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Supreme Court Jimmies Constitution -^
and Robs People of Their Veto Right
"For the immediate |»rea
rriHiliin of the public peace,
health and safety, or the
•upiiort of the ntate govern
ment, or it* eiistinjt Insti
Head that phrase carefully. It
"s the phrase which legislators
tack onto a bill supposed to be
passed only when a real emer
gency exists-—wnen the legisla
ture needs take the gravest and
NOW WHAT'S TO BECOME OF JITNEYS?
SYRACUSE, April 23.—C01.
Theodore Roosevelt today pic
tured William Barnes as a politi
cal Dr. Jekyll and Mr. H.vde, who
had one code 61 morals for hi»
private dealings and entirely an
other ouo for lils public life.
In his years of political inti
macy with Barnes, said Roose
velt, he had steadfastly endeav
ored to develop the good traits
of Barnes, and to make of him a
iih.Mul. forceful citizen.
I.hi lie declared he had fnlled
and finally had given the whole
matter up as a bad Job.
"Mixes" With lawyer.
On cross examination by Attor
ney Ivlub for Barnes, Roosevelt |
alternately made his points in
vigorous speeches, and engaged
In a spirited verbal exchange**
with his cross-examiner. Then h»
would present his views of Barnra
for the jury's consideration.
How Willlum Hume*
wan llu- most "conspicuous
beneficiary of graft, public
extravagance and the raiding
of the ■■■ 11 -• ■< ipal treasury"
in n-Riird to public printing
by the <i(> of Albany and the
Mime of New York, late yes
terday was reud into the rec
ord of the Harnes-lloosevelt
This charge was made
against him by a legislative
committee several years ago,
and vta.s entered iv the cane
liy Col. Roosevelt in an at
tempt to prove tliat ltarne§
really is a disreputable po
Extracts from this report axe:
That Barnes politically was
lined up with the gambling, vice
and liquor houses of Albany, and
that his political lackeys re
ceived money from these resorts.
That Barnes owned the Albany
Journal, which bad the Inside
track on all matter* of public
printing. The report said that
no strong was the Journal's hold
on public printing that often It
was unable to do all the work
piled on it, and was compelled
to "farm it out" to the Argui, a
competitor. On these assignments,
the Journal made 15 per cent
without doing any of the work.
The report further stated that
Barnes absolutely controlled
printing In the state capital; that
he was owner of one company,
owned one-fourth of another;
and collected tribute from a
third. The report declared that
an employe of the Argus testi
fied that his company customar
ily paid 15 per cent to secure
any state printing.
It was still further stated that
the Argus bid lower than Barnea'
paper, but could not get the busi
ness because Barnes was on the
"Inside." It was said public
printing was padded for the bene
fit of the Journal and that work
was sometimes paid for twice.
By unanimous consent, the city
council today Issued a proclama
tion to automobile owners in Ta
eoma, warning- them that whole
sale atrpHts of speeder*! would oc
. f,u l- limaa^.tff mi. Xkut L'iic'lU 1 wt-
Biie and iiouth Tacoma boule
C'omn.lMioner Woods recently
Improved both roads with gravel.
jiCo iutenda to roll them and
spread oil on them this Rummer.
Speeding automobiles have torn
"4i|> tho roads no badly, lie de
clared today, t*ißt some action
niURi be tatten.
The council decided to put spe
cial speed officers on both boule
vards, and to arreat aiy person,
trnnptrthp of "pull." official
capacity, or prominence, who
promptest steps for the Immedi
ate protection of the public.
Now read the supreme court's
declsiou today in which it hol'ls
that the law "regulating"—real
ly knocking out —Jitney busses,
and the Renk-k bill, which force*
cities to borrow money from
bankers even when they have
plenty of their own and three
other bills even less vital, are
The supreme court holds that
It was so all-fired contrary to the
Obituary, But Of
Whom Is Question
I ItY MXOI-A <;HKKLKY-SMITH.
! COURTHOUSE, SYRACUSE. N. V., April 23.—A political
I obituary is being written In this courtroom. Will It be that of Theo
dore Roosevelt or of William Barnes? The next few days and the 12
xnhinxes in the Jury box now sitting with their two dozen eyes riveted
on Roosevelt will aiiHwer that question.
