PAGE SIX
w.r
MEDFOUD MAIL TRIBUNE. MEDFOUI), OftKCiON THURSDAY, .TANUATJV 25, 1912.
BRYAN HANDS IT
ONE TO HARMON
Redhat Denunciation of Governor of
Ohio Is Published in the Commoner
Says Claims of Executive Are
Unfounded.
Attractions at the Medford Theatre
SCENE FROM "THE ROSARY," OPERA HOUSE, TUESDAY, JAN. 30.
LINCOLN, Noli., .Tun. 25.- Kedhot
denunciation of Governor ltnlon
Hnrmon of Ohio, one of the candi
dates for tlio democratic politic.il
nomination, is made by William .1.
Bryan today in tlio current isuo of
tlio Commoner. The nrtiolc says:
"Fifty measures, many of them
distinctly of a progressive uatnre,
l ailed to become laws in Ohio be
cause, the governor did not sign them
within tlio period required by the
constitution. Now the malingers of
the Harmon campaign are endeavor
ing, through the medium of circulars
and onmphletK, to induce the people
to nccept him as a progressive demo
crat.
"The pamphlets arc intended to
ahow that Governor Harmon's strong
personality and leadership is re
sponsible for the ennetment of splen
did laws by the 1911 session of the
Ohio legislature.
"A number of the claims urged in
the governor's behalf have been
proved, by the record of the session,
to bo unfounded."
HIHHgnLVKr' ji i rri KWinBttdKV&llM -.- v Jia .r-VSS b4,vvn
WBHwHlinnHHHiliMl
HBBBra9BSHHHHHov -
HEAVIEST RAIN
OF YEAR FALLS
During Present Storm Over an Inch
FallsPrediction for Friday Is
for Clear Weather To Be Colder
Soon.
"The Kosnr.v," as priM-kdul '
Rowland it Clifford, 1- repeating with
as much success as the play had in
its debut last season It will be seen
at the Medford theater Tm"da,
Janunr.v 30, with a i-at including
Harrison J. Terry as Kather Kelly.
The theme of the ploy concerns a
man and a woman happily married.
They are surrounded with every lux
ury of wealth and hnppinex. 'Hut
the husband is mi unbeliever, an
atheist without f.uth of nv kind.
rhere 1 a jarim.; 'sole 11 the house
hold Itumimiv. No line notice- it un
til a Irit-nil ot (lie luisliauil comes,
Father Itrtnn Kcllv, a priest of the
modern world with a deep insight into
human nature and a divine loe for
hi- feltuwlnnu. And when trouble
comes, when the home is wrecked,
and husband and wife are brought
down to the depths of suffering
agony, it is the priest who restores
both into the sunlight ot hope and
loe.
DECISION OF THE SUPREME COURT
WHICH KNOCKED OUT ROAD BONDS
"With 1.11 Inches of rainfall re
corded at noon today tho present
storm has proved tlio heaviest ot the
season.
Colder weather Is predicted for to
night and clear weather Friday.
NEW BUILDING AND
LOfSN ASSOCIATION
The Pacific Building and Loan as
sociation of Tacoma has organized a
branch association in Medford with
the following gentlemen as the local
advisory board and managers: W. I.
Vnwter, president of tho Jackson
County bank; G. L. Davis, president
of tho Farmers and Fruitgrowers'
bunk; H. C. Gumett of the Garnett
Corey Hardware company J. H.
Cooley, president of the Medford
Lumber company; II. A. Thierolf, vice
president and manager of the Big
Pines Lumber company; the V. T.
York & Co., real estate dealers, and
the Builders' Specialties company.
J. P. Butler of 720 Wet Fourth
street has bean appointed solicitor
for tho company in Medford. The
association guarantees 7 per cent to
investors, but it has never paid lesn
than 11 per cent. The association
will furnish outside money for loans
on Medford properly.
MISS RUTH M1DLE
TO BE MARRIED SOON
(Continued From Page Onei
Cards are out announcing the com
ing marrlago of Miss Ruth McArdle,
tho beautiful und accomplished
daughtor of Air. and Mrs. John Do
Solos McArdlo, well and favorably
known pcoplo of Medford and Los
Angoles, and who have extensive
orchard Interests near Medford, to
James Ralph Canterbury, a promi
nent young attorney of Los Angoles.
