The state rights democrat. (Albany, Or.) 1865-1900, February 04, 1887, Image 1

The state rights democrat., February 04, 1887, Image 1

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Newspaper Page Text4 THE STATE RIGHTS DEMOCRAT lbtUkMl every Friday jr STUBS NUTTlNfl. MIUtPirilt Dfmfrl nllIInaen Hraadalbtei utrrrl. TKRM3 Or SUBSCRIPTION Inst sepr. per yssr, la advance..... Si 0 (., par fmr. itwil of yaar t M ! ropy, sis. m.nithe... , x o , aule oopy, three months 0 ala numbtr M 0 PROFESSIONAL CARDS. L. H. MONTA.NYB. ATTORN AT LAW. fl Notary Public. 4 lb ah jr. Oregon. Offlne upstJra,ovr John Brigg store, tsl street. vlan23tf J. K. WE ATHERFORD , (NOTARY PUBLIC,) ITTORNEY AT LAW, A MS IN f. Ratal)-. UTILL PRACTICE IN ALL THE COURTS OP TRB IT State. SpeciM attention irlven to collection and aMP Office in Odd Pl law's Tample run r. o. rowm.u w. m. hi lt art POWELL & BILYEU, vTTORNRYS AT LAW, And Solicitors in Chnnferv. 1 I. R 1 Y . ... ORFfJOX. Collection promptly md on all point, boons negotiated on reasonable terms. JatrOfBeo In Pouter' Rriok.-ajs, vHnlttf. J. J. WHITNEY, Attorney And Counsellor At La? AND Notary Public. . ALBANY, OREGON, Will practice In all of the Court of intestate. All business intrusted to him arlll be promptly attended to. E. W. LANCDON, DEALER IN DRUGS, MEDICINES, CHEMICALS, BRUSHES, SOAPS, COMBS, and everything kept in a fl rat clam DrUg Store. Also a tine stook tf piano and organs. ALBANY. 0RE60N. POSHAY & MASON, m-ajBvt: a aarAUr- Oraggisteand Booksellers, Agent for John B. Alden'e pnblicaliona, which we aell at publishers rrioeo with eoatageadied. ALBAHT, OREGON. A. PRUSHAW, DRUGGIST, Stationary, Toilet Articles, Etc. PREsceiPTioss carefully filled, Open da; and night. Albany, Or. FURNITURE. ( have the beat atock of nrntture in the city and will aell Cheap, Cheap, Cheap, Tbo only atock of WALNUT FURNITURE in the citr and the loweat price in the Valley. Come and aee. Undertaking, a complete atock and can give SAT1M rACTION. Try me. , A. B. WOO PIN, Aloany Bath Mouse. Tag UNDKR51QNKD WOULD RESPECT fally iafora the oitisens of Albany and vi I any that I havetakeo charge of this Establish atnt, nd, by keeping eleea rooms and psyin rio t Attention to bailees, eipeett to suit iJI tn who may favor n aritb their patronage a via jt heretofore carried on nothing bat First-Class Hair Dressing Saloon evpeeti to giro entire satisfaction to al ss-Cr''14ia sal Ladles' Hair neatly e Ha,ne''e4 TOS WEBBER. DR. J.L. HILL, Physician and Surgeon, Office cor. Flrat and Ferry Street, ABANY - - OREGON. c. C OHKRKY. c..prRa ALBANY IRON WORKS. CHERRY & PARKKS, ' (Sncceaaora to C. C. Cherry.) Machinists, lillnTights, and Iror founders. ilfE HAVE OUR NEW8HOP8 AIX completed, and are now preparer! to handle all klnda of heavy work. We will mmnnfmrtnT Ntitam Rnirinefl. Griat and Saw Mill Machinery, d all klnda M Iron and Braaa Caatinfra. rATTBatm N tDK N ABORT WOTM'E. Special attention given to repairing all krlnrta nf mashinnrv. Will alao mannfac- ture the improved Cherry A White Grain Henrtor N. J. HENTON, Notary Public an Insurance Agent, 0- F. BUILDING - ALBANY, OP Repre aenta aeveral of the best Fire In aaveat naaCaatnaalM oa the Loaat. Call to him forreliable insnrance. A. 0. U. W. Members wtehiniremployment or desiring nalii will nleaaacll at Ked Brownell s tore and register their names. By Obuer orLoDOR. N EW SAUSAGE" MIL LS. We have on hund a fine lot of those new Enterprise aausege mills, which we intro duce in tbia locality. They positively beat anything von ever saw In your life. Come and look at them before yon kill year hogs. Stkwabt Sox, BARCLAY & ROBERTSON, Shipping and Commission .Merchants CALIFORNIA AND OREGON PRODUCE, Grain, Flour, Hay, Hops. Wool, Honey, Mustard Seed, Nuts, Dried Fruits, Etc, Boom 6, 408 California 8t Sau Francisco. Stab VOL. XXII. T JACOBS GERM Vs 11 Curat Rheumatism. Neuralgia, Lai EJ a i n , iint... i ..ia, i or r 8i vwwfovKXv. VI Mill AT THE CM RUM A. TUUt-kkU CO., Nil TISORK, SB. 4bolttrlu JFWe from Opiate; Emctfea ami Jftrfaete. SAFE. SURE. PROMPT. 