Oregon City courier., November 20, 1908, Page 4, Image 4

1.
OREGON CITY COURIER, FRIDAY, NOVEMBER 20, 190h
Oregon City Courier
Published Every Friday by '
Oregon City Courier Publishing
Co,
Entered In Oregon City Postofflce
Second-Class Mall.
SUBSCRIPTION RATES.
Six months 7r
Pulu In advance, per year $1 6l
In the Unit ?d States Heiiate republi
cans will have a tffo-tliirds majority,
In other words there is practically no
chaiiKe so far as the parly's numerical
strength is coucernod. An Associated
Press dispatch from Washington says:
"Of the ninety-two members of that
body, sixty-one hold over, leaving
only thirty-onu places to fill. Of these
ton ate republicans and twelve are
demorcats. Alabama, Arkansas, Lou
isiana and Maryland already have
chosuu democrats and Kentucky and
Vermont republicans. The other sen
ators to whom successors are to be
eleotod: Republicans Allison of
Iowa, who will be succeeded by a re
publican; Ankeny of Washington,
Brandegee of Connecticut, Gallinger
of New Hampshire, llanshoronifli of
North Dakota, Hot burn of Idaho,
Hopkins of Illinois, Kittridiro of
Sooth Dakota, Long of Kansas, Pen
rose of Pennsylvania, Perkins of Cali
fornia, Piatt of New York, Smoot, of
Utah, Stephenson of Wisconsin, all of
whom will be socceoded either by
themselves or other republicans.
Democrats Clay of Gorrxia, Gary of
bouth Carolina, Gore of Uklahoma,
Milton of Florida, Overman of North
Carolina all of whom will lie Buocnod
ed by doinocrats . The only senator
ships remaining in doubt ure those of
Ohio Indiana and Oregon which are
now represented by Senators Foraker,
Hemenway and Fulton, republicans,
and Colorado, Missouri imil Nevada,
represented by Senators Toller, Stone
and Newlands, domocrats. Governor
Cammins of Iowa is about to realize
his ambition of becoming a sonator
from that state. He has ninny admir
ers in Washington and his entry upon
the aoene of national politics will bo
' observed with keen interest. "
Remarkable rosults in ouring tu
berculosis of the bones, demonstrated
in a rive weeks' trial at the Home for
Destitute Crippled Children, have
turned the attention to a treatment
discovered by Dr. Emil Heck, An
Associated Press dispatch Bays: "The
treatmout which promises to bring re
lief to a Urge percentage of snflerers
from this form of the frreat white
plague is simplicity itself, and con
sists for the most part in filling the
cavi ty ouusod by the disease witu a
ruotalio salt, bismuth subnitrato, com
bined with a basis of vaseline. The
disoovery was incidental to an X-ray
photograph of a little invalid, The
.solution was applied to lis the outline
of a tubercular abscess and being left
in the cavity proved a healing agent,
Dr. Beck told his discovery to Drs.
John Hidler and Waldo Blanchard nt
the Home for Destitute Crippled Chil
dren, and in a five weeks' trial twon
ty out of forty crippled children worn
cured by the treatment. Tho formula
contains thirty grains of bismuth sub
nitrate, combined with sixty gnimnis
of vaseline. Tho pasto so formed is
solid at the temnorature of tho body,
bnt if a fevt-r is induced will run out
of the oavity. As the healing contin
ues, the mixture is absorbed. Medi
cal men estiBiate that full ilfty per
cent of all tho crippled children are
suffering from tubereulur disorders. "
Klickitat county's citizens joined in
a monster optimistic rally at Wlnte
Salmon. "Washing on, last Saturday
Expert publicity men and railroad
officials were present from Portland to
take part in the event, which was one
of the most successful ever held in
the "Evergreen state".
The women of Colorado have suc
ceeded in re-electing Judge Lindsay,
famous throughout tho country for
hiss juvenile court work. With all
the beneficial rosnlts that are apparent
where women vote the liquor interests
of the country are still strong enougi
to keep women out of politics.
It is all officially arranged that Mr,
Roosevelt will become an editor.
How'long he will remain satisfied to
be heard from but once a raontn re
mains to be soen. A correspondence
school would seem better suited to his
tastes.
