Hillsboro independent. (Hillsboro, Washington County, Or.) 189?-1932, April 03, 1908, Image 1

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IXILL3L0SC. WA SltEC G7GN -COUNTY, QUiXAjti, 'FRIDaV. Al'iilL 3, 1908
Number 43
fiillsboro Independent. I TO ABOLISH
CO. JUDGE
D. VV. BATH, Publisher.
aw j ma paper 11 not forced upon
anyone, it is not our practice to atop
papers until oricrel to do io. Anyone I
ui wnnini mi paper must notlly th
publUher or they will be held liable lor
t ne auiNHTiptiun price.
MORE SUPREME JUDGES.
EK1IIT PAUE3.
$1.50 a Year, in Advance.
Entered at the Poetofflce at Hllle-
the mall u second-class mall matter.
Official Paper of Waehlngton County.
Republican In Politics.
I The Proposed Amendment Would
Give Probate Powers to
iuvKuriMiso Katks: Dixplay, 00 cent
an inch, Minnie column, (or (our Inner-
lions; reiiliii noiii-en, one cent a word
euli Initertlon (notbinir Iran than IS
uenlMj ; professional card, one Inch, 1
a uionili
IllO utiar
free lo k'lvcrUmun l(xlnet).
PROFESSIONAL CARDS.
E. B. TONGUE
ATTORN &Y-AT-LAW
Hlllaboro, Oregon.
Office: Kooms 3. 4 and 6. Morgan Blk
W. N. BARRETT
ATTORN EY-AT-LAW
Hlllaboro, Oregon.
Oltlce: Central Hlock. Rooms I and 7.
Hlllaboro, Oregon.
BENTON BOWMAN
ATTOHNEY-AT-LAW
Ollice on Main St., opu the Court Houae
THOS. II. TONGUE JR.
ATTORNKY-AT-LAW
NOTARY PUBLIC
Jflioe : kooiua S, 4 and 5, Moruen Blocs.
Hlllaboro, Oregon,'
MARK B. BUMP,
ATTORN KY-AT-LAW.
Notary Public and
HII.USHORO,
Collections.
ORR.
II. T. ll.UJLEV,
Attorney - at - Law,
Office Over the Postoflice.
HiUsboro, Oregon,
JOHN M. WALL.
Aitorney-atLavv,
Office upstairs, Bailey-Morgan Blk.
MOTH 'l'HONKS.
HILLSBORO, ORECOM.
S. T. LINKLATER, M. B. C. M.
PHYSICIAN AND SURGEON.
Hlllaboro, Oregon.
OuVe. uiuduirs, over The Delta Drug
Store. OlhVe hour 8 to 12; 1 to 6, am)
in the evoninu from 7 to 9 uVlot'k.
Salem, March 2G. A proposed
constitutional amendment which
has received very little publi
attention is that which provides
for the election of five supreme
i;ichik " f year, Fy- iudees instead of throo aj nr
rierly, (notice mid resolution! M uues instead OI Mrce, as at
present, anu aumonzes legisla
tion which will confer probate
powers upon circuit judges. Un
der the amendment, the county
courts will be deprived of their
jurisdiction as courts and county
business will be conducted by
tribunals to be created by the
legislature. If the amendment
should be adopted, the present
laws and constitutional provisions
will remain in force until the leg
islature shall provide for the ex
ercise of probate duties by cir
cuit judges, and the transaction
of county business.
This amendment was submit
ted by the legislature, and had
its origin in the fact that the su
preme court has in recent years
been behind in its work once or
twice, and for a considerable
time, though the employment of
a number of stenographers en
abled the court to catch up about
two years ago. There has also
been agitation for a number of
years in favor of a change which
would place the probate business
in the hands of a judge who is a
competent attorney. Under the
present By stem, county judges,
who have jurisdiction of probate
business, are elected chiefly on
account of their fitness for ser
vice as members of the board of
county commissioners. Local
road questions, county patronage
and geographical considerations
often have more influence upon
the selection of a county judge
than do his legal attainments.
As a consequence, most of the
county judges know very little
about probate practice. The plan
is to abolish the office of county
judge, increase the number of
circuit judges, and require the
circuit judges to perform probate
duties. This would probably
mean an average of one circuit
judge for each county, though,
in a few sections of the state,
one judge could serve two coun
ties.