25cts. At hai iMi r ! liniitm. TU I II VKLKS A. TOl .KUEIi t J.. millXv US, . SKIN AND SCALP Cleansed, Purified and Itenutlfl- ed ley the Cut leu rn Henaedlee. For eleanaing tho akin and scalp of dlsfltfuring hu mora, fr allaxifi.' itching, bunting aitd inflammation. for enrintr the flrat srsusna t Kcsetne, Prlvi, Milk Cruat. goaly Heed, Scrofula end other InhcriUai kin and btond dleaaaaa, Catleitra, the groat akin ourr, and CuUrura Roan, an exqulelt ekin txMtitlflvr, externally, and I'ulkwa Readaent, the new bU,.l lunn. r. intvnially, era Infallible. A C OHPLETB ( I RK, I have Buffered all my life with akin dlaaaaee ej ferent ktnde and have uev.-r f Mud Permanent relief, until, if the advice of a Jady friend, I uat your valuable peaeata Kerojio.. i irvjp tnm a tn..ruifh trial, uina lx bottlea of the fuUcura Hewdvcnt, two boea of i'uticura and aeven rakoe of Ctttlcuia Soap, and the reault arae J oat what I had oen tuM it wiuld BELLE WADE. Itlchronnd. Va Keferetue, O. V. Latimer, iruiralt, Richmond, Va. SALT RHEI N CURED. I tr. ul.led with Salt-Khetian for a nmlr of nara, ao that the akin eatireiv cam off ana 4 my hanlfrni the timer tin. ti the wriet. ! tried reme- ndduclora preaeriptlona to no purpnaa until I takiuir ruticura Keiue.li:a, ami now I am . i a . T.' PARKER, 379 Xorthomption St. IloMon . ITCIIINQ, HI-UA. PIMPLY. For the laat year I have had a aperiea of ttehinf , acaly and niniplt humor. .. my face to which I hare atlied a ifreat many method, of treatment without u ceea. and which waa peedtlv juni tnUraiv curad by Cuticura. MRS. ISAAC I'll ELI'S, Ravenna, . NO MEDICINE LIKE THEM. We have antd y..or ruticura Remarfie. fir the hot aix year, and no taeeSeaaeaon our ehelvee give bet ter attiafactloo . C. F. AT1I ERTOX.Drogwiat, Albany. V. T, CmcrBA Rsmuh tn are ald everywhere Price. CtTicraA, 60 ceota ; Rawotvurr, $1 ; Bnr. t& centa. Prepared hy the Potter frag ami 4 hemicai Oev, lwt-m. Maee. aead for "Maw te Car ah I a Btaeaaea.M CRUBS, pimple., Hkin fUemlie. and Raby ilumore, cured by Cuticura Soip. I ACHE ALL OVER. NeurAlKic. Sciatic. ud.len. Kltarp and Nervou. Fain., Straine and Weakaeaa re lleved let nr minute lv theCeillrei. rat Awll.Palw Platter New and wr- feci. At druicxlat, 'll eenta Ave for 91 . Potter lrux and Chemical Co., tiaatao. This lathe most PRACTICAL mOB-ODT 8HOB rrar invented. It la very OKNTEKL. and DRESSY and etraa she same protection as a bout or over-gaiter. It la aaarenient to put on and tbn top can tx adjnatad te At any anklo by shuply moving the trattona. Wot sale be L. E. BLAIN, Albany, Or. Red CrowiiMills ISOM, LANNING & CO., PROPR'S. NEW PBOCXaS fU'UK SUPERIOR FOR FAMILIBH A.VO BAKERS TJHE. BEST STORAGE FACILITIES. Highest '.Price in Cash fo Wheat ALBANY OR. ALBANY SAW AND PLAN INC MILLS. All kinds of rough, dressed and seasoned lumber ,laths and pickets kept constantly on hand- Bills sawed to order on shortest notice Use only best Calanooia timber- Price and terms made satisfactory. ROBINSON & WEST. F. M. MILLER, Attorney and Connslor At Law. LEBANON, OREGON. Willpractico in all tho Courts In the Stat MISS EMMA SCHUBERT Fine Millinery, OPPOSITE REVERE HOUSE. mi rur nnrir --- aSBVaT MtUI Red Star TRADE WAWK. a(iafURE 'rockford Pat. ST mKm& I j a ' - taaiUI KAL AIMUI Of aiOVrBXOH Gentlemen of the Legislative Ateembly. Having now taken (be oath of the office ms Chief Executive Magistrate of Oregon, I cannot but feel the great est tihtrust of mp abilities to. wards a proper anTTaltuful dlsaharg xf Its high aud responsible duties. We are at the very threshold of an era in the history of our government which wilt call for and imperatively demand the highest order of states manship, the mot deep-seated patri otism, aud the profoundest devotion to our constitutional form of govern ment. While Providence Is still vouchsafing to us fitting seed-times unit abumlunt harvests, and while we are blessed with a moat salubrious climate and fruitful.aoll, yet there Is abroad within