The Morning Bee MORNING—EVENING—SUNDAY THE BEE PUBLISHING COMPANY NELSON B. UPDIKE. Publisher. B. BREWER. Geo. Manager. MEMBER OF THE ASSOCIATED PRESS Tbs Assrvuetad Press, of which Tbs Bee is s member, is eiriealrsly entitled m tbs use for rerubtlcstino of sll news disnatcbss credited to It of n' t otherwise credited 10 this toper, sod also tbs local news published bsrela. All rights of republicatlcns of our special diapairbso ars also reeerred. BEE TELEPHONES Private Branch lei change Ask for the Department AT lantic nr Person Wanted. For Night Calls After 10 P. M.. enfwt Editorial Department. AT lantic 1021 or 1042. /Oiru OFFICES Main Office —17tb and Fernaru Co. Bluffs .... 15 Scott St. So. Side. N W. Cor. 24tU and N New Vork—2b* Fifth Avenue Washington - - 422 Stir bldg Chicago . - - 1720 Strgar Bldg. Paris, France—420 Bu* St. Honor* CONSTITUTION, STATE AND NATION. In his message to congress the president called attention to the apparent necessity of at least two additional amendments to the Constitution of the United States, at the same time warning against the danger of ill-considered changes in the fundamental law. Let us look at the mutter for a moment. The Constitution of the United States is a foun dation as well as a bulwark for human liberty. Wil liam Ewart Gladstone, a statesman unsurpassed in judgment and foresight, wrote of it: “The American Constitution is the most wonderful work ever struck off at a given moment by the brain and purpose of man.” William Pitt, another eminent statesman, said of it: "It will be the wonder and admiration of all future generations and the model of all future constitutions.” Pomeroy, in his introduction to his “Constitutional History of the Unitejl States,” says: “Our lathers by an almost divine prescience, struck the golden mean.” Nicholas Murray Butler writes: “The Constitution remains the surest and safest foundation for a free government that the wit of man has yet devised.” Vet the document as originally presented by the convention to the states for udoption has been amended nineteen times! This might suggest that' it was not well devised in the beginning and that the praise then bestowed upon it was insincere. Such a conclusion is too hastily drawn. The glory of the Constitution is that it may be amended from time to time, as necessity arises, without violence to the fundamentals of justice and liberty it contains. John Marshall gave vitality to the written word of the Constitution and made it a living thing, capa ble of growth and expansion. He held and rightly, that the Constitution was not a straitjacket, rigidly holding a rapidly growing nation in a narrow, for mal system of government. Under the Marshall method, the interpretation of the Constitution has permitted its application to the developing needs of the people, aiding in the expansion of national-life in all its manifestations, of social, intellectual, in dustrial, commercial and political growth. If the people have found it necessary from time to time to add to the structure of the fundamental law, it has been easily accomplished, once the public mind had come to a definite decision, because it was a process of adding to. Nothing has been token from the Constitution, and only that added to it which the people felt was essential to the great end of our gov ernment, that of securing life, liberty and the pur suit of happiness to all. Sir. Harding* had reference to the amendments mooted in connection with child labor and the pro posed change in the method of electiug the president of the United States. Senator Hodge has. already prepared the child labor amendment, and Senator Norris %ill probably report the othet from his com mittee. How Tong it xj-ill take to bring these to the ultimate vote can not be said. History indicates that it takes about fifteen years from inception to cul mination. The mind of the people is fairly well made up on the point of child labor, piscussion on the direct election of the chief magistrate is proceeding rapidly. States are concerned in these matters, as well as parties. It is a lingering application of the doctrine of state sovereignty that.makes the child labor amend ment necessary. Also, the sovereignty of the state will require consideration in connection with the Norris plan for electing presidents. Nebraska is peculiarly interested, because of the nature of its electorate. Here we find the republi can party in control, generally charged with the.di rection of the state’s affairs at home and in the congress, but only because in the republican party the seemingly discordant elements can find expres sion for their views. Here progressive and stand pat, the radical and the conservative, and even the reactionary, find some common ground for meeting, and by concerted action move the state along the way of progress. Nothing is permitted to stagnate here, nor does the success of today blind the eyes of any to the possibilities of the future. Out of what might appear to be hopeless discord comes harmony, and in many counsels lies wisdom. Ne braska, under the Constitution, is a government of, for and by the people. NEBRASKA. Since Nebraska was admitted to the union in 1867, 4,000 factories have sprung into existence, and certain of these have forged ahead of the world. The metropolis of the state takes the lead as a refining center and the manufacture of butter. Sand, important for building roads, is found in large quantities along the Platte. Superior has a factory for making cement from lime and sand stone, and sapolio is made