Tlini OKrOOV BIATKeMAN-fJilDAY NOVEMBER 12. 1886.
FROM TUESDAY'S DAILY.
Suspected ok Muhder. Says the Or
egonian: "Gus. Marple, a worthless sort
of follow whose exploits are recorded in
the history of criminals in this state, and
who is well known to the old member of
the old police here, was arrested at 1a
fayotte a day or two since charged witli
assaulting a Chinaman with intent to
kill, li seems that Marple and a com
panion equally worthless wore skulking
at night around the outskirts of Lafayette
engaged in some piece of deviltry when
they came by the shanties of some Chi
nese employed in grubbing. They com
menced throwing stones at those shanties
and a Chinaman came out and ran them
off. They then went back, and having
taken up a stronger position renewed the
assault. A Chinaman came out after
them with a bamboo ole and they again
ran, the Chinaman pursuing. Presently
Marple turned and fired two or three
shots from his revolver at the Chinaman,
who foil down. Supposing that he was
killed, Marple ran to his house with his
companion and told the women folks
if any questions were asked to say that
they hud been at home all the evening
playing cards. The matter was investi
gated and Marple arrested. Circumstan
ces since brought to light strongly indi
cate that Marple is the murderer of D.
J. Corker, the hardware merchant bru
tally slaughtered in his bed on the night
of November 1. Marple is the follow
who some nine years since, in connection
with one Barnes, committed a series of
daring and exteusive robberies along the
Willamette,"from Eola down to Cham
oeg. When they were caught Marple
turned states evidence, his partner
isarnes was convicted ana sent to the
ienitentiary. Marple told whore the
plunder was concealed and officers from
this city secured a large amount of goods.
Barnes got out of the penitentiary some
years since and two years ago was sent
up again for a long term for rape. Mar
ple has been rambling about since, living
in Marion and Benton counties and a few
months since came to Lafayette. He has
worked at odd jobs, cleaning wells and
mien like work, but had no regular ooou-
liation. Turtles here who know him feel
satisfied that the murder of Corker will
be brought home to him.
La Camas Paper Mux Bckned. On
Saturday night, the immense mills of the
Columbia Kiver Paper Co., at La Camus.
W. T., were totally destroyed by fire. The
fire caught in a pile of paper in the
bleaching room, but how it caught is not
known. The mills were built in 1884
and began working in 1885. The main
building was 132x80 feet, storioB high
above the basement. The wine or ma
chine room was "0x15(1, one tall story
above the basement. Those who have
never seen the mill can form some idea
of its size when they -learn that it was
about as large as the Mechanics' pavilion.
The winter's supply of raw material, con
sisting of 400 tons of jute and 7(H) tons of
straw, stored in the mill yard, caught
from burning embers and was destroyed.
About 105 tons of manufactured wrapper,
uianilla and newspuper burned in the
mill. The total loss is between $!)0,000
and $115,000; insurance, $45,000, of which
$30,000 was placed in Portland and
$15,000 in Kan Francisco. The mill was
owned entirely by Portland men, and
gave employment to 74 men and women.
The mill will probably he rebuilt.
Tuts Portland Murder. The mur
dered ru:iu found in the "ruins" of the
hotel which Villurd began to build at
Portluud, mentioned in a special to this
paper of Sunday, has lieen identified as
a man who, at a saloon owned by Billy
Ayres, gave Iub name as Keneuly, and
said he was a millHtone dresser, and was
en route to Montana, where lie had a
brother, who, he said, hud sent money to
take him there. lie was from Tacoma,
last, and had'tieen working for the N. P.
railroad, at the Cascade tunnel. There
have been several discoveries made relat
ing to the murder, which is the most hor
rible reported in Western Oregon since
the famous murder of the woman Mer
lotin in Portland, less than a year ago,
but nothing has been learned that would
point directly toward any one as the per
petrator of the deed. It is now thought
robltery was the cause of the murder,
and that the $-'5 found in his overalls
' were overlooked, or were left there for
effect.
Attempted SincuK.--Fred Winkeluian,
the boy murderer, recently brought to
the penitentiary from Baker county,
made two attempts to commit suicide on
Friday night. He is in such bodily con
dition that lie requires constant medical
treatment so is kspt in the hospital ward.
