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THE STAR--MONDAY, JANUARY 15, 1912. Osgar’s Diplomacy--Peace Pact’'Between Adolf and Skygack Words by F Music by Condo DERE S—— Dor ine voT I UKE wo Sde DON'D FORGET, CHemTLE MEN, YOu HAF NoW RatirieD iT} IAM ON W iss au wRova, Id iso OME, ADOLE BE A te § ASIN. WAY, Tce Adore und CHENTCENAN, ALDovern He ID 1898 ABROGATED, 0. $Y ROGATS ABROGATED!! e Miy MR, SKYGACK 193 4 SCENTIOT BILL” AILLE (By United Press Leased Wire) STOCKTON, Cal., Jan, 15.—Wm. Newman, known as “Diamond Bill" Newman, was shot and killed in the Hoffman cafe, of whieh he was pro prietor, here early today by a mask- The murderer escaped $500 diamond ring and his $750 diamond stud. About $300 in the till was untouched. Newman was just preparing to close his saloon. His bartender had gone outside to close the tron gratings over the windows. New man was standing behind the bar, counting his cash, and five men were seated in a rear room playing cards, The robber entered from the front, with a pistol In each} _ hand. He backed Newman from |s behind the bar into the rear room, when one of the card players open ed a sliding door which separates the card room from the bar. All Were Surprised, Surprised at seeing Newman with his hands in the air and the man with the revolvers, the card players started to run. The hold- up man was equally surprised, for he evidently thought Newman was the only man in the place. He fired four shots, one of which pierced Newman's heart, killing him In stantly. Escapes in Fog. The robber ran from the place and was chased for several blocks by & policeman, who fired several shots at him. Others took up the chase, but after a run of three blocks, the fugitive made his get away under cover of the dense fox. ‘The robber is described as 5 feet, ¢ or 7 inches tall, and of slender build. CHOOWER THAYER IS RESC EUREKA, Cal., Jan. 15.—Wire- legs messages from Table Bluff to Gay said the schooner C. A. Thayer has been picked up by the steamer J. B. Stetson, and is being towed south, waterlogged, and with her pumps out of commission. LIABILITY LAW CONSTITUTIONAL WASHINGTON, Jan. United States supreme court today declared the employers’ liability law passed in 1908 to be constitu. ‘The opinion was delivered by Jue Vandevanter. .| policy, & power ui today. Several others were |. The escaping party was ered roof of the and surrounded by troops, firing on them. Owing archist conspiracies, the military and forts are overcrowded with royalist prisoners. “FREEZUM” CASES ARE DISMISSED While agreeing that there should De a test case in the supreme court Ss to whether freezum ts injurious as & meat preservative, Deputy ‘ White nevertheless dis- the cases against Henry r, Adam Nietzel, George and 3. 0. Havick, Ms had fined an aggregate sum of $500 stice court about two years ii i the ju: go. White will take an on one the freezum cases still remain- on the calendar. One of the ap- from the justice court result- ed in @ failure of the state to show that freezum was injurious when it came to trial {n the superior court. AGENT SUES HILLMAN Now comes S. B. Smith, one of C. D. Hillman’s agents, and brings suit against the millionaire real es- tate man who faces a term in the federal penitentiary. Sniith is suing for $4,969.33 commissions on land sales. Smith is the assignee for nine salesmen, who claim that they were paid only part of their com- missions on each sale sued for. SALT LAKE CITY, Utah, —The disappearance of Chas. H. Reagan, wealthy saloon keeper, was solved today by the finding of his body, frozen stiff, on the outskirts of the city. Dance at Dreamland tonight. °** ‘The Bxten Octagon Spluning’s el ysele of iuning’s clean-up sale offer ou the best values In the United tates. You can bring a few dol- lars cr a few hundred and make more legitimate money buying our undervalued merchandise than you can in any other way. Any one who bas a store or wants to start one will save from 50 to 76 cents on the dollar, Parties can buy here and sell from houre to house and make more money than they can at thelr regular vocation. 65¢ Extra Quality Fro rom Inverted Gas Shade 8c je Faney Etched Inverted Gas Shade . és 96 it Hammond Lathing Hate $2.28 and $4.00 Tinner Si, 40¢ 14-In. Rubber Floo @acn ODDeR, Dey SnoULT BE FRIGNTS. 1 Must Hop Go ON. UND SCHOLAR, = REMENBER, LOOK AS INHUMAN To HIM Ad Doe’ YO You. I VANT TO BE ON GooT TERMS, MR. SKY@ACK SHOUCT 183 FROM ANODDER WORLT, | [5 NOD Be ene! ked for by ex-President Roosevelt, in a sensational article, “Jude id Progress,” appearing as an editorial, copyright, 1912, in the current issue of the Outlook. Unless such referendum is granted, Roosevelt pelieves, the time will come when the hands of the courts will be tied by popular demand | and their power to pass upon the legality of an enacted law will be taken from them. That the courts should decide points raised under a law, but should not have the right to kill the Iaw itself, unless it be so fagrant a viola tion of the constitution as to be incapable of argument, is his belief, “Experience during the past 25 years has shown that the people may be aroused to sound and high thinking, and their legiastative and executive officers may show the intention of carrying out the people’ . .