davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1911-10-22

reascn-that the Legislature never ad-
icurns. They hold, furthermore, that ore
gon was admitted to the Union upon connl-
tion that its government and constitution
should be republican in form and IN con-
fcrmity with the Constitution OF the United
states: but that the initiative and referen-
dum system is in violation of a republican
form of government, which the Constitution
guarantees to every state
The attorneys for the state will as en-
phaticaIly argue that under the initiative
and referendum method Of legislation the
T, preventative feature Of the old system ot
government still remains. the effect or the
rew method being only to retain in the
mass of electors or voters larger share
: of legislative power than heretofore.
I II will be the first time that the consti-
/ tionalitv of this method of legislation has
/ come before the Supreme Court. The tax
which the telephone and telegraph com
pany seeks TO recover is only the smallest
consideration involved. An adverse de-
| c,slon of the court would turn legislative
matters topsy-,urvy in the other states
which have adopted a law similar To that
OF Oregon Laws already passed under the
system would all be doubtful, II not void
end the confusion would far exceed that
| following the wiping Of the income tax law
/ off the statute books. when hundreds OK
| thousands Of people clamored for the return
of assessments Illegally collected.
Heading the list of counsel TO appear be-
| fore the Supreme Court IN support OF the
initiative and referendum viii be the At
1 pf 4
! 2 Progressive Republican. Associated with
him will be George Fred Williams. former
Representative from Boston. who has been
three times a Democratic candidate for
Governor Of the Bay State; also Jackson
| H. Ralston. Democrat and single taNer'
| Of Washington. who following the Span
ish-Amerlcan War. was counsel At the ma
tional capital for Felipe Agoncillo. repre-
sentative of the Filipino republic. lie VIII
appear I'm the initiative and referendum
case particularly as representative OF tn,
oregon state Grange
The chief spokesman OF the counse
aligned against the disputed system VII
he f. 5. Pillsbury,
Among the interested attorneys withir
tho bar OF the court during the hearings
will be George f. Chamberlain. OF foTt
land who as a result Of this popular
movement" in oregon was, although
Democrat. elected United states Senator by
an unwilling and Overwhelmingly Repuhh
can LEGISLATURE. and his colleague Jon
athan Bourne, the hrst United states sena
tor ever chosen 0y the direct vote
r'ethod. and now president OF the Nationa
Progressive Republican League. Senate
Bourne has ut-Bryaned Bryan in his yea
, for spreading the gospel OF the initiative
, referendum and recall, and has mailed NJ
New-York tribune., 1911-10-22

thus initiated-mieht refer il 10 the voters
for approval or disapproval. The amend
ment also provided that "the veto power or
the Governor shall not extend to measures
referred to the people"
4 law enacted directly by the people. by
tho initiative and referendum system, in
1906. imposed a state license tax of per
cent upon the gross receipts of all express,
telephone and telegraph companies doing
business in Oregon. \ Portland corporation.
known as the Pacific states Telephone and
Telegraph Company. decided to test the con-
stitutionality of the initiative and referen-
dun law and refused to pay SO the state
sued for the $1O.45O claimed Tor the license
tax. and the test suit commenced in the
oregon courts, in which the company has
lost and from which it has appealed to the
tribunal of final jurisdiction, the Supreme
Court Of the United states.
The company claims that the initiative
and referendum system, under which the
tax law was passed, not only violates the
state but the federal Constitution, and il Is
this latter charge that is OF vital interest
10 the public at large, since the decision will
affect every state in which the people by
this new method, take from the Legislature
a part Of it's awmahng powers
The lawyers contesting the initiative ana
referendum scheme claim that it constitutes
as Legislature part Of the voters of ore
gon not elected by the people. whereas the
Constitution Of the United States in nine
different sections implies that the state gov
ernments shall be representative and shall
maintain representative leg gslatures. The
federal Constitution provides that in each
state voters for Representatives in Congress
shall have the qualifications required of vot-
ers for "the most numerous branch Of The
state Legislature" The lawyers fighting the
initiative and referendum scheme claim that
irasmuch as the voters themselves are now
this most numerous branch of the Legis-
lature" in oregon. the new law makes 1t
impossible 10 determine the qualifications
Of voters for members Of the lower house of
Congress.
II is alleged. too. that the oregon scheme
empowers a part of the voters Of the state,
by direct ballot TO deprive the representa-
tive Legislature Of power To consent 10 the
purchase by Congress of places In the state
needed for the erection Of forts magazine.
arsenals. dockyards and other needful build
ings And the Constitution Of the United
states is held 10 be violated further because
the oregon system confers upon part OF the
voters in the state the Legislatures right
ful power-to prescribe the time place and
manner Of holding elections for Senators
and Representatives IN Congress 10 direct
the manner in which the state shall appoint
electors for the election Of President ana
Vice President to consent To the junction
Of the state with other states or parts of
states; 10 apply to the United states for
protection against domestic violence within |
New-York tribune., 1911-10-22
Supreme Court of the United
States VIII Be Asked to
Declare Ii Uncon.
stitutional.