He tied a handkerchief around his neck
and tied a roiie to that. He then tied the
rope to a clothes line stretched across the
room, mounted a stool and jumped off.
His weight, however, was too great, as
the clothes line let him down onto the
floor 1 le was released bv the guards,
and later made a second attempt to end
his own meager existence, but with the
same result. Had he tried this dodge
before he committed his manifold crimes,
and been successful, the state of Uregon
would have been greatly benefited-.'
Salem Giki. at Portland. Says the
Sunday Oregonian : On Friday evening
Miss Addie Cox gave a most enjoyable
"ltt.no" imrtv ut the residence of her
hmt.lim-. Dr. Norris K. Cox, corner of Sec
ond and Columbia stteets. After the
mmn of the evening, a most delicious
supper was served, after which the popu
lar L'aine of "apron hemstitching"
was indulged in. Those present
were: Dr. and Mrs. N. li. Cox,
Mr mul Mrs. Homer Hathaway, Miss
miv J'miiti.-e. Miss Silencer, Miss Luell-
Mis Palmer. Mis Fannie Pluinuier,
Miss Wilson, Miss Cox, Miss Wesivold,
Miss Dickinson, and Messrs. Crowell,
Kelling, Carson, Ashley, Corrant, and
Dr. Glenn.
For California. This afternoon, Mrs.
be in San Jose during the greater part of
the time. It is a lamentable fact that a
large number of Salem's fair daughters
have taken up their residence in Califor
nia during the past few months. If the
exodus continues in this wise very much
longer, it is safe to say that the average
Salem voung man will have relapsed into
a state 'of barbarity before the return of
the " flowers that bloom in the spring,"
the time when these young ladjes are ex
pected to return.
Frank Parmenter and Miss Loru Chap
man, daughter of County Clerk Chap
man, will leave for California, where they
will romflill during the winter. They will
RETURNED FROM EUROI'B. Prof. T. M.
Gatch. formerly of the Willamette Uni
versity, but at present president of the
Wasco academy at The Dalles, has been
traveling in Euroiie during the past Hum
mer, having returned home one week
ago. He spent Sunday in this city visit
ing his son Claude, and went to Eugene
yesterday morning. Prof. Gatch reports
having had a very pleasant trip, having
visited all the principal points of interest
in Scotland, England, Ireland, Holland,
and France. He took a trip up the
Rhine, and saw the beauties of that won
derful and historic stream, lrof. Gatch
made this trip in the interests of educa
tion, and he says he is now better satis
fied with American educational institu
tions and in fact with all that in American
since his return. He, at least, was per
fectly satisfied with American railways
and their accommodations, saying that
the roads of the old countries are far to
hind the American railways in the mat
ter of passenger accommodations.
Whisky to Indians. On Sunday, City
Marshal Harbord, who is deputy U. S.
marshal, arrested one Thomas Smith, a
tourist whose sole occupation consists in
"doing this and other counties as a pe
destrian gentleman of leisure," for hav
ing furnished the fluid that does not
cheer but inebriates, to a ward of Uncle
Samueh, surnamed Ben, who has his hab
itation in a cabin near the passenger de
pot. Smith, however, had possession of
the cabin at the time of his arrest, and
Bon, who is the Indian that was jammed
up in the railroad accident at Lake Ia
bish in 1884, was lying on the ground, by
the fire, in a very far gone state of intox
ication. Smith will go to Portland to
day. He claims he thought Ben was a
Spaniard, which shows that, even if he is
a traveler, he is not a linguist, and can't
distinguish between the sweet, flowery
language of CaBtile, and Ben s deep gut
tural chin music.
New Quarters. The carpenters and
painters have been busy for some time
fixing up the room west of the Court
street bakery for the new headquarters
of the Woman's Christian Temperance
Union. Xtien the deft lingers of the la
dies have been arranging and decorating
preparatory to their usual weekly meet
ing at 2:30 p. m. to-day. As arrange
ments are to be made about the free
reading room and the library, and a for
mal oiiemng to trie public ana some at
tractive entertainments, it is earnestly re
quesed that every member of the union
will be present. Die advice and counsel
of the gentlemen honorary members will
tie very acceptable. AH ladies interested
in practical temperance work are very
cordially invited to be present to learn of
the spirit and character of the work pro
posed and to offer suggestions as to great
er public usefulness.
