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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 6, 1911)
- .-..t-s-x-ix-t a v rmn ir CifTCWKVlt R. 1911. mm-t v w maB.B.B m a m c .m v k a a rw- - r j m. mr .m-a .at v - I SITE REPLIES TO -ATTACK ON SYSTEM 30,00(VWord Brief Contends Initiative and Referendum Laws Are Valid. SUPREME COURT TO RULE Attorner-General Submit Arfunirnt ' ( la Refutation of Allegation I -aw J Is Opposed to Republl- j can noTfrnmnt. SALEM. Or.. Oct I. (Special.) The scata's brlsf. prepared by the Altornft. Ganaral In the rase of tha Ptata of Ore iron imm tho Pacific Srataa Telephone Talsgraph Company, to file with the Lnit.l Stat.a Supreme Court In the pooling raae. which will deride th validity of the Initiative and referen dum, went to the hand of the printer tnle morning and contain about 30.000 wor-ie. The brief la mst comprehensive and xtenatve In lie answer to the main per tinent allecatlon of the corporation, tnat the Initiative and referendum lawa I are Invalid becauee the Constitution of I' the United Ptatee guarantors a repub lican form of government and that law risking under the Initiative and refer endum la not compatible with aucb a form of government. Qaeatlee Allegra Political. "The power to determine whether m atate has a republican form of govern ment la veated In Congr.sa. fence. Is political rather than a Judicial ques tion." recltee the brief. After citing numerous authorltlee. the brief continues: "The case at bar being an attack on the fundamental law of the state, and said law being the Instrument which creates the court and defines Ita powers, can It be pos sible that the court has Jurisdiction to rasa on the political complexion of the Constitution Itself unless It Is so ex pressed In the Instrument? There Is no such thing as Inherent powers In the courts. They can exercise no Juris diction or power except that which la jlerlved from the Constitution creating the court. Hectlon 4 or article 4 of the United States Constitution guarantees every slate a republican form of government and therefore makes It th duty of the general government to de termine when the state haa such a form. It Is conceded by all constitu tional writers that when a new atate applies for admission. Congress la the department to determine whether the state constitution, as proposed. Is In the required form, and If not. It la re jected and must be chanced to meet the requirements of Congress. No provision la made, nor has It ever been claimed, that the Supreme Court of the 1'nlted, Mates should cerde the question, or that It haa power to do so.' t'eerts Hlgbls, aa Seem. Cited. ' The brief continues, after citing nu merous authorities to bark up Ita con tentions, that "while the court may de ride whether an amendment to a con stitution has been adopted In the pre srrlhed msnner an. I whether It denies any constitutional right, either as to property or person. It would, we sub mit, be considered an Invasion of the prerogatlvea of Congress, should the court undertake to decide whether the constitution of a new atate seeking ad mlsxlon Is republican In form and to decide whether It should become member of the Union." The brief sets out that If the court decides to retain Jurisdiction, the prin cipal question wtll be whether the Ini tiative and referendum amendments to the constitution of Oregon contravene the provisions of the Federal Constitu tion as being unrepubllran In form or In any other manner. "Tlj is question Is fundamental In character, affecting the authority of the state to enact Its lawa and regu late Its In terns I affairs In any manner agreeable to Its rltlxens. and should not be decided by technical rules, but should be approached and disposed of tn broad grounds and liberal views. A state constitution should not be held to contravene the Federal Constitution ttnle tha general scope and plan of government provided In the former la opposed to the general arope and plan of government required by the latter, to be maintained by the state." Aaeessbly lwwer Rentals. Fetttns out the amendments In ques tion. Ine lrlef continue: The amend ment does not attempt to do awav with the LcKlnlstlve assembly referring to the amendment to the state constitu tion I. but leaves It Intact with full poeer to enact or' ropenl any and all lawa and perform every obligation Im posed upon It by the Federal Constitu tion and laws. It merely reserves the right to propose lav. a and to enact or reject the same at the polls, indepen dent of the Legislative assembly. In cluding amendments to the constitu tion. "We are unable to understand wherein the reservation of that power and the power to demand that any act jassed by the Legislature not neces sary for tha Immediate preservation of the public peace, health or safety, be referred to the peopl for their ap proval or rejection, la unrepubllcan in character or contravenes any pro