THE Eli 3 EM E CITY GUARD.
8ATUUDAY.
..MAKCH 14, I8M.
Can the Governor Appoiait
Since the adjournment of the Legis
lature without electing a U. S. Senator
tho question as to whether the Gover
nor has the right to appoint is being
freely discussed both bf papers and
citizen.
The Act of Congress of J uly 2',
18CC so often quoted in this discus
sion and construed into making it
the duty of the Governor to appoint,
has nothing to do in tlm niattr. It is
an act of Congress and can change no
constitutional right the Governor had
iK'fore its enactment. The Oregonian
argues that under this act the Gover
nor must appoint or the place will re
main vacant the entire term of six
years, holding that the Legislature to
l elected in 188C will have no power
to till the vacancy unless the Governor
shall lirnt 1:11 it by appointment. And
the Denton Iwler quotes this view
approvingly. Tho act referred to says,
'the legislature of each State which
ttliall bo chosen next preceding the expi
ration of the time for which any sen
ator was elected, shall on the second
Tuesday after the meeting and organi
ration thereof, proceed to elect a Sena-1
tor in congress." Now, to a mind not
struggling to extricate itself from an
unpleasant dilemma, this would ap
pear very simplo and reasonable. Per
haps the editor of the Oregonian will
always enjoy the exclusive honor of
putting that construction on the ast.
Which shall be cliomn next preceding
the expiration of the time for which
any Senator was elected." To illus
trate: This means that the legislature
which elected a successor to Senator
Grover, was not competent, to elect a
successor to Senator Slater, whose
term of olliou expired two years later,
within which time another leginluture
would bo elected, whose duty it would
and was, to elect a successor to
Senator Slater. Any legislature is
competent ti (ill existing vactneies,
or such vacancies as may occur lteforo
a succeeding legislature is audio -wed
to act. This is a id has been tho prac.
tico ainco the organization of tho U. S.
Sonate.
Whether the act of congress anovo
referred to bo directory or mandutory,
it u very clear it cannot bu enforced.
It provides that the legislature in joint
convention shall meet from day to day
until a S.mator shall be elected. In
the present case this has nut been
'one. The legislature has adjourned
without electing, nor is it meeting in
joint convention at 12 M each day
and taking at least one vote for U. S.
Senator; and whose business is it, and
what is anyone going to do about itl
It would be foolish for tho Governor
to call the sanio body together to elect
u Senator, when they have just refused
to elect,
Tho authority for the Governor to
appoint a Senator is found in Article
1, Section 3, of the constitution of the
United States and is so frequently mis
quoted that I civo it hure. "And if
vacancies happen by resit-nation or otli
crwise, during the recess of the legisla
ture of any state, the Kxecntivo there
of may make temporary appointment
until the next meeting of the legislature
which shall then till such vacancies."
Dut by whom are these Senator! chosen!
The first clause of this section tells us
that "the Senate of the United Slates
shall U) composed of two Senators from
each State, chosen by the legislature
thereof, for six years; and each Senator
shall have one vote." There is no
co-ordinate power, no residuary power
ito contingent power hinted at in these
words. This is plain language. There
is no room for misunderstanding it, un-
less there is a wish to pervert it. If
vacnnciea liappen by resignation or
otlx-rwwe, tlx Executive may make
lemrorary appointments, Now, can
something happen which has already
taken place! which already existst Can
a man resign an otliee without lieing
lirnt elevtnj or appointed to that otlicvt
Can he resign that which he never
liad! Can a vacancy occur in an office
that is already vacant and that never
had an incumbent! Dut whit does
otherwise iuan in toe language quoted!