A St. Louis woman wants a di
vorce because her husband has given
her oulv one hat and one dress in
twenty-five years. There ia no justice
in the courts if she does not win
suit this time.
Five years ago the sales of automo
biles amounted t t8.(X)0.000 annually.
For the past year they reached the
sum of aiOO.000.000. all of whioh
shows how increasingly eager people
are to buy trouble.
The Kaiser has suppressed an inter
view which he save an American
magazine -writer. He probably pre
ferred this method to the less original
ono of organizing an Ananias Club.
Now that the campaign, the speech
making, the voting, t lie congratula-
lions, and the shouting are all over,
it must give Mr. Tuft a bad taste to
think ot those promises about tariff
revision.
Sonth Dakota has voted away a
$1100,000 annual income and the glory
of her divorce courts. Where is the
state now that will come to the rescue
of tho slightly married and reap the
reward of gratitude and a full treas
ury ?
In line with the general railroad
development of this Northwestern
country was the completion of the
milroad from Elgin to Enterprise,
whioh affords an easy market tor the
Wallowa valley. The final terminus
will bo Joseph.
Interest in tho joint meeting of the
State Horticultural Society and the
Northwost Fruit Growers' Assoeiii
tion ia universal throughout this part
or the United States mill British Uo
luuibia. The Stuto Association holds
a convention in Perth ml Tuesday,
Dooomber 1st, mid this is followed by
two days' meeting Jot the Northwest
Association, Convention and exhibit
will oocupy two floors of the Wood
men's hull, Eleventh and Alder
streets. A night session will ho held
in the convention room on Tuesday,
and a reoeptiou will be tendered to
tho delegates to both convent ions on
Thursday 'oveniiijr, December Hid, by
the Portland Ooinineroiiil Club from
8 to 11 o'olock. Tho prizes for this
show are very much the most valuable
evor offered and an onormous altond
aiico is anticipated.
It would seem a gratuitous super
erogation for the proiidout to jump
into print ngiiiu witli a defense of
Mr. Taft's religion. As Mr. Koose
velt saya this matter ia between Mr.
Taft and "his maker," but Theo
dore, who has never yet left any. mat
ter to deity, attempts to settle the
question with a valedictory essay on
conscience Tho people have elected
Mr. Till t and it might reasonably bo
supposed that he would bo trusted to
look ont for himself from now on.
Mothiuks the gentleman doth preach
too much.
Not less than one-hundred complete
cahinets have been offered to Mr.
Tafr, but tho newspapers will proba
bly 1 am that Mr. Taft is something
of a cabinet maker .himself.
No more interesting talk was evor
made before the Portland Ad Club
than the address delivered by Dr.
W. T. Williamson on "Suggestion the
chief f oi co in advertising." Mem
bers and their friends filled the hall.
The gunning season in Maine lias
scarcely opened and there are nine
hnuters killed already. It is clear
that it is going to be a great season
for game.
It must he consoling to Senator
Thomas Collier Piatt to see that the
people believe it will take a man like
Hoot or hoosevelt to fill his seat.
Eveu tiie bens are responding to tho
effects of tho election. Eggs are sell
ing for forty cents a dozen as a sign
of tho prosperous times ahead.
Well, at least Mr, Krvau may refleot
that he had a run for his money and
that now Mr. Taft has all the hard
work to do.
There is talk in West Viriguia to
the etl'eet that Senator Klkins will
not bo returned to the nonato. But,
tho thing that is troubling the senator
is not the election but will the Duke
d'Abruzzi havo the spunk to dofy the
dowager quuou of Italy aud marry
his daughter whether or no.
Nat Uoowdin, the well-knowu uc
tor, has just married Edna Goodrich.
Aa this is his fourth marriage and lie
lias a record of three divorces it must
be admitted that not all women are
cowards.
Desperate
Lou
Dangerous coughs. Extremely
perilous coughs. Coughs that
rasp and tear the throat and
lungs. Coughs that shake the
whole body. You need a regu
lar medicine, a doctor's medi
cine, for such a cough. Ask
your doctor about Ayer's
Cherry Pectoral.
