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VOLUME CDC— 39;
THE CANDID FRIEND
An Independent Review of Men and Things That Figure in the Contemporary Life of California
"\ A^^\ ' J HESTER ROWELL, in the
' 1 m * Fresno Republican, warmly re
♦ **& J * se"ts my charge that he is try
♦ '_ ing to. break down a moral obli
♦ ♦ cation by advising members of
♦ -. ...... ....... „ the legislature to vote for Works
♦ J"! ' %"^ - and throw down Spalding, to
♦ ■% xt> X whom they were pledged by
♦ .... ♦ their constituents, voting under
m ... 4 their constitu ting under
♦ % i .the advisory provisions of the
,'Y-f V* ' * '*'*■ primary law.
Rowell uses about a thousand .words of confused
and involved reasoning, widely differing from his
customary clear and luminous style, -to justify him
self. Here is a sample of his reasoning:
The absurd distortions*, inserted by chicane and
trickery into the unconstitutional part of that law,
were no part of the implied bargain between any
legislative candidate and his constituents. Few;
candidates and practically none of the 1 people* v
understood those provisions. But every candidate
of-both parties ran on a platform committing him .
to the principle of a statewide vote on sen.
That platform, unless repudiated, did constitute an
implied pledge. The '"law" left the legislator ''at
liberty" to choose between the vote of his district,
and an instructed caucus of his party colleagues.
It could not deprive him in law. and* it would be
immoral to deprive' him otherwise, of the third,,
alternative, "liberty" to accept the advice of the
people, as expressed first by their direct vote on
this question, and second by the indirect indication
of all their other votes on all other questions.
MR. ROWELL SOPHISTICATES ,
The casual reader would never guess from this
floundering ■ exposition that when Mr. Rowell
speaks of the"unconstitutional" part of the law* he
'; condemns the whole body of laws adopted by many
of the states with the object of, controlling the elec
tion of United States senators by popular .vote.
Every law of'this character, whether enacted in
Oregon, in California or in New Jersey, is unconsti
tutional, because., no state statute. of the sort can
set aside the federal constitution; which: gives7mem
bers of the legislature absolute power in this rela
tion. Placed in connection here with other injurious
, expletives, it fully, sustains my charge that Mr.
Rowell is trying, to break down the principle of
the advisory vote to control the election of senators.
The laws for this purpose arc unconstitutional
everywhere, but .they serve their purpose where
members of (he legislature recognize the mora'obli
gation imposed on them by their constituents. I
don't like to use,hard words,' but an argument.made
in that way and in such connection is not honest.
NO LAW BREAKER ADMIRES THE LAW ,
The whole burden of Mr. Rowell's argument is
. . that the law is a bad law and we should not obey it.
But they did not discover how bad it was until
Works was defeated 2 to 1 by Spalding.
The fact is that Mr. Rowell has worked "himself
into an untenable position, and I am sorry for it,
■ because I expected:better things of him. I can
only account for his extraordinary mental obliquity
on the supposition that he is blinded by partisan
. feeling. ** • .
HIS LABORIOUS METAPHYSICS
'I defy any man to read over that quotation from
the Republican without setting his brain whirling.
* The thing has wheels. What on earth is a /'third
alternative," and why should Rowell swaddle "lib
erty" in quotation marks? What is this "liberty"
in swaddling clothes? Will it mend a broken law?
No. Who hath it? The welchers and the pledge
breakers. Who is first of the apostles of.a swaddled
"liberty"? Chester Rowell. ' . !!; V'
Perhaps it is ; not worth while to.suggest to Mr.-
Rowell that the whole purpose- of the law in this
relation is to deprive legislators of a liberty or
liberties which in the past they have usually abused
in the most flagrant way. Now Mr. Rowell seeks
to restore these liberties.
An honest purpose, Mr. Rowell, does not require
.: a thousand words of confused metaphysics to
explain it. But let tne not be misunderstood. I do
; not charge, and would not hint,, that Rowell is not
an honest man. I do believe that Lean show him
to be a poor, misguided critter, blinded by factional
feeling. Rut it should put him on inquiry if he":
will reflect on the character of : some" of his most
conspicuous and noisiest coadjutors in this effort
■ **• to break: clown the primary law. C
THE FINAL RESORT
Rowel! will now proceed to call me "a hired man."
