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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 tutions." 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 SWAT NOW WHAT'S TO BECOME OF JITNEYS? CHARGES BARNES GRAFTED 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 libel trial. 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 litical boss. 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. Padded Amounts. 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. SPEEDER BEWARE! 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 vards. 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 emergency measures. The supreme court holds that It was so all-fired contrary to the Write Political 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 New York. 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 word*. 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 fiantly. 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. Mayor Will Take Hand In Fly Campaign P"3^fWVVP3 Knter the city th« "Hwat-the ■ 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 ■ r«a»onable aum. 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 the materials. "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 30c A MONTH 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.. SEATTLE OPENS BATTLE AGAINST DISEASED MILK 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 tn children. 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* parity. AM> si.vm.i: mii-K --MKN CONTINIK TO SOW TIIIIK IIAUVKST OF DEATH WITHOI'T INTKK KIPTION. 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 T.R.&P. MAKES 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 auxiliary system. 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 nwtu cry." 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 own table. "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?' Dairymen On Trial Today! 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 Schocnhachler. Tlie court room yesterday was half-filled with dairymen, gath ered there'lo hear the expected trials. Taopnia. 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 pa rattes. 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 ture. 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 vice commission." 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 nicipal ownership. 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 HOME EDITION 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 again. 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 nlightly. 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. WEATHER Tacoma: Fair. State: Fair. COUNTY TO ACT; CITY NOT 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« added. Sheriff l.oiiKiniri! b«f[an look- Idk Into the law carefully, an he must enforce it without the city limits. 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 law. Cominlsgloner Mill* noliMed the city council today that he had instructed his officers to take no action. 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. CZARREADY 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.