our own State and all over the land a feeling of discontent, not by any means confined to the over crowded population of our large cities, but pervading the great masses of the working classes of the country. The farmers and the day laborers toll early and late, barely . receiving en ough remuneration for the absolute necessaries of life, and ail trades and Industries not favored by especial legislation are languishing, while, on the other hand, wealth continues to accumulate more rapidly than ever before In the coffers of the favored moneyed classes. The accumulation within the laat three decades of great wealth In the hands of the few, the unprecedented growth and arrogant assumption of overshadowing mom. p. olies and the hestowment of the great bulk of the burdens of government upon the laboring and producing classes, Is charged, and with gn at measure of truth, to a long-conilnm d aud persistent setiea of vicious ctsas legislation on the part of the Federal Government. Added to this, lathe further fact that while our population Is very rapidly increasing, and while a Isrge si ream of Immigration la still pouring upon us, this country has not In the future any new and fertile fields upon which to pour lis over crowded peoples. Now, population will become den ser and new issues of great moment and new questions of policy will de volve upon those who have control of government. Feeling, then, tho great responsibility which the march of eventa has placed upon those entrust ed with government at this period, I approach the discharge of the duties assigned me with feelings of awe, but with the fervent hope that the Ood of our fathers, whose guiding hand has been plainly witnessed In the past history of onr country, may still lead it in tbo ways of Justice, peace and prosperity, for long ages yet to come. The retiring Executive, who haa graced the office during bis term with bothdigoity and abllily,has Just now given you the required Information concerning the condition of the State, and it now devolves upon me to rec ommend such measures as by me are deemed expedient. In doing this I shall strictly confine myself to the recommendation only of such prac tical legislation as ahail in my Judg ment be In strict accordance with the Constitution we all have sworn to 0 support, and as shall be conducive to the best Interests of the State and the people. raZIOBT BEUULATIOaS. A law ws passed by the last Leg islature fixing the maximum rates of fare over railroads within the State, but establishing no maximum rates of freight. A law of this kind is ab solutely needed. The people of Ore gon and of the eastern portion of our State especially are subject to a most oppressive tariff rate of transportation on i be products of the soil, so burden some 88 to denrlvf them of the fair rehult of tneir hard, persistent and unremitting labor. It is the un doubted rfgbt and the imperative duly of the Siato to interpose its pro tecting care to that class of our fel low citizens who constitute the main stay and support of the common wealth. Under the law as it now ex ists rates of freight established by the railroads have to be posted publicly every six months. It would be prop- er that the rates established on the first of this year be taken into con sideration hy the Legislature, and that the rates on the main products of the country be fixed at a figure not exceeding the rates charged on railroads In the Atlantic States where therelis healtby competition, while a ... establishing reasonable rates on a other articles on the schedule. This is a feasible suggestion, but should the Legislature devise a better and more effective scheme, I would mo9.t cheerfully give- mj assent thereto. ASSESSMENT AMD TAXATION. There Is no matter to which your attention will be called during the present session of any greater impor tance than the matter of assessment and taxation. Tbe utter Inefficiency ALBANY, OREGON, FRIDAY, FEBRUARY of our present system waajto marked that the last Legislature