from volcanic ash found in numerous localities. Brick and tile are made from clay and silt found in the state, while Antioch, in Sheridan county, is the greatest potash- center in the United States. Yet Nebraska is really an agricultural state; its fertile black soil yields an average per acre of the standard crops far above the average for the United States ,and its average for land values is higher than most states. The large corn crops and grassy semi-arid regions in the west give it a high place in beef production, also makes of Grand Island the largest range horse market in the world, and Omaha the largest sheep market, while more wild hay is shipped from Newport than from any other point on the globe. As an estimate of the wealth, production and commerce of Nebraska, consider one small county ~-©f 692 square miles, with a population of 14,146. Records show the real valuation of property to be $65,000,000, enough to cover all land purchases made by the United States prior to 1898. Last year $6,000,000 in live stock was shipped out, $2, 000,000 in grain, while $500,000 was received for eggs, cream and poultry. The latter is only a side line with fanners and no account is taken of that consumed within the county. Four months ago there was $4,000,000 cash in banks subject to eheck. The county seat ranks sixteenth in the state in volume of business. Remember the county men tioned is only one out of ninety-three, and this county can boast, with the glorious state of which it ia a unit, of being free of bonded indebtedness. WHAT OF THE LANGUAGE LAW ? The decision of the United States supreme court on the Nebraska and Iowa laws prohibiting the use of foreign languages in the grade schools will be awaited with considerable interest. The supreme courts of both states upheld these measures, al though the opinion of the judges in each instauce was divided. The question of constitutionality is now before the highest court in the land. Whatever the decision may be on abstract points of law involved, there is room for questioning whether or not majority Sentiment in Nebraska now appjoves such severe legislation. Under the Reed Norval law that is attacked, no child who has not passed the eighth grade can receive school instruc tion in the use of any foreign tongue. Even after the regular subjects have been taught, it is be clarcd illegal for a teacher to add even the shortest course in a foreign language. Though the children have throughout the day used and studied the Eng lish language, and even though they have a solid grounding in this tongue, their teacher is not al lowed so much as to read them a Bible story in another language. This bears mainly on schools maintained by churches in communities where there is a large set tlement of European immigrants. The children, of course, should be protected in their right to learn the language of America, and the instances in which such training wal neglected in the days before the war arc regrettable. Yet when they have become proficient in the use of English, why should they not be allowed to learn the native speech of their forefathers? As the situation now lies, these children can only pick up their secondary language in the home, or on the Sabbath day. A correspondent of The Omaha Bee recently wrote in this connection: "All children should bo so educated that they will become good American citizens, loyal to the country. Its laws and its Hag. and this means they must know its language well. But should that limit them to one language? . . . Bet us have a language law that will protect our schools and our citizenship, tint not one that puts a bar on a child's opportunity to obtain a complete education, ami to learn more than a single language,, espe cially when that- liar may be lifted without doing anyvharm or weakening the law that wisely seeks to make all acquainted with the oflicial language of the state In which they live.” There has been much heated argument on both sides of the question, but the time has come for cooler consideration. The fact that the task of testing the constitutionality of the law has been placed in hands that make it the occasion for bitter denunciations should not -be allowed to prejudice public opinion. There are considerations of toler ance, culture and reason that the legal arguments do not touch, yet which must be taken into con sideration. In all probability the state legislature of Ne braska will be in session before the slow-moving mill of the supreme court reaches a decision on the Reed Norval act. The session quite properly may take up the discussion Of amending and softening this law with the ajm of ending dissension and liberalizing the educational facilities of the state. CAN WE SAVE OUR FUEL ? One of the first facts reported by the coal com mission of inquiry is merely confirmation of what already as well established. Too many coal mines call for the employment of too many men and too much capital. The commission reports that mines open have a theoretical productive capacity of 1,000,000,000 tons'per annum against a theoretical requirement for consumption of 500,000,000 tons. In other words, to bring the business of bitumi nous coal mining to a basis of efficiencywith steady employment for men and money, it is necessary to reduce one-half. How to accomplish this is not explained, but that may be outlined for the public later. What is more to the point is the fact that not only the waste of effort by. reason of the uneconomical use of labor and capital menaces the present as well as the