He has already hinted at it, but did not quite get
! there. But lie will. Pillsbury fired; it at meby,'
*_';. way of a parting shot. It is the last,resort- of a
. pole mist conclusively worsted in argument.
. AN OBSEQUIOUS FLOOD
''' -C To a man of nice feeling and a natural * sense l of -
modesty the farewell banquet* , given by certain
enthusiastic courtiers of this town to Governor Gil
lett on his retirement from office must have, been
; a somewhat' painful;' function. Indeed, I gather
from the ."reports- that the .governor felt it as such
and was so greatly embarrassed by the servile and
THE SAN FRANCISCO CALL
SAN FRANCISCO; : SUNDAY, JANUARY: 8, 1911.
Edward F. Cahill
obsequious flow of after dinner oratory that he
began to apologize for himself by explaining that
if he had been guilty of faults they were "mistakes
of the mind instead of the* heart." This dubious
plea might mean that his head is soft and his heart
is hard, or, again, it might : import that his head
and his heart are'both soft As a'matter of fact,
it only meant that the governor was just talking
nonsense to hide his embarrassment.
I was present at a somewhat similar function
some years ago when .'Governor Pardee, George;.
Pippy and a lot of other amiable and well meaning
people slobbered buckets of praise over Luther
Burbank, who sat helpless and unresisting, sub
merged by the oily flood. This hero business
not everything its worshipers crack it: up to be. .'
Gil lett, as" a matter of fact, was a' very decent
governor of the purely negative sort. He was a
model of official deportment and ate three meals
• a day. but the single' positive measure connected
with his name was the bond issue for good roads. ;
The only important pieces of legislation enacted
during his incumbency were the direct primary law
and the.racetrack measure. lie supported neither
and opposed neither. In fine, he was King Log.
JOHNSON'S. ALLIANCE WITH STUBBS
In the eastern press I find some correspondence
over -the* signature of '"Holland," written by a well
informed newspaperman in close touch with affairs,
who deals with the purpose of Governor Johnson's
recent visit to Washington and the alliance there
• cemented with Governor Stubbs, the radical Kansas
,*- insurgent, and with Senator La Follctte. I quote:;
>; Men of the insurgent character of Governor elect
Johnson of California and Governor Stubbs of
Kansas, and two or three others not quite so
prominent,* ha*. found it convenient to visit some /.
i if the insurgent members of congress as though by
accident, or. to pa*> v courteous calls, sometimes at
their committee rooms, occasionally at their
' homes.' ■ ', - '';
-*•■■< • ibbs and Governor elect John*
.. -slipped in anil slipped'but of Washington without
"causing the 'eyes*of politicians to be-'fixed upon
***•' them._ They were presumed to have gone to
Washington simplyibecaiisetheyhad opportunity: ;.
while in the east to" make a brief anil: something;,
like a pleasure trip to the capital.- .
They, had, however, a serious purpose. This
related to presidential politics, which is to cul
. ruinate at the national convention in 1912. In
formal ; and.casual conferences 'always are the -
mariner, in which great as well as* minor politics
The information here reported.was received ati-i-.*"-'
thori<atively "from Washington this morning. It *
can not be gainsaid. The first purpose of the,con-.
- ference.' in many of which Senator La Toilette
as well as the leading insurgents of the house of' *
representatives have* ; shared, was to arrive at'-ji^
decision upon the question whether or not it was *
expedient to* begin presidential' polities, with the
purpose to defeat the renomination of President "
... In those of the conference, of which reliable in
formation has been received here, it appeared to be
;: not -only .the .unanimous but the enthusiastic
opinion: that the insurgent wing of the republican
party should, begin such politics as would compass
:C the defeat of President Taft at the republican con
vention of 1912.
GETTING BEHIND HUGHES ..
It is the present understanding among the
insurgent leaders that they shall unite on Justice
• Hughes, sometime, governor of New York, as their %
candidate for the nomination, if only Hughes can
be got to consent.