vision of the Federal Constitution. The members of the Federal convention considered a "republican form of government- to be a government which derived all Ita powers from the great body of the people, and this vies I also maintained by many other emi nent atatesmen.'" I aw Held te Be 5a fe. I declaring that the framers of tha Constitution believed tliat representa tion was made necessary only because tMey be.leved It Impossible for the peo ple to act collectively, the brier says that the laws -under consideration pro vide a way for the people to act col lectlvelv and at the same time with " "knowledge. The people dot not vote en masse or viva voce, but alone In single booths and under the solemn e-anctlcn of the Australian ballot. This also avoids the danger of a law being enacted through the sudden heat of passion or prejudU-e. engendered at the time of meeting by the eloijunce ef some orator. In fact. It leaves all ef the ancient objections to popular government with absolutely no sup port In sound reason. "As we have aeen It acts aa a check upon vlcloua legislation by the legla letlve assembly and at the same time provides a means whereby good mess area denied by the Legislature ran be earnest Into effect and the will of tha people respected and made effective In practice aa well aa in theory. Tha rights of no man. whether pertaining to person or property, are Jeopardlaea bv the Oregon e stern nor Is the con stitutional safeguard Imperiled or tle stro ed. Cetsrt Rellaae llegea Favorable. "Both the Federal and state courts have uniformly held that the Initiative method ofenacttng lawa waa not re pugnant to the provisions of section of article 4 of the Federal Constitu tion, either directly or by necessary Inference. ... -The stability of government de mands that the universally understood meaning of the fundamental law shall not be lightly set aside. Also the ex ecutive and legislative branches -of the Federal Government, have held lb substance that the reservation of the Initiative and referendum powers by the people of a state la not violative of the Federal Constitution nor hostile to a Republican form of government Senators and Representatives from these ststes reserving those powers are seated In the Senate and House of Representatives without protest. "When new states are admitted the President -and Congress paaa upon the form of government preeented by the proposed atate and decide whether tha same la In harmony with the Consti tution of the United States and they have In several caaea approved state constitutions reserving the identical powera attacked In the case at bar. "The contention of the appellant In error as urged In the state court, that the powers of the Inltatlve and referendum reserved to the people to prevent the state from discharging the obligations imposed upon It by the Federal Constitution and lawa, la not well founded. People la C'eatrek "The two powers may be said to be Inseparable as tha Initiative seta in motion the power to enact a law, which must be referred to the people to ap prove or reject and even when the people wish to demand that an uct passed by the legislative assembly be referred to them for approval or re- MAYOR TELLS OF 'OFFICIAL BRIBER' Oregon Manager of .Blome Paving Company Held to Grand Jury at Klamath. TRAP IS LAID FOR AGENTS Coiytollmcn and City Executive Agree to Fasten Evidence on Men, Who, Thejr . Declare, Offered $1000 for Official Influence. KLAMATH FALLS. Or, Oct. . fSpeclal.) Declaring that Samuel Me diation. Oregon manager of the Ru dolph Blome Paving Company, of Cnl rago. told him that that company kept a man In Portland whose business it CO-ED IS ELECTED PRESIDENT OF SOPHOMORES AT WILLAMETTE v I li X 'V 5e5 assBBSwrjaSBB. WILLAMETTE UNIVERSITY. Salem. Or.. Oct. B. (Special.! The sopho more class election was held this afternoon. .Miss Grace Kdglngton was chosen president and Herman Clarke, vice-president. The presldehit-elect IS a graduate of the Hood River High School and has won several prizes for excellence In oratory. The new vice-president Is prominent In student affairs and treasurer ef the Glee Club. Other officers elected were: Loth Penn. Salem, secretary: George Van derwert. Tendlcton, treasurer. Jertlon they must first Invoke tha Initiative, towlt: must petition to have the act referred, but the petition has the force of a com mand and the offi cer to whom It Is directed has no dis cretion, but must obey." The brief further declares that the court has nothing to do with the question of expediency aa argued In error In the appellant'a brief. The brief of the Attorney-General Is supplemented by an argument by C. K. 8. Wood. PET COW GORES WOMAN MRS. P. H. ESTBERG, AGE S, IXJIREP AT WILLAMETTE. Animal Recently Sold to Neighbor r Itches - EVirmer Owner Into Fence When It Is Approached. OREGON CITT. Or, Oct. 5. (Spe cial.) Mrs, P. H. Kstberg. 