Copyright 1911. by John Elfreth watkins
H~HE much mOOted initiative and REL
erendum." ay which the people OF
II state take the law-making power out
Of the hands Of the Legislature, VIII, within
8 few weeks. be on trial for its life before
the Supreme Court Of the United states
which viii decide whether that new method
Of popular government" shall live or die.
Tens Of millions of people will await the
highest tribunals verdict with an interest
not now bestowed upon any other polucal
issuc. unless it he the tariff. Ten states
have already adopted this direct method OF
government lu more or less limited forms
through constitutional amendment. and N
eight Others the legislatures have submitted
II ass constitutional amendment al
though the people have not yet had time 10
vote upon IT, is is a question wmch Is pe
In thasned over In every city mart anu
crossroads store OF the land. The supreme
Courts decision as 10 whether II shaIl I'VE
o. die as "a method of legislatng for an en-
tire state VIII have a considerable erect
upon the next Presidential campaign
Whether the court Will spare It's neck as
Il did that OF the corporation tax laN' oi
whether IL VIII send it 10 the galo"s' dS
II did the famous income tax law, REMAINS
% be- seen When the hearing begins prop
ably early I'm November legal luminanes Oh
the first magnitude will be aligned on eacr
side within the bar OF the court whlch mas
the final word as 10 what shall or shaH hot
b. the law Of the land.
This great test case comes out OF fort-
land. one, within a few miles Of the nam
let where less than a score OF years ago.
the initiative and referendum combination
a. an instrument for passing state avs
was FIRST agitated before a Farmers Alh~
ance lodge. whence the doctrine-then ne"
70 America-spread through the land At
hrst but a smoUldering ground fire tlat
made little smoke. and then with SKY
"ard burst Of flame that politicians are
Doti feeding and fighting
Nine years ago a majority Of voters OF
oregon adopted an amendment TO theH
Constitution declaring that the people re-
serve 10 themselves power 10 propose laws
and amendments 10 the constitution ana 10
enact or reject the same al the polls, IN
dependent Of the legislative assembly, ana
also reserve power at their own option 10
approve or reject at the polls any act OF
tne legislative ASSEMBLY"
u was enacted that s per cent OF the
leeai voters Of the state might initiate any
az" law by petition and that 5 per cent
"'sht order referendum Of the measure
New-York tribune., 1911-10-22
Ingenious Line of Reasoning
Adopted by Its Enemies
and Their Counsel
Here Set Forth.

speeches on the system 10 millions OF vot,
crs scattered throughout the land.
The outcome OF this important case Will
be watched with nervous anxiety by the
states which with oregon, have already
adopted the initiative and referendum for
certain questions by constitutional amend
ment-South Dakota, which did SO even
four years before Oregon. the pioneer agt-
tator, adopted IT, Montana. which fol-
lowed I'm 1897; oklahoma, Missouri, and Ne
vada, which fell into line during the next
couple of years: Colorado. which, with
Arkansas, has joined the procession in re-
cent months. and California, which. with
in the present month. has Overwhelmingly
adopted these doctrines, along with the
recall and woman suffrage In Maine GER
tain laws can be initiated by 1900 and re-
ferred by lO,oc0 popular votes.
X is believed that an adverse decision
of the Supreme Court would abolish the
initiative and referendum in most. IL not
all, cf these states. whose systems vary
! principally as 20 the percentage OF voters
required to initiate and refer new laws
! directly over the heads OF their legislatures.
| Thus. while I'm Missouri only per cent
OF the voters are required both 10 initiats
| laws and 70 refer them To the people. IN
! Arkansas per cent is requisite To initists
/ and only per cent 10 refer. while IN Okla-
homa are found the highest percentages or
| all-l5 per cent both to initiate ana 10
refer-a proportion so high that 1t Is
/ deemed imperative by the popular move
ment's" partisans In other states.
! In six other states constitutional amend
ments adopting the initiative and refer
! cndum have already been referred TO the
people by the legislatures. but not yet
voted upon, these commonweaiths being
WASHINGTON. Wyoming. North Dakota. Ne
braska. Idaho and Florida-all Western
states except Florida In Utah the system
was approved by the Legislature in 1870.
but has never yet been accepted Dy tina
voters.
Even in Pennsylvania, the keystone oe
the ancient Colonial arch. the initiative and
referendum have been making headway.
Within the present year the judiciary
committees % both houses Of the Legis'
lature have made favorable reports on the
adoption OF the system. But I'm Texas the
initiative and referendum as a feature OF
municipal government. have lately received
a ouietus from the state Supreme Court.
which by unanimous decision has ruled
that. although the system may be consth
utional when used as form OF psuton
It cannot be tina
New-York tribune., 1911-10-22
EvEN PLAYERS MADE WAGERs