A
W publish our forinulat
yers
m w Dmgn moonol
from our tuodiotiiM
We urifB you to
eon.ult your
doctor
Any good doctor will tell you thatt medi
cine Tike Ayer's Cherry Pectoral cannot
do its best work if the bowels re con
stipated. Ask your doctor if he knows
anything better than Ayer's Pills for cor
recting this sluggishness of the liver.
Mx!. by th J. O. Ay Co.. LowolL
North Dakota Decision Does not Affect
Statement No. 1.
Frederick W. Mulkoy, former Unit
ed Slates senator from Oregon, head
of the Oregon tax commission, which
drafted some of the most important
laws now on tho statuto books, and
prominent attorney of Portland, tnkos
the stand that the Oregon direct pri
mary law and Statement No 1. is not
parallel to the law of North Dakota.
Ho contends that the decision of tho
supremo court of North Dakota de
claring tho primary law of the state,
Unit pledges exacted of members of
the legislature hro unconstitutional.
Iocs not apply to the Orogon law in
any way. iho two laws are ontiroly
different, Mr. Mulkoy oontenda, aud
in support of his argument he has
written a clear and forceful statement
regarding tho matter. In his lottor
Mr. SI ul key Rays;
Portland, Or., Nov. 14. -To tho Ed
itor ot the Journal In compliance
with your request that I give you my
opinion upon tho Application "of the
recent decision of the supremo court
of North Dakota upon the provisions
of the primary law ot that state, in as
fur us its primary law deals with the
election of United States senators and
the pledging of members of the legis
lature to support tho choice of the
party for United States senator, to
tho primary election law of the state of
Oregon npou thi same subject, I do
sire to state as mi introduction to my
opinion that, in my judgement:
First The decision of the supreme
court of North Dakota, is sound in
every particular.
Second That those parts of the pri
mary law ot North Dakota whioh
ware held to be unconstitutional and
void by tho supreme court of that
stilt are not contained in the Oregon
priiiiury law npou tho same subject,
either by expressive language, by im
plication or analogy.
Third That the "obiter dicta of tho
supreme court ot North Dakota in
that part of its opinion which holds
the preelection biedge of members of
the legislature to vote for the party
choice for United States senator to be
void and unconstitutional is not un
favorable to tho constitutionality of
the Oregon law upon the subject.
Fourth That the opinion of the su
pronio court of North Dakota upon
those portions of the primary law of
that state that are analogous to the
Oregon primary law upholds tho con
stitutionality ot the law in so far as
it is within judicial power to pro
nounce upon the subject
The part of the primary law of
North Dakota which the supreme
court hold to be unconstitutional and
void was ns follows : Section 4, chap
tre 10P, of the laws of 1U07. which
requires a candidate for legislative
Herniation to make the follow-inn
pledge before his name could be
placed upon the primary nomination
bullet:
"I, the undersigned, a candidate for
tho office of member of the legisla
tive assembly of the t.tte of North
Dakota, do pledge myself to the peo
ple of the state of North Dakota and
the people of my legislative district.
during my term of office, I will sup
port and vote for that candidate for
United States senator in congress of
the party of which I am a member
who has received a majority of such
votes for that position at the primary
electioii next preceding the election of
the United States senator in congress;
provided, that in case no candidate of
my party receives 40 per cent of all
the votes cast for the office of United
States senator of my party, then and
in that case I pledge myself to vote
tor the candidate of my party who re
ceives the highest number of votes of
my party at the general election sue
ceeding such primary election."
The court very properly held this
pledge to be unconstitutional, be
cause the constitution of the state
contained all the qualifications for
holding office, and to require the can-
didatato take an additional statutory
qualification beiore his name could
be placed upon the ballot coutravenod
the organio law upon the subject aud
was, therefore, void. In this respect
the opinion says :
"If the provisions of the act (sec
tion 4,) requiring said oath and pledge
conflict with section 211 of tho con
stitution of this state, then of course,
those portions ot the act are null and
void. We think it plain that they do
thus conflict, as they add Another
oath, declaration and test as a quali
float ion for the office."
But this cannot bo considered a de
cision trom which it can b3 concluded
that the pledge contained in the Ore
gon primary law (Statement No. 1) is
unconstitutional, because the statuto
providing for the Statement No.
pledge does not make the pledge a
qualification for office. A legislative
candidate is not required to take the
pledge to vote tor the choice of tho
people b' fore his name can be placed
npou the primary bnllot. He may,
however, witin his own discretion,
take either Statemeut No. 1 or State
ment No. 2 that is, he may regard
the choice of the people merely as a
recommendation or he may take uo
plodge at all. The law boing specific
npou the point in that it leaves it all
to his discretion.
