TIIK OltKGON STATESMAN: FlilDAY APItlL, 2. 1886.
FROM TUESDAY'S DAILY.
Orkoon State Poultry Association.
Ah enthusiastic mooting o poultry men
was held at tho office of J. T. Gregg, In
this city, and the following were elected
officers of the association : President, A.
Warner, Oregon City ; first vice president,
K. C. JIawley, Salem ; second vice presi
dent, J. M. Garrison, Forest Grove: di
rectors; W. A. Howe, North Yamhill;
C. Nairn, Ballston, Polk county; F. O.
Buoll, CorvalliH, .Benton county; S. V.
Gaines, Scio, Linn county; G. 1). Good
hue, Salem, Marion county; W.W.Ba
ker, and N. L. Curry, Portland socretii
ry, .1. T. Gregg, Halem; treasurer, A.
Bush, Sulem.
A BKttuiE in Fact. It seems that the
hridgen of the Willamette at Salem is a
foregoing concluBion, and preliminary
steps are lioing taken looking to the com
pletion of that enterprise. The amount
of travel across the river at that point no
doubt justifies the outlay that a bridge
would cost, anil this travel will bo doub
led and nrobably trebled whon a bridge
spans the river at that point. Ferries
cannot always le dejiended upon, us
illustrated by the one that crosses the
river at Albany, which has been disabled
for nearly two weeks, causing great in
convenience to the traveling punnc,
(Albany Bulletin.
A Fokoottkn Boy. In one of the pub
lie schools, a few davs ago, the teacher
locked a boy pupil in the wardrolie closet
for some misdemeanor. The pupil was
detained after school hours for noi know
ing his lessons perfectly and for turning
around and whispering to another puil
no was consumed to mo ciosei. ure
class was dismissed and tho teacher re-
turned home, but, tho loy in the closet
was forotten. He would have spent the
mirht there but for the ton-sight ot u
pupil, who returned ostensibly to get a
book, but in reality to release his friend.
News.
An Indw-enhent Candidate. "Prof."
V. Garrigus, of Independence, announces
himself as an indqendeiit candidate for
"Stat school HUperentondent for the next
election the People of l'olk Co & Geti
neral" the professor thinks wants a man,
a lino "pnblick speekcr, and lecturer
and a fine Astronomer of the age" to vis
it the schools and"incuradgo education.''
The professor acknowledges that he is
not a graduate of Yale, but his "sigrp
tilliek and journalistjck" exerienoe, he
thinks, will wholly lit him for the duties
of the nflicu.
!' u tt:i to Death. Avery sad acci
dent, at Arlington, a few days ago, result
ed in the death of Mr. and Mrs. Wm. 15.
Brown's little girl. Mrs. Brown was
washing, and the children were playing
in the yard. The child's bonnet became
untied and the little one run into the
house to have it fastened ; and in some
manner, stumbled, falling inlo a pail of
water, scalding herself severely, from the
effects of which she has since died.
Finehal ok 8am Fahk At. The re
mains of Samuel Farrar were interred in
the Odd Fellow's cemetery Sunday and
were followed to the grave by a large
concourse of friends. The firemen turned
out in force to show honor to their do
ceased brother. The funeral ceremonies
took place at St. Paul's Episcopal church,
and were conducted by Rev. J. Taylor
Chamliers. They were very impressive.
Articles Filed. The Coast Mail print
ing and publishing company has filed ar
ticles of incorKjratin with the secretary
of state. Chas. N. Tower, J. T. MeCor
mac. and Andrew .1. Lockhart, are tlie
incorporators, and the principal ofli.-e is
at Marshheid. Capital stock fl-j'H) m
l.'iO shares.
Notarial. The governor has appoint
ed Win. Kaiser, of Halem, (ieo. B. Curry,
of Jacksonville, Leslie Powell, of Mitchell,
L. Kinc, of Ontario, J. Franke, of Luke-
view, J. H. Kroontz, of Echo, Paul K.
Deadv. S. B. Kiggen, and Eugene U
White, of lortland, as notaries public for
Oregon.
Thanks. Kind words from a good pa
ler art? alwavs appreciated. The Inde-
jiendence West Side says: "The Daily
Statesman was eighteen years old last
Sunday. The people of the capital city
should feel proud ot unit live represent
five of their interests."