appointed s commission to revise the laws relet, ing thereto. That commission haa done the State great service by pro curing and presenting data of great interest, and of ruggestlng a law In many respects very much superor to the one now lu force But with all deference to the very able gentlemen who constituted the majority of that Board, I doubt not that the views of this Legislature upon this question will coincide exactly with the views of the minority, and for the reasons he has so tersely and ably set forth. Of course It Is Impossible to attain perfection in a tax law, but that can be neareat attaioed by taxing all prop, erty within the State, real and per sonal, at Ita full value, and allowing no deductions whatever. That fea ture of the Vermont tax law should be added which requires thst each person ahall give, under oath, a full statement of his property, under the penalty of having his assessment made, as nearly as U can be, by the Assessor, and then doubled. I would impress upon you that Ibis feature of a tax sh uld not be by any means cmitttd. Our present law requires the property owner to make s state ment under oath, but as there la no penalty for noncompliance auch pro vision is a dead letter. There could then be no evasion, under such com. pulsion, on the part of any one, from bearing his Juit proportion of taxa. Hon, aod as the volume of tbo tax able property would be largely in creased under such a law, tbo rate would be correspondingly decreased. The honest taxpayer's burden by this plan would bo very materially dimln ished, as the dishonest one could no longer evade the law. Provision should also bo made for the taxation of foreign corporations doing large burlneaa In this State without much of either real or personal property within the State,andprovlaiou ahotrld alac bo made for the taxing of the sto.'k of alien owners pastured during certain portions of the year within State limits, which have heretofore escaped taxation. hates or lXTtaCST. The merelv casual observer caanot fail to notice that the moat prosper ous class of community is the money- loaning oUaa. Tbo profit on money loaned out at the present legal rate of interest Is much greater than Is the profit on money Invested In farm ing and other ordinary pursuit". And, as the law shouid allow no iavored classes, it would be proper that the legal rate of intereat on money b. flxed ao that the ra-)ny-lendersJ prof- It may not be so much greater than the profit of men In other avocations. The law should eodeavor to do some thing like equal Justice to all classes. Money Is clothed by law with an at tribute which no other species of property poaaesaea that of being a legal tender for debts and being thus favoied by law, It la but Just tbat ita profits should be controlled bylaw. The legal rate of intereat shouid therefore be fixed at not over 7 per cent per annum, allowing con tracts, however, at 9 per eent, but forbidding any stipulation ir. any transaction by which the borrower would be compelled to pay over $10 as Attorney fees in esse of a forced collection. TUB BBOtSTaV LAW. , In obedience to the exprssaed will of every voter of the State, both parties having deolarad for tt,tbe Lsgialature at ita laat regu'ar aasaton passed a general election law, among the provisions of which was one requiring tbe registra tion of voters preceding eaeb eleetion. At tbe sneeial session following, soma imperfections in the law were remedieei and another act waa passed, definitely describing tbe manner in wbioh aoob registration abooid be effected. Under, and in pnrauanee of this law tbe oeces- sarv steDS were taken for oairyioe it W ar aw into effect. A few days preceding the time mentioned in the law, in wbiah snob registration should be mads, the various officers appointed to earry it into effect abandoned alt further com pliance with its provisions in regard to registration, and as a consequence the operation of the law in that regard was suspended, in plain defiance of that