Corvallis gazette. (Corvallis, Benton County, Or.) 1900-1909, April 20, 1906, Page 2, Image 2

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Published Tuesdays and Fridays by
Gazette Publishing Company.
The subscription price of the Gazette
for several years has been, and remains
$2 per annum, or 25 per cent, discount if
pid in advaa.-e. This paoer will be
continued until all arrearages are paii.
The United States Supreme
"Court has recently rendered two
decisions . which will doubtless
3ive new and more intelligent
direction to legislation directed
against the discriminations prac
ticed by transportation compan
ies. The first case grew out of a
-contract between the Chesapeake
and Ohio, and the New York,
Kew Haven and Hartford rail
road companies under which the
former company agreed to fur
nish the latter with a large
-quantity of coal. The trans
portation charge on this coal was
below the published rates and
constituted an unjust preference
of one shippei over other ship
pers of the same commodity.
The decision provides that a
railroad company, even though
-it produce or buy the commodity,
must stand on an equality, in
charges for transportation, with
other producers and vendors of
&he -same commodity.
This decision gives a body-
iblow to those railroad companies
?that in the coal regions of Penn
:sylrania and West Virginia,
either own and operate extensive
coaS .mines, or buy and sell large
quantities of coal, whether they
do sg directly or through subsid
Sary companies.
The railroad company cannot
mow jrive a purchaser of coal
jprodceed by the company a more
"favorable rate of transportation
rbhan. it must give though the coal
be purchased from an independ-
ent producer.
This decision will probably
convince such railroad companies
Jthat &fter all they are common
carriers rather than special car
riers ef their own products.
But such has been the facility
of concealment on part of these
companies that it would be diffi
cult to obtain enforcement of this
-decision were-it not ' for another
decision rendered a few days
.-subsequently in a wholly differ
ent case.
The case is that of an officer of
one of the companies in the To
bacco Trust who refused to pro
duce books and to answer ques
tions before a grand jury al
though properly subpoenaed. He
refused to answer because there
were no specific charges against
:any person, and because his
answers might incriminate him
self. He was committed for con
tempt and his case appealed to
tthe supreme court. Here it was
promptly decided that "The
Tight of a person to incriminate
himself is purely a personal
privilege ot the witness. The
individual may stand upon his
rights as a citizen, but the cor
poration is a creature of the
state. It is presumably incor
porate for the benefit of the
public, and its powers are limited
hy law."
This decision means that cor
porations must conduct their
business in the light of day. Re
cords showing the special rate,
the secret rebate, the unlawful
contract, must, on demand, be
produced 'in court and there explained.
Ii is time. For long this plea
of constitutional immunity has
been grossly abused. This de
cision brings it back to its orig
inal scope and purpose.
These two decisions show that
there is no purpose on part of the
supreme court to interpret the
purer, abler and more courageous
judicial body anywhere among
the nations than the United
States Supreme Court. Safely
may our people rely upon it for
Section 2, Article 3 of the con
stitution of. the United States
sets out the judicial power of the
court and enumerates the causes
over which it has original juris
diction. It also provides for ap
pellate jurisdiction both as to
law and fact with such except
ions and under such regulations
as the congress shall make."
This enables congress to say
what cases arid in manner actions
in the inferior courts may be
brought, on appeal, before the
supreme court.
The power and jurisdiction of
these inferior courts are given to
them by congress in laws which
prescribe the class of causes over
which' 'they shall have original
and appellate jurisdiction.
It has been supposed by many
that because of this, congres"
might take away the injunction
al power of these courts. When
it is remembered that the power
to enjoin is not a power confer
red by legislative enactment, - but
is inherent to the very nature of
a court, it becomes plain that the
legislature cannot take it away.
Possibly congress might do
something to prevent the abuse
of the power, but it is more pro
bable it will be permitted to rest
where it always has rested -in
the discretion of the judges.
Proceedings by injunction have
not unfrequently preserved pub
lie rights from irreparable wrong
when no other method could have
done so.
: It seldom occurs that men are
enjoined from doing right.
Sunday's, Concert.