Death would mean otherwiM' in this
connection, and there are other possible
occurrences which night caiMr a vacan
ry and would come under the head of
"otherwise," as used in th constitution
The constitution says the legislature
'shall" elect without any qualification
as to time, place or circumstance. It
says the Executive may appoint when
certain contingencies ario which make
St
impowible for the legislature tOl,
, , , . ii
elect The legislature lias full and
original power, and in cnimiiandrtl to
r-xcreimi i(. TIih power of Um Execu
tive) in limited to ail accident, or mu
fortune, and he may then act, or lie.
not, just as he sees fit. The case from
New Hampshire, cited '. y the Oregon
ian, is not a parallel case,and cannot 1 e
drawn into precedent.
The editor of the Denton Leader
seems to be ignorant of the history of
his adopted State. He says this case
is new. Not so it is old in Oregon.
There was a case precisely similar in
1859. The legislature at that time
refused toclrtt a successor to the Hon
Delazon Smith, whose term had
expired on the 3d of .March of that
year, and tho place remained vacant
until the Fall of 18C0, when Col.
Baker was elected to fill the unexpired
term, and Col. Nesmith was elected to
fill a full term, commencing the
4t!i of March, 18C1. Of course,
there was no test as to whether the
Senate would admit if an appointment
had been made by tlie executive at
.i t .i . r i:i.. I
mill ll.l.M, icr 111" uuw-ni.ir ni.-it,,,, . -
fused to appoint, notwithstanding be
was urged to do so by political friends,
who wer anxious to try the experi
nient, whether succeiwful or not. We
conclude that the constitution of the
United Slates does not grant to t!ie Kxo, .
utive of theState the power to appoint a
Senator when the legislature of that
Siate says it does not want a Senator.
We lidievH the Executive has no right
to usurp the powers of the legislature
or to defeat its wishes in the matter of
the election of a United States Senator.
We U-lieie Gov. Moody to be an hon
est, conscientious man, and hult his
making an appointment. Slill h may
feel like trying the ex peri inert, and
give some ambitious gentli'li:an an oppo:-
tunily to vinit Wnsl.injj'pn.
No one eau say what the U. S. Sen
ate would do in case the (iovernor
should appoint, but there are many
able, honeat and fair minded men in
that body, who would not be likely
to stultify theniNelves and outrage de
cency by admitting a man appointed
Uiulei such circuuiftniK-eii.
If the Oregonian has, by its nurse
in the punt, been instrumental in bring
log about the preHi-nt condition of
thinus, it should have manhood to meet
them squarely and iot try to escape
the unuserpif nces of its own teaching,
by trying to lead the (iovernor into nn
error, and thereby bring him into con
tempt, as it has already brought the
Leginlature.
Secretary Lamar bus already stopptd
one grand steal, known as the "Hack
Iluno Grant," amounting to nearly
1,000,000 acres of land. The adminis
tration means busineaa judging from
the excellent start imuln already.
The (ibinet uivc entire Kiitihfaclion
to such papers an the N. Y. Times,
Harper's Weekly, 1W, World, Sun
and most of the Independei t and lb-in
ocrutio papers throughout the I'nited
States.
Cleveland has discharged useless of.
fleers connected with the White limine
and thus rllVcted a saving of $20,0t)0
per annum in expenses. The pensioners
in nil the departments will have to
President Cleveland strong utterance
on the Chinese ipiestion in his inaug
ural address, gives the greatest satis
faction to the pnople of this const.
Those ras.-u't will turned out
now, remarks the Chicago Times, and
burglar a'arms and leliable bulldogs
will be in demand.
War is imminent between England
and llussia, if the dispatches are to be
relied on.
For S.t'e.
One house with live room, large barn, two
lota, with fruit of all kinds; iu pleasant part
of city. Also one new family carriage that
his never been used, for sain cheap. For
furthrr particulars impiires of
Mas. M. K Paiik.
Eugene I "it jr.
Last Notice.
Comity I.hm will be delimph-ui April 1
1SSA, after which per cent and mileage will be
ttiargsd lor collection of the same. Heed this
notiw and nvi cts.
lWxl March 5, 1SSV
J. R. CAnraKLi,
SherirT.
For Sale.
