" J J, ) MJh i L s.t
"WILLAMETTE FARMER.
e
II '.'
.
PT1qNs op HSBD1Y
DIRECTORY.
OF riCIJItS of tho NATIONAL OKANOI!.
Matter John T. .Toncf, Iiarton, riillllpn. Ark.
OvtriterJ. J. Woodman, l'aw Paw, Van DurcD,
Midi.
lclurtrK. II. Smcdloy, Crcfco, Howard, la.
MtwanlA. .1. Vaughn, Mcniplilo. Tciin.
Ati't Stvtaul Mortimer Wliltihcad, Mlddlcbutb,
tiomcrrct, N.J.
Vitaiitaln 8, II. Klllf, Sprltiglmrouftri, Warren, O.
Trtamner V. M. McDowell, Wayne, Steuben, N.Y.
iSsctttartU. II, ICclluy, I.oulnvlllc, Ky.
(latt-KcixrO. Dinwiddle, Orchard (frovc, Ind.
(Vrw Mr. John T. .loncn, Ilarton, I'MIHd. Ark.
j-wmnur. onmuci v.. niiamp, Aioniiccno, Minn.
J'omona Mr. Ilnrvcy (lodrinrd, North (Iranby. Ct.
Lwty AuMant StewurttiUnt Caroline A. Hall,
Louisville, Ky.
SUPREME COURT DECISION.
Tho Power of Stato Legislatures.
Notes of Travel in Linn County.
Leaving our homo In tho Waldo 11111b on
tho JMh of April, wo crossed tho roarlngSan
tlam nt tho onlorprlsliifr town of Stayton,
whoro wo found a Inrgo tannory In courso of
conntructlon, Noar Stayton aro largo juan
tltloft of homlock bark, and tanning will
doubtless bo prolltablo lioro. From boro to
Solo tho country 1h rough, but tho brush la
bolng slashed, and now houses and barns
and orchards nro tho oidor. Wo crossed tho
South Hantlnm on a iluo brldgo. Tho coun
try from horo to Sclo In rathor wot, but soonis
to produco woll. Sclo Booms to bo waiting for
Hoinothliig to turn up, but Is a placo of con
nldornblo trado. Wo Mnyoil ovor night horo.
Noxt day wo imsscd on to Lebanon, which Is
a thrifty, butty town, and In building up fast.
.From lioro wo took llio road to Sbodd's Sta
tion, On panning tho foot of Saddlo Jtutto
tho sconory wan niRgnlllcont. Wo counted
twonty.ouo tennis putting In grain, In going
ouo mllu. Mnu county Ih lltorally ono grand
vfJioat flold. In tho vlclulty.Jof Shodd and
Jlalsoy tho country In flat, but the furmor?
havo an oany-golng way of ditching, Jtut
Hiiltlng old Orrigonlnnn. Thoy plow a fow
ftirrown lu tho contor of tho nlouglis, and by
Just waiting tho winter nilim do tho balanco,
I haw drains mado In this way that woro
hovoii or tight foot wldo and throo fcot (loop,
which woro usid ns main drains, Into which
woro run ono or two furrowH at right anglos,
uud this slow way of draining has onhancod
tho valuo of tho laud vory much. Show mo
an cany way an old Orogonlan won't Hint out.
Passing Hhodd's, wo rtnchodourold friond,
A. I), MuMlulmol's. who IsMHslorof llnlfoy.
Jloaud his accomplished wlfo wont with us
noxt day, and wo vlsllod iliilsoy; looltod
througli tho I'atrons' co-opcratlvo storo,
whoro wo mnt Jlro, l'carl, who socius to bo
as much at homo at walling on customers as
lu running n fiirm. Jlalsoy Is a nourishing
placo. and miltoa town, and not a saloon,
nor Is drinking at all cotintonancod horo. 1
found tho Wiu.AMinTKl''AiiMi:n prottygon
orally road by tho Patrons of Halsoy. Tho
tirango storo hero Is consldorod a perfect sue
i!os , keeping from thrvoto tour clorkH busy
all tho lime. Lois of wldo awako Patrons
around horo, and lliosconory Is grand. Wo
noxt vlsltod Jlro. Condrn, of Charity Orange,
Put Master of tho samo. I horo saw a lino
Hold of winter oats. llro. Condra Mya ho
jrota from 10 to tto bushels per aero, and' this
from Una that will not bring wheat. I would
like to mo thoso oats Introduced In tho Wal
do 11111s. Tho grain Is largo uud heavy. 1
was surprised to seo tho apple troo full as
lioalthy as In Marlon county, notwithstand
ing sotiio vory wet locations, also old pear
trees standing on wot laud, not two feet to
cold hard pan, perfectly healthy. I also no
ticed thut grapeN do very woll. Jlro. Condra
raises buckwheat with good success on hit
land that Is too wet for wheat cr outs. Wo
next visited llro. Kler, Muster of Charity
(Iraugo. llro. Kior Is n live Patron, niul has
tho finest Held of fli;wheat that I noticed of
lorty acres, also some Iluo winter oats.