0
OTIIKR PROVISIONS OF AtiKNDMKNT.
At present, the office of county
clerk and sheriff are constitutional
offices. The sections crovidine lor
these offices are left out ol the pro
posed amendment, but it is provid
ed that the legislature may provide
for such district, precinct and coun
ty offices as may be necessary. The
block, up-1 anicie oi me constitution which it
Residence, js proposed to amend provides that
the "Legislature shall so provide
that the most competent ot the per
manent citizens of the county shall
be chosen as jurors; and that out of
I the whnl nnmKor in .ttMtm. .i
Oftlc ori'r Baili'jr'n I'rug Htore. o til re hour. I
rnm ; u. i. i: in. nt 7 in . km.iimi- me court, seven shall be chosen bv
third htue north nf rlljr ilM-trlc IIkIU plant. I , vu-u jj
c.i i. promptly iwn.iwi ttav or main. H'iii lot as grand jurors, five of whom
must concur to find an indictment.
But the legislative assembly may
modify or abolish grand juries."
This section, iS, is omitted lrom
the proposed amendment. This
omission wauld not abolish the jury
system, however, for other sections
of the constitution guarantee the
right of trial by jury.
The measure - proposed is an
amendment to article 7 of the con
stitution, which comprises 21 sec
tions. The amendment consists of
15 sections. The amendment reads
as follows:
Article VII of the constitution of
the state of Oregon shall be, and
the same hereby is, amended to
read as follows:
ARTICLK VII.
Section 1 The judicial power of
J. p. TAMIESIE, M. D.
8. P. It. R. SURGEON
Hlllaboro, Oregon.
Realtime rorncr Thlr.l nd Main: office op
........... i..n. .un .litre rumn. l 10 ri m
I 10 ft mi'l 7 loV p. 111. 'I'flKphiiiia to rvnulnno
rnun l-u .inn -lore. All calla promptly eu-
wxr.il d or ulnlil
r. A. BAILEY, M. D.
rilYSIC'IAN AND SURGEON
Hlllaboro, Oregon.
Odlre: Morgan-Bailey block. Bp
atalrs, rooms 11.'. 13 and IS. Residence
8. W. cor. Uase Line and Second sta.
Both 'phonos.
f. J. BAILEY, M. D.
PHYSICIAN AND SURGEON
Hlllaboro, Oregon.
Ofllre: Morgan Ilalley
stairs with K. A. llnlley.
N. E. corner Third and Oak sts.
A. B. B ULKY, M. I).,
PHYSICIAN AND Sl'RC.KON,
lIilKKro, Oregon.
'phone.
vptn-ot
Dr. B. P. Shepherd,
(Successor to Dr. A. Harris.)
At his rooms over I lty Kakery every
Tuesday, 1 hu'sday ami Saturday.
President Cnlilornia College o( Oxtcpath
Professor o( Theory and Practice.
Kk-Mcm. Cal. State Hoard o( Kxaminers
KILLthi COUCH
un CURE thi LUNCS
Dr. King's
Now Discovery
paint
-aaaav a m 4 a A
cna r'uuuns srv tic
lUllfOLDS Trial Botti. frw
mo lit throat in tunc thou Bits
GUARANTEED BATISFACIOKlt
OB MON1T REFUNDED.
this state shall be vested in a su-
Ipreme court and circuit court, which
shall be courts of record, having
general jurisdiction, to be defined,
limited and regulated by law. Jus
tices of the Peace and other iaferior
tribunals may also be invested with
limited judicial powers, and muni
cipal courts may be created to ad
minister the regulations of incor
porated towns and cities.
Section 2 The supreme court,
from and after the first Monday in
January A. D., 1909, shall consist
of five judges until otherwise pro
vided bv law. . They shql) h chos
en by the electors of the state in
such manner as may be provided
by law, and shall be citizens of the
United States and residents of the
state of Oregon for at least six years
next preceding their election.
TERM OF JUDOHS SIX YEARS.
Each of the present judges ot the
supreme court andeachjudge elect
ed or appointed belorethepresiden
tial election in November, A. D.
