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About The Oregon statesman. (Salem, Or.) 1916-1980 | View Entire Issue (June 11, 1919)
! I - j i". THE OREGON STATESMAN: WEDNESDAY, JUNE 11. 1019 ' . 3 I Boys1 Shoes Sturdy, fjn looking and right fitting j shoes of satisfaction. . ' ;..-:-.' '-I Brown English.bals , ... .. .. .'. .... . ;$4.75 lilackj English bals , . .$i,5a Black! Round Toe, Solid Oak Soli-s i I ' . .. ' - 1 Black; Hound Toe, Neolin Soles ..... ... .$4.25 .$3.73 The youth's sizes from 9 to Vty are proportionately, lej. j : .. i i J SPECIAL BoysV Elk Outing Hals, Elk Soles, sizes 1 to 5, ; $2.45 HIGH COURT DECIDES (Continued frcra lage 1 clare that the mandamus proceed iags before the court were for the purpose of determining whether or not Mr. CHcott was entitled to Re ceive the salary of governor. - Tha concur with Justice Johns that he' is entitled to this salary, but thej- both hold that i under the litigation be fore the court, they have no right ' .fsRSS l&itSi Mi!l!lllil!!llli!lll'!llitl m m Mm1 : ffi .'7. " ,t ;:V . LET'S GO! Canadian Pacific j for that VACATION TRIP . Take ithe Fairyland Trail to the East through the Canadian Pacific Bockxes. SUM31ER EXCURSIONS TO ALASKA By the "Princess Line" Steamers. Trains Steamers Hotels All Canadian Pacific standard ,. - . ... .None Better, . .. ,. For rates, dates "and '. ot"ner information " - apply to "j"!?' E. E. PENNj Genera! Agent Passenger Dept. ' ' : r 55 Third St, Portland; Ore. i! - ' (cAMACtANlj i U PACIFIC to settle outside issues. j "However important the! public questions involved may be. I do not think we have any authority to go beyoad the; case presented , to us' reads the opinion of JusMc.- Dennett. "If we did add should decide ques tions notj presented. our. decision j would! be more re. dictum-fcnd not binding upon our successors. or even upon us individually' if we' should cnajge our ma iv tana I opinions ai some future date. ! I "I do net wish to quibbfo or ta shirk my share of responsibility in deciding any question that is prop erly before the court. Neither am J willing to be (Stampeded into a de cision I have no right to make, nor to. rush headlong to thj exercise if powers Ijdo not pessess . in crdo: that I may havo the satisfaction or the notoriety or helping to decide seme important question. "If I should doh my official robe' and attempt to give my half-baked fctreetl opinions judicial utterance, I would agree with Mr, Chief Jus tice McBrice a3 to the result, but not as to" the reasoning or analogies by which he has reached that re sult. On the other hand. 1 should agree with Mr. Justice 'HaTis as to his reasoning up to a cetraln point, but not as to the result reached by him. 'But if I should aitenipt to do so, some ether judge succeeding mc might properly refuse to give my opinion any binding force. might well conclude that it takes' more than a judge and, a gown to make a judi cial decision." i j : Chief Justice McBride. who alone 'of the seven jurists, attempts to settle all questions sought to bi de cided all of them favorable to, Gov-erno- Olcott remarks aptly that the court has before It a question which must be settled on time -r another. "We might; as well chop off the dog's tail all at once sj l chop It off an inch , at j inn,"' ; the way he analyzes, the situation. "To accept and amplify Mr. Chief Justice McBride's homely; illustra tion, this is not a case whero any one has suggested to 'cut the dog's tail off by; inches' " asserts Justice Bennett. "It Isa case where, be- I cause one dog ha3 a broken tail which ne.?ds amputation, we pr asked , to orag in other dogs in the community; and mutilate! them be cause their ; tails might be broke-, at some time in the future." Chief Justice McBride believes all damns proceedings should be deter mined by the court for the purpose of settling- legal l3su3 jwhlch are certain to arise within the-next two yeV-sl! " " ! - t , ' "'There can be little question that Mr. Olcott is entitled toj hold both the office of governor and