Watch-charm Lost. Within the past
few days (I hardly know when) I have
lost a watch-charm. It is in lorm ot a
shield, with three links on one side, and
1 think inv initials and tiie year it was
uresented to me, on the other. I will pay
a reasonable reward for its return to me.
E. M. Waite.
"Captain of Pouch." Yesterday caj
tain James E. Moafl was tho .recipient
of a "bran new" silver star liearing the
words "Captain of Police" from his fel
low officers. The star is a line one and
the Captain appreciates it highly.
Went to Arlington. A. II. Cornell
and Charles Pariuenter went to Arlington
yesterday to work on a large w are house
for Gov. Moody and son. Mr. Cornell
was accompanied by his wife.
A N'knvs Item. The Taeotmi, W. T. ,
ledger, gives tliis as an item of news:
"Washington territory has not yet been
admitted into the union it a state."
I.Mi'itoviNt;. The many friends of Isaac
J. Price, of Turner, will be pleased to
leant that ho is improving. He is a bro
ther of II. II. Price, of this city.
'' ' """ i 'i
W. C. T. C r.im.i: Ui.AiH.so. At the
regular seini-anuual meeting this uiter
ntsm, at L'::!, o'clock, thero will be a bi
ble reading on the subject, of strong drink,
to which any one interested is invited.
iMMK.KA.vrH, '-'i';4 immigrant ; aimed
in Port land ycsti'rdr.y by -the.' overland
trains, thii being the hugevi. arrival for
some time. . .
Settled. Tho case
of !:'.. M. J .afore
against t '. 1 1- .uonrot
aid's. court, hits been
, in Juntice O'Doii-disuiissed..
STATE FIREMEN'S TOURNAMENT.
A (Jala Season f Two- Weeks for Sa
lem in September Kucour
i aging Prospects.
From Messrs. Hodgkin and Whoeler,
who returned yesterday from Portland, it
is learned that tho board of directors of
the Firemen's association of Oregon met
at tho St. Charles hotel on Saturday last,
Messrs. Worsley, Trenehard, Hoffman,
ami Sanctuary being in attendance, in
addition to the delegates from the fire
department of this city. The main ob
ject of tho meeting was to set the time
for holding the next meeting of the asso
ciation and tournament. For obvioua
reasons, tho firemen of Salem were par
ticularly desirous of holding tho meeting
in June or July, and their delegates used
all honorable means and arguments at
their disposal to induce their colleagues
to accede to the wishes of our local fire
men. Tho Astoria delegates were none
tho less desirous of holding tho meeting
later, aB the months named are tho busi
est of their fishing season, and they
would find it utterly imjiossible to send
competing teams of to bring with thorn
their friends in any considerable number,
if held at that time. Their statements
were backed by series of resolutions
adopted by the various fire companies
and the board q fire delegates ; and well
known citizens, including Hon. Frank J.
Taylor, circuit judge, Hon. C. W. Fulton,
Capt. J. II. D. Cray, L. E. Selig, and
others, urged upon the board the import
ance of tho selection of a later date.
Thov all insisted upon the impossibility
of Astoria firemen tieing in attendance
during the fishing season, and, as a large
number had signified their desire to lie
present, they urged for the selection of a
date wfien they would be awe to do so.
President Woi-slev assured the Salem
defoliates that MINI Astonans, acoompa-
nied bv a brass hand, might safely le
counted as visitors. The Seattle team
had also written him that they could and
would bo present at the tournament if
held in (September, in snore, so urgent
was their apjieal that it was plain to be
seen that the real interests of the asso
ciation warranted a later date, and it was
so decided by a vote of four to two. Our
Salem delegation, seeing that it was iin
I lOMsiblc to secure, the date desired, then
suggested th Hth, !Hh, and 10th of Sep
temlier, bringing it the ' Wednesday,
Thursday and Friday liefore the state fair,
and thus enable visitors to take in the
tournament and remain over forfair week,
which of course the majority of them will
do, and thus aid both enterprises and
jive us a gala season of two weens in
stead of one. The only great objection
to tho date decided upon is the iiossi
bility of rain. This, however, is a risk
that must lie run, lie the date what it
might. Our five-laddies were at first
irterlv ciisapisiirited, but ot course itieir
better judgment will prevail, and they
will at once sec that the Salem delega
tion did what thev deemed for the liest
interest of all parties concerned ; and let
us, as the hoot, fuel that the concession
was, after all, the best thing that could
lie done under the circumstances, and
one and all lay aside any disappoint
ments that may exist, ami unite in mak
ing the tournament of 1KH6 a grand and
complete success. Seattle, Walla Walla,
Pendleton, Vancouver, East Portland,
Lebanon, and Corvallis will undoubtedly
unite with the association this year.