That Road Case. The case of the
State of Oregon vs. J. W. Irwin, was ex
amined before Justice Payne in Salem
precinct court vesterday, and Irwin was
sentenced to pay a fine of $25 and costs.
The case'is one wherein Irwin was ac
cused of obstructing the public highway,,
he having fenced up a new road, opened
by the supervisor of the road district from
State street extension to Asylum avenue.
He fenced it up at the instance of the
board of asylum commissioners, who
claimed that "the county had no right to
order the 0ening of a road thrugh lands
owned by the state. An appeal will be
taken to the circuit court on the ground
that Justice Payne erred in holding that
the opening of said road was legal. N.
B. Kuight appeared as attorney for the
state, and W. M. Kaiser for the defense.
Ox Trial. James Kelly, the Portland
saloonkeeper, is now on trial before Cir
cuit Judge Stearns, for the murder of
Frederick Kalashua on July 7. The case
is attracting peculiar interest in Portland,
and the murder of Keneuly occurring du
ring the trial has created an impression
in the minds of the people there that
calls for a thorough trial and deep justice
in the matter. Another thing of interest
was the absence of Moran, the principal
witness for the state, who it was supposed
was detained in jail, but who, on being
called, could not be found.
Tub Joint Meeting, An excellent pro
gramme has been prepared for the joint
meeting which is to le held by the Alka-
Hesperian and Athentmim societies on
next Friday evening, and all persons, be
sides the members of the societies, who
are so fortunate as to receive an invita-
tion to attend, will be highly entertained.
After the programme has been rendered,
a lunch will be served to the members
and invited guests. Any member of the
society who desires an invitation lor a
friend or friends, can obtain the same by
application to the committee.
Scab. We learn that about 300 head
of scabby sheep from Polk county were
sized near Amity on Thursday by Inspec
tor Nelson. It is hoped that now this
business will receive official attention
that no further complaints may le heard.
Mr. Nelson Bays the sheep are in bad
condition, and will have to be thoroughly
cured before he will allow them to be
driven anv further. Wonder if these are
samples of the mutton consumed in Port
land ? McMinnville Reporter.
J. he Skikk Murder Uane. An ex
change says it is reported that the de
tective who was working up the Skiff
murder case, savs that seven men who
stopped at North Powder hotel had never
been seen since. There are nine men
out now searching for the body of Skiff
It seems to be the general opinion at
Union that the right gang has been
caught, but that unless Skiff's body is
found tiiev will not be convicted.
Executive Appointment. The govern
or yesterday appointed K. J. Rogers
delegate to represent the state of Orogon
at a convention to be held at the city of
Chicago, Illinois, on November Kith and
17th, 1H80, under the auspiceB of the Con
solidttted Cattle Growers' association of
the United States." Mr. Rogers is a res
ident of La Grande. Union county, and
was formerly sheriff of Union county.
Called. Among those who called at
the Statesman olfice yesterday and paid
their substantial respects ($2 ier year)
were A. H. Kennedy, of Monroe, Benton
county; Lafe Williams, of Dallas, Polk
county; S. Higgins, D. B. Gray, of the
blind school, and ninny residents of Sa
lem and immediate vicinity.
FROM WEDNESDAY'S DAILY.
Fink Pictures, Prof. G. P. Newell,
general agent, is exhibiting at W. P.
Johnson's photograph parlors some very
fine enlarged pictures, the work of Mrs.
Addie Whitney, of Philomath. One of
these is the likeness of Rev. Hezekiah
Johnson and another that of his wife,
both early settlers and former residents
of Oregon City, and both deceased. There
are also displayed pictures of another gen
tleman and lady, and one ot two girls,
with Himnv curls, together. Tliev are so
closely imitations of the originals that,
by examination with a glass, all the lines
and natural appeararce of the eyes can
be easily discerned, and every line and
profile of the faces are plainly and faith
fully portrayed. In many points this
work is as fine as is often seen anywheie,
and surely does credit to Mrs. Whitney.
Telegraph Troubles. Yesterday D.