3 yearsold. one of the well-known residents of Willamette, waa attacked and seriously Injured by a heifer Wednesday. Mrs. Estbery had raised the animal and recently aold It to Mr. Ek, who resides on the opposite side of the street. Mrs. Kstberg waa passing through an en closure, where the heifer had been placed to graxe. when the animal started after her. She was thrown ten feet into a corner of the fence. She screamed for help, and Mr. Ek. who was working a short distance away, ran to the woman's rescue, and assisted her to her home. Mrs. Estbery'a face was lacerated and she suffered severe Internal Injuries. It Is thought by the Injured woman, who had made a pet of the heifer when young, that It waa playing when It charged upon her, and It wtll be al lowed to still graxe on. BOND ISSUE STIRS ASHLAND Protest AjralnM Road Fund Filed and Medford Is An pry. MEDFORD. Or, Oct. 5. (Special.) Apparently chagrined at the victory of the t. 500.000 bond Issue for good roads, against which they registered a two to one majority, the citizens of Ashland now threaten to enjoin the County Treasurer from honoring any county warranta above the 16000 au thorized by law. It la also reported that they wtll fight the legality of the bond issue In the courts. Through C. P. Brlggs. an Ashland at torney, notice waa served to the county court at Jacksonville today. Mr. Brlggs asserted that Ashland did not want to see the county court go fur ther In debt under the present sys tem of Issuing warrants. If this ac tion Is successful It will mean the abandonment of all road work In the countv for the present, and work on the KS.eo Central Point road will be postponed for the year. Tbe announcement has caused great Indignation Id Medford. The bond Is sue passed In the county last Satur day by a vote of nearly two to one, and Ashland was the only town of any size to oppose It. The county court had thfs year between IJ5.000 and . 000 which could be expended far road building. More than this was expend ed under the system of piecemeal road work that baa been done. Seiz ing upon this possible Illegality. Medford rltlxens declare that Ash land la endeavoring to check the good roads cruaade throughout the district. A movement hss already been started bv Medford business men te sign an Indemnity bond to guarantee payment to Twohy Bros . contractors on the Cen tral Point road. The sextant In u tlBy hr see -sptalns and r!l"a e a eia.l affair, measurinc onlv s fee Inrtt.s In any direction. About the er toi4i ,f oar era tn sextant then In hm ittronomcri bail a raUlua of 09 feet incurs. was to carry bribe money to city offi cials where paving work was In pros pect. Mayor Fred T. Sanderson. of Klamath Falls, charged MrMahon with bribery and the latter was held to an swer to the December grand Jury be fore Charles Graves. Justice of the Peace, here today. The bond was fixed at $ 10.000. In his testimony the Mayor said that McMahon called on him at his home on September 10 and hinted to the Mayor that It would be worth his while If ho IMPORTANT THAT PUBLIC SHOULB KNOW ABOUT GREAT KIDNEY REMEDY. The testimonial I am to give you cornea unsolicited. I have been suffer ing from lumbago for ten years and at times waa unable to stand erect. A Mr. Dean, of thla city, saw me In my condi tion (bent over) and Inquired tha cause. I told him that I had the lum bago. He replied. "If you get what I tell you to. you need not have It." I said I would take anything for ease. He said. "You get two bottles ef Dr. Kilmer's Swamp-Root and take It. and If it does not fix you O. K. I will pay for the medicine myself." I dlu so and am a well man. For five months I hsve been as well as. could be. Before I took your Swamp-Root waa In con stant pain day and night. This may look like advertising, but It seems to me most important that the public should be made familiar with this treatment, as It Is the only one I know which Is sn absolute cure. I owe a great deal to Dr. Kilmer's Swamp-Root, and am anxious that others situated aa I was should know and take advan tage of It. Hoping that thla testimo nial may be of benefit to some one, I am. J. A. HOWLANT5. 1714 Humboldt St., Denver, Col. State of Colorado I Cltv and County of Denver f Personally appeared before me, a Notary Public 1n and for the city and countv of the State of Colorado. J. A. Howland. known to me as the person whose name Is subscribed to the above statement, and upon hie oath declares that It Is a true and correct statement. DANIEL H. DRAPER. Notary Publlc . Letter to Dr. Kilmer Co;. Blnghamton. N. Y. ProYeWiatSwamp-RootWill Do ForYou Send to Dr. Kilmer & Co.. Blngham ton. N.-T., for a sample bottle. It will convince anyone. Tou will also receive a booklet of valuable Information.