Pitchers. shortstops even the captains Of
,oa-,s we're not too exclusive to patronize
.be 1e-t,Dg facilities Of the bar. on their
nav 70 the field before the game players
,,se5 n depost with the bartender such
v.agers on the outcome as they felt they
had a moral right 10 risk in view of their
duty 10 their families. II is now history
that sometimes these players would bet on
the invulnerablity Of the opposite side
The opposite side often won. classic
illustration Of the unlovely possibilities Of
such a system is the case of a pitcher
who was seen TO divide 500 with two of his
able supporters. The money was counted
out before the game on hotel bed. II the
PLAYERS had been less able, perhaps, they
could have been secured for a smaller
amount. bat 500 was their price for throw
ing a deciding game.
To buy a ball player sometimes cost
more than this. A pitcher OF the first rank
Of that day-so rank that in these times Of
sober purity in the pastime such a man
would not he allowed to carry bats to the
railroad station--went TO the mound with
s-W his fgure for turning traitor, in his
trousers pocket. 1t would have been less
embarrassing 10 the pitcher, as events
turned out. if ne had buried the money In
his garden. at least slipped IT under the
front doormat. When the pitcher began
to show signs Of caving in or doing what Is
now described by the sporting writer's as
az Orviue Wright act. somebody placed the
facts Of the case in the managers care.
The manager called the game for min
ute and not stopping TO pick any grass or
do any sidestepping on the way visited the
pitcher in his box. Il just want TO say
said the manager TO the pitcher, merely
loud enough for the pitcher alone to near,
II you lose this game I'll have you un-
dressed in the dressing room and take that
money off you before the whole team.
Every one noticed how much good few
kind words from the manager had done for
his star pitcher at a critical point in the
game The pitcher won the game.
Il was reckless sport in those days 10
bet without first getting wind Of the way
The players especially the stars, were plac-
ing their money. This was in the early Ws.
The game was travelling the pace that Kills.
New-York tribune., 1911-10-22

uEN they say that virtue is its
N own reward they do not refer 10
w baseball. Not necessarily. When
.,,ors merchants. physicians, minister's
ors pa,." professors. chauffeurs, laborers,
a., hovs and chorus girls to the aggre-
On rrr,ber of perhaps forty million pay
sdrssion in the course OF one season 10
tou marks of the United States of
,n,srica. those in charge OF the sport hnd
.na, honesty is remunerative. lucrative
o,b,ne less. in fact. than big paying
Ipasshau harons Of the present day have
.aror,e such because the public believes the
.o,ioral game is conducted on the prin-
~ Of fair field and no favor. They
,ook IN the players as being as true to the
lest of their clubs as the needle to the
.o,e II the public did not believe in the
i,corr,,rtihility Of the players the man
a,eroert would not now be nervous wrecks
's.,,,eb trying 10 find seats for all who
s,anored 10 see the worlds series. "A
.lo,eard checks would not be returned to
,hsir makers in a day merely because they
,,era not sufficiently certified. There would
,. ,o checks Turning an honest penny in
hoenhqlI WOQIQ not mean tHAiAihb q 1NN'NN'
~ million dollars in less than week but
Gov this we'll grounded belief Of the public
,r the simon pure article Of integrity
ar,onr officials and players in their deal
ires with patrons.
baseball did not always bear the charmed
100 that IL now seems 10 possess. A time
,bere was when TO be a professional base
tau r,aver was TO be relegated 10 the rear
= tho nublic regard. Baseball then was
=, excuse for betting. Crooked play fol-
lowed gambling as the night the day.
uor,en did not flock TO ball games then
r,sD the wives and daughters of the play
ers preferred not TO he seen at the ball
Grounds When they did attend a game
tbev applauded in whispers from oehina
The clubhouse door The bar at a ball park
81 ~ he the centre Of interest. Bets
r.ere placed on its slippery surface, and
there the odds. together with various de-
grses of illumination, were collected.
New-York tribune., 1911-10-22