Jacksonville hasnlready knocked at the
door for admission, and every thing in
dicates that this year's tournament will
excel in every detail that interests vol
unteer firemen. The Astoria ladies- nave
already under way a ' magnificent silk
banner, which will be rewarded as a
prize in the New York contest, and east
em manufacturers have signified a will
ingness to offer some extra inducements
in the wav of championship prizes.
There is much to be done by our local
committees, and thev should have the
enthusiastic support of all who feel an in
terest in our fire department, as united ef
fort alone will insure success.
North Salem Primaries. Tue Repub
lican primaries will be held in North Ba-
leiu precinct, on Saturday, April 3rd, at
Lincoln ade's old store, ine pnmary
polls will be oiien from VI ui., to 4 p. m
Judges, Jas. McCorruick, A. M. Clongh
and Mr. Matthews; clerks, L. Kaiser, P.
Masey. By order F. R. Lynch, commit
teeman.
"OiKiANiziNG.' Jacob Tichenor, "or
ganising secretary" of the "prohibition
oartv. " went to Jefferson yesterday. If
lie finds any one to "organise" in Jeffer
son, he will do better than any one who
has gone t.hore before him.
We call attention to advcrusinent m
our columns of Calm, Nickelsburg & Co.,
the loadinjr boot and shoe manufacturers
on tlie Pacific coast. Thev give work to
several hundred (leoplo and employ ;ou!y
white labor, v
Coskkkenck. The annual conference
of tho Evangelical church is to lie held in
this city. It begins on the 4th of June.
Bishop Dubs, of Cleveland, Ohio, will
preside.
Improvements. Workmen have tie-
liiin work on a now residence for Prof. S,
M, Parvin, on the corner of Chenieketa
and Capital streets.
Sick. 1. I). Prettyman, tho veteran
nurseryman, has been quite sick for sev
eral weeks, at his residence on Center
street.
Personal. P. F. Clash, of Zona, Polk
county, was in the capital city yesterday,
mid did not forgot the Statesman office.
ADDl.' ESSEl) TIIE WItONO MAX.
A millionaire railroad king has a
brother quite hard of hearing, while he
himself is known as having a very prom
inent no.-:o. Once ho wont to New York
and dins'd i:t a friend's house, where lie
.-.it between two j-ouiig ladies. The la
dies talked to him very loudly, and rath
er to his annoyance ; but he said nothing.
Finally un- of them yelled a common
place ronv.irk :it him, mid then ssid in an
ordinary tun-.- to the other ; "Did you ev
er see si;c!i a imse in all your life?"
"Pardon me, ladies," said our million
aire, "it if in v brother who is deaf."
FliOM WEDNESDAY'S 'DAILY.
Rkmovino. Thos. Holman is removing
his fanning mill business from the wood
en building, corner Mate ami rroni
streets, to the "agricultural works"
building, which is now owned by him.
He will occupy the second and third
floors, and is fixing them up to be very
convenient to his business, lie has
plenty of power there, mid will lie pre
pared to turn out lots of work, which no
doubt ho will do, as his machinery is the
best manufactured. He has his agents
out all over the country now, and ex- '
peers to push his business. JUs enter
prise deserves success.
Steamer Toi-sy Sunk. Tho small
steamer Topsy, which plied on the Wil
lamette between this city and Corvallis
during the past winter, is rcjwirted sunk, ,
having gone down at the wharf at the
latter place, uur wicseu lmormaui,
states that tho disaster is supposed to
have been caused bv crawfish eating
holes in the bottom, the boat suffered a
slight boiler explosion some time since,
which probably did more serious damage
than was thought at the time, and no
doubt caused her to spring aleak. Alba
ny Herald.
