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About Capital journal. (Salem, Or.) 1919-1980 | View Entire Issue (Nov. 3, 1919)
THE DAILY CAPITAL JOURNAL, SALEM, OREGON, MONDAY, NOVEMBER 3,1919. PAGE THREE,. 0LC0TTT0 SERVE T IBID K RM OFVIT HYWE There Is no occasion for the election of a governor of Oregon at the gen eral election to be held In 1920 in the nnininn of Attorney General Brown evnrPBsed today in reply ttf a recent request from Sara A. -ozer, uoyu ..i.rv of state as to whether the office of governor should be inc'.uded nn th ballots for primary election next May. Tin W. Olcott. the opinion declares, Is a real, de jure governor serving' oat the unexpired term of the late Gov Withycombe. The secretary of ministerial officer, he ?e clares, and cannot question the correct ness of a decision of the supreme court in Its interpretation 01 io iwuiu nf the laws of the state, which, he holds was clearly defined, so far as the utat.is of the eovernorship is concern r! In the case of Chadwick vs. Bar- hart and still continues to stand as the law of the stat? Inasmuch as it has not vet hen overruled by a later decision of thn same court. If, however, the correctness of this otntlon. Is ouestioned the at torney eeneral cites as a remedy for the. eltuation a proceeding in man- damus which may be instituted by any citizen and voter of the state in an effort to compel the secretary of state to file the nominating petition 01 any one who may aspire to become a can didate for governor at this time. "An election In order to valid musf be held in pursuance to some provision of law authorizing It," the opinion 01 Attorney General Brown reads. "Sec tion seven, article five of the constl tution of Oregon provides that the term of the office of governor of Ore gon shal lbe four years. Vie have been taught by the supreme court of Oregon that in the event of a vacancy in the office of governor that the office shall ' devolve upon the secretary of state, who Bhall continue to perform the du- ties of the office of governor for the remainder of the term of the outgoing case has been questioned by two jus-1 tices thereof, nevertheless, it was not overruled but is yet law and binding upon us." If the ChadwicKKarnart -case is not correct law it should De over ruled," he declares. In omitting the office or governor from the notice required by section 3352 amended, you are obeying the fundamental law as interpreted by our supreme court and if the Chadwick- Earhart case Is not correct law, 11 should be set aside as a precedent, as the law affords simple remedy A candidate for governor who at tempts to file his petition as such can didate at the next primary election may institute mandamus proceedings against the secretary of state upon the secretary's refusal to Hie saia petition, Such mandamus proceeding, he states may be instituted against the secretary of state by "any citizen and voter not later than forty-five days before the primary nominating election. This case, he declares, is Douna about by special circumstances tnai takes it out of the general rule which precludes the granting of a mandamus in anticipation of a supposed omission of duty," and permits an application for mandamus in advance of the time designated for performance of the act lh question in the event of a clear re fusal or expressed intention not to per form such act." PAYING ATTORNEYS TO PLEA CONVICTS INCORPORATIONS. . VATER PERMITS Applications for permit to appro priate water have been filed with State Engineer Percy A. Cupper, state en giner, by Walter E. Boner, Henry Fair childs, Harry Coleman and Joshua Downing, all of Joseph, to use water from a spring for domestlo purposes, and by Frank E. Foster of John Day to appropriate water from Canyon creek for the Irrigation of a small tract of land. . governor. 'ilils advise, the attorney general i states, as was his opinion of March 21, last, addressed to Governor Olcott, is based upon the provisions of the con stitution of Oregon and the exposition of this particular section by the su preme court of the state in the case of Chadwick vs. Earhart in which it was judicially determined that in the event of the removal of the governor from office or of his death, resignation, or inability to discharge the duties of the office, the same shall devolve on the secretary of state "who shall continue to perform the duties of the office of governor for the remainder of the term of the outgoing governor." ' "That determination by the common ..wealth's highest court is binding upon you as a ministerial officer of this ' state," the opinion continues. "It Is likewise binding upon the writer of this opinion. It can only be dlsre earded or overturned by the supreme court of the state that gave utterance to this construction of the constitution or by the people themselves who are the source of all power. "The secretary of state is a minister- ial officer and he cannot question the correctness of a decision of the su ' preme court in its interpretation of the