future, but the prodigal use of the fuel it self, when brought to the surface, is an indictment of our boasted capacity for management. Until better ways of using bituminous coal are put into practice, a large part of the nation s fuel bill will be represented by money going up in smoke. From twenty to thirty gallons of tarry oils, phenol, benzol and the like may be taken from every ton of soft coal by low temperature distillation After this extraction from 10 to IS per cent of volatiles remain in the coal, making a more ac ceptable fuel than the raw coal. If some portion of the surplus capital now employed in production were to be devoted to the better preparation of fuel, a double benefit would be enjoyed. Perhaps the fuel commission will have the effect of bringing light to more things than the discon nected labor conditions involved in coal digging While waiting for the jury to come in, we may be excused for suggesting to the British officials that one good way to avoid poisoning is not to eat any candy that comes through the mail without the sender's identity being known. With “Ike” Miner owning up that he is 75, and Mayor “Jim” telling the world that he is 66, some of the real veterans may yet be induced to come up for air and tell the truth. Turkey is behaving very nicely at Lausanne, but what will happen when Isniet gets back to Con stantinople? A magazine writer discusses a lot of possible successors to Lenin, but we thought the bolsheviki did their own picking. Difference of opinion, it is said, makes horse races, and it also keeps parsons going strong. The thermometer is also having its. ups and downs. --- A Stuffed Constitution 'From the St. Paul Dispatch. Illinois voters have rejected the proposed new con stitution for the state, as might have been expected. It contained too much controversial matters, such as limiting the representation of Cook county in the state senate, relating to Bible reading in the public schools, and details ns to local government, organization of courts, court procedure and other particulars that should have been left to the legislature, instead of cluttering up a constitution. The more general legis lation is put into a constitution the more need there will be of amendments later, as conditions change. When an abuse becomes entrenched in a constitution it is difficult to reform It. The temptation is strong for temporary majorities to nail down a victory by putting It into a state or the federal constitution. It is not democracy or repub licanism to make It hard for a future majority to have its way about some question tjiat does not relate to the nature of the government or the original compact by which citizens agree to have a government. Why should a constitution state the exact number of mem bers there shall be in the legislature or define the dis tricts from.which judges shall be elected-or the amount of money that, may, be event for waterways? I “From State and Nation” —Editorials from other newspapers— Out of tbo Legal Jungle. From the ht. Loul® Fost^Dlspateh. American law—our entire court system—is founded upon the Eng lish common law. In England, the English common law has been abolished. TlWre are over 3,000 judges in the United States. There are only twenty-three judges in all of England and Wales. In the past two years. American lawyers and jurists of the highest rank have been inquiring into the rea sons v by English courts rank so far ahead of ours in the administration of justice. Neither Joseph H. Choate, vho made inquiry in 1920, nor Chief Justice Taft, who recently returned from England, lias succeeded in mak ing the difference plain to the Amer ican people. Tlie fundamental, far reaching nature of the English re forms has not been stressed. However, the matter is coming be fore the people of this country in a message they can understand. A book is just off the press, entitled "The Law and Its Sorrows." written by a former Michigan lawyer now living In Florida, .1. Hannibal Clan cry, which will sink indelibly Into the mind of every man who reads it. It says tint all that Chief Justice Taft might have said—in fact, all there is to say on the side of judicial reform. Mr. Clancey lias written for the people at large, not for the members of his own profession. He does not expect most lawyers to cooperate in leal reform, for he points out that the present English system was forced on the judges and lawyers, and the father of English law reform, Jeremy Benthani, died at the age of >4 without seeing one of his sugges tions adopted, although they are the basis of English law today. It is appropriate that Mr. Claneey's book should be sponsored by “The Bent hum institute," its name indicating a purpose to work in an organized way for what is advocated. Inas much .as the question of law reform was one of the most vital subjects before the English government from 1828 to 1873, when the act of judica ture was passed, the extent of its probable debate in American may lie appreciated. It is generally conceded that the American judicial system is worse today, thon Uie English system was in 1S2S. it can l«e made better than the English system Is today. The subject, therefore, is both big and vital. It should be understood, first, what was accomplished by the 1875 act of judicature. Mr. C'lancey enumerates its provisions as follows: 1. It abolishes the common law. 2. It abolishes all difference be tween law and equity. 3. It abolishes all technical objec tions. 4. It abolishes forms of actions. 6. It abolishes demurrers. 