The tow n band is to appear in another
popular open-air concert fcunday afiet
uoou. The hours are fro-n 2 to 5, and
ihe plaire will be the court house lan.
A,ooncert will also he given on Main
street Saturday afternoon, for the bem
nt of the country resi.ieuu who are in
ihe city for the usual Saturday trading.
The band boys are Jsoon to appear in
while uniforms and concerts will be
given regularly each Saturday anJ Sun
Jay afternoon. v
At Sunday 'a concert everybolvis ir
vited to come and eijoy tlu iollowiisjj
excellent munioal prosji&m :
1. Ma-'-h, Triuaij h int America,''
' .' Losey
?. Sek. lioj., "Kiny !) Do."....Lude s
Twostep, "Yankiana," Lofinu
Flower Soiijr. "Hearts and Flow-
ers," Tobnui
Waltzes, "Kansona. ' Anthony
Characteristic, ' ThL'Zfird and
the Irog," Moife
Twos'rep, "Moonlight." Moret
Overt me, "Enchainment.". Herman
Intemuzzo, -"Flviug Arrow,"
"Lovc8 0!d Sweet Sns," Molloi
March, "El Caji'ari," touea
Slur Spauijled Banner.
orations, as
law in favor 'of 'o
is so frequently
The court does no
to declare a law unconstitutional.
It never decides this unless the
question is brought before it for
v The truth is that there is not a
When a boiler
explodes carry
ing death and
destruction with
t, every body
says "Why: wo
thought It was
stronr finoiich
It must have
nad a weak spot
When a man
who has the out
ward appearance
of hows sound and strong
suddenly falls a prey to
disease, his friends ex
claim: "why we thought
h r wic nil i .
, , niiiL must
nave had a weak- spot somewhere."
The fact is. almost everybody has a
weak spot somewhere. Death and dis
ease always looking for weak spots.
If your stomach or your liver won't do
its proper work, if vour body fails to
get its full nourishment from the food
you eat. and your brain loses part of the
sleep it ought to have, no matter how bi
your frame and muscular vour limbs mny
be, you will give out; disease will find the
weak spot, and nature will give way.
"Three years ago this spring I was at
tacked with severe dvs?isin Tn-iruc 'r.
W. A. Cain, of 4H West .Madison St.. Hast
ings, Mich. "Was treated by five different
doctors, but kept grettins worse until I was
afraid to gro to the table to eat, as the leat
little thme I ate distressed me so 1 could
liiriUy stand it. After suffering for nearly
a year and falling off in weight from 126
pounds to 109 pounds I commenced taking
"Golden Medical Discovery.' Before 1 had
taken all of one bottle 1 began to feel relief
but kept on until I had taken eight bottles!
and now I am as well as ever, can eat any
thing I want, and I feel good. Am weighing
130 pounds and feel fine all the time. My
friends were surprised to notice such a quick
change in me after stoin m nff..f
j Several said they never expected to see me
i get well. I have not bad to take any medi-
cmo for stomach trouble since. I cannot sav
i enough in praise of your -'Golden Medical
make haste! This glorious "Discovers p-ima ,
stomach and liver power to do their nat
ural work resularlv and oomnlntiT r
L makes healthy blood and steady nerves.
in ueips mo weas spots, making them
sound and strong.
! Dr. Pierce's Pleasant Pellets should ba
: used with "Golden Medical Discover
whenever a laxative 13 required.
Young 7e tf's
Stein & Co.
We can't di
rectly influ
ence the
opinions of
about your
words, your
acts or your
but we can
make them
speak well
of your
Pointers on
Remember we are going out of the Ready
to Wear clothing Every suit in the house
a bargain
The call is going up from every self-respecting town and,
city on this western seaboard for clean, moral city erovern
ment and for clean streets and alleys,' which will stand as an
outward and visible sign of the inward and moral conditions
so much to be desired and worked for. That there may be
civic betterment in this, our own town, the citizens must
evince an interest by joining the city improvement club, or
else organize others in the south, north, east and west of
our town to co-operate with this central club, and then at
tend these organizations in their monthly meetings and put
forth every effort for the making of a clean and- beautiful
city. From tho standpoint of health a clean city is most
essential; as a lesson in cleanliness it is of untold value both
to the growing young- of our own town and to the hundreds
of youth who yearly attend our college. "
Wuh the coming of warm weather what clouds of dust
are going -to rise up in witness against us, if we do not put
forth some effort toward the better gravelin g and watering
of our street?.
