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i Year No. ,
I0NTY COURT
0 BEGIN WORK
IN COURT
He Must Enforce
Pure Food Law
KLAMATH FALL, OftBOON, HATUBuUT, APRILS J gig
HOUS
E
,THH MAY AI'I'KAli
IIIX'INION
tiu:
cMtlall rrrgueoa MaUn No
(cniriit mill Tiirjr nrv rwrvri
Nth Copy ' ,,,r Opinio '!
r jJ((. WiiraVn Hays the Decision
Ls brual r&docseuwnt of th Arts
foesir Court In tYmarctloa
ktk (Viirl lluuac
i detlalou proves what we have
jl tupposeu wai we nave a
it to build the court bouse," said
I; Juiiso Will U'orden tltU at-
e in iuu preseuve oi loiiiur
UUloiir Merrill.
Ill U tu udorsiueiil of our ail
tU la rrU to in court house,
fir as the legMt aspect U con
Wo shall now go ahead and
rftact too court house, aa wo aald
would."
Xo
Pus save uut aa yet beea served
a cop; of Judge Reason's deel
mM Kuykeadall A Ferguson,
M)t (or Obeachala aad Oraves
I wo art not In position to make
at. Wo wilt be uuable lo
bat action wo will laho until we
lac decision."
gtaeral Impression provaita
t Uo cam will bo appealed to lha
i supreme court by the plaintiffs.
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WOK
Regular Iter lew
Dr. Collin will conduct the
l mornloc services In tut Eplsco-
I (hurth on Huuday. It waa lacor
Kir ttatod tbal Dr. Colllua would
fa In lb Methodist cburclt on
I mornlug. Uo will, however,
b there In tlio evening.
lUr, Hamilton, J. K. Uodge and II.
Acklojr wont lo lily today la the
rows auto to Irr the fishing In
Muo HUor.
IHImh Freda and Margaret Nltsch-
Frank llryant and Krarett liar.
akrook loft today for Bnaacer
( oo a OihlnFtrlp.
I Project Knglneer V. W. I'atcn
mm UiU vnlng for Waahlagton,
L., io attend the consideration of
nplalnti aitnlnat the racUmatlon
Tiro.
MU Kills Orem. who la Uaehlnw
I Wordrn, li anendlnc the week end
fih her parenta, Mr. and Mra. Horn-
orem of thla city.
Circuit Jtidno Henry U. Ileaion and
r" Reporter Dick Rlchardion f
Irned Friday avnln trnmt a hual.
I trip to Portland and Halam.
Knilneor William Bargeant, who la
) ri o of operation! In I'oe Valley
me reclamation lervtce, came In
'? lo attend to builneea mattere
Kraucla (I. C'alfey, tbo new aollcltor
of thu dvpaitmcul or agriculture, la
lielr lu all the trouble left by bla pro
Uvceeaor, Ueorgo I. McCabe, wbooe
efforu, with tboae of Dr. Frederick
I.. Duulap, cauaed tuo realgnation of
Dr. Harvey W. Wiley. It will become
hU work to enforce tbe law which
Dr, Wiley failed to have carried Into
the courte.
Hollcllur McCabe, with Dr. Dunlap,
conatltutM two-tblrda of tbe food lu
apectlon board of tbe department of
acrlcultura. llotb reelgned abortly af
ter I'reildcnt Wlbon waa Inaugurat
id. When In a given com Dr. Wiley,
the third member of the board, an
nounced a decbloa Dr. Dunlap and
McCabe uaually voted agalaat him,
and the caao waa not proeecuted. Tbo
board of cbomlatry, of which Dr.
WlUy.waa tbo head, spent 1.190,7I
In preparing ovldence of food law
vlolatlona, or about 1616 per caao for
acme 0,306 caaea.
McCabe'a chargea against Dr. Wiley
reaulted In the recommendation of
Attorney (leiioral Wickersbam that
'condign punlthment" be meted out
lo tho doctor. After a congrcaalonat
Investigation the recommendation
waa not carried out.