1908, shall serve the term for which
he was elected or appointed and un
til his successor shall be elected and
qualified in the manner prescribed
by Jaw, At the regular presiden
tial election in November, 1008, one
judge of the supreme court shall be
elected to serve for the term ot tour
years, aud one judge shall be elect
ed to serve tor the term of six
years, beginning on the first Mon
day in January, A. 1). 1909. There
after the terra of each judge ot the
supreme court shad commence 011
the first Monday in January follow
iug his election, and except as to
elections to nil vacancies each judge
shall be elected to serve for the
term of six years, and until his sue
cessor shall be elected and qualified
in the manner provided by law
Nomination of candidates tor the
two supreme judges to be so elect
ed in November, 1908, shall be by
convention or by assembly of elec
tors or by certificate of individual
electors.
Section 4 Every vacancy in the
office of judge of the supreme court
shall be filled by election at the
next general election for the re
mainder of the vacant term, and
until so filled the governor shall fill
the vacancy by appointment.
section 5 The judge who has
the shortest term to serve, or the
oldest of several having such short
est term, and not holding by ap
pointment, shall be the chief jus
tice.
Section 6 The supreme court
shall have 'jurisdiction only to re
vise the final decisions of circuit
courts. Every cause shall be tried
and every decision shall be made
by not less than a majority of the
members of the supreme court. If
the court shall not be unanimous in
the decision ot any cause, any
member disagreeing shall express
his dissent on record, and may file
his reasons therefor.
Section 7 The terms of the su
preme court shall be appointed by
law; but there shall be one term at
the seat of government annually.
During or at the close of each term
the judges shall file with the secre
tary of state concise written state
ments of the decisions, and dis
senting opinions, if any, made at
that term.
Section 8 There shall be chosen
for the term of six years, by the
qualified electors in districts com
posed of one or more counties, a
sufficient number of circuit judges,
who shall hold court in the coun
ties of their respective districts at
such times, and in other counties
under such conditions, as may be
prescribed by law; but the existing
circuit court shall continue to hold
terms as now required by law un
til laws shall be enacted especially
for the enforcement of the provis
ions of this article.
Section 9 All judicial power,
authority aud jurisdiction not vest
ed by this constitution or by laws
consistent therewith, exclusively in
some other court, shall belong to
the circuit court; and it shall have
appellate jurisdiction and supervis
ory control over all inferior courts.
officers and tribunals.
MISSION OF
ARBOR DAY
LESSON IOR THE CHILDREN.
To Make Every Child m the United
Stales Know the Native Trees
fceav'His fforrie.
the needs of the farm. It is
simply a matter of planting and
preparing for tree growth.
It does not require the lifetime
of a man to do this and reap the
benefits. True, it will take from
ten to twenty years to see these
trees satisfactorily serviceable,
yet this time is often spent on a
prairie homestead without any
efTort being made to plant, culti
vate or grow a tree. West Tex
as Journal.
PROBATE
COURT
A WEEK'S TRANSACTIONS.
APPOINTMENT OF PREC. OFFICERS.
Section 10 Every circuit judge
shall be a citizen of the United
States, a resident of the district for
which he shall be elected, and shall
have resided in the state of Oregon
at least six years before he is elect
ed Section 11 Provision shall be
made by law for the election and
appointment of such district, coun
ty and precinct officers as may be
necessary, and for fixiug their com
pensation and terms of office and
defining tlfcir duties and power in
the conduct of public business.
Section 12 Public officers shall
not be impeached; but incompeten
cy, corruption, malfeasance or de-
linquency in office may be tried in
the same manner as criminal of
fenses and judgment may be given
of dismissal from office, and such
Continued on Last Tage.
One mission of Arbor Day
should be to make every child in
the United States know the na
tive trees near his home, how
they grow and how the"y are re
produced. Such a lesson will ul
timately be invaluable when the
nation begins to realize the ne
cessity for conservative lumber
ing and the arts of reforesting,
Then it will be known what trees
to use.
The facts of which the genera
public is now taking cognizance.
as to the essential relation of tree
growth to the material side of
our civilization, can on Arbor
Day be impressed upon the child'
ish mind, so that the next gener
ation will be readier than the
present to use economically this
gift of Providence.
A circular on Arbor Day issued
by' the Forest Service says
"What child has not seen a mud
dy freshet Yet this sight, so
common in the spring, is full of
suggestion for a forest lesson
A A. .
