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About Daily capital journal. (Salem, Or.) 1896-1899 | View Entire Issue (Feb. 18, 1896)
Jt",'" B5IEY Hp-mJUUm , iiMlwi 0.,OV. -ti Jf f XASSOClATiii PRESS DA.IIv .-jrr-". rOL. tt. SALfcM, CfHXGOitf, TVSpAY, FEBRTJAKY 18, 18. JNO. 44. 7Y V l Tr ; uajr r if 1 Ml E 1 1 1 ' ' ' ' 1 1 1 1 is offering all its stock of winter under wear for ladies, gents and children, at greatly reduced prices to close out these lines. We offer the best alWool scar for men at 75c, former price Sit the best albwool scarlet for ladies at 65c, former price 90c, Excellent natural wool underwear for ladies at 55 to 65c, former price 70c and 85c, Wc offer as a special bargain good merino uiv derwear for ladies at 25c, former price 35 to 45c, These arc special bargains. Wc have many other grades all reduced in proportion. Wc have childs' good merino, small size, pants for 5c, Also a choice line of mcn's.boys' and youths suits, and a large line of men's, women and childs' "Star 5 Star" shoes, all at very close prices, Call, save money, a: 15 ft v a: ("III .T.BARNBS. No Trouble to Show You ardwar e, Tinware, Barbed Wire Blacksmith Supplies, Stoves and Machinery-fat RAY n Famine our large and complete courteous FULL LINES OF , , , Little's satin finhh and cobweb cntbon, paper, . InbUcMirueanUpurpler ' Little's and Underwood's typewriting ribbon, all colors and sues. Typewriting oil and erasers. Stenographcro pencils and note books. Also Star automatic paper fasteneis, F, S, Dearborn, COLLEGE of the Willamette university. ETBNDER NEW lern'method. Up to date, ,Same as in but.thc best isicood eno'uchl for tbecinners mb . W. C. R. A EMIL ' Struck the bottom with a hard thud and busted prices wide open Don't fail to take advantage of this oppoiv tunity to buy en's $10 Mackintoshes for $5 ysf $6 Macintoshes for $3,50 And all other proportion. the store occupied by G, W. JOHNSON & SON, r y I, R, ALLIN, W RACUr 1 1 1 1 1 1 1 1 1 1 1 1 1 X v X v X X " a: Through and Give Prices. V ' BROS. stock. Always prompt and treatment, I V4 SOLE AGENT. OP MUSIC MANAGEMENT. - the eastern and European Conservatories m well as for more advanced pupils, IIAWLEV. President HtRITAGE Vocal Director L WINKLER, Instrumental Director. "" x X ts sat" 4 goods in same Call at once at v 1 w. S AGENT MORTGAGEE. . . K The Red Gross Society Rolieving the Armenians, San Francisco, Feb. 18. The steamer l'ekln from Yokolmmti ar rived this morning and brings the news that another rebellion has broken out In Corca. The insurrection was caused by n royal proclamation requiring all Corcans to sacrifice their queues and wear their hair in the western fashion. IIIIAVR CLAltA 11AKTON. CONSTANTINOPLK, Feb. 18. Miss Clara Barton, president of the Ameri can ltcd Cross society, has arrived here, and Is organizing a system for the distribution of relief to the suffer ing Armenians. FIFTY MINERS KILLED, Explosion intho Vulcan Mine Does the Work, The Accident Confirmed, but No Particulars Received, Denvkk, Feb. 18. A special to the Times, from Glcnwnod Springs, Colo., says a terrible explosion ban occurred in the Vulcan coal mine at Now Castle, and that f5 miners aro report .eel killed- , The Vnlcao.mlno Is owned by tho Atchison, Topeka & Santa Fo rallrcad company. Usually,8ovcnty men wero employed. Tho news of tho disaster is confirmed nt tho oillco of the company, in this city, but no particulars have been learned. A OA8 KXPL03I0N. A special to tho Times from Glen Wood Springs, says: A gas explosion occurred in tho Vulcan mine at Now Castle, Just before noon, when thero was between lifty or Blxty men in tho mine. At the mouth of tho shaft, a hole a hundred feet square was blown. Ed. Welch, who was near tho mouth of tho tunnel, was blown to atoms. Timbers two feet square wero blown Into Grand liver, 4000 feet awav. It is almost certain that all intho mine perished. Smokois rushing from tho shaft in black clouds, preventing entrance. Fans were tho only means of supplying air, and when thoy nro destroyed tho lasthopo any men being found alive is cut off. In Congresi. Washington, Feb. 18. In tho houso today Nowlands, of Nevada, presented a resolution Instructing tho ways and means committee to Inquire what effect tho differenco of exchange between gold and silver standard countries has upon the manufacturing Industries of tho United States. 