Till; HKE: OMAHA. WEDNESDAY. JANUAHY 11,
The Omaha Daily Wyy.
I'Of.VDKll BY EDWARD KOBF.WATKK.
VICTOR K J f E WATRH, KDITOR.
Knteted t Omaha postoffiee as se.ond
cla matter.
TKRM9 or BUB8CBIPT10N.
B'ltirtnv Hee. one year 12. M
ratufday Ke. on" year .11.60
I ally lie twlthout Sunday), on year. Met
laily Hn ami Hum. lav, one year U Wi
DKLIVERKD BY CARRIER.
Fvenlng B (without Sunday . per Wfli
Evening H( (Willi Hundsyi, per wwh.,.lnc
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Address all complaints of Irregularities In
delivery to City circulation Depaitment.
OFFICKS.
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Oruaiia Bee. Editorial Department.
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I
STATEMENT OF C1RCUL.ATIO.N.
Slate of Nebraska, Douglas County, ss.
Dwlaht Willlania, circulation manager ot
The Hee Publishing Company, being duly
worn, khvi that "he actual number of full
and complete copies tf The Dally, Morning,
Kvenlng and Sunday Bees printed, during
tha month of December, ISl'J, waa aa fol
ows: 1.
. .43,570
. .44,000
. .43,380
. .45,00
IT....
II. ...
II....
SO. ...
,...48,810
, . . .44.830
, . v. 43,880
, . . .43,080
I..
I..
I. .
43,470
.....43,43'
" ,8fc0
1 43,83t,
1 43,860
10 48,400
11 44,380
11. 48,880
13 48,40u
14 t.4,030
IS 43,870
II 48,880
Total
Returned Coplaa..,
21 43,840
It 44,800
tl 44,030
14 44,880
tl 44,850
II 44,400
27 44,850
tl 45,880
1 ...43,880
SO 43,680
II 43,840
..1,385,760
11,463
Nat Total 1,344,887
Dally Average 43,364
DWIOHT W1LIJAMS,
Circulation Manager.
Subscribed In my presence and sworn to
before ma thla Slat day of December, IK 10.
ROBERT HUNTER,
Notary Public,
Subscribers leaving ika lty tem
porarily : should hare Tha Be
nailed to Ikrm, Ad drees will be
chanaird aa often aa reqaeated.
Puzzle Try to find an Ohio man
who will admit he Is from Adams
county. ,
What constitutes a food grand
opera, one that the hearer cannot un
derstand a word of?
Prof. See of California eaya apples
are growing on Venus. That would
be a sight to see, sure.
If Governor Fobs .of Massachusetts
doesn't stop talking soon his year will
be up With half unsaid..
It Is to be hoped the new senator
from Ohio, Mr. Pomerene, will not be
called Pomeroy by mlatake. ..
"The Country Boy," a play, Is said
to be doing well in Chicago. But
then, that is not a stage Joke.
Who knows but. when the Hornet
steamed out from New Orleans she
went to bombard San Francisco?
Chancellor Day insist that "we
need more statesmen a ad fewer car
penters." What, tired of hammers,
already?
Ex-King Manuel la going to travel.
That is what they told him to do when
they made It easy for him to leave
Portugal.
Two St. Louis balloonlsts started to
New York In the dark. Most balloon
lsts are in the dark, bo they are no
exceptions.
Every time J. Ham Lewis tries to
become a dark-horse candidate bis
bright pink whiskers are the signal
lights that give him away.
Ak-Sar-Ben wlU put a new roof on
bis den. , Considering the roof-ralstng
antics that have been pulled off there,
the old roof has done tolerably well.
St. Louis Is agitated over the exact
location of the Cave of Adullam. How
about that old cave of years ago out
at Washington and Jefferson avenues?
Why no form an order of war-scare vet
erans' Cleveland leader.
Yes. under command of General
llobson and Commodore "Dave"
Mercer.
We assume that peaceful Mr. Car
negie had nothing to do with the war
on President Corey that led to the
latter's loss of his Job as head of the
Steel trust.
A wholesaler's liquor license does
not entitle the holder to sell at retail
But does a retailer's license entitle the
holder to sell at wholesale? We may
here have a distinction with a differ
ence. Tbe war waxes warm between Texaa
and South Carolina. A Charleston
boy scarcely got through proving hla
claim to being the champion corn
raiser than a Dallas lad comes forward
with the same claim.