The colonel, always a practical man, Hits half facing thnt jury,
and there in no doubt that he fascinates It. Juryman No. !>, a car
penter by trade, a progressive In politics, hardly ever takes his ador
ing eyes from the face of his prophet.
When the colonel comes into court In the morning ho Is bowing
and smiling at all the world. His mail is handed to him and ho roadn
It, Ills unusually beautiful hands holding each paper very clow, to Ills
bespectacled eyes. Before court opens he answers a day telegram
telling him of Mrs. Rosevelt's condition. She i.- ill in a hospital in
T. R. PUTS ON FIGHTING FACE
But when the business of the day begins bis exuberance simmers
down. Now he wears HIS FI(iHTIN(i FACE. His close clipped head,
which looks like the projectile of a 4 2-centimeter gun. Is lowered
Into his hunched shoulders whenever either his counsel or one of the
'lawyers for the republican boss refers to the alleged libel for which
Mr. Barnes is suing.
Teddy nods that famous head emphatically, affirmatively, as If
repeating to all the world:
"Yes, 1 said it, nnd I say It once again. And even if It costs me
$50,000 I shall keep on saying it, becaime it's so."
1 believe every single one of those famous i#-«-ih might in- pulled
out and the colonel would still refuse to swallow a single one of those
You should hare situ him when Ivins, chief counsel for Barnes,
road t« the jury the allegation Hint names and Murphy rifle a jtoliti
cal mtsiiii in New York, with the common people mm a tresilr.
That !--< ciitiiii«-(<-.i- Howitzer head nodded so approvingly, no de
And ltoss llarneti, sitting among his counsel at the adjoining
table, saw I lint defiant nod and smiled a slow, cold, sardonic smile.
PICTURE OF BARNES IN COURT
I wish you might have seen that sinister polar smile of Boss
Barnes nt bay. A most Interesting and powerful face has this republi
can boss of New York state. He is very dark, his black hair showing
a fringe of gray about the close set ears.
Ho has a lowering, swooping look, like that of a hawk hovering
over a poultry yard. But that hawk-face is heavy with fat, as though
the hawk had swooped and swallowed a great many time*.
The boss has the face and figure of the man who. has lived
well. Teddy in every look and act and gesture, in his florid com
plexion, bright eyt, quick cat-like motions shows the simple out-door
country life he leads.
i These two men attended the same college, Harvard, though
Teddy was there several yearn before the republican boss. For years
they were friends. It was not until after Barnes had helped in the
second nomination of Taft for the presidency that the colonel discov
ered there was nothing to choose between Barnes and Murphy. Now
the questions to be decided is whether he libeled Barnes by making
public that discovery.
AFTER THE TRIAL, WHAT?
And if a jury decides that It was llbelous to compare Barnes to
Murphy, won't Murphy be able to sue the Jury^for libel? Why not?
All these things have still to be'decided, but the great question
to be answered by the revelations at thin trial--the stories uf secret
alliances and political trades—-is whether Roosevelt shall triumph
and ride on a.new wave of popularity into a third term as president
of the United States and Boss Barnes shall be shorn of his power aud
prestige forever, or whether Barnes shall win and the colonel suffer
the first real knockout of his long career in politics.
REMINDED OF GREELEY TRIAL
The Jury which will decide this great question is a blue-eyed
jury. It s clean shaven, there are only four mustaches among the
12. Its average Is 40. Its most Interesting number Is No. 5, the
progressive carpenter, who sits among his stiff-collared colleagues
In a dark blue flannel shirt.
A very Interesting thing to me about this case Is that one of the
legal precedents which will be cited is the suit for libel brought by
Dewltt C. Littlejohn, speaker of the New York assembly in the late
sixties, against my grandfather, Horace Qreeley. Like. Boh* Barnes,
Littlejohn asserted that his political reputation had been damaged.
The case was tried about 30 miles north of here and Mr. Oreeley
was vindicated. The verdict looks like a precedent to me.
Take Hand In
P"3^fWVVP3 Knter the city
■ fly" crusade.