Serious Accident. Reason McOon
nel, living between Albany and Browns
ville, met with a serious accident last Sat
urday, which will probably result in the
loss of an eye. A piece of steel flew
from a hammer which he was using,
striking him in the eye. The sharp frag
ment of steel penetrated the eye, causing
the aqueous humor to run out. A physi
cian was called, who succeeded in extract
ing a small piece of steel, but it is feared
that a larger piece remains in the ball of
tho eye, which will cause the sight to be
destroyed.
Likely a Bilk. A man callinghim
self F. M. Taylor, who has been in the
city for a few weeks, is most likely a bilk.
Any way, he went off without leaving his
future address, and forgot to pay his iioor
landlady the sum of futeen dollars which
he owed her for board. The curtain
wont down on his last appearance in Sa
lein on Monday. He also owes the Daily
Statesman route agent 30c, and Johnny
says he will get out a search warrant for
him it bo doesn t show up and pay, on
this notice.
One Strike Ended. The strike among
coal-miners on Puget Sound is coming to
an end. The Carbon Hill mines, at Car
bonado, Pierce countv, are the first to
offer to go ahead, and work will probably
lie resumed to-day. Hie force wul not
be so large as formerly, but the mine will
give employment to a good many men
Those with families will secure the hrst
places, and the unmarried men next, it
there is room for them.
Insane. Quite a row was raised in the
Taooma hotel, Taeoma, on Monday even
ing, by O. W. JoneB, of Portland, agent
for the Oregonian and the Columbia river
paper company, becoming violently in
sane. "Police orlieers were called, who
tried to arrest him, but he escaped, and
tip to 2 o clock yesterday morning lie had
not tieen found.
Funeral or Earle McCoy. The fun
eral services of little Earle McCoy oc
curred yesterday afternoon at tho family
residence, and were conducted by Kev.
E. J . Thompson. Earle was a member
of the infant department of the Presby
terian Sunday school.
Card of Thanks. Mr. and Mrs. C. I.
McCoy desire to express their sincerest
appreciation of and gratitude for service
of love and kindness rendered by the
many friends one and all during their
recent affliction and sorrow.
Will Filed. The last will and testa
ment of the late Andrew Kelly was filed
in the probate court yesterday. Col
Oeo. Williams was named as executor,
He leaves his property to his wife and
children. The court yesterday issued
letters of testamentary to Col. Williams
without bonds.
Aukora Borealis. The police officers
reported that the northern lights (Auro
ra Borealis) were seen on Monday night
in all their brilliancy. The lights ap
peared brightest at about 2 o'clock in the
morning. The reporter's informant said
unit he never saw a more brill tant color
in the northern sky.
How's This for School Ta.v? The
citizens of Central Point last Thursday
levied a 15 mill tax on the property i
that district for school purposes; 1
nulls is to go lor tiie building ot a new
school house and the balance forcarrying
on the school. Jacksonville rseptinel.
Photographed. Of the thirty-tw
young lady boarders, at present in the
Sacred Heart Academy, in this city, ten
are from Lane county ; and very fine peo-
tographs of tins group were taken
Mr. Sliuster's gallery last week.
Teachers' Institute. Prof. McElrov
is at Albany, attending an institute
the teachers of Linn county, which
now in session. The programme, as pul
lisliod in an Albany pajier, beeaks
very interesting institute.
At Calittta. From private letters
received in this city on Monday, it is
learned that Judge Bonhain arrived w ith
his family lit Calcutta on February 17.
They all stood the trip well, and arrived
there in good health.
Personal. Matt Townsend, of Port
land, is in the city visiting his brother,
Thos. Townsend, and friends. Malt is a
Marion count' boy, but has been making
Portland his home for some timo.
Notarial. The governor has upjioiiit
edD. If. Welch, of Astoria, Gilbert L.
King, of Baker City, and J. 11. Koontz,
of 1'k'hn, notaries public.
Dismissed. The case against Henry
Pul.-sky for threatening to kill A. D. Ash-
elman, lias boon dismissed in Justice
Coffey's court.
