The Corvallis gazette., May 14, 1880, Page 2, Image 2

tfEEM CORYAlilS GAZETTE,
OFFICIAL PAPER OF THE STATE
J-71CIAL PAPER FOR BENTON COUNTY
iorvallis, May 14, 1880.
CTK&r
BEPUBLICANTATE TICKET.
For Congress,
M. C. GEORGE.
For Presidential Elector.
GKOt B. CURRY, E. L. APPLEOATE,
a B. WATSON.
For Supreme Judges.
W. P. LORD, J. B. WALDO,
E. R WATSON.
For Circuit Judge.
J. F. WATSON.
For District Attorney.
JAS. A. YANTIS.
BENTON COUNTY REPUBLICAN TICKET
For Joint Senator.
It. A. BENSELL.
For State Senator.
E. WOODWARD.
For Representatives,
F. M. WADSWORTH, G. A. WAGGONER,
DR. F. M. CARTER.
For County Commissioners,
K A HURLBUBT, J. L. LILLY.
For Sheriff,
SOL. KING.
For Clerk,
B. W WILSON.
For School Superintendent,
E. B. McELROT.
For Treasurer,
J. W. WILLIAMS.
For Assessor,
SILAS HOWELL.
For Surveyor,
GEO. MERCER.
For Coroner.
DR. F. A JOHNSTON.
PUBLIC SPEAKING.
RALLY, RALLY, RALLY !
Vh.-iL L'-.SS
!, RITJ'S IlLLOKV
Will address the citizens of Philomath and
vicinity, on the political issues of the day,
on Wednesday, May 19th, at 1 o'clock p. m
Mr. Mallnry is an eloquent and forcible
speaker, and we predict for him the largest
audience that has ever gathered at Philo
math. He will also speak in Corvallis on the
tame day, at 7:30 in the evening.
MR. GEORGE'S SPEECH.
On last Saturday evening Hon. M.
C. George, Republican candidate for
Congress addressed a large audience
at Hamilton's Opera House, in this
city. Mr. George is a forcible and
argumentative speaker. The greater
portion of his time was occupied in
discussing national questions, fear
lessly condeming the strong parti
zan conduct of the recent extra ses
sion of Congress, holding up to view
the inconsistencies and frauds of the
Democratic Congress ; declared him
self in favor of State Rights, but
opposed to State sovereignty ; prom
ised, if elected, to do his utmost
for all portions of the State of Ore
gon, and to work for the interest of
the State with all the zeal and fideli
ty that he would work for a client.
In speaking of the Yaquina Bay,
Mr. George said :
" If it ever comes in my power to assist
in the completion of the Yaquina railroad,
r in developing that Bay, or opening out
the resources of this portion of the State, I
shall do it to the utmost of my power.
My record in the State Legislature is that I
have gone for and supported every material
proposition for the benefit of the Willamette
valley. I did my best for the extension of
time for the Yaquina railroad. The bill for
that purpose was introduced in the Senate
on Saturday ; it was a very long bill and
the Senate did not understand it. Senator
Apperson objected to its passage, and it was
likely to le killed. The Senate adjourned
until Monday morning, and on Saturday
afternoon, without solicitation from any
one, I examined and compared the Aiew bill
with the old, section by section, and on
Monday morning explained it in open Sen
ate, and it passed almost unanimously.
Then I was representing Multnomah county.
Is it likely I will do less when representing
the whole State of Oregon?
I understand that Gov. Whiteaker is
about to secure an appropriation for the
Harbor at Yaquina Bay, of $40,000. I
hope he will succeed, it ought to be $100,
000. If elected in June, I will go and visit
the Bay, the better to acquaint myself with
its needs."
Mr. George left a good impression
and will receive a hearty support
in June.
Hon. R. A. BEX3EI.L, Republican candi
date for joint State Senator for Benton and
Polk counties, is one of the most popular
men in Benton county, and will get a tre
mendous majority in June. One reason of
his popularity is that he has always been
among the foremost in advocating the inter
ests of his county and the Central Willam
ette Valley, no man having worked more in
dustriously and unceasingly for any and
every enterprise calculated to prove benefi
cial to his constituents. He is a live- man ;
energetic, able and honest in the perform
ance of the duties devolving upon him, either
in his capacity as a private citizen or as a
servant of the people. Bensell will come
in on the home stretch away ahead, and
don't you forget it Albany Register.
Farmers are complaining of the contin
ned rains, though neariy ail the crops are
in na looking well.
RAILROAD TO KINGS VALLEY.
We are pleased to hear of the in
terest taken in the construction of the
narrow gauge railroad from Dallas to
Kings valley. We are informed that
the citizens of that place are very
much interested, and making every
effort in their power to meet the re
quirements of the company. This
company proposes to construct their
road from Dallas to Kings valley,
provided the citizens will subscribe
$10,000, to be paid in either money
or produce, and no payment to be
made until the road is completed.
No proposition could be more just,
or attended with more advantages
to the people, and they are too sensi
bly alive to their own interests, to
allow this golden opportunity to pass
unimproved.
Aside from the advantages to the
immediate country through which
this road runs, it is of incalculable
importance to Benton county. Eve
ty development of one section is a
matter of interest to the whole coun
try. We congratulate our Kings
valley friends on their fortunate op
portunity, and hope soon to hear of
the iron horse, in their midst.