- tell ing all about the kidneys snd blsdder. When writing, be . sure and mention The Portland Dally Oregonian. Regu lar fifty-cent and one-dollar stxe bot tles for sale at all drug stores. would do MrMahon a favor in using bis Influence In the adoption of grani toid paving. Mr. Sanderson said that he replied that he did not want any favors. The Mayor said that James Hughes, an employe of the Blome com panv, and McMahon had failed In an attempt to get the Mayor to go to a room In the Hotel Baldwin later, the Mayor said McMahon called at his home a second time and offered to leave $1000 on a mantle ortable or any convenient place. The Mayor told of a conference with Councllmen Hanks and Alford . at which time the three had agreed upon a plan by which they hoped to entrap McMahon and Hughes. Attorney O'Neill. arguing for Hughes, declared that Mayor Sander son was protecting bltulithlc pavement and said that he was paid 117.000 by the Warren Construction Company, of Portland. Hughes' case comes up to morrow. . Three Clubs. Go to Fair. Todav nas been set aside at the Clark County Fair, at Vancouver. Wash., as Portland day, and special efforts to have representations on hand are being made by the Commercial Club, the Ad Club and the Rotary Club. The Rotary Club members will meet at Second and Washington streets to day, where they will take a special car for Vancouver. Special cars will be on hand to convey the Ad Club and Commercial Club members. All three clubs have been sending out literature tirgln gthelr members to attend. Extensions in Suburban Districts " 'Applications for a franchise to Eastmoreland on Bybee Street " so as to reach the Reed Institute, recently opened to the public, and an extension on East Harrison Street are very simple matters. People have recently moved in and occupy these new districts and are clamoring for streetcar extensions. In each case it will be years before the proposed expenditures will bring any return to pay the cost of the service or the interest on the investment. lii Rose City Park a somevhal different situation exists. Here the enterprising citizen desires paving for a distance of over tw o miles, and the expense involved to the Company will " amount to $125,000. In addition, City Attorney Grant has expressed the opinion that the franchise granted on Sandy Road to the Company by the Countv Court is of no legal value. Be'that as it may, to double-track and pave in this district in volves so large a sum of money that, amtil the technicality raised, by the City Attorney has been cleared up, the Company cannot borrow the money needed for the investment. Therefore, the Company has applied fdr a franchise from the citv, in addition to the one which has been granted to it by the coixnty, at a time when the territory involved was outside the city, limits. -rV.i j The end of the Rose City Park line is 5 miles from Fifth and "Washington Streets. . It requires with the bridge delays and the traffic interference met with on Washington Street, 40 minutes to make the single trip. With a double track, better time can be made and more satis factory service be established. The reques for the franchise is in compliance with the wishes expressed for better service by the Rose City Park citizens. There is nothing to be added to the Company revenues, except through the future growth, if the franchise is granted. . On the other hand, it will involve a very heavy outlay and there is some doubt as to its expediency from the investor's point of view. ,1 Is it not plain that the franchise asked for is more in the interest of improved sendee than to the Company's advantage? Tomorrow's talk will deal with surrendering franchises.. PORTLAND RAILWAY, LIGHT & POWER CO. 12 Why be a "ready made" man when it costs no more to be tailor-made? There's no need for you any more to be contented with the hit-or-miss fit of ready-to-wear clothes . since Kay Harkhurst, the Tailor, got into action. There's no need for you any more to pay the high prices exacted because of necessity by the average tailor since Ray Burkhurst began making clothes. Kay Barkhurst will make a suit to your individual meas ure at a price no higher than you'll have to pay for a decent ready-to-wear suit. . Tou may want to know how he can do this. He buys in large lots direct from the mills agents for spot cash. He operates the largest tailoring shop in the city, thereby being enabled to operate at lowest cost. He employs a cutter, whose every piece of work i3 flawless and above criticism. He personally supervises the con struction of every garment and inspects it thoroughly before it is turned over to you. He personally guaran tees every suit he sells. If it isn't satisfactory, he jvants jt back and your money or another suit is yours for the asking. He will make you a suit to your measure for S22.50. S25. S30. S35 or S40, and he'll guarantee you a saving of $10 to $15 on any of them. 0 Come and see him it will pay you big. Ray arkhurst . THE TAILOR CORNER SIXTH AND STARK STS. g h ICOl 41 15, tfs-XaS .11 TO use W. H. 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