Constitutional provision which declarea that "tbe operation of the laws shall never be suspended except by the au thority of tbe Legislative Assembly." (Art. 1, Sec. 23.) Tbis anomalous and moat extraordinary condition of affairs was tbe result of a suit which had been brought before the courts by a citfcen of Moltnomah county, in which it was demanded of the Court that an injunc- tion should be issued against tbe County Commissioners of that County restrain ing thstn from auditing and allowing bills against tbe County incurred in the execution of the registration law. The Supreme Court commanded the issu ance of tba injunction prayed for, for tbe reason, as alleged by tbe Court,tbat that part of the statute relating to reg istration, duly enacted by the Legisla tive Assembly of Oregon, was not the law of the State, It being, in tbe judg ment of two of the three Judges of that Court, in conflict with a provision of the State Constitution. There oannot be found in the Constitution of Oregon any warrant whatever fcr such a pro eeediog. There oannot he found in tbat Constitution any provision by which tho Judge of tbe aeveral Courts of Oregon are exempted from obedience te the lawa of tho Bute. There oannot be found there any warrant by which they can snapond.hy an order,tbe Oper ation of a law which that Constitution expressly declares shall never be sus pended but by the Legislative Aaaom bly. By that iaatrument they are bouad to obey and enforce tbo law,knd are net privileged to diategard and nullify the law. In that iaatrument there ia no provi.ion by which the unan imous will of tho people in regard to this registry law, regularly expraeaod in a legiaiative eaaMmeeeen be thwart ed by any two or three men in tbe State. Judges cannot make er no make lawa, but, tike others, they must obey laws. But it la claimed tbat thst pro vision of tbe atatntas relating to the registration of roteta waa note law, it having boon bold by tho Court aa being void beeettae it waa in conflict, aa tho Court doomed, with a Constitutional ptovieiea. If this claim be correct then tbo duly enacted statutes of tho State may not all be the laws of tbo State. If this claim be correct tho poo pie of tbo State aro In igoomnee aa to the lawa to which they must render obedience uotil they bava passed tbo oorutiay of the Si prams C irt and re esivsd its sanction. There' ia no war rant whatever fur any such claim in the Constitution of Oregon. Snob a doc trine ia the doctrine of tho Curla, and not tbo doctrine of the Constitution. A stato'e of the Legislative Assembly of Oregon, duly enacted, ia a law of tho S'.ae until it ia rojealed by the Legis lature. Its operation can bo n j aaore aoapoaded h a decision of tbe Conrt than it can by an order from tbo Ex ecutive. 'There eon bo no mistake whatever abou: tbia pre pool lion. The Conatitotion axprfeaaty declare that "every statute ahall bo a public law noleao otherwise declared ia the otatota Itself," (Art. 4, S-o. 27,) and therefore this regialratioa aot was a "public law," declared to bo aueh by tba Constitution, no'.wi'hstamling tho Supreme Court de clared it to be not a law. Tho Stale government of Oregoa is composed ol throe separate dapartmente ibe legi.. lative, the executive and the judicial. Bach ia independent in ito aphore, and ibe aotioa of eacH crnerating withiu aaob apbero ia blading upon tho other, Tbo judicial branch etn no more nullify a law of tbo Legislature by a decision, under oar State Conatitutlon, than eao the legislative branch nullify a deoiaion of tbe Court by a legislative enactment, or than can the Governor set aaide both the deoiaiooa of the Courts and the statutes of the Legislature by an execu tivo oider. But tbe Courts have ad vanced tho theory that it ia tbeir prov tone, in ease they are of tbe oj i nion that tho Legislature has erred in regard to a Constitutional question, to nullify the legislative aot b a judicial deci sion. Tbia doetrino baa no found ation whatever in the Cooatitutian, it has no