Score one for the Woman's club
registering a kick on congested atreet
:ar service, with Incidental compli
ments to the smoking compartment on
'.be rear platform. Make the smokers
to Inside or up on the roof, and let
he women have the choice standing
' -o'un where the breezes blow
Democratic Backtracking.
Some of Chsmp ("lark's chickens
have come home to root rather early
In the day. He and his democratic
colleagues In the house have alroaay
been caught in the a t of back-track
ing. Their flop on the rules issue,
flatly repudiating their grandstand
play last March, strips thrm entirely
of their mask and leaves them con
victed palpably of petty politics. Some
of their number even go so far as to
admit that they believed Speaker Can
non was right In bis position last ses
sion, but that they took the other side
for political reasons. Now, of course,
they reverse themselves for a slmllaf
reason, since one of their own number
will succeed Mr. Cannon as speaker
and may have to face precisely the
same situation.
Democracy's loader today Is Champ
Clark. His exhibition humiliates not
i only himself, but his party. Then- is
not one feature of it that docs him or
his party colleagues the least particle
of credit. He and bis followers have
openly acknowledged that their action
originally on the resolution to dis
charge committees was not to stop fil
ibustering, but simply to serve the ex
igencies of party expediency. Such a
course does not show even sagacious
leadership and it is doubtful whether
it is good politics. As the record
stands. Champ Clark and the demo
cratic party in congress are on both
sides of the same question, so that
when the issue reappears in the Sixty-
second congress, of which they will
have control as it is sure to do
they cannot avoid self stultification.
Those New York Bank Failures.
It is a stout tribute to the stability
of business conditions that several
banks in New York could come to the
brink of failure without creating more
than a ripple on the vast sea of fi
nance over the country. The money
market shows no serious results bo
cause of the Robin collapse. The big
financiers simply threw their great
arms about the tottering institutions,
prevented a threatened cranh and now
are restoring them to erect standing.
But suppose these bank failures had
transpired during the heat of a po
litical campaign, or upon the eve of
one. Is anyone so guileless to Imagine
that eight or nine banks in New York
City could have been menaced with
failure without creating more than a
ripple? Does not everybody with a
memory that goes back as far as 1907
know that no such tranquility would
have followed?
The country has had an Impressive
object lesson of the recuperative pow
ers of banks, the durability of its fi
nancial system and the basic sound
ness of business conditions. All this
Is highly gratifying. It has- always
been hard for the layman to under
stand how panics could come in the
midst of natural prosperity large
crops, bulging granaries, busy factor
ies and well-paid labor. . .
Nebraska's Growing: Cities.
The census figures showing the pop
ulation of cities of Nebraska having
over 5,000 inhabitants discloses ten
cities coming within that classifica
tion, exclusive of Omaha, South
Omaha and Lincoln, and all of them,
with one exception, show gratifying
growth in the decade since the preced
ing enumeration. The relative posi
tion of these cities, however, Is ma
terially changed. Grand Island forg
ing to the front as the city ranking
first (outside of Omaha, South Omaha
and Lincoln) In population in Ne
braska, supplanting Beatrice, which
falls back to second, whtle Hastings
is a close third, Fremont fourth, York
fifth, Kearney sixth, Norfolk seventh,
Nebraska City eighth, Falrbury ninth
and Columbua tenth. In per cent ot
population growth nearly all of these
cities show up well, with from 10 to
60 per cent, and three of them appear
for the first time In the list of cities
having a population In excess of 6,000.
Nebraska has always been a strictly
agricultural state, naturally tending
to a multiplicity of small towns and
Tillages, but with the cultivation of
previously unoccupied lands and
steadily thicker settlement, these
cities are bound to thrive and increase
and serve as the business centers of a
prosperous surrounding country. Ne
braska's growing cities are entitled to
congratulations on their census ex
hibit. The Tax Suit Settlement.
The city council haa approved a set
tlement of the long pending suit
against the Union Pacific for taxes
growing out ot the disputed assess
ment of 1903. The settlement on the
surface does not strike us as being
particularly favorable to the city. But
even It the city had not gotten a cent
out of this litigation over and above
what would otherwise have been paid,
the taxpayers are Immeasurable gain
ers as a consequence of it.