A Supreme Judge requires a well balanc
ed mind, and it is therefore evident that the
election of the Republican nominees for
Supreme Judges, is not desirable. It is not
an infrequent thing for Lord to get so drunk
that he is totally incapable of attending to
his cases, and the other candidates, it is
said, get fully " as drunk as a Lord. Blade.
This is another case where the re
markable constitutional impediment
in the veracity of the Democratic
editor asserts itself. No one acquaint
ed with Major Lord will believe such
stuff, and those unacquainted with
him will "consider the source," etc.
Mr. Lord is an able, studious, and
honorable lawyer, and is the peer of
any man in Oregon. He rendered
distinguished services to the Union
during the late rebellion, having
served throughout the war, and by
meritorious conduct arose from the
rank of a private to that of Colonel.
"BOSS MCFADDEN," OR THE DEMO
CRATIC PARTY OFBENTON COUNTY.
Ed. Gazette: The history of human
events verifies the fact that in days past
there existed in the metropolis of the Uni
ted States one " Boss Tweed," who, during
his palmy days, was synonymous with the
democratic party of New York City, and
who arranged and concocted all political jug
glery, stocked democratic conventions, and,
in fact, run the whole democratic party of
that tim and place. The office seekers of
his party looked up to him as the only per
son through whose influence and contriv
ance, and none other, they could 'expect ad
vancement to political position. Strange as
it may seem, yet it is nevertheless true, that
in later days there existed in the state of
Pennsylvania a youth of ordinary attrac
tions, who there grew to manhood and con
cluded for political purposes to abandon his
native home and seek his fortunes in
the far west. In accordance with this de
sign he immigrated to Oregon, and located
in the metropolis of Benton county, where
this wonderful individual has since devel
oped into a full grown ' ' Boss " W. S. Mc
Fadden, which is synonymous with the
democratic party of Benton county. He is
synonymous with that party for the reason
the last few months have developed the fact
that he has. been extremely busy, and has
fully succeeded, in stocking the democratic
primary conventions all over the county, for
the purpose of getting delegates to the so
called county convention who would and
did vote for, and nominate, his particular
pets and strikers as democratic candidates
for the several offices of the county ; and it
is a noted fact that, in that democratic con
vention, there was not one amongst the
whole army of candidates who received a
nomination at their hands except the partic
ular ones, in every case, whose nominations
this youthful " Boss " McFadden was the
champion and advocate of. All other heads
were deliberately cut off, and cast away with
the rubbish to await more favorable times,
until they could learn to participate in the
dark and damning deeds at a moment's sug
gestion from their "Boss. Lake the old
" Boss," of Mew York, the successful candi
dates, and all others, realized throughout
the whole struggle they could not and would
not succeed unless this "Boss," Jun., of
Benton, could be induced to champion their
claims ; hence this " Boss " McFadden, this
synonym of Benton county democracy, this
tyrant to the democratic people of Benton
and their principles, has deliberated, met,
suggested and made the nominations for the
people of his so-called party to march up to
polls and vote for, in accordance with the
supreme will of their "Boss."
While the great "Boss," of New York,
had no particular occasion to interfere with
the republican nominations, or their con
ventions, of that time and place, yet this
"Boss," Jun., this progressive "Boss" of
the democratic party of Benton, has made
an attempt farther in the progress of politi
cal jugglery, and has done all in his power
to suggest and form combinations, indirectly,
with unsuspecting parties to stock the re
publican nrimaries of the countv. and there
by afford him an opportunity to dictate the
nominees for office in the republican ranks.
But this attempted progression did not suc
ceed. The republicans of Benton concluded
that it was a little in advance of the times
for him to make this innovation on the po
litical example of the old " Boss " Tweed of
New York ; hence his utter failure.
Yon see. therefore, " time honored " dem
ocrats ot Benton county, that it becomes
your absolute duty to obey the will of your
Boss, Mcr adden, by coming, one and all,
to the polls next June and voting, without
scratch or blemish, for the straight, "Boss"
McFadden, democratic ticket of Benton ;
for he has willed they be nominated for
your own good, without your consent, and
you surely ought to, and must, vote for
them after his great pains-taking in your be
half. Bradley.
Corvallis, May 12, 1880.
FROM ALSEA BAY.
Editor Gazette: For the benefit
of those who read of this part of the
country, I will give a few items con
cerning the Alsea country. The Al
sea river takes its source from the
Coast liange near Monroe, in Benton
county. What is known as the Al
sea valley, lies well up the river 35
miles from its mouth, and 25 miles
sontl'-west of Corvallis. What is
known as Lower Alsea, is from about
the head of tide to the bay. The
tide flows 1 0 miles up the river. There
is quite a good settlement in the
Alsea valley, and settlements are
being made quite often all the way
down to tide water, and from here
down quite closely settled, although,
still room for more. ' " Alsea" is the
postoffice in Alsea valley. Tidewater,
at head of tide and Collins, at the
bay near its entrance. Those coming
to the bay can come down the river
either a foot or on horseback to head
of tide where they will have to em
bark. Coming with team by New
port is the only route which is a good
one in dry weather.