foundation in tbe common law,it has no foundation in reason, (for the common law is "the perfection of reason,") and it baa no olber foundation than the dictum of the C urta thamaelvea. II the Court possess tho power to nullify a law of the Legislature by a judicial order, then ths Legiaiative and the ju dlciat branobea aro not co-ordinate branehes but the legislative branch ia subordinate to tho judicial. Such doctrine "were to set the judicial power above that of tbe legislative, which would bo eubveraive of all government (I Blackatone, 91.) If the Courts, aa claimed by them, posaesa tbe power to declare an act of the Legislature void. then no enaotmont of tbe Legislature oan be a Jaw without tbe ultimate con aont of tho Courts. If tbia dootrioo ba correct, if we aro final iv to look to tbe Court and not to'tbe Legislature for - a - a tbe law, the Legislature neoesatrily be oomes an useless appendage of govern ment. We might as well at ouoe dis penee with it and lot the Curta at first, declare the law. It would ba produ c tive of muoh leas confusion. And if there be no Legislature there need be no Executive. The officers of the Court could enfore the law of the Court. Then we would have in name what we now have in truth, if this doctrine of the Courts bo the correct doctrine, not a oonatitutional government of three a&p arate and co-ordinate branohs,hot that very worst form of tyranny the gov ernment of a judicial oligarchy. The Courts have aesumed tbat the question as to whether a statute waa oonatitu tional or not is a judicial queatiou.Thia is very clearly a mistake. It ia a leg iaiative question. The members of the Legislature, aa well aa tha Judges of i,he Court, before entering upon their tmmml 4, 1887. dutiea take an oath toauppott ibe Con stitution of tbe Statu. Hence, in ola- diense io this oath, whenever a bill ia presented, dm question is at one r raised in tbo Legislature aa to whether it ia constitutional or not. If it is a necoa aary measure, and if in the judgment of the Legieiature it ia ooiiatituiioiiul they pasa it and it bacomes a Uw, and tbsir judgment in regard to the consti tutionality is a'fioal judgment, (subject only to the levision of tbe people wbo make tbe Constitutions,) and it is con- cluaive upon tbe other departments. The common law dootrioe, which teor g. nixes aa a legislative prerogative the determination of the constitutionality of lawa in absence of ox presa delegation by tha Constitution of such legislative power to tbe Courts, ia do law of the and to-day, audabenoa the Legislature of tbe Siato like the Farliaiuaut io England is tba rightful judge as to whether a law i C institutional or not. The Courts have no appelate legialativ power under the Coin-notion, to revise the judgment of tho Legislature io this regard. Aod when they claim this right, ft is in de6anee of a tule which in regard to tbemaetres they obey. It Is a rule of law recognized by ihe Courtr, that when a Court has lurisdiotiou its ar udgment is final aod ooneluaive except here appeal ia given by law. But In relation to tho Legislature they disre gard thia rule. It ia tbe functioo of the Legislature, heeause it ia its duty, to paaa upon tbe constitutionality of every measure brought before it. It latest neoeaaarily do so. It therefor baa jurisdiction of tbia very queaiinn and inaamucb as there is no appellate egislatiye powwr given by tha O insti tution to the Courts, th Judgment of the Legislature ia final.ahd according to their own rule,ie conclusive npn tbem. The question aa to whether a law l constitutional or not ia a legislative question and tha deoision of tbe Legis- etur is as bioding upon tbe.Court aa it is npoo tbo Executive or upon the ;opte. In order te further show tbat under our Constitution such decision ia final it ia but necessary to consider that revision in regard to the psaaage of a aw over the veto of tbe Executive. Let it be auppcaed tbat a bill ia passed wbioh io tbe judgment of tbe Execu tive ia plainly aod paloably in