As to the obiter dicta of the North
Dakota opinion that declares the
pledge under he law of that state to
be unconstitutional and its applica
tion to the Oregon primary law,
which, as I have said, dees not con
tain the pledge as a qualification to
hold office, the court saya :
"We shall assume for the purpose of
this case that if these contentions are
sound, the writ should issue, although
we confess our inabliiity to under
stand just how the writ prayed for,
can, if issued, operate to undo what
has already been- done by defendant
pursuant to this law. The candidate''
tor tlie legislature have long since
taken oath, and made or given the
pledge oxacted of them by sections 3
and 4 of the act. Such a pledge nt
most merely oreated a moral obliga
tion to fultill the same. If the law
under which the pledge was exacted
is held void the moral obligation will
still continue, and uo judgment of a
court can obliterate it. it would
seem that the courts do not andcannot
deal with more moral obligations."
Had the court used the term "po
litical obligation" or "politicul re
sponsibility" in place of "moral obli
gation," the language would have
been more appropriate, In any
vent, where the term moral obliga
tion or political obligation be em
ployed, it imports the laying upon the
ono that takes tho obligation the per
formance of duty j which duty, how
ever, is not enrorcibie by a oourt or
justice. In other words, a duty the
performance ot which cannot be com
pelled or the breach ot whic'i cannot
be redressed by the judicial power,
but which can, however, bo redressed
but not enforced by the political
power.
I have referred to the fact that in
the North Dakota case tho provisions
of the law analogous to the Oregon
law were held to be constitutional.
Those provisions are the ones that
permit the names of candidates tor
the United States seuatorehip to be
placed upon the ballot in ordor to sub
mit to the determination of the voters
their choice for United States sountor.
Both the North Dakota primary law
and the Oregon primary law contain
such provisions to ascertain tho party
choice, while the Oregon law goes a
step further and under its general
election law seeks to ascertain the
peoplos's choice as between the candi
dates of each party previously select
ed under the primary law. In legal
contemplation, however, there can be
no difference as the reasoning in tho
North Dakota primary law case is
fully applicable to the provision found
in the Oregon general election law.
The analogy in this respect is complete.
The supreme court of Ninth Dakota
says ou this point:
We concluae that tho requirement
of such a pledge violates section 211
of our constitution Lin that it exacts
au additional test in contravention
thereof. But does it necessarily fol
low from this that all other portions
of chapter 109 relating to the election
of United States senators ami giving
the electors of each party an oppor
tunity to express their choice for the
candidates for such office are also
void? We think not. The pledge re
quirement ia but one step to effectuate
the main object sought to be accom
plished, to-wit, the selection of a
United States sunator in accordance
with the choice of a majority of tho
members of the political party with
which he affiliates in other words, the
provision of this law permitting au
expression of tho party will as to
United States senators, if constitu
tional (held in this case to be cousti
al) must stand even though the pro
visions requiring a pledge from the
legislative candidate that he will
abide by such expressed will canuot
stand because unconstitutional.
"This logically brings us to 'a con
sideration which is that tho entire
act, as for as it relates to candidates
for United States senators is void ru
der the constitution of the United
States. Much of tho argument of re
lators' counsel upon this branch of
the case is based upon tho assumption
that the pledge feature of the law
when considered in -connect ion with
the provisions permitting the mem
bers of each poltitieal party to desig
nate their choice as to senatorial can
didates, in effect, operates as an elec
tion of United States senators by pop
ular vole instead of by the legislature
ns the federal constitution requires.