Ily tico H March, of Eugene City, a
choice lot of bnosi mares, mostly with foal,
snd ten or twelve two snd three yearn old
geldings snd Sllies. Residence opposite IV
Harris'.
(J. H. Mi Ri H.
v c .. . T-v. r ii r : i r '
as r,.a Sale. -Ths T H Po ndexter fn
wiles below Eucen. 3 miles Mow Irving j
and 4 miles south of Junction, on the old state
...i i. w.. i. i:i i . v .-
. . , ,
i""'-
LuiAsi-nt tWnima.
hire.
All per"'"' indebted to E W Whipple t .
Br..1., oithe' by note or book aocouut will
please call and settle the aame. Our store
is burned and we inu it collect the money
due ui.
R W. Whipple & Bhoh.
Cottage (irove, Feb 23, 1SS-V
1HKUEHY ANNOUNCE MYSF.LF AS
candidate for the ulhce ol City Mar
tini of Eugene City. A. C. Ukiugk.
SOLD AT COST!
Having purchased the entire stock of
Furniture & Underakers
Goods
Of J It Ilea.n, I will sell them at cost fur the
next
Ninety Days.
All desirinir to purchase furniture CHEAP
will find it t their advantage to chH before
,iailjni ..where.
Ta key Notice.
The furniture will be cliwed out within the
next -Ninety )ys v. I Until fail.
M.S. Wallis.
To Stock Eaisers.
Young Sampson.
This fine home will lie allowed to serve mure
the vnsuinif season, commencing April 1st and
eniliiu July 4th, lSS'i. at Stewart s stable, in
Kuk'ene City, nd at Crawwell, Oregon, on the
following ttriua: Sin ,'le service, (fill; season,
Mo; insurance, SJO. Leap payable whi-n ser
vice is rendered; season, at the end of the sea
son; insurance, when the iuari is known to I
with (ml. or if mbl or traded before this i
known, the insurance in forfeited. Care is
taken to prevent accidents but rcspomiible for
Ilfillf tllllt lll'tr "Vtni, amui-a win uv '0"uivm
on reasonable term.
Ili SCHIITlOV AM) rEllIOREC
Sampson is a Is-a itiful bav, 7 venni old
April 1 s.-.-: wei,h about 1H10 l.: is 18
hiiuilii lii'li ami well prosii'tiouiil, ami is con
siilered by uioKt men that see him as being one
aumi-. the linest horses iu the State of bin ae.
He was ii"i by Adventure, he by EniieMr,
the tir.it thoiin;hlirei t 'lydesdale ever im
poited to Oregon. Adventure's dam was a
tine Henry mare. Sumpum's dam is well
known in Marion coitntv.heinir formerly owned
hvMr John Orchanl, ami as a line mam and
v'iwvl breeder, has hut few if any superior in
the State. For further particular iinpiiie ol
the owner.
T..I. DUNTON.
Owner and Kecier.
Ktigrnt! CI 1 3' Onson,
For your llisits and Shoen - Vine (ineds and
Low Trices. tl. lihl'KVt 1 1 II a mi..
iv. n. rr: (Mia. j. n. i-knciia. a. uiiki.i.hi
Pengra, Wheeler Go
SPRIHSFIELD, OREGON.
liUmborinen,
Country rorclmnts,
7
and ZVIillors.
Cash and other rendu pay
buuers will consult their
own intercuts hi giving us a
all,
Dr.A.W.Prather.
OFFICE SOUTH SIDE OF NINTH
V Street, opwite the Star Hakery.
Call pmnil tly attended to nuht or day
Chronic diseases a specialty.
ADMINISTRATOR'S NOTICE.
VTOTICEIS HEUEHY GIVEN THAT
ll the undersigned has been duly appointed
1 1 y the I ouuty t otirt ol Uine t ouiity, l Mf"n,
adminisUrtor of the estate of Thus II Elder.
decraaed, and all persons having claiuis K'int
saw estate are hereby required to present
them, with their pros-r vouchers, to the nn
ilendkixd administrator at Cotta.-e (imve,
in Ijine County. Oregon, withiu six months
from the ilate hereof.
lated Marvh ls leS.V
I- M. Vr xTCH.