We very much need a wagon road
down the river which would give the
Alsea valley people a chance to haul
their produce to where it can be
shipped and marketed, as well a give
us nearer and better communication
with Corvallis. As to land hunters,
I will say this : That there is vacant
land on the Alsea (as well at) some
that had just as well be vacant,) but
I can not say how good, or bow sit
uated, but if those who want land will
come prepared to stay a week or two
and look at the country and get
acquainted there will be some show
to find land, and if the people here
are satisfied that a man wants to find
a " home" he will be assisted, but we
are " down" on this holding land
without occupying it, and will throw
" stumbling blocks" in their way.
We want bonafide settlers. We
want to see school houses and
churches spring up in this part of
God s moral heritage. We want
roads and something produced to call
attention to commerce. Our bay is
accessible for vessels drawing 12 feet
of water, according to Habbershams
report, and as soon as there is any
thing to justify there will bo vessels
in here to carry away our produce,
and whenever it is necessary buoys
will be laid on the bar.
We had a wedding in our neigh
borhood, Mr. O. V. Hurt to Miss
Sarah M. Starr on the 11th ot April,
and there is a chance for more, as
there has just arrived four young
ladies from Alsea valley, and there
are just four bachelors on Drift creek,
and this is leap year 'rah for Alsea.
Beecher.
Collins, Or., April 21, 1880.
U. S. Census. The following are the
names of the enumerators for the several
districts of Benton county : S. L. Shedd,
F. H. Sawtelle. C. L. Bennett, J. Thomp
son, W. A. Pock, W. P. Keady, M. H.
Parker.
PHILOMATH VICINITY.
Editor Gazette : Correspond
ents, when referring to the prospects
of impending harvests, generally are
very apt to become so enthusiastic,
when at the writing desk, as to an
nounce it the most brilliant and
anything previous out shining one.
I shall not exaggerate facts, however,
I feel compelled to state that in all
the different parts of the hills, which
I visited dnring last week, Greasy,
main Mary's river, King's valley etc.,
there expectations are more than
contenting one's self and not behind
of late years.
The farms of Messrs. McLane,
May, Gellitly, and especially the
farms of the former gentleman, are
making an' excellent showing; a re
ward for their hard labor they done
at it. Mr. McLane must have from
130 to 150 acres sowed" in wheat,
certainly a fast world speaking of up
here in the hills. Up on Mary's river
Harris takes the lead as farmer; not
a square foot of his clear land is left
laying idle. A most attractive pic
ture furnishes the farm of Mr. Henry
DcCullough. Looking down at it
from the hills among which it is nes
tled, it seems as if Nature had made
it her most favorite seat.
Blodgett's and King's valley, also
may join in the expectation of those
already mentioned places. The Ya
quina railroad, if its accomplishment
is carried out that far, will receive a
bulk of grain for transportation next
summer from those places. The
bread-baskets of Benton will all be
filled again, and people needn't cut
their slices thin.
Our saw mills up here are all pret
ty busy at present. Mr. Newhouse,
on Beaver creek is in advance, Messrs.
Enos and Henkle closely following;
all cutting as much as their capacity
allows. In regard to the quantity
of the lumber, the Beaver creek mill
stands on the head ; just merely
looking at the lumber pile on that
place, produces the desire for build
ing castles. Having plenty of lum
ber cnt ont here in the hills is, no
doubt, a great benefit for Corvallis
this coming summer, because the
Corvallis mill has had bad luck with
the logs this winter, only half the
logs intended for that mill, reached
their place of dest ination ; they were
left, thrown out by the first high
flood, scattered on the banks of
Mary's riv'er,all the way from Felger's
mill down to the month of the river.
Liberal
Philomat Vicinity, April 23,. J. 880.
AH LEE THE CHINESE MURDERER.
We noticed, last week, the execu
tion of Ah Lea, in Portland, for the
murder of a Christian Chinaman, in
the Joss House of that city, over a
year ago. His counsel, after failing
in every other attempt for his release,
finally made application to Gov
Thayer for a reprieve. Failing in
this they applied to Judge Deady for
his release from state authority upon
a writ of habeas corpus. We give
below the letter of Gov. Thayer and
Judge Deady's decision in in the
matter, from the Oregonian of the
20th inst.:
On convening of .the United States cir-
cuft court yesterday forenoon, Judge Deady
said that he would proceed to pass on the
question of the application for a writ of
hobeas corpus in the case of Ah Lee, the
condemned Chinaman.
Judge Dead v remarked that since the ad-
m T, 1 nj 1 1 1
journment oi tne court, last r nuay, ne nau
received a letter from Gov. W. W. Thayer,
in which the chief executive of the state
had declined to jrrant a reprieve to the con
demned man, stating therein his reasons for
so doing. The followiug is the letter of
Gov. Thayer :
Portland, April 17, 1880.
