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About Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915 | View Entire Issue (Dec. 31, 1903)
A HAPPY NEW YEA7? TO ALL
LAKKVIKW, LAKE COUNTY, OltliG ON, THURSDAY, DEC. 31, 1903.
The Supreme Court Molds That
The Law U Invalid on Four
Principal Point Involved
The Supreme Court last week
handed down It opinion lu which
tlii validity of tin initiative mid
referendum anicudinciit to the con
Mtltutloii wn In vol veil, continuing
the decision of the lower court nml
1tilIliiur In MiilMtft that the amend
meat to the constitution wan legally
proposed ami procrly adopted, ami
I hat It I the province of the legis
lature, and not of tho court, to de
clare an emergency.
This suit originated In the Circuit
Court for Multaoiuah county, ami
was Instituted It.V the plaint Iff to
I'lijoln the authorities of the City of
Portland from collecting the ex
jN'iiMeM of certain street Improve
iiuenl which were assessed to the
.abutting procrty-owucr, under the
rovllou of the new charter of the
City of Portland, upon the ground
that the Legislature had no power
I o declare un emergency In the cane
of the Portland charter, la that It
was contrary to the provision of
that clause of tint Initiative and
referendum amendment to the con
llliitiuii of Oregon, which provide
, that no emergency shall he declared
tiulcs tho public eure, health and
nfcty Im cnvolvi d.
W lien I he i nl t hi 1 1 vt ami n fereii-
limit amendment wn passed by tho
legislature In lv.HI, there were four!
other proposed ailielldltli'lltH pelid-j
tug. and the coiimI itutloii of theState
if Oregon provides, while one or i
more amemlmeiitH are awaiting the
Hople, that no other aincmlmciitH
thereto hIiiII Im- propoHed; therefore
the validity of the Inltatlve ami
referendum auiemluient. was que
tinned. There were four principal que
HoWh Involved In the caw, im follow:
Whether the tiriMi'd ii re net forth In
the roiiMtttutloii I mandatory am)
imiHt be strictly followed; whether
the four amemliiieutH proponed drop
Kd out of existence because the
legislature of 1M" failed to organise;
whether the court have the power
to Impilre Into the validity of the
ndopttou of an amendment after It
luix received I lie favol'llllle Vote of
tho voters, and ha been recogulxed
h legally adopted ly the other
yli'rauchos of the state government,
nnd whether the lunendtnent I In
violation of that provlloii of the
"l. nllliilliMi a'tilK irn it I'll tl
rtMllTHI Vl'linilimi'n tm-i.
ifM'H T(l every mine ir mumou
form of government.
The plaintiff contended that the
HUthorltle of the City of Portland
dan no rltUUjLi,ilU'"pt to collect
thcV"Htiit..i i Jl the Portland
chaT , iifliiinJ'effwtlvo through
.djicouriMot i fie law, 90 day after
tho adjournment of the legislature,
liut tho defendant contended that
thequetlon on It merit would not
bo reached, liecnuse the emergency
clause wa amply snllictent to put
tho charter Into effect upon Its ap
proval by tho llovernor. Should
thl contention ho found Incorrect,
the defendant then contended that
there wn no coiiHtltutlonal objec
tion to the Introducing of any mint
bur of amendment to tho amo or
any other scslon of tho legislature,
each ol them lclng upon a different
tubjoct matter of tho constitution.
Tho defendant further contended
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The Special Session Jlet, Trans
acted Lots of Business in a
Short Time and Adjourns
CHICAGO'S NEW STATUE OF GEORGE WASHINGTON.
The Htatue of George Wnnlilngtou which Chicago will erect at the Grand
boulevard entrance to Washington park will be a beautiful bronze figure costing
X50.000 and will be the work ot Daniel C. French. The base, a luasnlve granite
Uock, will coat $11,1)00, and the changes iu the roadway which will be necessi
tated by the work will cost 0.000. The park will be extended Into the drive at
Grand boulevard for a short distance, with shrubs and trees Inclosing aa open
square where the statue will stand.
that tho Initiative and referendum
amendment wo the only one before
the people or tho Legislature at the
1 1 mo It wan proponed, LSUD, a all of
tho other prevlou amendments had
lapHcd or gouo out of existence; that
the amendment wa legally adopted;
that tho section of tho coutltutlon
prcHcrlbod the manner of aineudlng
tho constitution are directory, and
that when att amendment ha been
propoHed and ludored by two legis
lature, submitted to tho people and
adopted by a largo majority.