violation of the Constitution. He vetoes tie bill and give tbe reasoos why, in bia judg ment, it ia unconstitutional and returns it to the IrSgiaiatute. In ih-i opioion of two-thirds of each house the bill ia eorvatttutiona.,and it is therefore passed over bia veto, apd thereupon tbo Con stitution declarea that "it ahall become Uw." Haa the Executive a right to disregard thia law and treat it as a nullity because in bia judgment it io unconstitutional ? There ia no warrant for it in the Constitution. Have tbo Judge a right to diaregard the law,and neat it as a nullity beoanse in tbeir judgment it ia unconstitutional ? There ia no warrant fcr it in the Comatitution. But auopooe, aa ia tbe frequent custom, .his question ia brought before the Courts. Thev paaa upon the statute, aud declare, sa is the increasing wont of the Courts, that it ia eontrarv. in tbeir judgment, to the Constitution and therefore that it ia no law. In that event what ia tl.r duty of the Execu tive ? Here is the plain mandate of tbe Constitution declaring that statute to i a law. His duty, under bia solemn oath, is plain. The mandate of the Constitution is higher than the mandate of the Couitr. The Constitution must be obeyed and the law must be enforcetl. Its operation m't not be auspcuded but by aot of the Legislative Assembly Nor is there any warrant in the Federal Constitution for tbe power assumed by tbe Courta to declare an enactment of the Legislative Assembly void. The aeoond Section of Article III of the Fed eral Constitution, aa presented to the Oonyenlion which framed it,by the com mittee of five declared tbat the judicial power rhall extend to all cases arising under the laws of the United States." When the motion was made to add the words,"the Conatittttion'oVjection was raised because it waa thought "it waa going too far to extend the jurisdiction of the Courts generally to cases arising under the Conatttution and that it ought to be limited io oaaes of a judicia-y na tore." The motion was agreed to nem eon, "it being generally supposed thkt the jurisdiction given was constructively limited to o.tsea of a judiciary nature,' (5 Elliott, 483.) The leading men of that Contention were common law law- yers,and when it wa generally suppos ed thaf'the jurisdiction ghea was oon- struotivoly limited to cases of a judi ciary nature," it Va beyond all question that the jurisdiction referred to was the jurisdiction ot the common law and was not broad enough to authorise th Courts to deolare an act of the Legislature void, for at that time no Court where the common law prevailed, or no Court of any civilized oountry in si! Christendom ever had deemed its jurisdiction ample en ugh to amend or unliify a law of the Legislature by a'judioiai decision. This See ith page. VO 27 1886. j FALL AND Ni H. ALLEN & GO.. To the Front! With a large and well f'UJK, GASH, and will be sold at PRICES NEVER BEFORE OFFERED IN LATE STYLES OP Dress Goods, Trimmings, Velvets Also the a LATEST NOVELTIES IN CLOAKS, Just Received DIRECT FROM EASTERN MANUFACTORIES I which for make and style also keep a full line of Gents' Furnishing Go ds, GROCERIES, BOOTS AND SHOES. Dry Goods, Hats. Gaps, distance will be promptly executed, and samples will be sent upon application. PRODUCE TAKEN in oxchange for goods, N. H. ALLEN & Co., 57 First Street Albany, Csmresi SMrecter U. P. 0n ecu. Preaching eTery Sahba'n. t eraing and eveniog by Rev. F, O. Ir Hoe, if. D. Sabbath School at 2:30 T. M Prayer raMttag every Wed neaaday evening SvaaoauoAL Cauaca. Preaching on Sb Sath at 10,30 a. M., and Ir. s. Sabbath School 10 00 Prayer meeting every Wtd a day evening "30. 