VOL. XXV.
SENATOR OWEN j
FOR RECALL^
Believes Conduct of Judges
Would be Exemplary In
Face of Law.
POPULAR ELECTION IDEA
Favors the Election of Feder-
al Judges With Four
Year Terms.
WASHINGTON, D. C., Aug. I.—Se
vere criticism of the supreme court of
the United States characterized the
.speech of Senator Owen of Oklahoma,
who advocated before the senate yes
terday the adoption of his bill provid
ing for Uie election and recall of fed
eral judges. This bill provides that
any justice of the supreme court or
any judge of any other United States
«ourt shall be subject to recall by a
resolution of congress; that all dis
trict and circuit judges of the United
Slates shall be elected by the voters
of the district or circuit, and that their
tenure of office shal lbe four years.
Answering the contention of oppon
ents of the recall of judges that the
electorate would not be so conserva
tive in the exercise of the power of
recall as would the national legisla
ture or the state legislatures, Sena
tor Owen said that the electorate of
the American states is abundantly
conservative and moves more slowly
than its progressive representatives
would move. The people, he maintain
ed, have been trained to give the ben
efit of the doubt to any one assailed
and, when in doubt, they will always
vote no.
Never during the 10 years that the
right of recall has existe'd in Oregon,
naid the speaker, have the people
availed themselves of It against a
judge, "although there is one case
pending there which undoubtedly will
be decided wisely by the people."
The reactionary tory argument that
the people are turbulent, wild and vis
it nary, unduly passionate, comprising
an irresponsible mob not fit for pow
er, was held by the speaker to come
with poor grace from those who hold
their honors, dignities and salaries
from the same people.
Popular Election Idea.
Stress was laid upon the popular
sentiment that senators should be
chosen by direct vote of the people.
The senator held that if the people
have intelligence enough to elect sen
ators and members of the house they
would not be lacking in that quality
i' it should come to the election or re
call of a judge.
"If the power of recall exists,"
Senator Owen said, "the conduct of
ji'dges will be so exemplary, so satis
factory to the people of the United
States that no recall of any federal
judge would ever be necessary. The
moment the recall went into effect the
courts would promptly discontinue
tl.eir unauthorized, unconstitutional
and grossly improper conduct of de
claring an act of congress unconsitu
tional. The federal courts would no
longer, because of their views of pub
lic policy, amend acts of congress bv
inserting words in important statues
which congress had refused to insert,
a= the supreme court did in the Stan
dard Oil case and in the Tobacco
Trust cases."
The recall, the senator argued, is
justified by reason and by common
sense. He could not see why any
one should insist that a Judge, infirm,
disabled, feeble, decrepit and worn out,
should not be recalled except by im
peachment.
The recall, he maintained, is a much
milder system than impeachment, and
may remove a judge without disgrace.
Says Act Has Been Perverted
Criticising the courts, the speaker
sr.id that the 14th amendment intend
ed to protect the negro, has been twist
ed from its purpose to protect the
trusts and monopolies in imposing
long hours of labor upon employes on
the absurd theory that to deny the
employe the right to work long hours
is a denial of his constitutional "pri
vileges."
The speaker dwelt upon the declara
tion of the United States supreme
court that the income tax law of some
IP years ago was unconstitutional.
"The decision in this case," said the
senator, "by the vote of one judge—
ABERDEEN HERALD
of one lawyer in this court, appoint
ed at whose instance we ilo not know
—has cost the poorer people of the
United States a hundred millions a
year for over 18 years, $1,600,000,000
in all, and relieved those best able to
bear the tax of a like rimount. What
better evidence could be afforded of
the patience, forbearance and conser
vatism of the people than that they
have so long borne patiently with such
a decision?"
STATE PRESS
ASSOCIATION
Editors of the State Gather
On Gray's Harbor
Today.
their wives arrived at Hoquiam 011 the
noon train today to attend the twen
ty-fifth annual session of the Wash
ington State Press Association, which
began this afternoon at Hoquiam. The
committee of local editors of the
Grays Harbor cities completed the
program of entertainment yesterday,
and the commercial organizations of
Aberdeen and Hoquiam will assist in
making the time pleasant for the visit
ing editors. This evening, the visi
tors will be entertained at dinner at
the Grayport hotel, Hoquiam, by the
Commercial club, and later will be
given an auto ride up the ChehalU
valley.
Friday morning the business ses
sion will be held in Hoquiam, after
which the guests will come to Aber
deen to be entertained at a dinner at
the Hotel Washington, after which a
theater party and auto ride will be
tendered the visitors.
