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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Jan. 25, 1912)
PAGE SIX w.r MEDFOUD MAIL TRIBUNE. MEDFOUI), OftKCiON THURSDAY, .TANUATJV 25, 1912. BRYAN HANDS IT ONE TO HARMON Redhat Denunciation of Governor of Ohio Is Published in the Commoner Says Claims of Executive Are Unfounded. Attractions at the Medford Theatre SCENE FROM "THE ROSARY," OPERA HOUSE, TUESDAY, JAN. 30. LINCOLN, Noli., .Tun. 25.- Kedhot denunciation of Governor ltnlon Hnrmon of Ohio, one of the candi dates for tlio democratic politic.il nomination, is made by William .1. Bryan today in tlio current isuo of tlio Commoner. The nrtiolc says: "Fifty measures, many of them distinctly of a progressive uatnre, l ailed to become laws in Ohio be cause, the governor did not sign them within tlio period required by the constitution. Now the malingers of the Harmon campaign are endeavor ing, through the medium of circulars and onmphletK, to induce the people to nccept him as a progressive demo crat. "The pamphlets arc intended to ahow that Governor Harmon's strong personality and leadership is re sponsible for the ennetment of splen did laws by the 1911 session of the Ohio legislature. "A number of the claims urged in the governor's behalf have been proved, by the record of the session, to bo unfounded." HIHHgnLVKr' ji i rri KWinBttdKV&llM -.- v Jia .r-VSS b4,vvn WBHwHlinnHHHiliMl HBBBra9BSHHHHHov - HEAVIEST RAIN OF YEAR FALLS During Present Storm Over an Inch FallsPrediction for Friday Is for Clear Weather To Be Colder Soon. "The Kosnr.v," as priM-kdul ' Rowland it Clifford, 1- repeating with as much success as the play had in its debut last season It will be seen at the Medford theater Tm"da, Janunr.v 30, with a i-at including Harrison J. Terry as Kather Kelly. The theme of the ploy concerns a man and a woman happily married. They are surrounded with every lux ury of wealth and hnppinex. 'Hut the husband is mi unbeliever, an atheist without f.uth of nv kind. rhere 1 a jarim.; 'sole 11 the house hold Itumimiv. No line notice- it un til a Irit-nil ot (lie luisliauil comes, Father Itrtnn Kcllv, a priest of the modern world with a deep insight into human nature and a divine loe for hi- feltuwlnnu. And when trouble comes, when the home is wrecked, and husband and wife are brought down to the depths of suffering agony, it is the priest who restores both into the sunlight ot hope and loe. DECISION OF THE SUPREME COURT WHICH KNOCKED OUT ROAD BONDS "With 1.11 Inches of rainfall re corded at noon today tho present storm has proved tlio heaviest ot the season. Colder weather Is predicted for to night and clear weather Friday. NEW BUILDING AND LOfSN ASSOCIATION The Pacific Building and Loan as sociation of Tacoma has organized a branch association in Medford with the following gentlemen as the local advisory board and managers: W. I. Vnwter, president of tho Jackson County bank; G. L. Davis, president of tho Farmers and Fruitgrowers' bunk; H. C. Gumett of the Garnett Corey Hardware company J. H. Cooley, president of the Medford Lumber company; II. A. Thierolf, vice president and manager of the Big Pines Lumber company; the V. T. York & Co., real estate dealers, and the Builders' Specialties company. J. P. Butler of 720 Wet Fourth street has bean appointed solicitor for tho company in Medford. The association guarantees 7 per cent to investors, but it has never paid lesn than 11 per cent. The association will furnish outside money for loans on Medford properly. MISS RUTH M1DLE TO BE MARRIED SOON (Continued From Page Onei Cards are out announcing the com ing marrlago of Miss Ruth McArdle, tho beautiful und accomplished daughtor of Air. and Mrs. John Do Solos McArdlo, well and favorably known pcoplo of Medford and Los Angoles, and who have extensive orchard Interests near Medford, to James Ralph Canterbury, a promi nent young attorney of Los Angoles. The ceremony Is to take placo at Christ's church, In Los Augolos, on February 7, to bo followed by a re ception to tho young couple, Mr. and Mrs. Canterbury will ro aldo at 427 Alvarado street, Los Angoles, where tho groom has pre pared an elegant new homo for his brldo. Thought Suffrage a Joke. PORTLAND, Ore., Jun. 