Hon. M. P. Deady, Judge of the District
Court of the United States for the District
of Oregon Sir : I have the honor to ac
knowledge service of a notice in the matter
of the application ot An iee, ior a writ oi
habeas corpus, to be directed to B. L. Nor
den, Esq., sheriff of the county of Multno
mah, which is now pending before the Uni
ted States district court, for the district of
Oreeon. and which notice, as I understand,
was served at your direction. By the terms
of the notice, liberty to appear m ine pro
ceeding and resist the application, is courte
ously extended to me as governor of this
state. It is well known, and I suppose the
petition before you disclosed the fact that
the petitioner, Ah Lee, was, more than a
year ago, maiden in tne circuii, cuui w mc
state of Oresron. for the county of Multno
mah, by a grand jury of that county, for
the crime ot murder, tnat ne was amy inea
by a trial jury of the circuit court who re
turned a verdict of guilty of murder in the
first degree, that sentence of death was
thereupon pronounced against him by the
court, and a warrant issued for his execu
tion to the sheriff of the county, and that
he is now awaiting the day fixed in the war
rant, to expiate the crime of which he
stands convicted. I am informed that it is
alleged in the petition, and that the petition
er's counsel claim, that the state court in
which the petitioner was tried an,d convicted
had no authority to try him, that it was not
legally constituted, that it was only a pre
tended court, that the act of the legislative
assembly of the state of Oregon, entitled
" An act to provide for the e ection of the
supreme and circuit judges, in distinct class
es," passed October 17, 1878, is unconstitu
tional and void for various reasons ; and, as
a deduction therefrom, it is claimed, I sup
pose, that the appointment of the several
judges both of the circuit and supreme
courts in accordance with the provisions of
the act, was a nullity : that they do not
hold their respective offices even colore offi
cii, and that all acts of the respective
courts, over which the distinguished gentle
men have respectively presided for more
than a year and a half past, and to whom
has been committed the entire administra
tion of the judicial department of the state
of Oregon during that time, are invalid and
can be inquired into in a collatteral proceed
ing an application for a habeas corpus and
before another jurisdiction. It is unneces
sary for me to say that I wholly dissent from
such a view, and 1 may very truthfully add
that I regard it as quite presumptuous. The
question as to the construction of the con
stitution of the state and the validity of its
laws necessarily and rightfully devolves up
on its constituted authorities, and when the
subject matter pertains strictly, as in this
cage, to the regulation of the internal affairs
of the state, no other authority on earth has
any right to question the determination of
its tribunals upon the subject, at least this
is my opinion, and I shall strictly adhere to
it so long as the political heresies of the
day, that the United States is a nation and
not a federal union, do not gain absolute and
complete ascendency.
Since the organization of the judiciary of
the state under the act of October 17, 1878,
no one has ever attempted to challenge the
authority of the judges appointed under the
act. Every department of the state govern
ment has recognized their authority and it
has been fully acquiesced in by the people,
at least so far as the authority of judges and
courts are usually acknowledged.
Important controversies have been adju
dicated upon between private parties, and
innumerable lines, forfeiture and punish
ments have been inflicted at the suit of the
state ; many of the punishments have been
in capital cases. Besides, the organization
is liable to continue indefinitely. At the
ensuing June election of the state, judges
will undoubtedly be chosen in accordance
with the provisions of that act. An attempt
ed nullification of it now at the instance of
some disappointed suitor and in a court of
another jurisdiction in my judgement does
not deserve the countenace of any one, and
to entertain jurisdiction in such a case, un
der the circumstances refered to, to my mind,
and I say it with dne deference and respect,
would be an unwarrantable intrusion upon
the legitimate prerogative of state author
ity. As governor of the state, I appoved the
act of October 17, 1878, and appointed the
judges, provided for therein, and now, at
this late day, if I were to concede in any
manner, that there was such a question, as
to its validity or as to the legality of those
appointments, that might, in any view, oper
ate so disastrously to the state, as would a
determination that the acts of onr courts for
more than a year and a half, have been a
nullity, and that that determination can be
had in a court whose authority is derived
from another source entirely, I shonld be un
faithful to the interest of the state and com
promise its dignity, and I do not see how I
can, directly or indirectly, appear and con
test the application as mentioned in the no
tice served upon me, without, in some meas
ure, making such a concession.
Therefore, while I entertain towards you
personally, and as jndge of the courts over
which you have so long and ably presided,
the highest respect and regard, I shall not
in any manner enter any such contest. 1
shall endeavor, to the best of my ability, to
take care that the laws of the state as inter
preted by its courts, where they relate
wholly to its domestic concerns, be faithful
ly executed, and leave to those who desire
to overthrow them and produce a state of
of confusion and evil consequence almost in
calculable, the whole responsibility of the
undertaking.
It having been suggested that, owing to
the fact that the application for the writ of
habeas corpus is pending in the United
States district court, the time of the execu
tion of the sentence of the petitioner ought
to be extended until the legality of the im
prisonment could be inquired into, I deem
it proper to state that if there were any good
reasons for granting a reprieve I would al
low it unhesitatingly. But to delay the ap
plication for the writ of habeas corpus until
the eve of the execution, and then urge a de
lay of the sentence in order that a court of
another iarisdictiOs&nd possessing very
limited powers, mlnadjudicate upon a
question which involkthe legality of the
iudicial organization ofneWState ot U:
and in a case where I am
cede. that that, or any other
of our state tribunals, has a right to make
any such inquiry, especially in an applica
tor a writ of hapeas corpus, would, in- my
judgement, be incompatible with the dignity
of the state, and I feel compelled to refuse
any request of that character, based upon such
reasons. Yours, with great respect.
W. W7 THAYER,
Governor of Oregon.
The Judge 'then proceeded to deliver his
opinion in the case. It deliveay occupied
about one hour. The legal phases of the
matter were discussed in a very able and ex
haustive manner, which clearly showed that
the court had been very thoroughly advised
on the question. The following is a very
brief synopsis of the decision and conclusion
of law :
The petition for. tae writ is based upon the las
clause of section 1 of the XlVth amendment, which
provides : " No state shall make or enforce any law
which shall abridge the privileges or immunities of
the citizens of the United States ; nor shall any state
deprive any person of life, liberty or property without
due process of law, nor deny to any persons within
its jurisdiction the equal protection of the laws,"--and
paragraphs 751 to 765 of the revised statutes, particu
larly 758.
