Tiie Dalles Daily Chronicle.
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Address all communication to " THE CHRON
CCL." The Dalles, Oregon.
TUESDAY. - - APRIL 16, 1895
COUNTY INDEBTEDNESS.
Recently Joseph Simon brought suit
affflinnfc Prfinnfv .TiiricA "Wnrfhrrsn nf TVTnlf.-
es - J B r
nomah county to compel the county to
take charge of the free bridges across
the Willamette, and also those acquired
by the bridge commission. The suit
was brought before Judge Hurley, of the
circuit court, who vesterdav rendered a
decision, the natter being on a demurrer.
We give the closing part of the judge's
opinion, sustaining the demurrer, the
opinion being based on the constitutional
provisions concerning county indebted
ziesi, which is fixed therein at the limit
of $5,000. Judge Hurley, on this branch
of the subject, says :
"The next and last question to be con
sidered is as to the power of the legisla
ture to create a debt of the county ex
ceeding $5,000.
"This act creates a debt against the
county, or rather obligates the county
for the entire bonded debt and interest,
and requires the current expenses of
operation, repairs and renewals of these
bridges and ferries to be borne by the
county without its consent. Aside from
the statue being local and special, I am
of the opinion that it is clearly in viola
tion of eection 10, article 11, constitu
tion. : "It seems to me that this constitu
tional limitation is a restriction upon
- the power of the legislature, as well as
the power of the county, and this is so
especially where the liability had al
ready existed prior to this act, and
where it is not created or to be created
by operation of general laws.
"In the case of Buchanan vs. Litch
field, 102 TJ. S., 2H7, Harlan J., says:
"No legislation could could confer upon
a municipal corporation authority to
contract indebtedness, which the consti
tution expressly declared it ought not to
be allowed to incur.'
"Nor do I think there is anything in
consistent in this view with the deci
' siona of the supreme court of this state.
The case of Grant county against Lake
county, 17, Oregon, 453, was decided
April 15, 1889, and first construed this
section. It is there eaid, 'Debts and
l : L :i : : i i : u : i : . : :
Ainuuiiica aim iittuiiuieo' urisiug uuu ui
such matters (salaries of officers, ex
penses of holding courts, etc.), whatever
sum they may amount to, cannot in rea-
' son be said to have been created in vio
lation of the provision of the constitu
tion referred to, as tbey are really
created by the general laws of the state
in the administration of its government
al affairs.'
"This decision, even to that extent, is
in conflict with the People vs. May 9
Colo., 404, supra, construing a similar
and almost equivalent constitutional
provision. It is also distinctly in con
flict with the decision of the supreme
court of the United States in the case of
Lake county vs. Rollins, 130 U. S., 662,
construing this same provision of the
' Colorado constitution, decided May 13,
1S89, a short time after the decision an
nounced in 17 Oregon. Brewer, J., then
on the circuit, had decided in 34 Fed
Rep., 845, holding that this provision of
the Colorado constitution only applied
to voluntary indebtedness, and not to
compulsory obligations cast upon the
county by operation of general laws. Id
. this view be was not sustained by the
supreme court of the United States in
the decision of 130 U. S., 662, announced
without dissent.
. "In Wormingham against Pierce, 22
Oregon, ,610, the opinion of the court
quotes with approval the case of the
People against Wall, 88 111, 75, and the
People against May, 9 Colo., 91, and
. mentions the exception tht is made as
to certein debts, in 17 Oregon, 453, clas
eifying them as such that would arise by
operation of law in the 'ordinary course
of business in the county, and therefore
do not include extraordinary cases like
thin.
"In Burnett vs. Markly, 23 Oregon,
439, there is nothing inconsistent with
the view which we maintain that these
debts thrust upon the county by opera
tion of law are such only as arise under
general laws, and relate only , to such
, debts as may be created by operation of
law after the paseage of the act, and not
debts which the act itself creates.
"The demurrer must be sustained and
the petition dismissed."
for Rent.
After April 1st, 20 acres of fine land
situated within the city limits. House
and barn, good water for irrigating.
Terms easy. Apply to Fred W. Wilson
inch 20-1 m.
WASHINGTON LETTER.
From our regular correspondent.
Washington, April 12, 1895.
It lias been difficult to collect money
from the government ever since the
Cleveland administration came into
power, and it is going to be more diffi
cult than ever. It has been the policy
of the treasury to raise all sorts of obsta
cles to defer payment on government
vouchers of all sorts. It was this policy
that caused Senator Gorman to .say on
the floor of the senate that if all proper
demands on the government were paid
there would be a deficit of not less than
$100,000,000. At a cabinet meeting held
after the decision of the supreme court,
in the income tax cases, was fully di
gested it was decided that the calling of
an extra session of congress should be
avoided, if possible ; and the possibility
of keeping money in the treasury by de
laying payments upon appropriations
made by congress was considered. It is
not certain even then that, congress will
ot have to be called together.
That the exemptions of incomes from
rents and state and municipal bonds will
cut off at lease one-half of the amount
that would have been received from the
income tax is admitted by everybody
who knows anything about the subject.