25, Wom an suffrago carrlod In Washington Btato two years ago because the men "voted for It as a Joke," declared Mrs. Mary Stevens of Puget sound, addressing Oregon suffragettes here. She wants Oregon votorB to play tho same Joke. a question can be worked out in that manner. As stated by Judge Bean in Slate ex rel vs. Rion. 20 Or. 303, ''an elec tion,, iu order to be valid, must be held iu pursuance of the provision of some law authorizing it, in force at the time. There is no inherent reserve power in the people to hold an election." Iu that cae the act incorporating the city of Portland provided that the governor should appoint a board of three police com missioners who should hold office for one. two and thrco years re spectively from the first Monday in July, 1SSS0, their recneelive terms to be determined by lot and, com mencing with the general plectiou to be held in the citv on the fVird Mon day in June, 1SS7, there should, be elected annually one commissioner who should hold his office for three years and until hie successor should be elected and qualify. All va cancies wore to bo filled by appoint ment made by the mayor with the consent of a majority of the conn cil. The commissioners were to take the oath of office required of the other city officers and enter upon their duties within 10 days after their appointment by the governor or on the first Monday in July succeeding their election when elected by the people. Joseph Simon was appointed by the governor one of the corninw- sioner and secured the three-year term 111 tho allotment; before his term had expired thu legislature amended tho act creating the com mission. In sub-dance the amend ment was the same a the former net except that all provision concerning appointment by tho governor, term of office, time and place of election of those officers wore omitted mid the following inserted iu lieu thereef: "The police commissioners now in of fiue shall hold their respective offices until their successors arc elected and qualified." The mayor's power of appointment was also limitod to vacancies caused by death or resignation. At tho city election following this nmendmont. Itichnrd Evordmg was a candidate for tho office of police commissioner mill rcceivod nil the votes cast for in that case in this way to the mat ter in hand. The legislative power of the state has prescribed with great detail a manner of electing public officers and by the initiative and referendum system and legislation in pursuance thereof it has provided a maimer of voting upon legislative questions by the people, but it has not in any manner established n method of taking a vote upon the question of incurring indebtedness by counting iu excess of the origiuul con stitutional limit. 'For the reason that the authority to declare the time and maimer of conducting such elections UMn such a question is vested in the law making Mwer of the state, either in the legislative assembly or iu the IMjople at large, and that no such ac tion has been taken, no prerogative is vested iu county courts, to call an eloction on such a question. As a restraining, negative force, the amendment in question is self executing. The mere fact that debts for iwmnanent roads shall bo incurred only on approval of the majority of those voting 011 the (Uiostion, does not give affirmative authority to incur such monetary obligations or to hold an election for the purpose of ascer taining the will of tho people on the question. Kven if wo could imply poitii- authority from the terms of the ameiidiaont, the utmost that could be said of ti is that it enunciates' the priuciple but does not promulgate any plan for carrying it into effect. A ('(institution usually duos not deal with details of execution mid for con structive purposes it cannot be held to be self executing unless it pro vides a reasonable procedure for that purpose. As said by .Justice TCiikin iu Stevens vs. Benson, SI) Or. 2IJ0, !)l I 'ao. S77, "A constitutional provi sion is said to do self executing if it enacts a sufficient rule by moans of which tho right given may bo en joined and protected. The language used, rr well as the object to bo ac complished, is to bo looked into in ascertaining tho intention of the