■S/Tm^M Mayor Fa w-
Hplu'lfll H '•'" announced
SflViyS 81 ills morning
Wr/rl ,R\P2oß tlißt hf either
W/mJV '■W?v'Hwould uppropri-
Vy^^j^B^J it« money from
Wjthe health funda
• ■to aid the cam
■***""™l—"^"(mlim or would.
Hk the oesMil to appropriate ■
The mayor atarted toe cam
paign (his week by issuing •
proclamation asking Tacoma to
take up the swat-the-fly fight,
and he la indußtrteusly following
up bia tight.
"Now i» the time to prevent a
fly menace in Tacoma," said the
mayor today. "If the whool
children of Tacoma will make fly
traps, the city ought to furnish
"I think that I have funds in
my department for the fly-trap
public peace, health and safety
of the state for Jitneys to run
that the people must not be al
lowed to speak their minds on
the subject by referendum.
The court holds that our last
legislature of odorous memory
met a real emergency in state af
fairs when it made a law that
cities must continue to pay trib
ute to money-changers, whether
they really needed to or not.
Therefore, the people cannot re
fer these bills.
The Tacoma Times
VOL. XII. NO. 107. TACOMA. WASH.. XXI DAY, APRIL 23, 1915.
materials. If not. 1 will ask the
council to appropriate money."
The .school board will take up,
through Director Hoyt, a plan to
allow the manual training pupils
to manufacture fly traps and
work as deputy sanitary Inspect
ors for the health department.
t* c=a ~ WttEN A MAN'S MARRIED r- ■ ~
Was ever a decision so obvi
ously out-of-joint, so full of legal
verlage, so devoid of common-,
sense and plain Justice?
Indeed, has ever a similar blow
at the HbertieK of the people of
this state been taken by any
court? Has ever a court so Ig
nored the spirit of the constitu
tion of this state, by which the
people of this commonwealth re
served to themselves the use of
the referendum on all measure*
hey did not approve? When nan
THE ONLY INDEPENDENT NEWSPAPER IN TACOMA..
SEATTLK, April 23. -Stirred
by the exposure of the tubercu
lar milk traffic in Tacowa, 8e
attle today uwoke to these (Mtt:
Sixteen per cent of the
tin fin in liiii^ Scjiitli- witli
milk are Infected witli in
• "II lllllM*.
Approximately Oft |ier <'ent
of tin- milk sold in Scuttle
iiiMirs from mus uhich Imve
not l>< in u-miml for i ii-
Im'l-i iilnsis. l,i"-s Ilian 50
pii- i-i'iit of (111-- milk is
pasteurized to kill tul>er
• nliir m iin-.
Much of this milk is I'd
Mi-.li ::l authorities jihip«>
that v liirni 1 percentage of
lnlwTcn!i(sis <iis,s iiinoiiK
children is caused by tulter
i iil.ir kitiiis iii milk. Some
»ii(!ini hies place ilif i«-r
--centaye n> lit^li Rt 75.
At picsini Uh'ic are 12
little children at the, city
tiilifri uldsls siiiiiiiiiiiiin that
haveii't a chance to get well.
There are many other chil
dren on the li-i naitiiiK for
ailinission to tlie Manitarlum,
which now ii crowded to en*
AM> si.vm.i: mii-K
--MKN CONTINIK TO SOW
TIIIIK IIAUVKST OF
DEATH WITHOI'T INTKK
Mayor Oill and Health Com
missioner Mcßride are putting
the finishing touches on an or
dinance similar to Tucoina's,
which probably will be intro
duced in the council Monday, to
make possible the searching o<tt
and destroying of every cow that
now is aiding In spreading the
"white plague" over the city.
Sight to Make Man Cry*
"1 say without reservation that
this is the biggest thing that has
been attempted since I have,been
mayor," said Mayor Oill today.
"I ha*> spent considerable time
studying the situation, and I
CITY AN OFFER
The Tacoma Railway &'Power
Co. wants to furnish Tacoma
power for emergencies.
