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DAILY CAP! TAIi JOUUNAL, 8ALKSI, ORHGOX. SATURDAY, JAXUAltY 12, 1007.
3
ARGUMENTS
FOR THE
COMMISSION
Representative From Douglas
County Reviews Decisions
In the opinion of Representative
S. C. Jnckson. of Douglas county,
who arrived In Salem yesterday, U is
beyond the power of the legislature
to enact railroad legislation that
aro not subject to judicial review,
anJ, If any InwB are enacted look
ing to the regulation of railroads In
this state and the regulation or Inter
state and Intcrstnto rates for freight
and passengers they will have to pro
vide means whereby they can be re
viewed by the Judiciary and bo rea
sonable in their requirements.
Mr. Jackson hns niado a special
study of the railroad question since
It has become such an Important Is
suo In this state and there la a gen
eral demand for rnllroad legislation,
from a local and technical stand
point, has looked up all of the lend
ing authorities upon the.subject and
has come to the conclusion that tho
old doctrine that "the judsment of
the legislature, fixing railroad rates,
binds the courts as well ns tho peo
ple" has been renounced by later de
cisions of the supreme court of tho
United States and tjint tho power of
railroad legislation Is more of a Ju
dicial one than loglslntlvo:. In nn
Interview with The Journal. Mr.
Jackson -cald:
"It seems thnt the concensus of-
opinion is that there will bo some
rnllroad Icslslatlon had at the com
ing session of the legislature. The
people have placed thcmsclvos on
record Btrongly favoring legislation
along this line to remove past nbusos
along the line of unjust discrimina
tion, extortions and Instability in
rntc3. It is not so much thnt a com
mission bill should bo pnssod roguln
tlng rates controlling the railroads
but what the people want Is nn effec
tive m asure and one which will,
stand th" test of the courts In a Judi
cial VfW
"Shoitld nn act be passed which
v ould not stand the tost of the courts
a weld be as bad oft ns wo woro
In fore Railroads have In tho past
d fui legislative control principal
ly upon four grounds; First, that
legislatures hnvo no right to fix
'ntf, second, conceding tho right,
Ik ir pi is are void InsofarUis tho at
cri' o r. culate luterstuto ratos;
t'-l.d (icalu conceding tho right, thoy
i" ilnoln that their charters oxompt
f mi li-KlaliiUv control; fourths
c mi funcdlns the right to make
Mi- li'slilntlve powor Is not
.') it b it subject to Judicial ,re
! " i! imrh the court.
Tar fiM proposition meutlonod
" Mttird as far bnek ns 1S7G In
i' i , K'mwn a the G rnn gar cnsoH.
if.i i a "ns under the laws of Mi
ner ii a Wisconsin nnd Minnesota
n ! i drcisIonB the court placed
Mir j M df loglslnUvo control on
'i i 'Hindu: First, tho railroads
Tr irminou carriers for hlro, oxorcis
i a "it of public olllco In which
. n'1 .i ..'Jits aro involved; second.
M" . " public highways nnd ns Biioh
' limct to stuto control; third',
tn 'jht of omlnont domain la ox
fM d and the fundnmontnl prlnol
!f f whk h Is that tho powor and
Mic . xi ruse for n public purpose and
Mint onl
Dip courts hnvo lalA down this
crnrral doctrlno 'that whon proporty
n c'oMird with a public Intorost. or
devoted to a ubo In which tho public
has an Interest it becomes Biibject
o 1 'sMatlvo control ns to tho rntes
'or Its usp.' Tho secoud proposition
or objection, that tho state can regu-
,r onh Interstate ratos has been
f '.1 iu the tuviu uf the Wabash
Railway rompnny vs. Illinois and
a h i,ow tho law as established
y f'Hirts, though prior to 18&C
n tb. Granger oases it .was hold
' to the absence of'eongreBslonal
'f'ti the states could control Intor-
'fa ratP8 insofar as they effected.
fs .. r,,.
ha ' ' ae was instrumental In, tho
-! of our Interstate commerce
' ' n January 21, fSS7, establish
es t' t interstates commerce com
nI 3' n Tho third objection, that
he- charters exempt them from leg
sMe coptrol. and did not meet
'Mi any favor In the courfo. tho
-" r Ruggles vs. Illinois put that
frr,fntton to rost. '
D'lt tho fourth objoctlon raised
V ho railroads, that tho rates fixed
u 'fgislatlve authority Is not su-
r-c o but Is subjeot to Judicial ro
fw. has apparently met with favor
J" 'he supromo court of the United
state in Us ,ater deol8loni ITow.