constitution of the state. "When the highest court of the state has said that the duties of the gov " ernor's office devolve upon the secre tary of state, who continues to perform such duties for the remainder of the term of the outgoing governor it means exactly what it says. Tour office, be Ing a ministerial office, your powers are limited to those expressly granted by law or necessarily implied there- , from, and you are compelled to per form the duties of your office as de clared by law whether the same be statutory law or court made law. "It Is not within the scope of the duties of a ministerial officer to pass upqn the validity of a law requiring his action. He has but one duty in such a case and that is obedience." Quoting from the "illuminating but divergent opinions prepared by the Jus tices of the supreme court In the case of - Olcott vs. Hoff, a proceeding brought in the hope that the question - that you are now asking, might be set tled," Brown declares: "One thing, however, that case did settle, is that Governor Olcott Is a real, de jure governor and in exercising his duties as such, he is an actual gov ernor and not an acting governor; that the obligations being executed by the state are and must be settled by him as governor In fact, as well as secretary of state in fact" - Referring to these same "divergent opinions" of the supreme court In the Olcott-Hoff case, the-attorney general declares "it will be seen that the authority of the Chadwick-Earhart Application for the appropriation of 20 second feet of water from the south fork of Galice creek for placer mining purposes was filed with State Engineer Gunner. Saturday, by J. E. Stickel of Gold Hill. Other applications for water rights were 'filed as follows: Jacob S. Mallenhour of SpeaKer, Or. for the appropriation of 10 second feet, of water from Wolfe creek for placet mining purposes. I Artie E. Thumblison or KerDy, ur., for the appropriation of water from Sucker creek for the irrigation of small tract of land near Klrby. T.nnls Gerber forithe appropriation of water from south fork of Sprahue river for the irrigation of a small tract near Bly.. D. B. Woodruff and Matilda Woot- ruff of Lowden, Wash., for the appro priation of water from Pine creek for the Irrigation of an 160-acre tract near Freewat'er. The employment of" paid attorneys by friends or relatives In an effort secure the extension of executive clem ency toward some convict Is discour aged In a statement Issued by Gov ernor Olcott this afternoon. Neither the executive offices nor the state pa role board will give heed to the plead ings of such paid counsel, declares the governor. Pathetic instances have come to my notice where relatives or fftbnds of a convicted man nave maae great 11- nancial sacrifice to pay a fee to an at torney to make a plea for securing executive clemency for him," declares Governor Olcott. "I believe that this is unjust, both to such relatives and friends and the convicted man, I wish It plainly understood that representa tions in behalf of a prisoner, coming from some one paid to make such rep resentations, rather prejudice than as sist the cause of such prisoner. I can not countenance or tacitly encourage such commercializing of human liber ty. . "It has been my practice always to give a respectful and considerate hear ing to every person who, disinterested ly, wishes to present a plea for clem ency. Friends or relatives win De ac corded such a hearing without the interposition of an attorney. I wish to say further in explaining my position, that applications for con ditional pardons will be given no con sideration, except in most extra-ordinary cases where there seems to be a certainty that some Innocent man has been wrongfully convicted, until spe cific affirmative recommendations for granting such .clemency are received from both the presiding Judge and dis trict atorney who acted for the state at the time of the' prisoner's trial and conviction. This custom has been ad hered to in every case that has come before me except where extraordinary circumstances obtained. . " "Obviously, the executive offices cannot be familiar with the clrcum stances surrounding the cases of the hundreds of men who are sentenced to the penitentiary or to county jails. The men who best Know tnese circum stances are the judge and the district attorney who acted on the cdse." The A. & A. Lumber company of Portland filed articles ,of incorpora tion Friday. The capital stock is $15,- 000 and the incorporators are J. W. Seigel, M. B. Seigel and B. C. Fisher. Other concerns filing articles were Astoria Amusement company, capital S 5 0.000. S. Danz, Mrs. Allie Danz, R. Straus, Mrs. J. D. Straus and the Master Cleaners & Dyers, Portland, $5000, J. E. Beezley, Abble C. Beez iey, Otto Reech and Carrie Reech. 