If, therefore, the pledge feature of the
statute is eliminated because uncon
stitutional much of counsel's argu
ment ceases to have any force. It
certainly cannot be contended that
the provisions permitting the voters
of each political party merely to des
ignate their choice for senator
amounts to the election of such scua-
or, as it amounts to nothing more
than the right of petition, a right ot
which they cannot be deprived. The
legislative member is in no manner
obligated or required, except perhaps
morally by reason of party support
and fealty, to vote and supiort a can
didate ot his party's choice thus ex
pressed. "
From this it must be ooncluded that
under this decision the nam.V of the
party's candidates for tho nomination
of United States senator under the
Oregon law can bo constitutionally
pliced upon the primary ballot to as
certain the candidate who is entitled
to party support and this as a basis
for the moral obligation to support
the candidate the right being guaraii
teed under the right to petiriou. If
this le true can it not be said if there
be not legal interference with party
integrity that tho sanio can le done
by placing the name of the party
nominee tor umtod slates senator up
on tho (leueral election ballot to as,
certain the person who is entitled to
the supi ort, of those mem1 ers of the
legislature who have placed them
selves under a moral obligation? If
the right undor petition is given1 to
the members of a political party can
not the same right under petition be
given to the entire electorate of the
state? .
In the North Dakota case the moral
obligation existed because certain
candidates for the legislature bound
themselves under an unconstitutional
1 iw. Undi r the Oregon law the can
didate is left free to take a moral ob
ligation or not us he may see fit: if ho
does take it all the primary law of
Oregon does and nil tho general elec
tion law upon tho subject does, is,
first, to furnish evidence of the moral
obligation by nliug with a propor
state officer the pledge (Statement
No. 1) and then by ascertaining the
party's nominee at a primary election
and thereafter the people's ehoice ba
tweon the different party nominees at
the general election furnish a basis by
which the electorate of the state may
determine whether those who volun
tarily placed the moral obligation up
on themselves have or have not per
formed that moral obligation at the
time the legislatinre votes for United
States senator.
FREDERICK W. MULKBY.
Colton.
After a long spell of nice, dry weath
er, we are having a shower of rain.
This is quite welcome to farmers.
A. 13. Countryman is busy moving
to tho Snograss place at Meadow
brook. He has rented this tract.
A basket dinner was given at the
Swedish church last Sunday. A
large crowd attended and a good time
was reported.
Chester Gorbett, of Oregon City,
was a visitor at Colton last Sunday.
Dolph Freeman, of Elwood, is busy
hauling gravel from the Mill creek.
U. S. Dix did some chopping for
Carl Stromgreen last Saturday.
George Wallace, of Highland, went
to his ranch In the mountains last Sun
day.
Mr. and Mrs. Putz visited Mr. and
Mrsf-Schc-rruble last Sunday.
Mr. Extrun and family moved to
Portland last Monday.
The road supervisor of district No.
21 has a crew of men building a new
bridge on the Gorbett road.
Do You Want to know what to follow
to make a succes of life? Do you want
to know how to double the business you
are now following? Do you desire to
learn a profession or business of your
own? IF SO CALL ON
PROF. SIZER
Room 1, Masonic Bldg. Oregon City
A HOME WHERE PERUNA IS USED.
Residence of Mr. C. Hallock. Antwerp, Ohio. ..5 -
One of the Many Tho'wand Home. Where Pernna i T k
ia a Popular Household Remedy. 1 " T , v , s
Mr. C. Hallock, Antwerp, Ohio, writes: "My daughter, Allle, after tak- ff
lng three bottles of your Peruna, Is entirely cured of catarrh of the head of i ,fsVj,, '
5 two years standing. ) Wv Jf'- . 'C
"We have used Pernna a ft general tonic, as well as for catarrh, and are (i jMjmrlft!
well pleased with It, and recommend it to anybody who has catarrh. ! fcia MR. C. hallock.
jAnybody wishing any Information can write to me." ' '
, Could Take No Food.
Mr. William V. Burke, 1865 flrankfor
Ave., Philadelphia, PaM writes:
"On the 19th of Pebrnftry, 1901, I was
taken with cramps that extended from
Just below my throat to the bottom of
my stomach. They were so severe that
my wife had to go tor m doctor about two
o'clock In the morning.
"I had from February until Jnly of
that year three doctors, and they leere
giving me medicine for kidney, liver and
bladder troubles, and after taking all
kinds of their mixtures, in the month of
July I could neither eat nor drink. For
three weeks I bad not taken ft morsel of
food except in ft liquid form. At the
end of that time I could not drink milk
or water except In small sips, which
caused me great pain,
"I had given up all hope of living
more than a week or two at most. I
told my wife I thought I had catarrh of
tho stomach. She seemed to think so
too, and having read of Peruna I decid
r.i to give it a trial.
