ALBANY REGISTER.
I. S. OfllclftI Paper for Oregon.
SATURDAY, FEBRUART W 1W4.
The Dartmouth I1 'e Caw.
Tlie Irtulins; article in tlie .Taim.
ary Lumber ot'the Ameri vn L'tir
29tei9,opeiiiupa discuiiMi which
goes to the mot of all (she diftlcu tii
in tlie way t' railroad ltlatioii.
Certain y h lung a the (keiwon li
the Supreme Court of the United
States in the Dartuiimtli Cll a'
case stamls as the law of tl land,
and so long as the nrincijleoftl a'
decision sre accepted by the Court
of the country the Mai dard by
which to measure the limits of right
fill legislation in the way ut'amei i.
iug rail ay charters, all attempts
to fix rates of freight, and to legw
late generally in restriction of the
powers of railway corporation, wjl
be in vain. To these great corpc.
rations, says the writer in the R -vieiry
often so pow'er'nl as to con
stitute quasi sovereignties, the de
cision in the case above referred to
has been, indeed, not only a Magi a
but a Major Charta, for it has con
terred upon them' an independence
such as the East India Company,
in its palmiest days, never possessed
or even aspired to.
' Our readers have doubtless no
ticed that in Illinois, Iowa, or else
where, where the va'idity of State
legis'ation concerning alleued rail
wav extortions has cme in que?.
tion,the attorneys for the railways
have demolished the other sile
with this ever ready and powerful
decision, which is backed by the
logic of Webster and Marshall, two j
of the greatest legal minds this j
country ever potfcMd. The argn- j
ment Ml these ca-es is familiar to ,
all. Its propositions are as follows: j
I, The Constitution of the United j
States dec-lares that no law shall 1 j
passed "impairing the obligation of
ooutracts."
JJ. The Supreme Court of the;
Uuited States decided in the Dart-
mouth College case, that "a charter j
granted by a State government to
a private corporation, without any ;
reservation of a right to amend or
repeal it, was an irrevocable grant
of the rights, privileges and Iran
ehises included in it, possessing the
nature of property ; and that any
subsequent act of legislation, alter
ing or amending the terms of the
charter, was a law impairing the
obligation of a contract."
III. Hai road companies are pri
vate corporations, their charters are
ooutracts, and no Legislature can
alter or amend them, unless the
right to do so is reserved in the
charter itself.
Kail however much we may, still
these three propositions can not be
got rid of. The State Courts are
constantly reaffirming them; but it
they presume in any case to disre- j
gard them, the Supreme Court of
tho Uuited States overrules their
decisions. The writer further says
that voung lawyers read it (the de
cision above quoted when studying
the law, and are no more likely to
truestion it than they are to question
die preoepU of the Bible when
taught by their mothers. And it is
uwt aLrne the young lawyers who
venerate it. Justice Davis of the
Supreme Court in a recently decided
caae, aid : "A departure from it
now would involve dangers to aooi
ttf that oawnot be foreseen, would
shock the sene of justice of the j
country, and unhinge interests, and
weaken, if not destroy, that respect
... VtiM.lt Lao nlwAin, tkl lit A
,v... nan iwj wen n-iw 10. urn
indicial denartment of the Govern-
ment."
I u spite of all these tacts the
writer in the lii'i'irir draws his
sharp cimeter and assaults the catle
"
within which these huge corpora-
a '
Hons imagine themselves securely
s
intrenched Iieatlemnts to show
tl at the decision was wrontr in
principle, ami that, it it is not over -
ruled, it should l so modified as
to permit such corrective legislation
eo nwrniiig corporate franchises as
will provide tor the public gootl.
I ,
i !e states as historical facts that the
Madison papers were not published
, ' , . . . ..
until 1840, and that the journal of
ths Constitutional Convention,
which enacted the provision coll-
cernhm the iuviolabil ty of contracts,
.... , -, . ,
was not iMib ishetl until after the fe -
1
vasuot published until after the de
Jtf.l . !. ...l.l'.'l
eisioiioi me I 'ariinouin v uiiokw
flie history of the prohibitory clause
is as follows: -
"And in just preservation of
i . i ... :. : . ... i . .i
riElllH IHI pi" Kuy. ii isunuersiooo
and thvlared that no law ought ever
to be made or have force ... sa.d
territory that shall m any manne-
whatever interfere with or affect
private contracts or engagements
lama tide and without fraud previ-
"Mly wrmetl.
