Count
r Clerk X
l i ft-
- -IV
. VOL XLV.
CORVAUIS, ..BENTON COCNTT, OEEGOK, FEIIIAT, NOV. 20, 1908.
NO. 96.
V
SUIT INVOLVES
STATE STATUTES
Initiative and Refer
endum Questioned.
MANY LAWS IN JEOPARDY
United States Supreme Court
Decision Will Affect Legis
Jatiye Acts of 1903 and '05.
It was learned today that the
' suit now pending" in : the courts
lor . the purpose of testing' the
validity of the initiative and
referendum , amendment , to the
constitution involves the validity
riot only of all the ( proceedings
under that amendment, but all
' acts of the' Legislature of 1903
and 1905, as well. " , . .
One purpose of the suit is to
have the initiative and referen
dum declared void because it is
alleged to be in violation of that
section of the United , States
, Constitution which guarantees
every state a representative form
of government. It has been
generally assumed that if it
should be declared void such a
decision would carry with it
Only those laws and amend
ments which have been proposed
by initiative: But if, the initia
tive and referendum amend
ment is void not a single act of
the Legislatures of 1903 and
1905 is valid, because not one
has an enacting clause, in ac
cordance with the constitutional
requirements. j
Before the initiative amend
ment was adopted the constitu
tion required that the style of all
bills shall be, "Be it enacted by
the Legislative Assembly, of the
State of Oregon." The Supreme
Court has held that, an act is
void without that enacting clause.
The initiative amendment pro
vided that the style of every bill
shall be, "Be it enacted by the
people of the State of Oregon."
In order to .be on the safe side,
the Legislature of 1901 put both
enacting clauses on every bill.
The Legislatures of 1903 and
1905 used only the enacting
clause provided by the initiative
amendment, but if the amend
ment is void there is no authori
ty for the us of such an enact
ing clause, and the old require
ment is still in force. Since the
acts do not contain the old en
acting clause it is asserted that
they would be void if the initia
tive and referendum amendment
is void.
The State Supreme Court has
already declared the amendment
valid but the case now pending,
that of the State vs. the Pacific
States Telephone & Telegraph
Company, was, framed for the
purpose of presenting the United
States Supreme Court the ques
tion of validity of the Oregon
. scheme of direct legislation and
the case will - be taken to that
tribunal. Many lawyers think
it probable that' the United
States Supreme Court will put
its disapproval upon this varia
tion from representative govern
ment. It is possible, of course,
that the United States Supreme
Court might declare - all of the
initiative and referendum amend
ments valid except the single
sentence -'which- prescribes the
form, of enacting clause, but as
this is part of the ' provision Tor
legislation by the people, doubt
is expressed whether this one
sentence would stand and all the
other provisions fall. 7 1
NOYEMBhR WEDDING
Celebrated at Hin Noon Yes
terday. .
An interesting wedding was
celebrated yesterday at high
noon at the home of Mr. and
Mrs. Emery Allen on South 3rd
street, when their daughter, Miss
Edna, and Charles Shenefield
were united in marriage.
The room's were handsomely.
decorated for the occasion, Rev.
Evan P. Hughes, of the Congre
gational church being the offi
ciating clergyman.-! H ,
- The bride was handsomely at
tired in robe of white, with veil,
and the groom wore the conven
tional black. The young couple!
entered toe room," Unattended,
the wedding march being played
by Miss McBee. 4 ? . A.
Ihe punch bowl was attended
by Mrs Berchtold," which' was
followed by a delicious wedding
dinner. '
Many invited guests were pres
ent from this cityVand the fol
lowing were guests from other
places : Miss Mma Smith and
Miss Blege, Miss Johnson, A; W.
Allen and wife Eld ridge "Kuis-
enga and wife and W. N. Shen
efield. and Miss Rena Berry all
of Portland; Mrs. Hammel and
daughter, Blanche, of Albany,
H. M. Brunk of Salem and Mr.
A. H. Allen, of Charlottville,
Michigan.
Many beautiful and costly
presents , were plainly visible
thus showing they had been
kindlyremeiabered by their host
of friends. . The ' happy couple
took the evening train for Port
land. The bride is one of Corvallis'
best known girls, having spent
her entire life in this city, and
is one of her sweetest singers.