ir the ,aw la that 8I. until
S8e' as tho other Tvny. In the
enso of Munn vo. Illinois, Chief Jus
tice Walto, In passing upon that case,
used this langunge: 'it Is Insistent,
however, that tho owner of proporty
Is entitled tp a reasonable compen
sation for Its uso even though It be
clothed with n public Interest and
what Is reasonable Is a Judicial and
not a legislative question, As hns
already been so shown, tho practice
has been otherwise We know
that thU Is a power which may bo
abused, but that is no argument
against its existence. For protection
ngalnBt nbusos by legislators the peo
ple must resort to the polls and not
to the courts. Of tho propriety of
legislative Interference within tho
scopo of the legislative power, the
legislature is the exclusive judgo.'
"This is the language of Justice
Walto in 1870 and was the law of
tho' land for a decade thereafter and
guided tiio courts In subsequent de
cisions until 1880. In that year tho
samo chief Justice, In' passing-upon
tho caso of St6ne vs. Farmers 1.. '&
T. Co., reported In 11C U. S ho re
aftlrnieil this doctrine, but In tho de
cision, wo find tho following dictum
from which Inter tho doctrlno of ju
dicial review etunnnted: 'From whnt
has Just been Bald It 1b not to bo In
ferred thnt this form of limitation
or regulation is itself without limit.
This power to regulate Is. not a pow
or to destroy, and limitation Is not
the equivalent of confiscation. Un
der pretense to regulate fares and
freights the state cannot require the
railroad corporation to carry persons
or proporty without rogard; nolNior
can It do that which In law amounts
to n- taking of private property for
public uso without Just compensation
or without duo process of law.'
"This dictum or Justice Walto left
the law In a much .unsettled condi
tion for sovernl years thereafter and
tho courts, In passing upon railroad
rate laws, found thomsolvos nt n loss
us to Just what principle they should
bnso their decisions upon. However
the case came up squarely boforo
Justlco Brewor, then n circuit Judgo,
iu 1888. He took up tho dictum of
Justlc? Wnlte and declared It to ho
the law. This caso nroso Iu Iowa.
In passing upon thnt caso Justice
Brewer uses this language:
" 'It Is obvious from tho lust quo
tation thnt thojuore fact that tho leg
islature has pursued the forms of
law iu prescribing u schedulo of
rntos doos not prevent inquiry by the
courts nnd tho (iiiosllon Is oyon nnd
must bo , decldod Iu each caso.
Whothor tho ratos prescribed arq
within tho limits of legislative pow
or, or nioro proceedings which, Iu tho
ond, If not restrained, will work u
confiscation of tllo property of com
plainant. ' Of eourso somo rule must
exist, fixing jlefinlto, to control tho
action of the courts, for it cannot be
that a chancellor Is at liberty to sub
stitute his discretion ns to tho reas
onableness of rates for thnt of tho
leglflature
" 'The right of Judicial Interfer
ence p.liU only whon tho schedule'
of rntes ustublishcd will fail to se
cure to the owuoiw of tho property
Home compensation or lirconii from
their Invent nfont. As to tho amount
of such componiMitlon, If Home com
nensntlou or rowtud Is In fact m -
ourett, the luglslitture . is tin' toW J
Judge. Tho quoutlon Is ono alonr- of
pollcv. The rulo, thoroforc, to h. j
laid down Is this: Thnt whoro the
supposed rates will glvo somo com
pousatlon, howovor small, to tho
owjior of railroad proporty, tho
courts havo no powor to Interfere
Appeal must then bo mudo to tho
loglsluturo and to tho people'
"This Is nn onunclatlon of tho doc
trlno of judicial review, Jn Us infant
state. It will bo noted, howovor.
that tho ruling aH to somo compensa
tion did not moot with favor with
the railroads and In tho later deci
sions tlioord 'somo' has been con
Btruod to moan reasonable, or prof
itable. In 1890 the tost caso came
nnd was decldod by a divided court.
Tho caso Is known ns tho Chlcngo At.