(in August 28th of tl same year
the i onstitutional ((invention vas miliioina hi keeping it up. He be
considering attic e 12, when Mr gall the thing after the war, ai d
King moved to incorporate the I tor several years has opened it to
ah ve provision and make it appli- t,e public. lluodredsofthousands
cable to the Slatts. After some Lf visitors resort to it. It is the
discussion Mr. Rutledge moved, in. chief attraction and curiosity tor
stead of Mr. King's motion, that the stranger in St. Louis to visit.
States should have no right to ; And, strange to say, no police
"pas U lis of attainder nor retro, j guard it, and no dowers are pi;
sjieetive (in the printed journal ex ! fer&. This is the public reverence
I Hist facto) laws,'' and it carried, U0 the man's generous enterprise,
st yen States voting aye and two no. ; n - 'splendid house at the head of
On the next dav Mr. Dickinson the mrden there is an elemtut oic-
state.1 that on reading Blackstone's
Commentaries he had discovered
that "the term ex post facto related
to criminal cases only, and that the
provision as it stood wmi'd not re-
strain the States from passing retro- huge book is kept therefor visitors
sjiective laws in civil cases." Af-1 to record their names in. A c.iri
terwards, but upon whose motion 0ns feature of tlie garden is beds
does not appear, the clause was al- devoted to one Hower, For in
tered so as to read as it does now, stance, there is. a large lxd with
"pass any bill of attainder, ex post j every variety of cact.'s; another
facto law, or law impairing the oh-: with hundreds of verbenas, and so
ligation of contracts." Mr. Curtis, on. Everything is in prodigal pro
in his History of the Constitution, ; fusion. Shaw is near his grave,
thinks it is clear from the debates j. He has, in pursuance of his am
that the object of changing the bitioil, willed his garden to the
words Of the prohibition in the or- Uity, on condition that tne city
dinanceoi 1787 was to diminish binds itself to keep them up. Tiie
and not to increase the force of the city l,as eagerly accepted the be.
prohibition, In view of these fectt quest, and thus, throuarh private
the writer infers that the Supreme
Court would have decided differ.
ently, or would have ln?en more
gnanieo in ltsnecision of tne uari-: 'nie garden will lie forever dubbed,
mouth College case, if the full his-j "Shaw's Garden," aid be thus
tory of the enactment of that clause . travels on to immortality on the
had been before it. He also alleges guccessfiil realization of his stu.
that, whi'e the case was carefully : pendous anil most beautiful crotchet.
prepared and cogently argued by :
Webster and Hopkinson fur the i A patent met! ie.ine advertisement
plaintiff, it was imperfectly argued says : "this article will cure rheu
by Mr. Wirt and Mr. Holmes for j matism of nineteen years standing."
the defendant. In proof of this, he ' As far as it goes, this is perfectly
quotes from a letter written by ' satisfactory, but we want light upon
Webster to Mr. Mason on the 18th another view of the matter. Sup
of March, 1818, in which he says, J pose a man's rheumatism is only of
speaking of I lolmos' argument : three years standing, must he let it
"I'pon the whole he gave us ! stand for sixteen years more before
three hours' of the merest stuff that ! the medicine will cure it? Or if it
was ever uttered in a County Court. 1 has stood for twenty years is there
Wirt followed, lie is a good no hope of a remedy? We want
deal of a lawyer, and has very quick ' to know alwut this. It is going to
perceptions, and handsome power , be unpleasant for a man to endure
of argument. Hut he seemed to I rheumatism tor seventeen or eigh
treat this case as it his side could , teen years tefore he" can take a
furnish nothing but declamation : medicine for it.
