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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Aug. 8, 1907)
1ri ,,, , -ew.- "- DAILY CAPITAL JOURNAL, SALEM, OREGON THURSDAY, AUGUST 8, 1007, The old Aver's Hair Vlporwno onnH TtT - 4- question about that. But your own doc- 17 V PiL)bL tor, the one you have great confidence in, JL T " v will tell you that Ayer's Hair Vigor, new Improved formula, is far better. The one ,d Best, great specific for falling hair and dandruff. W pnDinn ins lorauiu 3, a.AsmrOa of Ml our prtpaHtlom. At 11. LowTT. Hui, 'ERS GIVE VIEWS In Hence aiaiarK lung-power nnd Is ln-vocifer- Ugnln Xnlls Webster. Webster hnd handed mm . ... if wno nfffired 1)V tag ana nu iVebster as a supplemental i ffere served with a copy or reek ago," said Webster. I, served with a paper," said . ftf -nl,1 tfMisfni. rasa ont'i ' c,"Hi-" Itltl now answer It enld 1 It .. .. t m ntnnrlrt iag 10 mo wiuiuiiB uiuuou ientlal part of tho petition, ilarky bore down hard on eme court Itself, ho said court givo this ciauso its Inlng, GIVK IT TUB MEAN- HAT ANY SCHOOL HOY 1 01VI2 Hi and you will givo bt to tho whole and which i'aturo Intended to givo It." tided that these ten linos lity nearly tho most vital IXOT TUB SOUL OP THE MllSl KB. (loals the Petitions. kln.i cf p oplo clrculnto ItlMons?" naked Mnlnrky. h paid agents, T1IKY ARE ' IlIItKhl.NGS WHO ARK MICH Villi CAPITA for signatures. Thoro nro bplo who clrculnto thoso people who had n proju- CJt some law, pcoplo who ilDsh interest rather than n wmrposo at the basis of it timo Malarky had been ( hours tho wholo court trrr well tired out. Dtop was visiting with Ex- lald'o and ills wifo who Dg the spectators. Somo of Mors wero dozing off ien. roitl) STILL READ. to hnvo mndo up his . Milatky wns going lo bch time anyway and thora sr lo avoid it. Fonton bk among the lawyers a ttvr Look. Tho aponkor the provision of tho law Jt optional to 110 tho sub- Inot tho letter of tho law. Mid It m Cd not bn null. followed, Hero Mnlnrky trr fine point between tho 6bo substance nf tho inw. Pnn as to form io nt "IT THE FORM AS TO CE IS MANDATORY.'' ja clincher in his opinion. not altogether news to Justices. Psion Mr, Malarky said Question involved wna I'the leclslnhirn hn.1 nn.. PSUla'e tho nrnonnrinrn Direct Legislation clauen Mtltutlon. V not, let this court say pw ut;s THE Pnnprn OLD THING IV tiim .A PETITION IV ANY AT ANY OLn Ttnj 1ST TO." That wna , peroraMon. ers for Grange. eaca Smith state t,nf d by rmirtnei. it. Vei, to ronrpsnnt ., fw Exc:uIve committee. w a'armMi n .. Rational m-Mlea . iafrlnged, Tho ennsfw,,. to vote had to bo oxer- '"K DIRECT T.tvjic. EXMEXT AVAC cn.n fE. Thn riih . ..... and f .nrinmAntnl it Sal" n and n, :....... puitin. ;. r.:.j"UHa ,lW LIMIT OU TAiru 1'ITITIOV rm .L UI. If - ." J a r iMrn asking , 'w l- - k,... , . ' ,-ea 10 them, r UT1H nn.u. . be d ea ',HUTOUOn'ia. Knsf . "'vlu,ng moro r Ut, n .ci . . Poii'lcaer t.. iIhat lbe eowtlutlon' fc, IK... . , "H woras 01 J naming 88 part o 1LS vn l0.ect b fcr"I0.N, and hence It weous ,. a rHi matter. PetlUonary word In ;-" ciaun Uh.1..-. " lfiero " thing part of a petition that Is not in Itself n peti tion of prayer by Its very nnture. As it was not essentially mandatory, IT WAS ONLY DIRECTORY AND AD VISORY. Judge Smith held tho closest attention of tho court, nnd several times Justice Moores presid ing interrupted him in a friendly manner. All the lawyers quit read ing books and briefs and listened to every word of his brief argument. Miikes a Ten Strike. Judge Smith mndo a hard hit when he showed that tho form of tho petition was clearly outlined In the constitution, without legislative direction and then when tho petition was filed, It said as to tho secretary of state, "ILK AND ALL OTHER OFFICERS," shall proceed to act In tho premises as tho legislature pro scribes. Tho legislature could not chnugo tho meaning of. words and tho people wero fully protected in tho clear langungo of tho constitu tion. '- OONSTITU TIONAL RIGHTS COULD NOT RE REGULATED HI THE LEGISLATURE, except In caso of a great public necessity under the police power of tho