La Grande evening observer., October 26, 1911, Page PAGE 2, Image 2

4
LA UlLiNliL VJLINij UiiirjJVKi
THURSDAY, OCTOBER 2-3, I91L
STEWARD'S OPERA HOUSE
TUESDAY, OCTOBER 31
Play with
cost:
BOSK!
BOSK!
JJ05X!
EWS!
BOSK
BOSK!
B05K!
BOSK!
BOSK!
BOSK!
A. It WOODS presents a
Snap and Go
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-COST OF &IXGLE FAIiESi BOXES ASD OEtDESTlU EATS,
tLS; ORCHESTRA CTECIE, L; DISSS ClBttE, 7; GALLEET,
S9e. SEATS 05 SALE, SATTBOAT, OCT
HI! IS
if;: 10
,tit g-itu-ve act
i Jt Jgrttue bocy tj-
.ea sr.j tie u: as-1
; ttabcz Cat- to ti'
j aa lit ii:r-(t-:
Fill I U " :""3- ia la-!
IS! i c,1 7i::-:-j- -- x;
III I lcl l tt---t-,-t.r..9 is f;vrt4 Utca"
ULw riotii: j
- lf cfSeex vs. Lord
Jnx, KXOTfLES i?n r rf-rx-rr i ' 6 ."rc or tt
CAS BELESI E-SE LOES.
page .
Na ifettr -vf! .-,;.
Pcljstj of law aid qa.:its t oct 5
for arf iEitiit ia the
icg oat A nsnim
zrnvt4 Gwgi JlliJer of Core r-!0""? dt-aU."
Kraiaitg tie tastjr court from rtisj-i ..r?? li Sear A. StJe.
, prerogative of tie ciher deri
raiy izyaaclicBj o aw ckar to adait of ao raa-
of Core rs-""--" at-su."
wrt from rtia-! to f Sr A. t!e.
SHeria CiUiera aL4 Trear-I JaStke Kia ia iis
.;r Frw!er for lots insured ia tie "it ij a wen v0TB 'historical fact
Savoy
IT . 1
noiei
EUROPEAN PLAN
arcJslT 1S13-1845. Write Geo. A.
i K&tison & co lac. Fortlaca. Oregon
fa;Jne of a lotaJ tatk a few rears ago tial Use lailc? ttaifsasen, u.
are et oat la detail ia tie Stion of ' fer Cil of tie country, It vu
CJrc:t JaW KcowU-t filed last we-IWM xtrwael, dwbtfu!
, ordenxg the reimbursement ia not on- j Uocality Df JesfsladT.. eBajae nts or
cfcuautuuoiiaj. Toe !ecua la toto "taicr Iiai a a legislative fnnc
followt: JtKAa on!y. after year of heated
L I. the CrcH conn of the .u of! SK? S-Pf'
j Crcorge iI53Ser, plaintiff, ta. j. C.IrT t j . :
11 nrr et al and J H Pra.ip, VT' " raard froai jadic'.al en-:
The room are good and
Steam heated only one
block from depot
O.CBrichoux.Prop.
tmnrtr tail tt t'Htj- 9alp
i Eoanfj ana Eteia TTarrasti.
j - Kote U hereby girea fhtX tie on
j dertigned treaiarer of Ccion coactT,
Oregon, ia foDa a band with which
; to pay an county and acaJp bon&ty
J warranu which were endorsed prior
J to OdL 1311 aad a!l road war-
rant which were endorsed prior to
Oct, 13th, MIL
Interest ceases on the aboTe war
l rants on October 24, Mil.
i JOHN FEATSTLET.
' Treasurer of Union cocnty, Oregon-
f3
police U Caalraetors.
Frambiiag
and rleatmg
JohnMelville
H28 Adorns An
LA ORANDE, ORE-
Notice Is hereby given that sealed
bids will be received by the council
of the city of La Grande on'Jl 5 o'clock
, m. Wednesday, October 25th, Mil.