The ceremony Is to take placo at
Christ's church, In Los Augolos, on
February 7, to bo followed by a re
ception to tho young couple,
Mr. and Mrs. Canterbury will ro
aldo at 427 Alvarado street, Los
Angoles, where tho groom has pre
pared an elegant new homo for his
brldo.
Thought Suffrage a Joke.
PORTLAND, Ore., Jun. 25, Wom
an suffrago carrlod In Washington
Btato two years ago because the men
"voted for It as a Joke," declared
Mrs. Mary Stevens of Puget sound,
addressing Oregon suffragettes here.
She wants Oregon votorB to play tho
same Joke.
a question can be worked out in that
manner.
As stated by Judge Bean in Slate
ex rel vs. Rion. 20 Or. 303, ''an elec
tion,, iu order to be valid, must be
held iu pursuance of the provision
of some law authorizing it, in force
at the time. There is no inherent
reserve power in the people to hold
an election." Iu that cae the act
incorporating the city of Portland
provided that the governor should
appoint a board of three police com
missioners who should hold office
for one. two and thrco years re
spectively from the first Monday in
July, 1SSS0, their recneelive terms
to be determined by lot and, com
mencing with the general plectiou to
be held in the citv on the fVird Mon
day in June, 1SS7, there should, be
elected annually one commissioner
who should hold his office for three
years and until hie successor should
be elected and qualify. All va
cancies wore to bo filled by appoint
ment made by the mayor with the
consent of a majority of the conn
cil. The commissioners were to take
the oath of office required of the
other city officers and enter upon
their duties within 10 days after their
appointment by the governor or on
the first Monday in July succeeding
their election when elected by the
people. Joseph Simon was appointed
by the governor one of the corninw-
sioner and secured the three-year
term 111 tho allotment; before his
term had expired thu legislature
amended tho act creating the com
mission. In sub-dance the amend
ment was the same a the former net
except that all provision concerning
appointment by tho governor, term
of office, time and place of election
of those officers wore omitted mid
the following inserted iu lieu thereef:
"The police commissioners now in of
fiue shall hold their respective offices
until their successors arc elected and
qualified."
The mayor's power of appointment
was also limitod to vacancies caused
by death or resignation. At tho city
election following this nmendmont.
Itichnrd Evordmg was a candidate
for tho office of police commissioner
mill rcceivod nil the votes cast for
in that case in this way to the mat
ter in hand. The legislative power of
the state has prescribed with great
detail a manner of electing public
officers and by the initiative and
referendum system and legislation in
pursuance thereof it has provided a
maimer of voting upon legislative
questions by the people, but it has
not in any manner established n
method of taking a vote upon the
question of incurring indebtedness by
counting iu excess of the origiuul con
stitutional limit. 'For the reason that
the authority to declare the time and
maimer of conducting such elections
UMn such a question is vested in the
law making Mwer of the state, either
in the legislative assembly or iu the
IMjople at large, and that no such ac
tion has been taken, no prerogative
is vested iu county courts, to call an
eloction on such a question.
As a restraining, negative force,
the amendment in question is self
executing. The mere fact that debts
for iwmnanent roads shall bo incurred
only on approval of the majority of
those voting 011 the (Uiostion, does not
give affirmative authority to incur
such monetary obligations or to hold
an election for the purpose of ascer
taining the will of tho people on the
question. Kven if wo could imply
poitii- authority from the terms of
the ameiidiaont, the utmost that could
be said of ti is that it enunciates' the
priuciple but does not promulgate any
plan for carrying it into effect. A
('(institution usually duos not deal
with details of execution mid for con
structive purposes it cannot be held
to be self executing unless it pro
vides a reasonable procedure for that
purpose. As said by .Justice TCiikin
iu Stevens vs. Benson, SI) Or. 2IJ0,
!)l I 'ao. S77, "A constitutional provi
sion is said to do self executing if it
enacts a sufficient rule by moans of
which tho right given may bo en
joined and protected. The language
used, rr well as the object to bo ac
complished, is to bo looked into in
ascertaining tho intention of the pro
vision." See also Long vs. City of
Portland, 5!l Or. 1)2.