Charity, No. UKI, Is ouo or tho llveomvi, Tho
J'alrous hero live like princes. SUtor Hunt
looturod hero, and tho Hrolhers ami Sisters
seemed much pleased with her etlbtt toon
tortaln them. Wo noxt visited Ifarrlsburg
U range, wherowomot IHIster Margraves, or
Nook Point. After tho lecture, wo witnessed
tho initiation of a ohiss of seven persons,
mid wo must say that llro. Lovls, Master of
this grange, Is a strict disciplinarian, and Is
fully up to tho work, llamsburg (Iraugo
Is lu u llourlshlnu condition. Wo stopped
ovor night with llro. l.ovls, and obsoivod a
Held of wheat that ho took his reaper uud
oiitilown, It being so rank. 1 hope ho will
send notes or tho losult to tho l'Ai(Mi:n. so
Washington', March 1. Tho Supromo
Court of tho United Statos, to-day, decided
tho so-called Granner ca&os, tho llrst ono bo
lng thBt of Ira Y. Munn and Ooorgo L.
Scott, plaintiffs In error, vs. The I'eople of
llio Stato of Illinois, in error to the Supreme
Court of tho Stato of Illinois.
Chief Jusllco Walto dollvered tho opinion
of thoCouit.
Tim ntmstlnn to bo dotormined in this case
in wnetner tno uoncrni Asemoiy oi imuuis
can, under tho limitations upon tho legisla
tive power of tlio States, llx by law the
maximum of nharcos for tho storaco ofgraln
in warehouses lu Chicago and other places
In tho Stato having not less than 100,000 In
habitants, in which grain is stored In bulk,
and In which tho grain of dilferent ownors is
mixed together, or in which grain is storod
In such u tuannor that tho Identity of tho
dlftoront lots or parcels can not bo accurate
ly prosorved. It Is claimed that such a law
is ropugnam:
1. To that nart of section 8, article 1, of tho
Constitution of tho United States which con
fers upon Congross tho power "to regulate
comtnorco with forolgn nations and among
the sovoral States."
2, To that part of section 0 of tbo samo arti
cle, which provldos that "no preference shall
bo given by any regulation of comtnerco or
rovonuo to tho ports of ono Stato cvjr thoso
ofanothor."
3, To that part of tho fourteenth amond-
mont which ordains that no Stato shall "do
nrlvo any porson ol llio. llbortv or property
without duo procoss or law; nor deny to any
porson within Its jurisdiction tho equal pro
tection of tho lawn."
Wo will cousldor tho Inst of theso objec
tions llrst. Kvory statute Is presumed to bo
Constitutional. Tho Courts ought not to do
claro ono to bo unconstitutional unless It Is
clonrly so. If thoro is no doubt tho express
ed will of tho Lculslnttiro should bo sustain
ed. Tho Constitution contains no doilultlon
of tho word "doprlvo," ns used In tbo four
teenth amondtnout.
wo can havn his experience to protlt by. Ho
has good stock, ami Is a No. I farmer.
,w.".,!0",,,,ro'M"i'k.,,,i " went with us to
visit tho farm or John Hector, ami found
lilinu gonial companion, On his lurm J no
tlced u lino grove or locust timber which ho
planted seven years ago, which was oulto
an ornament to hi num. Tho grove com.
mUtm nil acre or moro. Ho showed una hear
lug fig tree, and wild tho fruit wes good, and
was only killed down onco lu seven years,
always sprouting; and It had fruit on when 1
bw It, There is no blossom, tho young fruit
taking tho placo of (ho blossom, Ho has an
urunuo tree, mil i Doiiuvo no keeps It hi doors
in winter time, lliddlng llro. MoMlohael
gooa bye, we noxt stoppwl with llro. ffm,
J'owers, or Shedd Orttugo. llro. Powers has
a iluo Hold or Irish J.umath whwit, which
was beautiful to look on. TIiIh wheat has a
...hi. uvuj , uinao nun nuur, null yields m
bushels per acre, avorogo, but will not sue
mhhIoii hill lami; It likes gotxl, strong land,
llro. l'owers has many things of note on tils
larm, and SUter Powers Is a usorul Matron,
and wrrespondont of iIioKaumkh. I wlah
alio would wrllo often.
i negiocioa to observe that llro. Condra. of
to work three homes to, which
upuoiea in ine road. The scraper lauimln
tjik i:rrj:cT or uhaoi:.