:or the construction of approximately
square yards of macadam, road-
sy on North Tir street In the city I prn3 court of the United States
The above casse is before the court
open a deaanrrer to the complaint. Tse
suit is brought by the pizintiff as a
taxpayer of Union county to enjoin
and restrain the county court from
drawing a warrant fa favor of Fraw
!ey to reimburse him from losses sus
tained by him by reason of money de
posited Jn the Farmers and Traders
National bank belonging to the coun
ty being lost by reason of the failure
of said bank. The complaint set
forth that during tie session of 1311
t,he l?g:s!atlve assembly cf this state
passed an act authorizing and direct
ing the county court to reimburse the
defendant Frawley and also the de
fendant Childers ia the other suit but
that said act of the legislative 3sm
b!y is void. As the suits to renra'n
the county court from reimbursing
Treasurer Frawley and Sheriff Chll
ders present substantially the same
ltgal proposition they viij be con'sii
erod together. It was for. a long tim?
a disputed question whether tlx
courts had the power to declare an act
o the legislature or an act of con
gress unconstitutional. This great
conflict between congress and the
courts was Anally settled by the su-
in
of La Grande, Oregon. All bids must! the case of Marbury vs. Madison. I
be accompanied by a ctrtiCed check 'branch 137. In which Chief Justice
for s r.Pr on nf th .mn,,nt ma S Mhn deHvering the opinion of the
rrTiEeat, tt became tie asiTersal and
seV?d rule that no act shall be de
dared void bx the courts or com'
within the lahrjJtJcn of any organic;
law of the land, unless its conflict!
therewith Is so clearly pointed out as;
to be free from rational doubt. Sw
Cline ,rs. Greenwood.. 10 Ore. 230. Si-,
moa vs. Northrop, 27 Ore, 4?7. Tbei
general rule to be deduced from zll
these authorities is that a constitution
mwt not be Interpreted on narrow
technical prineipj.?, but liberally jnd '
on broad general lines. In order that j
it may accomplish the objects intend
ed by it to carry out the principles of j
government and the Ie?:slativ.; depart-,
meat of the state, unlike that of the'
national government may enact any
law net expressly or Impliedly pro-!
bibi'. d by its constitution and In de- j
termin'nB- wfhpr an
Clct or inconsistent therewith all rea- j
ion able doubts open the question i
must be resolved Jn favorof the law
ibat is assaulted. For recent deel-1
sions by this court see Kaddcrlv vs i
Portland, 44 Ore,, 118. Straw vs. Har
ris. 103 Pac. 777 and authorities there
in collated on the subject."
It follows from the above' authori
ties that unless ti plaintiff has es
tablished to the satisfaction of the
court beyond a reasonable doubt that
the act in question Is unconstitution
al. It Is the imperative durr of th;3
I ' JJ
it
1 f ! S
" f.
PkCCOlIlllL
T7ith a cec!i leek
ia fcn pecket and
ti3 money in this
bank, he can pay
cut in any amount
he has cccasLn to use, make
exact changi. and know that
the propei party yn!l re
ceive his m.iey.
Daring the busy season, he
may send hi3 checks by man,
T often saving a long trip to
Lonvenience towi
LikeTsise, such checks as he
may receive can be mailed
to us, S -d his scccunt credit-
" " &x. - xnK&ts fctsifii tire iLea
subject to his order or check.
The cne fact that his checks, when cancelled and re
tnrnai to him, are receipts for each payment made,
makes a check account with this bank an important
factor in the management cf the farmer's business.
We will be glad to have your account at this bank. 1
is both a
Necessity
and a
to the
I I " A MAVKVA&IAA 'U&JL
By order of the city council, October
Itsh. Mil.
C M. HUMPHEETS,
Recorder of the City of La Crande.
' Oregon.
! io-20-tf ; . 4 :-.
court held that the courts had the!court to fold the same valid.
" We pay cash for any Oregon ses
sion laws before 1&C6. Also want sen
ate journals 1862 and 1864. Also codes
1851, journal of council, 1851, statutes tcr t t cf t'moniai.