In Cooloy's Constitutional Limita
tions, jRoveuth edition, pago 802, that
learned author very aptly says: "Tho
voice of tho people acting in thoir
soveieigji capacity can bo of legal
force only when exnrossod at the
nouueed by Iho luneiidiuenl that debts
1 for peiniuuenl roads shall bo in
curred only on approval of the ma
jority of those oling the- Urs
turn, vet necause the tiniendinenl did
not provide a means of ncertiinlng
the will of tho majority of those
voting on the question, and none has
been otherwise unthorUed by legisla
tion, the constitutional amendment
alluded to is not in tliut respect self
executing an dthe will of the major
it v was not legu.li scerlaiuod by the
proceedings of the county court iu
respect to the election mentioned in
the answer. The restriction upon
the creation of debts for the purpose
named was not legitimately removed
and hence the election did not amount
to any authority for the county court
iu it- attempt to issue and nego
tiate bonds.
I nder the legislation ns thus fur
adopted iu this slate, no county is
authorized to borrow money or to
issue bonds. The legislative power
has prescribed the form of the obli
gation of tho county for its indebted
ness to be in the shape of county
orders or warrants. Thi being tho
rule for evidencing iudebtednes.s '
the county it must he held to exclude
every other method iu tho absence of
further legislation. lpoii good reu-
mii, there is a very material differ
ence between borrowing money and
incurring an indebtedness. As very
fittingly suid by Justice Selden iii
Ciolohuui vs. City of Buffalo. II N.
V. ;t.(i, ,'100, "u critical examination
will show that there is a very ma
terial difference between the two. If
the power of the corporation to use
its credit is limited to contracting di
rectly for the lU'coniplUltiucul of thej
object authorized by law then the
avails or consideration of the object
authorized by law cannot be diverted
to any illegitimate purpose. The con
tract not only creates the fund but
secures its just appropriation. On
the contrary, if the inouv tnnv be
borrowed, the coqxiration will be li
able to repay it, although not a cent
may ever bo applied to the object for
which it was avowedly obtained. It
may be borrowed to build a market
and appropriated to build a theater.
nud yet the eorjHiration would be 11
sponsible for the debt. The lender
is in no way accountable for the use
inndo of tho money."
It is not necessary to decide here
whether counties have the authority
to legislate under the provisions of
section 1 (a) article IV of the con
stitution, for it U not pretended that
Jackson county attempted to engage
in legislation according to the plan
delineated by the, enabling net of
11)07, L. 0. L. .paragraph .1170 ct
eq, or otherwise. Tho procedure was
purely administrative in its nature
and not legislative. (These defend
ants seem to have assumed that it
was lawful to issue interest ben ring,
negotiable bonds without reference
to the present statute evidencing!
county indebtedness by menus r.fj
county orders.) The thing which"
appears to have been done by the
county court was to call an election'
for the single purwso of nscertam
ing whether tlie majority of those
voting at that election iisn the ques
tion submitted would approve the Cro
atia nof a million and a half dollars
of indebtedness to be secured by
bonds issued for tho purpose of bor
rowing that amount of money or so
much theerof as might be necessary
for the puroo of constructing per
manent roads in the county. No
initiative petition innugurnting any
legislative process appears in the
record. In deed it does not seem to
be contended fur tho defendants that
they observed any of tho rules pre
scribed by legislation for the manner
of exercising the initiative and refer
endum powers reserved to the people
of tlio several municipalities nud dw
ttiels mentioned iu section I (a) ol
artielo IV of tho constitution.
(In our judgment, (ho distinction
between incurring indebtedness and
borrow yig money for uuy specific
purpose is well founded iu reason,
that iu tho absence of fiu'llier legisla
tion upon tho subject no county is
authorined to depart from tho rule
already established iu respect to evi
dences of county indebtcdnots, nud
that, tho issue of negotiable iuloiest
hearing bonds is not anlhoiined by
tho law iu its present condition. For
these reasons the decree of (he cir
cuit court is reversed und 11 deeioe
here entered iu accordance with the
prayer of tho complaint.)
BKAN. J, (Concurring)'-''! concur
in the result of this opinion but do
not give my assent to tho following
expressions, namely: "It is clear,
however, that until tho legislative
Miwor of the state has doclatcd that
an election shull br held on a pailicu
lar kind of question no decision of
such n question cuu bo worked out
in that manner."