L. Remington, who lives near Hubbard,
made complaint before J. O'Donald, jus
tice of the peace for East Salem precinct,
against A. A. Jack, loreman of the party
now engaged in the construction of tie
new telegraph line of the Pacific Postal
Telegraph Cable company, charging hira
with trespass. It seems he dug holes
and set the poles for that line on Rem
ington's land, contrary to both written
and verbal notice not to do so. Deputy
Sheriff Croisan arrested Jack and brought
him to this city, where he pleaded guilty
as charged in the complaint, and paid a
fine of $10 with $35.95 costs additional,
and protest. He says the matter will be
appealed, although no notice of appeal
has, as yet, been filed.
AVinklkm an Insane. On complaint of
George Collins, superintendent, and Rob
ert Heddle, turnkey, of the penitentiary,
yesterday, Fred. Winkleman, the boy
murderer, sent from Baker county lately,
to serve a life sentence, for manslaugh
ter, was examined before County Judge
T. C. Shaw, by Drs. W. H. Byrd and J.
N. Smith, with H. E. Courtney as deputy
prosecuting attorney, as to his sanity.
He was declared to be insane, and was
ordered to be committed to the asylum
for the insane. Sickness and confine
ment are given as the cause of his insan
ity, which is suicidal, and was shown in
two attempts made on Friday last to take
his own life, while confined in the hos
pital ward at the penitentiary.
"Through Yellowstone Park."
Sedgwick iost, G. A. R., is moving, it is
understood, towards securing the pres
ence of General John Gibbon, U. S. A.,
commanding the department of the Co
lumbia, at this city on some evening in
the near future, to deliver his lecture on
"A Tour through Yellowstone Park." It
is to be hoped they may be successful as
the lecture is said to be a very interesting
one.
Testimony Insufficient. In the trial
of James Kelly, accused of the murder of
Kalashua, the evidence proved insuffi
cient, owing to the disappearance of Mo
ran, the principal witness for the state,
and the iurv returned a verdict of aeauit-
tal. A man in this city is reported as
having talked with Moran on Monday
morning in tins city, but what truth there
is in the rumor is not known. He
claimed to have seen him before the ar
rival of the Portland papers that cen
tained the notice of his disappearance.
The Protracted Meeting. The meet
ing at the Christian church continues,
with good interest. The pastor preached
an earnest discourse, at tue close ot
which a young lady confessed her faith
in the Redeemer. After the devotional
exercises at 7 o'clock to-night, there will
be an appropriate discourse, followed by
the ordinance of baptism.
A Pleasant Time. The basket socia
ble of the Woman's Relief Corps, at the
Grand Army hall last night, was well at
tended, and a very pleasant time was
enioved bv all present. The allotment of
lunch baskets by the cards of the ladies
was a very pleasant feature, and the pro
gramme rendered was a good one.
To Washington. Hon. Charles Shack
elford and wife will leave to-day for a
visit to Washington, D. C. Mr. Shackel
ford will probably tell Mr. Lucius Quin-
tius Cincinnatus Lamar, who presides
over the destinies of the Oregon swamp
lands, something about those mountain'
ous tracts, while at Washington.
For California. Mrs. Mattie J. Scott
and son left yesterday for Oakland, Call
fornia, where she will visit her sisters
Mrs. I. V. Gardiner and Miss Nellie Gil
bert. She will be gone until spring time
Mrs. Scott accompanies Mrs. Irank Par
menter and Mibs .Loru (Jhapman.
W. C. T. U. The ladies moved into
their new room on Court street, yester
day. It was decided to hold a called
meeting next Tuesday aiternoon, wnen it
is desired that every member shall be
present to discuss the advisibiiity ot giv
ing a Thanksgiving dinner.
Runaway. Yesterday the black horse
hitched to one of Savage's drays, and
driven by Seth Wade, getting tired of
standing around, started off on his own
hook, and run down State street. He
brought ui) at the burn, however, with
out doing any damage.
Good Programme. Among other at
tractive features of the programme for the
elocutionary entertainment at the Wil
lamette university chapel to-night, is
song by Miss Hallie Parrish. You should
read the programme in another column
and attend.
Executive Appointments. The gov
ernor yesterday apwinted W. T. Will
iamson. M. D., of Weston, to be first
assistant physician at the insane asylum
for the succeeding lour vears, and Jon
it). McQuany, of Centerville, to be notary
public.