pro vision." See also Long vs. City of Portland, 5!l Or. 1)2. In Cooloy's Constitutional Limita tions, jRoveuth edition, pago 802, that learned author very aptly says: "Tho voice of tho people acting in thoir soveieigji capacity can bo of legal force only when exnrossod at the nouueed by Iho luneiidiuenl that debts 1 for peiniuuenl roads shall bo in curred only on approval of the ma jority of those oling the- Urs turn, vet necause the tiniendinenl did not provide a means of ncertiinlng the will of tho majority of those voting on the question, and none has been otherwise unthorUed by legisla tion, the constitutional amendment alluded to is not in tliut respect self executing an dthe will of the major it v was not legu.li scerlaiuod by the proceedings of the county court iu respect to the election mentioned in the answer. The restriction upon the creation of debts for the purpose named was not legitimately removed and hence the election did not amount to any authority for the county court iu it- attempt to issue and nego tiate bonds. I nder the legislation ns thus fur adopted iu this slate, no county is authorized to borrow money or to issue bonds. The legislative power has prescribed the form of the obli gation of tho county for its indebted ness to be in the shape of county orders or warrants. Thi being tho rule for evidencing iudebtednes.s ' the county it must he held to exclude every other method iu tho absence of further legislation. lpoii good reu- mii, there is a very material differ ence between borrowing money and incurring an indebtedness. As very fittingly suid by Justice Selden iii Ciolohuui vs. City of Buffalo. II N. V. ;t.(i, ,'100, "u critical examination will show that there is a very ma terial difference between the two. If the power of the corporation to use its credit is limited to contracting di rectly for the lU'coniplUltiucul of thej object authorized by law then the avails or consideration of the object authorized by law cannot be diverted to any illegitimate purpose. The con tract not only creates the fund but secures its just appropriation. On the contrary, if the inouv tnnv be borrowed, the coqxiration will be li able to repay it, although not a cent may ever bo applied to the object for which it was avowedly obtained. It may be borrowed to build a market and appropriated to build a theater. nud yet the eorjHiration would be 11 sponsible for the debt. The lender is in no way accountable for the use inndo of tho money." It is not necessary to decide here whether counties have the authority to legislate under the provisions of section 1 (a) article IV of the con stitution, for it U not pretended that Jackson county attempted to engage in legislation according to the plan delineated by the, enabling net of 11)07, L. 0. L. .paragraph .1170 ct eq, or otherwise. Tho procedure was purely administrative in its nature and not legislative. (These defend ants seem to have assumed that it was lawful to issue interest ben ring, negotiable bonds without reference to the present statute evidencing! county indebtedness by menus r.fj county orders.) The thing which" appears to have been done by the county court was to call an election' for the single purwso of nscertam ing whether tlie majority of those voting at that election iisn the ques tion submitted would approve the Cro atia nof a million and a half dollars of indebtedness to be secured by bonds issued for tho purpose of bor rowing that amount of money or so much theerof as might be necessary for the puroo of constructing per manent roads in the county. No initiative petition innugurnting any legislative process appears in the record. In deed it does not seem to be contended fur tho defendants that they observed any of tho rules pre scribed by legislation for the manner of exercising the initiative and refer endum powers reserved to the people of tlio several municipalities nud dw ttiels mentioned iu section I (a) ol artielo IV of tho constitution. (In our judgment, (ho distinction between incurring indebtedness and borrow yig money for uuy specific purpose is well founded iu reason, that iu tho absence of fiu'llier legisla tion upon tho subject no county is authorined to depart from tho rule already