Me made an apology for himself j
that he had not had time to study j A little four-year-old in Rich
the case, and had hardly thought mond, very fond of a certain dish,
of it until he was called on." ! w,iei aRkcd by Ids mother if he
This is very interesting history, I wouldn't like to be an angel with
, ,. . : wings and ny about heaven like his
and would seem to indicsto that littte bpotIieri reriedf after apaiwe:
hail better lawyers argued the ease, j -'No ma : I'd a heap rather be a
the decision would have been quite j hawk, and live on chicken."
different But the misfortune tie phasVladrclra, an
in this, that the principle decided ; (er tbe direction of Mme, Amanu,
i to the case baa been reaffirmed in 1 Weiulioh.
nearly every Supreme Court of the
different States, and has taken firm
, hold of the mind of nea- ly every
I I I I tl 1 1 1 ' I f I'll 1q ll'VUP 111 tllil laild
...
! What can be done about it? is the
question. Will our present Su-
1 preme Court overrule it ? The pec
'pie seem iletermiueil to :t't nil or
' ,
it in some wav. a no it the Supreme
',
Court stands in the wav, the popular
, " '
'. will will demand an amendment to
the .institution. One s orious tea-
I tnre of ,nir institutions is, there is
: always a ieaeearie solution of our
difficulties by the amendment of our
i organic laws.
J . '. '.'
E3 ' , ' r
Verdcu lit Hi nuilu.
'
. I!t,,r-V uf St' . Louif, 'f
given pr ctical execution to the i
Ivmai.kallll, Uwlwlur'sorHtfllirt
0f the age. He is a Scotchman, a
millionaire, and some seventy-live
: .vl'!"- ";'
lie has constructed the !
nnesi nower tiaroen in me wor i.
;,, , . . . . .
j It has .-jot) acres m it. and it is a
a .. l .i lit
Uorsreous marvel of a garden It :
i 1ms al the flowers in it obtainable
in the world, that will live in the
St. Louis chmate. It is a U'wihl-
! ering paradise id floral beauty.
lt tlitvl-iirs t.nmlii'V 1-I l,i mtllinitw
rtllU.llw i i, ,,, ,;;
,fs 0 (m m; ,e s,iaW .
Wm Mt km,w k lhnM
,jy wlfe am a,lori(1(, W(t, Ml I
Lrvatries ,aud hot-honses full of
. t,(p nWt extics A ,;,,, of ,00 I
hardeners is needed to keep the
place in oiiler. Shaw, it is said,!
spends tlie entira income-from his I
ture of Shaw, repiwtina m
standing among his flowers. Two
elegant portraits of beautiful la lies
; t()e aili of a past day, represent
some of his female progenitors. A
; liberality, gets, without cost, a !
J public garden not surpassed in the
; world for magnificence and beauty.
In punhashing a machine select the most fy-Mlarftf
NEW TKHTMPIIS!
kaijw or LAST TEAR.
j STATISTICS FROM SWORN UK
i L turns of ttwfWw pFftowlM V;"'1''1,'."
In 1871, (runorted in tStK, show thai the
Sin-'rr niBnnfac'nring t 'mn"unv Wld, lni
yeKr.overKORTV-FtVKTHI fCSANDnwre
miu hliKW than A Y 01 lief ( mii'imy, and
' imnntaw .('.ill t-nMfMm 0!f1 HV-
I tm? thn year. Nine nnt nt
I Singer Machln were for FAMIl.l nse
rowing, he rr at popularity of theMinter
" thfl'honsplwM. Annexed are too Sales
ofthe different makers:
whim-
rh- Sinjrr Vanuftte'a Ok SWif 8 ! "is
Wheeler Wilson MTVCn....Sold 174,8
; tinwc Mm -time On - Imsitc 1 . it
. itrnwr BakcrS M . Co
nnmesttcs m. Co " 4
, It' . i 1 M I 1
W'i V(l .t (il'l'w S.
! Wilson s M en ..
Am e t! H. (. i
M. Co....
M. Co...
is'
IS
: i Me 'al S H. L
; doronce s M. Co.,
TlTl s, BUt'KOARPKSA Co.,
Au'i'iils, Ail'ans , Or.
AHo. all krtiits of machine noedles ko'
for sole. iiovMyl
A. WBEKUtB. '. P, IIUUOK,
C. R, WHKKLEU.
A. WHEKLfcH A CO.,
!1IE1S, OIIEGOM,
1 u)n
it: I. lit
1 Ul'.l
Iinilcrsin Mfichan lisi' and IVo hi.v, A
(TOO' 1 assortment "f nil kin Is of (ioo.U al
ways In smrr at loweal mai'kel iiilua.