Filed his Intentions. Jacob Mahley
a native of Switzerland, filed papers
the office of the county clerk yesterday
declaring his intention of becoming
citizen of the United States.
Report Filed. E. M. Lafore, admin
istrator of John Smith, deceased, tiled
his semi-annual report of the condition
of the estute, in the county clerk's office,
yesterday.
DISGUSTING HUMAN DEPRAVITY.
Case of Rapc---A Little Girl of Less
than Ten Years the Victim
of the Outrage.
Again this paper has to chronicle a
case of such eminent brutality, the con
templation of which is simply horrible.
That, in this age of education and en-
ghtenmcnt, such brutes as do exist are
allowed to exist out of asylums and pen
itentiaries, is something for which there
is no remedy. The latest instance of hu
man brutality that has come to light is of
such a horrible character, as will curdle
the blood of every lover of truth and
honor and most of all of virtue.
George K. Jackson, warden at the pen
itentiary, went before Justice Payne in.
Salem precinct yesterday morning, and
secured the arrest of Andrew Osborne
and Joseph Osborne, Jr., brothers and
men of noted, yet exceedingly doubtful
character, on a charge of rape.
The complaint claimed that on uct. zt,
Andrew Osborne was euiltv of commit
ting rape on Jennie Jackson, a little girl
between 9 and 10 years oi age, ana on
Nov. 5, Joseph Osborne, it was ,com-
lained was guilty of the same crime.
hey were examined before Justice
'avne. but the little eirl. who has re
ceived horrible inhuman treatment, said
that they were not the persons, so they
were discharged.
She case is one of great peculiarity, not
alone from the fact that the real crimi
nals have not been found, but from the
additional fact of the extreme tender age
of the victim, and the fact that she has
been made their victim for a time cover
ing several weeks. She had been attend
ing school at the Academy of the Sacred
Heart, and she claims that she first met
a boy who gave his name as Frank, but
the rest of his name she never learned.
He enticed her away from school, and
they used to spend the day along the
river. He finally gained such control
over her that, at his bidding, she would
go to different stores in town, and Duy
cakes and fruit,. having them charged to
her father's account. This Frank whom
she described as a smooth-faced boy, used
to meet her between the East Salem pub
lic school and the academy. Ihen an
other man, who had evidently been
posted by this fellow Frank, met her at
the same place, and he decoyed her into
a boat and took her across the river to
Minto's Island, where he assaulted her
fearfully, the effects of which are yet vis-
ble on her bodv.
These fellows, at last, began to make
her presents of wearing apparel, one giv
ing her a "Jersey, anoiner a origin col
ored cap, the possession of which she ac
counted for to her parents in numerous
ways, at their instigation. A note from
the Sister Superior of the academy, in
ouiring about her. caused the first inves
tigation into the matter by ner parents,
with what a horrible result, the reader is
aware.
Collision. On Tuesday, freight train
No. 5 and an extra north-bound freight
had a collision at Hubbard, in which the
pilot of the extra's engine suffered con
siderable damage. The morning was
foggy, and the extra was a little behind
time, and ran into Hubbard on the regu
lar freight's time, railroad rules giving
regular tiains all rights of track over spe
cials. The regular had run out on the
main line to back in en the switch, when
the first seen was the special bearing
down on them at a rapid rate, ihe en
gineers of both trains reversed their en
gines, but too late, the engineer ana
fireman of the special jumped from their
engine when thev saw that a collision
was unavoidable, but the engineer and
fireman of the regular "kept their seats."
The damage was slight, and no one was
hurt.
Bond Filed. Yesterday Magloire Ben
jamin, administrator of the estate ot Gil
bert Ladeaux, filed a bond in the sum of
$36,080, with Gustave Glasor, M. Good
man, Wm. Darst and J. W. Thornbury
as securities for the faithful performance
of the duties of administrator of the es
tate. The bond was approved by County
Judge bhaw.
Verdict for Dumbleton. In the
United States circuit court yesterday, the
case of II. M. Dumbleton vs. Frank P.
Talkington, was decided in favor of the
plaintiff, llus will return to Dumbleton
the possession of one of the finest tracts
of land in Douglas county.
Road Opened. Road Supervisor
Matthews, of road district (54, has re
opened the new road ordered from State
street to Asylum avenue. The fences
have been taken away and three small
bridges have been put in.