Tho policy of Mr. Co (toy haa not
been announced, but It U believed by
the puro food advocates that Proil
dent Wllaon will insist on vigorous
prosecutions of violators of tbe pure
food law.
PLEAD
FOR SUFFRA6E
MUM. I.A VOLlWmt. MKM. KKKT
AND OTMKft NATIONAL WORK-
KIW llltl.NO W VITAL KACTH
IT It CO.VHIDKIIATIO.V
United I'leaa Service
WAfllHNOTON, D. C April JO
If ttrt prices of tbo -leit ktnples are
flgfd by monopoly tho tariff which
iirfi.cla the cost of ntir children's food
tml rlctlirs la tlio only way to right
tho wrong la through national legisla
tion," said Mrs. Robert U rollette,
spooking for woman's suffrage before
tho senate committee today.
"Women spend 90 per cent of tbe
110,000,090,000 peld annually for
food and clothes In this country.. Wby
shouldn't limy vole."
Mrs. Kent of California and other
prominent workers spoke at tbe meeting.
TaaTTfv
CAFE OWNERS TO
BE EXAMINED TOO
I'HOIIINO OF nUNCO AN.D GRAFT
CHAROKH WILL MK RpWUMKI)
MOXDAV IIV UKAKB JURY IN
CAUFORIANS
AWAIT BRYAN
Frank L. Polk to
Enforce Tariff
CAN KItAXCISOO
JUIIV
1
I
ANTI-AMKN DIHCUHMON MKLB IN
AMKVAXCK UNTIL THK HTAXD
OK GOVKRNMKXT IM FULLY
OUTLINED
I United Press Service
SACRAMRNTO. Anrll 2C All .nil-
grand Jury will resume Its lavestlga-,.llen ..nd ... ork .. hmU . . ..
.!. m it m . . . .1 '
wuq oi me gran cnargeo against local
United Press Service
BAN FRANCISCO, April !.
-The
detectives, fltrrlct eonidence Is be
ing maintained as to'tn Identity of
dotectlves Indicted.
Ceaare Roachl, the famous cafe
owner of the Oarbary Coast district,
wit testify Monday. It la alleged that. '
tne bunco men and detectives plotted
thore together.
ance pending' tbe arlval of Bryan, and
the discussion between he and tho
legislature.
The comng of Dryan Is tbe topic
of discussion at tbe Capitol.
Frank Sargent haa
Klnmatb Falls from
vicinity, where he spent
-- --
-1 .
retires
Portland
the wlat
Good ActComtsw
A musical act of quality opens at
tlio Star theater tomorrow evening,
' with Stross and Decker featuring the
trumpet, cello, double voiced cornet,
rned to . saaaphone, viola, De-Oambla and oth-
aad rr Instruments. There Is also n good ,
later. I bill of nMures. I
Benson Refuses Alternative
Writ Asked by Obenchain
a
Circuit Judge Holds That Daggett Would he Liable to a
Fine and Imprisonment Should He Divert Money
From Special Levy for General Fund
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MANY VISITING
THE FAIR SITE
INING
AROUND
ACTIVE
YREKA
P" Mill) lUIVIIIli ot'L'tt wuvi
MII.KH OF PLACKR (IROUND
MAVK COMMKNCKIi THK WORK
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as Dttbboiu. iw ...- ...u.n.i.
kkn k MS) liiHW 'I
L ; ca ov,r wo ,ta !
"- in the Qreenhorn Or
P. commencing where tht.f!
es the Fort iv .-i-wiJ,U
H nd up as far aad lacludlag taa
sir of Yreka nhi.....j j. . jui
Pnw of about (wo mllee, have com.
vouworKinalaklataliafta.
uperlntendwit 8. A. Crall. who la
cnargo at prssaait. la alwkl ahafU
' upper end of the nreMrtr. Aa
" na mi 4. in. ...i..r.i... uin
Hodrlllln
The Biu, Oraval mine la Mteluded
' " bonded ground.