Adiui'iUtrstor of said Estate,
J. E. 1'rNTON, Atty for Estote.
Dissolution Notice.
The firm of S Warshaavr ft Co, doing busi
ness under the name of the I X L Store, has
been this say dissolved bv mutual conient,
S Warshauer retinng. 1'arties owieg the
firm are rciiietl to settle immediately.
Those holding bills against the firm are re
jucsted to present the same.
S. Wakshmkr,
J. WARSHAfrm,
H. Wakshaier,
We, tbe nudersigueil, will eentinae the
business as formerly, and hope lor a continu
alio- of the liberal patronage heretofore ex
tended. WaRSIIAI EK Pkos.
Fi-brsary 2C. ISS4.
Syrup of Figs.
Nature's own true laxative. Drasant to the
Palate, acceptable to the Stem vh, harnileas in
its nti"e, (uunleas in its s-tiiL t'urea Ha
tdtual l'ontiiation, liilioiwnos, Indigestion
ami xinomi iu. x leans im j-m. turmes
th, tr,.,lUt Liv ,,, the
lWrk Knssks np I'-nlJe, CTiills and Fevers,
"e- Mraohtens th orvsu ntj wh'rh it acta,
U-"ttr thai hitUns. nanamnn I jver uie-li. ines.
P'1's. salts and dmk-. Sample Mtles free.
ami large one for aaU by l SI N Jkuis,
Lue6e, V s Lre, M.
(JO TO
Bin w
Summons,
In the Circuit Court for th. 8tate of Oregoo,
fur Lane County.
8DHoH,rUlntiff,
vs.
Dunham. Kill A
Dunham.W it Cartwight, Suit In Equity
Mav and J G Hen- I to
ders. iiartnert in business foreclose mortgage.
under the tinn name and
,tyle of May and Senders,
defendant.
To W R Cartwright.defendant sbove named.
TN THE NAME OF THE STATE OF
I OreiMii. Vou are hereby required to ap
pear and answer the complaint tiled against
you in the above entitled suit, on or before
the 20th day of April, A V, 1883, that being
the first day of the next regular term of said
Court following the expiration ol tne publi
cation of thu summons, or m delanll (Here
of the plaintiff will apply to the Court for
the relief prnyed for in the complaint herein,
. i i i i ..... . -
to-Wltl for a uecrcu li'rcviiiwiug miu
mortgage executod by said Afnoa Dunham
and Eliza A Duuhanvm the 12th day of Jan
uary, 1884, to S I) Holt, to secure the pay
ment of s certain promissory note dated
January 2, 1884, to-wit; For the um of
$.',50 00, payable to the order of S L Holt,
upon which there is now due plaintiff the
sum 2,500 00 together with interest thereon
from Janoary 2, 1884, at ten per ceut per
annum, suit the sum of $230 00 attorney-!
fees, and (or a decree for the sale of said
premises, described aa follows, tvwit: lie
ginning at a point one hundred and eighteeu
roda east of the 8 E corner nf Sec 7, T 16.
S It 3 west, Will, meridan, running thence
North lot) rods, thence East 72 reds, thence
South ItiO rods, thence West 72 rods to the
place of beginning, containing seventy two
acre). Also lieinniug at a point SO rods
West from the S K corner of section 8. T
10, S K 3 West, Will meridan, thence West
50 rods, thence North IliO roiis, thence East
50 rods, thence South ItiO roil to place of
beginning, coutaiuiug fifty acres, all iu Une
(.'uuntv. Oregon. And that the proceeds of
said sale be applied to the payment of said
sums above uamed, and the costs and expen
ses of said sale and this suit, and for a de
cree forever debarring all said defendant
from setting up any claim or title to sain
mortgaged premises, and tor such other and
further relief as ii prayed for in plaintiffs
complaint.