To (lotormlno its slgultlcatlon, thoroforo, It
is necessary to ascertain tno ollect which
tisago has given It whon employod In tho
samo or a llko connection. While this pro
vision oi mo nmonumoni is now in tho con
stitution of tho United Statos as a limitation
upon tho powors or tho States, It Is old ns n
principle of civilized government. It is
lound In Magna Clmrtn and, lu substance
ir not lu form, in nearly or quite all tho Con
stitutions that havo boon trom tlmo to tltno
adoplod by the sovoral States or tho Union.
Ity tho ilfth nmondment it was introduced
Into tho Constitution or tho United Statosas
a limitation upon tho powors of tho national
government, and by tho iotirlconth nsa
guaranty against nuy encroachment upon on
iicknowledged right of citizenship by tho
Legislatures or tho Stales. Whon tho unnnln
oftho United Colonies sopamted from Ureat
IlrlUiln ,lhoy changed tho form but not tho
sulJH'.ancoouholrgovernmont. Thoy retained
for the purposes ofgovornmont nil tno powers
oftho British Parliament, and throm-li thnir
Stato Constitutions or other forms oi social
compact, undortoofc to glvo practical eiroct
to such ns they dcomod nocefcsary for tho
common good nnd tho security ot life and
property. All tho powors which they ro
tallied thoy committed to their respective
States, unless In express tonus or by impli
cation resorved to thomsolvcs. Subsequent
ly, whon It was found necessary to establish
n national Government for national pur
potos, a part of tho powors of tho Stato and
oftho pooplou oftho Statos was granted to
tho United States and tho people of tho
Uultod Statos. This grant operated as a
furthor limitation upon tho powors of the
States, so that now tho Clovornmonts of tho
Unites posses alt tho powors of tho Parlia
ment of Kngland, except such as havo been
delogatod to tho United Stales or reserved
by tho pooplo. Tho reservations by tho poo-
juoaro stiown in tho prohibitions of tho
Constitutions. Whon ono becomes a mom-
uor oi a socioiy no nocossnrlly parts with
somo rights nt privileges which, as mi hull
vidua!, not nilbetod by his relations tooth
ers, ho might retain.
WHAT "A IIODY I'OI.lTIC" IS.
"A body politic," as uptly defined In tho
preamble or tho Constitution of Massachu
setts, is n social compact by which tho
wholo iwjoplo covenants with each olilzon,
with tho wholo people that all shall bo gov
J!,'., . y ,u,,"l" ,rtW ftr 'bo common good.
This does not center power upon tho wholo
peoiilo to control rights which aro purely
and exclusively private (Thorpo vs. tho if.
u.uauronti compHiiy, U7 Vt 113), but It
does autliorio tho establishment of laws re
quiring each cltUou to so conduct himself
and so use his own property as not uunccos
sarlly to Injure another, f his Is the vory
wwtii-u ui Kuviiriiiuem, uiki nas louuu ex
pression lu tho maxim, .uo utcre titout
nhtiniM non fo iu, l'rom this sourco cumo
the police powers, which, as was said by
tihler Justice Taney in the license oases (a
M.n ., ivsi, -nro iiiiiiiiiig inoru nor jess man
tho iwwers ofgovernimmt Inherent In every
sovereignty, -j o o rut s t0 Way a oo
tbo iKiwer to uovern men and iIiIml-h. 1TiwI.ii-
inosoM)wors llio ooverument regulates tbo
conduct of Its cltlons, ono toward another,
and tho maimer In which each shall use his
own property, when such regulation bo
comes necessary for tho publlu good. In
iiieir exercise it ius tteen customary lu Kng
laud from tlmo immemorial, and m this
country from Its llrst colonl.ation, to regu.
lato terries, common carriers, hackmen,
bakers, millers, wharHugers, Inn-keopors,
etuaud in so doing to Hx a iimxlmutu of
charge to lm nude mr services rendered, aa
wminiodatlons ftirulshvd and articles Mild.
Constitution protects? Wo Hud that when
private proporty is nlfocted with a public In
torostit coasos to bo juris jirivatt only.
This was said by Lord Chief Justico Ilalo
more than '200 yearn ago In bin treatise.
"Xc I'ortibua Maris," and has been accepted
witnout objection as an essential element in
tbo law of Dronnrtv nvnr slnrn. Pronertv
does becomo clothed with a public intorost
when used in a manner to make It of public
consequence and affect tho community at
largo. When, therefore, ono dovotea his
property to a uso In which the public has an
Interest ho in elloct grants to tho publican
intorostlnthat use, and must submit to bo
comroiieu oy tno public lor tno common
good to tho extent of tbo Interest ho has thus
created.- Ho may wlthdiaw his grant by
discontinuing tho use. but so long as ho
maintains tho uso he must submit to tho
control.
After quoting Lord Halo an to forrlos,
wharves and whaningora, and tho decision
oftho Supreme Court of Alabama, bocauso
tho Court thought they found lu thorn tho
prlnciplo which supports the legislation thoy
wero examining, tho opinion contlnuos as
iuiiuws;
Jnough has already boon said to show
that whon prlvato proporty Is dovotcd fo a
public uso It Is subject to public regulation.