PROailKHH ON PALACK OF MA
CHIXKRY AND OTMKR AOTIVI
TIKH ATTRACTH HUNDRKDH TO
THK GROUNDS DAILY
StHiclal to The Herald
SAN FRANCISCO. April 26. Hun-
dreda of visitors Journey to tho Pan
ama PacH1c(lnternatlonal Rsposltlon
site dally to watch the progress on
the Palace of Machinery aad other
activities. Tbe construction of tbe
Immense exhlbla palace la not only
roinarkablo, but unique From polata
of eminence for miles around the
groat brown framework, surrounded
by millions of feet of lumber await
ing IU placement may bo seen. At
closer view tho gigantic structure
looks alive. On workdays It Is dot
ted with tiny forms of raou. Three
hundred and soveuty men are at work
on tbe building, which Is being con
structed with surprising rapidity. In
the cou(er of the columns are chords
for single beams of great thickness;
la the centor of tho coluess-g.M) .pg
The chords are 110 feet-high. To the
summit of them are attached the
arches, also fitted together on the
round and hoisted In structural
completeness to their lofty eminence.
They are roceived at tbe top by scores
of, wen, who Immediately rivet them
to the, chords, and then connect the
whole to the next column by stanoh
tona 15 feet In lengtnl Machinery
Hall la being built la three naves.
Thia maaas 'foun ' lines of columns
(running tho length of the building.
Holding that tbe county oBetala,
should they divert money raised by a
special tax Into tbe general fund,
Would bo liable to fln and Imprison- i
nrnt, Circuit Judge Benson today
rendered an opinion adverse to tho
plaintiff In the action of M. M. Oben
chain against County Treasurer Dag
gett for the payment of certain war
I ants, holding that this should be
dona ou account of the money In tho
court house fund,, the legality of
which lovy Is questioned.
In tho same opinion Denson over
rules tho demurrer to tbe complaint
In tbo action of Charles Oraves
against Treasurer Daggett, the opin
ion being as follews:
"The attorney for both plaintiffs
and defendant In tkt above entitled
suit have apparently conceded that
both suits Involve tbe same questions,
and should be argued together. At
tho outset, however, It should be
borne In mind that In the cose of
Obonchaln vs. Daggett tho basis of
iiroceedlnc Is si prayer for writ of
mandamus, to compel tbe defendant,
county treasurer, to use tbe fund
which has been set apart as a fund
for the construction of tho now court
house, for the redemption of county
warrants, drawn upon the general
fund of tho county; while the case In
which Charles Oraves Is plaintiff Is a
suit for an Injunction to restrain the
tofendant county treasurer from seg
regating and keeping as separate or
different funds any or all of the mon
eys received rrom tne tax levies aei
out In paragraph 7 of the complaint
ns folews:
For salary purposes, Z mills oa
tbe dollar;
"For circuit court purposes, 1 mill
on the dollar;
'For Jail purposes, 1-10 of a mill
on the dollar;
"For county poor purposes. 4-10 of
a mill on tho dollar;
For court house purposes, 3
mills on tho dollar;
"And enjoining and restraining the
said defendant from paying out any
of the funds received from said levies
la payment of any warrants, except
general fund warrants, la order of
presentation and protest to date.
"A careful consideration will coa
vlnce a candid Investigator that the
two proceedings are really wide apart
In their logio, and In the conclusions
to. bo arrived at therefrom.
"With reference to the case of
Oraves vs. Daggett wo may dismiss
tne consideration of this causa vary
briefly, for It Is my opinion that the
nature of a tax, aa to whttaer It b a
general or a special tax, la aot to be
determined by the language of the
county court la levying tha aame, or
by the label which Jtbey may put oa !
It, but rather upon tho yarpoee for
which the tax la levied. - .V."