the state; to apply to Congress for a con
yention to propose amendments 10 the fed
eral Constitution and to raufy proposed
amendments, and TO choose Senators in Con-
Eress
1t is charged also tfat the system creates
within the state IA Legislature. or part Of
Legislature. empowered 10 legislate with
crt taxing he oath II Affirmation which the
federal Constitution requires Of state legls-
latcra and without taking the oath Of officc
required by an act Of Congress passed IN
1859.
New-York tribune., 1911-10-22

and combined; been reduced to a science
and business.
The National and American leagues nave
each a president, a secretary and ooard
of directors. as thoroughly equipped az
those of the Sugar Trust. and with ap-
narently. better appreciation of how to
acquire popularity with the public. Merely
from a business standpoint baseball Is en-
titled TO leading place in national atairs'
A commercial institution with an income
OF s0OOo.OOO is regarded as Of noteworthy
Importance in American life. We nave
such an institution in baseball. 1t does a
strictly cash business, and that does not
New-York tribune., 1911-10-22

identity; endure abuse. insult ana even
assault Why he continued, the worst
criminal in the world gets more consldera-
ton and kindness: the umpire, hateo'
abused, insulted. and often hunted, stands
alone with twenty thousand people shout
ing every insult, taunt and vilihcation
known at him. From o'clock In the AFTER
noon until he must
Yes" interrupted Hurst, but kin ye
beat thin hours?'
New-York tribune., 1911-10-22

minimize its popularity among the trade
Take inst one item-that of balls. The
two major leagues pay $500 cash each
week for balls. Some enthusiasts Of the
sport declare that before many years III
stead of forty million persons two ana
three hundred million paid admissions will
he taken at the box offices in TINS country
alone each season. In that case expenses
will go up-the managers will have to buy
more balls.
New-York tribune., 1911-10-22
WOMEN VOTERS USING THE mi
TIATlVE AND REFERENDUM IN
TILE NnEcT

IL a body Of The voters OF oregon CON
etitute themselves a part OF the legislature
tcv-these attorneys want To know-can
they comply with that part OF the Consu-
tution which specifies that state legislatures
shall AZ times take recess since 'heS
are a legislative body, prepared ana en-
powered al all times continuously 10 enact
legIslatcn. they deprive the Governor OF
his power, granted by the Constitution OF
the United states. 90 make temporary ap-
t.ointments 10 the United States Senate dur
ing a recess of the Legislature In other
words. II this legislature never has a
r. cess how can the Governor exercise hiS
constitutional right OF making recess ap-
LDointments2
New-York tribune., 1911-10-22

Of would-be bribe givers was less pro-
nounced. how easily the pitcher might
throw a deciding game! Yet no one be-
lieves a pitcher capable OF other than loyal
hard working effort to advance the fortunes
of his team. The result Is that baseball Is
one Of our most prosperous industries as
well as our national sport II is estimated
that at least forty million persons saw the
games of about fifty baseball leagues this
season Baseball has been systematiZed
New-York tribune., 1911-10-22
RISK OF DETECTION.

tumble the ball Or fail to touch the run
ner by a hairs breadth. The umpire
miaht decide that the runner beat tne @
ball. or the ball beat the runner, by tne
tenth Of a second, and the cloud OF dust
would cover the terror" Of judgment or
New-York tribune., 1911-10-22

The fielder might purposely hur the
bali a little wide, thus forcing the base
man off the bag in order to catch Il;
The runner. sliding, might purposely ta'l
to touch the base by the fraction OF an
inch. The baseman might purposeIy
New-York tribune., 1911-10-22
JACKSON n. RAlSTON.
a leading attorney in the case.
ts1,.,.rt.h, -. E1y,nnd.tor NNasblng,op ,

