affirmed a judgment against it for $145,8:50.
Here is a pointer for Oregon shippers who ask for and are
denied cars in which to ship their products.
Tea and Sulphur.
Your hair is your charm. It niakis or
mars the face. When it fades, turns
gray or streaked, just an nfplieution or
two of Huge ami Sulphur enhances its
appearance a hundredfold.
jion't bother to prepare the mixture;
you can get this famous old recipe ini
tio addniou of other mere
0 cents a Iuil'c bottle, all
reaity tor use. It is culled Vtyeth s Sane
mill Sulphur Compound. This can ulways
be depenaed upon to brinu back the
natural color and hiHtre of your hair. I
Everybody uses "Wyeth's Saire ami I
Sulphur '(impound now been use it dark
ens so naturally anil evenly that nobody1
can tell it has been applied. You wimp-1
ly dampen a sponge or soft brush with
it and draw this tlirouv,. ilie hair, Ink-1
ing one small strand at a time; liv 1
What is most urgently needed just now according to
Liie guvcmui aim oiatc ucaamci 10 wiai, a guuu oi.uc- lon,,K t, Krv hujr i,s .appeared,
maker anri nrst-ciass tailor commit some crime-mat wmi" '' ' anomer nppueatmit u be
confine them in the state prison for long terms. Both
these manufacturing departments are said to be in 'thetT"-"i''tion
, , i si'o tor Hi"
nanas 01 poor wornmen.
Yesterday's reports said the Americans in Chihuahua
were safe. If so they had better get out of that very
doubtful city and stay out until some authority is estab
lished there. Carranza is again in possession of the place,
but he is so because Villa had no further use for it. When
he has he will take it again.
LADD & BUSH, Bankers
Established 1868
CAPITAL
$500,000.00 '
Transact a General Banking Business
Safety Deposit Boxes
SAVINGS DEPARTMENT
on
GREAT MEN
One can't be great in many ways. One
man is great at writing plays ; one beats all
others twanging lyres, and one invents new
ubber tires. But when a great man leaves
his stunt, and pushes boldly to the front, to
show' he's great in other things, the uni
verse with laughter rings'. At herding
goslings I excel; I do that job exceeding
well, and people, as they go their ways, 6ft
hand me packages of praise. They often
say they will be derned if they can fathom
how I learned to herd those infant geeses
thus, without a bonehead or a fuss. I treasure up the
things they've said, and praise like this goes to my head,
and I began to say, "It's clear I'm fitted for a higher
sphere. If I so well can herd my geese, it is as clear as
axle grease, that I would shine upon the stageI'd be the
'Hamlet' of the age." So then my gooses I desert, and
with the tragic muses flirt. When people of my venture
hear, they buy the henfruit of last year, and I am left all
dripping wet with a potential omelet. 1
IMIIUCK
glossy
bcnul ifiilly ilurk and appears
and lustrous. This 'ready to use I
is n delightful toilet regui-J
ose who desire dark hn'r und
a youthful appearance. It is not intend-!
I'd for the cure, mitigation or preveii-j
tioa of disease.
NONf BETTER
YOU'LL LIKE IT
Butter
Nut
BREAD
PURE AND RICH
SWEET AND CLEAN
MS
ANDIH
A RUINED GOWN
ni.M'TIJIt XI IV. '
. Monday night afler dinner I went up
stairs to try on my new noun, l.ueilo
had sent it home early in the morning,
but 1 had had no time even to luok at
it. It was white net over palest pink,
with quantiti
all It was very delicate und I knew
would be becoming as I, of course, had
tried it on at her establishment.