This summons u directed to be puunsneii
in the Ecoe.ne City Guard for six success
ive weeks by an order made by Hon K S
ftean. Judge of id Court, on the 5th day
of March, A D. 1885.
J E Fmtok, snd Fbntos ft r entos,
Attorneys for plaintitt .
Summons.
In the Circuit Court of the State of Oregoo
for Lane County.
Estella A Wurtsbaii(h, )
Plaintiff, Suit in Equity
vs. ) for
d D Wurtsbauuh, Divorce.
Defendant I
To the above named defeudant, J D Wurts-
bnuuh.
IN THE NAME OF THE STATE OF
A Oregon, your sre hereby reuired to ap
pear and answer the complaint of plaintiff,
tiled auaiiiit you iu the above eutitled suit,
by the first day of the the next regular term
el said Court, to lie begun ami hclil in
Eugene City, Ijine County, Oregon, nn Mnn
dav. the 2Uth day of April, 1885. In case you
fail so to sppear and answer said complaint
as hereiu required, the plaintiff will apply to
the Court for the relief demanded therein,
to.wit: For a decree dissolving the bonds ot
matrimony now existing between pla ntirl
and defendant, for the change of plaintitTs
name, aud fr her coats and riishnrsements.
This sniiimona is published by order of
lion It S Mean, Juilge of said Court.
Dated Mann 5, 1885.
J. E PENT ON,
Attorney for I'laintiif
J. DAVIS,
Heneral Tailor.
VIX KINDS OF WOKK DONE INTHE
heat of style at reasonable rates. Pant
from S7 up.
Shop and residence on Olive street between
Sixth and Seventh.
KHINEHAKT, .1. R-House, siyn ami car
riage painter. Work guaranteed first class.
Stock sold at lower rates than by anyone in
Eugene.
Notice.
rno CONSUMERS OF lumber in
.1 Springfield and Emjen City.
Fnui and after this di-.te, bills for all lum
ber delivered by mill teams will be due and
payable as follows:
IlilU will lie delivered through the postoffice
or otherwise on or before the Mil of each
month, for all luuilier delivered during the
previous month, and customers will be waited
iiikiii for payment at their residences or places
of hmdneM on the 10th.
(hi all bills met promptly as indicated or
paid at (sir office in Springfield on or Is-fore
the 10th, a discount of 50 cU per thousand will
he made, but xwitively uo discount will be
made unless paid aa alsive provided.
1'KXllHA, WhKELEE & ClI.
SnilNuriELn, Feb. 18, 1883.
5,000 Wanted,
And to get it I will sell
U 1U aui-ar for $ 1.00: 10 cant ovsters, f 1.00;
7 lb No 1 1'osU Kica coffee, f l.Otl; tilass
S'tt (very nice), 40 ct; Ulass Sett,
(lieautiful), M ct; Set talasses,
3," cts; set sauce plates, 25 eta;
Bread and Cake Plate, 0 cts; Wash Hoard, '.T.
cts; Wash tub, ?1.(XI; llmoui, 2.r cts, and
other goods in proportion.
CCALL AD GET PRICES.
Har-gaiii in Crorkrry, (.Imnh,
WocmI atntl IVIIlow Hare? and tiro
rrrlrM.
A. GOLDSMITH,
i'aisb Vrerrr
Cah paid lr HID-S, FVRS and Country
Pnsiuce. (inmit delivered to aay part of city
free of chaiye.
Dissolution fotic.
Th partnership heretofore existing Wtween
J B Khinehart aixl K F McCalluiu, has been
disxulveti by mutual consent. Mr Khinehart
will continue tbe business at the old stand.
i H Khinfhart,
K F M.t'AU.L M.
Ivted Jan 1st, 1S
DinnolaitUa rPartaeralilp.