This would appear that no enabling
not has been passed. Ami further:
"The legislative power of the stole
has prescribed with great detail a
milliner of electing public officers nud
by the initiative and referendum s-
lem and legislation iu purMiunco
thereof it has provided a manner of
voting upon legislutivo questions by
the people, hut it hits not iu any
manner established a method of tak
ing a vote upon the question of in
curring indebtedness by counties iu
excess of the. original constitutional
limit. For tho leasou that tho au
thority to declare the lime nud man
lier of conducting such election upon
such a question is vested iu the aw
making power id' tho state, either iu
the legislative iissembly or iu the poo
pie at large, and that no such action
has been taken, "
And " yet because I lie
amendment did not provide a menus
of uscertainiiig (he will of the uiajor-l
ity of those voting on the question,
and none has been otherwise author
ized by legislation, "
My views umiii a kindred question
urc expressed in an opinion Ibis day
rendered iu the case of Schubel vs.
Olcott, mid it is uiiueressary to fur
ther indicate them here.
JJAKI.V, C. J., nud MeBlMDi:, J.
We concur iu tho result reached by
Justice Burnett, but are of the opin
ion that the county can, by u local
law submitted to the voters at a regu
lar election, provide for creating an
indebtedness and the issuance of
bonds for the parjHtse of building
permanent roads.
Hnsktns for health.
CHARLIE W
IS
NJURED
Falls and Hurts His Ley So Serious
ly That Ho Cannot Walk Is Bo
Inn Broiinlit In Tntlny From Wnst-vlllo.
Italy maintain:;
she was right
Still Holds tlm 20 Turkish Boil Cross
Nurses Captured Abonnl tlm
French Merchantman Manoiiha
Will Submit Matter Iu Arbitration.
Charles (lay, who is in ohni'KO id'
the commissary at Wostville, Honor
Camp N'o. I, had the misfortune to
fall Wednesday and so seriously in
jure his leg that ho is unable to walk,
lie is today being brought in from
the camp for medical treatment.
Particulars regaiding tho accident
were not slated.
HUNDREDS OF DESERTED
CHURCHES ARE IN OHIO
COH'MBl'S. Ohio, Jan. 'Jl. "Sin
tisfies show that theie are over ;itUt
deserted nud unused chinches iu the
slate. Fil'ty-llve townships report no
church members under 'J I years of
age, and lilt) townships repot t no
members under IS your of age.
- "U'luit is the unison?" usks A. P.
Snudlos, secretary of the stale boa id
of agriculture, iu a general loiter In
ministers of Ohio.
"Country church attendance bus
decreased. In many places there is
only a 'meeting house' instead of a
church. Ministers are talking to too
many empty benches. Social faim
life is disappearing. Drift towaid the
city has decreased the population in
four-llflhs of our rural township,"!
rnuuics couiiiiuoa.
"Weeds instead of flower and
shrubs disllgure churchyard. Too
inaiiy young people are without in
stead of within the fold of the Sun
day school and church."
.Sandles hits also stirred up the
people oil the subject of country
schools.
"There are too many frills in the
schools," says Saudlos. "Touchers
tell me that their pupils know very
little about tho inistory of their own
country and their own state. They
arc taught too much about Africa and
ItO.MIJ. Jan. U. -Malnliilulug her
right, under tho International code,
of capturing nud Nimreblug vodhoIh
of iieuirnl tuitions when thuy nro sus
pected of carrying 'contraband of war,
Italy I nut today preiieutcd to Franco
her vIcwh 011 tho coutiovnrxy, nud
oxpioMMod her wlllluuiiiws to atbl
Irate tlio matter. KI10 still holds,
however, tlio ait Turkish red crow
iiurscH captured aboard tho French
merchantman Mauoulm.
Prouder Olollltl, Foreign Minister
Marquis dl tftill OiiIIImiio and tho
I'reitlli ambassador to Italy, t.'amlllo
llnrrere. conducted tho uoKutlittlous.
Duly has signified her wlllluguess
In submit tlio cane to 'I bo Itiiguo
tribunal and to pay Indemnity If
found guilty of n broach of the In
ternational lawn of war.