It should be remembered that this
independent assessment of railway
property In Omaha, Irrespective ot the
mileage-based assessment mads by
the State Board ot Equalisation, was
the first big gun fired for terminal tax
ation, which finally, four years later,
resulted In complete victory . for the
people. , Without this foundation
pointing graphically to the unwar
ranted and unjust evasion of mu
nicipal taxes by tbe railroads, tbe bat
tle to compel the priceless terminals,
which could not be replaced for mil
lions of dollars, to contribute propor
tionately to the expense of vlty gov
ernment could hardly have been sue-
ceKsfully waned. The terminal tax
law. which Is Hie direct outsrowth of
this fight participated In 19u:i by the
! Board of Revenue, of which the editor
of The Bee wa chairman, is bringing
i Into the city treasury an additional
i revenue of upward of $100,000 a
j year, and o that extent relieving
other taxable property which had pre
I vloucly been compelled to pay. as it
; were, excess baprase In order that the
I railroads- mifiht have their lugpage
; carried free.
New Orleans Courting Gotham.
New Orleans is assiduously court
ing favor with New York in its con
test with San Francisco for the Pan
ama exposition In 191.. It has evi
dently conceived the notion that the
support of the metropolis will be a
potent factor at Washington In the
determination of the result. It uses
the argument with persuasive force
that New York and southern Interests
are closely allied; that steadily since
the civil war this community of In
terest relation has been growing
Large colonies of southern people
have gone to New York and become
leaders In the social, political and
commercial life of the city, and like
wise have many New Yorkers trans
planted themselves in the south.
This Is all very true and it Is also
true that tbe bond of commercial in
tercourse is strong between the two
sections, but with all that New York
has not yet been fully convinced that
New Orleans' claim to the exposition
is superior to that of the Pacific
coast metropolis. Apparently senti
ment Is cutting little figure and sel
fish business interests not a vital one.
If the sentiment of the city Is ac
curately reflected through the press,
then New York, may be even more of
a pro-San Francisco city than pro
New Orleans. The Tribune is so
strongly committed to tbe superiority
of San Francisco's claims as to de
clare t'aat even If Gotham, itself, were
in the race, that paper would still be
for the Golden Gate city.
But the southern metropolis has a
perfect right to solicit New York's aid
and it shows good sense in doing so.
What is regrettable in its campaign Is
some of the questionable methods it
employs to advance its interests. For
instance, its newspapers are making
desperate efforts to alarm people
over the danger of earthquakes in
an Francisco. The latter city is be
rated for an alleged attempt to "cover
up" news of recent disturbances and
several dispatches are reprinted un
der California date lines, tending to
prove that earthquakes are now shak
ing the whole state. This is puerile;
It will not win with sober-minded
people. New Orleans should exploit
Us own resources and let San Fran
cisco do likewise. Both cities have
indulged too much In the mud-slinging
business to reflect a great deal of
credit upon themselves.
Under the newly adopted rules of
the State Board of Public Lands and
Buildings superintendents, officers and
employes of state institutions "who
have children or other relatives not
on the pay roll residing with them in
the institution" will have to pay for
their board. Superintendents, officers
and employes will doubtless take the
hint and put all their children and de
pendent relatives on the pay roll.
On the appeal from the decision of
the speaker in the big rules fight no
response comes on roll call from Con
gressman Hitchcock noted aa absent.
When the tariff bill was up for final
passage Mr. Hitchcock was touring
Europe, and when the railroad regula
tion bill came to a showdown, he was
visiting in Omaha.
What's this report that the Lincoln
Excise board Is consllerlng further
precautions to stop unlawful selling
of liquor In that dry town right under
the shadow of tbe state house? Bet
ter recall ex-Governor Shallenberger
and ex-Attorney General Mullen for
some more ouster proceedings.
Why Is It that nona of tha newspaper
reports of tha mix-up In Nashville men
tions the name ot John Wesley Gaines?
Can a political situation in Tennessee
really awell to sublime proportions without
him? Houston Post..
Possibly not. Which must mean
that this one has not yet reached
those proportions.
A Kansas City Judge holds that a
wife's smoking cigarettes at home Is
not a sufficient ground for divorce.
Perhaps not, but If the husband does
not show up at the family bearth until
the smoking hour Is past he cannot
be severely censured.
Tbe Nebraska supreme court has
decided that selling beer by tbe case
Is selling at retail. All right. Then
a man who tanks up with a case or
two of beer can no longer be accused
of putting It down by the wholesale.
Oklahoma's new governor boasts
that be Is a native of Kentucky, and
was Inaugurated with an escort of 150
other former Kentuckians. Nebraska's
governor comes from Ohio, which also
supplies tbe people with presidents.