The distinction ketween a foaeral
tax and a spoclal tax is oae that la sa
plain and clear that I have been un
able to Dad mora than one adjudica
tion of tha thing by any saarssas
court In tha United States, and thU hi
the cose of Sullivan vs. Waltea, 90
Florida, C58, In which the court very
clearly and logically disposes of the
question of the difference between a
spclal tax and a general fund, and
their holding Is fairly well expressed
In substnnco thus: 'A special tax la
a sum not embraced In the usual an
nual expense Incurred by tha munici
pality under Its general powers, but
Is a tax which does aot apply, to the
usual annual budget of a municipal
ity.'
We therefore conclude that alnce
the levy for salary purposes, far cir
cuit court purposes, for Jail- purposea
and for county poor purpoaee are
Items of the usual, regular aad an
nual budget of tbe county, that they
ore thereforo necessarily porttoae of
tho general fund, and the eounty
court has no power, under tha eta
tutcs of our state, to segregate these
funds, and differentiate them from
the general fund of tbe county; but
tbe construction of tbe court house la
clearly not an Item of the cuatoasary,
usual and necessary annual budget of
county expenses, and therefore must
be In Its nature a special tax It fol
lows, of course, that the demurrer
must be overruled, alnce the eee
plaint la good aa to all, exeept the
court house levey. The court, la there
fore, compelled to overrule the de
murrer la the case of Qravea ve. Dag
gett, aad aa order may be entered la
accordance therewith. '
"The queatloa raised upoa the stip
ulation of facta, In tho case of Oben
chain vs. Daggett, is not free from
difficulty, ' A careful examination of
tbe authorltlee disclosed the fact that
this question haa never yet boea pre
sented to the supreme court of our
own state.
There have been many Oregon de
cisions cited by-the able counsel oa
both aides, which are supposed to
throw some light upon, the vital ques
tion ni this case, I have examtaed
them all, with great care, bat etaoe
the questlona considered and decided
therein are totally unlike the ease at
bar, they render very slight aid la
tho solution of the problem.
"I have also examined carefully ev
ery citation from otner states, -mltted
by counsel, but I And that ther
are based upon constltutloaal aad
statutory provisions so wldelyfrliferV
-- Vii .UI.
L.: TTepre-
ent from our own aa to
practical jalue la the
he ef eaeett
,'f ' . ',
'n$
Here follow extracufrosa the laws
of Oregon oa the aubjeet, ameag them
the following;
"la Bectlea'IU, L. O
vide for the erectloa aad repatrlat
ef court bouses, Jails, aid other aeeee-
scry public bulldinga, for the use of
the county, aad
"Sectloa S76: 'When any meaeys
shall have beea collected or received
by any officer for any distinct aad
specified object, no portion of them
shall be paid or applied to any other
object or purpose without due au
thority, but shall be kept a separate
fund for such specified object, aad
any officer failing to comply with the
provisions or this section, shall be
liable to a fine not exceeding $500 or
to Imprisonment la the county Jail
not exceeding six months.
These statutes Just quoted con
stitute ail of tbe laws of the state of
Oregon which throw any light upoa
tbo question Involved la this ease, aad
In the Interpretation of these several
statutea I am frank to say that I wel
come the modern demand that stat
utes shall be Interpreted without mys
ticism la their logic, or finesse la
their reasoning, and that they shall
be taken to mean as nearly aa possi
ble what any Intelligent laymaa
would understand them to meaa from
a casual reading, and la the Interpre
tation of statutory provisions, aalees
controlled by the authority of higher
courts,' It has been, aad la, my policy
to accord to each provision of law
the meaning which any latelUgeat
nun would.give to It.
"Let us then note what the stat
utes of Oregon declare:
"First, We' have the constitutional
provision' that no tax shall be levied
except by virtue of some law.'
Second. The county court la di
rected, at Its January term la each
year, to levy any other taxes which
by law it Is required to levy, aad any
other taxes which It may determlae
to levy, aad which by law It la per
mitted to levy.