Let us have stopped this wholesale defacing of our town
with the merits of some new soap or tobacco. In Chicago
the public spirited citizTens have refused to trade with mer
chants who deface their city by placing signs on the streets,
and have greatly reduced this nuisance.
What shall we do with the paper rubbish usually thrown
by the road side or into vacant lots?
Come out and meet with us Friday evening, of this week,
April 20th, at 7:30, County Court Room, and help us to solve
these and many other problems which concern us individually
and collectively.
Suits Against City.
Two suits against the City of Corvallis,
the mayor, police judge, members of the
city council, also members of the Corval
lis Water Board were filed, Tuesday, lo
restrain the city from diverting water
from Rock Creek. The suits are brought
bv Dr. G. R. Farra, of this city, and J. E.
Henkle of Philomath, the former on ac
count of owning a mill on Greasy and the
latter for the reason that he has operated
a mill on Rock Creek for many years and
the c'aim is that the water the city seek:
to appropriate is an injury to their busi
ness. v
At a meeting- of the Water Board re
cently, Mr. Hcakle is reported to nave
offered to accept $2 500 in settlement of
his claim. Various offers are reported
have been made by Dr. Farra iu the way
of selling the present city water plant, of
which he is owaer, and in settlement of
his claim for water right. According to
the latest reoorts he is stated to have
offered to accept $10,000 for the city
plaut June 1st, or S,ooo August 1st.
This was to include an immediate cash
payment of $3,000, but the city being
without money to enter into such a con
tract the negotiations were unavailing
and a suit has resulted.
Judge Harris did net see fit to grant a
temporary injunction until he had heard
both sides of the case and a hearing of
the matter has been set for May 10. It
is likely that following this hearing the
matter will again come into court for ad
iudication at the adjourned term of the
circuit court in tune.
The city affairs will be looked after by'
Attorneys E. R. Bryson an.i E. E. Wil
son, while Dr. Farra will be represented
by Attorneys J. K. Weatherford, J. R.
Wyatt, M. L. pipes and W. E. Yates.
Mr. Henkle will bej-epresented by M. L.
Pipes and Weatherford & Wya't.
Just what the hoard has decided to do in
the way of continuing work is not known
but it is probable that construction will
; i x v -x 5js"v - , , . x . x t j -j
x x.-A Vxx xx J, -v fxx.xt.n I
V x ' -
- x ,v N,xx J
s x x-A . C
A Slight Ccrrection.
Editor Gazette: Id the last
issue'of your paper your Belle
fountain correspondent stated
that the Lndies Aid ot that place
were pieparing to play "Aunt
Jerusha's Qailtino; Paity," the
proceeds to be used to finish pav
ing for a beil for the cfcurcb. I
would Lke for you to correct a
mistake wHch he made.
We ordered our church bell a
few davs ago and had sufficient
money in the treasury to pay for
it. We will play ("Aunt Jerusha's
Quilting Party" at the Grange
Hall at Bellefountain on the
night of the 27::h. The proceeds
from the play are lo be applied j
on the church buildingr.
Mary M. Starr, 1
Pres. Ladies' Aid.
Republican Candidate for United States Senator.
Jonathan Bourne, Jr., candidate before the Republican primaries for the nomi
nation of United States Senator in Congress, for the long term commencing March
4, 1907, was born in New Bedford, Mass., February 23, 1855; was a member of the
class of 1877 at Harvard University; came to Portland jMay 16, 1878; was a Republi
can member of the Oregon Legislature in the session of 18S5 and the extra session
of!8S6; was one of Oregon's delegates to the Republican National Convention of
1888 and Oregon s member ot the Republican National Committee from 1888 lo 1892,
and a delegate to tue Republican National Convention of 1892; and was elected as
a Mitchell Republican to the Oregon Legislature in 1896. "" 'SL
Mr. Bourne has been more prominently identified with the development of the'
mineral resources of Oregon than any other man in the state, having expended in
the last 20 years over $1,000,000 of his own money in the acquisition and develop
ment of Oregon mines.