| purpose, AND YET THAT THE WHOLE MOVEMENT. FOR GOOD MAY COME TO NAUGHT, AND FESTERING WRONG AND INJUSTICE BE PERPETUATED, BEC. CERTAIN JUDGES, CEATAIN COURT: ARE STEEPED IN SOME OUTWORN POLITICAL OR SOCIA! HILOSOPHY, AND TOTALLY MISAPPREHEND THEIR RE- LATIONS TO THE PEOPLE AND TO THE PUBLIC NEEDS, POINTS TO CRITICISM OF LINCOLN. Roosevelt declares he has the highest respect for the jr lary as & body, holding that the attitude of the people toward the courts shouid be that of appreciation and respect, “but apt of servility.” He adds that in criticising the decisions of judges he does © only by applying the erjth cisma of famous jurists, “t have never taken,” he says, “a position in advance of Abraham Lincoln * * * * who said “ ‘lf the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decision of the supreme court, the instant they are made, in ordinary litigation between parties in per- sonal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.’ ” In no other nation, Roosevelt declares, have judges the power to negative legisiation, quoting an English bishop, who said: “Whoever hath an absolute authority to interpret any written or spoken laws, ft is he who truly is the lawgiver to all intents apd purposes, and not the person who first wrote or spoke it.” WITHDRAWAL OF POWER TO FOLLOW ABUSE. The expresident declares it is wise to give judges the power of judicial interpretations of statutes to see whether they conform with the fundamental law of the land, but that this power, if abused, is sure to lead to withdrawal. “IT am speaking,” he says, “of the peculiar function of the American Judge, the function of no otber judge in the world, the function of de claring whether or not the people bave the right to make laws for them selves on matters which they deem of vital concern. * Lam speaking of the fudge when, by virtue of bis position, he declares that the people as a whole have or have not the right to carry out « given ich may give one man, or three men, or five men the right to nullify the wishes of the enormous majority of their ninety mil lion fellow citizens,” In such courses, Roosevelt declares, judges are peculiarly unfitted to act. LEGAL TRAINING OFTEN DISQUALIFIES MIND. “Why is a judge able to decide ordinary jawauits? Because he knows something of the actual life out of which they arise. A rate cane, or a trust case (or a case involving euch a subject as workmen's compensa tion or excessive hours of labor) is a problem ‘in administrative states. manship. The training of the law not only falls to ald in its decision, but, in fact, disqualifies a judge for such work. He is constantly attempting to apply to it rules which were devised for controversies between man man. Roosevelt then shows how the supreme court of New York Killed the workmen's compensation law and laws governing tenement houses, as unconstitutional, “decisions that were blows,” he says, “to decent citizenship, to the effort to achieve genuine reform, genuine betterment of social conditions, of so severe a nature that its mischievous effects can hardly be overestimated.” This court also killed a law making 9 p. m. the latest hour a woman might be employed. Some of these laws were declared unconstitutional by a vote of 5 to 4. Roosevelt declares emphatically that he does not question the In tegrity of the court which killed these jaws, and adds “I hold that If a majority of the people, after due deliberation, decide to champion such social and economic reforms, they have a right to sec them enacted into law and become a part of our settled governmental policy.” H ROPOSAL FOR JUDICIAL REFERENDUM. “Let the te courts first decide,” he says. “Unquestionably such decision will carry great weight with the people; and certainly in no case will they lightly on lonly overturn it. But secure to them the right, if they so desire it, in any given case, to vote finally as to whether or not the decision is to be accepted as binding. In order to secure ample ad ditional time for debate, provisions could be made that such vote should not be taken within, say, six months of the decision. “Then, if the people vote to sustain the decision, well and good; if they vote against it, then their action shall be accepted as that of the ultimate court of appeal, and shall be binding on all state judges (until, or unless, of course, the supreme court of the nation acts in the case, if it be one affecting the national constitution.) “What I have advocated is not revolution. It is not wild radicall It is the highest and wisest kind of conservatism. Schumann-Heink Prefers Her 8 Children to Hubby; Wants Divorce ST. LOUIS, Jan. 15.