Itroinninn only to ascertain whother tho
warenousos of thoso plalntlfla in error and
tho business which Is carrlod on thoro come
within tho operation or this principle. For
this purpose we accopt ns true tho statements
or fact containod In tho olabornto brief of ono
oftho counaol oftho plaintiffs In error.
WHAT TUB I'LAINTIlTh'
srATKMIINTS SHOW
frromthrso It appears that tho groit pro
ducing roglon or tho West nnd Northwest
sends its grain by water and rail to Chicago,
whoro tho greator part of it is shlppod by
vossol for transportition to the seaboard by
(ho great lakos, and some of It is forwarded
by railway to tho Eastorn ports.
Vessols to homo oxtont nro loaded In the
Chicago hnrbor and sailed through tho St.
Liwronco dlreotlv to Knrono Tim
quantity or grain received In Chicago has
mado It tho greatest grain markot In tho
world' Tho business has created n demand
for moans by which tho Imnionso quantity
ofgraln can bo handled or stored, and thoso
havo boon found In grain warobousos,
which aro commonly called olovntors bo
causo tho grain la derated from tbo boat or
car by machinery oporatod by stonm, Into
tno uins proparcu lor its reception, ana olo
rated from tho bins by n llko process into
tho vessel or car which Is to carry it on,
- y in mis way tno inrsest tratno bo
tweonthocltlzons or tho country north nnd
west ot Chicago nnd tho clti7ens oftho coun
try lying on tho Atlantlo coast north of
Washington is lu grain which passos through
tho olovntors of Chicago. In this way tho
trado In grain is carried on by tbo Inhabi
tants of sovon or olght of tho groat Statos or
tho West with rour or flro or tho Stntos lying
on tho seashoro, nnd forms tho largost part
of intor-Stntocommorco In thoso States. Tho
grain elevators or warehouses in Chlcngo
aro Immense structures, holding from 300,000
in i,wd, uiisueis at ono tune, according to
SlZO. 'Jhovnro divided into bins nflnrun
capacity and groat strougth. 9 Thoy
aro located with tho river harbor on one sldrf
and tbo rollwBy track on tho othor, and tho
grain is run through them from car to vossol
or boat to car, aa may bo domnnded In tho
courso or buslnoss. It has been found Im
possible to prosorvo tho ownors' e;raln sniin.
rato, and thus has glvon rlso to a system of
iiipiicciion huh grading oy wnicii tlio grain
of dltleront owners Is mixed ana rccoipts
Issued for tho number of uushnls which aro
uegotlablo nnd redeemablo In llko kind upon
doinaud. This mode of conducting tbo bus
lnoss was Inaugurated moro than twenty
years ago and has grown to Immense pro
portions. Tho railroads havo found It Im
practicable to own. such oloyntors, and pub
llu policy forbids tho transaction of such
business by tho carrlor. Tho ownership has,
thoroforo. boon by prlvato Individuals, who
baro embarked their capital anddorntod
their Industry to such busluoM as a prlvato
Eursult. In this connection It must also bo
onto In mind that, although in 1S71 tbero
woro In Chicago fourteen warehouses adapt
ed to this particular business and owned by
about thirty persons, nlno business Urms
controlled mom, anil mat tno pries charged
rnout that no procedont can ho found for a
statute precisely llko this. It Is concoded
that the business is ono or recent origin, that
its growth has boon rapid, and that It is al
ready or great Importance. And it must also
bo conceded that it is a business in which
tbo whole public baa n diroct and positive
interost. It presents, therefore, a case for
tlao amplication of a lonir known and well-
. t .-. . . . . . " . . . .
estaousneu principle in social science, and
mis statute sirapiy extend tne jaw sons to
meet this new development of commercial
progress. Thero is no attempt to compel
thoso owners to grant tho public nn Interott
In their property, but to ooclaro their obliga
tion, if thoy uso it lu this particular manner.
It matters not In this caso that tho plaintiffs
in error had built tholr warehouses and es
tablished tholr buslnoss before tho regula
tions complained or woro adopted. What
they did was from tbo beginning subject to
mo powor oi tno uoay poirtio to roquiro
them to conform to such regulations ns
might bo established by tho propor authori
ties for tho common good, They outerod
upon tholr business and provided them
nolres with tho moans to carry it on subject
to this condition. If thoy did not wish to
submit themsolves to such lntorforenco thoy
snouid not navo claimed tno pubiio witn nn
interest in tholr concerns. Tho same princi
ple applies to thorn that doos to tho proprie
tor or a hackney carriage, nnd ns to him it
has uover beon supposed that ho was exempt
from regulating statutes or ordinances be-
couso he had purchased his horses and car
riage and established his buslnoss boforotho
statute or tho ordlnanco was adopted.