'Tho Pacific coast" ho said, "was now threatened with an invasion of tho products of tho cheap labor of oriental countries, especially Japan, and tho increaso In tho price of silver would take from the orlential countries tho advantages they now possessed." The house resumed consideration of tho agricultural appropriation bill. An Assignee Suicides. Indianapolis, Feb. 18. Charles S. Mazwarthy, assignee of the American Longue Co., was removed from his trust today by Judge Brown, for fall ing to appear and produce hie reports. This afternoon Mazwarthy was found in his room suffering from a fatal wound, self-inflicted witli a pistol. Amelic Rives Married. Charltonsvillk Va. Amelle Rives chandler and Prince Pierre Fronbetzkoy a Russian nobleman, were married this afternoon at castlo hill, tho home of Colonel Alfred Rives father of the authoress. Forest Grove Nuby. Wabiiinoton, Feb. 18. Tho prcsl dent has nominated J. W. Wheelock, of Washington, as postmaster, at Forest Grove, Oregon. Children Cry for i Pitohar's Castorla, QUEUES MUST GO, A Corcan Edict that Causes a Rebellion. ROYAL ORDERS RESISTED t Bank Robbery. San FXS6tBco, Feb. 18.-Thrco masked nveN;j entered the iMarkct Street banHjS'Hunall Institution In tho Sprccktcn biding, shortly after 10 o'clock thtsjttornlng, and ordered Cashier Hojiwisnnd llookkoper Hay hurst to throwkip their hands. Hop kins who WAJTAt the counter, refused, nnd one roW llred.tho bullet pass ing his healjhul striking neither oftlclnl. The'jbbon tnen seized the two bank ofrlcHAla and hustled them Into tho vaults Hastily dumping tho pile of gold otlijjthe cashier's counter Into a sacktUtcy escaped, though Market street1 was crowded with passing peoplo!jre It Is supposed that they secured onySSOO. Mexican Justice. El Paso, Te&Fcb. 18.-Uovernor Ahumada lefl Juarez last night for Chihuahua, aftemaklng this solemn declaratien: "Should the lighters give battle on Ovthuhuan soil, I will arrest tho prin&foals, betters, spec tators and newspaper correspondents and not one ofhem will escape a three years' sentence In prison." A TERRIBLOH0L0DAUST. Factory in Troy Burns- Many Lives AreiLost. Bravo Firemen Loso Their Lives Fighting the Flames. Thoy, N. Y., Feml8. A small boy, carelessly throwlngjji match Into a pile of oily wasto, n mass of flames and 300 girls and women frenzied with fright, lighting forllfo as tho hot flames chased them with hungry tongues, was tho beginning of a lire last night which consumed thousands of dollar' worth f property and caused tho destruction of many lives. Within 20 minutes after the lire started there wero tliVec dead women laid upon tho flour $f an adjoining store, nnd at lqast'a dozen burned and maimed girls and .wnmcir taken to hospitals or to tholr homes. Of tho 350 girls and women In the building, It Is presumed that nt least half a dozen nro in tho ruins, for It Is Impossible to locate all, and there may possibly bo n scoro of dead. It was Just 30 minutes before tho closing hour in Stctthclmer & Co.'s shirt-waist factory on River street, and tho 350 girls and women wero working rapidly to finish up. In tho cutting room, on tho fifth floor, tho 160 girls wero closing up tholr day's work and preparing to loavo when the whistle blew. Lilllo Krolgcr, who was working near a machine, called to a small uoy to ugnu tlio gas over her work. Tho boy struck a match and throw the burning stub to tho floor. It struck a pilo of oily rags, and in nn instant tho girl was envel oped in flames. With her clothes and hair burning, sho rushed to tho win dow, and at once the room beenmo a struggling, shrieking mass of human ity, tilling the windows, tho flrc-es- capes and the only stnirway. Jam ming and pushing, tearing each other's clothes from their backs, turning In narrow corridors to And a sister, or mother, or friend, tho number in tho exits augmented every minute by those from the lower floors, thcBo girls and women fought fbr their lives to get away from tho flames which seemed to be growing to n monstrous size. With raro presence of mind, Poyce man Farrell, who was on tho street, seeing that in tho panlo a number wero liable to Jump, let down tho awning over the entrance. Haidly was it down when two or tlireo forms came flying down from tho fifth and sixth stories, and, bouncing from tho awning, fell to the sidewalk. The loss by flro was from $330,000 to 1100,000, with about 9200,000 insur ance. At least 500 people aro thrown out of work. The ilreman worked with tho thermometer balow zero, suffer ing very much. THE LATEST. Troy, N. Y., Feb. 18.