& S. Co., vs. Minnesota, reported In
134 U. S. The majority opinion
was rendered by Justlco Blatchford
la which ho says, roforrlng to tho
Minnesota statutes, tlmt ' It conflicts
with tho constitution of tho United
States In the particulars complained
of by tho railroad compAny. It de
prives the company of Its rights to a
Judicial Investigation by duo pro-
coss of law. Tho quostlon of roason-;
ablenoss of rates chargod for trans
portation is omlnently a quostlon for
Judicial investigation, roqulrlng duo
process-of law for its dotermlnatloa.,
"It will be seen that the suprome
court of tho United, States haa com
pletely ohanzed front. Mr. Justice
Walto's oft-repoated assertions, in
the Granger casos and othor deci
sions following them, that tho Judg
ment of the legislature, fixing rail
road ratos. binds the courts aB tho
extraordinary doctrine of Judicial
loglslatlon has boon established and
we , might say that tho courta has
placed a limitation upon the- right of
the legislature, n co-ordinate branch
of government, to regulate dates of
railroads. That tho legislature can
not pass such laws which cannot bo
reviewed by tho courts, und' turn
down, If tholr judgment does not co
incide with tho judgment of tho leg
islature as to tho reasonableness of
tho rates fixed.
. "As was said be'foro It is not thxt
somo commission bill, designed to
regulate rntes may bo passed, but
what tho people want and what the
peoplo nro demandlns la rnllroad
laws thnt will bo offecttlvo nnd cor
rect tho ovlls of prlvnto regulation
of rntes. Nothing short of this will
meet their requirements nt this time.
The measure must bo bucIi a ono as
will stand tho test of tho courts and
nt tho samo time reach tho results tho
country needs. Tho enrrshortngo
proposition Is but oio phaso of the
railroad question. I seo no reason
why a law couldn't bo enncted which
would control tho supply of cars tho
sumo as tho regulation of rates. But
such n law would havo to provide n
means for judicial review nnd be
reasonable In Its requirements."
Economy
Is a strong point with
Hood's Sarsaparilla. A
bottle lasts longer and does
more good Iian any other.
It is the only medicine of
which can truly be said
1 00 DOSES ONE DOLLAR
J4e,W0MEN DC."iful
ltobertlne kInob wlmi evory woman
nojt lcslrv- n ppifci't r')iiii!''NloTi
ti iii'lnar thnt nft. nmoolli. freeli
ilar tint to tlio cheek Hint lnotoi
vmitlifulnrftP. It will IiiIuk lHit
:n tho. who lack It: It Will -edi'n
it for thoM who already iiomch It
It will onnhlo vou to nuivanrull
rninbnt tho imriRp. of weather inul
time. Don't doubt don't arsun. Junt ,
tiy ltobertlne. Your dniRRiHt wll'
?ivo you a fieo pnmplo. All drutf
irt r keep itobcrt.'M
bf
DE. STONE'S DRUG 8T0&E
Does n strictly catb business, owes no
ouc, and no ono owes .t raien large
s;ock; tbelvos, counters ond show
cases nre loaded with drugs, medicines,
notion.s toilet articles, winco anJ
liquors of all kinds for medical pur
poses. Dr. Stone Is a regular graduate
In medicine and has had many years of
experience in toe practico. Co n suit a
tijns me freu. Prescriptions aro free,
and only regular prices for medicine.
Dr. Stone can b fonnd at hla drug
store, Salem, Oregon, from 0 in the
morning until 0 at night,
OREGON
STATE BANK
Jefferson, Oregon
Capital $25,000
Best facilities known to
tellable banking offered
patrons. Jefferson is a
good town, has good
stores, good mills, a good
bank, and good people.
Come and see us.
Oregon State Bank
J. A. AUPPERLE,
President
M. J. CAMPBELL,
Casbkr
I?ik - '
E THTyF "ffV RVi
x tt---o.j( rrvzn&SLJ.ao r. ,
jHHt
mmmmam,
SOW WESTERN SEEDS
IN WESTERN SOIL
Here's a SPECIAL OFFER to make New Friends
for LILLY'S Northern Grown Seeds
Vegetable seeds arc
grown on and adapted to
this coast. These 10 varieties, arc
the aristocrats of the kitchcn-gar-dcn.
They represent Ahc acme of
Lilly effort, the result of years of
careful seed selection and cultiva
tion. This Special Offer gives you
$1.60 in these seeds for $1.00. Read
the descriptions, nil of which arc
carefully and conservatively made.
Living up to the catalogue descrip
tion is what has built up the rep
utation of Lilly's Best Seeds.
PUG12T SOUND SPECIAL
TOMATO.
This miniature,
from a photo
graph, gives you
an idea how the
tomato produces.
Is an early dwarf,
stands free from
the ground, with
hard, firm, round
stalks. Yields
it
ofgrepra
large clusters of round,t firm, lus
cious fruit, beautiful rich color,
free from blemish, stands shipment
splendidly, A thrccseason leader;
popular everywhere. Perfected by
us on our experiment
grounds at Brighton Beach,
and can be obtained solely
from us. Sold only in scaled pack
ets. Ounce, GOc; packet, 10c.