Tin: rowKit to iikciulati:.
It is Insisted, howovcr that tho owner of
tho proporty is ontltlod to a roasounblo com
pensation for its use, oron though it bo
clothed with a pubiio interest, nnd that whnt
Is rensonablo is a Judicial nnd not n lcgisln-
live nues'.ion. in countries wuoro tno com
mon law provnlls, it has been customary
from tlmo Immemorial forthoLogislnturo to
declaro whnt shnll bo a reasonable compen
sation under such circumstances; or perhaps
more propony speauing to ux n maximum
beyond which Bny chargo mado would bo
unreasonable. Undoubtedly lu moro prl
vato contracts relating to matters lu which
tho public has no Interest, what Is reasona
ble must bo ascertained Judicially. Dut thin
is becauso tbo Legislature lias no coutrol
ovor such a contract. So. too, In matters
which do alloct tho pubiio interest, and as to
wmcu jogisianro control may uo exercised,
If thoro aro no statutory regulations upon
tho subject tho Courts must detormino what
Is reasonable Tho controlling fact Is tho
powor to rogulato nt nil. ir thnt exists, tho
right to establish tho maximum of chargo
ns ono oftho moans of regulation is Implied.
In fact, tho common Inw rule which requires
tho chargo to bo rensonablo is llsolf a regula
tion as toprico. Without it tho owuor could
mako his rates nt will, and compol tho pub
iio to ylold to his terms or mrogo tho uso.
Hut a moro common law regulation or trndo
or business may bo cJinnged by statute A
porson hns no nronortv. no vested interest in
any rnlo of tlio common lnw. That is only
ono of tho forms of municipal law, nnd fs
no moro snored than nny other. Itlghta of
property wmcu navo ueon creatod by tbo
common law can not bo taken away without
duo process, but tho law Itsolf, as a rulo or
conduct, may bo changed at tho will, or
oren at tbo whim, or tho legislature, unless
provontod by constitutional limitations. In
dood, tho great olllco of statutes is to remedy
defects In tho common law as thoy are de
veloped, and adapt It to tho cbnuges of tlmo
and circumstances. To limit tho rata of
chargo for sorrlces rondored In a publli cm
ployment, or for tho uso of proporty In
which tho pubiio has an intorost, Is only
changing a regulation which existed before.
It establishes no now prlnciplo In tho law,
but obly glvos a now effect to nu old one.
Wo know that this Is a powor which may bo
abused, but that Is no argument against Its
existence. For protection against abusos by
j-rmsimurui mo poupio must resort 10 tno
polls, not to tho Courts. Aftor what lias al
ready beon said it Is unnocossnrv to t.r nt
longth to tho otl'ect of tho othor provision or
mo iuuriouuiu nmonumenr, wmen is roilod
upon viz: that no State shall "dony to any
porson within its Jurisdiction tho equal pro
tectlon of tho laws." Certainly It can not bo
clalmod that this provontod tno Stato from
For Sale I
!l!L,1?,IEA,.N.R.llK8IDENCE cornrof Com-ncr-K
I fif.i.BJ?d DI,'llon "reel, in desirable Itnntlon,
rtSlriUi hon' ra ruo. well tltilihed, and eonvenient
! VZft fSfS nna founds Uwtcftilly ornamented. Will
tS5S.d YvSXy lQTV anii n accommodating
SCP2J
I.Kn ii'tw.r.iii
ration's Dlock State St.. Salem.
B.
STRANG
Importer and Scaler in
Improved Ranges,
COOK, PARL0K, AND BOX
JS T O V E3 S8,
And Manufacturer of
Tin, Sheet-Iron & Copper
Union Block. Commercial Street.
SALE.V Olih'GOX.
T IlESPSCTrVOLY INFORM ALL MY OLD
JL friends anil cjiitomcri. that I have remmed bnil
iiCM. and Invito he pnbllc Rcncralty to call and ciam
lno my stock and learn my prices. No:l lMetf
Salem Flouring Mills.
BEST FAMILY PLOOTt,
BAKE1TS EXTRA, XXX. ,
SUPJERFINB AND OIIAIIAM,
MIDDLINGS, BIUN, AND SnoilTS,
Constantly ou Ilnncl.
Hlfflicst 3?rico in, CASH
Paid for Wheat
AT ALL TXXMU3S.
8cptl3tf
O. KINNEY,
Accnt 8. K. M.
Co
ESTABLISHED 1855.
Willamette Nursery
G. W. WALLING & SON,
PKOPltlETOnS,
Oswego, Clackamas oo., Oregon-
WALLING'S
....lj willK,l, nns K,i 0r BOmiM.
Ich hill
wtlh lever mprtlMKt m. not at right auglw.
but In h mltrainule. mo the baar.fV uJt.Z,l
roHr works like a plowshare, rorclnjr ll
the dirt to tho center or tho road as wellms
Illllujc all the holes. It la macioor wood, and
U ahod with Iron. He make them himself.