And not a few believe that the advice of
eminent lawyers, based upon the failure
of the supreme court to declare the law
either constitutional or unconstitutional,'
will result in the failure of thousands to
pay the tax. Men who were loud in
their praises of the income tax now bit
terly opposed to it, because of the ex
emptions made by the court. They say
that these exemptions will defeat the
principal object of those who advocated
an income tax the compelling of alien
landlords to bear a fair share in support
ing the government and throw the
principal burden of the tax upon busi
ness men, manufacturers and ' other
large employers of labor, and their ar
gument appears to be a good one.
The charge, openly made in Washing
ton, that two of the four justices of the
supreme court who voted to sustain the
constitutionality of the income tax did
so on a legal technicality and that in the
absence of that technicality the vote
would have stood 6 to 2 against the con
stitutionality of the entire law, instead
of the clauses exempted, is not calcu
lated to add to the popularity of'the law,
nor to the willingness of anybody to pay
the tax.
Friends of Senator Blackburn in
Washington say that Mr. Cleveland's
action in appointing a man named Jop-
liu to succeed Mrs. Helm as postmaster
at Elizabeth town, Kentucky, after the
senate had refused to act upon the nom
ination of Joplin to that office, will
greatly aid Senator Blackburn in his
campaign for re-election to the senate,
Mrs. Helm is the youngest sister of Mrs.
Abraham Lincoln and the widow of a
confederate brigadier who died in battle,
and it was at the request of ex-Confederate
soldiers in Kentucky that Senator
Blackburn expoused Mrs. Helm's cause
and succeeded in preventing action upon
Joplin's nomination. Mr. Cleveland is
opposed to the re election of Senator
Blackburn, on account of his views on
the silver question.
Mr. Cleveland now' regrets that his
friends arranged to have him invited to
Chicago to make a gold speech in order
to counteract the silver element, which
seems to be in a fair way to get control
of the democratic party in that state.
The principal cause of his regret is that
it has been represented to him that if he
makes that gold speech it will result in
an open rupture between himself and
Vice-President Stevenson, who is stated
to be the beneficiary of the democratic
silver convention, which has been called
to meet in that state in June. The offi
cial relations between Mr. Cleveland and
Mr. Stevenson have been strained for a
long time, but the former is not yet
ready ' for an entire break in those rela
tions. It is regarded as certain that the
Illinois democrats will at that conven
tion declare in favor of free silver, re
gardless of anything that Mr. Cleveland
may say ; hence his regret that anything
should have been said about his making
a gold speech in the state.' , He is just
pipe
Tillii7ery.
-ALSO A FULL LINE OF-
MRS. M. E. BRIGGS,
human enough not to wish to put him
self in a position to get knocked down
by the Illinois democrats.
Senator Dubois of Idaho, who is now
in Washington, has, as all the world
knows, some very positive views on the
subject of the restoration of silver as a
money metal. He says: "In my judg
ment the outlook for silver is bright. A
great majority of the voters want it re
stored, and they will find a way to se
cure what they want. Tbey will not be
fooled any more with meaningless reso
lutions in national platforms or by poli
ticians who talk one way and vote an
other." Senator Dubois believes the
restoration of silver will be the work of
trie republican party. -
; UAS.
The Wasco Warehouse Co. have on
sale at their warehouse Seed Wheat,
Feed Wheat, Barley, Barley Chop,-Oats
and Hay. Are sole agents in The Dalles
for the now celebrated Goldendale roller
mills flour, the best flour in the market,
and sold only in ton lots or over." 9-tf
Do you want Tub Chronicle and San
Francisco Examiner for a year? If so
send us $2.25 and you can have them,
156 papers for $2.25 or less than a cent
and a half a pioce. If you would rather
have the New York World, we will send
you that and the. Semi-Weekly Chbon
iclb one year for $2.25. The World is
also a semi-weekly so you will get 208
papers lor $z.&.
La Grippe is here again with all of its
old time vigor. One Minute Cough Cure
is a reliable remedy. It cures and cures
quickly. Snipes-Kinersly Drug Co.
Sick Headache, constipation and indi
gestion are quickly cured by De Witt's
Little Early Risers, the famous little
pills. Snipes-Kinersly Drug Co.
Jos. T. Peters & Co. have cord wood,
which is desirable in all respects, and
respectfully solici' your orders.
' Advertise in The Chronicle.
THE DALLES
REAL ESTATE
ASSOCIATION.
The above association is
prepared to take a list of all
and any kind of Real Estate
for sale or exchange, whereby
the seller will have the undi
vided assistance of the follow
ing Ileal Estate Agents, or
ganized as an association for
the purpose of inducing im
migration to Wasco and Sher
man Counties, and generally
stimulating the sale of prop
erty:
C. E. Bayard, T. A. Hud
son, J. G. Koontz & Co., J. M
Huntington & Co., Dufur &
Hill, N. Whealdon, Gibons &
Marden, G. W. Rowland.
Address any of the above
well known firms, or
F. D. HILL, Sec'y,
-The Dalles. Oregon.