established iu respect to evi dences of county indebtcdnots, nud that, tho issue of negotiable iuloiest hearing bonds is not anlhoiined by tho law iu its present condition. For these reasons the decree of (he cir cuit court is reversed und 11 deeioe here entered iu accordance with the prayer of tho complaint.) BKAN. J, (Concurring)'-''! concur in the result of this opinion but do not give my assent to tho following expressions, namely: "It is clear, however, that until tho legislative Miwor of the state has doclatcd that an election shull br held on a pailicu lar kind of question no decision of such n question cuu bo worked out in that manner." This would appear that no enabling not has been passed. Ami further: "The legislative power of the stole has prescribed with great detail a milliner of electing public officers nud by the initiative and referendum s- lem and legislation iu purMiunco thereof it has provided a manner of voting upon legislutivo questions by the people, hut it hits not iu any manner established a method of tak ing a vote upon the question of in curring indebtedness by counties iu excess of the. original constitutional limit. For tho leasou that tho au thority to declare the lime nud man lier of conducting such election upon such a question is vested iu the aw making power id' tho state, either iu the legislative iissembly or iu the poo pie at large, and that no such action has been taken, " And " yet because I lie amendment did not provide a menus of uscertainiiig (he will of the uiajor-l ity of those voting on the question, and none has been otherwise author ized by legislation, " My views umiii a kindred question urc expressed in an opinion Ibis day rendered iu the case of Schubel vs. Olcott, mid it is uiiueressary to fur ther indicate them here. JJAKI.V, C. J., nud MeBlMDi:, J. We concur iu tho result reached by Justice Burnett, but are of the opin ion that the county can, by u local law submitted to the voters at a regu lar election, provide for creating an indebtedness and the issuance of bonds for the parjHtse of building permanent roads. Hnsktns for health. CHARLIE W IS NJURED Falls and Hurts His Ley So Serious ly That Ho Cannot Walk Is Bo Inn Broiinlit In Tntlny From Wnst-vlllo. Italy maintain:; she was right Still Holds tlm 20 Turkish Boil Cross Nurses Captured Abonnl tlm French Merchantman Manoiiha Will Submit Matter Iu Arbitration. Charles (lay, who is in ohni'KO id' the commissary at Wostville, Honor Camp N'o. I, had the misfortune to fall Wednesday and so seriously in jure his leg that ho is unable to walk, lie is today being brought in from the camp for medical treatment. Particulars regaiding tho accident were not slated. HUNDREDS OF DESERTED CHURCHES ARE IN OHIO COH'MBl'S. Ohio, Jan. 'Jl. "Sin tisfies show that theie are over ;itUt deserted nud unused chinches iu the slate. Fil'ty-llve townships report no church members under 'J I years of age, and lilt) townships repot t no members under IS your of age. - "U'luit is the unison?" usks A. P. Snudlos, secretary of the stale boa id of agriculture, iu a general loiter In ministers of Ohio. "Country church attendance bus decreased. In many places there is only a 'meeting house' instead of a church. Ministers are talking to too many empty benches. Social faim life is disappearing. Drift towaid the city has decreased the population in four-llflhs of our rural township,"! rnuuics couiiiiuoa. "Weeds instead of flower and shrubs disllgure churchyard. Too inaiiy young people are without in stead of within the fold of the Sun day school and church." .Sandles hits also stirred up the people oil the subject of country schools. "There are too many frills in the schools," says Saudlos. "Touchers tell me that their pupils know very little about tho inistory of their own country and their own state. They arc taught too much about Africa and ItO.MIJ. Jan. U. -Malnliilulug her right, under tho International code, of capturing nud Nimreblug vodhoIh of iieuirnl tuitions when thuy nro sus pected of carrying 'contraband of war, Italy I nut today preiieutcd to Franco her vIcwh 011 tho coutiovnrxy, nud oxpioMMod her wlllluuiiiws to atbl Irate tlio matter. KI10 still holds, however, tlio ait Turkish red crow iiurscH captured aboard tho French merchantman Mauoulm. Prouder Olollltl, Foreign Minister Marquis dl tftill OiiIIImiio and tho I'reitlli ambassador to Italy, t.'amlllo llnrrere. conducted tho uoKutlittlous. Duly has signified her wlllluguess In submit tlio cane to 'I bo Itiiguo tribunal and to pay Indemnity If found guilty of n broach of the In ternational lawn of war. POItTI.ANI). Ore.