secretary of st'aVt "and. to draw the salaries of both," reads the oplnloa of the chief justice. ; "It is creditable to hini that he does not wish to do the first and will not do the second.; In the Infancy "of the state, when its business was insignificant and its jvenu-?s small, ; one person could well perform the duties of both" gorr er.iori and secretary of state, but with the enormous expansion of state business each of the; three con stitutional officers finds in his own department air the business which he can attend to and mare. "If It is possible for Mr. Olcott to give up his office of secretary of state and retain the office of gover "nor he should be permitted to do so, ihh t Hum nn in i in mm m t . T -.THIS'-: FLAG 1U- 1 YftA vsvv van cr FREE FOR t i - i Flag Day June 14 Fourth of July SIZE 3X5 FKET ; Fly Old Glory, The Victory Flag EVERY. RED-BLOODED AMERICAN will want a ne,v flag this Spring-Briglit, fresh, unsoiled Stars and Stripes to voice the glories of the boys who helped bring the Kaiser to his knees. j " y - f : I y r aJ ? ' f Ifs toasted BETWEEN breakfast and tennis. If s a good time to light a Lucky Strike the real Burley cigarette. It's toasted. Burley tobacco has a delicious flavor when it's toasted. 4 package this tvey Its tlfe) m sf o) I -:1 Bread is better toasted. ; So is Bar ley tobacco. Toasting has made the Lucky Strike cigarette famous. Pipe smoker? You'll find Lucky Strike tobacco delicious. The famous original formula; it's toasted. O V7 Guaranteed, try la the public Interest, and we ought not to quibble in so declaring. The public also has an interest in having the duration of bis term of office settled.- II a new, goven r is to be eho3in at -the next general election. the voters of the's"? iould b? apprised- of the fat. bo they may look about ' and weigh the qualifi cations of the various candidates, or prospective candidates, with a view (o enabling .themselves to choose intelligently. With the quest ion un- deciedd -and perhaps a large ma jority of the voters under the ini pression that Mr. Olcott s term will not Expire at th.? next general elec tion, the primary election for that office will be clouded with uncer talntiea not conducive to intelligent I NKW YORK, June 0. ' ae1Htlon. "I K. It. Some new law points which her-j iroil ' i t tofor- had not been brought to light " ........ - during the OlcotMloff mandamus i;Oiana. ije anu .- - ui,iinn . h iti.tirp liar- manicer ana i-ennoc. ris. in his opinion that Mr. Olcott Harris. Justices Beu&on and Harris however, say that whether ne re signs or not. he serves as gjvernor for two years only. Justices Johns and Bean and Chief Justic Mc Bride say that Mr. Olcott se:-vs for fouryears. Five of the justices ay that Mr. Olcott is governor In fact. The opin ions holding to this view are by Chief Justice McBride. Justice Harris, with Justice Benson cojenrrinjr. and Jus tice Johns, with Justice Ban con curring. -. Kroeger. Miller; and Schmidt. Mayer. Hamilton ST. LOUIS. June 10. . J R- H. E. Bottton . .......2 10 2 St. Iouls j..,...4 7 0 Rudolph and Gowdj; Tuero and demons. "Jack. dear, before our weddlaK I wish yon Would see a doctor." "Why fchcruld I? I am well, ex cTt for a twh of dyspep!-" "That's jest lt . I'd like you to get a certificate Iron him which wouid showJhat your dyspepsia an tedated our marriage.' Bostoa Transcript. ' AMERICAN LEAGUE FREE , X a six T We are giving away this beautiful 5x3 foot American Emblem ABSOLUTELY with' nt.e vear's new subscription to the DAILY STATESMAN. Also given with months new subscription and 50 cents additional. Retail price $1.50. Subscription rates $6.00 a -year, $3.00 for six months. "We do not expect our stock to be equal to the demand GET YOURS WHILE THEY LAST GET IT TODAY. SUBSCRIBE j TODAY 50c per month $3.50 for 6 mos. $6.00 for 1 year t iiiiii i ii ii in I New Sabscriber's Coupon l,,llllimmt The Daily Statesman, , " Salem, Oregon. ' Gentlemen: Enclosed find $ for which please send ........ Subscription Rates six months ! . M The Daily Statesman for and to me the Victory Flag . . ) , one. yfar : ; ,j ! ' i which is offered in. tliis advertisement. ! ' ' My, name is . . . . Address:...... . . . . j . serves as governor for two years only. "Ben W. Olcott was elected mt lanr tf state at the November. 15lfi. election aad his term as such will expire on the first Monday of aJn- uary; 1921." reads the opinion or Jiratice Harris. "James Witbycombe was elected governor at the Novem ber. 1913. election and he qualified oa January 15. 1919. James Withy- combe was elected for a term of four years ending in January. 1923; but be died on March 3. 1919. and heoce two regular elections will b.j held between the' date of his death and the end of .the four-year period for which he was elected. ,In this re spe"ct the facta in Olcott vs. Hof f are essentially different from the fact In Chadwick vs. Earhart; for in the latter cae Grover resigned on February 1. 1877 and a governor was elected as the very first cppoi tuoitv which wa3 In June. 1878. and the elected governor assumed the duties of the office at the vf ry first oDDortunity which did not occur un til th speaker of tin house pub lished the vote cast for governor "The conclusion that the office of governor can be filled by the people at the next elation harmo- niies every part or tne constitution with every other part, give full meaning to every word and evert sectloa and is in perfect accord with the sDirit of -our constitution and laws." A. summary of the various opin ion show that ihree" rf the evtn justices hold thai Mr. Olcott can re sign as f-ecretary of state and ap- 2, ! point his successor to that office. .hler Just co Denson and PHILADELPHIA. June 10. It. If. E St. Louis ...J 2 Philadelphia 5 2 Davenport and Mayer; Johnson. Kinney and Perkins. BOSTON. June 10. Chicago Boston Cicotte Schang. : and Schalk; R. It. E ...5 7 1 ...3 Ruth and WASHINGTON. June 10. R. II. E R. H.E. Cleveland 3 6 Washington .2 7 5 Bagby and O'Neill; Robertson. Shaw and Gharnty. NATIONAL LEAGUE I This view' Is taken b C i I Mc Bride, and. Justices 1 CHICAGO.-June 10. i . R. II. E. PhiladelDhla 3 11 0 Chicago 11 1 Watson. Smith and Cady; Hendrtx and Killefer. CINCINNATI, June 10. Tt. H.E. New York .'. 9 0 Cincinnati 2 S 2 ronton. Dnbuc and McCarty: Kihcr, Mitchell, Luque and Rari dcn. j '...; PITTSBURGH", June 10. IL II. E. Brooklyn . 10 4 Pittslturgh ..10 14 4 Pfeffer, Cheney, . Matuniiux and PADEREYSia-Premier; of Poland AND MASTER PIAtaSTl USES I NUXATED IRON To Obtain Renewed Energy, -' P.ower and Endurance r t te. M mm mm ... . m f A4,ct ProlMMr New Yck Pot ' CradwU MdKl School mmA lloapi- tal, SysTht la His Opinion Nuto4 . Iroa is . j I 'Is The Most Valuable Tonic, J Strength and Blood Builder Any Physician Can Prescribe, j Ignace Jan FadrrewskL one of tr.e greatest musical aeniusts of the ace. at a time when his en- tiring work (or Poland overtaxed bis strength and impaired his health had recourse to Nuxated Iron to he'.! rebuild bit wafted forces and restore his old-tioa health and strength. Trrcs . Pnr4 kr orer two yr tt afrncst , , mok ! ccaarlcwi work in tb r rf b (aUMT. mmmm C. I.-.! l... k mm im tmm ,... n.v mm rm J J rrvVi ,-t k unarming' toric Wnrfit ... . vf Nmtci Iron. 1T. Jactea Fraac V MT"T" ifvjp m$ lmt m S sUtTtn, tot?! )if tfce f f J JxmltitrZ t i new reua rrr I . A W lip.. Xew Ytk, ar.J PM t. U Ul w : Itmi to the Uooa sot uty irJiir a snoa , , -v.l - L. V 7 ZTT? m U ril frc. thw ruin ai T 'jriM kt Mmi mmrm. U -me-. tv .1 Vf- "T r r tt. wW. J- mmA 1 m " " W ' " V" r - r , rtrm vfcc'tt i- ' - i. aM Um4 W4r a umt ana ntmar lHr arrt an -.iJ.KU .-i . r ." t aM abJ, rrf ik.A lack af n f ri!!LTii irom. Ire. ia aW.ttrl Ztal mk2 rom.Y'. L ITJ .. .- r can lat. tiam an 4 Vra-n. 'W.tWnrt tTr 1' ' " Irrs tWr is sta stmirV vitality 4 en. frn errreathia. T. r aaatc ttrtmt 1 r. mwmH array -I aai wi IrM vvrr frraveatlr sad consider rat Crt4tui iUU4 Sckoot asl Earpiu " Sold by Danid.ir Fry ;Vnj"j' V ' V ' p" take tv ssia, far to Bai rtlrug bi "ores ail U olijCr tsiiiiiiinni mi iiiiiiinmil - ft'