THE PROH1 CONVENTION.
to cover every county in the state if it
had the required city and mapped ter­
ritory on the one hand, or the elevated A
' Full County Ticket Placed in the Field.
HARDING £ HEATH, Publishers.
the County Conrt.
Great Enthusiasm.
railroad on the other. (In the matter of
the
application
of
Church,
92
N.
Y.,
1).
SUBSCRIPTION RATES.
The road tax matter has been the '
Last Saturday some 125 prohibition­
In the case of West C. P. Com. vs ists
.
One Copy. per year, inadvance................. $1 00 subject of considerable talk since the
from all parts of Yamhill county
Ona Cepy, six months in advance.............
»0
publication of tlie opinion furnished the McMullen et al., 'decided by the su­ assembled at the courthouse and pro­
X
preme ceurt of Illinois, in 1890 involv- '
• VV
Entered at the 1" js toffice at McMinnville city by McCain & Magers. Following I ing a similar question, the court says: ceeded to place before the people a tick­
is tlie opinion of Ramsey & Fenton, of
et composed of men holding the prohi­
Oregon, as second-class matter.
this city, which has been obtained by “An act in general terms, which per­ bition belief. C. E. Hoskins of New­
mits all cities in the state having parks berg was elected chairman.
T he advertising R ates or T he T ele ­ the county court. Both opinions have
phone -R egister are lil>eral. taking in been published in this paper and the under tlie control of park commission­
A new method in making the ticket
consideration the circulation. Single people now have the chance of reading ers to surrender the control of streets to
was used. A committee was appoint-
inch. |!.O9, each subsequent inch. 1.75.
such commissioners for park purposes, and it produced the ticket. The men
Special inducements for yearly or semi- both sides of the question.
is not unconstitutional as being special
yearly contracts
lion«. 117n. Galloway, I). B. Kingery, legislation, although by reason of the who will go before the election in this
J ob W ork N eatly *A ni > Q uickly K xe < uted
and Thon. IF. Perry, Member» of the option given the city authorities it county in June are:
at reasonable rates Our facilities are
Joint Representative—G. W. M itch -
County Court of Yamhill County.
the best in Yamhill county and as good
may not be adopted by all cities hav­
E] : lt .
as any in the state A complete steam
Gentlemen:—You having consulted ing parks under the control of park
plant insures quick work.
Representatives—B. F. H artman ,
us as to the constitutionality of see. 4 of commissioners. Nor is it unconstitu­
• * »
R esolutions of C ondolence and all O dit - the act of the legislative assembly of tional although it may be applicable to ( J. E. H oskins .
nary Poetry will he charged for a t regular
Commissioner—W m . H emstock .
this state providing for the levy of a the conditions existing in only a single
advertising rates.
Clerk—G. D. F lesher .
• * *
r,
road tax of two mills on the dollar, and city in the state.” (10 L. R. A. 215),
A ll CoMMVXtcATloss M ist 15 k S igned B y
Sheriff—E. J. E sson .
a
road
poll
tax,
approved
Feb.
25,
1889,
The
legislature
of
Missouri
passed
an
the jwrson who sends them, not for pub­
Recorder—O. C. E mery .
lication, unless unaccompanied by a "non and we having considered said ques­ act giving the state in capital cases
Treasurer—J. W. R ogers .
de plume,'’ but for a guarantee of good tion with some degree of fullness, have
eight peremptory challenges generally,
faith. Xo publications will be published
Assessor—F. H arbaugh .
reduced our conclusions and our reasons but providing that in all cities having
unless so signed.
School Superintendent-N. G. H art ­
therefor to writing.
*
*
a population of one hundred thousand
A ddress A ll C ommunications
. E ither IS
tor
The constitutionality of this act is at­ inhabitants the state should have fif­ ley .
the editorial or business departments, to
Coroner—W. T. P illman .
T he T elephone -R egister . McMinnville, tacked on the supposed ground that it teen peremptory challenges.
Oregon.
Surveyor—A. C. C handler .