6. It abolishes terms of court. 7. It created the originating sum mons. which very largely does away with pleading and puts procedural matter in the hands of a "master.” K. It establishes a rules committee. 9. It. consolidated fifteen varieties of courts. When one thinks of the average American lawsuit, he thinks pretty largely of the very tilings that have been abolished in England. What is It ft when nil theso are abolished? Nothing but justice. Over half of the work of the American courts is taken up with proceedings which have been abolish ed (n England, fiver half of our law suits are decided on points of pro cedure (hat have been abolished in England. Three-fourths of the fees of our lawyers are based on work that has been abolished in England. "Pleadings.” says Clancey, “are but childish, senseless quibbling: not one honest word can be said in their de fense.” A client with a had case and a good lawyer can win over any body with a good case and a poor lawyer, because If cither lawyer makes a technical error in the plead ings, his case is thrown out of court without reference to justice. It is the poor lawyer who makes the blunder. In place of the pleadings Mr. Clan cejy would have the originating sum mons, a simple statement of the issue between two parties to a lawsuit, made by a court “master” with the In tent of avoiding error. Under the system of pleadings, a lawyer takes a sentence of fifty words aiid contorts it into an allegation 20. 000 words long, in which the same thing is stated In a dozen different ways. If lie fails to put down the i right word at the right time, out. ho goes through the window. A case is cited from Michigan, In which five children were disinherited through a fqrged will. The case was dismissed because the lawyer, in his pleadings, «Id not make "an averment that the complainants are harmed." The chil dren' had been reduced to beggary, the forgery was set forth, they were ask ing f«r- relief, but the judge, sup ported by the supreme court, could not presume that their beggary had harmed them, unless at a particular place In the pleadings that was "averred.” That case was not ex traordinary: it is typical of American Justice. J liese points or practice and pro cedure represent a game played be tween lawyers, with the judge as um pire, in which the clients pay the bills. The litigant with a Just claim must win the game, through his law yer heating the other lawyer, before the right or wrong of his case can he passed upon. If liis lawyer loses the game'with the other lawyer, the client is regretfully told that he can't get justice. The originating summons would do away with all of this common law buncombe. Two litigants, or their lawyers, would go before a "mastei‘,” state their cases directly to him. and tlie "master” would writ? out a state ment of the issue for the guidance of the judge. lie would do all the work that is done by lawyers in their huge j and roundabout pleadings, and he woulfl do it in the interest of justice, not to give one side an advantage. Where oiind tonnage. Under the consolidation tentative- , !y started by the committee of the ; Interstate Commerce commission, the Chicago &. Eastern Illinois railroad Is grouped with the Missouri Pacific rail road system. Tills arrangements, if ultimately accomplished, emphasizes all the more the north and south line characteristic of tin- Missouri Pacific system. .1. A. C. KENNEDY. A Different Opinion or Wilson. Omaha—To the Editor of The Oma- ! ha Bee: Speaking of Mr. J. R. Dew ey's "The Man of the Ages." ex-Presi- I dent Wilson, 1 cannot be so charita- I hie towards him as the editor of The ! Bee nor so worshipful of him as Mr. \ Dewey. My estimation of Dim is j more in keeping with that of Henry Wntterson when he spoke of Mr. Wilson's "mediocre miml and colos sal vanity." I have tried to see wherein Mr ] Wilson was great, and the more 1 i study his acts the more I am con- j vlnced that he was sponsor for more 1 milk-and-water theorits that found expression in laws than any other ] of our public men. The harm he did j by foisting upon us such obnoxious Think How Tough This Would lie] I - 6AAT*. [ »/•**#*•"»#■ w»«o»vir laws as the Adams law, and by his application of the federal reserve law in his deflation policy, is more far* reaching than that caused by any other financial depression or any war the country has experienced. J have hut little sympathy fifl- him. Ik* is the “martyr” of his own cro tism and the author of his own trou hies, physical, mental and political, lie has already passed into history as a serene idealist, a political .autocrat and a tactless leader who would sacri fice his friend, his party and his coun try upon the altar of his own vanity. It. M. M. CENTER SHOTS. A police commissioner who would cat candy mailed anonymously would blow out the gas.—Philadelphia Rec ord. Bachelor: A male person who thinks every single lady of his acquaintance would like to land him.—Memphis News Scimitar. * It is estimated the handshaking from one election would pump 2,hl)U, 0U0 gallons of water.—Worcester Post. Hattie, the Central Park elephant who died from, the effects of a stroke, was probably closely related to the (}. O. P. beast.—Columbia Record. Tllh; OLD WAV AND TIIK NEW. 4 The Old Way. Train up yob** children, parents, And teach them to- obey, Ard when they've grown to inanh. 1 They wjll respect jour way: •, Train up ymir children, parents. In ways or love and truth. And teHo the day When life's disturbing troubles Are borne ftom them away Train up your children, parent", And t