Still, if a person were in for being
quarantined, we know of no better
place of abode he might choose than
the palatial home of our Young Men's
Christian association.
If there is such a thing as prize
winning on one's name, surely tbe
honor belongs to Atlee Pomerene, who
will succeed Senator Dick ot Ohio at
Washington.
Initiative and Referendum at Home
From the Addreia of Frederick
Bar AsaoolatloB, at Ita Annual
A an instance of the working of the
Initiative under the amendments oT the
Oregon constitution, attention is called to
the amendment of aitlcle vll. adopted at
the flection Ivld November U. Il'l'l
"The amendment provide, in effect, tuat
the judicial power ot the mate eMail be
esteil in one supreme court and In sum
other courts aa may, from time to tlmr,
he created by law. It further provides
I'oHt the Judges shall be elected by the
legal voters for a term of six years; that
tin- courts shall icmaln n at present con
stituted until ulheiwiso provided by law;
and that In all civil cases three-fourths
of the jury may render a verdict.
"The main objectionable features of this
amendment are in its section Hi, which Is
an follows:
N "Section ;t. In actions at law. where the
value in controversy shall exceed t-l, the
rlitlit of trial hy Jury shall he preserved,
and no fact tried by a Jury shall be other
wise l e-exanilned in any ourt of this state,
unless the court can affirmatively say
there Is no evidence to support the ver
dict. I'ntil otherwise provided by law,
upon appeal of any case to the supreme
court, either party may have attached to
the bill of exceptions ttie whole testimony,
the Instructions of the court to the Jury,
and any other matter material to the de
cision of the appeal. If the supreme court
shall be ot opinion, after consideration of
all tile matters thus submitted, that the
Judgment of the court appealed from was
audi aa should have been rendered In the
caae, such judgment shall be affirmed,
not withstanding any error committed dur
ing the trial; or If, In any respect, the
Judgment appealed from should . be
changed, and the supreme court shall be
of opinion that It can determine what
Judgment should have been entered in the
court below. It shall dhect such Judgment
to he entered In the same manner and
with like effect aa decrees are now en
tered In equity cases on appeal to the su
preme court. Provided, thut nothing In
thla section shall be construed to author
ise the supreme court to find the de
fendant in a criminal case guilty of an
offense for which a greater penalty Is
provided than that of which the accused
was convicted in the lower court."
"It will be aeen that there Is apparently
a conflict between the provisions of tha
first sentence of section III, relating to the
effect of a verdict by a Jury In an action
at law, and the power and duty of the
supreme court on an appeal when there
is attached to the bill of exceptions by
either appellant or respondent, 'the whole
testimony, the Instructions of the court to
the jury, and any other matter material
to the decision of the appeal.'
"I'nder the familiar rule of construction
that where. In a statute, there are appar
ently conflicting provisions, they must be
reconciled if I', is possible to do so, sec
tion 111 should be construed to mean that
the verdict of a jury cannot be re-exam
ined by any court Inferior to the supreme
court, and only by the latter w hen the i
whole record is before it. Thus, a circuit
court cannot grant a new trial tf there
be a verdict of a Jury, with a scintilla of
evidence to support It, even when such a
verdict Is excessive or outrageous or given
under prejudice or passion; probably, not
on account of newly discovered evidence.
Once a verdict, always a verdict, until It
reaches the supreme court. The sufficiency
of the verdict will apply to appeals to the
circuit court where there Is a jury trial
In the county court or In a court of a
Justice of the peace. It would aeem that
practically there can be no appeal to the
circuit court, when there has been a Jury
trial In an Inferior court. The testimony
Is not transmitted in such appeals to the
clrouit court. Bub tbe provisions of the
first sentence aa to the conclusions of a
verdict by a Jury do not apply to a crim
inal case, for the last sentence of section
ill la:
'Provided, that nothing in this section
shall be construed to authorize the su
preme court to find the defendant In a
criminal caae guilty of an offense for
which a greater penalty Is provided than
that of which the accused was convicted
in the lower court."
"The appeal provided for In section 111
pplles to both civil and criminal cases.
The words are: 'Vpoa appeal of any case
to the supreme court' the provisions ap
ply. xAnd what are the provisions upon
an appeal? Either the appellant or the
reapondent may (and certainly the ap
pellant always will) 'have attached to the
bill of exceptions the whole testimony, the
Instructions of the court to the Jury, and
any other matter material to the decision
of the appeal.' Does this Include the ver
dict? It la Immaterial. The verdict of
the Jury, in the court below, is not neces-
aarily even a guide to the supreme court.