In Soft or Stiff IZats and all ZPrioes.
is a special or a local law, and, hence, •
It
was
claimed
that
that
portion
of
*
*
Great was the enthusiasn and some­
S ample Corns Or T he TaLtrHox«-R egis ­ repugnant to subdivisions 7 and 10 of said act increasing the number of chal­
thing over $100 was raised on the spot
ter will be mailed to any person in the
United States or Europe, who desires one, sec. 23 of Art. IV of our state constitu­ lenges in cities of one hundred thous­ for campaign expenses. It is confi­
Just Received direct from Boston and Chicago a VERY’ LARGE AND FINE LINE OF MEN’S SHOES and have a larger Assortment
tion, which prohibits the passage of and inhabitants was local and special
free of charge
» *
dently
expected
that
at
least
300
pro
­
than any other store in the County. Don't fail to get our prices on this line of goods liefore buying.
special or local laws for laying out, and therefore in violation of that clause
W e I nvite You To C ompare T he T ele ­
hibition votes will be polled in tlie
phone -R egister with any other paper opening or working on highways, or of the constitution of that state prohib­
have
an
Immense
Line of MEN’S FURNISHING’GOODS and are Headquarters for NOVELTIES IN FINE SHIRTS, TIES, COL­
We
county this year.
published in Yamhill county.
for the assessment and collection of iting
j
the enactment of local or special
LARS, CUFFS, ETC.
taxes for road purposes.
] laws regulating the practice in judicial
ADVERTISE» I.ETTER LIST.
We have the only MERCHANT TAILOR SHOP IN THE COUN­
All tubecribert who do not receive their Subdivision 4 of tlie act referred to j
proceedings. On this point the su­
TY, and we carry a LARGE LINE OF PIECE GOODS to select from,
paper regularly will confer a favor by im­
j
court of that state says: “It (the Thia Lint is Published Fxcluslvely in this nil Frst Class Union Tailors to make them up. We Guarantee a fit and
mediately reporting the tame to this office . contains tlie following provision, which preme
Paper Every Two Weeks.
it is claimed, is special and local, with- act
( referred to) is not a special law, be­
our prices are reasonable. Give us a trial in this department.
in the constitutional prohibition cited cause it applies to all cities having a
Don't forget the place. WE ARP) NOW IN OUR NEW STORE. UNION BLOCK.
Thursday, April 14, 1892.
Following
are
the
letters
remainingfor
to, to-wit: “Providing that in counties population of over one hundred thou­
containing ten thousand inhabitants, sand
,
inhabitants; it applies as well to two weeks in the postoffiee at McMinn­
Harrison has stated that it wotdd or over, the county court of such coun­ the future as to the present and is ville, Oregon, April 13, 1892:
have given him great joy to have ve­ ty in the state at the time of levying plainly distinguishable from the notary Byers, C W
Reiche, J S
Rezold, A L
D L
toed the silver bill.
taxes for county purposes, may levy a act discussed in state vs Hermann, 75 Calvert,
Callison & Booth, Robinson, W W
tax upon all the taxable property illite
Mrs Cora Sailing, Al
The house has at last passed the free county, not to exceed two mills upon Mo. 340.” (State vs Hayes, 4 West Eartie,
Turner, Maud
Moon, Thos
rep.,
666).
wool bill by a vote of 194 to 60. This the dollar,” etc., etc.
Wright, Daisy
Miss
In the state vs Hawkins the su­ Morall,
_v_ ,_______
action is tardy, but comes better now
Maitland Wrage, Mrs A
We have cited only such parts of the preme court of Ohio held: “That a law _ Payne,
Yocum, Miss Ada
than never. Had it lieen passed months act of 1889 as bear on the point attempt­
applying to a certain class of cities,
Parties calling for the above letters
ago the election in Rhode Island would ed to be made against the validity of
fixed by previous legislation, into will please say “Advertised.” If not
have been a democratic triumph.
said act.
which other municipal eoporations called for in two weeks they will be
The question for solution may be may enter and from which they may sent to the dead letter office as “un­
The democratic house should go to
stated thus: Is that portion of the act pass iuto other classes, by increase of claimed.”