Now, in this relation an interesting, story is told,
in which* another Californian of note figures prom
inently. It was the accepted belief in Washington,
and, indeed, all over the country that Hughes would
be appointed chief justice to succeed Fuller.; This,
impression continued to prevail up to the moment
I that Justice .White: was named. The program
appears to have been switched,at the last moment.
and Justice ,McKenna, formerly of this state, is
commonly believed to be the; man who prevailed
on Taft to disappoint Hughes. Now the insurgents
count on Hughes': resentment to bring him into line
; as a candidate for the republican nomination against
Taft in 1912. It is a story that; may be taken for
what it is worth; to be tested by the light of subse
quent events. • . . ' ' •
\ JERE LYNCH'S INTERESTING BOOK
I;have been* reading Jere. • Lyneh's .new book,
■'A Senator of the Fifties." If is the*old. story, so
often told, but always* of absorbing interest? relat- ;
ing the fateful history of the turbulent .early days
°fCalifornia and the mortal struggle between
liroderick'and-Gwiri over the sen'atorship that ended
only with the. killing of liroderick -by David S.
Terry in a duel. 'Mr. Lynch masses the evidence
without prejudice and in the sum lit is impossible to
escape the conclusion that the duel was deliberately
arranged and its conditions so fixed sas. to accom
plish the removal of Broderick from politics by
violent* means. " '" .*•-;/
- It is a strange period with . which Mr. Lynch
brings us face to face romantic, turbulent, !tfag-
C ical, bloody and torn by all the "passions that attendl*
'on accursed greed of "gold. • '■-'-.
-. There were giants in .those days. Look at
Stephen, J. Field, for example,*' who withstood aud
outlasted the fierce and bloody minded Terry. Like
others of his period, the Field of those early days
was a reversion to the type of the medieval swash
buckler and pistoller. He seemed to import a sug
gestion of Benvenuto Cellini, with this distinction,
that, the* Italian killed with his own hand while
field put his killing out to hire at the cost of a
benevolent uncle. By such nice gradations of refine
ment do we mark the progress of civilization, yet
we may not avoid the conclusion that when the
death' of Terry was compassed by the hand of
Xagle it was a just retribution according "to the'
ancient dispensation of an eye for an eye.
MIGHT BE A SENATOR FROM PALO ALTO
Lynch tells lan amusing story \of the vicissitu
diriouSj politics of Senator Grcwell of Santa Clara,
who was captured and'rescued. and again captured
by -the opposing factions of Broderick and Gwin.
It was thus:
, . Like the boatman in Dumas' -novel, who had
.conversed with "milady," and. therefore, was no
longer safe," Grewell had met; the banker, and,
therefore, required surveillance. He lived in San
Jose, fifty miles away. A mounted-rider was sent
on relays of speedy steeds to that place. He arrived
'■■■''•at midnight in a. pitiless storm, delaying en route
only to remount. He brought a letter to the self
appointed anti-Broderick guardian of Grewell. The
latter was awakened, placed in a carriage and
driven toward Sacramento. Half way he met
another agent, 7 who received the consignment from
the San Jose cerberus and conveyed it safely to the
headquarters* of the allies. But the suasive elo
quence of the banker was yet potent, for Grewell,
when momentarily unobserved, escaped from his
captors and : rushed to the realms of the enemy,
by whom he was comforted, -cherished and con
fined. ' ,
These events had occupied several days, and
they included the unavailing pursuit of the allied *.
Grewell cavalcade by Broderick forces, who ascer
tained too late the cause of his sudden and mys- V*
terious disappearance from San Jose. -,--*•*■■•'■"■
Grewell was kept like a precious jewel all that
..Sunday in the Broderick refuge for the repentant,
and on Monday, when the session opened, he ap
peared in his seat and voted affirmatively, thus*.
causing a tie. But, as; Paul Jones said, 'the/fight
was only begun. ; Both sides possessed champions*
of resource; artifice and enterprise, and the allies
well knew that if they could recapture Grewell his
uncertain temperament might again be oscillated.