It must be guided by 'the whole testimony,
the Instiuctlons of the court to the Jury,'
and also 'any other matter' that either the
appellant or respondent may deem 'ma
terial to the decision of the appeal.' It
may enter a Judgment 'after a considera
tion of all the matters thus submitted.'
If the supreme court decides for the re
spondent. It may do so, 'notwithstanding
any error committed during the trial' by
the court below or by the Jury. It must
consider whether the Judgment 'waa audi
aa should have been rendered In the court
below," after a review of the whole testi
mony, and alao after considering "other
matters' In the record. There may be simi
lar action by tha supreme court. In favor
of the appellant. If 'It shall be of the opin
ion that it can determine what Judgment
should have been entered in the court be
low.' What, then, la tha value of tha ver
dict? By this method of appeal is not
trial by Jury practically abolished In Ore
gon? And yet trial by Jury has been in
existence In English-speaking countries
from the time of the Anglo-Saxon rule in
England until the present day!
'No provision Is made In this amend
ment for aendlng tha case buck to the
lower court for retrial. Ita apparent ob
ject Is to authorise the supreme court to
make a fin.; determination In every law
cafe appealed, and also In criminal caaea,
and to direct what Judgment shall be en
tered In the court below. But how can
the upreme court make auch a determin
ation when the court below has excluded
testimony which ahould have been ad
mitted? Or made other rulings materially
prejudicial to tlie rights of one of the
litigants? To appeal a civil action to the
supreme court, merely on errors of the
lower court, will amount to nothing If
there has been a verdict of a Jury, for
no fact tried by a jury shall be" other
wise re-examined In any court ot thla
state.' excepting only when a caae Is ap
pealed to the supreme court, and the
whole testimony, etc., ia attached to the
bill of exceptions. Any matter which can
now be shown after the trial, as, for in
stance. Improper conduct by the Jury, or
that prejudice or passion Influenced its .
verdict, and not appearing by the record
of the trial, It would stem, cannot be con- 1
aldered by the lower court or by the su- 1
preme court. Certainly If tha supreme
court did take cognisance of auch new
matters, it could not well determine what 1
the Judgment should be. But thla amend- I
ineut gives the supreme court the power
to dispense a kllld of crude, oriental Jus
tice, which may cover deflcienclta In this
amendment.
"While section III gixes the right by law
to change the powers conferred by It on
the sjpreme court in regard to determin
ing what judgments shall be entered In
clWl and criminal cases, there U no right.
T. Holman, President Oregon
Meeting, November, 15, 1810.
by any law. to change the first sentence
of Fprtitin ill. A clianjre In the latter can
bv maile by constitutional amendment
only. If the power Is takrn frum the su
pn no- court to set aside a verdict and to
icndii a Judgment, then a verdict once
given cannot be le-exanilned by any court;
however unjust or unfair. It must stand.
Kor centuries the Jury haa been a check
on the tyranny and corruption of Judges,
while, at the same time, upright judges
have corrected the verdicts of Ignorant,
prejudiced and vrnal Juries. To do away
with this bHlanre of power is to set aside
the best safegnaid for Justice which the
wit of man. guided by the experience of
centuries, has been able to devise.
"At first sight, the first sentence of
this section III nould make It appear that
tills section III applied to civil cases only.
Put tlt Is not the fsqt. The rest of the
.section applies to criminal cases also. The
punctuation Is bad. The word 'provided.'
which ia preceded by a period, should be
preceded by a colon. What follows after
the word 'provided' Is a part ot the sen
tence. There Is no limitation on the "ap
peal of any case to the supreme court."
but the limitation Is 'Provided, that noth
ing in this section shall be construed to
authorixe the supreme court to find the
defendant In a criminal case guilty of an
offense for which a greater penalty is
provided than that of which the accused
waa convicted In the lower court."
"Mark the words, the offense 'of which
the accused was convicted in the lower
court.' Bot the offense nor crime for which
he- was indicted nor for which he was
tried! If the accused. In a lower court, Is
convicted of a crime for which he was
not Indicted nor tried, of course an appeal
will lie. But the supreme court may find
him guilty of an offense, without Indict
ment, the only limitation being that the
supreme court cannot 'find the defendant
guilty ot an offense for which a
greater penalty la provided than that of
which the accused waa convicted In the
lower court." This la made plainer, and
la accentuated, by the following provision
of section V of the amendment, via: 'No
person shall be charged In any circuit
court with the commission of any crime or
misdemeanor defined or made punishable
by any of the laws of thla atate, except
upon Indictment found by a grand Jury."