--According to a IIhI of (may lie) roadsters, compiled by Mannger Williams, thorn prob ably will bo 3fl prospective diamond Mtars Iu bis squad when tlio Portland Northwestern league team gosa Into spring practice. Of llioso, 27 will bo regulars and tho riomiiudor aspirants who will try out for tho toum at their own expense. Asia and not enough about tho United States. "Itopnrl received from 'JflllO ilollOol districts Indicate that school are not doing mm good work as IS years Hgn, nud that there is not enough of good old three Its --rending, 'riling and 'rilhmetie Inughl," Saudis con-eludes. Haaktna for hcnltn. IfsHihArJt vsvwwtvwey 0 7 Skefed at rouNTAiNc.Horcin.on cLacwHcnc Gel the Original and Genuine HORLIGK'S MALTED MILK "0ticb&aic Jmitatitfn The Food Drink for All Ages RICH MILK, MALT CJtAlH EXTRACT, IN fOWDU Not in any Milk Trust Insist on "HORLICK'S" Toko a paobdtfo bouts MOTHER GRAY'S SWEET POWDERS FOR CHILDREN, ACorUlnlUllaMorl'nverlfhnra. CanMlpntlaa, II bm lnr he, -m w n u u wm a rriniiiM rrm, nd Driitror Mtouinrli Traub iilnarti Wo iriim. -ihtilirruu up ." tnoun. aiii Ol M-M.ila .nftllftri Sill tnriubttitut. A. S, OLMSTED, L Roy, N.T. 1UlIfttB- li.4lhn.rt. Don't sectpt Himjil mill K HDruMHti. 11CI4 IIKIt AclOIMI, A Man Who Has Something to Say DR. WM. PARSONS, D. D. OF PORTLAND Will be heard at the Presbyterian Church in six days vvvvvvvv ' tho office. Tlnviior InIv minliflcil. l,n donmuded from Kinion iho possession ti,ll0s "'"I ",1(-'i" " eowlitioiiK which of tho office which was refused. lll0v ll'onisulvos have proscribed and You Can't Be Unlucky AT THE Golden Rule's Big Package Begins 9:00 A. M. Friday, January 26, 1912 Sale HaBldnd for health. lienco tho proceeding in that case. Although tho act provided thul'tliv police commissioners should hold of fice until thoir successors were duct ed and qualified; although (here wan a provision yi the charter for a non cral elootion at which oilier officers should bo elected, yot inasmuch as tho act did not provide for an elec tion for tho particular office in ciuoh tion, Iho court, a ft or mature coij- Isideration, iu 11 carefully reasoned opinion by Justice I loan, held that the election at which Kvordinjr was a candidate and received all the votes was a nullity and conferred no right I lipui llllll IO l IIC (HJll'C III (IICiIIOll, I Wo apply the principles announced J pointed out by the constitution, or which consistently with tho constitu tion has boon proscribed nud pointed out for tltuni by statute and, if by any portion of tho people, however large, an attempt should bo made to interfere with Iho regular working of tho ageiicios of government at any other lime or in any other modo than as allowed by existing law, cither constitutional or statutory, it would bo revolutionary in olmracler and mutt be resisted mid reproved by tho officer who, for tho time buiug, reprosonts tho legitimate govern ment. Wo conclude, (hen, thai nohvilli Htuiiduig (he principle liny been nil- ... A. Jk. . A. AAA A A A A A A A A A A A AAAAA.A.A A A A "VVIKVVWXHVVVVVVVVXK A. ? ! ? X T f T r r T T f T T T t ? T T T T ? T T t T T T r T Tlundrpds of packages, continuing Ladies' "Waists, less Hum HOo worth in any package, and some am Handlings, Belts, 1 Tats, Music Rolls, Humidors, Pic- worth up to 5.00. In the entire lot there are not turns, Rain Capes, Blankets, lUen's Shirts, Shaving over a dozen packages but what contain over f)0c Mirrors, Pipe Hacks, Jewel Cases, Bed Slippers, Embroidered Hose, Bath Rugs, Cloves, Tapestry Bags, Velvet Bags, Cigar Jars, etc., etc., etc, YOUR PICK OP THE BUNCH FOR 50 You can't get worth of merchandise. Bo suro to buy a package You can't lose. No exchanges made. No money refunded. THE GOLDEN RULE AKINS, BENTON & CO. f ? V T T f T T T f. f ? T f f t T T f T T f f T T T T T T I A U A h u r- i$ "v r ' 11 ..era.., ww