She has made many friends who
will wish her all ot the joys and
pleasures of wedded life.
We have watched the growth ;
and development of Charley
Shenefield ' and although, sur
rounded by adverse circumstan
ces, vet by his indomitable grit
and will power he won his way
in the business world. With
the same determination he has
pursued the object of his affec
tion crushing under foot many
a tender blade of grass at the
Allen homestead during the past
three or four years. Many a
moonlight night has been spent
on Marys's River Bridge yet dur
ing all this time cupid was play
ing sweet music on his heart
strings and at last the victory is
won. May the sweet-winged
messenger of peace and happi
ness hover over their wedded
life. .
To Withdraw Tract of Land.
The General Land Office has
decided to withdraw on January
20, laoy, yi,500 acres from the
Umpqua Forest Reserve. This
embraces " some of the finest
dairying, fruit aud timber lands
in Oregon, being located in Coos
and Western Lane and Douglas
counties."' ' ' ' -
The dairying- and fruit lands
will be subject to the Homestead
Act only, but the timber lands
will be taken up under the tim-.
b'er and stone law.
One of the peculiar features of
this opening " is that t squatters
rights will be recognized. After
December 21st, persons may set
tle on the land and prepare to
make it their home. The rights
of such squatters r will be recog
nized as prioir to- those . who file
on January 20th. -
It is expected that there will
be a great rush for these lands,
owing to the fact that similar
land in that section is . held at
from $50 to $300 per acre.-: The
proposed railroad from Drain to
Marshneld runs directly through
the center of this tract which
will be thrown open ; ,
WILLAMETTE
RIVER
TITLE TO BANKS VESTED IN THE'STATE
State Has Right to Improve This High wslj
f For Tne Purpose of Navigation.
Important Court Decision.
Holding that the Willamette
River is "a public',"- navigable
stream, a public .highway, .the
title'- to' the bed and k banks of
which . is in the state for the
benefit of the public, the Su
preme Court, in an opinion writ
ten by - Justice Eakin Tuesday
morning,' denied ' the petition of
the Portland General Electric
Company for a rehearing of the
case in which it lost to the state
in its appeal to the Appellate
Court,, which had reversed the
decree of the Circuit Court for
Multnomah county, authorized
the collection of the staters 10
per cent portion of the net tolls
collected upon traffic through
the Oregon City locks by virtue
of the act of Legislature of 1870.
The company, in its petition
for, a rehearing, raised the ques
tion that the court was not justi
fied in holding that the act of
1870 authorized the construction
oTthe Idckrfdg&v&tBof ity
to operate them and collect tolls
thereon, and that the first com
pany did not have these powers
OAtV J-HiHT FOR i BIG GAME.
CorYallis Will Send a Large
Delegation. Hard . Game.
Everything, seems to be pro
gressing in fine shape at the Q AC
athletic, field, Coach Ndrcross
will : spare no pains to make the
contest exceedingly interesting
for the TJ. of O., and in order to
satisfy himself as to the perfect
condition of his' great football
machine the boys will pass a
final grand , review under the
criticism of Steckle, Smithson,
Pilkington and ' Dow1 Walker.
The boys, realize that U. of O.
will make a desperate effort to
regain lost laurels and hence are
wisely guarding every possible
emergency. The people f Eu
gene will back their team as
never before and express great
faith in the outcome of the con
test. '
It is said forty ears have been
secured to carry the crowd and
that two thousand Corvallis cit
izens will witness the game. The
cars 'will be profusely decorated
with bunting and penants. Plans
for a big parade from the train
to the athletic . field" are being
promulgated and the boys will
perform many interesting little
stunts to make things lively.
The big game of football on
the Multnomah field will draw
the largest crowd that ever as
sembled to witness athletic sport
and the game be the most inter
esting from various standpoints.
Great pride is manifested in the
success of OAC by the citizens of
Corvallis and -the trains on Sat
urday will present a gorgeous
display of black and orange the
black, perhaps; being indicative
of the drubbing in store for U.
oi O. oh this occasion. - Rooters
galore will lend'enchantmeut to
the scene and the citizen of Cor
vallis who stays at home on that
day will- feertainly -ie a - mighty
lonesome dock." If the2- Philo
math- -burglars-should - make a
raid oh that day they could clean
every business house in the town
without any trouble.