Wiii at. The Occident takes down 10o
tons of wheat from here to Portland to
The Cantata. The cntertafinmcnt by
ttfoTMmarffibnlfi "society St Reed's opera f
house last evening was. attended by a
good sized audience. Tho cantata, "Pil
grim Fathers," was rendered by tle so-
ictv, assisted by Prof. Hullock, ot kast
Portland, in an able and interesting man
ner, and was highly appreciated. The
solos at the opening and close of the in
terlude, by Prof. Bullock, deserve espee-
al mention; also the vocal solo, "tho
Wiating Hear-," by Miss Ihrilie Ptirrmh.
Miss Faimyra I.evy showed marked eili
ciency in getting good music out of the
piano, and Alfred Levy and his violin ie:(,
favorable impression upon tiieuudionoe.
Alfred is truly an artist, and if he keeps
glit on improving till be is "growed tip
the number of his equals will be small.
Sad News. David Holmes, son of the
late Hon. II. N. V. Holmes, lives up at
Wapinita, Wasco county. He has taken
the Weekly Statesman for vears and
ears. Ho writes to this paperi under
late of March 30th, and asks us to tell
him just how his father is, in the next is
suo of the Weekly. As he will see when
he receive his paper this week, bis father
had breathed his last four days before he
wrote us that letter, and his remains had
been laid away to their eternal rest for
two days. If tho Statesman has the
sad duty of first breaking this sorrowful
piece of news to the bereaved son, it of-
ers to him at the same time the sym
pathy and consolation of this community.
ery often such is the case, when rela
tives are outside the reach of telegraphic
communication.
Rev. Holt's Lecture. The lecture at
tho Presbyterian church, on Monday
evening, by Kev. VV. b. llolt, of Port
land, was very largely attended. Tho
church was filled to its utmost capacity,
and very many went away, unable to get
in. 1 he lecturer wa exceedingly happy
in his manner and matter, and held the
large audience for an hour and a half in
the closest attention, liie wuole ad
dress was replete with instruction and
amusement, and gave the listener the
feeling that he was visiting the "middle
kingdom." Mr. Holt is a very rapid and
pleasant speaker, and combines wit and
eloquence in his speaking. Mr. Holt re
turned home to Portland yesterday after
noon. .
"Borrowed!" The "enterprising" in
dividual that "borrowed" Marshal Har-
bord's pistol from the recorder's office, on
Saturday last, is known, and the very
best thing ho can do is to get right
around and put the shooting iron back
where ii got it. lhat he may know
which one it is, if he is in the habit of
borrowing such things, it is stated for
Ins information that it is a pearl handled
and nicklo mounted Colt's revolver, 41
caliber, and has a loud baritone voice
It is a keepsako Mr. Harbord bought
it for the sake of keeping it and he
wants it. You aforesaid borrower, , do
you hear; Do wants it!
Yaqvina Bay Notes. Yaquina has an
oysterman's association1 with Geo. King
president. . . Geo. Williams is erecting
building for a skating rink on South
Leach. J. he building will be octagon in
shape ... A large number of lota have
been sold in W est laquina this week
and arrangements for building quite a
number of elegant residences have been
made. .. About twenty carpenters are
expected to commence the erection of the
railroad machine shops this morning, the
grading being about completed. Post
To Survey the Reservation. Charles
M. Anderson, of Seattle, has been
awarded the contract of subbividing
the Puyalluplndian reservation, and sur
veying it into severalties. Patents to
these lands have been forwarded to the
Indians, and now the land is to be divid
ed so that each Indian will know just
where the lines of his particular place
are. Mr. Anderson is to receive o per
day for his services, and expects to be
employed about three months.
Shocktnu Accident. A shocking acci
dent is reported from Medical Lake, W,
T. A man bv name ot McKay, while
hitching up a team of colts to a rolling
harrow, was unable to manage them and
he was thrown under the harrow and
mortally wounded, his skull beinzcutopen
for a length of four inches, the sharp
steel dice breaking and remaining in the
skull.
Examining the Penitentiary. O. C.
White, General M. M. Bane and H. E.
Johnson, commissioners appointed to
erect a penitentiary at Walla Walla, re
turned Monday to Portland from Salem.