—Mme. Schumann-Heink, the singer, is to sue her young husband, Wm. Rapp, for divorce. It will be a scandalless sensation, the reason for the suit being principally because she chooses her eight children rather than the man. Rapp is 12 years the diva's junior. They have been separated for some time. “I have not a word to say against Mr: Rapp,” said Mme. Schumann Heink today. “He is a gentleman and is cultured and refined, But it ts best that he go his way and I mine. He is in New York, | am on the road singing. 1 am singing for my children, for I have given my life to them. Mr. Rapp thought I did more for my children than I did for him, He thought I gave them more. I presume he was right. But there were no quarrels—no ugly words.” diss a (By United Presa Leased Wire) (department of the super court, LOS ANGELES, Jan. 13—Argu-| Franklin and his counsel refused ments on a motion to set aside the today to discu further a rumor informations against Bert H. Frank-| that Franklin would plead guilty to Un, accused of bribiag and attempt- the charges against him and receive ing to bribe jurors in the McNamara a nominal sentence, after which he case, will be heard next Wednes-|would appear before the grand day. The day was set when Frank- juries investigating the alleged lin appeared today in Judge Willis’ | dynamiting conspiracy, rts PLEAD GUILT IT DOESN'T | HURT A BIT UNION CUT RATE DENTISTS THIRD AND PIKE, Entrance 305! Pike. ~.lver All Work Painless, Guaranteed Fifteen Year: Nothing but the best of materials used; work perform, graduate dentists who have every modern apparatua to perform py jentistry. Platinae Fillings .80¢ to 50 | Full Plates, . Gold Alloy Fillings ..@1.00 to Fancy Sets es $8.00' “ana” BEAMINATION AND BSTIMATES FREE LADY ATTENDANTS A TREATY OF, ro Peace, ) You TEDDY’S LATEST MASTERPIECE—“THE UNJUST JUDGE.” PORTLAND, Or., Jan. 15.—The most unique polit- ical organization in Oregon made its bow to the public today as the “Men’s Equal Suffrage club,” with W. M. Davis as its president. The club was organized for the purpose of securing the ballot for the women in Oregon, the only state on the Pacific coast where women cannot vate. Each member of the club must pledge himself to vote for any woman suffrage amendment that is offered at the next election, E a Soe. deliver an address tomor. ialist to Speak =i NEW MEXICO’S FIRST GOVERNOR {By Waites Prose Leased Wire SANTA FE, N. Mex, Jan. 16.— W. C. MeDonald, the first governor to be elected by the people of New Mexico, was inaugurated at noon today in the hall of representatives here. Thousand of visitors from every section of the Southwest wit- neased the ceremony Immediately after the oath administered there was a military parade which was viewed by thou. 4 row evening at the club rooms on | ¢ands of spectators. The most bril- to Commercial Club jour Reiation to Labor From a fiant affair in connection with the M. B. Leites, a local cigar whole-| Commercial and Social Standpoin saler, will have the distinction of Leite has been # resident of Se. "inaugural ceremonies, a reception and ball, will take place tonight in being one of the few soctaliste who attle for 16 years, and has taken a| the governor's palace here, which ever received an invitation to speak | prominent part in advancing the so | has been the seat of the former ter before the Seattle Commercial Club. clalist movement he ‘THIS WINTER FIRST EXCURSION Over the Lines of O-W.R. &N. and SOUTHERN PACIFIC By Special Train, February 3. Fare from Seattle $91.50. Includes raitroad ticket for entire round trip. Also berth and all meals, whether Ingdining car or hotels along the route from Seattle to Los Angeles xoing trip only. Tickets good ‘for nifiety days. Call or write for information, litérature, ete, €. &. ELLs ; District Passenger Agent 716 Second Avenue, Seattie, Wash. Telephones; Main 7378, Ind. 2623, Passenger Station Jackson St, at Fourth and Fifth Avs, MURRAY enger Agent Portiand, Ore, ritory’s government since the Span jards occupled New Mexico 300 years ago, Have ycur bins cotected. West ern Collection Co., 433 N. Y. Block. Main 6169. Gordon T 207 Traders Bldg Third and Marion $30 SAMPLE SUITS « and Low Rent Does It PECIAL PRICES FOR THIS WEE THe FAMILY TRADE SUPPLIEL OLD CROW BoUR:! Bottled in “ged cares gtt* fS, ey PORT Special, $1.00 Per Galion. JAFFE & Ci WINE GROWERS AND DISTILLER WHOLESALE LIQUOR DEALER ACROSS FROM THE BON MARCHE For Both MEN AND WOMEN on Credit A LITTLE DOWN A LITTLE WEI OPEN AN ACCOUNT