POItTI.ANI). Ore.--According to a
IIhI of (may lie) roadsters, compiled
by Mannger Williams, thorn prob
ably will bo 3fl prospective diamond
Mtars Iu bis squad when tlio Portland
Northwestern league team gosa Into
spring practice. Of llioso, 27 will bo
regulars and tho riomiiudor aspirants
who will try out for tho toum at
their own expense.
Asia and not enough about tho United
States.
"Itopnrl received from 'JflllO ilollOol
districts Indicate that school are not
doing mm good work as IS years Hgn,
nud that there is not enough of good
old three Its --rending, 'riling and
'rilhmetie Inughl," Saudis con-eludes.
Haaktna for hcnltn.
IfsHihArJt
vsvwwtvwey 0
7
Skefed
at rouNTAiNc.Horcin.on cLacwHcnc
Gel the
Original and Genuine
HORLIGK'S
MALTED MILK
"0ticb&aic Jmitatitfn
The Food Drink for All Ages
RICH MILK, MALT CJtAlH EXTRACT, IN fOWDU
Not in any Milk Trust
Insist on "HORLICK'S"
Toko a paobdtfo bouts
MOTHER GRAY'S
SWEET POWDERS
FOR CHILDREN,
ACorUlnlUllaMorl'nverlfhnra.
CanMlpntlaa, II bm lnr he,
-m w n u u wm a rriniiiM
rrm, nd Driitror
Mtouinrli Traub
iilnarti
Wo
iriim. -ihtilirruu up ."
tnoun. aiii
Ol M-M.ila .nftllftri Sill
tnriubttitut. A. S, OLMSTED, L Roy, N.T.
1UlIfttB- li.4lhn.rt.
Don't sectpt Himjil mill K
HDruMHti. 11CI4
IIKIt AclOIMI,
A Man Who Has Something to Say
DR. WM. PARSONS, D. D.
OF PORTLAND
Will be heard at the Presbyterian
Church in six days
vvvvvvvv '
tho office. Tlnviior InIv minliflcil. l,n
donmuded from Kinion iho possession ti,ll0s "'"I ",1(-'i" " eowlitioiiK which
of tho office which was refused. lll0v ll'onisulvos have proscribed and
You Can't Be Unlucky
AT THE
Golden Rule's Big Package
Begins 9:00 A. M. Friday, January 26, 1912
Sale
HaBldnd for health.
lienco tho proceeding in that case.
Although tho act provided thul'tliv
police commissioners should hold of
fice until thoir successors were duct
ed and qualified; although (here wan
a provision yi the charter for a non
cral elootion at which oilier officers
should bo elected, yot inasmuch as
tho act did not provide for an elec
tion for tho particular office in ciuoh
tion, Iho court, a ft or mature coij-
Isideration, iu 11 carefully reasoned
opinion by Justice I loan, held that the
election at which Kvordinjr was a
candidate and received all the votes
was a nullity and conferred no right
I lipui llllll IO l IIC (HJll'C III (IICiIIOll,
I Wo apply the principles announced J
pointed out by the constitution, or
which consistently with tho constitu
tion has boon proscribed nud pointed
out for tltuni by statute and, if by
any portion of tho people, however
large, an attempt should bo made to
interfere with Iho regular working of
tho ageiicios of government at any
other lime or in any other modo than
as allowed by existing law, cither
constitutional or statutory, it would
bo revolutionary in olmracler and
mutt be resisted mid reproved by
tho officer who, for tho time buiug,
reprosonts tho legitimate govern
ment. Wo conclude, (hen, thai nohvilli
Htuiiduig (he principle liny been nil-
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Tlundrpds of packages, continuing Ladies' "Waists, less Hum HOo worth in any package, and some am
Handlings, Belts, 1 Tats, Music Rolls, Humidors, Pic- worth up to 5.00. In the entire lot there are not
turns, Rain Capes, Blankets, lUen's Shirts, Shaving over a dozen packages but what contain over f)0c
Mirrors, Pipe Hacks, Jewel Cases, Bed Slippers,
Embroidered Hose, Bath Rugs, Cloves, Tapestry
Bags, Velvet Bags, Cigar Jars, etc., etc., etc, YOUR
PICK OP THE BUNCH FOR 50 You can't get
worth of merchandise. Bo suro to buy a package
You can't lose. No exchanges made. No money
refunded.
THE GOLDEN RULE
AKINS, BENTON & CO.
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