They sent out scouts, who, after quiet but skillful '■",•
researches'over the 'length and breadth of the
town, located the apartment wherein he was har
bored and guarded by a. faithful henchman of
Broderick. But the faithful one was known to be
quite susceptible to agreeable beverages. He was
liberally and quite; unsuspectingly supplied by a
common friend, who nevertheless represented the
There seems to have been rapid conversions' in
those delectable days. ' At the midnight hour," in
. stocking feet and pistol in hand, 'the latest friend
stealthily "opened: the door of the chamber where
Grewell, and his guileless guardian slept. The
: latter still slumbered heavily, but Grewell was
quietly awakened, told to* arise'and go forth. He
did as bidden, and, after a tender, and interesting
conference. with; the "whig leader, Ihe ; entered the
senate at the next session and coolly reversed his
vote of the previous day, ascribing. his altered,
attitude to "telegraphic dispatches" from his con-**
Why, bless your soul, it might be the history of
a senator from Palo Alto with the pistols left out
and-an attack of pneumonia politely and conveni
ently substituted. ;.'■
THE PROFITS OF EASY VIRTUE
The queen of the red mill is having a tempestuous
but T profitable time prancing and can-canning *up
and down the state of California. Last week it was ■
in Los.Angeles and this week «she is here to the
manifest scandal of John Seymour, custodian of our,
municipal morals. Concerning her Los Angeles
experiences the' Herald relates:
.-.,..: That the censuring voices of the pulpits and the
purists form one of thebest advertising mediums
extant" was proved Monday 'night, when .perhaps. -
. the greatest.paid admission throng.in its history,
crowded the Auditorium to see .the opening per
formance of .the much' banned "Queen 1 of the
Moulin Rouge.". * There were - 2,842;■ persons Who
were able"to crowd past the doors and get seats,
while hundreds of others clamored outside for
admission. - It was a throng greater than"any that
ever had been drawn.there before by the lure of
■ grand; opera * that was costing $10,000 * a*"" night to
produce or by stars* of the music and dramatic
world. who had achieved international fame before .
PRURIENT PRUDERY .
I have not seen the:play, but I understand it is
one .of the more or less recently popular -class, of
dramas.'which rely for their attraction on disclosing
the interior of a house, of easy virtue and have,
little else to recommend them. But the play
appears. to have commended itself to the prurient
appetite of. Los sAngeles,vwhere the* park commis
sioners ' have " been: considering the• enforcement of
an order for the segregation of the sexes. Quoting
the Herald again: BBS^HSSsIh&B
-..-; A corps of octogenarians might be employed to
maintain constant.: espionage upon all who * enter,
the park. Under, this plan the iron fence could be'
dispensed with; Persons: who enter the park could
be required to fix their thoughts on-mathematical.
or commercial problems, or the -'president's mes
sage, say. - And an ordinance should be passed at
■ once prohibiting the birds from mating in the
park. Their* cooing , love songs .areAvery! dis
'•tasteful, to sonic, cars, and mO" one can defend them ;'.
on "moral grounds. - And -.the; carrying.of. pollen V
from, one flower to.another should be prohibited "*•--.
by;law. ; It is a highly indelicate performance, to, ;
"say the" leasC : And on moonlight nights the, park-
should be covered with canvas to shut out those
' seductive silvery rays of the wanton moon.
Enforcement,of the order appears to have been
averted only because Commissioner O'Melveny
chanced to overhear/a; conversation in a streetcar,
in which the matter was freely, discussed. ■" By such
accidental diversions may the way of morals be
confused or sidetracked by the length and capacity
of a commissioner's ears.