"I took severildosesthatevenlng, and
f r the first time la WMki rested fairly
that night.
-
"I kept on nsing Peruna as 1 had
started, and after using It three days
and nights the pains In my chest aud
stomach disappeared, and they have
never appeared since, and it will be two
years this July."
Pe-ru-na Relieved All Symptoms.
Mr. J . C. Crumpacker, R. R. 1, Kokomo,
Ind., writes:
"I can say that I have nothing to com
plain of now, I feel well, rest well at
night, have a good but moderate appe
tite, can eat almost any kind of food.
"I have no aches or pains anywhere,
and can do some kind of work every day.
I must say I can stand as much fatigne
as I ever could, and feel good over It.
"The hemorrhage has yielded to Pe
runa, the grip has done the same, as
well as pains and aches of all kinds.
"The roaring noise has entirely left
my ears and head, my mind is clear, my
recollection good, my bowels are regu
lar, and I just simply feel easy all over.
"The cure of my case was surely a
victory."
Catarrh of Long Standing.
Mr. C. A. Reustrom, 570 Seventh St.,
Ogden, Utah, writes: "I take great
pleasure in stating to you that your
medicine, Peruna, has completely cured
me of along-standing case of catarrh.
"I had consulted noted doctors with
out any relief. By peisistent urging of
a friend 1 commenced the use of your
wonderful Peruna with the best of re
sults, and today I highly recommend It
to any one suffering from catarrh in any
form.
"As for myself, I suffered untold
agony, bnt today I feel as spry as any
one, with more ambition and confidence
in myself than I have enjoyed for
years.
"All my friends say I look better than
ever before, and 1 nrge them all to try
Pernna, and have sold dozens of bottles
with the greatest of satisfaction.
"Your Peruna is the greatest tonlo
and builder for a broken-down constitu
tion arising from that dreadf nl disease,
oatarrh."
Some people prefer to take tablets,
rather than to take medicine in a fluid
form. Such people can ohtaln Peruna
tablets, whioh represent the medicinal
ingredients of Pernna. Each tablet Is
equivalent to asfongt dose of Peruna.
E. W. A1ELLIEN & CO. Will Furnish Free Stable Room
The Name
(E. W.Mellien&Co.)
1000 Articles on counters marked
5c, 10c and 15c. Look them over
every time you come to town. What
you want is there. Quit paying 25c
for articles you can buy for 10c.
The Place
Opposite the Court House. Here is your
first stop. Get a Free Stable Ticket and
take your team on down to the barn
bring your feed. Take care of your
team, and if you need anything around
the store come back and help yourself.
The Man
He's accommodating; he'll show you he
appreciates your call and he'll make
3'ou want to come back. He is equally
accommodating to the 5-cent customer
and the 50-dollar customer. He knows
that a good word from you to your neigh
bor is worth more than a sale to you.
You Want
All your mouey will buy. It is up to us to
keep a reputation for reasonable prices
and fair dealing. There's just one way
to do it. Visit our store and you will be
come one of our best advertisements.
MR. YOU: .
Every merchant is a bargain hunter; why
shouldn't you he? The. merchant when he goes out
to buy goods, throws friendship aside and goes
after the price. Why not you? Money doesn't
grow on trees. Yours came by hard knocks. It most
all comes that way. It wont do you any good if
you keep it buried, neither will it add greatly
to your comfort if you scatter it with prodigal
hand. Make every dollar countMake every dollar
add to your lasting pleasure and enjoyment.
About Holiday presents; consider utility as
Your friend will always ap- .
well as ornament,
preciate something serviceable. A handsome piece
of furniture, as a present, is a daily reminder
of your generosity and kindness. A comfortable
easy chair will keep grandmother's countenance
wreathed in smiles. An imported China dinner set
adds to the happy home of the young married
couple. The grown-up boys and girls like a writ
ing desk, or a combination desk and book case.
Perhaps mother has wanted a couch or library table
in the front room for the last 20 years. Come in
look around the right present will suggest itself
to you when you see it,
YOURS TO PLEASE
E. W.
Opposite the Court House
MELLIEN & CO.
Everything for the House