Subscribe for (ihe Gazette.
PUBLIC
NAVIGABLE STREAM
s jl- v.-1 .
and rights by virtue of its arti
cles of incorporation.: .-. . ,
"The state has the right to
improve this high Way' says the1
court, in passing upon the pbintj
"lor the purpose of navigation
It may do this itself, or it may
delegate to another the Authority
to do so, but without this (dele
gated : authority from the state
no company -can acquire ' the
right by filing articles of lncor
poration, either to improve it or
to collect tolls, even when such
a purpose is specified in the ar
ticles." VI i "' ' -V
i The opinion of the court auth
orized the - collection of 10 per
cent ofthe receipts from tolls of
the Oregon City Locks, dating
back from a period of six years
from 1906,: and amounting to
several thousand dollars. The
records have not been produced
in court. The case goes back
for retrial upon the action of the
iriai couri in sustaining me ae
fendant company's demurrer to
the complaint. -
MARRIED MONDAY.
Harrington-Swann Nuptials
- Celebrated, -
A ripple of surprise p&ssed
through Coryallis circles Mon
day evening, when the news
went the rounds that Claude V.
Swann, the old star on ; the bas
ketball team" at OAC,' had been
married that afternoon and had
left with his bride on the eve
ning train for Ashland, where
the young couple will reside.
" At 3 o'clock Monday afternoon
at the home of the bride s par
ents on Fifth and Van Buren
streets, Miss Myrtle E. Harring
ton was united in marriage to
Glaude V. Swann, Rev. D. H.
Leech, of the Methodist church,
performing the ceremony. The
wedding was very quiet and was
witnessed by only the.immediate
relatives of the happy couple
Mr. and Mrs. Swann left on the
evening train for Ashland, where
the former has been secured to
eoach the basketball team of the
Ashland State Normal the com
ing season. So quietly were all
particulars carried out' and the
necessary arrangements made,
cnat not tne slightest suspicion
dawned in the minds of their
most intimate friends..
The bride is the daughter of
Mr. and Mrs., E. J. Harrington,
old and respected residents of
this city, and is an estimable
and charming young lady. She
is a graduate of the Oregon Ag-
gricultural College-"bud was for
several years a most successful
member on the girls' basketball
team.T1 - The groom vis the only
son of Mr. and Mrs. W. u.owann,
numbered among Corvallis' best
citizens, and 13 :'a 'young man of
Worth., He is also an OAC graduate-
arid : her greatest basketball
player "and "figured as coach 'of
the famous Alaska basketball
team -waicit-tout ed the United
States last season; " He was also
a m ember otOACsathletic teanv
' Both bride and groom have a
faost'of friends in this city who
wish them all happiness and
success in the hew role of hus
band and wie. ';
NORTH CHANNEL IS LINE
Sand Island Is Giyen to Ore
gon After Long Contest.
Sand Island, with its surround
ing fishing grounds at the mouth
of. the Columbia . River, lies in
Oregon and the Oregon-Wash
ington boundary remains in the
old north channel, where it was
established ' when- Oregon ' was
admitted to the Union.'-' This is
the decision of the United States
Supreme" Court;' handed down by
Justice Brewer today, and affirms
the ., contention of Oregon, as
presented by; Senator" . Fulton.
In his opinion Justice - Brewer
savs:. ... . ':. , ., . . -;
"The northern boundary of
"the state of Oregon was "estab
lished prior 'to that of Washing
ton3 and:' it 'is 'not" within' ' the
power of tbe " National Govern
ment to change that boundary
without the consent of Oregon.
The same ' description of the
boundary is found in the act ad
mitting Oregon; and in the con
stitution of, Washington, under
which that state was admitted.
In that description the middle
of the No'rth Channel was named.
There was at that time two chan
nels,' aind the' northerly one ran
north of Sand Island. - That the
channel north of Sand Island
was', the one intended as the
boundary between Oregon and
the territory north of it is made
more clear by that fact.
On October 21, 1864, Oregon
passed ; an act 'granting to the
United States all right and in
terest -of the State .of Oregon in
and to the land in front of Fort
Stevens and Point Adams in
this state, and also to Sand Is
land, situated in the mouth of
the Columbia River in this state.'