Free transportation will be given
the visitors on the street railway cars
and Manager Thornton stated that he
would provide a special car to take
the people over his line, if they de
sired such a trip.
Friday, George A. Lee, chairman of
the Industrial Insurance commission
of the state will address the conven
tion on the Workmen's Compensation
act as pertaining to the printing busi
ness.
Saturday morning the crowd will
leave in special coaches for Pacific
beach, where they wil spend the day.
At 8 o'clock a shore dinner will be
served at the Pacific hotel.
A dramatic scene entitled "The
Black Hand" by E E. Beard, J. A.
Hazelton, will be given at 9:30 and
at 10 o'clock a barn dance will be
next on the program. The Emerson
home will be thrown open to the visi
tors and a public reception will be
held.
A special trai:i will leave the beach
at 12:3 D to bvins the crowd back to
Ihe harbc:'.
Unions cf Aberdeen and Hoquiam
Preparing for Joint Celebration
in Aberdeen
Labor Day, September 4, will be
jointly celebrated by Aberdeen and
Hoquiam this year, the parade and
program being held in Aberdeen, and
the afternoon sports program at Elec
tric park. This announcement was
made Tuesday after a meeting of
the committees appointed from the
Central Councils of the two cities.
The chairman of most of the com
mittees have been appointed and in
some the personnel has been com
plete but the announcements have not
been made as yet.
As outlined now, tlie day's celebra
tion will start with a parade 011 the
principal street# of Aberdeen, start
ing at 0:30 a. m. Following this there
will be a meeting at the Grand theater
Aberdeen, at which Charles It. Case,
president of the State Federation of
Labor, will be the principal speaker.
This part of the program is set for
11 o'clock.
At 1:30 p. m. at Electric park the
band concert will begin. Following
this there will be a ball game between
picked union teams of Aberdeen and
Hoquiam, in turn followed by other
sports. There will be dancing in the
afternoon at the pavilion, and at night
a» the pavilion the grand ball will be
given. Thus far the arrangements for
the decorations of the pavillion for
the ball have not been made, but they
will be in the hands of the Electri
cians' union.
About fifty editors of the stale, and
LABOR DAY PROGRAM
SEMI-WEEKLY
ABERDEEN, WASHINGTON THURSDAY AUGUST 3, 1911
LENTEN SEASON—FOR ALL BUT THE POLITICIANS.
Satan: "Believe me, you couldn't make that bunch hear you with 4 cannon. 1
—Thorndike in Baltimore Amerioan.
WEEKLY MEETING
CITY FATHERS
Ordinance Introduced to Con
fine Soap Box Orators to
Certain Streets.
ATT'Y. HOGAN RESIGNS
Must Change Ward Lines.
May Buy Auto Fire
Engine.
City Attorney John C. Hogan, who
has been acting as the city's advisor
ever since the resignation of A. M.
Wade early in 1910, resigned last
night and his resignation was accept
ed by the city council. Mr. Hogan
gave as a reason for his action, stress
of business. It is said that the re
fusal of the council to appoint an
assistant city attorney was also a
reason.
An ordinance regulating the dis
trict where street speakers can hold
forth was introduced. This follows
the recent activities in this city of
the I. W. W. The ordinance pro
vides that street speakers shall con
fine themselves to I street between
Hume and River streets and Broad
way between Hume and River streets.
The council considered the pur
chase of a combination auto fire ap
paratus. The city is now in need
of more fire apparatus, and it. is pro
posed to get an auto truck when the
purchase is made.
Must Re-District City.
It will be necessary to re-district
the city. The law provides that
there shall be but 250 voters in each
precinct. Aberdeen, with its twelve
precincts, has outgrown this. A com
mittee composed of one councilman
from each ward, was appointed by
Mayor Parks to take the matter up.
Councilman R. J. Hilts of the
Fourth ward, asked that the ex
penditure of $700 by the police de
partment a year ago be investigated.
Councilman Hilts also spoke to the
effect that there is too large a police
force. The finance and police com
mittees were instructed to investi
gate Hilts' charges and report.
Councilman Elder asked that a
purchasing agent be appointed as he
has not time to attend to this part
of the work, being kept busy with
the auditing.
Mayor Parks took occasion to repri
mand Councilmen Hilts and Miles for
certain statements concerning the po
lice department which Parks consid
ered to be exaggerated.
C. C. Quackenbush appeared before
the council and asked for certain priv
ileges in connection with the holding
of the Chehalis county fair in Ab
erdeen this fall.
An epitome of all the news of Gray»
Harbor may always be found In tb*
Herald.
THE COUNTY
COMMISSIONERS
Appropriate Three Hundred
Dollars For Chehalis
County Fair.