Manager Louis Bean of the
street car corporation appeared
before the city council in Mayor
Fawcett's office early today and
made a proposition by which the
city would be saved the expense
of building a $100,000 steam
Here's Bean's offer:
.The T. R. A P. asks the city
to waive last year* decision of
the supreme court, by which the
traction company was forced en
tirely_out__of_the power fJeM In
tlMT'' been another decision so
foiiiiiii-ii by a atreached. unnat
upui and Hiiper-technical construc
tion of the law?
W>T ONLY IS A BAD DBCN
BION MAD 1.; IN TUB CABB OP
TUKSK FIVE HIL.IJ3 RUT A
PRECEDENT Id EBTAHLISHKI)
(FOH ALL MANNER OF Kllt-
THUt JIMMYING WITH THAT
WHICH IS THE PEOPLED
THERE ARE Jl'T TWO
11O\'KB FOR THE PEOPLE OP
Till: STATE TO TAKE:
know inn how dreadful it Ik. If
you could bo out there to Klr
laixls. mid see sonicPof thnne lit
tle children dying, just MridW
tlM\\ were fed on dlncnstnl mllu,
you woulil realize as 1 do tluit
something hits got to lie done. I
tell jou, it's a Hight to make v
Worst Inside City.
The -mayor pointed out that
tlwre urn l.'iOO dHlrymcn within
till' city lltnlta, ini'ludiliK |'Ci's(i;m
who have, siiy, ono or two I'owfl,
and who lUpply only their friendf
or iicigbhorti in addition to Ibelr
"Tlie io where the situation is
tlte'woi'M." he sayi. "If one ijow
In a bif? herd Is tubercular, )i«r
Dtilk is mixed v.iili the rest, and
dihu-il. and the (ianger leßfnurt.
Hu> it' one lone cow i» tubercilar,
tl^fe' danger is a hundred time*
gTrwUer. Many a mother will tell
you she is feeding her child oti
mil 1, from the neighbor's cow,
because it's always fretih, 'and
the smne every day.' But what
If that cow is tubercular?'
Ruling thut the city has a per
fect right to demand pure milk
and to inspect and test cows
■uppbing milk sold in Tacoma,
Police Jiklkc Evans yesterday aft
ernoon threw out the legal tech
nicalities of Attorney Wesley
Lloyd, representing arrexte'l
dairymen, and ordered the men
put on trial. The cattes are up
for I rial this afternoon.
The dalr*yinen who were put on
'"trial today are Anlone Portman,
Frank Triiltraan and Louis
Tlie court room yesterday was
half-filled with dairymen, gath
ered there'lo hear the expected
Ire company then will eDt<>r
into .1 contract not to attempt to
ilake back miy of the electric con
tracts the city- took from it, and
Knaraiitet-s to furnish the city, at
a moment's uotice, 25,000 horse
Mayor Liken Idea.
" t loks like a god propotti
ttgni" Bald Mayor Fawcett, after
tk)« m«etlng. • "If we ran get a
p*T| etual contnwt of this kind,
I a] i willing to a«ree to It. We
c*a compete tor the power buni
u*ot v because the' city can under
att the powar,company, and the
KIRBT: JI'ST (JET IT INTO
THKIR HBAOI THAT IF THKY
LEAVE THKIIt LIBERTIES IT
TO THE BUPRBMB COIRT,
THEY WILL LOSE THEM.
SECOND: THEY MIST TAKK
IP THE KHIHT OK THE RBF
EKENUI'MS WHICH ARK LEFT.
My their own efforts, they must
preserve the very rights of the
initiative, the referendum and
the r«' ;ill from the efforts of the
last Slm»-Davls-McArdlo leglsla
Beach Belle Uses OcUipus As
Wristlet In Weird Sand Dance
Mi-s I) huh Kiio m
LOS ANGKLES, April 23.—
Probably the strangest pet ever
adopted by the shrinking sex is
the little octupus carried by .Miss
Diana Rico, a belle of the beaches
here. Whenever she goes bath
ing or strolling along the Bands
Miss Rico carries the tentacled
mascot wrapped about her wrist.