By a necessary Implication, this provision
does not apply to the supreme court, which
on appeal may find the accused guilty of
another crime or offense, hut not one 'for
which a greater penalty la provided than
that of which the accused was convicted
In the lower court." The accused may be
Indicted in a circuit court for murder, and
convicted of rape or arson by the supreme
court; Indicted for burglary, and convicted
on appeal of mayhem; indicted for forgery,
and found guilty of obtaining money on
false pretenses! And mav thus be con
victed of a crime for which he was not
given a right to make a defense. If cir
cuit courts are abolished by law, can per
sons be tried for criminal offenses without
Indictments? Indictments are only neces
sary In circuit courts.
"Certainly the proposers of this amend
ment knew little of. or cared nothing for
the history of the English people. They
Ignored tha examples of history. Of how,
for centuries, the English people struggled
against oppression and tyranny, and for
the right of a fair and legal trial by a
trial Jury In civil and criminal cases, and
In all felonies upon an Indictment found
by a grand Jury; of how they were trium
phant in the so-called revolution of 1688;
of the establishment of the bill of rights,
which. In Its essential features. Is a part
of the original constitution of the stats
of Oregon; of the causes which led to the
American revolution; of the revolution It
self; of the Declaration of Independence.
They Ignored the debates In the convention
when the constitution of the United States
was formed; the fifth and sixth amend
ments to the constitution of the United
States; what was published In The Federal
ist; personal liberty as opposed to tyranny;
and human rights as against the tyranny
of courts. Take this amendment, with
Its contradictory provisions, and determine,
If you can, what waa In the minds of Its
framers. and what was their Intent.
"The people and the legal voters of Ore
gon are certainly of aa high average In
telligence as those of any other atate In
the union. Ita earliest pioneers were people
of high courage and Intelligence, who first
saved Oregon and then made It. Oregon
has ever since attracted conservative peo
ple. It has been no place for the adven
turer or the Idler. Up to 1900, Its growth
was not fast. Ita population, as shown
by the census of that year, was 413.536.
Its population, as shown by the census of
1910, Is 672,765, an Increase of 226.261 In ten
years. But only a part of Oregon's voters
have"1 taken the Initiative amendments
seriously. Very few of them have read the
proposed amendments, fewer still have
taken the trouble to give any serious
thought as to what most of the Initiative
amendments meant. Many do not vote on
Initiative measures, hoping that what Is
right and proper will prevail. Many who
voted for thla amendment of Article Vll
of the constitution were misled by the
first clauae of Its ballot title. This care
less, not to aay dllettant, way ot voters
considering or not considering serious
amendments of the constitution by the
Initiative Is one of the strongest reasons
against Its use. If the voters will not
seriously, carefully, Intelligently and con
scientiously set, then It must continue to
be a failure and, at the aame time, a men
ace to the stability of government aa It
has heretofore prevailed In the Uniud
Htates.
"Consider tha vote by which this amend
ment was adopted! Initiative amendments
do not require a majority of all tha voters,
merely a majority of the votes cast for
or against the amendment The total num
ber of votes caat for governor, which was
lets than the number of registered voters,
at tha election November 8. 1910, when
thla amendment waa adopted, waa 117,690.
The vote In favor of the adoption of this
amendment was 44.645, and against Ita
adoption 39.307. The affirmative voles
were 14.301 less than the majority, a pro
portion of votes caat for the amendment
as compared with the total votea for gov
ernor of lesa than 38 per cent. There were
33.738 votes for governor who did not vote
on tha amendment at all. The total num
ber of voters who voted against thia
amendment, and those who did not vote
on it, la 73,04.', aa against 44.545 who voted
for It. And thus a constitution ia amended
In Oregon and the vital principles of
American Institutions and the precedents
of law, and the safeguards of liberty and
of a republican form of government, may
be set aside.