MINUTES OF SESSION
Nobody Wants the Old Court
House. Number of Tax
Rebates Made.
t
The Board of County Commission
ers of Chehalis County, Washington,
met at the Court house in Montesano
on Tuesday, August 1, 1911, at 9 a.
m. Present: Commissioners Hopkins
and Wilson. Clerk, W. D. Campbell.
The plat of Lewisdale was examin
ed and approved.
County Superintendent X. D. Mc-
Killip, filed a certificate, transferring
from School District No. 16 to Con
solidated School District No. 106, of
the E'/ 2 of section 14-18-5
Ordered that the Auditor draw a
warrant on the road and bridge fund
in the sum of $300.00, payable to Hen
ry Rosmond, in payment for a right
of way for a county road 30 and 40
feet in width, over, across and through
the SE'/i of SW% of NE of sec
tion C-17-T.
The Auditor is directed to call for
bids for the furnishing of window
shades for the new court house. Bids
to be received up to September 4.
Ordered that the Treasurer transfer
the sum of »200.00 from the Current
Expense fund and place same to the
credit of the Institute fund.
Ordered that Paul S. Gilford be,
and he hereby is, appointed Justice
of the Peace at West port Precinct.
A letter was received from Bridges
& Bruener, attorneys for the Inter
national Contract Co., in which they
presented a claim for extras on ac
count of the construction of the Johns
River bridge. Referred to the county
attorney and county engineer.
Ordered that $300.00 be appropriat
ed out of the current expense fund
for the purpose of gathering exhibits
for the Chehalis County fair. The
Auditor is hereby authorized to draw
a warrant in the above amount, pay
able to the Treasurer of the Fair as
sociation, upon the receipt of a prop
er voucher therefor. It being the un
derstanding that receipts shall be
taken for all amounts expended out
of said appropriation, which said re
ceipts shall be filed with the Board.
No bids having been received for
the purchase and removal of the old
court house and jail buildings, it is
ordered that the auditor re-advertise
for bids, the same to be opened Sept.
4.
The County Superintendent filed a
report showing the names of all de
fective youth residing in the county.
Ordered that the Treasurer make
the following rebates of taxes to the
persons indicated:
A. S. lloonan, West Knd add to Ab
erdeen, lots 1 to 4 inc. In block 14,
1910, 1 ft; H. N\ Anderson estate,
Si/2 of SWy 4 , sec 21-20-12, SEVi of
SWVi section 21-20-12, 1908, 1909,
$33.40 and $28.70 respectively; E. P.
Bagshaw, Tax No. 14, sec 30-16-4, 1908,
67 cents; Walter Shaw, SM> of lots
1 and 2 block 3, Karr's Garden add.
to Hoquiam, 1910, $1.83.
(Continued to Page 8.)
WRECK OF
SAN JACINTO
Aberdeen Chamber of Com
erce Calls fo Investiga
tion of Cause.
For the purpose of establishing the
fact that the port of Grays Harbor
and incidentally the conditions north
of the north and south jetties were not
responsible for the wreck last Friday
of the steamer San Jacinto, the Aber
deen chamber of Commerce will ask
that a detailed account of the wreck
be given by the government and that
the conditions of the harbor at pres
ent be made known to shippers on the
Pacific Coast.
During the luncheon of the chamber
of commerce Tuesday the matter of
establishing the perfect safety of the
harbor was taken up and Secretary
Dudley G. Allen was authorized to
communicate with the authorities at
Seattle to get a detailed statement of
the wreck.
As near as can be established, the
steamer was breasting a rough sea,
but no excuse it is believed can be
made by the captain for striking the
jetty. Other steamers passed out
safely at the same time.
Fog Blamed for Wreck.
Heavy and drifting fog which made
it impossible much of the time to see
buoys marking the channel is given
by Captain Carlson and others as the
cau&e of the wrecking of his ship.
The San Jacinto and the Santa Mon
ica were going out at the same time,
one ahead part of the time, and the
other ahead at other times.
"I would certainly never have at
tempted to cross the bar in a fog,
and was not intending to do so," said
Captain Carlson last night. "I do not
believe that any captain would. When
the San Jacinto struck we had already
dropped anchor and had five fathoms
of water on both sides. We had our
anchor out for several minutes and
I believed we were safe.
Steamer is Anchored.
"There was a heavy fog and part
of the time we missed the buoys. We
passed the bell buoy all right, and I
wanted to pick No. 1 black. The Santa
Monica was close by and was also
looking for the buoy. Finally when I
thought we were about in the location
of the buoy, I ordered the mate to
take a sounding. This showed five
fathoms of water and I ordered the
anchor out. We let go our anchor
and had five fathoms on both sides.