state. "Supposo it is a caso whero tho constitution is nqt self-regulating," asked Justice Mooro. "Then thoro must bo legislative exposition," said Jtulgo Smith, "but not othorwlse." Mr. Logim ArjoiCH. Ho admitted Mr. Malarky hnd gone over tho ground pretty woll. Ho went over It again to somo ex tent. Tho reaBou of tho leglslaturo In putting In that warning clnuso wns plain. In tho purliens of tho north end votors WOULD SIGN ANY PETITION FOR A GLASS OF REER. Even tho average hard working citi zen might make mistakes with good lionost lntontlons, nnd sign n petition illognlly In tho absenco of a warning clnuso. A crowd of Irresponsible pcoplo might sign up like a mob nnd compol nny measuro to bo submit ted. Ho Bpoko only slxteon minutes, or ono minute longer than Judgo Smith. Webster Fires HIh Wild. Ho offered somo now authorities nnd tho court gnvo each sldo five dnys to lllo a fow hundred moro cnaes. Ho apologized for appearing for a paltry flvo thousnnd potltionors who wero denominated THE RAG TAG AND RORTAIL, AND THE RAKINOS AND SCRAPINGS OF THE PURLIEUS of tho north end of Portland. Tho court had boon Informed that tho gontlomon of tho other Bldo npponred for 05 per cont of tho citizens of Oregon. Who had empowered thorn to hold thnt briof for thnt vast unnumbered majority? Thoy had paraded their views with a cock-surenoss that challenged his ndmlrntlon. THE PEOPLE OF ORE GON WERE ARSOLUTELY SU PREME OVER EVERY CO-ORDI-NATE RRANCH OF THE GOVERN MENT. Formerly tho leglslaturo had all powor, but thoro came a timo in tho history of the stato when this wns changed, when tho P'oplo took lntp their own hands tho powor, not only of making laws but of demanding the right to pass on tho laws tho leglslaturo did enact. For years the-o had been growing a PROFOUND DISTRUST AND LACK OF CONFIDENCE IN THE LEGIS- LATURE after long years of ex perience and growing dissatisfaction. Was it not natural that the constitu tion should make tho direct legisla tion claiiBO self-operative. Not Nnnicd Wrong. Judge Webster proved the orator of tho occasion and Judge Lovell of Pendleton roust look to his laurefs. Tho very opposite of Malarky, who dwells at length on details, Webster hits the high places and strikes at fundamental principles. Ho hold tho ear, tho eye, tho mind of tho court, bar and spectnttors. At all times ho was earnest, eloquent and vpry graceful In his delivery. He hit the bullseyo several times and once made tho bell ring loudly, when ho said: "The direct legislation amend ment to tho OREGON CONSTITU TE IS ARSOLUTELY SELF-ACT-ING BECAUSE SUFFICIENT, and as absolutely prohibits legislation that hedges it about and restricts and controls Its operation. No such legislation Is permlssable In con nection with any such constitutional right." Tho power of the legislature to Interfere with the effective operation of the Referendum, which was in tended to be a practical check upon reckless legislation, mtwt atop some where or the very purpose of thia tho Initiative step, tho potltlon up to the time of filing It with the secre tary of state. THAT WAS THE ORDER OF THE SOVEREIGN PEO PLE FOR A VOTE TO RE TAKEN. Tho leglslaturo was prohibited from undertaking to enact details If tho provisions of tho constitution It self wero set forth with sufficiently deflnlto detail to give tho pooplo th Referendum. Judgo Webster said tho people could not be restricted as to whether they should havo thirty names, or a hundred names, or a thousand, or ono name on a sheet of paper. If the leglslaturo was not trying to crlpplo tho constitutional right of the people, why did tho legislature pass this law roqulrlnc a warning ciauso with an emergency clause? THE PEOPLE WERE THUS DEFEATED AND DEFRAUD ED FROM EXERCISING THE REFERENDUM RIGHT, when laws wero passed thnt took away this constitutional right itself. Forms Were Empty. NO SUBSTANTIAL LEGISLA TION COULD BE ENACTED IN THE FORM OF A POEM. .No part of n poem could crent' law". Judge Wobstpr said so far as tho petition ers wero concerned, each was an original, Individual petitioner as a sovereign voter, oxerclslng a privil ege which they