T
HK FIKM OF CUKRRY k PAY HAS
ibJaM
M ly KH Meodersnn, under Uie farm i
name of Dav a Hendersno.
All parties indebted to tbe eld firm art n-
oueatevi to call ao4 settle their accounts.
1 T . 1 . .
K.M.Dar,
Dated Jin it, 1865.
Real Estate Agents,
EUGENE CITY, LANE COUNTY, OREGON.
PARTIES winhina to locate, by Pre emption or Homestead, upon Government Land, or
to pure-lime School or Railroad Lands, will do well to call upon or address us as we are thor
oughly aciiiiaiuted with such lands thrmiKhnnt the eatire Willamette alley, en either side f
the river, and can show parties the iniHt valualile lainls anil Uemraoie locations, irom o to
acres in a body. Also vacant lots, buHinens and dwelling house for sale and to rent Parties
having money to invect in property will do well to call at this office as we have about 200 bar
6a"1. . . . r .... t k -l-,!.. .,! Ulnrr,..
rarties conveyen to ann inin any i our
tion pertaining to lands furnUhed gratis.
LOOK HEJEi3E3.'
We have six ten acre lots, and four five aore lots, .on Eighth street west of Eugene nn.
county road. A rich garden soil, which we can prove has rained 40 bushels nf wheat to the
acre. It can be bought for one-half what land iiern the street has lieen sold for.
What is fifteen minutes walk from the t.'OUKT HUL'SE DOUR for a nice little home.
Ten acres nf level land 0 acres wnich will cut from 2 to 3 tons of hay per acre; one sere for
garden, one sere for orchard, and two acres for 'awn around your house.
You can see that El'UKXE ITl'Y went ahead of any town in the valler in improve
ments laxt year. What do you think this year-S0,000 appropriated to build an addition tj ,
the State University, ami other vahiaMe enterprises mat we cau ten you awim u you wm
address lis. .... , . . ,
Ijme County at clone of lant fiscal year was
the Treasury.
E. E Luckey & Co
DEALERS IN
DRUGS, PATENT MEDIi NES,
Toilet Articles, Paink Jils,
Brushes, Etc., Etc.
We will keep a full assortment
and sell at living fixture,
PRESCRIPTION DEPARTMENT
In hands of a competent druggist.
SUCCESSORS
To luckei ftBristowat the old Ellsworth Store.
Pass books, butcher books, memo
randums, ledgers, day books, etc.,
of all kinds. Ordrs taken for
spcial size
School and Miscellaneous Books.
All the standard authors ly tlie volnme and is sets. Juvenile
books, Seaside and Waverly Library, Harper
Magazines, ete.
- Bible Depository For Lane County.
We have tn-en getting a large slock of new goods and we hav
everything found in a first-class Book btore.
We also have a full stock of
GROCERIES AND PROVISIONS!
McCORNACK & COLLIER.
Snccosrorii to CALLISOX.
-DEALEUS IX
Hardware and all kinds of Agri
cultural Implements
STORE-0n Willamette Street, opposite ''Guard" Office
Wmmm &
Fine Harness
Eight Street, -
DR. L. F. .TONES,
and Surgeon.
l-au.Aiir..Mi iu l lili.-IMUJAh
call, dav or niit.
OFFK'E-l p.Lnirsin Hat.' bri.-li; or can
be found at K K I.iic'.ey A t o'. tUn- ftore.
Offioe. hourr: t to 12 uv 1 t- if m. ta H
V uuliU
mini im m m jr.
out or ueiit ami nan a surplus oi o,uw in
Made to Order.
: v e, -I
- - Eugene City
W. V. Henderson,
BEETTIST.
f nao ur,Ji Jir.U l'KAt.m.15
iT9S?;Csi. witl 'n Haya' brick.
'IXTLf My operation vriU be flnN
rla- and charges reasonable,
Uidjitrons as irA a mvowi
calL
i iaviuell
1 M