4, j The DesChutes Falls Power com-' pany, capitalized at $5,000,000 was granted permission Friday by the State Corporation Commission, to op erate In Oregon. Head offices of the company, which Is organized under the laws of Nevada, are In Corson City, Nev., A. M. Wright, vice presi dent of the United States National bank of Portland is named as attor ney in fact. The company will do a general business In the distribution of electricity for heat," power and light. Dan Wuille & Co., of New York, Im porters and exporters of fruits, havo filed "with Corporation Commissioner Schulderman a decelaratlon of inten tion to transact business in Oregon. Augustus Edward Woolpert is named as attorney in fact with office in Hooi River. The company is capitalized at $100,000. The following articles of incorpora tion were filed Saturday: Carbon Coal company, Portland, $20,000; A. G. Riddell, M. A. Daniels and F. C. Gillespie. Oregon Gearless Differential com pany, Portland, $25,000; J. W. Linn, D. W. Linn and J. 1 Hadley. Gresham Home Builders association, Gresham, $10,000; R. H. Todd, J. A. Patteneaude and H. L. St. Claire. Hibberd Bros., Inc., of Portland1, filed a certificate showing an Increase in capital stock from $5000 to $40,000. A decrease In capital stock from $250,000 to $235,000 is reported by the Bacon Estate company of Portland. The Oregon Realty company of Portland filed resolutions of dissolution. HALF MILLION PAID BY JURY DISAGREES Marshfield, Nov. 3. The Jury in the case of Harold Howell, 15 year Old Bandon boy charged with the mur der of Lillian Leuthold on July 27, re corded a disagreement after being out nearly 30 hours, and the case must bo tried again, possibly at this term 01 the court. The defendant showed no emotion when the jury reported. Glass Of Salts If Your Kidneys Hurt Eat loss meat If you feel Backnthy or have Bladder trouble Salts fine for Kidneys ; Meat forms uric acid which excites and overworks the kidneys in their efforts to filter it from the system, Regular eaters of meat must flush the kidneys occasionally. You must re lieve them like you relieve your bow els; removing all the acids, waste and poison, else you feel a dull misery in the kidney region, sharp pains in the Iback or sick headache, dizziness, your stomacn sours, iongue is coateu mu when the weather is bad you have rheumatic twinges. The prine is cloudy, full of sediment; the channels often get Irritated, obliging you to get up two or three times during the nicht. To neutralize these irritating acids and flush off the body's urinous waste 'tret about four ounces of Jad Salts from any pharmacy; take a ta blesooonful in a glass of water be fore breakfast for a few days and your kidneys will then act fine and bladder disorders' disappear. Tnis famous salts is "made fro mthe acid of grapes and lemon Juice, combined with lithla, and has been used for Generations to clean and stimulate sluggish . kidneys and stop bladder ir ritation. Jad Salts is' inexpensive harmless and makes a delightful ef fervescent lithla-water drink which millions of men and women take how and then, thus avoiding serious kid ney and bladder diseases. (Adv) THIS WOMAN SAVED FROM Ail OPERATION By taking Lydia E. Pinkham's Vegetable Compound, One of Thousands of Such Cases. A total of 596,832 in fees and li censes had been collected by the auto mobile registration department of the t secretary of state's of flee up to October 31, according to a statement issued to day by Sam A. Kozer, deputy secre tary of state, which shows a total of 82,309 automobile registered In the state up to that date. Receipts of the department for 1919 will be approxi mately $140,000 greater than for 1918 ; based on present estimates. . In October, thlB year, which exceeds ' the record of that month in any pre- j vious year there were 1966 passenger and commercial automobile registered j as again only 780 lor tne same montn a year ago. Only the inability of dealers to sup ply the demand for 'automobiles will prevent the total registraion in this state from topping the 85)000 mam this year, Kozer declares. L. A Smith has contracted with the county court to spread on roads In the viainity of Mount Aufctl 10,000 yards of crus'iod reck during the winter month - Black River Falls, Wis.-"As Lydia E. Pinkham's , Vegetable Compound saved me irom an operation, I cannot Bay enough in praise of it. I suffered from organictroublesand my side hurt me bo I could hardly be up from my bed, and 1 was unable to do my housework. ' I had the best doctors in Eau Claire and they wanted me to hava an operation, but LvdiaE. Pinkham's Vegetable Compound cured me so I did not need the operation, end I am telling all my friends about it" Mrs. A. W. Binzer, Black Eiver Falls, Wis. It is just such experiences aB that of Mrs. Binzer that has made this famous root and herb remedy a household word from ocean to ocean. Any woman who suffers from inflammation, ulceration, displacements, backache, nervousness, irregularities or "the blues" should not rest until she has given it attial, and for special advice write Lydia h. Pinkham Medicine Co., Lynn, Mass. l77T?!77iTiiiii!iiiiiiiiiiiiM IF31 Ijjjr -f-sMwi III!' i b 111 4 t Say, Fellows! MOTHER purchased my Union Suits