A'iciiti for sn'.c of Wagons, Grain Drills,
Cider Mills, I Ihnrns, kc, Ac.
( AMI pal for WHEAT, OATS, POUK,
BUTTER. BOGS and IWtTRY,
KOf XI IKY.
ALBANY FOUNDRY
And
Machine Shop,
A. F. t'HKKKV Proprietor,
ALI-AXY. OREGON",
Maniifaitures Steam Engines,
Flour aiul Siaw Mill Mavliin
cry, WOOD WORKING
And
jiAninMiriiOAi ManuiMCOV
I ABRICULTUKAlfflAUfflWtKI,
' Aa au kimis of
iron AS BBAgs fASflHCW.
Pnrtteularftentton paid to repairing all
kinds of machinery. 41 v3
DRUflS. KTf
A. UAUOTIIERS & CO.,
-Dealers In
Hi:iII AI.S, OIKS, PAINTS, DE
UliAMM, LAMPM, KTC.,
All the poii"1"''
PATF.XT JIEDIt'lXES,
LINK c'UTLEBY, CliUSS, TOBACCO
3HOTIOVS HKKt'UMEKYt
mid Toilet. UmmI.
Partlcutar care and pronmtness am-n
l'liysicluiiB' iwtMcrlptloiwanU Family Beo
A. CABOTHER8 & X).
Albany, Owgoniv8
!flurler in Albany
HASNEVKK YKTI1KKN HXOWN. AM)
uu threatening of it at present.
Death
Is a thins? which ROmetlmo must beflril
every sim niiil daughterof the huiiuin fam
ily ; and yet,
At the Mid-un),
Of your life. If disease lays his vile, hnnds
Upon yon, there Is still "ii Imlin In Gllead,"
by which von may bo restored to ' porfeel
health, and ptxJiong yourdayntoBmlrucu
lous extent.
How ?
By calling on
11. V. HILL & ION,
With ii proscription, where yon can lmvii
it compounded by one experienced in that
nartlpulnr Hue. Also, constantly on hand
a triKni, assort ment or fresh dings, patent
medicines, cheniicttla, piints, oils, dyo
Htull's, triiSHCs, etc. Agents for he
Celebrated link Weed Kemcdy,
Or, Oregon Rhenmattc Cure ; Dr. D. Jayne
A Sons' medicines, etc.
Spence's Positive and Negative Powders
kept in stock. Also agents for the
Home Nhuttle Newlnf Machine,
One of the most 'useful pieces of household
furniture extant. Call and examine.
Albany, June Iff, 7M0v
DRY COO I is. inv.
f 0B
tin W
ri e
I ft
s
sHs If.
1
a
0
a
Sf? cr m " 'f
V i - p l "
0 S
12
-:.y 2 ID b r 'J- W
m H
V
i.
H
ft
0
e s A "r1
I I. V- 0 " H
t.
0 I. h L
9
Ti
21 0
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v. l j
(Z)
WATCHES JEWELRY.
J. 11. TITl'S. J, li. Tin s
( HAS. Ilul RUARDKg,
TITOS, BOIMRDES & CO,
DEALEiiB in
Wattes, Cteeks,
JE WE L II Y,
Silver & Plated Ware,
DIAMOND SPECTACLES.
MANUFACTCBEI) ami .M),u;sTm
cspeeially (or the PaotfleCoBIt by th
NATIONAL ELGIN WATCH CO.
of Elgin, Illinois, viz:
Pacific,
California untl
Sun rranclftee
WATCH, and Wfl most confidently rec
omniend ihem to the public, as ixissegMng
more good qualifies for the price than any
other Watch in the market.
We also keep all other brands of Elgin.
Waltbani and Swiss Watches, Clocka, Jew
elry, Silver and Plated Ware,
ALSO
PiKtolH and Cartridge.
63" Repairing a Spcoialty. jpa
KiTAII Work Done nnd Unod Hold.
Wnrrankd to be an Hepreeatd.
Titan, Bourgarde & Co.,
AT JOHN QANTEK'S OLD STAND.
First street, ALBANY, OWWH
Krrs