Judge Deady then reviewed the application briefly
and m sommenting upon the power of the United
States in the premises, said :
" Congress has power to enforce the prohibitions
contained in the first paragraph of the amendment
upon the action of the state. The amendment is the
supreme law of the land, and within its limits the na
tional government is superior to that of the state
Congress has exercised this power in the passage of
paragraph 753 of the revised statutes, which author
izes the federal court to inquire by habeas corpus in
to " the aause of restraint of liberty " in the case of
any one in custody by the actstate in violation of the
constitution or a law of the United States."
If then the petititioner is restrained of his liberty
or adjudged to lose his life " without due process of
law," he is so by an act of the state in violation of the
constitution of the United States that is, of para
graph 1 of the fourteenth amendment, and therefore
we this court has power and it is its duty to relieve
him of such restraint or adjudication. The state acts
through persons, ane their acts-are tdose of the state,
as was said hi the case ex parte Cole, lately decided
by the supreme court at the present term.
" We have said the prohibitions of the fouteenth
amendm ent are are addresssed to the state. They
are : No siate shall make or enforce a law which shall
abridge the privileges or immunities of citizens of the
United States nor deny to any person with
in its jurisdiction the equal protection of the law."
They have reference to the action of the political body
denomin5ted a state, by whatever instruments or in
whatever modes that action may be taken. A state
acts by its legislature, its executive or its judicial
authorities. It can act in no other way. The can act
in no other way. The constitutional provision, there
fore, must mean that no agency of the state, or of the
officers or agents by whom it powers are exerted,
shall deny to any person within its jurisniction the
equal protection of the laws. Whoever, by virtue of
public opinion, under a state government, deprives
another of property, life or liberty, without due pro
cess of law, or eenies or takes away the equal protec
tion of the law, violates the constitutional inhibition,
and as he acts in the name and for the state, and is
clothed with the state's power, his act is that of the
state. This must be so or the constitutional inhibi
tion means nothing. Then the state has clothed one
of its agents with power to annul or evade it.
Judge Deady, in reviewing the power of the state,
said : The state may deprive persons within its juris
diction of life, liberty or proOerty, but uot without
due procesr of law. The power to do this is taken
away from it by the constitution, and if it should at
tempt to do so id a particular case, the United States
may prevent or correct the wrong.
Judge Dead; then referred again to the amendment,
and what constituted due process of law, saying that
there were two cases upon this point by the supreme
court since the adoption of the fourteenth amend
mendment Pennoyer vs Noff, 5 Otto 733 ; Kennard
vs State of Louisiana, 2 Otto, 481.
As to the claim of the petitioner that the act under
which the judge of the court in which the petitioner
was convicted was contrary to the constitution of the
state and void, and therefore the conviction was with
out due process of law, the court cited the act in ses
sion laws of 1878 and compared the same with the
constitution of the state, and petitioners claim that
the act was void because there was not 200,000 white
iwpulation in the state, nor any evidence to that ef
fect ; and also that paragraph 10 was void becavse
there was no authority providing for the apppoint
ment of judges.
Upon the question of admitting the act void and
the judges, if not judges de jure, are the judges de
facto, tne court cited the provisions of the constitu
tiod of Oregon creatine- the courts and defining their
jurisdictiction, and said :
( r rom tne.se it plainly appears that the supreme and
circuit courts of the state are created by the constitu
tion. They exist by virtue of its provisions. As pro
vided in that instrument, the iudires of the formnr
me juture oi me latter, until tne legislature in
tAcn.isc oi ine power eonierreu unon it nv solu
tion 10. article 7. Drovides for thfi election nf anmra
The judges appointed under this act, although it be
admitted that it is unconstitutional and the appoint-
uicuua wicieuuuer were maue witnout autnonty oi
law, arc therefore acting- as Indira or IMhfhr nrnateri
and existing covrts havintr iurisdiction to trv. hear
and determine the criminal action in which the peti
tioner has beeo convicted of murder and RpnfpnmH to
death, both originally and upon appeal.
wi hue petitioner contend :
First That a person is not a de facto officer who
enters or holds office under a void law, or an illegal
appointment, but only an intruder.
Second That to constitute a de facto officer the
person must appear to enter and hold under a legal
election or appointment under color of right.
Third That an appointment cannot give color of
right to enter and hold an office which is elective, and
vice versa.
Upon this latter point counsel cite PeoDle vs Kel-
sey, 34 Cat. 475, People vs Albertson, and 8 Howard
ueporo 303, srown vs BiaKe, Barn. . 49.
In the first case the case the court held that the con
stitution of the state having made the office of tax
collector elective, it couiu not De liilea lawfully by ap
pointment nor the duties of it conferred upon an office
tilled by an appointment. But that was a direct pro
ceeding to try the right to the office, whilst this is a
collateral one to determine the legality ot an act done
by persons in office.
Upon the question of the power of the governor to
appoint a judge when the constitution provides for his
election iv is m jminv. , out it lias no ueanilg upon tne
question of whether a person appointed is a de facto
judge or not.