J. C. C ooper , P. M.
work energetically on the tariff and do
quoted a special or local “law" within population, is not special, but general,
all that is possible to relieve the people
Died
the constitutional prohibition quoted since the grade of any particular city
of the burden of a high protective tar­
»upraf
iff. They were elected on that issue The term “special” used in the con­ is not designated by the act, but may,
eed —Daisy Irene, aged 14 years, 7
and should do their duty. They have stitution is synonymous with “private” by such growth, pass from one grade W days,
April 7, 1892.
to another.” (3 west rep., 125).
commenced in a proper manner.
She died as she had lived, sweetly
as used in the common law classifica­
In the case of the people vs Hoffman
and peacefully, bearing the suffering
The republican eampaigu has com- tion of laws. In the case of Allen vs the supreme court of Illinois stated the
of her last days with marked patience,
Hirsch,
8
Or.
Rep.,
422,
our
supreme
rule
thus:
“
This
election
law
is
not
lo
­
menced in Michigan. Some 150 labor­
the funeral services, conducted by
ers were discharged by their bosses for court sr.ys: “So, also, special statutes cal or special because of the limited
Rev. R. McKillop, were held at her
are,
according
to
the
common
law
def.
number
of
cities,
towns
and
villages,
voting the democratic ticket. They
had heretofore been herded to the inition, synonymous with private stat­ which may have adopted it. It may late home. There were many present
rather be said of it that it is general be­ to sympathize with the family in their
polls and voted. The secret vote al­ utes.”
Blackstone
says:
“
Statutes
are
either
cause of the possibility that all cities, deep bereavement.
lewed them to do as they pleased, with
general
or
special,
public
or
private.
A
towns and villages may adopt it,” etc.
the above result .
general or public act is a universal rule ' The cases cited are sufficient to show
The republican party in convention that regards the whole community ;and that the act under consideration is
assembled did a very great thing when of this the courts of law are bound to ’ neither special or local, and is there­
the nomination for judge in this dis­ take notice judicially and ex-officio. fore constitutional. It applies to a
Impure or vitiated blood Is nine
trict was given to Geo. H. Burnett, Special or private acts are rather excep­ class as such and not to one or more
times out of ten caused by some
form of constipation or indiges­
and Judge Boise, who has served as tions than rules, being those which 1 counties by name, and the provisions
22i
$1.00 15 “ Chailie, formerly 10c yd 1.00 Arbuckles coffee per lb
tion that clogs up the system, 15 yards Cabot W sheeting
judge for. thirty years or more, was only ojierate iqsin particular persons 1 of the act are such, that all the coun­
when the blood naturally be­
u
a
Green
“
“
“
.22«
1.00
14
“
Standard
blue
prints
1.00
14
slaughtered. If a Ijoy in law, obstinate and private concerns. ” (1 Bl. Com. 85). ties of the state as fast as they obtain
comes impregnated with the ef­
ti
It cannot be reasonably contended I the requisite population may avail
1.15
as a mule, without judgement, is pre­
fete matter. Theold Sarsaparilla! 12
bleached Hope muslin 1.00 19 pounds granulated sugai’ 1.00 Ladies pebble goat shoes
that
the
act
of
1889
is
a
special
or
pri
­
66
® attempt to reach this condition
• themselves of its privileges.
ferred to experience and knowledge of
1.5o
1.00
“
Dongola
kid
“
20
“
Extra
C
“
Lonsdale
“
1.00
11
attacking the blood with the
the law, the sooner the republican vate “Jaw.” It does not concern par­ There is no case in the Oregon re- dras’ic mineral by
46
1.35 Men's all wool suits heavy wt 9.oo
1.00 5 gallon keg sugar syrup
“ potash." The potash theory is 12
Apron gingham
party is ousted from control in county ticular ¡tersons or private concerns only. ■ ports antagonistic to the position here old and obsolete. Joy's Vegetable Sarsaparilla is
66
2.45
Pratt's
Astral
coal
oil
per
case
Standard prints
1-00
and state affairs the sooner justice will It does not pertain either to private taken. The act of the legislature held modern. It goes to the seat of the trouble. It 2o
l»e given to the supporters of the com­ concerns or particular persons. Hence, to be unconstitutional in the case of arouses the liver, kidneys and bowels to health­
there is no ground whatever for the Maxwell vs Tillamook county, 20 Or., ful action, and invigorates the circulation, and
monwealth.
contention that it is a special or private 495, has no bearing upon this question, the impurities arc quickly carried off through
the natural channels.