TCRXER ITEMS.
Ti'iiner, Nov. 10, 1880.
Family dances all the rage.
Ed. McKinney is in Eastern Oregon.
Our drug stores have six clerks three
each.
Two foot races billed for Thanksgiving
day.
J. P. Cole, of Canby, Oregon, is visit-home-folks
here.
A. Shaw and son Scott, of Waldo hills,
were in the city last night.
Nellie and Frank Cook returned from a
visit to Eugene yesterday.
To-day is pay day at the mill and Bro.
Gardner seems to be happy.
M. Friedman, of Salem, and Dun
Smith, of Hogum, were in the city yes
terday. Alex. Potter has purchased the Reuben
Lewis farm east of town, consisting of
285 acres, for $3,150.
Several of our citizens go to Stayton on
Sunday to the dedication of the new
church at that place.
John Buhulc, one of our best young
men, departs for San Francisco to-morrow.
Success to him.
Will. Shanks fell from the Santiam
bridge, where he was at work on the 5th
inst., and badly bruised his left foot. He
is confined to his bed.
Will. H. Dunbar has nearly recovered
from tbe twenty-foot tumble he recently
exiierienced from the second story in the
mill. Tumbles seem to be fashionable.
Wasp.
A MOTHER IMPORT AST DECISION,
The Act of the Lfjrislattire Sustained,
and Portland Will Have Bnll
Ran Water.
The supreme court, by W. W. Thayer,
associate justice.rendered a decisionTues
day, in the case of the famous "com
mittee of fifteen" appointed by the legis
lative assembly to secure a service of
pure water for Portland. The "commit
tee," which consists of fifteen of the
prominent citizens of Portland, had or
dered work to be proceeded with on the
construction of a water system leading
from Bull Run, a branch of the Sandy
. , . . , , . ,
river, to rortiand, wnenuonn a. uavid,
representing the Portland water company,
asked for an injunction against the com-
m;tfw r.rnu.,,iinl.o trt .-liifil, was
' I
i nn ,,.,.'(, i , I
g.aureu. wiumiHw ii.cn uicu uc-
murrer to the complaint of the water
comoanv. but the circuit court refused
to sustain the demurrer. The matter TJ ".vTl le"Hth' an ,fin?llv con
. , , . . eluded that the act was intended as a
was appealed to ine supreme court, ana
appended below is a brief digest of the
decision on the several points, on which
.v, ,t. f ,1, ,
u.p-.-j "
that trie act was unconstitutional. AS
will be seen the court has decided that
the law is good and will hold. J ustice
i buyer's decision lis a good one, and full
of interest, and this paper is only sorry at
not being able to publish it in full. Ihe
paragraphs con ain tne points claimed oy
the water company, and the rulings of
the supreme court are annexed :
vmiuio ui mo "rau.. "ic mw
was against the original charter of Port
land, which says that the city of Portland
is not bound by any contract or in any
way liable thereon, unless the same is
authorized by the city ordinance, and
made in writing or by order of the city
council. This they claim was being
amended without that amendment being
in the title of the bill as passed, and as
required by the constitution of Oregon
On this point tbe court held that it is
undoubtedly true that a section of a stat
ute of this state cannot in terms be amend
ed by a mere reference to the title of the
act containing it. cut that a subsequent
statute cannot be enacted affecting the
provisions of a prior one without setting
forth and publishing the prior provisions
as amended does not follow. The city is
not bound (under its original charter; by
any contract, or in any way liable thereon,
unless the same is authorized by a city
ordinance, etc. Ihe amended act under
takes to make the city liable upon bonds
to be issued in its name by the commit
tee. This would seemingly change the
former provisions, but does not do so in
fact. The contract referred to in section
143 (the original charter) must have been
such a one as a city ordinance could
properly authorize, a contract which the
city was empowered to enter into. The
amended act introduced another subject
in the city affairs ; one which the city
heretofore had no control over. It could
not contract for the construction of water precinct, charged with assanlt and bat
works by city ordinance. The city now tery, committed on the person of D. S.
may become liable upon a contract not Savage, a student in his school. Savage
authorized by an ordinance of the coun- is about 10 or 11 years of age, and was
cil, but not upon any contract that can quite unruly, when the teacher punished
now, or could have been authorized by
any ordinance which that body then pos-
sessed. ThiB special act has unshorn the
council of no power it then possessed. If
said section 143 "is read according to its
meaning, as before indicated, it will be
found not to have been altered, or
changed in the least by the subsequent
act. the objection that this act or this
part of the act was intended as "covert
legislation" cannot be sustained.