An experiment W1tn nne and
coarse soils stirred quickly in a
tumbler of water and then allow
ed to settle explains how the
stream continues muddy while it
runs swiftly, and how it clears
again as it slackens on more lev
el stretches, dropping the soil to
the bottom." f orest on a mowv
tain slope may be pictured by a
cloth upon a tilted table; then if
water be poured on the higher
edge, it will creep downward
through the cloth and drip slow
ly from the lower edge, as would
rain falling upor. the forest If
now the cloth be plucked off, and
the water still poured, we may
observe at once what happens
when such a forest is destroyed. "
This is an admirable illustra
tion of the dilference in run-off
between the spongy soil of a for
est and the bare soil or bed rock
from which the forest litter has
been removed.
innumerable applications are
made by citizens all over the
country for trees from the gov
ernment nlirserics. These can
not be granted because the gov
ernment is unable to grow trees
enough for the planting needed
in the national forests. The
states, however, might provide
for such distribution.
F. W. Rane, state forester of
Massachusetts, has offered 150
each of white pine and white ash
seedling for one dollar; also a
few seedlings and a stock of var
ious tree seeds for schools, for
the same price. Many accept
ances were received for both of
fers. Co-operation in such ef
forts is an excellent way for nur
serymen to stimulate a demand
for young trees. The seedlings
and seeds offered by Mr. Rane
gave the stock for an excelleot
school nursery. - Forestry and Ir
rigation. The importance of timber on
the farm is becoming plainer each
year. The usis and needs are
. i I
many, ana inese increase as the
farm becomes older. The one
feature of fencing creates within
itself almost a constant demand
for timber for josts. Iron and
stone are sometimes suggested
as the coming fence post This
sounds as though the farmer was
absolutely helpless in the matter
of supply. The farmer need not
look to any source outside his
land resources fop fence posts or
fuel, if he decides that he will
plan and produce these himself.
The grove of quickly growing
timbers will in a few years sup
ply fence posts and fuel for all
Auction Sale.
Saturday, April 11, commenc
ing at 1 p. m., corner of Fir and
Eighth streets, Hillsboro, the un
dersigned will offer for sale
household and kitchen furniture
and utensils, Consisting of wal
nut bedsteads, bedprings, dress
erand commodes, oak sideboard,
bookcase, hall tree, ladies writ
ing desk, sofa, rosewood center
table, walnut table, two walnut
stands, parlor and dining chairs,
rocking chairs,- sewing machine,
pictures and frames, Born steel
range, gasoline stove, rugs, dish
es, tinware, garden tools and
many other things that go to
make up household goods.
This is good furniture, not a
lot of cheap stuff. Come and
take a look at it 'and judge for
yourself.
Terms: All sums of ten dol
lars or under will be cash, over
that amount six months time will
be given on good bankable paper
drawing eight per cent
March 24th. 1908.
0. F. SHELDON.
B. P. Cornelius, Auctioneer.
For the information and bene
fit of a candidate for assessor in
a Southern Oregon county, Attorney-General
Crawford gave
an opinion Monday morning in
which he holds that all county
warrants are assessable for the
purpose of taxation under the
state laws. While not asked
to pass upon these questions the
attorney-general also says, oral
The Southern Pacific Pays Dam
age tor Death In Recent Wreck
Oiiier frooate News.
Estate of John Henry Kendall
or Kindel, deceased; E. I. Kur
atli, John Kuratli and Benton
Bowman appointed appraisers of
the property in Washington
county.
Estate of Sarah D. Bates, de
ceased; letters of administration
issued to J. E. Bates, as admin
istrator, he having filed a bond
in the sum of $8000; bond ap
proved; administrator authorized
and directed to execute and de
liver to the Southern Pacific Co,
a release of all claims against
said company as a result of the
death of Sarah D. Bates, upon
receipt from said company of
the sum of $4000.
Estate of Howard E. Bates,
deceased. It appearing to the
court that J. E. Bates has filed
in this court a bond in thfe sum
of $2,000 and that he is in all re
spects competent and entitled to
letters of administration, it is
therefore ordered that letters is
sue to him as such administrator.
It is further ordered that the ad
ministrator be authorized and di
rected to execute and deliver to
the Southern Pacific Company a
good and sufficient release of any
and all claims against said com
pany upon payment of the sum
of $1,000.
Guardianship of Florence W.
Bates, a minor; ordered that J.