Tneseconu case is an t nonty lor tne proposition that
" an officer de facto is one who acts under color of ti
tle, which color can only be given by power bavin?
authority to fill the office " in other words that a per
son cannot be said to hold an elective office under color
of right or title, by appointment, and vice versa.
The coiut then read from numerous authorities.
criticising at some length the views expressed.
In the king vsthe Corporation of the Bedford Level,
0 East 350, Lord Ellenborough, citing Lord Raymond
660, said : " An officer de facto is ohe who has the rep
utation of being the officer he assumes to be, and yet is
notagooaomcer in point oi law.
on this point tne court read a number of authori
ties.
In Plymouth vs Painter, 17 Conn. 5S7. the court said
that " an officer de facto is one who executes the duties
of an office under color of an appointment or election
to that office. He differs on the one hand from a mere
usurper of an office who undertakes to act as an officer
without any color of right, and on the other from an
officer de jure who is in all respects legally appointed
and qualified to exercise the office.
In Brown vs Lunt, 37 Maine, 428, an officer de facto
is defined as " one who actually performs the duties of
an office with apparent right and under claim and color
of an appointment or election," and in Brown vsO'L'on
nell, 36 Conn. , 451, as follows : " One who has the col
or of right or title to the office he exercises ; one who
has the apparent title of an officer de jure."
Bearing upon this point in question, Judge Deady
cited numerous authorities, and in the course of his
comments declared that the color of title to an office is
analogous to color of title to land. It does not mean a
good title, but only one that has the appearance of one
Stark vs Starr, 1 Sawyer, 20.
After reviewing, in an able manner, the various
phases presented in the case, Judge Deady concluded
by saying that the petitioner is restrained by due pro
cess of law and therefore the application for a writ of
habeas err us is refused.
For Joint Senator for the counties
of Polk and Benton the Democrats
have placed in nomination that sterl
ing Democrat and upright citizen,
Hon. Robert Clow. Mr. Clow is a
man well qualified to till with credit
the responsible position to which he
aspires. lie has already served in
many places of trust with honor to
himself and credit to his constituents;
and we feel no hesitancy in saying
that if elected, Folk county will be
as well represented in the State Sen
ate as any county in the State. In
opposition to Mr. Clow the Republi
cans have placed in nomination that
steadfast Republican and honest,
persevering gentleman, Hon. R. A.
Bensell, of Newport, Benton county.
Mr. B. has served bis county faith
fully and well in thejjalls of our State
Capital; and, should he be Reeled,
he will labor untiringly for the ister-
ests of his constituents. He will
stand with the foremost in the Sen
ate. Both these gentlemen are en
thusiastic in their advocacy of the
improvements contemplated at Ya
quina harbor; and, let either be
elected, we may rest assured that
those '
PLATFORM.
Resolved, By the republicans of Oregon in con
vention assembled in the city of Portland, this 21st
day of April, A. D. , 1880, that we propose to maintain
and adnumster the affairs of government of this state
by strict economy and faithful adberance to the con
stitution and laws thereof and of the United States.
. i w? ""I" favor of regulating and equalia-
alnes of county and state officers so that
they shall receive such compensations as are usually
paid to private persons under like circumstances of
service and responsibility
3. That we favor a thorough revision and equaliza
tion of our system of taxation, to the end thatevery
species of property within its limits, whether owned
or possessed by citizens of this or of foreign states,
shall bear its equal proportion of the burdens of the
government which protects it.
4. That we propose to maintain and enforce the
amendments to the constitution of the United States,
A.t . thePow?raoi the national government, to the
end that every citizen, poor or rich, black or white
UticalrihteCtmthe,Ulleni0'ment of civil nd P-
5. That the overthrow of the rights of the elective
franchise of liberty and We, by which means free gov
ernment in a portion of the states has been defeated
and the manifested fraud and threatened violence in
others, together with attempted nullification of the
laws of the general government and decisions of the
supreme court thereon, by congressional action in the
interests of the democratic party, are attempted rev
olution and must be met as sucb. Applause 1
6. That this is a nation formed by the people there
of and not a mere league or compact and that we reaf
firm the idea of the unity of the nation the suprema
cy of the national government in all matters placed
by the constitution under its control the preservation
intact of all the rights of municipal self-government
otherwise guaranteed thereby to the people or to the
states respectively. At the same time .mi, ,
doctrine of state sovereignty as the baleful mother of
nullification . secession and anarchy. Applause.
7. That the recent action of the democratic party
in state convention assembled, in denouncing the su
preme court of the United States of America and im
puting the moat unworthy and unpatriotic motives to
that high and honorable court, is unworthy of law
abiding, intelligent and patriotic American citizens,
applause and directly tends to the loosening of the
foundation of our government, the subversion of all
law and the overthrow of the sanctity of a system of
judicature, venerable with age and perfected by wis
dom. Applause.)
& That the attempt by the leaders of the demo
cratic party to defraud the people of the state out of
an electoral vote, was an outrage unparalleled in the
political history of the state, which together with the
Maine infamy and the attempt to unseat members in
the halls of congress for base partisan advantage, de
serves the condemnation of all fair minded men.
Tremendous applause.)