Their mission at this city was to inspect
the onitentiary, for the purpose of
adopting whatever might lie worthy of
imitation.
First Pacers. Henry Wenroth and
Sebastian Mayer yesterday filed papers
with the county clerk noting their inten
tion of becoming citizens of the United
States, and renouncing their allegiance
to all other powers, potentates, mon
archies, and especially the government of
King Wilhehn of Germany.
Killed ijy a Coioar. Last week a
cougar killed a cow and calf belonging to
John Patterson of Barnes prairie. Mr.
Patterson treed the animal with dogs and
shot it. It measured nine feet in length,
and had dragged tho cow some distance
through the woods.
Taking Tkstimon,-. Attorneys in the
celebrated divorce ou'eof Wm. Newhouse
against S. A. Newhou.se, wore engaged
yesterday in taking testimony before J.
T. Gregg, Esq., as referee. Tho case is
quite a com plicated one, and the testimo
ny will be lengthy.
To Comic To Salem. Elder J. W.
Webb, pastor of the Christian church in
this city, has resigned his pastorate here
to accept a call to the church of the same
denomination in Salem. News.
W ent to Work. t harles Piper went
to Portland yet-lentay, to take up his du
ties as mail-weigher on the O. V C. rail
road. Ho will begin this morning and
bo at it for about six weeks.
Moving in. SLeiner it Blosserare
moving their stock of stoves, etc.,
now
into
their now quarters in the Mallory block.
CONSTITUTIONAL.
The Supreme 'Court Declares
! the Resist ry law Invalid. .
A VEXED Ol'ESTi.tN SETTLED.
An Able Opinion by Chief Justice
; Waldo, Associate Justice
Thayer Dbwetil i)ig.
From TliMfrl iy' Daily.
Yesterday morning th" supremo court
settled tho vexed question us to the con
stitutionality of the act passed by the late
legislature requiring voters to register,
by declaring the law invalid and against
the constitution of the state of Oregon.
hief Justice Waldo delivered the opin
ion of the court, winch was concurred in
:iy Justice - Lord. Justice Thayer dis
sented from the opinion of the court.
The matter was brought up on a case
begun in the circuit court for Multnomah
county by Eugene D. White, praying for
an injunction requiring the county court
of Multnomah county not to act nnder
the law. Tho law was sustained in the
lower court and the writ of injunction
was refused. The case was then brought
before the supreme court on appeal and
was argued by l. A. Mc Brule, Ji.sq., oi
Oregon City, Hon. W. L). Fenton, of
Portland, and Hon. John Burnett, of
Corvallis, on the part of the appellant,
and Hon. Jos. Simon, and lion. John JU
Geann, tor respondents, lhe opinion is
a very able one and treats the question
at length, the "space of this paper is
not sufficient to allow of its publication
in full, henco 'only the salient points of
the opinion will be given.
The opinion savs: " Ihe constitution
of Oregon, article 2, section 2, provides in
all elections not otherw ise provided for by
this constitution, every white male cit
izen of the United States, of the age of
21 years and upwards, who shall have
resided in the state during the six months
immediately preceding such election,
and every white male of foreign birth of
the age of 21 years and upwards who
shall have resided in this state during the
six months preceding such election and
shall have declared his intention to be
come a citizen of the United States one
year preceding such election, conform
ably to the laws of the United States on
the suoject of naturalization, shall bo en
titled to vote at all elections authorized
by law."
"The court found it necessary to enter
into an examination of the details of the
act, for (says the court) it is met at the
threshold by a fatal objection. As we
construe the constitution, every law
which requires previous registry as a
prerequisite to the right to vote is ipso
facto void."