The federal Constitution also provides
that the Governor of state may apply 10
tho United States for protection against
violence when the Legislature cannot bo
convened But the attorneys fghting the
initiative and referendum maintain that
the Governor handicapped by that scheme
can never apply for such aid, for this same
New-York tribune., 1911-10-22

--ssie. --,e
New-York tribune., 1911-10-22

uEN they say that virtue is It's
M own reward they do not refer &c
wv baseball. Not necessarily. Wher
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16
THE DOCTORS QUESTION
Much Sickness Due &c 6owai Dis
orders.

doctors first question when con.
suited by = patient is. Are your
bowels regular" He knows that q%
per cent of illness is attended with in
active bowels and torpid liver. and
that this condition must Re removed
gently and thoroughly before health
can be restored.
ReXall Orderlies are a positive,
pleasant and safe remedy for consti-
patton and bowel disorders in general.
We are SO certain of their great cura.
tive value that we promise to return
the purchasers money in every case
VIXEN they fail to produce entire salts
faction.
ReXall Orderlies are eaten like
candy, they act quietly, and have
SOOTHING, strengthening, healing in
tiunece on the entire intestinal tract.
They do not purge. grippe, cause nau-
sea. iatuience. excessive lCoseness,
dairrhoea or other annoying effect
The are especially good for children
weak persons or old folks. Two sizes
:3c and Toe. Sold only at oar store
TIE ReXall Store. Andrews
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

Foley Kidney pills contatn in con.
centrated form ihgerdients Of estab-
lished therapeutic value for tie relief
and cure OF all kidney aud hlaGde-
ailments. Foley Kidney Pills are an,
tiseptic. tonic and restorative Re.
fuse sui stitutes Roberts pharmacy
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

business mems lunch at Glynn Cafe
from l. to > O'Clock every day
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

When you want something good to
eat, go TO Cafe Royal.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

Ladies can get their combines
made into pufs or switches tor PC
apiece by ringing phone 5l&.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

Glynn Cafe gives special rates to
REGULAR boarders.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

BUY SLiDEWELL COLLARS AT
LEWIS.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

BUY SLlOEWELL COLLARS AT
LEWIS.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

!NE SLiOEW ELL COLLARS
LEWIS.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

Telephone orders g:vea 9ro:nnt A.
tention at Fearrjngtc1 Qr3- CO.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

Wanted, you to opeN an account
today at Sam Heller's.
The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1911-04-16

The Glynn care ss,9es al, the Ger.
man delicacies.
The Washington times., 1911-03-10
.SK|DD|NG TAX|CAB
H|TSTREE,,3 INJURED
Undertaken and Helper Cut
BY Glass When Chauffeur
Loses Control.

Alfred B. Gawler, of Joseph Gawier's
Sons, undertakers. 1T30 Pennsylvania
avenue northwest, and Frank Joy, an
employe Of the firm, had a narorw es-
cape from serious injury In an automo-
bile accident early today.
They were riding west in Columbia
road In taxicab. on their way to Mr..
Gawler's home, 719 Nineteenth street
northwest, shortly before 2 o'clock, when
the driver lost control of the machine
near the intersection of Kalorama road.
Skidding on the slippery pavement when
the brakes were applied, the taxicab
ran up on the curb and crashed head
on into a tree box. The occupants were
thrown to the bottom OF the cab and
cut by flying glass.
Oscar Vogel, 1873 / street northwest,
the chauffeur. was shaken up and
bruised, but declined hospital treatment
The front of the taxicab was demol-
ished. Vogel said the accident was
caused by the wet pavement. ...
The Washington times., 1911-03-10
DENY FINAL RULING
ON elliott CUSTER
District Commissioners Say
They Are Considering
Charges.

Denying having made final disposition
OF the custer charges against former
policeman Joseph L. elliott, the District
Commissioners today filed in the Dis
trict Supreme Court their answer 10
Gillott's mandamus suit asking an oral
hearing.
The Commissioners say their usual
practice, working for the best admins
tration of affairs, is to review proceed
ings of the Trial Board only upon writ
ten evidence. They say oral arguments
interfere with their other manifold du-
ties and are generally unsatisfactory to
all persons concerned. They declare
their rule to review such cases only
upon the written records is always OBJ
served.
That elliott has the inherent right to
secure an oral hearing is denied by the
Commissioners, who say they are con-
sidering the charges against him care
fully and have not yet passed on his
guilt or innocence.
elliott was ordered dismissed from
the Metropolitan Police force for al
legged circulation of petitions said TO
reflect upon his superiors.