More stories of inaiiageabl« balloons act.
because the point there decided is dif­ Try it and note its delightful
coining from Germany and hovering Is it a local act? In his Law Diction­ ferent. The legislature had passed an action. Vitas, iec, «t Beamish's
over the Russian army posts and for­ ary Bouvier speaks thus of general and act providing for the building of a road Third and Market Streets. S. F.,
" I took it for vitiated
tresses in Poland are in circulation. local statutes: “They ar« either gener­ situated wholly iu the county of Tilla­ wriUs:
bioo.1 an I Willie on the first bot­
The people of Warsaw were amazed al or local—that is, have operation mook, and the court held that it was tle became convinced of its mer­
last week by a bright light which fell throughout the state at large, or within both special and local. In passing on its, for 1 could feel it was work­
upon the city from the sky. Great a particular locality. It is not easy to the Tillamook act, the court says: “We tag »cliatige. it cleansed, puri­
fied mid braced me up generally,
alarm was caused, but after a time the say what degree of limitation will ren­ are relieved of the difficulty which and
everything is now working full and regular.”
der
an
act
local.
Thus,
it
has
been
light was moved and the outlines of a
often arises in distinguishing whether
balloou were visible. Other balloons held that a public act relating to one an act is general or special when it con­
o Vegetable
have appeared, which advance aud re­ county only is noi local within cerns many particular persons or.things
tire, ascend and descend, remain sta­ the meaning of a constitutional provis­ for the act here concerns the interests
Sarsaparilla
tionary or move about in small circles ion which forbids enactment of local of one county only, and that designated
SOLD BY ROGERS BROS.
under jierfect control. Russian mili­ bills embracing more than one subject. by name.” We think there cannot be
i
tary authorities are greatly disturbed, (Die., vol. II, 663).
any reasonable doubt of the validity of
for if Germany possesses the secret of The act of 1889 is not limited in its this act. Village oracles may be found
Administrator's Notice.
successful balksin navigation the kaiser operation to any number of particular who would deny the constitutionality
is undoubtedly the military master of counties. It applies to all the counties of the decalogue or of Magna charter, Notice is hereby given that the undersign­
has been by the county court of Yamhill
in the state having ten thousand inhab­ but acts which have received the ap­ ed
Europe. _______________
county, Oregon, duly appointed adminis­
itants. If it applied to several counties proval of two of the co-ordinate trator of the estate of Joseph II. Hodge, de­
All persons, therefore, having any
THE CARTOON.
by name and not to the other counties, branches of tlie state government are ceased.
claims against said estate are hereby noti­
not
set
aside
because
of
such
denials.
eases could be found lioldiug principles
fied to present them to me duly'Verified at
The cartoon on the first page of this antagonistic to its constitutionality. In his work on constitutional limita­ the office of McCain & Magers, at McMinn­
issue very fittingly illustrates the con­ But it applies to a class of counties hav­ tions, Cooley says: “They (the courts) ville, Oregon, on or before six months from
bound so to construe the statute, if this 14th dav of April, 1892.
dition of the people who are benefitted ing a stated population, and, by future are
HIRAM RUMMELL.
practicable, as tc give it force and va­
by protection and these who are not. growth, others will be qualified to avail lidity, rather than to avoid it, or ren­
Admlnstrator.
McCain
»fc
Magers.
Attorneys.
The monopolists are supported with all themselves of its provisions. If it had der it migatory.” (219) Courts never
the good things of life and labor is cry­ been confined in its operation to those declare an act of legislature unconstitu­
unless its repugnancy to the fun­
Assignee's Notice.
ing for the necessities. The inhuman counties only, which had at the time of tional
damental law is so obvious as to leave
part of the protective tariff is in mak­ its passage the required population, its no reasonable doubt of its invalidity.