"It may be that my conclusions as to the '
effect of thla amendment are wrong, but
I believe I am right. In any event, a
radical change has been made In Oregon's
fundamental law. It is true, the Oregon
supreme court may, by Its decisions,
amend this initiative amendment of Arti
cle Vll, and say that its effect must be
aa the supreme court decides. It was held
In Straw against Harris. &4 Ogn. 424 (101
Pacific Reporter. 777). that 'the language
used In the amendment considered would
appear to give' certain powers, and that
'whatever may be the literal Import of the
amendment, It cannot be held tbat the
Oregon constitution can be so amended '
Put this is a limitation on the power of th.
voteis of Oregon to amend the constitu
tion, and I a limitation that Is not bow
In the constitution Itself. What then of
this sacred right of the Initiative? And
what of the doctrine, by which It Is up
held that the people are never wrong?
And thus S per cent of them are right In
amending the constitution for the other
63 per cent. Let the minority rule!
' As there are no limitations on the pow
ers of the voters to amend the Oregon
constitution. It would not be impossible
to hae an amendment providing for refer
endum votes on decisions of the supreme
court. A petition with 9,000 signatures
would require such an amendment to be
submitted to a vote at the next election.
"I have written to show In how crude,
unsatisfactory, and Ignorant a manner
radical changes may be made by initiative
amendments and to a carefully considered
and established constitution, auch as Ore
gon has had for more than fifty years.
It Is to be hoped that the time Is not far
distant when the legal voters of Oregon
will Invoke the Initiative to abolish it."
SNAPPY REMARKS.
Washington Herald: Although we have
only Just started on 1911, It will do no harm
to remind the spinsters that next year will
be leap year.
Philadelphia Bulletin: It's amasing how
many different kinds of rows among the
democratic members of congress the stal
wart republican organs are kicking up
these days.
Houston Post: If the devil really paves
the highway to his kingdom with good in
tentions, we expect to hear that the good
roads movement In that vicinity haa been
a complete success.
Chicago Newe: Tbat man who was try
ing to keep an automobile on a salary of
$S5 a month was evidently one of those
hopeful creatures who bellve that two can
live as cheaply as one.
Brooklyn Eagle: An International peace
hymn to the air of "Ood Bave the King"
la Andrew Carnegie's latest Investment.
"The Self-Contradictory Character of Cale
donian Calorics" would be an admirable
auhject for a monograph.
New Orleans Picayune: It Is remarkable
how eager and persistent are the American
people to secure direct political control of
their public affairs, and when that end
Is attained to abandon their political duties
and to fall and refuse to go to the polls
and exercise the franchise which they were
so determined to have.
ROMAS t'K OF THK HA1LHOAD.
Rome Reflections ta the Uallriin
Record of the "Year.
New York World.
The United States built In the yesr just
closed 4.200 miles of railroad, leading all
the countries of the world in new mileage,
as it has every other year for the laat
half century. It was said several years I
ago that the days of great railroad build
ing In this country were over, and that
henceforth Canada. Argentina. Australia
and South Africa would be the chief fields
of this industry. But tha Immense vitality
of the American republic and Its power
of drawing people, Industry and wealth to
Itself were overlooked.
Canada Is receiving a great Immigra
tion; Its hugs western plains make railroad
construction cheap and easy; yet despite
all the talk, It built only 629 miles last year,
or about one-seventh of our own. Argen
tina, Australia and South Africa malic
showings relatively as poor. Our mileage
Is now nearly half that of all the world; It
exceeds that of all Europe by more than
50,000 miles, and in the last ten years we
have built more miles tban any othor coun
try possesses.
The building of a new railroad In this
country is so much a matter of tha day's
work that the publio pays no attention to
It. Ws have recently opened two new trans
continental lines, and In either case the
event passed almost without notice. We
now have seven such roads, and we should
have more If it were not for the fact thst
the country they traverse Is acquiring, like
the east, a railroad gridiron of Its own.
Penalised for av Good Deed.
Baltimore American.
A railroad company In Ohio whose elec
tricity leaked Into a fence will have to pay
over tl.WO to a citizen who happened to
be sitting on the fence when the electricity
arrived. Yet the man on the fence la such
a deterrent In all progress that the com
pany was doing a good work rather than
otherwise In giving a good shock.
ARE YOU GUARANTEE!?
There is only one quarantine-proof commodity,
and that is a telephone. Last Sunday, when Small
Pox caused tlie closing of the Young Men's Christian
association building, one hundred Hell Telephones,
one in every room, served the roomers in breaking
engagements and cancelling appointments.
Without Bell Telephones that great building
would have been strangely isolated from the rest
of the city and outside cities. With Bell service
every one could talk right from his own room to
any part of the city or to anywhere in the country.