-Soveral flro engines are 6tlll pouring water upon the ruins of the burned building. If any victims are still in tho ruins it will be impossible to rcscuo them for borne hours, perhaps not for days. No additional names of missing people have been reported. i II -- i i inia Dillon Succeeds McCarthy. London, Feb. 18. Members of tho IrlshParlainentary party today elected Dillon their new chairman to suc ceed Justin McCarthy, by a vote Of 37 to 21 . Children Cry for yMfe-thar's Qatriiu A n-EHEAlG AM Raises Another Insurmount able Obstacle, THE EASTERN ASYLUM. Motion Filed in tho State Supromo Court Reasons Assigned, i. motion for rehearing of tho East ern-Oregon asylum case was lllcd In he supremo court yesterday, signed ly James McCain, district nttornoy of the third ludlclal district, nnd II. J. Bigger and W. II. Holmes, of counsel. Tho following reasons aro assigned: First. A careful reconsideration of that part of tho court's opinion, relat ing to tho appearance of the district attorney, on behalf of tho state, aim appearing therein, in his otllclal capac ity Is respectfully submitted, It will appear from tho bill filed herein that the stato of Oregon, on re lation of A. C. Taylor, was tho plaint iff In tho lower court, nnd tho i"c- spondent here. Tho bill Is signed by James McCain, district nttorncy for tho third Judicial district. Surely tho district attorney docs not appear for A. C. Taylor, as a citizen, but he must appear for and on behalf of the state of Oregon. If Taylor Is tho re lator herein the stntoof Oregon must be tho plalnttlf, nnd Taylor bo men tioned or appear In the caption his name may cither be treated as sur plusage, or defendant may move to strike out tho name of Taylor; but when this has been neglected nnd tho enso Btnnds beforo the court, with tho stntoof Oregon as plaintiff, repre sented by tho district nttotuoy In his ofllclal capacity wo .t)tjnkjllilfi.cuu elusive, and tho defendants caiinftC come Into any court of equity com plaining that they havo Buffered any Injury at our hands. It Is n well sot tied rule that equity looks at tho sub stance, and will disregard names, and penetrate disguises to discover and deal with it. Second. Wo bcllovu the complaint lllpd in this suit is suscoptlblo of n different construction from that placed upon It in this opinion so far as tho plaintiff is concerned. Tho complaint trcnts all tho way through with tho "funds of tho plaintiff," considering more than is indicated In tho opinion, viz: That tho laws passed by tho legislatures of 1803 and 1805 were unconstitutional. It -goes further, and alleges that tho commis sioners who are named In tho bill are about to expend largo sums of money of tho plalutilT's In tho purchaso of lands at some polntcast of tho Cas cade mountains, for the purpose of constructing what is alleged to bo a branch Insano asylum In tho eastern portion of tho stato, etc. If tho stato of Oregon bo plaintiff and bo In court by u chosen otflccr of Its people, tho district nttornoy, and largo sums of money aro about to bo expended in tho erection of a building, under a law which Is unconstitutional, surely an Irreparable Injury must bo dono to tho people. Ho monoy whether on bchnlf of tho state of Oregon, or a private citizen, can be expended under n law contract which Is unconstitutional, or Illegal, without doing party Interest irre parublo lnury, and thereby tho ques tion for Judical cognizance becomes ono of personal or property right, Third. Wo deslro to respectfully call tho court's attention to that part of its opinion In which It nays, quot ing from tho authority of Rllssjudge, where tlio wrong is u public ono, suit may bo brought in tho name of the stato by lt proper representatives, and that under our statute, that rep resentative is tho district attorney. This is supported In tho opinion by numerous cases of which tho court is familiar. Now if tho state of Ore gon bo plaintiff, which wo believe wo have shown conclusively, and tho plaintiff Is represented by tho district attorney, a ejioson agent of tho people and tho representative