While Mr. Bourne has had his residence and main office at Portland since
1878,, he has had another office at New Bedford, Mass., and has carried On the busi
ness of his father's estate since 1889, which makes him familiar with many of the
large interests and leading men in the East. These qualifications, in conjunction
with his tremendous energy, originality, executive ability and experience in busi
ness and political affairs pre-eminently qualify him for making an aole and influ
ential Senator for the state of Oregon.
Mr. Bourne has always favored extending the direct power of the people over
their government as tar as possible. He was one of the leading spirits in the
Initiative and Referendum movement from 1896 until it was approved by the
voters at the June election in 1902. In 1904 he was a member of the executive
committee of the Direct Primary Nominations League, and holds the same position
with the People's Power League at this time. In a.i these movements he has been
one of the few to guarantee the necessary expenses of preparing and proposing
their measures to the people.
He fays that the choice of United States Senator should be by direct vote of
the people, and that the Legislature should be compelled to .elect the man the
people select. To accomplish this result, he is championing Statement No. 1 of the
primary election law as the only method bv which public opinion may be crystal
lized and made effective upon the Legislature.
In his petition for nomination he says :
"II I am nominated ana elected i wiu, during my term 01
office, favor:
Republican Politics.
Amending National Constitution for People's Election of
United States Senatorsi'
Publicity Political Campaign Expenses.
National ontrol of Corporations in Interstate Commerce.
Ri d Exclusion of Asiatic Coolie Labor; Good Wages Make
Good Citizens. -
Legal Limitation Labor Hours for Safety on Railroads.
Parcels Post, Including Rural Delivery.
Pure Food Laws.
Liberal Appropriations for Panama Canal, Coast Defenses,
River and Harbor Improvements. Including Columbia -and
Willamette Rivers, Coos, Yaquina and Other Oregon
Harbors, Celilo. Canal, Government Canal at Oregon City.
Fair Share of Irrigation Fund for Oregon.
Loyal Support of Successful Candidates.
Rigid Enforcement of Statement One.
Roosevelt for Second Elective Term.
1 desire the following statement be printed alter my
name on the nominating ballot:
From old ir grain or brussels carpets or
chenille curtains, any shape. From 12
inches to II feet wide, and as long as
wanted. First-class workmanship and
and prompt service are guaranteed,
Write today for further particulars.
320, E. 1st St. ALBANY, ORE
Have a tortid liver when Herbine the
only liver regulator will help you?
There is no reason why vou should suf
fer from dyspepsia, consumption, chills
and fver or any liver complaints, when
Herbine will cure you. E. C. Waite,
Westville, F!a., writes: "I was Bick for
a month with chills and fever, and after
taking two bottle3 of Herbine am well
K288 . PQTACHE 064
Will make the f-eason of 190G at Abbot's
barn, Corvallis, Oregon.
Polache was winner of let prize at the
St. Louis fair, 1st at American Eoyal
Live Stock Show, at Kansas, City ; In-
ternational Live Stock Show, Kancas,
and at the Government Show in France,
1904. Terms, $25 to ins are. Mares from
a distance will be furnit-hed first.claes
T. K. FAWCETT, Owner
Devil's Island Torture.
Vote for J.
ty recorder.
W. Crawford lor cout-
and health v."
Sold by Graham &
W. C. Hawley is a Benton county
boy vote for him for congresflrc jn.
Vot for
"J. W. CravJord for coaaty rc-
Is no worse than the terrible caee of
piles that afflicted me ten veais. Then
I was advised to a, .ply Bucklin's Arnica
Salve, and less than a box permanently
cured me, writes L. S. Napier, of Lugles,
Ky. Heals all burns, wounds, and eores
like magic. 25c at Allen & Woodward
For Portland and way points, leaves
Corvallis Monday, Wednesday and Fri
day at 6 a. m. T Albany 7 a. to. . Fare to
Portland, $1.75; round trip t3,0O. ! -lOStf
. II. A. HUFFMAN, Agt.