hnd a right to prefer and a check thoy could not abandon. Shnll tho right of tho pcoplo .to. havo a vote on nny bill bo defcatod by a mero form, n forn that Is In Its nnturo merely directory. Tho op position had rolled upon technicali ties while tho potltionors must rJy upon principle. Thoro wns a groat prlnclplo Involved nnd thnt prlnclp'o wns back of the humblest Blgner of thoso petitions. The University Cnse. Argument wns opened by IIr. Poguo in tho mnndnmus procccdinns ngnlnst tho University of Oregon np- proprintlon. Ho wont over tho gtounds horotoforo covored by him self nnd othors. Ho held tho ntton tlon of tho court very closely. His mnln point was thnt aws affecting political rights of tho pcoplo must be construed llbornlly nnd If tho Inw In this enso wns construed llbornlly It must bo construed ns only directory nnd not mnndntory. It wns admitted that tho potltlon was signed by tho rcqulBlto number of legal voters, hence It must bo al lowed to stand nnd go upon tho bal lot. Mr. Poguo roforred to a pasjago In .italics from Mr. Mnlnrky's brief: "It Is dangerous for tho courts to bo wiser thnn tho Inw." Ho said It wns dangerous for tho loglslntvro to try to bo wiser thnn tho constitution. Thursday Morning. Mr. Poguo oxpnlncd further when tho court rosumod its flosslon nt 9 0,. 111., his position thnt nil Inws must bo doomed constitutional unless, plnlnly shown to bo otherwise. Attornoy General Crawford ngnln hammered the invalidity If tho wnrn Ing clnuso. It wns "ultra vires" and ho called It othor hard names. Tho leglslaturo Itsolf could not order tho referendum on a bill, without potl tlon, but THE PETITION OF FIVE PER CENT OF THE VOTERS WAS IN ITSELF AN ORDER TO PLACE THE BILL SOUGHT TO BE REFER RED TO A VOTE ON THE BALLOT' and no official or court could gain say then, this right to demand and exercise this constitutional privilege. Tho warning clause wns a gratuitous furbelow or grlmcrack of no signifi cance. Insufficient Hnndle. In tho university caso Gonornl Crawford thought tho potltlon was defective because thoy had got tho wrong handlo, or no handle to the lard-bucket', whon tho law said a Bnmple of tho wholo bucket, handle, pall, lard and all, had to go. before the voter to enable him to see wheth er he wanted It or not. Tho bill Itself that was to be re ferred, lock, stock nnd barrel, mtiBt bo sumbltted to the voter, NOT THE SUBSTANCE THEREOF. Tho terms law, bill, act, measure, statute, en actment, wero synonymous. The voter had a right under tho law to havo the full title and text of tho measuro before him, hide, horns, hair, tail and all. Mr. Crawford said the rest of his points wero In his brief, which wns not very completo, as be realized that abler counsel than himself wore engaged In tho matter, A SHOCKING ADMISSION OF MOD ESTY that Senator Dan Malarky would never have become guilty of. Mr. Blugluiin Speaks. As long as he had showed his colors, and It was plain whom ho represented, Mr. Ford again, con sented that Mr. Bingham participate In tho debate. He reviewed tho tech nical contentions of the university people, aa they have been heretofore stated. He did not profeas to have aaytalBg Hew, Aftw ckewls th watUr over una digesting it In abt Mve kHsiirM Iaii o regon WILL BE AT Fai State Sept. 1 6 to 2 i Inclusive I They will find the gtounds in hette tion and more attractive than eve concti-befofc THEY WILL FIND MANY NEW BUILDINGS. ALL IN ALL, THEY WILL SEE THAT OREGON HAS THE BEST FACILITIES OF ANY STATE WEST OF THE ROOKIES FOR HOLDING A GREAT FAIR. THE INCREASED CASH PREMIUMS AND SPECIALS WILL BRING THE GREATEST LIVESTOCK SHOW EVER SEEN ON THE PACIFIC COAST, AND IT WILL COMPARE FAVORABLY WITH THE BEST FAIRS OF THE EAST AND MIDDLE WEST. Some of the Best Houses in the United States Will Be Hee to Participate in the Speed Ptogmm SOME OF THE MOST ATTRACTIVE PURSES EVER HUNG UP FOR A WESTERN RACE MEET WILL MAKE EACH INDIVIDUAL EVENT WORTH COMING LONG DISTANCES TO SEE. THE COUNTIES WILL PUT UP THEIR BEST IN TRYING TO SECURE THE PRIZES FOR THE EXHIBITS OF TnEIR PRODUCTS. THEIR WILL BE SPECIAL RATES ON ALL LINES OF TRANSPORTATION FOR PAS