under tho statute, and In our state, under tho constitution, then surely it must ap pear to us that tho question of equity Jurisdiction is settled and Jurisdiction I must attach. Fourth. If, however, the court 1 should conclude that the state of Ore gon, is not plaintiff, and that the action should bo brought on behalf or of tho attorney general, wo would re spectfully call the court's attention to the fact that the constitution pro vides that tho district nttorncy shall act on behalf of the people, and there fore represents them In their sovereign capacity. Is tho samo rulo applicable under our form of government that has been laid down in tho opinion cited, regarding tho cxorclso of sovereign power, and tho authority of tho attorney general to act V Wc think tho rulo must bo reversed (Then follow arguments and-nuthor-ltlcs to sustain tho contention that the citizens' In this country retain nnd exercise all tho rights of sover eignties in imperial governmonts,and that Taylor, tho relator lit this case, enjoys tho sovereignty nnd is a propor party to bring suit; also arguments and authorities In dispute of tho posi tion taken by tho supremo court that tho legislature had a right to provide for tho location of public buildings and appropriations for the same, tho motion claiming that such power In thoMcglslaturc must be ex ercised strictly In accordance with tho constitution) after which the motion continues as hereafter follews: It cannot bo contended that tho legislature would havo tho powor to determine- In Its wisdom nnd Judg ment that tho cnpltol located at Sa lem should be changed and located at Eugene or Albauy, or Portland, yet If tho question of location of public buildings under section 3, nrttclo4of tho'constltutlon of this stato is a po litical right and involves no property .or personal right, and this doctrine Is laid down and established by tho su premo court of this state, tho samo rulo carried Into clfcct would allow tho legislature to make theso changes, and mako without fear and un trampled by any power of authority within the stnto of Oregon. Sixth Wo deslro also to call the court's attention to a part of its opinion in which It stntcs that "it is not claimed, nor can it be, that tho objects and purposes of tho acts In qucstlon,aro unconstitutional, or that tho defendants threaten to apply the public funds to an unconstitutional uso or to wasto or d Isslpato them." That tho objects and purpose of tho act In question nro constitutional wo 'will not for a jhoment dispute, but that tho defendants threaten to apply tho public funds to an unconsti tutional uso or to wastoor to dlsslpato them wo bellovo to bo unconstitu tional. If tho act bo unconstitutional all contracts mndo under tills net aro Illegal. If tho Btato's money bo paid out upon nn Illegal contract for any purposo In contravention to tho con stitution wo claim It Is dissipating and squandering the public funds. Undoubtedly that part of tho act directing tho appropriation of funds, and providing that this institution ahull bo buildcd is governmental and belongs to tho legislative department, but we cannot agree that tho facts In tho case Justify tho conclusion as a matter of law, that It would bo of no pecuniary Injury to tho stnto. Wo cannot understand If this Inw is unconstitutional, and surely tho ques tion must bo raised ujkjii the facts set out In the complaint, and admitted in tho answer, that tho question of prop erty right Is at once involved. Tho stnto as well an tho individual must suffer, when its funds nro expended in tho construction of a building when bullded Is nn Illegal structuro, con tracted for without warrant of law, erected In violation of tho fundamen tal law of our stato and with no authority except that of non-Inter-fcronce. Seventh. Tho Importance of this case ho far as It affectH tho public In general impels us, notwithstanding the carefully prepared opinion handed down by this court, loagaln challenge its correctness upon many of tho points within suggested and main tained. Wo do 8Q with great respect for tho Judiciary of the stato and the opinions of tho present incumbents of our highest Judicial tribunals, with out for a moment intimating or sug gesting that anything but tho highest motives have actuated tho court in reaching its conclusions, but claiming