8. KL Davie, pastor. AH era invited . Coy a aao atiom ax Cm v acn. Service er Sabbath rooming and evening. Sabbath School at 12:1.1 Prayer meeting on Wednesday evening ol each week. Kev. H. V. Rotaiager, Pastor. at. E. GucacH.SooTU. Preaching every tb nl Sabbath ia each month at II o'clock a. at. and at 7 o'clock r. M. Sabbath School each Sabbath at 10 o'clock A. K. Pravcr meeting Friday evening's at 7 o'clock. J.W. Craig, Pastor. M. K. CucacH SotTrittTASOtaT. Preach, iag ou ths first Sabbath of each month morn ing and evening. Sunday school each Sal hath at 10 o'clock a. n. Prayer meeting Thursday evening. J W Craig. Paator. It. E. Cacao a. Preaching every Sabbath morning and evening. Song service in the eveni ag before sermon. Sabbath School dt 2.30 r M. Prayr meeting every Thurs day ovening. Rev. H. P. Webb.pastor. PaaattraaiAir Church. Servioe every Sabbath morning and evening in Church or. Broadalbin and Fifth Sts. Sunday School Immediately after the rooming servioe, Prayer meeting every Wodneaday evening. Rev E R P rite hard, pastor. FtaaT BaftistChorch. Preaching evtry Sabbath moraine and eve'g.at Church on fth Street. Sabbath School immediately atier morning service. Prayer meeting eytry Thursday evening at 7:30 o'clock. T U eVewnson, pastor. Catholic Cucacu Service every Sun day at 10:30 A, m. and 7 r. u. Last Sunday ef the month service at .ugeae vary, am. Louis Metayer, Rector. Albany Market. Wheat 75aUer bu. Oats 31 " " Butter -25 eta per lb. Egg 25 cents per doe. Reef on foot. tH 2Jo Hay baled, $12 to $14 per ton. loose J9 to $11 Potatoes 75 ots per bushel. Apples -40 cents per bu, Poric 4Xo per lb. Bacons haras, 12 He shoulders, do. aide 10o. Lard 8c per lb. Flour 4.50 per bbl. Chickens 2.50 par dor. Sugar San Frauclac C, She Dry granulated 7 c, Mill Feed bran, 11.00 pox ton. shorts, 15. middlings, 13. Chops, la. Remarkable Offer. Taa Democrat $2 00 New York World 1 00 Pure History of this U. S I 50 AkTSBIOAM FARMRR 1 00 $3 60 And cheap at tha price mean at trie price ; oan we oner ine fonr for $3.25, giving remarkable bargain. Drop the aiericaa Fanner and yen tan have the three remaining for S3. Drop 1 he World and History and yeo oan haye t he two others for $2. 25. The history is a 120 page beok nicely bound, and ia worth t ho egular price. STATE RIGHTS DEMOCRAT. THE BEST ADVERTISING MEDIUM IB T1JE WILLAMETTE VALLEY. Special bualoes notices In Local col umns 10 cent per line. 6 eenfs eaea additional Insertion. For Jpgal and transient a)vert'.smeot ft 00 per square fur the first iiiaerllon.surt AO cents per square fur each auhaaou'urt Insertion, Kstea for other advertisement made known on application. WINTER. 1886. selected stock, BOUdHT cannot be excelled. We etc., etc. Orders from a Conrad Meyer, -PROPRIETOR OFV- STAR BAKERY, Cnrner Broadalbin and First St?., DEALER IN CnnMl Fruits, r atoned iff est U Qa eeaa wavre. Vegetables, Cixstre, Knleesj, Tea, Etc tilassware. Dried Fruits, Tobacco, eir, oflTee, Etc., In fact everything tha. is kept In a gen eraV variety and grocery store. Highest market price paid for ALL KINDS OF PRODUCE. First National Bank OF AI.KWY, OREUOBT. President . t. PUKN Oaahler - GEO. E. CHAMBERLAIN TRANSACTS A GENERAL nankincuainese. ACCOUNTS KSPT aubjeet to cheek. SIGHT EXCHANGE and tle?rantitc transfer. soW cm Now York, San Francisco, Chicago tad pyrtl a Oratron. COLLECTIONS MADE on favorable to. E. Yovno, G0, K CKAXBBaLAIS, l. nan. L. r. H!.lN. Walter E TvKHBLL, J. L. COWAN. J. W. CUSICK Linn County Bank, COWAN & CUSICK, ALBANY - - - OREGON. TRANSACTS a freneral banking business. DRAW SIGHT DRAFTS on New York, Saa Fran etscoand Portland, Oregon. LOAN MONEY on approved security. RECEIVE deposits subjec. te check. COLLECTIONS entrusted to us will receive prompt tention. H. F. MERRILL: BANKING, INSURANCE, COLLECTIONS, EXCHANGE. Cor. First and Ferry Streets, ALBANY, OREGON. B ARN DOORS, Never pat up a new barn door nor re Lang an old one until yon flrat call oa Stewart A Sox and see what they hare new in baxn door hangers- eornethieg tbat will not break: down. O HOME BLESSED WITH A BABY is complete without the monthly visits of Z?aitf Aeoti, that delighfc.com- fort and aid of the mother. Only publica tion in the world devoted to the care of young children. We are lad to reoommond ft (5 Beekman St. N. Y.) 1.50 a year ; 15centaaoopy C'.ubbel with the Demo crat for $3 a year.