9. That we condemn the outrageous conduct of our
democratic state administrations from 1870 to 1878,
their extravagance, their corruption and their pecula
tions. 10. We deprecate the course of members of the
democratic party who have undertaken to revive sec
tional animosity for the purpose of securing political
ascendancy in the southern states am! who have reviv
ed memories of sectional strife by the defiant declara
tion of a purpose to repeal laws made necessary by
the war and enacted to secure the results of the war ;
and we condemn their attempts to secure by legisla
tion what was not accomplished by arms, namely, the
establishment m.der the name of state sovereignty of
those pernicious doctrines which destroy national su
premacy and which in part have led to secession and
civil war. Applause
11. That to the republican party is due the credit
of successful resumption and restored prosperity and
business revival, and we insist that the paper and coin
circulation of the country shall at all times be main
tained at par with the gold standard of the commercial
world. Applause )
12. That while we are in favor of a revenue for the
support of the general government by duties upon
imports, sound policy requires such adjustment of im
port duties as to encourage the development of the in
dustrial interests of the whole country, and we com
mend that policy of national exchange which secures
to the working man liberal wages, to agriculture remu
nerative prices, to mechanics and manufacturers an
adequate reward for their skill, labor and enterprise,
ami to the nation commercial prosperity and inde
pendence. 13. That we are in favor of judicious appropriations
by the general government for the improvement of our
rivers and seaports, as well as for the con struct ion of
such lines of railway communication as will develop
the resources of the country ana cqpnect our state
with other parts of the union, under such restrictions
as will amply protect the rights of the people from un
just discrimination and extortionate charges ; and that
in the grants of lands to railroads we favor the sale of
the same by the government to the people at the lowest
price forpublic lands, giving the proceeds only to the
corporations.
14. That we demand of our representation in con
gress their best endeavors to secure just and judicious
appropriations and favorable legislation by the general
government for the free navigation of the Columbia
and the rivers of the state, the improvement of the
mouth of the Columbia and the harbors at Yaquina
and Coos Bays, the location of a harbor of refuge at
the point along our coast most available to the interests
of commerce, the extension of the public surveys to
meet the wants of our increasing population and aid
and assistance to railroaas, and the opening up for set
tlement such of our Indian reservations as the inter
est of civilization demands and necessitates.
15. That we demand a modification of the treaty
with China so as to restrict Chinese immigration to
America. Applause.
16. That we hold that a well instructed people
alone can be perfectly free, and that it is therefore es
sential that the public schools should he maintained so
that every child shall be instructed in the duties of
Litiiciisiii j uiiu nit uiiuimi y uiianreon uviinn ... ......
W. P. SMITH i M. D.,
Physician & Surgeon.
CORVALLIS, - OREGON,
OFFICE OVER GREEN & GOLDSON'S DRUG
J Store.
January 7, 1880. 17:2tf
Sheriff's Sale.
In the Circuit Court of the State of Oregon, for
Benton county, H. P. Harris, plaintiff vs B. D.
Bos well defendant.
BY VIRTUE OF AN EXECUTION OUT OF THE
above entitled Court and in the action above nam
ed on the 20th day of April, 1880, upon judgment
rendered therein, on the 14th day of April, 1880, for
me sura of one nunarea ana two ana sz-ii.u aonars,
and the further sum of forty-two and 75-100 dollars
costs I have levied upon the following described real
estate, to wit : Lots (2, 3 and 4) two, three and four in
Section f301 thirtv. Township (11) eleven South of
Range four West of the Willamette meridian, contain
ing (20) twenty acres, situate m Benton county, Ore
gon, and on
Satfrdat, Mat thz 29th, 1880,
At the front door of the Court House in the city of
Corvallis, Benton county, Oiegon. a the hour of one
o'clock p.m., I will sell at public auction to the high
est bidder for cash in hand all the right, title and
interest of said defendant, in and to said real property
together with the tenements, hereditaments and ap
pertenances thereunto belonging, to satisfy said execu
tion and accruing costs therein. SOL. KING,
Sheriff of Benton County, Oregon.
Dated April 29, 1880. 17 :18w5
HXJSS HOUSE,
MONTGOMERY STREET, S. K,
H. SEYMOUR & CO., Propr's.
FIRST CLASS ACCOMMODATIONS. AT
MODERATE PRICES.
THE LEADING BUSINESS AND FAMILY HO
tel in San Francisco. Having been enlarged
recently, and newly furnished, now contains 300
elegant rooms, at prices lower than any other First
Class Hotel on the Pacific Coast
The table is unsurpassed by any Hotel in the city.
Sing supplied with the best the market affords. All
ests conveyed to the Hotel free,
April 14, 1880. 17:16tf
ALSEA STEAM SAW
.... AND
J. PITMAN, Proprietor.
TTAVTNG REBUILT MY MILL, AND ADDED A
nlaner and other machinery, I am ready to
fill all orders for
Rough or Dressed Lumber,
which will be delivered at the Belknap campground,
Monroe, Corvallis, or elsewhere in the county, at
reasonable rates.
Common rough lumber, at the mill, 87 per M feet ,
Flooring and Rustic (planed) 14 to 816 per M. Sat
isfaction guaranteed. All orders promptly filled.
April 18, 1880. 17a7m
THE BEN HOLLADA Y THOROUGHBRED
Will make the Season at
Eglin Bros.' StaMe. ComlliSt
TLX
King of the Blood
Cures all Scrofulous affections and disorders result
ing from Impurity of the blood. It u needless to
specify all, as the sufferer eon usually perceive their
came; but Hall Rheum. 1'impiti, Ulcere, Tumors.