The legislature has the power to regu
late elections, and say how they shall be
conducted, "but the right to vote itself
has been placed beyond their influence or
control." The constitution gives a
vested right to every man under certain
conditions to exercise the right of suff
rage, and this right cannot be legislated
from them by any part of the government.-
The opinion says: "That inveterate
argument, the gravity of declaring an act
of the legislature unconstitutional, was
urged, as usual in such cases. If, how
ever, a law be unconstitutional, the grav
ity of not declaring it to be so, is also
worthy of consideration. That sound and
able judge, Mr. Justice Campbell of
Michigan, well said, in Sears vs. Cottrell,
5 Mich. 283, that "every unconstitutional
law which is made to stand creates a per
manent and deadly evil, by overturning
the only safeguards we have against pub
lic usurpation.'.' The judiciary, as the
guardians of the people's liberties, must
in duty observe that vigilance against
unconstitutional encroachment, which is
said to be the price of liberty. ... A text
of the famous Littleton has' come down
to us in the Year Books, 6th ed. 4, 8, A. 18 :
'The law is all one in great things and
small.'"
"The right to vote, under the constitu
tion, is a vested constitutional right.
'When I say a right is vested, I mean
that he has the power to do certain ao-
I tions, or to possess certain things, ic
i cording to tne law ot the iano.' ; ChasoJ
Colver vs. Ball, 3 Dall. 394. If the vight
be vested by the constitution, it denotes
a right that under the constitution cannot
be taken away. Rich vs. Flandern, 39 N.
H. 385 ; Eakin vs. Raule, 12 8. & K. 3C0."
In considering the right under the con
stitution which is given to voters, the
opinion says that where registry is re
quired in order to vote, snoh registry is a
condition precedent to tlva right itself,
and therefore a rule of substantive law.
It results as folloi, s "V right has been
defined by Mr. Justice I ', -os to be tho
legal consequence which ait.iche t t re
tain facts. Every fact which forms . one
of the group of facts of which tho right
is the legal consequence, appertains to
the substance of the right. The right to
vote under tho constitution may be do
fined to be a vested right in presenti, to
lie exercised in futuro, on a fixed day.
When that day arrives, and the right "is
to bo exercised, every fact essential to the
existence of the right is a substantive
fact. Previous registry in order to vote
is precisely such a fact. It is a condition
precedent which must be performed, or
when the day arrives no right will
exist. Procedure ex vi termini ap
pertains to the mode of engagement or
enforcement of a right. N rule of pro
cedure can operate anterior to the time
when the right is to bo, enjoyed or en
forced. It cannot have effect to deter
mine a right before, the right accrues.
Tho distinction, therefore, sought to be
drawn on this subjt, between what con
stitutes a qualification and what in con
tradistinction is called a mode of proof of
qualification, is unsubstantial. Every
definition of the qualifications of voters is
but a statement of tho terms on which
men may vote; and in every instance
such deiiuition refers to what a party has
uono as wen as to what he is. l hev say j
to live voter, it you have done certain
things, you can vote.' " 1 le who does
not register is not qualified to vote, ami
nenee is not a qualified elector a phrase
that is used live times in the constitution
to signify those who are entitled to go to
the jhjIIh on election day and legally vote.
But the court says, "Ho who has a right
to do something to-morrow can never be
secure of his right before to-morrow
comes. If this can result, then the con
stitution does not mean what it says."
If the legislature can take away the right
(of an elector to vote) which is given bv
the constitution, then, says the court,
the legislature instead of being controlled
by thepconstitution, may mold the con
stitution at their pleasure. It would
then 1)0 siijforior to the organic law of the
state. But such is not the case. In re
ferring to the law of New York, whore
tho constitution says the legislature may
provide a way lor proving the qualifica
tion of the voters, the court holds that
the difference potween that casa and tho
one in Oregon, is the difference between
a case where a power has leen conferred
and where it has not. Therefore the
com t holds the law invalid nnd uncon
stitutional, and savs: "The decree must
bo reversed and the court below directed
to make the injunction perpetual."
FROM. THURSDAY'S DAILY.
Which was his wipe? Nearly all the
citizens of Salem will remember J. S.
Coulter, tho caipenter and architect, who
died at Portland, Oct. 28th last, and was
brought here for burial. He came here
from California several years ago over
land and the woman who was known hero
as Mrs. Coulter came by steamer. By
this woman ho became the father of three
children. It will be remembered that he
failed in business in 1879. About that
time a man from California told of a man
in that state by the same name and an
architect, who embezzled a large sum and
disappeared from there. Whether it was
the same man or not was not learned at
the time, although he was described per
fectly. A few days ago the secretary of
the A. 0. U. W., of which order Coulter
was a member, was very much surprised
to get a letter from a lawyer in Brockton,
Mass., stating that Coulter had a wife and
two children in that city, and claiming
tho insurance due from the order. The
claim was strongly substantiated by affi
davits and by letters, the handwriting of
which was easily recognized by a good
many citizens of this place as Coulter's.