Claims of Water Co. That the mem
bers of the water committee are city offi
cers, and are not required to take an oath
of office, against the provisions of sec. 3,
art. lo, ol tne constitution, which pro
vide that every person elected or appoint-
ed under the constitution, before entering
on tbe discharge of the duties thereof
would be required to take an oath to sup-
port the constitution of the United States
and of Oregon and an oath of office.
Judge 1 haver said this opened the
question as to whether they were officers
under the constitution, and he held that
the only officers under the constitution
were officers named in the constitution,
j He held that this committee was appoint- many students now refractory, would be
, ed not to execute any other law than the come more susceptible to the "power of
one jiassed providing for furnishing water
to the citv of Portland, and cited a Kftii-
tuckv case, verv similar. whrn a cniintv
indite was authorized to amoint a hoard
of commissioners, and authoriz them to
build a courthouse at a cost not to exceed
tftn.nnn. Tlipr t.h tmnmma onnrt hni.i
that these commissioners were not officers
under tiie constitution, but simply the
mere ai-ents of the district renmred hv
the act to discharge certain duties, with
rfereni tii the hni hi nir ol t.hn .'onrt-
house. "It might be said that the act
need not require the members of the com
inittee to take an oath of otlice, and still
tie valid, even if thev came undur the de-
nomination of officers under the consti
tution, as the clause in the constitution
niMin that Hiibiei-t is a law that, executes
itsclf. and reonire no enahlim? act for
that purpose. But we prefer to place our
decision of the point upon the merits of
.1 . 1 ii
tue question presenieu
Claims of the Water Co. : That the
water commissioners are officers whose
term of office is required to be limited by
the clause of the constitution contained
in sec. of article 15.
In this relation, Judge Thayer says
"The words 'elected or appointed to any
office under the constitution' do not occur
in said section 2 of article 15. The lan
guage there is simply that ' the legislative
assembly shall not create any olfice the
term of which shall be longer than four
years.' " (The water commission which
it is intended to manage the water works
after their completion is to le upioiiited
by the governor, and to hold lor two
four, six, eight, and ten years, and after
ward for a term of ten years. ) "But still
I cannot pwrsuade myself to believe that
they are such officers as said clause refers
to, that they will lie any more than agents
for the city under the act, the same as
tbe members of the water committee."
The court held further that, while the
legislature could not elect officers for a
municipal corporation, "there is howevc
left in the legislature a supervisory power
over municipal corjwrations, which
may lie t'xercised in accordance with
legislative discretion.
Claims of the Water Co. : Thut the
subject of the act is not expressed in the
title, in accordance with see. 20, article
of the constitution ot Wgon.
The court held that " it is sufficient if
the subject be stated generally. It is not
necessary that the title specify the object
in all its particulars. The provision of
the constitution was adopted to prevent
the blending of incongruous subjects in
the same act, and using the title as a de
ception." Claims of the Water Co. : That the
legislature had no power to authorize the
water committee to issue bonds in the
name of the city, and to make it liable
for their payment.
ltns point was considered the most per
tinent one introduced against the legality
of the act, but the court held that the
legislature had not attempted by this act
to usurp any jwwer possesfed by the city
of Portland at the time of its adontion
"It has simply undertaken to supply its
L"';!"" LT, T ' u , .