Tho Masonic and Kmteru Stur
Lodge Installed their ofllcers Jointly
in tho presence of members of the
families of each lodge last Saturday
night. After tho coiicIuhIoh ot tho
ceremonies a spread In tho banquet
room was announced. Tho room
had boon very artistically arranged
for tho evening, and tho lunch was
one of those modest but very palat
able kind. Toats were made the
order during the meal, and the eveni
Ing passed very pleasantly.
Following Is a list of tho ofllcers
KA8TKHN ST A It.
Minnie Masslnglll, Worthy Matron;
Charles Umbach, Worthy Patron;
Mae Snider,- Associate Matron; Mrs.
C. E. Down, Socretury; Delia Peach,
Treasurer; LUlle Harris, Conduct
ress; Mrs. T. J. Maglltou, Ass't Con
ductress; Mrs. Ij. A. IMalr, Chaplain;
Mrs. M. E. Snider, Marshal; Mrs. V.
A. Wllshlre, Organist; Mrs. It. K. L.
Steluer, Adah; Mrs. L.' V. Conn,
Ituth; Mrs. Ida Umbach, Esther;
Miss Pearl Hall, Martha; Mrs. C. V.
Pent, Electa; J. F. Clarkson, Warder;
W. A. Masslnglll, Sentinel.
X. Arxner, W. M., W. A. Masslnglll,
S. W., t 12. Harris, J. W..C. Umbach,
Sec., A. Bleler, Treas.,E.Iake, S.D.,
J. McElhlnney, J. P., A. Y. Peach.
T. S., J. V. Clarkson, J. S.
Th Christmas Tree.
The public Christmas tree gotten
up by the Sunday schools of Lake
view was quite a success. Tho M. E.
church was prettily decorated with
creie paier strung across tho room
and on . tho walls. Tho tree
was well balanced and beautifully
adorned with ornaments and pres
ents. The exercises were short but good.
Several recitations by the little ones,
a chorus of 30 mixed voices which
sang a couple of times, and a duett
or two completed the program.
There was uo Santa Claus and tho
presents were called off, and distrib
uted by young ladles.
A good New Year's resolution
subscribe for Tho Examiner.
After three' buy days, the extra
session of the Oregon legislature
adjourned sine die shortly after 11
o'clock at night, Dec. 24th. The
most Important legislation enacted,
aside from repeal of the, Phelps; law
und re-enactment of the previous
law, was the passage of a bill carry
ing an appropriation of floO.WK) for
purchase by the state of right of
way for the canal to be built at
Celllo by the Government. Laws
were passed prohibiting the killing
of pheasants until October 1, 1906;
protectlngelk; Increasing thenalarles
of the Circuit Judges In Multnomah
County from $3000 to $4000 a year;
providing for erection of a new bar- ,
racks at the (Soldiers' Home; reduc
ing salaries of District Attorneys in
the Eighth and Ninth Judicial Dis
trics' and empowering the State
Poard of Education to issue state
diplomas to holders of diplomas
Issued prior to February 1, 1S99. A
number of charter bills and local
measures were passed.
Important . ' measures that failed
were the bill to make gambling a
felony; the car shortage bill and the
bill to place state olliclals on flat
Though It cost the iteopJe of Ore
gon approximately $"otH) to secure
the lienetlts of remedial legislation at
I the hands of the extra session of the
j Twenty-second legislative Assem
bly, that body will have an ever
lasting monument to its creditalong
the rockbound shores of the Upper
. The appropriation of f 100.000 for
the Celilo canal right of way is con
sidered by the members the greatest
piece of legislation accomplished in
years, and one which will mean
more wealth to the state at large
than anything which could have
been done, provided the Governor
signs the bill.
Taken ns a whole, the work of the
extra session was harmonious as
well as fruitful, nud the memliers
have gone to their homes believing
their work is well done.
There was a sufficient amount of
work accomplished within the life of
the session to satisfy the most crit
ical taxpaj'er lu the state. From
among a total of 80 bills, some 20
were put through the screens and
passed. How mauy ot them will
get upon the statute books Is for the
Governor to say. Most of the bills
presented were saved tho usual
formality of goiog through the
printer's hands, as the Senate decid
ed at its opening that no Senate
bills should be printed during tho
extra session. That was a feature
ot economy which many members
criticised, on the ground that letter
results might have been obtained' iu
some instances had bills been printed.
Those of tho greatest importance
were put In type as they originated
In the House, where such a ruling as
the one adopted by the Senate was
Those people who neither drink,
smoke or swear, have nothing to
swear off, and New Year's will have
uo charms for them. Only those
who swear off every year can fully
appreciate the New Year.