Mild the cost Is nominal. 1 found the road
thw was used ou smoother than other roads,
uud It otiKht to lu pniorully adopted. Hrw.
Condra is the only IMtrou 1 have met who
eomsi to have bIvoii our nwds much utten
tlou, and I, for one, would bo willing to be
Do taxed to havo such man for nwd eiiRin
r for -Marlon eounty, to Insure some unl
orm system of road work. 11 , y, 11 u.nt.
(hlailay BtntHtcw are to bo fouml lu many
or the States uinm vonio or all theo subjects,
and wo think It has never yet been success
rul ly contended that uoh legislation utuie
within nuy or the constitutional prohibitions
BKuinst Interrereuco with private property.
NMththo tlrth amendment In force, Con
KresN In IhTO COllforrml nnwivr mum tl...ito
or WHshiiiKtou to ni!iihitn ih
rates oi'wlirfiKo at prlyuto wharves
tho svwplnn or chlinueys anil to rtx the
rnteK or fw therefor, and tho
weight and quality of bread (3 Statutes, 687,
seotiou 70); uud in ISIS, to make sJl ntcessry
rOUUlat OlIS rttHlwutini? ha.-timT. ,.a.,l..
and the rates or rro or tho same, and tho
rates or haulliiK by cabmen, wagoners, oar
men and draymen, and the rales orcommla
alon orauotloneer" W Satutes, 1S4, wction J).
trom this It is appareut that down to the
time or the aitoiuinii nf ih Kiirrum
Amendment it was supposwl that the statute
regulating tho use or even the prion of the
usaui private nroimrty ueoesMtrlly depriv
ed an owner ofhls property without due pro
cess or law. Uuder soma elrcuoiatanoes
they may, but not uuder all. The amend
ment does not ohango the law lu tttU ir-
tiouiar. It simply nreveuta the Static from
uoing mat wuicu will
privation.
WllKltU Tint lOWKK OK
'1 his brings us up to imuilre as to the
principle upon which this power or regula
tion rtstH. in order that wu may determine
wlmt Is within and what without its oiHira
tlvo ellects. Looking, then, to common law,
from whence eomo tho rights which the
amt recolvod lor storage wero such as havo regulating tho Hies or hackmen or tho char
neon, from year to yenr, agreed upon nnd es-1 Bo of dnvymen In Chicago, unless It docs
inuiiKiiou oy iiiotiuierent eiovntors or ware
houses In tho city of Chicago, and which
rntoshnvo been annually published luono
or more newspapers prlntod in said city, lu
tho month of January lu each vear, as tho
established rates lor tho yonr thon noxtou
suing such publication. Thus It is apparent
that nil tho clevntiuc facilities through
which thoso vast productions of seven or
eight great Stntes of tho West must pass on
tho way to four or llyo of the States on tho
kea-shoro may bo u virtual monopoly.
Under such circumstanced It l9dllllcultto"kue
why, irtlio common currier, or thn mlUnr. nr
tho rorryninu, or tho inu-keeppr, or tho
whnrilngeror tho hackney co.ich man pur
sues a pubiio employment and exorcises n
sort of public ofllco, theso plaintiffs In orror
mi nut, uuy siunu, io use ngam tne lan
gu.igo of tlinlr counsel, lu tho very "gateway
orcomniercu," nnd tuko toll from all who
pass. Tholr busings most ceitalnlv "tends
to a common charge, nnd Is become a thlug
or public- Interest and uo." Kvery bushel
or grain for Its pnsisago pays n toll, which is
a common chargo; mitt thoroforo, according
to Lord llnle, overy such warehousemen
ought to bo undor public regulation nnd,
thnt ho take but roasounblo toll. Certainly,
lrnny business can be clothod with a public
Interest and 'case to bo juris nrimfi ouly
tfils has beeu: It may not be mado so by
tho operation or tho Constitution of Illinois,
or this statute, but It is by tho l.icts.
what Tin: r:oi'(.K oi Illinois :ii.
Wonlsoaronotpormltted to overlook tho
fact that, lor some reason, tho people ofliii
nols.whou thoy revised their Constitution
ui io. u. nw in to mako It the duty of tho
"""' rtaavmuiy io pass laws "lor tno pro
orate u such a de-
run KIX1ULATION
tootion oi proilucers, shippers and receivers
ot grain and produco1 (article xlil, section"),
aud by soctlouft oftho aameartlclotorequlro
railroad companies receiving and trunsiwrt
tig grain, In bulk or otherwise, to deliver
the samo ut nuy elevator to which it might
bo consigned that could bo reaohed by any
track that was or could be need by such
company; aud that all railroad companies
mould permit connections to be made with
their tracks, so that any public warehouso,
etc., wight bo reached by tho cars on their
railroads. This ludlcatea very clearly that
during the twenty years in which this
peculiar business has been assuming Its
present "Immense proportions' somethlnif
lias occurred which led tbo whole body or
.- jv.i.,0 lu suppose mat remeuiea sucn aa
waually emtdoyed to prevent abuaes by
A i i V. '.- " migui not oe inappro
priate nere. lor our purposes we must as
sume that ira state or facts could exist that
would Justify such legialaUon, It actually
did exist when the statute now under cou
alderaUon was passed. For ns the question
.oneof,Pwer not of expediency. If no
state of circumstances could exist to justify
Biioh a sututo theu wo mav declare this ouo
VOld, because In excess of thn IoI!hHv,.