Dr. W. N. Dorward
"OMAHA'S RELIABLE DENTIST"
Everything uj-to-date. Iidy attend
ant. Prices very reasonable. Present
this ad and receive a liberal dscount.
422-3-4 Paxton Blk.
Both
People Talked About
Bronson Murrav, a distinguished l II
enclneer in his day. who surveved the first
and second lines of the Kite railroad in
lMTi-Sa from New York to ixilnts far to the
westward, died at his home In New ork.
lie was 9.1 years old.
The fattest barber In the t'nltrd Stafs
died of apoplexv In Pittsburg rocentlv.
He was Samuel Harvey of Carnegie. I la
weighed 4;0 pounds and wns proud of It.
He also took pride In being a friend of
Honus Wagner, the ball plnyrr. who waa
hia neighbor.
An Indiana volunteer soldier has been
granted a pension of $72 a month In reeog
nltlon of the fact that he allowed himself
to be bitten by mosquitoes to test tlie
theory of malaria and yellow fever Infec
tion during the earlier occupation of Cuba
by the Americans.
It Is said that forty-five of the mutinous
Brazilian sailors have met with "sudden
death" since, on the night of November
21. the crews of five battleships rerolted.
killed four of their officers and made one
of their number. Jean Candida, the com
mander of the squadron. It is now an
nounced that Candldo haa died on gan
grene, twenty-six from sunstroke, and
eighteen othera have been suffocated.
Bills are soon to be Introduced Into the
Missouri legislature which will allow the
erection of a fitting atate memorial to
Mark Twain at Hannibal, his boj hood
home. One measure rails for a state ap
propriation of llo.OOi for a monument. The
cltiaens of Hannibal have promised the
most conspicuous place In their city for a
site. Thia will doubtless be "l.ovcr s leup."
a high bluff overlooking tbn Mississippi and
close to Tom Sawyer's cave.
WHITTLED TO A POINT.
Novice It must be a dreadful eneation
to run over a man!"
Chauffeur -Not nearly so dreadful as to
run over a cow and It doesn't Injure the
machine bo much. Judge.
"You advise that man's constituents to
stand bv him?"
"Yep.'1 replied Farmer CnrntOHsel. "1 biI
vise 'em to stand by close enough to watch
ever) thing ho dot s." Washington Star.
Vlltor--How was the show at the opera
house last night?
Kural Citizen Fine. That fellow'a Imi
tations of actors we'd never seen was
the best 1 ever saw.
"I shall wed money," said A.
"And I ahall marry blood,'' said B.
'"You will ftnd it the same In your daily
lives," said C.
"How?" (iuetted A, plus B.
"Money talks you know," grinned C, "and
blood will tell." Toledo Blade.
"Juggins says that the news of his boy's
ralae in pay has brought nunshtne into the
home."
"1 suppose he means they're basking In
the Hons raise, so to speak." Baltimore
American.
"Have any serious trouble with your new
automobile?"
"Not a bit. Bo far f haven't hit R ulngle
man without being able to get away before
he got my number." Cleveland Leader.
"Don't know whether 1 ought t'
tecognlae him here In the city or not.
Our acquaintance at the seashore was
very slight."
"You promised to marry him, didn't
you?"
"Yes. but thst was all." Louisville
Courier-Journal.
TO AN OLD SHOE.
Youth's Companion.
We've walked the ways of life, old shoe
The rough and smooth together;
I've kept you under foot, 'tis true,
But you've been honest leather.
You've not refused to take the dust.
Your shining surfacS soiling;
You've been a friend that I could trust
In pleaaurs and In tolling.
You're borne the brunt of many a blow
By foes for me Intended:
You've never kicked a fallen foe.
Though myou'v oft defended.
You pinched me some when you were new,
Ere we had learned ca h other;
But now you fit my foot, old shoe.
As brother unto brother.
But now you're wrlnliled. old and gray.
Too shabby to be mended;
I'll fling you out beside tlie way
That by your help I've wended.
And then I wonder If some day,
When I am old arid faded,
Like you til thua be thrown away '
By those whom I have aided.
Then let it be beside the route
Of aome divine endeavor.
O'er which the feet that wore me out
I'aaa on and up forever.
NEBRASKA TELEPHONE CO.,
A. F. Ale Adams,, Local Manager.
BeU Telephone Bervlos Ksaolass M early Everywhere
. I
l '
i i A !
Phones.