GOLDEN JERSEY WAX BEAN.
Brittle, tender, broad, thick
the best of all the yellow pod bush
beans. Stringle.is. Beautiful
golden color and delicious
flavor. Vigorous, reliable,
and an abundant producer, i-lb.,
29c; packet, 10c.
JACK FROST SWEET CORN.
Plump, milky kernel: that melt
in your mouth; tender, wcct, pro
lific really phenomenal. Dwarf
variety, permitting close planting.
Very hardy. Jack Krost seed has
been perfected by ourselves on
Puget Sound, is thoroughly accli
mated and peculiarly adapted to
Pacific Coast conditions. Not only
season's earliest, but longest
and latest producer. We can
not say too much in en
dorsement of this corn. Large
packet, 15c.
LILLY'S GLORY CABBAGE.
Glorious in flavor, gloriously
sound, a glorious grower and a
glorious shipper. Lilly 6hips tons
of this cabbage seed across the
continent, as thu variety, perfect
ed on Puget Sound, is admitted to
lie the best cabbage grown. Even
rounder and more solid than the
IIfiio.I.!
MAMONU KUAMt IMI.lX M aa
CblcfactU r t lituili l Co., 1'l.lla., .
Sec Us for Bargains
in Real Estate
Six room house, bum nnd 22 lotH,
r130 ouch; price $1X00.
Six room house on car lino, 4 lota,
7 x 1 5 0 ; price SllSOO, cubj' torniH.
Nino room house plnHtorod, closotn,
pantry, bmiemeat. septic tunk, barn
L'CxIM, woodahcd'lSxS. ThlH plnco
In throo blocliH from court hoiiHon
l'llco $2025.
Six-room houno, plastorod, cIokoIs,
pantry, tollot, woll, good burn, II vo
lota 7Gxh60 unch, on car lino; prlco
J2000.
Two acrw. 7-room houuo, barn,
well, nnd nil kinds of fruit, noar Sa
lem; prlco $12$0.
Fifty-five ncros, SB In cultivation,
20 ncroH In timber, now 7-room houso
largo burn; 1C acrem In hops, all
wlrod. ThlH place Ih all good black
noil. Prlco $110 pr aero.
Forty-ono nnd ono-half ncros nil In
cultivation, 7-room houso, largo barn,
1C acroa of fruit, good wovqn wlro
fences, ImplomontH, 2 noracs, ono
cow. This jiluco Ih near school and
church, ono and ono-half mlle from
Saloin. For prlods oo Itadcllff & Co.
Wo huvo on hundred acroa of
guod land near Sulorn to trado for
Hulejm proporty.
Wo also havo a good buHlnoss
block and dwelling In Colorado
Springs to trado fort proporty hero.
If you want hop ranch, timber
grain, fruit or grazing lands ano uh.
Sovoral houses for ront. Call If
jou want anything In Insurance or
notary work.
RADCLIFF CO.,
Reliable Agents
Hoom-ll. Moorea block, Salem, Ore.
Koforenco, any bank or business
houno In the city of Salem.
CHICHESTER'S PILLS
fr."V ' . TUB DIAHONW MIAMI. v '
M9UR I'lll. In ltd tml IJoM tnrtnlliiAV
' M s ! TaUe no utbrr. llur oT your V
V p
cr
Danish Ball Head, and infinitely
better adapted to Pacific coast con
ditions. True to type, every
head like its neighbor, sym
metrical, white inside and
solid to the core. Mb., $1.25; 1-
oz., 35c; packet, 10c.
PRIDE OF THE PACIFIC
CUCUMBER.
Almost a seedless cucumber, the
seeds being small and few. Per
fectly smooth, very dark green,
beautiful white flesh, perfect cu
cumber flavor, exceptionally firm,
crisp and delicious. Grows 10 to
18 inches long, always straight, and
dark green until ripe. Vine
hardy and vigorous; enor
mously productive; yields
early and late in season, i-lb., 65c;
2-oz., 40c; oz 25c; packet, 10c.
ENGLISH FORCING
LETTUCE.
Large, crisp, tender; best vari
ety for home culture, because eas
ily grown outdoors or in frames;
rich color, ideal for garnishing.
Hotels gladly pay one-third more
for this lettuce. Stands more
neglect in watering, and does not
quickly run to seed. Most profitable
for market purposes because
quickly ready in fine large
bunches of beautiful light
green, which never spot. 1-lb., 50c;
oz., 20c; packet, 10c.
MT. RAINIER PEA.