lH)werorthe State, but ir it could we must
presume It did. Of the propriety of legUla
tlvo Interference within the tcopoof legists
tlvo Mwer the UgUUture Is the exclusive
Judge. Neither U it a matter of any wo-
tho tame thing In ovcrv other nlscn within
Its Jurisdiction. Hut, ns has boon scon, tho
powor to rogulato Iho buslnoas or warehous
es depends upon tho snmo prlnciplo ns tho
power to regulate hnckmen nnd draymon,
nnd what cm not bodono lu tho ono caso In
this particular can not bo done In tho othor.
im: iovi:n or conohi:ss.
Wo now como to consider tho efloct upon
this statuto of tho power of Congress to reg
ulato commerce. It was vory proiiorly safd
lu tho enso of tho Stato tax on railway gross
receipts (15 Wall, 2l3) that "It Is not ovary,
thlug thnt atl'jcts comtnorco thnt amounts to
n regulation of It within tho moaning of tho
Constitution.1 Tho wnrehoubos of theso
plaintiffs In error aro situated aud tholr bus
Inoss carried on exclusively within tho lim
its Of thO StntO Of Illinois. Tlinv nrn lm.wl
ns instruments by thoso ougaged In Stato ns
well as thoso engaged in Inter-Stato com
merce, but thoy nro no moro necessarily a
part or commerce Itself then tho dray or tho
cart by which, but lor thorn, grain would bo
transferred from one railroad station loan
othor. Incidentally they may becomo con
nected with nn Intor-Stato comtnorco, but
not necossary so. Tholr regulation is a
thing of domostlo concern, nud certainly
until Congress nets In roforonce to their in-ter-Stnto
relations tho Swto may exorcise nil
tho powors of Government over them, even
though In so doing It may indirectly operate
upon comtnorco outside Its immediate Juris
diction. Wo do not say that a caso may not
arise lu which It will be fouud that a State,
under tho form of regulntlng Its own ntlalrs,
has encroachod upon tho extonslvo domain
of Congress lu respect to Intor-Stnto com-
morce, but we do sny that upon tho facts as
they are presented to us lu this record that
has uot beeu douo.
thk qi'kstion or hkit.rknce.
Tho remaining objection to-wlt, that the
statute In Its present form is repugnant to
section 0, article 1, of tho Constitution of tho
United Statos, becauso it gives preference to
the ports of one State over those of anothor
maybe disposed of by tho single remark
that this provision operates only as a limita
tion of the powers of Congress, and in no re
spect anecta the States In the regulation of
their domestic affairs. We conclude, there
fore, that the statute in question is not repug
nant to the Constitution of tho United'States
and that there Is no error In the judgment.
In passing upon this case we have not been
unmindful of the questions Involved. This
and case ot a kindred character were argued
before us more than a year ago by the most
eminent counsel and in a manner worthy
of tholr well earned reputation. Wo have
kept the case long uuder advlsemeut in or
der that the decision might be the result of
our nature deliberations.
Tho judgment is atUrmed.
It U not otleu that a suddon shock is fatal
so quickly as in the caso of a Nevada man
tl other day. Ho had beeu a heavy drink
er. lie eutered a saloon and called lor a
gUs of liquor. The bar-kteper gave him a
giss oi water ami he itrank It, A moment
f.erward he fell dead ou the lloor. J
PJAOH PLUM,
, XiioItnllnn Iruuc,
And tbo bct varieties of
IMum,
Prune,
fetich,
Apple,
Pen i'.
Cherry.
Nut and Shade Trees.
IN FULL ASSOKTMENT.
Send for Descriptive Catalogue.
T. O. SULLIVAN.
ATTORNEY AT LAW,
oriu rtocaE, salem.
S. E. comer, at bcail of ttalr. teliy
Administration Sale oi Land.
BK, or.dcr.0 ,ho Comity Court of Marlon ic-tinty.