tants with pure water at reasonable rates
frorn - .x beyond the citv limits and
to accomplish it in the manner pointed
out in the act : and if that is a matter of
1.1' .1 . i- - i . , i
puuiic uiiereni., uien me legislature naa
the right to appoint agents through which
lt millt be accomplished unless the con
stitution of the state has deprived it of the
authority." The court discussed the
pablic benefit. "In tbe present case,"
says the opinion, "the benefits are
shared by a large portion of the public di-
rectly, and indirectly by the whole cem
monwealth. It would be difficult to find
nv nlas. of cases in which thn nVht nf
eminent domain is more justly or wisely
exercised than in provisions to supply
our crowded towns and cities with pure
water, provisions enuallv necessary to the
health and the safety of the people." It
wonii be a clear case of departure from
the rule that the legislature has power to
decide what is for public use, that would
insfitv the court, in dptprminini? such an
act invalid. The legislature has decided,
the court concluded, that the city of Port
land needed a supply of pure water that
it was a public necessity, "lt seems to
me that this act bears upon its face ample
proof that its object and design were to
promote the public good, and that it is
the exercise of a power that is govern
mental in its nature." The court, in
holding the matter to be of a public na
ture, claimed its right to take judicial no
tice that Portland was the metropolis of
the state, and that owing to its commer
cial relations, citizens from every part of
the state went there for numerous rea
sons, and that thus the advantages of its
having a good water supply become mu
tual and public, and that the act was not
a scheme to advance the interests ot any
private individual. Then continues
Thayer, J., "if I am correct in the con
clusion, then the legislative assembly
had an undoubted right to appoint agents
to enforce its provisions and to authorize
tbe issuance ot the bonds in the name oi
the city." The decree of the circuit
court was reversed and the respondent's
complaint dismissed.
Assault and Battery Case. Yester
day morning, W. J. Culver, who is teach
ing in school district No. 40 (Central
Howell Prairie), was arrested and brought
before Justice O'Donald. in East Salem
him by whipping him with a switch. He
probably whipped the boy with more
seventy than was intended. Ihe case
was postponed until 9 o'clock this morn
ing, and Culver gave bonds in the sum
of $50 with W. B. Culver and F. Levy as
sureties for his appearance, ihe matter
of corporal punishment in schools, is a
peculiar one; and all courts before
which the question has oeen at issue,
have decided that the teacher has the
right to inflict corporal punishment, with
kindness, prudence and propriety, and it
has been held that wnen tne punishment
is reasonable, he cannot be prosecuted
for assault and battery. Hence in this
case, the whole matter win prooaDiy
hinge on the question as to whether the
uunishment was excessive or not. The-
law is well settled that the teacher has
the right to exact from his pupils, obedi-
ence to his lawful and reasonable com-
mands. and to minish disobedience. If
in every case of corporal punishment iu-
flicted in school, the teacher were to be
liable to prosecution for assault, such a
thing as discioline in the schools, unless
love," would soon be a rarity.
I
Two Points OF the Compass Injured
Walter Fast and Albert West of this city,
while driving a butcher's wagon on Third
street about b o'cioct last evening ex-
ncrienced a serious runaway accident,
The team became frightened, and before
they could be stopped ran into the canal,
Both men, who were sitting upon a high
butcher's rack, were thrown off. West
went east into tne canal Deiow me team.
and East went west into the water under
the horse's feet. He received a severe
gash iu the forehead cut by the horse's
hoofs and injuries upon the hand and
- arm. R. A. Irvine and James l-arent,
who heard tno cries lor neip, came to ms
rescue and assisted htm into the resi-
donee of Jack Burkull, where dry cloth
ig was procurred. West was uninjured,
hut received a thorough wetting and lost
l.In I... 'PI... ..r..i,.t ..r.ia limlrun
his hut. The wagon tongue was broken
and the wagon was left in the ditch.
Young F.ust was taken to the otlice of
Dr. Maston, where the wound upon his
forehead, a rgush about two and a half
inches long, cut to the skull, was sewn
up. His injuries though severe, will
probably not prove serious. Albany
Herald.
Wheat. There is an apparent inactiv
ity in wheut movements, owing probably
to the lateness of the opening of steam
boat navigation, although there is a
heavy movement by rail reported. (Quo
tations remain inactive, the Salem Flour
ing mills offering (il cents. There is an
active demand for mill feed, however,
w hich the mills find it hard to fill.
Appointments. The governor has ap
pointed II. F. Mayer, of Sheridan, Geo.
K. Chamberlain, of Albany, and Edward
H. Miller, of Portland, to be notaries pub
lic, and L. F. A. Shaw, of Walla Walla,
W. T, to be a commissioner of deeds for
Oregon.
Mobe. Another lot of superline toilet
soap, direct from the factory, received at
Ports' drug store, 100 State street. In
4, i buying from them you save middle-men's
profits, and nave the largest and
and
best
stock from which to select.