Probably five minutes later the ship
swung over and struck the rocks. That
i . about all there is to it. It is impos
sible to tell anything about the cur
rents, and one of these is what car
ried me over onto the jetty, after we
had anchored."
BIG NAIL RALLY
Sunday, Aug. 6, at the Christian
church, Third and L streets, the Bible
School will have a big "Nail Rally,"
Every one under fifteen is to bring a
nail, tack, screw or spike, either
bright or rusty. The pastor will bring
a nice magnet and speak on "Nails
and the Magnet." This talk will be
just after the Sunday School. The aim
is to have 150 present ar this rally.
Will you be there? Evening subject
at 8:00 o'clock, "Eve's Dialogue With
the Devil," an unusual subject. Young
People's meeting at 7 p. m. This is
a home-like church. Come. Marion F.
Horn, minister.
HOGAN- ACRET
The marrage of George Edward
Acref, a Portland business man, and
Miss Katharyn Lvle Hogan, daughter
of City Attorney J. C. Hogan, of Aber
deen, took place Tuesday morning at
the home of the bride's parents, 602
North G street. Only immediate rela
tives of the family were present. Af
ter the ceremony the bride and groom
left for Portland where they will
make their home.
COALITION
BILL PASSES
Democratic Free List Bill Is
Amended and Passed
By Senate
UPTOTAFT SOON
The Bill as Passed By House
Defeated By A Tie
Vote.
WASHINGTON, D. C„ Aug. I.—The
democratic tariff program was moved
up closer to President Taft today when
the senate, by another remarkable
coalition of democrats and republican
insurgents, passed a farmers' free list
bill after voting down the original
hf.use measure so closely that one
more democratic senator would have
changed the result and left the en-
tire revision squarely before the presi
dent tonight. The bill now goes back
to the house and Democratic Leader
I'nderwood of that obdy, tonight con-
fidently asserted it would be finally
agreed 10 in conference between the
tvo houses and sent to President
Taft.
It is not certain that the house will
i sist on a conference for many promi
nent democrats who believe the bill
has not been materially changed, are
urging that the house adopt the sen
ate bill without controversy and rush
the first tariff measure up to the presi
dent.
Had Senator Bailey of Texas, voted
with his democratic brethren, or had
Governor Hoke Smith, of Georgia,
senator-elect from that state, been on
hand and voted with his party, the
free list bill would have passed the
senate unchanged. Bailey announced
last night he hoped the privileges of
casting the deciding vote would fall
with him in order to show his opposi
tion. Smith has insisted all along he
could not leave Georga at this time
to assume his seat in the senate.
The house free list bill was beatea
on a tie vote 39 to 39. This was then
reconsidered and changed by a com
promise amended offered by Kern and
passed as amended by a vote of 48 to
30. Originally the bill provided that
meat products, flour and cereal prod
ucts from all countries should be ad
mitted free into the United States.
Kern's amendment provides this free
admission shall apply only to coun
tries with which the United States
has reciprical trade agreements, and
which shall admit from the United
Slates free of duty corn, wheat, oats,
horses, cattle and hogs. It is admit
ted this provision applies only to
Canada, after the new reciprocity
agreement shall have become effective.
liailev and Clapp and other insurg
ents who voted for the free list bill
after the Kern amendment had been
adopted, declared tonight the amend
ment accomplished what they tried to
effect by amendments to the reciproc
ity bill. It admits manufactured arti
cles made from farm products free
from the Canadian end. which the in
surgents repeatedly tried to gain in
the reciprocity fight.
If Taft vetoes this bill and the wool
tariff bill, both of which it is as
serted will be sent to him, the demo
cratic leaders of the house will make
no further effort at tariff revision this
s-ession, but will continue the prepara
tion of tariff bills for the regular ses
sion in December. If he signs either
measure, the whole tariff program of
the democrats *vould be opened up and
congress remain in session. Demo
cratic Leader Underwood made this
apsertion tonight.
PLEASANT RECEPTION.
A very pleasant reception was given
in the Baptist church Tuesday evening
ir honor of fifty-six new members who
have recently been taken into the
church. Rev. F. K. Van Tassel gave
the opening address and a most pleas
ing program was rendered.
NEW SCHOOL FOR MOCLIPS
Plans drawn by Architect Troutman
have been accepted by the school
trustees of Moclips for a new concrete
school building to cost 16,000. It will
take the place of the building destroy
ed by the storm of last winter, which
also demolished the big summer hotel.
NUMBER 91