SENGERS AND SPECIAL FREIGHT INDUCEMENTS FOR ALL EXlimiTS. If you wish any particular information it will be cheer fully given by W. H. DOWNING, Pes., F. A. WELCH, Sec, SHAW, OREGON SALEMT, OREGON tornoy general and n big block of . KIKItl lUIUIlt BUUIIIUIl IU CUIIBlUUt' IliU warning clnuso n kind of HARMLESS EMANATION AF THE INCURARLE 1 1 1 m 1 1 n n 1 n 1 1 1 1 1 m i aHea4Mt was delMtad. tfta Power to laterfttre 414 aot exted to !Mfrt way X worillag H, tha at-; WARD, whilo Dnn Mnlnrkoy nnd hifl learned colleaguos llko Judgo Lord . nnd Goo. Bingham Boomed to regard f It nB tho highest form of U'Ronlc legislative wisdom. j When tlio cnse had been throahod over woll Into tho second day thoro was no ono loft on tho battloflold but ono lawyer who had not spoken, nnd Tho Capital Journal roportol and Mr. Bingham, who was still speaking, the lawyers who hnd been long-wind ed, proved tho court to bo patient and long-sufforlng. Mr. Ford wns the last speaker for tho petitions. Mr. Bingham mado a final ten- strike, when ho said If tho bllld ro ferrod to tho peoplo did not contnln a full and correct tltlo of tho bill, how could anyono tell what had been passod upon by tho people, nftor thoy had voted and adopted a law and It was Hied with tho secrotary of statj as an onacted law? o Tfio Texan WoniVi. Cures all kldnoy, bladdor nnd rheumatic trouble; sold by all drug gists, or two months' treatment by mall for $1. Dr. E. W. Hall, 202C Olive street, St. Louis, Mo. Send for testimonies. Sold by Stone's drug storo. dw-lyr o ' A Rtomly Flro. During tho discussion of tho Mad den hall for cheaper gas Congress man Logano told tho following story of a cook ho had onco brought from home with him. She wns a splendid sorvant, but sho didn't know nny th.'ng about gns to cook with, bo ho went to tho kitchen with her, to ex plain about the range. So that sho could see how It was operated, ho 'It each of tho many burners. While stPl explaining, 'a messago called him from tho kitchen, and ho left her, saying, "I guess you will find that It will work all right now, Martha," Ho didn't see tho cook again for four or Ave days, then upon entering the kitchen he said; "Well, Martha, how's that range doing?" To his utter consteniatloa she re plied: '"Deed, sir, that's the bet stove I ever did se, That lire yon Ice Cream and Soda Water J at the f 0. K. STORE I TWELFTH STREET, ! NEAR THE WOOLEN BnLL. ! You will And this a convent ) ont plnco to got refreshments of the best nnd to do your trad I lug. Phono your orders for Ice cream and soda water to Main 125. Treatment 0. K. A. A. ENGLEBART, Prop. n 1 1 m 1 1 m 1 1 1 1 1 u 1 1 m 1 Salem Fence Works Headquarters for Woven nirs Fencing. Nottlng, Pickets, Gates, Shinglos, P & B. Rondy Roofing, Bcreon Doors and AJJustlblo Window Screons All at lowest prices. Walter Morley 250 Court St Salem, Ore j 1 1 1 c 1 m ii 1 1 1 1 1 1 1 1 1 111 1 1 The 1 White Mouse Restaurant For thoso Delicious PIES Thoy can't be beat McGifchrist & Son Proprietors, 1 8 1 ii 1 m hi 1 1 1 1 m 1 1 1 1 1 1 f SALEM BRICK YARD A. A. BURTON. Prop. Brick always on band, In car lots or othorwlso. Prossed brick mado to order. Yard on Stato stroot, south of pontitontlury. -7-1-tf. IIIIIIIHIIHimHHHMI m Gold Dust Flour! liade by TOT UYDKKT 0W SX COMPANY, glassy, OrSfM. Ifada for fatally dm, Ask yoar froor for it, Braa sad skerts always oa land, B. Wallace AGENT s)sumisjs)sjsjsjsjuni i p 0 C. T. Co. -STEAMERS kladled for m 'tour days ago I still a-Murala?, a4 It am't ev !ewr4 o99." July Mpplaeott's. MEALS 1 5c AT TUB Salem Restaurant M COURT BTKKMT. Call and try them. Msk I lie Beard par ; fljfj ' also fars4ke4 room vsry 9 POMONA AND OREGONA LEAVE FOR PORTLAND DAILY, EXCEPT SUNDAY AT 0 A. SI. P. M BALDWIN, Agt. BUTTERNUT BREAD It Is worth mora than any other bread, yet the price Is no higher. For Bale at your grocer's. CALIFORNIA DAKSJRY. Thomas ft Cooler. Props. HOLLtrren'to Rocky Maintain Ti NtgQits A 8y mUJMm f Bf tmk. Map feUM XmM u4 EmvJ VJpr, , A njwiAo tot CooHhifUoa, !ad4M44foft, tiM MXMTttt DtflM 0MAUWV, , WV fttllUM JMMtfTf I'M milMf fftfst' 4Jft! mmmm I ' ' Mfo&.)& afc-"- -' .mz