State of Oregon, mailo Apill lltb. I!17, 1 will full
at public anctlon tho rollowlns real property, bclonc
Ins lotlie ctaio of Ilrury S. aiaytiiM, lUccarcd ; Tbo
N. nairofLotOandilfo llloclc -I. having a barn
tliorron; Kpt No. S. bediming 30 feet W. aud 0 feet
b. or tho . V . corner of Water and Third Street lu
tbo town or bta)ton.thcnco 8. fctft. thenco Mdeg.
JOtnln. W.tcifeet, thcncoN.Mdes. 33 mln. W. if
foet, thenco E. Its fecttn ptacu orbeclnnlnjr, In tract
to tult pnrchaerfi Lot No. a. a feet wldo on tbo S.
jldo of tho Mulkey Woclc In tbo town or Stayton; Lot.
No. I, til feet wide on tbo N. !do oftho Mulkey block
aforcMld: Lot No. ?. beg'.ticlng CO feet B. of tbo N. K.
luiuvr , uiu .iuim-j oiock in siawnn nroreraid.
thenco E. 153 feet, thence N. til feet, tbenco W. 1
feet, thenco S. 01 rut to placo of becln
nlngi Lot No o. bcglnnlra ro feet E. if tho 8. V.
corner of Illsh and 3.1 Street in b'tnvton aforesaid,
thenco N. lOfeet. thenco np tbo W. V. Mfc. Co.'
dllch Ita feet, thence S, ?) leet, ihenco W. 1) feet t
Plico of beglunlng: I,ot No. 7. a piece of land 62 fcit
fronton tho S. ldo of the btayton ditch, and on the
vct of I'owcll.V Hocye' wasoa ihop.tbo tamo being
location for w.iter.pjwcri'. and runnlnirS. about -tu
feet to ec. line of ec. 10 and 15; Lot No. 8, n rtrli.
of land ) feet w ido and Sib feet lun, Ivlii" on tbo N.
lde ol O. W. Culca' land and prctvi.1 reddenco in
bUytanaforetald:
Lot No. 1. besliinlnt; ni feet E. of tho S. E. corner
f tho Mulkey block, thenco S. IW fiet to bank of
btayton ditch, returning then to bcalnnlns point;
thuice i N. 1.M feet, thenco E. SI5 feet, tbeceo N. las
lect. tbenco E. 201 feet, thence S. w deg. at mln. E.
S-JI feet, thenco S. 39 feet, thenco South Westerly,
meandering tho btaywn ditch, to tho S. end of Ibo
rtrstnin line at tald dltcb; containing 3.13 acre,
more or let, tube old In tract to inlt purchaierf,
and tho ater-power tract will bo fold with ilcbl
of water of IS Inche nrder a two foot btad, or other
wife a may beamed on at the tale. Said Und all
lie In, or adjoining, tho town of Staytcn. In Marlon
county. Orcoon, and will be told on bATURDAY tho
19th day of May, Ml. uron the premUe. forgold coin,
oue third dowu. one third In three montht; and the
other thin! In fix moutht; pajuuut of note tccurcd
u iuuriKSL-is vn mu preuiue purchased,
bale will co.uuicnco at 11 a, ni.on tald
api3w I
dav.
(J. W. LAlVSOS.
Admlnlitrator of tald Etatc.
Citation.
In the Countv Court of the State of Oreton for tho
c?,an,y,4 Mtrl0,?- Jntbematlerof the Gnardlac-
Iihlp of Gxrgo I'arker, a minor.
T appearina to tbo Court, from tho petition this
day prctented and n!cd by J. W. Tbornbary. jniar
dian ot the perfon and e.tate of Ueorce I'arker. a mi
nor, to bo neccHary that tho land of fald minor de
crlbeda followf, to wit: the one undivided one-Uth
o' be donation Laud-claim of Ilenry Martin and
wife in beciion. J, 10, and 11, In T. 8 N., It. 0 W. or
Willamette Meridian, according to the plaVand turvey
of the United State returned to the onlce of tb Sur
eyor General of OreKon; aldlnurct belnc all the
RWn of fw Tarkcr a one of the heir or
i.... ,A. '. 7 '."V" u"; ' r ..'.' .
""""i 'yiji urcsooi icuaia oe foja; ll If
ordered that the next of kin of ald minor.
It I hereby
nnr anil all
perton lntervted In raid ettate. appear before this
. r- . """"l"' " uoue. is, j, ai one ociocxin
the afternoon or tald day, at thn conrtbocf o tn tho
city or balem, in Marlon county, Orecou, thin and
t aire to how caue w hy a liccn thould not be (Trail
ed a!d tuardlan Tor the ul of the above-decrlbd
land, acd that fervlco of this order bi made on all
pmlc iutcrtcd in ald eUte, by publication In tbo
iLuitaTTsijiiiMri:.anewfPaperof central clrcn
Utlon, pnbiukcd weikly lu tald Xtarlou county.
Uitcd tai, llth day or April, 1877. KV"ai'
bl J. C, I'EEBLES, Connty Jndfif,
M
y .; t
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4
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