E. Bates be appointed guardian
and it appearing to the court that
ly, that not only county" warrants said J. E. Bates has filed a bond
Estate of Lenuel S. Foster, de
ceased; final account filed and
Monday, April 27, at 10 o'clock
a. m. set for time for hearing
objections for final hearing.
Guardianship cf John Sum
mers, insane; E. I. Kuratli, guar
dian, authorized to pay Chas. J.
Schnabel $8 for costs in issuing
citation in this case.
Estate of Mary J. Sutherland,
deceased; 'administrator author
ized td-scR ptvsiOiiai property be-'
longing to said estate.
Guardianship of Annie Rich
ter, et als. minors; bond filed
and approved: Pauline Peterson
named guardian and E. C. Luce.
J. C. Hare and R. II. Greer ap
pointed appraisers of said guar
dianship estate.
Portland and Return, BOc.
From now until further notice
round trip tickets from Hillsboro
to Portland and return, will be
sold at 90 cents, good on Satur
day 1:43 p. m. and Sunday trains,
and returning on any Sunday or
Monday train.
WM. McMURRAY,
G. P. A.
Death Was on His Heels.
Jesse P. Morris, ofSkippers, Va.,
had a close call in the spring of
1906. lie says: "An attack of
pneumonia left me so weak and
with such a fearlul cough that my
friends declared consumption had
me, and death was on my heels.
Then I was persuaded to try Dr.
King's New Discovery. It helped
me immediately, and after taking
two and a half bottles I was a well
man again. I found out that New
Discovery is the best remedy for
coughs and lung disease in all the
world." Sold under; guarautee at
the Delta Drug Store. 50c and $1.
Trial bottle free.
but those of state, school districts
and municipal cities, as well as
bonds, are not exempted from
taxation under the state statutes.
Heretofore it has been generally
supposed and many brokerage
firms have advertised that the
negotiable instruments were not
subject to assessment and taxa
tion and much revenue has doubt
less been overlooked on that ac
count. 0
Go to Palm'ateer's Confection-
ery tor ice cream, rresn uy
sters, Oyster Cocktails, Choice
Confections, Hot or Cold Drinks,
Sandwitches, Cigars, Tobaccos
and Pipes.
L. J. Palmatecr, Prop.
in the sum of $4000 as such guar
dian, it is ordered that letters
of guardianship issue to J. E.
Bates as such guardian, and it is
further ordered that the guard
ian be authorized and directed
to execute and deliver to the
Southern Pacific Company a suf
ficient release which said minor
may have against said company,
upon payment 01 the sum 01
$2,000 by said company.
Estate of Wm. W. Lyda, de
ceased; order for hearing objec
tion to the sale of real estate con
tinued until Friday, April 3.
In the matter of the estate of
R. L. Cate, deceased; adminis
trator given until April 15 to file
inventory and appraisement.
Party Rates.
Agents along the Southern Pa
cific Lines in Oregon are hereby
notified that beginning February
20, a round trip rate of one and
one-third fare between all joints
on Southern Pacific Company.
Oregon Lines, may be made for
ten (10) or more bona bide mem
bers of regularly organized thea
trical, operatic or concert com
panies, glee clubs, brass or string
bands, base ball clubs, foot ball,
polo or basket ball teams, travel
ing together on one party ticket
for the purpose of giving public
entertainments.
Also a one . and one-third fare
rate . for the round trip may be
made between the points named
above for twenty-five (25) or more
persons traveling together on
one party ticket; this twenty-five
party is not confined to regularly
organized companies or troupes,
but is open to all.
Wm. McMURRAY,
General Passenger Agent.
R. Lee Sears has just received
his spring line of base ball sup
plies. Call and see them.
OMILTON-BBOWH SHOES
There's a lot of satisfaction in a shoo which
after month's of wear, needs only polish to
'look like new." You will find comfort, ease
and profit in the HAMILTON'-IUIOWN SHOES.'
Your children will want something pretty
ami good. Come and see our SCHOOL SHOES, no better made.
No belter can be made. Our guarantee goes with every pair.
$H0tQ5. A
1 1 1 : 1- ' r
o I r rsrr
Our Line of
GROCERIES
is the finest in the county.
Everything usually carried by an up-to-date
Grocery House. Our immense sales make it pos
sible for us to carry strictly fresh goods. N6t a
shop worn article in the establishment.
JOHN DENNIS
The old reliable Corner Grocery and Shoo Store