Third, We have the statute de
claring that the couaty court
have power to provide for the erec
tion or court nouses, jeus, etc;, aac it
stent to me to be perfeetly plala that
If the couaty eourt haa newer to pro
vide for' the erectloa of a eourt house
there la a complete aad ample war
raaty ('law, expressed therela. for
taking any necessary ateao for rais
ing the revenue te carry eat their
purpose, aad that It is iateMeV by
thlaseetlonot the Code to ikWthem
full 'pewer to levy a special' ekx for
the purpose of providingmeans for
the eeaatructlon of such eourt house,
aa4 I ain 'convinced that the power so
tra'ated la clear aad uaequlvooal, nasi
SsasSkssaasssaasaaseasSkssasssajasssasaasMBl
tcoaiiauw en Pi
v
W
Fifty per cent of the talk about the
tariff, which la new troubling the
house, the senate and tbe Brseldeat,
will la a few'months simmer dbwa to
Just oae man Frank L. Polk who.
It has beea Renounced from Wash
ington, will be named eeUecter of
customs at the port of New Tork by
Prenldeat Wilson. Fifty per cent of
the Importations into the Uaked
States duriag the Ust'aeeal year weat
through New Tork. U ether words,
the total value of Importe were $1
65S, Ui.tU, aad the valae of theaie
coming through New York wais ItlT-
l5,sar.
If he aames Folk, the
will have alapped Taause asssU, the
democratjc orgaalMUMe4JtBjrcs
city, aad Charles F. Murlhy. Im leasK
er aad leader of, the state democracy.
Whea Mayer rOeorge B. MeCleUaa
aad Murphy, fell out several
ago, the mayor named PeUt
Mtl-Tamaaay preeMeat of the Clvtl
Service Commlaslom. Folk is a law
yer, who has aotlatc1y shown violent
anti-Tammany feeling. But when he
was told that the Tammany leader ef
the assembly district la which he
lives claimed him as a member of hie
organisation, the prospective collect
or repudiated It.
For many years the republican or
ganisation of New Tork' city.' shorn
of municipal pauoaake. virtually liv
ed on what cam to It from reauh-
llcnn presidents through tit collector
of customs. The democrata had hoped
the many fat place la the gift of the
collector would come to them. But
there te no indleaUou'thk FoUr. wM
evea recognise Tammeay Hall,
NKCTION WITMAaM . -
In AiMMte to .Fuefeff flaee ashl'
Karly Over AalhurtMsa tflaas Ow4, j
otmv vuMi -a
asftlgsasMl Ism aaasaaat laaaadLaa
uaurasmjwi najsj ammaaj majaauuej
.i
gKAgjMKmkaaast suaMasu C
Oregon 'have
(5 W
It la doubtful if any
rendered la Southera
ever caused eueh aa eipeadtture
"midnight oil" so
studious work, aad aaeh a
ef
AfC
?:
tloa of authorities. aa the '('
ions concerning the legaHty ef (tbe
court house tax. levy aad 'wertifaev '
dered today by Ctreutt' Judge Meaty. '
Benson. - u ,
For the past two meathe he, haa
used all hte sparcaseeaeata tat study-
lag the ease. For several dayu at a
time he haa remalaedia eeelusleej.'aa
order to give hie oattre atteatieii to
the queatloaa HsTetved. : . v
After he. had eahauetod a the ge-
tboritlea touchlag uaea the enea ta
hia ewa library, aad 'fat
libraries. Judge Beaeei
by Court? Reperter Ishardaatv,.
to Saiesa to further atudr ttoew
and the'aeAawrMau la the) sMet Lawr
library, aveistldare .wmtiatmit euV
igeatly la ta,suMe,ae,ahe Judme .
and hss'reperter retorted 'aea-assit1
ajght-rt: lt, - -
.r
';;il
' j
1
'.'i'
m-i
! J. T.'sTalsHs, a west
ssee asansmv . vvmnaui
Friday. " --.. '
MtssmwaVJu -' !-. -0 .
i r-j? - i
annaauem avaanaaaaW
nnuajejaj" lat1unuuuuuaw ,
gggKsasssaa-ft -'
i Meary and htrHeri aa
face eeeeatricRy, "Leag
are gtvlsig aatreaa of the Mar I
tbe best MU that haa
la the show heuao etaea vuaaeassa
waa Introduced there. The pair ate
clever dancers, aad their
gestures; poses; etc;,
have called for' repeated:
The.voieee ef the team Mead aesecy,';-'
too, esuecially whea they stag "Dante ,
Moon." Tealght te"1 their ,saa,asw
pea ranee.