Modesto made a tenstrike in the advertising way
when it included in its charter a provision for an
aviation field and landings. For example, I find
this editorial in the Chicago Tribune:
. .' MODESTO—CIVIC VIDETTE '
Behold* Modesto. Cal.—vidette of municipal
progress, desolate and unshaven so far in advance- ./;
of the force which has thrown it out as a picket
that communication is and will be impossible;
Modesto. Cal., heroic figure in a solitude, looking ;'
with keen eyes unafraid into the future; 5 Modesto, :
\ with condensed meal. tablets in its cartridge box,
j a hardy, daring civic scout, alone in a realm into
which no other city has entered and of which few
V' :* have 'dreamed.' * * * ':.;
"Visions of the days when men shall fly as they .
now ride in cars," says a dispatch from this lonely
I vidette of progress, "are called up by a provision
in the new charter adopted by the citizens of
Modesto. Power is* given the city to construct
and operate aviation landings as a municipal enter
prise, and it is said that the clause is wide enough '
to authorize the city fathers to conduct aerial
contests' and build aviation parks."
That is enough to make Frank Wiggins. green
with envy. . .'
SOLEMN OFFICIAL NONSENSE '
'The state board of health, or ratHer its secretary,
Dr. William F. Snow, has made a ridiculous com
putation of the commercial and industrial value of
human life in California based on the quite unten
able assumption that every dollar a man earns and
every service he performs is clear gain to the com
munity. The .scope of Doctor Snow's argument
may be gathered from .the following paragraphs
sent out with the imprimatur of the board:
The initial value of the 'recorded crop of 30,828
humans in 1909 was $2,779,280, or v a good half .-":
million more than the total valuation of the hog . :
crop, which was $2,200,000 for the same year. But
while the hog assets represent only '535,000 hogs,,
, for which their owners may eventually receive
$4.10 per animal, the 30,882, humans represent ap
proximately 20,000 workers available for -the in
dustries rof t the .state twenty-; years from now.
•Today's babies are tomorrow's workers.
As the net value of the average human is' esti
mated by the conservation commission at $4,000,
the 20,000 workers'- represent $80,000,000 capital.
The remaining 10,882 females, who will become
workers in homes and mothers ; of.' the next gen- /
\ eration, represent an additional capital of $43,528,- *
•■—ooo. Thus the 1909 crop of humans.represents a* -
potential valuation of $123.528,000—a1m05t - twice */*
the total valuation of California livestock - for
1909, which was, approximately, $70,000,000.
IGNORED THE COST OF PRODUCTION
Now, of course, the value of a human life at
maturity to the community as a whole is represented
by the excess production over consumption due to
: the existence of that life. lam not speaking now
of the innumerable army of tramps, beggars, defect
ives, criminals and the insane, whose lives represent
a large and positive loss to the community. I make
no point, on the presence or absence; of ; the institu
tion known as "a leisure class," which likewise rep
resents a community loss of more or less consider
able character, because such people are able .to"con- •
sume and destroy a large . share of the products
,of, labor. - '
I am willing to concede, for the purposes of argu
ment, that all California babies on arriving at matur
ity will engage in hard and constant labor, earning
more or less in : proportion *to ; their capacity and
consuming their .earnings in;, like proportion. It
should obvious that their value to the community
; lies in their excess production, if any. over con
sumption. That value, of course, is quite consider-,
able among Americans, or otherwise we should
long ago : have been bankrupted by the ; army "-of
defectives" and incapables that humanity compels
us to support, but it is a long way short of Doctor
Snow's computation. The learned doctor: might
with " equal justice - assert that, the livestock; pos
sessions . of, California, estimated at $70,000,000,
represent a clear gain of that sum. ' V
Doctor Snow appears to have been misled by'
some ■ unguarded statements in a report of the
.national conservation committee, which I have not
seen. This commission I see quoted as estimating
the money value of • human life by. capitalizing its
earning power. * \ This": could only be true if human
life were supported on? air and could live without
clothes or cooks, without - doctors or apothecaries
or any of the innumerable needs, that human -flesh
is heir to, and if that were true 'the \ earning power
of a human life would be nil, because there would
be no market for its products. ,v* - • '
Doctor Snow's theory recalls the case lof the two
broom peddlers;•*.;;. , *- * ; ;^; /4" *
"How is it," asked one of the other, "that;you
can undersell *me; on brooms? •* - I steal all * the mate-;
rials, to makei.th'em.";
i> "But I," explained the' other, "steal the ;brooms
ready made." ' '"*-.- X
PAGES 57 TO 64. [