1851 snd of 1855, and cods of civil . g(&Ziii&&?0''
procpoure ana ynra ibws iuhz. anf
$109 Reward, $109
I Th reailR-rs of this paper will be
' pletuwd to k-rn thst there is at Hint ono
1 lrrad-d IIk.k tijlt nclcnc hum btfn
' able t ) cure In all l. stages, and that ia
; C.aijrrii. I fairs Catirrh Curo U the on7
f'ORlUve cure now hnovrn to the iwdiciat
. rau-rnity. Catarrh twins a constitutional
!liKase, rTiir'-s a conjiutuil jn.il treat
m t. Hall's Catarrh Cure U taken In.
frnolly, gctlnr directly upon tho blood
end mucous surface f h- system. thrr.
br dcasroylns Vo foundation of the dl
, a. anil g'.vlno; t). p.ith ni streiwrt'i br
t biiilt'ln un l!o rvjr.stltutlon nl ?!is'Jn
; nature In C'j t' work. TVie piMprletcrs
iiave so rr.iifh fa!th In l' curative Bow
ers that they o.Tf-r 0- Huntlrml D'jllars
tr any can that Iff -ills to cure. Hrnd
Totals, Chio.
Ti:e Hall'a Fuaillr til to for eonntlpatlon.
right to declare an act of the legisla
ture snd even an act of congress un
constitutional In certain restricted
cases.
The next question that naturally
arises Is, "Wh-?n are the courts Justi
fied In exercisine the great preroga
tive that they possess of declaring an
act of the legislature tinconstitution-
air
la th ess of State vs. SleLellaa.
37 N. E. 799." the supreme court of
Indiana, in Its opinion, says:
The sole contention here la that
1 TO CUBE A COLD IX 0SE DAT. nature Is on each box. 25c
Take LAXATIVE BRCMO Quinine
Tablets. Drujgists refund money If BOY WANTED Fam-l's-KIng Cigar
It fails to cure". E. W. GROVE'S Big- i Factory. ' ' ' . .
It must bi remembered that In con
sidering the constitutionality of this
act that the legislative body of a state
tinlike that of -congress may enact
any law not expressly or Impliedly
prohibited, la ether words befor?'
congress can enact a law, its right to
do so must be expressly or Impliedly
conferred by the federal constitution
upon the otlwr band the legislature of
a state can enact any law unless it Is
expressly or Impliedly prohibited from
enactly the law.
In the mRA nf Rtntp va PvltMB
the act Is In conflict with the provi-JOre. 170. Justie MrRrirV wrttine th
stons of the constitution of the state, j opinion of the court upon a petition!
It was said by this court In ilcCamas for 4 rehearing says, '"In this con-'
vs. Krag, supra." such questions st3 Ueetion it must also be kept in jnind J
aiways regaruea uy u .uun ujtnat tne constitution of a state unlike
serious Importance. The judiciary look J (hat of our national organic law is one
to the acts of the legislature witn
great respect and reconcile and sus-
ftain them, if possible. The general
assembly is the immediate exponent
of tb-s popular will expressly delegat
ed to clothe that will with the forms
of law. The presumption that such
a body has sanctioned enactments in
Reliable Deolisls eastem rmccs
PEOAXE5TLT
LOCATED
Our untarnished reputation wherever w bare established offices
ia a recommendation we look to with pride, and our motto. "Honest"
work." "fair dealings," haa always made our success continuous for
the past 10 years.
We guarantee our work, nd If It ia not right, we make it right
without any extra expense to .'on.
We would rather be bmy all ths time and make a smaller profit
from each individual patient than charge prohibitive prices. Peo
' pie in all stations of life patronite this Institution of Modern Den
tistry. 1 ' , ' :
PAI5LESS
EXTBACTIO
Price for the Best Wcik
CA. II r AAEXAMI3IAT10S, COXSrXTATIOX
OUC ree ESTIMATES in innri:
1 15 Bet of Teeth
.Sj09
flO Bridge Work (best) (n
$10 Gold Crowns 22k . J?I.
Gold Fillings
Silver Fillings
Plates Repaired
'. fT ''"5lrj 12 J"e protection guaranteed.
fU9 up
71c
.....MM of
Jl F.:a- IEP0T A ADAMS ATE.
Oar offices Salt Lake, Baker, La Grande, Portland.
of limitation and not a grant of power
and that an act adopted by tb3 legis
lative department of the atati not pro
hibited by its fundamental laws must!
be held valid: and thU inhibition must'
expressly or Impliedly he made to ap-:
par beyond a reasonable doubt." !