Almost a Quarrel, wear, and so disappointed that I emi'd
"Oh, Clifford,-look what you did! " ; scoieelv keep bin k the tears
I- licensed, almost eryiug, "my dress! Clifford, umiiiIIv a erv iiiiet sleeper
is ruined, mid 1 have nothing clso to ,.M .. ... .' , ', ' , , , , !
wear tomorrow night." ! . ' " "'l"l
. "It 's your own fault. If you'd learn 1 '' "'"',! '"' ""''' "P. but I did
to overeme those baby tricks of yours, "of speak and he sunn slept again.
of pale pink tulle, over "';" ."""! woi'Wn't happen. Instead; His restless , took my though:
'", K 'r"m myselt, ami I wondered uhv U
ed to death., you find fault with me." was so uneasy. The,, came ,). men,., v
"Hut it wns your cigar, and I am of hi. i,,,lene. .fu. i, ....i ' ,
. . i ' ....m 11 a u nriiiir rii'r-(i
me nre: una of
.'..vu irii. IIIH Tll-M liltil r f n . .1.1. !i .
Hut 1 wanted to be sure that it was "Ifs not because von didn't deserve me that'hu ha.l I turne ml.. V, '
perfectly all right. I did so want to toe-if ,,lv a little-.0 show vou what , n,e. . v . ",","r " M 1,1 ITT" w
look nice at my party. tired as I you had escaped," he replied", crossly, ! came n r Hrn.lnn f , l a r ? ,a
was I put on the stock i. u;s and slippers but even i my anger I noticed that he.enped, and thankfulness t.mJ .V
-which I !le ulways sent home with puled. 1 " , ,' , ' , "jard ti e
,ny gowns-rearrnnged my hair a little,' "But uhat an, I to do?" 1 grumbled, , re vVn ed a or e dlsn
the,, put on the dress. '"I shall have to near an old dress c idea ' d,sl,g, ,;
Yo' sholy is fine, Missv Mildred
Maudy, who was helping me, flattereil.
"Aren't I, .Mandy:" I replied.
My dress was perfect, t lit stockings
ami slippers n wonderful match.
"Close your eyes, Clifford, I'm com
ing!" I called, Inughiugly, us 1 went
downstairs to show him my gown; to
tiv to win a word of praise.
'"All right! " he returned.
matte
i.n.l I il't.t ... .. I. ...I. ..: I
iLr,t. , ' " ' "'"'.I cry i put my an w
7,,, , , , ... ," ii is hick, wnKing hiiu.
If you w ould have inore dignity, " What is it J AVhat 's the nn
...... ,,,- s,.,- nnmiii ps. i, you no nsKeii, startled.
.i. come now,, us you snould .nsteail of, ..,11,, Clifford, I wa, so ungrateful
shout.ng for me -to close my eyes, it: so wicked. 1 am so glad , I w
wouldn't have happened. I hope somo-: fire our nn.l ...v.i ... r. .'
you will gam poise, but I doubt , burned," T answered almost i"nr.' ,
! IV. A,wl 1 ..., '
I didn't sny another word, I didu 't .iestlinif closer to him ' I"""" "
1 1 III o
it."
I walkrd riulit in front of liirn, und, dure for f n r
tlii'ii Bind:
"Open!" he did, but he also made uimtairs with n,y ruined 'gow n .Iragging ! people," he returned rath
a moveineat to rise and the cgar he.i.nut me and wont to bed. - ;iy, m )lc did not repulse
a moment my dress was aTTize. Ile T didn't apeak nl Clifford enme in
grabbed nig, and if was stifled before
I scureelv realized what hail happened,
but my dress was entirely ruined.
.tuiiiu miv nine iniin --w.,,! .....
I should, or would cry. .Ho I went back h ; .'. ""J . " ""' 'T'
, i ; . - - ii. ,,,., vim siHriie
er impatienf-
nnlso me. no.l f..
the first time in many months I went
io sieep ju nis arms.
nnnuT an Hour later, although I was not
asleep. Hot 1 ildfl't Bt lo sleep, and 1 fTomnrrow-
lay thinking of my gown, what 1 should
The Vina I Preparation for
the Tarty.) )