G-arden and -fT
ca-rass seeas
J 2
in Bulk, at
J. H. Cross'
s
Feed & Gro
cery Store.
S ES 3E5 0 5
Having secured the services of
a first-class trimmer fron the city,
I can assure my patrons perfect sat
isfaction as to style and finish.
Call and see the large variety
of Hats on display in window.
Successor to Anna Peter St Co.,
. . . 112 Second Street.
Bill SEEDS
A Fine Line of Fresh Bulk Seeds, just
arrived.
Kentucky Blue G-rass,
Red. Clover, Peas,
White Clover, Onions
Alfalfa, Turnips,
Millet, Carrots,
Beans, Beets.
ALL VARIETIES
Flower Seeds, Onion Sets.
J. B. CROSSEN,
G-rocer.
Ask Central for 62.
NICKELSEN'S
BOOK : STORE.
Attractive Goods,
Full Assortment,
Small Profits,
Quick Sales.
THE
SiuDiinp Greennouse
Everything for the Garden
Roses, one, two and three years old ;
White and Purple Lilacs, and all kinds
of blooming shrubbery; Dahlias, Gladi
oiias, irnlox, ana uanterberry Hells.
Ofaoice Chrysanthemums at 50 cents
per dozen, or o cents each.
Geraniums, Heliotrope, Marguerites
and Fuachias at $1 per dozen.
Cut Flowers furnished on short notice
for all occasions.
Snipes-Kinersly Drug Co.
Drugs,
Paints,
Wall Paper,
Window Glass.
129 Second St.,
THE DALLES, - - OR.
E. JACOBSEN BOOK and MUSIC CO.,
THE LEADERS IN
Pianos and Organs, Books
NOTIONS, STATIONERY.
Call and (ret their Drices. Bell PIANOS on
easy monthly payments, and is prepared to meet
Ulljf WDirJIillllUA ...
162 Second St., THE DALLES, OR.
Notice.
- To the Genkkal Public : - -
The undereighed has thoroughly re
modeled what is known as the Farmers'
Feed Yard, corner of Third and Madi
son, adjoining J. L. Thompson's black
smith shop, and is now ready to accom
modate all who wish their horses well
fed and properly cared for, at Prices to
8uit the Times.
AGNEW & McCOLLEY, Props.,
The Dalles, Or.
Bring in Your Family.
Come in Yourself,
And see how cheaply
Men's Suits, Boys'
LACES, WOOLENS,
Everything from Hat to Shoes,
Closing Out Sale
of DRY GOODS
CLOTHING, FURNISHING- GOODS,
BOOTS, SHOES, HATS and CAPS.
Past or present values cut no figure, as goods
MUST be SOLD
The C. P. and P. D., French Woven, Hand-Made, Dr.
Warner's Health, Coraline,
of Corsets will be closed out
and be convinced. You will
J. P.
Auction!
BANKRUPT STOCK of H. WHALEN,
of San Francisco, consisting in part of
The celebrated 1847 Rogers Bros.' Silverware Tea Sets, Butter Dishes, Pickle
Stands, Cake Baskets. Drinking Cups, Knives, Forks, Spoons, Child's Sets. Also
Watches, Jewelry, Notions, Cigars, Etc.
Sale begins Saturday, April 13th, at 2 and 7 p. m., and continue Each Day
until sold out No reserve: no limit. Everything goes to the Highest Bidder,
regardless of Cost or Value. Beautiful and costly Prizes given to the Ladies, who
are especially invited to attend Private Sale all through the day at auction prices.
Salesroom N. E. Cor. Second and Washington.
PERCY H. GREER, Auctioneer.
GEORGE RUCH,
PIONEER GROCER,
Successor to Cnrlsman & Corson.
ifflli FULL LINE OF
STAPLE and FANCY GROCERIES.
Again in business at the old stand. I would be pleased to
see all my former patrons. Free delivery to any part of town.
UU"m VAUSE3
Successor to Paul Kreft & Co
DEALER IN
PAINTS, OILS AND GLASS.
And the Most Complete and Latest Patterns and Designs in
WALL PAPER. WALL PAPER.
PRACTICAL PAINTER and PAPER HANGER. None but the best brands
of J. W. MASURY'S PAINTS used in all our work, and none but the
most skilled workmen employed. Agents for Masury Liquid Paints. No chem
ical combination or soap mixture. A first-class article in all colors. All orders
promptly attended to.
Store and Paint Shoo corner Third and Washington Sts., The Dalles, 0reoi
JOHN D. GEOGHEOAN,
(Register U. 8. Land Office, 1890-1894.
Business Before iae i United States Lsad
Office Specialty.
Wells Block, Main Bt, Vaneonrer, Clarke Co
Washington. noTl
we can dress all of you.
Suits, Silks, Satins,
0 t
COTTONS, LINENS,
for everyone. All new stock.
LESS than COST.
French Model and other makes
at extremely low prices. Call
be surprised at our low prices.
McINERNY.
Auction!
R. A. DIETBICH;
Physician and Snrgeon,
DUFUR, OREGON.
All professional calls promptly attend
to, aay ana nigni.
aprl4