at -BISHOP'S- They are so comfortable these cold morn ings. WHEN you have on your winter weight underwear you needn't be so care ful, you don't catch cold so easy. . WHY delay purchasing your boys' underwear? WE have a wonderful se lection for you, complete in most all num bers. BOYS' 1-in-l Ribbed Union Suits in winter weight, that you will appreciate, the moderate price and wonderful value in this garment we are convinced. EXTRA heavy weight in BOYS' UNION SUITS in the "DERBY". This is exceptionally ap propriate for colder weather. LAST but not least comes COOPER'S BEN NINGTON. You doubtless know very much about this popular garment, made on the spring needle, and containing fully 1-3 more yarn than other un derwear. While Outfitting the Boy YOU cannot afford to overlook BISHOP'S 0 FABRIC shirts. They are made so full and nnnmu AT? "ItTV J-,,1 I ...lit. T li. 1 down flaps and military collars. THEY are a good health insurance now that the boy is out of doors, in school and play ing in his odd moments. MADE of pure "FLEECE WOOL" and are made to carry the boy through all his boistrous play. THEY'RE insurance against "WORRY and MENDING." 5 7- BOYSSHOES. WE venture to say tnat we have the best f school and dress shoe on the market today. They are made of honest LEATHER and that is hard to find1 these days. ' " WE have one, of the most expert men in charge of this department to be found on the coast today. From the "Hide to the Shoe" util izing his expert knowledge in purchasing shoes. . BISHOPJhas a wonderful, snappy line foremen and boys. .,i ' " : '' ' ' -1 .'' TOMORROW NEVER COMES-DO IT TODAY. "Every Family In Marion and Polk Counties a Patron" Salem WOOlehMlIS Store iSJ' IB "Catarrh Of Stomach" Cor rected By Internal Baths" Mrs. John F. Preble of 6151 S. Lin coln St., Chicago, 111., writes to the Tyrrell Hygienic Institute: "My symptoms were terrible and my physician said that catarrh was affecting my whole intestinal tract. After using the 'J. B. L. Cascade,' however, instead of. a strict diet as before, I now eat almost anything I want without trouble.' I recommend Jt whenever I get a chance. " The "J. B. L. Cascade" cleanses the lower intestine its entire length and keeps it always free of - poisonous Thousands testify that constipation, indigestion, stomach troubles, bilious ness, headaches and all the many ser ious troubles which they cause are absolutely relieved and prevented by this nature treatment. Daniel J. Fry will be glad to show you the "J. B. L. Cascade," explain Its simple operation and will give you, free on request, an interesting little bok by Dr. Chas. A. Tyrrell of New York, a noted specialist on internal bathing for 25 years in that city. Clip this out as a reminder to ask for the booklet at your first opportunity. To Prevent ' Grip Take ; "Laxative BrGstso ' Quinine Tablets" Be sure you get the Genuine Look for this signature on the box. 30c I i M I 3) Personal Many a thrilling story might be written around "personal" Want Ads that have appeared in this newspaper. In them there has beer, romance and tragedy, pathos and comedy. But, above all, these "personal'' Want Ads have been of the greatest usefulness. They have effected reconciliations, reunited families, located missing persons, found heirs to estates, etc. Whenever you have need of the services "personal" Want Ads can render, use our columns freely. It is really one of the marvels of the day how information imparted in our little Want Ads spreads to every nook and cranny. Try them. Here Are Two Good Personals PERSfl.NxV-I ub eodfurcrlai u locau n, brother Qtorgt H. Wil ton... Lial kurd U In Uiii cur, tlx . Bunub ftfo. H is priiiur, wa 43, Cv ffrt tB Jncfee UU, w.iffai -itaut 179 pouiidi. Vtrk araiDltzioa. InterMt in MUt If bit fuller twaitt bim. AOS UifonuUglt U1 b ut' IMU4. AIlbiUUsH: rrnw)NAI-ir wr. Ridurd v torntrl f M2 Munoll ltd. thlt city, will eommuntou wlib tbt iuoraUne4 fc wUl Ittra at torn thin I It bit bdrtiiUft. Wtnur, (itnldt tad Ullier, iltanwi, AU-MUUS3I O Little Want Ads like these are read In the most unexpected places and have brought results where results seemed impossible. Read and Use the Want Ad$ in DAILY CAPITAL JOURNAL 0 aaoanaiiiiiiiBOEiiiiiiiiiaDaaooy r v pi li h I UM n 10 i L n i; n l Harvesters of Health m'AUi , A: p pi - T . 1- Tuberculosis lurks in wait for persons who become run down in health. With their power of resistance diminished they fall easy prey to the death-dealing germs, which in many instances have been in their system since early childhood. ' The young women in the picture arc winning back health under ideal conditions at the Night and Day Camp in St. Louis, Mo. This camp is conducted by the St. Louis Tuberculosis Society, I one of the thousand or more organizations allied with the National Tuberculosis Association. The ' approaching Red Cross Christmas Seal sale campaign will benefit this and thousands of other aati- ! tuberculosis activities. . . ' Only "predisposed" cases are received at the Night and Day camp. (Adv)