Notice is hereby given that I have been
ing the people already hungry still validity would tee doubtful; but it is not (20, Or., 507).
duly appointed assignee of the estate of I).
We believe the act valid, and so ad­ C. Cameron Co., insolvent debtors. All
continue to support the ones full to thus limited. As counties come to have
vise you. As to the effect of this act persons, therefore, having any claims
sickness.
the required number of inhabitants, within the limits of the city of Mc­ against said estate arc hereby notified to
It might be well to remark in con­ they become entitled to its privileges. Minnville, owing to tlie peculiar pro­ present the same to me, duly verified, at
office of McCain & Magers, at McMinn­
nection that the secretary of the treas­ The legislature of New York passed visions of the charter of that town, we the
ville. Oregon, within three months from
ury, in preparing his annual report of au act giving to the board of supervis­ have advised you orally, and need not this 14th dav of April, 1892
here.
JOHN H. WALKER,
1886, applied to Worthington C. Ford, ors of counties containing an incorpor­ repeat it Respectfully
Submitted,
Assignee.
chief of the bureau of statistics of the ated city of one 100,000 inhabitants
McCain & Magers, Attorneys.
R amsey & F enton .
state department, E. B. Elliott, the and territory beyond its limits mapped
United States government actuary, into streets and avenues, certain pow­
and Prof. Simon Newcomb, superin­ ers. This act was assailed on the ground
tendent of the nautical almanac navy that it was supposed to be a local act
department, severally, for an estimate and hence repugnant to the constitu­
of the number of persons in the United tion of that state. It was asserted that
States engaged in gainful occupations, but a single county in that state had a
classified as those who cannot be sub­ city with the requisite population and
jected to foreign competition and those possessing the other qualifications spec­
who can, in part, l>e subjected to for­ ified in the act. But the court of ap­ Your attention is called, to our Magnificent Stock of
eign competition.
peals held that it was not a local act, I
Each of the statistical experts made and that it was constitutional. In the
a report. Mr. Ford stated that the to­ opinion of the court it is said: “We ■
tal number of ]>ersons engaged in gain­ are satisfied that the law under which
fill occupations in the United States the present application was made is
i
according to the census of 1880, was constitutional.
17,392,000, divided as follows: Agricul­ It is not a local, as contradistinguish­ Of the Latest Styles and Best Quality at Lower Prices
ture, 7,670,493; manufacturers, me­ ed from a general act, and so is not
than ever offered in this market.
chanics and mining, 3,837,112; profes­ prohibited by the fundamental law *
sional and personal, 4,074,239; trade
*
A law relating to particular
aud transportation, 1,810,256, Retting persons or things as a class was said (in
aside the last two classes as not lieing another case referred to in 70 N. Y. 328)
We Deal on the Square,
subject to foreign competion, Mr. Ford to be general; while one relating to par­
arrived at the following result:*
ticular persons or things of a class
Population of the United States in was deemed local and private. The
gainful occupations not subject to for­ act of 1881 relates to a class and applies
eign competition, 16,564,914.
to it as such and not to the selected or
Population of the United States in particular element of which it is com­
gainful occupations subject to foreign posed. The class consists of every
competition, 827,184.
county in the state having within its
The percentage beiug 4.7 per cent.
boundaries a city of one hundred thous­
Mr. Elliot, by a different process, and inhabitants aud territory beyond
reached the conclusion that the num­ the city limits mapped into streets and Í
ber of persons who were directly sub­ avenues. How many such counties
jected iu part te foreign com|>etition there are now or may be iu tlie future,
was 825,000, or about 4J per cent,
i we do not know, and it is not material At the EVENDEN FARM, north of Happy valley,
Prof. Newcomb reported that his es­ | that we should. Whether many or few (the old Dick Longacre farm) seven miles, northwest of McMinnville.
timate of the number of persons sub­ the law operates on them all alike, and
W p call particular attention to this Celebrated Fann Wagon and invite you to compare them with any
I Hayrake.
ject to foreign competition was 905,585, reaches them, not by separate selection 15 Head of Cattle.
other in the Market. They are warranted against all defects and guaranteed |>etter than any other.