The matter has not been adjusted yet,
but $503 has been paid to the Mrs. Coul
ter known here, who is now east. There
seems no doubt of the justness
of the claims of the lady in
Brockton, ard she will probably get at
least part of the money.
On the "Ticket. J. P. Robertson was
yesterday nominated by the "prohibi
tion" central committee to run for state
senator, vico Thos. Van Scoy, resigned.
The only wonder is that Robertson did
not get on the ticket in the first place.
He has "run" on all of them except the
republican. He' has been, in turn, con
secutively and non-consecutively, a dem
ocrat, greenbacker, anti-monopolist, etc.
etc., and now he has fallen into the ranks,
of the new "third party." Robertson is.
a great man to "run." He will get about
as near to office through the "suffe rages"1
of the people, this time, as ever before,
which is not very near. Robertson ia
the uap-sheaf to the ticket.
Republican Primaries. The republi
can primaries will be held on Saturday
next, April gd. Every able-bodied re
publican should be there, and should
make it a point to see that all other re
publicans attend. These primaries will
be held at the usual place of voting in
each precinct, and will elect delegates to
the county convention, which will meet
April 22d, in Salem. Kepuolicans musi,
now wake up, and be ready for the com
ing fight against the faithful and tbe
"unfaithful." . .
Articles Filed. The Meadows irri
gating company of Echo, Umatilla coun
ty, filed articles yesterday Tvith the secre
tary of state. The incorporators are
Geo. W. Tribble, W. 0. Tribble, and O.
Teel. Capital stock $1000 in 50 shares.
F. W. Baltes & Co., of Portland, have
also incorporate'i to do a general printing
and publishing business, with F. W.
Baltes, C. Baltes and J. T. Hayne, incor
porators and a capital stock of $1250 in
125 sharas.
Tea Bridge Survey. The corps of en
gineers engaged in making the prelimin
ary surveys for the site of the proposed
bridge have made careful soundings,
finding rocky and gravelly bottoms for
the most nart. Yesterday a donkey en
gine vas placed on the scow used as a
ferry across the slough, and the work of
boring to determine the depth and char
acter of the bed-rock will De prosecuted
vigorously,
What then ? The correspondent of a
gentlemen in this city, writing from. Che
halis, W. T., says: "In this town (Che
halis) $800 is raised annually from two
liquor dealers, the proceeds of which have
for the past two years gone a long way
towards beautifying the town, laying
down plank roads, sidewalks, tic Cut
this supply off and what then? People
wont stand, more taxation." Vancouver
( V T.) Independent.
Gone to Willimina. Billy Henderson,
who has acted as "central boy" for the
Sunset Telephone company in this city
for the past two years, loft yesterday for a
well-deserved week's vacation on the
Willimina, in Yamhill county. Billy will
probably want to get back again soon,
and will fully appreciate Salem on hia
return.
Withdrawn. The term of the lease of
the steamer Salem by the 0. R. & N. Co.
having expired, Agent Woodworth was
notified yesterday bv telegram that the
Salem is withdrawn from tho trade. Tlie
Occident will continue to run as usual,
her days up being Monday and Thursday,
and down Wednesdays and Fridays.
To San Francisco. Miss Goldsmith,
of Eugene, passed Salem on yesterday
afternoon's train on her way to San
Francisco. She will remain in Portland
a few days, from whence she will be ac
companed by her brother, Charley Gold
smith. Meeting Notice. The sportsmen of
the city will moot at A. O. Waller's gun
smith store on Friday (to-morrow) eve
ning, to form a Rod and (inn club, for the
protection of game. All interested per-:
sons invited. Will meet at 7 :'M, p. in.
Pli ks: A nice line of puffs and puff
boxes, together with all tho leading
brands of face powder, at Fort & Son's
drug store, 100 State street.
Deputy Sheriff' John II. Lewis, of Hen
ton couuty, was in tho city yesterday.