Goitre, Swellings, &c, are the most common, a
well as many affections of the Heart, Head, Liver
and Stomach.
SCROFULA.
Wonderful Cue of Blindness.
D. Baksox, Sou ft Co. : For the benefit of aU
troubled with Scrofula or Impure Blood in their
systems, I hereby recommend King of the Blood.
I have been troubled with Scrofula for the past ten.
Tears, which so affected my eyes that I was com
pletely blind for six months. I was recommended
to try King of the Blood, which has proved a great
blessing to me, as it has completely cured me, and.
I cheerfully recommend it to nil troubled as I have,
been. Yours truly,
Has. 8. Weatbeblow, Sardinia, N. T.
a..
will be paid to any Public Hospital to be mutu
ally agreed upon, for every certificate of this medi
cine published by us which is not genuine.
Its Ingredients.
To snow onr faith in the safety nnd excellence of
the K. B., upon proper personal application, when
satisfied that no imposition is intended, we will
give the names of all its ingredients, by affidavit.
The above offers were never mude before by the pro
prietor of any other Family Medicine in the world.
Many testimonials. further information, and
full directions for using will be found in the pam
phlet "Treatiw on Diseases of the Blood," in
which each bottle isenclosed. Prico $1 perbottlccon
taininir 12 ounces, or 40 to 50 doses. Sold by drug
gists. D.Rassom.Son 4 Co.. Pron'rs. Buffalo.
Ague Cure
Is a purely tegetable tiitter ami powerful
tonic, arid is warranted a speedy and cer
tain cure for Fever and Ague, Chills and
Fever, Intermittent or Chill Fever, Re
mittent Fever, Dumb Ague, Periodical
or Bilious Fever, and all malarial dis
orders. In miasmatic districts, the rapid
pulse, coated tonzue, thirst, lassitude, loss of
appetite, pain in the back and loins, and cold
ness of the spine and extremities, are only
premonitions of severer symptoms which
terminate in the ague paroxysm, succeeded
by high fever and profuse perspiration.
It is a startling fact, that quinine, arsenic,
and other poisonous minerals form the basis
of most of the " Fever and Ague Prepara
tions," " Specifics," "Syrups," and "Ton
ics," in the market. The preparations made
from these mineral poisons, although they
are palatable, and may break the chill, da
not cure, but leave the malarial and their
own drug poison in the system, producing;
quinism, dizziness, ringing in the ears, head
ache, vertigo, and other disorders more for
midable than the disease they were intended
to cure. Ayeks Aot:E Cure thoroughly
eradicates these noxious poisons from the
system, and always cures the severest cases.
It contains no quinine, mineral, or any thing
that could injure the most delicate patient;
and its crowning excellence, aliove its cer
tainty to cure, is that it leaves the system aa
free from disease as before the attack.
For Liver Complaints, Aver's Aorn
Cure, by direct action on the liver and bil
iary apparatus, drives ont the poisons which
produce these complaints, and stimulates the
system to a vigorous, healthy condition.
We warrant it when taken according to
directions.
Prepared by Dr. J. C. Ayer & Co.,
Practical and Analytical Chemists,
Lowell, Mass.
SOLD XV ALT. DROUOISTS EVEIITWBERB.
J. R. I.OMKR.
J. C. POLLST.
OCCIDENTAL HOTEL.
COBVALLIS, OREGON, f
LOMER & POLLEY, Propr's.
The only First Class Hotel in the City.
THE OCCIDENTAL IS A NEW BUILDING,
newly furnised, and the recognized headquarters
for Commercial Travelers, and all prominent men
visiting Corvallis. Large sample rooms on first floor,
for commercial men, and bath room for the exclusive
use of guests. Board from one to two dollars per
day, according to : oom.
October 20 1879. I:m6
CITY TRANSFER COMPANY
Pygall, Campbell efc Co.,
PROPRIETORS.
All hauling in city or country promptly attended
to. 17:7ti.
CITY MARKET,
J. L. LEWIS, - Proprietor,
CORVAIXIS OREGON
HAVING PURCHASED- THE ABOVE
Market and fixtures, and perman
ently located in Corvallis, I will keep con
stantly on nana tne cnoicest cuts oi
BEEF,.
FORK.
MUTTON,
and. V SAIL.,
Especial attention to making extra Bologna Sau
sage. Being a practical butcher, with large experi
ence in Dusiness, i natter myseii mat i can jrivo
satisfaction to customers. Please call and give me a
trial.
January 19, 1880. 16:45t(
Real Estate for Sale!
SITUATED IN
CORVALLIS
Benton County, Ore son.
TWO VACANT LOTS, in the central part of town,,
hnndv to the Westside Depot. One of the most de
sirable places for a residence in the city. lSjan
TWO IMPROVED LOTS, on the main business
street, with small stable, woodshed, and a good, com
fortable dwelling house, containing seven good rooms,. .
These lots are nicely situated for any kind of bust-. '
ness purposes. ijan -. .
One Steam Planing Mill and' Sash and Door Factory,
in Corvallis, with all the machinery necessary to ope
rate the same In all respects. The owner thereof
wants to quit the business, he therefore offers the
entire factory fox. xitZ it price more Mum one-third
lesffthan its cost or present value.
All the above property is for sale, on' reasonable
terms. For further information concerning the same,
inquire of II. 8. WOODCOCK.
At bia Law Officr, in said City of Corvallis.