"In the case of Pearson vs. state. S5i
violation of the constitution Is not to i Am. .Ren. 91, it wgs held by the su-i
be lightly indulged. That the act Is preme court of Arkansas that where
imperfect or impolitic ia not enough. a treasurer of a county had become'
Tb'ise defects subsequent legislation . Hab. on his official bond to various
can remove by amendment or repeal. . school district therein on the ground
The Best Low-Priced
Car in the World
To bring Us validity with In the con
trol of the courts, it must be clearly
subversive of the constitution. And
In Mameson vs. Oil Co.. 128 Ind., at
page 5CS, 569, 28 N. EC 76, it was said
"We have no right to presume that
the legislative assembly usurped pow
er, or disregarded the organic law.
No precedent will Justify such a pre
sumption nor any reason sustain it, A
part who asserts that tha legislature
that their moneys were taken by burg
lars without his fault from a safe fur
nished by the county, It was compet
ent for the legislature to release him
from such liability. Tn its opinion the
supreme court of Arkansas, says,
"It was indicated in Dartmouth col
lege vs. Woodward. 4 Wheat. 518, that ',
the right of the legislature, as regards
try property or municipal corpora
tions was broader than existed in the
has usurped power or has violated the j case of private corporations and from!
constitution ixust affirmatively and
clearly establish his position.
And in Robinson vs. Scuenck, 102 Ind.,
at page 819. I N. E.. 698. the court
said: "It devolves upon a party who
asBails' a statute on the ground that
it violates the constitution to show a
that time to the present this has been
a conceded principle. But It was said t
by tin different udges In the separate!
opinions in that case that the power of
the legislature over the ; property of
corporations purely public was not
absolute or unlimited; and while there
M
axwell
The New
M
clear violation and to point the pro-; are same later cases to be found that
visions violated. Falling In this, its
attack is unavailing."
Cooley In his excellent work upon
-Constitutional Limitations (7th ed.,
pagf 254), says:
"It has been said by an eminent ur
Ist. that when courts are called upon
to pronounce the invalidity of an act
J of legislation, passed with all . the
forma and ceremonies requisite to
give It the force of law, tby will ap
proach the question with great cau
! tion. examine It in every possible as
Tect and ponder upon It -as long as
, deliberation and patient attention can
throw and new light upon the subject
) and never declare a statute void, un
: less the nullity and Invalidity of the
' act are placed. In ttV!r Judgment, be
yond a reasonable doubt. A reasoca-
ble doubt must be solved In favor of
seem to question this view. It is gen
erally approved and it Is now estab
lished that though such property is
subject to a very broad legislative regulation-
Its confiscation or diversion
violates the provisions relied upon.
Board of Park Com. vs. common coun
cil, 25 Mich.. 240. 15 Am. Rep 202. The
power of regulation seems to have no
limit within the scope of municipal
uses and is restrained only when it
attempts a total diversion.- It affords
a wide almost limitless field for legis
lative action. The legislature may do
with the property whatever the muni
cipality Is bound to do either at law
or In equity or whatever upon recog
nized moral principles ought to be.
done; and It has been hold that It may
(Con tin-." 00 Paa Three.)
This is your opportunity to
prove to your own satisfaction
that thia is ti best car at the
mallest ,. price how . little It
costs to run how absolutely re
liable it is. :" v v
Ton can learn lo drive It in 15
minutes and it requires but 15
minutes daily to care tor It
Over 15,000 owners are doctors
who - demand RELIABILITY. '
Nearly 7,000 others are salesmen
merchants and men in various
other lines of business who re
quire great ECONOMY. It Is a
essenger
popular ladtes' car, because easy
to drive and handle. " i
With improvements in finish it
, sells for ., . ' ' ,
3600
including magneto, top, three oil
lamps, two gas lamps and gen
erator. .
OPTICAL COLOR SCHEME
dark blue body with light blue
wheels, or blue body with cream
colored wheelB.
R. W. Leighton's Garage
Complete Repair Shop. Fir Street," La Grande, Or.
AGENTS FOR
t
m ' " "S ' W I
'4