T. R. & P. cannot undercut its
rates, as filed with the public ser
Bean explained that his com
pany hud* mortgaged its power
franchises to the Old Colony
Trust Co. of yostoii, and that
■ince Ihe supreme court's deci
sion Its security for the mortgages
had hen removed, and It merely
They themselves must strike
down the bill whici\ would reg
ulate, labor-picketing even more
severely than the present rulings
of the courts in injunction cases.
They must defeat the bill to pre
vent the future extension of mu
A useful lesson, that division.
if you look at It aright! It —■1
no one Is to look out for the lib
erties of the people, of thin state
except the people themselves. In
deed, practically nil the state of
ml Her Weird Pet.
This weird creature of the deep
gave Miss Kii-o an inspiration for
a new tango step, "The Dance jf
the Octopus," wliirh created a
sensation when she first stepped
its sinuous figures on the beacb.
When not clinging to the arm
of its mlßtretsß, the baby octopus
creeps about a little tank built
especially for It.
wanted to get the security back
PUYAMAJP, April 23— W. H.
raulhamus, president of the fruit
growers' association, says little
damage has heen done by the
frosts of tbe last nigbt or two.
Strawberry buds were nipped
fUialdom U I merited moat of
the time In dpfeatlpg or ioft-i>e«]
allng popular rlnhti. else we
should be far, far In advaore of
where we are.
SO TAKE THR LESSON. FEO-
I'l.K, AND BTRIKE A BLOW IN
THKSK RKFKKBNDITM PKTI
TIONB THAT WILI. MARK OF
FICIALDOM — LEGISLATORS.
HKCKETARIKS OK STATE AND
SI'PRKMK rOI'RT-KRS WAKE 3
UP TO WHAT YOUR K«AL
TEMPER AND POWER AUK.
With tin" siiprrino >n it
<l ■• Isiou utfaiiiNt ilm-iii, (lie
jit in 1) liiis ill l veil Ih-knii to
learn today Juwt what they
•"••• up liuniiist If they ul-.li
in iniitiiiiiH iv l>usiiir>K.
I list «>f nil, ProKfx'utor
ll.nmini iiiiiiiiiiiKiMl Hint
iioni now on ho would i>«>
<«»• nj»«-lI«-<I to enforce the law.
While it lihn linen peniliiiic
Im-Chi-i- the «ii|ii<-nie court, he
li.ts taken the position that
it sixmiil not take effect.
He Raid today, however,
that all driver* Nliould take
warning that they iiiiinl have
licennrfl mill bond* or they
would Im- arrested.
In Seattle, tiiu street car com
pany hat) employed a number of
detectives to n|iy on the Jitneys.
HtTf, tills plan of open hostility
will not lie undertaken at once, it
was .-iiid at the T. H. * P. Co.
Later, however, the company
might rind Home such steim neo
e.HHary to sell protection, It wa«
Sheriff l.oiiKiniri! b«f[an look-
Idk Into the law carefully, an he
must enforce it without the city
CoMa $105 a Year.
Attorney Dovell, for the Jit
ney men, said that aome of t ii*■ -1
would continue In huilnegft, as for
$100 they can obtain a bond,
while the charge for a state ll
ceune In $5 additional. There was
no doubt In his mind that many
of them would he compelled to
quit driving, he said.
The Tacoma police department
will make no effort to enforce the
Cominlsgloner Mill* noliMed
the city council today that he had
instructed his officers to take no
Will firing an OnUnaiue.
"The city get* no revenue
from jitney busses, therefore J
see no reason why the police de
partment should waate its time
trying to learn whether or not
the jitneys have furnished bond*
for their cars. If the state wants
to enforce the law, let the state
send its inspectors here," said he.
Mills Informed the council alto
that he would Introduce an or.ll
nance Wednesday, May G, regu
lating jitneys. It will limit the
number of persons riding in ;i
jituey and enforce definite routes.
PKTROGRAD, April J3.—Czar
Nicholas arrived today at I.ein
berg en route to the front to In
spect the Russian lines In Qttlt
ciu and the Carpathians.
With this announcement it la
accepted that the Russian forces
are being prepared for the ot
fensive against the Auitriaos and
Germans on the southern front
as aoon as the weather settl«a.
Because of melting snow and
spring rains the campaign In gent
eral remains at a standstill.