SHERIFF'S WIFE
TO GET PENSION
WIDOW OF OFFICRR
XKAR MatDFORD W1XL UK BSN-
KFITKB BY, THK RBCCNTLY KN
ACTKD STATB LAW
ASHLAND.' April It. The widow,
aad children of the late Sharlff Sta
gier, killed aear Medford by an out
law,- will aot be left entirely desti
tute, aa was feared by many' whea the
news of his death first reached Aah
land. They will draw a penetoa from
the state,-or, rather from the eouaty,
under the widow's penetoa act passed
by the last legislature, of llOa yer
menth: .,; Y'S jV
In addltloa to Ula'Mr. Slngler haa
$1,000 innuraace fat taa Woedmea of
the World, aad aleo a heaie valued at
11.500, which la clear, ' ' V
There are' aeM to be practically ae
debts. ThU.1 with' the aid prouileed
by the brother. William Siagler,J will
relieve the family of diAger of desti
tution. '!,-''' u " - ,,
Mrs. Hiram ,F. MurdeVfamtae
guest of loeei;frUndsrMe,.'(
la from'taeMurdeck lesMai. (
1.VK.?. t iJll l'!W,.tll
.. V. --
jp''' W ueP"JsaawyBt
i i " T Jl"7 -"-',' 'I Vi. 1
n-&fm
1.1 Jul
v Luke Cksafi
la MIIBlalBBaal lunaanssi
a , jm
'- ,
v i
.i
The feUowtag mshejss4MeajB haee':'
beea reeetved 'tor.'th 'reief ef Mai,)
Koee ueeuare, vrMwemieev ausasl)
eaeldrea: la U needy e'reumetantsa:-; , -.
"MssmlSl " ' " " ''mmX-Sl '
. ertraaurmusmaj eeeeeefeeeeeeeeoue efgVJP F.
-f'B.-aV'Oraialhy r..v..-.,V,.:fvf!l' '?'
J. C. SasKh ......
Caah .J- "-
seBayfjl e e e. e et e e e e
f Mrs. Joe Meere .....Previeleae;
. w. F. Araat
' it "
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't
li
,...,.
.l'rovlslsaa
' 1'aaa - '-'
e e e e e e a i,
e e e ee e e slWP'V., "
seelMtoajuriauwS '
Ueas ef money, and. pravMcina far, lief .
et'rieeIMttoBssmtay., Wftji
- " 'i - , '
?i
Mlee Florida Lee,
MiaSiKahy Davie
f.The Herald wUI
HP
' V
,'
-.
MILKING
ON ADAMS RAJHH
' . '. .
Aanaunarl
h. r
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ae:itaWL4i FuuMgaji aa
a. . - .
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, KLAMATH C50VNTT MAM MeV'-','
' STALL, MtsCKAXICAL , AU Jl
UASStxsnis ji, ,'. i ' -:-,. i uJ
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C- 53
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ISSUb .-j.
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MKRRIU,, April SI-aeMaM .
tha Shaj-nlaaa -' : - ka.K.
Hied' a mechanical !i
atus st the WUI s
ta the am ecaHrrvaato at
oe put lato.uae u.eaio tonuav ggsi.
uecesa will be. wutohed titojlr
toeta..1l,i HW
' The maehiaew eaeeataal hf
trie power, easTi
i: aald to be able to mtth
nary eeuv naa.
li'TM an,
ratw.sotastttlto
VrTaSi
uuuaai
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