I Sow,
I Feed Cutter,
or 5 2-10 per cent of the industrial pop­ of «ne or more, but through the general
3
Dozen
Chickens,
I
Set
Harness,
ulation, concluding with the observa­ class of which they are individual ele-
I Wagon,
Plow, Harrow,
tion; ‘‘If trade were entirely free, the ■ meats.
*
*
*
*
It is said
Eolding
Sawing
Machine.
Planet Jr. Drill,
fraction of our present industrial popu­ there is but one such county and so it
Tools and other Implements used on a farm.
lation injuriously subject to foreign was said (in the ease in the 70 N. Y.,
competition would not exceed 7 ]>er before referred to) there was but one el­
TERMS OF SALE:—Sums under $10. cash: over $10, six months
credit with approved security at 10 per cent, interest, or five per cent,
cent.”
evated
railroad.
Neither
fact
at
all
In other words, 93 per cent of the
discount for sums oyer $10.
people are taxed to protect and enrich narrows the terms of the law. Thos«
MAKE IT A POINT TO SEE OUR GOODS BEFORE BUYING.
JAS. FLETI HER. Auctioneer.
terms in eaeli ease were broad enough
7 |»er cent.
THE OTHER SIDE.
THE TELEPHONE-REGISTER.
Ramsey
A
OUR NEW SPRING AND SUMMER GOODS ARE NOW IN
Ernten Furnish an Opinion for
OUR STOCK IS FULL AND COMPLETE
Our
Line of
It contains some of the Finest Goods ever broght to this city. We have both
Hound and Square Cut Sack and Frock Suits, and a Very Large Assortment of
Summer Goods and our Prices are Positively Lower than the same goods are
sold for in Portland. W e have clothing to fit the Large or Small, the Short or Tall.
MEN’S ALL WOOL SUITS AT S8.00 AND UPWARDS
OUU LINE or SATS IS COMPOSED £ LATEST NOVELTIES
WE HAVE A VERY FINE SELECTION OF STRAW GOODS.
KAY &
REDUCTION SALE!
Usually Merchants conduct Clearance Sales at the end of each season when their
Stocks are broken and incomplete with only remnants to select from. We are going to offer
A COMPLETE STOCK AT SALE PRICES!
As we have concluded to make a change in our business on or about Sept. 1, 1392,
In order to accomplish our object we must reduce our present stock, consisting of
$20,000 WORTH OF GENERAL MERCHANDISE
To $5000 or less if possible, if prices will be any inducement.
we have decided to make sweeping
Bad Blood
So in order to do so
REDUCTIONS IN EVERY LINE FOR CASH.
Our stock is no cheap auction trash, of which the country is full, but are good hon
est values. Below we quote you a few of our prices:
- -
“
And other lines m proportion. These prices are strictly for cash. Produce taken at
cash value. Prices subject to market changes
ME. HENDRICK & CO.
A. J.
APPERSON
Having leased and fitted up the Masonic Building, has
AND LARGEST STOCK
IN THE COUNTY
Spring and Summer Goods
Just Opened up and ready for the Trade.
Our Spring stock is, we think, exceptionally fine
An examination will satisfy all that
.hat in quantity,
auani
quality and prices we lead all competitors
Opposition Boot and Shoe Store.
ROOTS & SHOES!
DEALERS IN
t. IltlltllUIH.
FARM SALE.
ON SATURDAY MAY 7, 1892, AT 10 A. M.
Machinery,
Stoves and Tinware
Shelf and Heavy Hardware
Iron, Steel and Coal.
A Full Line of Blacksmiths’ Supplies Always on Hand.
PACIFIC WAGON
Racine Hacks, Carriages, Buggies and Carts,
Plows, Cultivators, Disc and Spring Tooth Harrows,
McCormick Binders and Mowers,
Baker and Glidden barb Wire,
Planet Jr. Garden Tools*