for ourselves tho samo consideration, wo make this last appeal for tho prin ciples which wo havo advocated, with more than ordinary concern, because of the far-reaching effect of this opinion, which wo bellovo will bo tho result of tho Judgment of tills court, if it ultimately Iwcomcs the law of tho land. Highest of all in Leavening Power. Latest U.S. Gov't Report RfdMRjJS AMOCUYSiLY PUK It has novcr been contended by any -Judge or any lawyer of this stnto of any standing that tho express pro; Is Ions of tho constitution under which wo nro prohibiting inhibits tho con struction of publlo institutions at places other than tlio ecat of govern' ment. Section 357 of tho codo Is broad enough to nuthorlzo this action In Its present formir ucglvo Itthosaiuo Im port which tho spirit of our constitu tion nnd of tho statutes of the state Intend should be given. It provides "nn action at lnw may be maintained in tho namo of tho stato upon tho In formation of tho prosecuting nttornoy, or upon the relation of a private party against tho persons offending In tho following cases. 1. And when any person shall usurp, Intrude Into, or un lawfully hold, or exercise In the onice." Wo propose to argue to your honors and support our position by unques tioned nuthorlty, that tho words action at law and suits in equity aro conycrtlblo terms. Peter Feustcrmnchcr, et al vs. stato of Oregon, 10, Ore. 301. Any other construction would bo held that a right has been conferred and no remedy provided for tho en forcement of that right. This is In substance holding that the paramount law of the stato Is a dead letter. ThcrcHs another proposition which wo deslro to cnll the attention of the court to, which conveys to our mlnda an impression that your honors havo been laboring under a misapprehen sion of tho fncts presented for record, and that this court has misappre hended tho position wo havo occupied respecting tho same. Tho opinion recites that tho con tention of tho respondent was that tho money appropriated by tho legis lature for tho construction of nn asy lum In Eastern Oregon could bo bet ter expended on Cottago Farm, at Salem. This Is an obvious error, It Is not-withln tho province of tho court to make any suggestion n9 to wlicro tho money could most advantugcously bo expended, nor have wo over contended tor any proposition "heroin, nor will It hcreartcr bo contended by us that the publlo moneys can bo diverted from the treasury of tho state, by legisla tive flat, In tho very teeth of a para mount law of tho land. Wo deslro to again review tho find ings of tho fact mndo by thojudgo who presided at tho trial of this cause, and hear the testimony of tho witnesses. Wo think a careful perusal of the tes timony wll convlnco your honors that this Institution cannot bo constructed in Eastern Oregon, without a grcator outlay of money than If It wns con structed nnd operated nt tho seat of government In connection with .other llko institutions, and that tho per petuation of It In that locality will eventuate In Its maintenance a largo and extra biennial appropriation which otherwise could bo avoided. If this petition receives the consid eration which wo demand, and Its Im portance Involves, whllo it has been hastily prepared by counsel pressed with other professional duties and It wo are allowed the opportunity to present tho question again o'rally to tho court.we will promise a palus-tnk-Ing research of the propositions In volved as well ns a respectful presen tation of thorn. School Board Meeting. The school board mot last night with Directors Walto, Ohmart, John son and IJruco, Clerk ISozorth, and Superintendent Peebles In attendance. Tho offeror tho Wiley U.Allen com pany to sell organ for 10 was ac cepted. Request of J. A. llnscoe for assistance In purchase of books was referred to tho superintendent, with power to act. Lulu linker. Alma Luntly and Mary Clmtflold wero granted certificates of admission to tho publlo schools. Tho following bills wero paid: Statesman t: 50 Ira Krb 2 75 Gray Uros f 50 Capital Journal 2 00 Ilrown& Smith 145 E. J. Swafford 17 50 .I.E. Allison 23 75 Supt. Peebles (balance on gradu ating exercises). ,..,,....,... 3 00 Tho clejfk was Instructed to post uotlco of annual meet lug and oloctlor, m Wkatueu Fokeoast, Fair tonight nnd rain on Wednesday, .VniiiM4-i'iV.'ulJ '.fc