This act passed shortly after the
admission of Oregon, indicates
an understanding between Ore
gon and the United States that
the boundary was' through the
channel north of Sand Island.
It is a recognition of Oregon's
title to that island, and accept
ance by the United Ste.tes of the
grant from that state. The courts
have ho power to change the
boundary as prescribed in the
act admitting Oregon, and es
tablish it at the middle of some
other 'channel.
" "That remains the boundary,
although some other channel
may in course af time become
so far superior as to be practical
ly the only channel for vessels
going in or out of the river. The
middle of the north ship chan
nel may vary through process of
accretion; it may narrow, may
become more shallow, and yet
the middle of that . channel will
remain the boundary. When in
a great river like the Columbia
there are two substantial chan
nels, and the proper authorities
have named the center of one
channel as the boundary between
the states, the boundary thus
prescribed remains the boundary-
subject to changes in it,
which come by accretion, and
it is not moved to the other
channel, although the latter in
the course of years becomes the
most important and is properly
called the mairf channel. Our
conclusion, therefore, is in favor
of Oregon, and the boundary re
mains the center of the north
channel.' : - ' ; ; ;
LETTER LIST
The following letters remain
uncalled for in the, Corvallis
pbstoffice' fdr ther week' ending
Nov. 14, '08:
- Miss G Doodle, ' Mrs. Mellett,
Huston Mulkey, Miss Mabel Mc
Clary. " '
7 r . :- j B. W: Johjison, P M
V "; 'JyJ I- '- i-' :v
The big game between OAC
and U. of O. to beplayed on the
Multnomab-field at Poidand to
morrow, will be reported by the
Independent .Telephone Co. just
as it is played on the field."
MANY LARGE
APPROPRIATIONS
Big- Sums Required
for State Purposes. .
0. A. C. TO BE ENLARGED
Reports Will RecJmmend over
$3,000,000 to meet Expenses
. ot State for Next two Years
"It seems altogether probable
that the appropriations for state
purposes for the biennial period
iyuy-lU will pass the $3,000,000
mark. Though only a few of
the state institutions and depart
ments have made their reports
recommending appropriations
for the ensuing two years it is
apparent that the increase in
population of the state and the
consequent increase in business
at 'state departments makes a
general increase necessary in al
most every item of expense.
The crowded condition' of the
State Insane Asylum and the
proportions that institution has
attained, makes it necessary that
a separate institution be provid
ed and it is generally believed
that ' an appropriation will be
made for a branch asylum some
where in Eastern Oregon. The
rapid increase in attendance at
the Agricultural College and the
certainty of a further increase .
in the future requires larger ap
propriations for that institution,
and as much will probably be
needed as is now appropriated
for the State University. The
new laws requiring circulation
of pamphlets in pursuance of the
corrupt practices act, -entails a '
heavy expense. -
At the State Capitol the de
partments are now crowded for
room and when this Legislature
meets, it will be difficult to pro
vide committee rooms. The
only solution for this difficulty
seems to be the purchase of a
small tract adjoining the Capitol
grbunds where a separate heat
ing station can be erected, with
room therein for the state print
ing office. "This would give room,
for some slight additional offices
in the Capitol.
There is a strong demand for
the creation of an insurance de
partment, a State Board of Con
trol and for the enactment of a
comprehensive water code withr.
a provision for state administra
tion. The state will be asked to
help build a home for the Ore
gon Historical Society.
. These items alone, in addition -to
the fixed current expenses of
the state, will " carry the total
past the $3,000,000 mark: There
is, also, a demand from Eastern.
Oregon that . scalp bounties1 be
restored. Agitation has been
strong for some time in favor of
state aid for public roadbuilding: -The
bill forerection of armories
by the state will probably be re
newed in another form, though
defeated by the people last June.
In some quarters there is an ar
gument in favor" vof an appro
priation' for purchase' of the
Oregon City locks by . the state
without waiting for 'government
aid. There will be renewal" of
the demand ' for ' a bureau of
mines. Out of all these projects
some r appropriations are quite
likely to be granted, the amount
of which cannot even be esti
mated;: t; j v:.i"i.j 'i'u ?v '
SJi For the " "benefit of those who
will not be able to attend r the
direct" returns ;df "th'e "big game
between OAC and Oregon will '
be given by the Independent
Telephone Co. Saturday.