Dark, rich green, well-filled pods,
creamy and delicious; enormously
productive. Propagated !a Wash
ington, nnd the best early pea ever
offered to western growers.
Especially valuable for mar
ket gardeners, commanding
the highest prices through the sea
son. Large packet, 10c.
CRIMSON GLOBE BEET.
Close grain flesh, very sweet,
tender, blood red, delicately zoned
with white. Exceedingly smooth
surface. Finest in form, flavor
and color. Free from woody,
fibrous roots. Grows uni-
forpi in size about three inches
through. Matures early. Pkt., 10c.
GOLDEN HALF-LONG
CARROT.
Best of all the yellow varieties
cry sweet, close In texture, gold
'en yellow, solid, very smooth, at
tains large size, has small core,
and adapted to all soils; under
good cultivation yields 2.1 to HO
tons per acre. Ready for table
nt all times during growth.
Equally valuable for stock.
A market favorite, lib., 25c;
packet, 10c,
luBiBaBaaHaaHnaannauBaannnHaiiaBMiiawaaMHaBaaMi
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WHAT jMAGAXIXH CMMUHXO MKAXS.
A mngnzlno club formerly nionnt getting together a number of peo
plo to aubuarlho for tho muno mngn.liio. Undor our plan It menuu
gutting together n, numbor of mngfulnos to bo furnlRhod In ono order
nt n greatly reduced prlco. For ItiHtnnce: Tho Rondor tho Cosmo
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to separately they cost $0.00 n yonr. Wo hnvo nrrangod n oluh of theso
mngnzlnoH whoroby wo enn furnluh nil four for $3.00 or Just ono-half
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Free) Our boautlfiil 30-pngo timgazlno catalog will be sont In ro
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OKNTRAIj magazixh aohxov.
Tho Holibs-Mtnill Co., Publisher.
I.
THE CENTURY
A magazine which has steadfastly
stood for all that is best in American
life, has held fait by ihc soundest
traditions of literature, aided mater
ially in the development of American
att by educating popular tnitc and
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ising artists, and in season and out
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the larger educational opportunities
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Snii fr full prosftttut and
if ft ml fff r If Htw We ri brt
THE CENTURY CO.
UhIh Square !'civ York
CRIMSON GIANT RADISH.
The larger it grows the solider it
gets; twice the ordinary size.
As hard as a bullet, while
tender and ticliciously crisp.
Retains goodness long after ma
turity, i-lb., 40c; packet, 10c.
SPECIAL PRICE OFFER.
$1.50 worth of above seeds for
$1.00.
$1.00 worth of above seeds (one
packet of each variety, with packet
of Old Fashioned Flower Garden
Seeds thrown in free) for 75c.
Six 10c packets, with Flower
Garden paokct, 50c
Three 10c packets, 25c.
Above prices arc postage paid.
Grow H$ Ss
Plant Lilly's Best Northern
Grown Seeds, grown on this coast
for this coast, and be sure of profit.
You will find that the saying, "Best
for the West" is true in every case,
and that Lilly's Best Seeds will
give you best results. The above
are only ten varieties of Lilly's
Best vegetable seeds. For infor
mation as to the full line, write for
LILLY'S 1807 SEED CATALOG,
Which will be sent' free, postpaid,
on request. Lilly's 1007 catalog
surpasses all previous books in at
tractiveness and completeness of
plant information. It is thorough
ly dependable, and besides contain
ing descriptions, price lists and
culture directions of thousands of
varieties of seeds, bulbs, roots and
cuttings, it is a handbook of in
formation on poultry foods, poultry
supplies, stock foods, fertil
izers, garden supplies, sprays,
horticultural supplies, etc.
If you want one, fret, mark an X
in the white square.
HOW TO ORDER.
Mark an X in each white square
opposite the variety of seed you
wish to order, mark the quantity
in square or on margin, figure up
the total, clip out the ad., and re
mit in same envelope with the
clipped ad. Be sure and write your
name and address plainly, filling in
the following blank;
Clip ad. and mail to
j!0Sfyb.
Seattle, Wash.
Enclosed is $ for which
please send me $ worth of
Lilly's Best Vegetable Seeds,
marked above.
t
Name
Address ; go
Indianapolis, Iud.
FRUITS, NUTS,
MINCE MEAT
Groceries !
In fact everything in the line of
Boasonablo holiday goods nnd deli
cacies may bo found in staph ut our
store. Don't overlook.
BARRINGT0N HALL COFFEE
Glvo us a call nnd bo convinced of
the superiority of our sorvlco.
H. M. Branson
326 State st.