r'Wl
M i.
DAILY CAPITAL JOURNAL
, ,w piiiuAV. FEURUAIl 15, 1007. m -
IN 1 H.1YI . A34I
- - """'"' -- I
DAILY CAPITAL JOnRMAL
" Hr IIOKKB IlltOg.,
IKUbcrff Mid Proprietors.
TuiseKiraiejrRAEs:
Djr Mull.
DWr Journal, ono month . . . 3Dc
DwMy Journal, tlirco month. ..$1.00
Dally Journal, ono year . . . . . 4.00
Weekly Journal, ono your .... 1.00
Ily Carrier.
Dtty Journal, per month .... COc
FIGHT ON
WATER
CODE
State to Be Cinched For
Reclamation Service
Wlion houso hill No. 4C comes up
for consideration In tho sonnto strong
oppoHltlon to Its pnssngo will ho do
vofopwl. Tho reasons tho opponents
to tho hill filvo it ro ,not Hint they
tiro opposed to some chnnges In the
wntor laws ot tho stato, hut that
thoy will fight tills hill hecutmo It
wtfdB tho water laws of this stato to
tho reclamation norvlco of tho Unltod
fttntes, They nay tho hill was draft
ed hy tho United Statos reclamation
norvlco officials mid Hint It will fast
en nn ImmenBO and coBtly htirenu to
Oregon that will nut ho for tho bono
1U of tho hoBt Interest of tho stato.
It Is argued that tho hill provldos
for tho lognlUlngof an Imaginary
wntor right that was not legally Ini
tiated umlor tho existing laws and
thnt la considered to ho an extreme
ly dniiKoroiiN pleoo of legislation to
enact.
Tho till tumpowors tho statu ontcl
necr to iimko nil rules and regain
tloni, and change or add to suld
rules and requirements at any (lino.
niul a I no makes nil IiIb rules and rog
iilfllona n part of tho provisions of
tho hill. .
Tho statu engineer Is given the
liowe to dutortulno nil losses on
water In transit liiAntronms, or In
reservoirs, not only tho sot-page and
ovnpornllon therefrom, hut ho can
innko rules to establish us many
Imaginary new losses nil ho desires,
and theruhy ruin thus whom ho de
sires to drive out of business, hy ii
continuous system of foroliiR them
Into court without any expanse lo lh
Htnto engineer In fact, tho hill pays
tho statt engineer fur fomenting
trouble.
The slat engineer approve all
Hreuunts of hlii own deimrtHtetil, and
they must be paid without any fur
ther Inspection. If tv proposed sub
stitute Is uueted. than add to this
tho appropriation of 1901, ho will ox
pond ovor 131.000 annually, and per
haps $10,000 some years.
Tho statu engineer own make
rules and regulations, and new rule.,
then additional rules mid so mi lth
nut end. lo positively prevent any
person front appropriating water or
const rurt lug works whum he might
ileslro lo prevent, and then give eoni
frlund h Up where to fusUw oHto n
good thing. A gmft llst mtrnked In
suoh provisions. The stnte iiRlnr
will usurp Uis funcllou of the ourls.
wherein he practically djmlleles
tho waters, and afterwards tho eeurts
are called upR to ratify the state
engineer's deoUlstM.
Tho stain engineer Is give the
power to prevent a lend uwur from
trnniferlng his water light, or a
part of It, without suit In Ik elreult
court. Tim unmask a rrt f Ui
Tie
WOffi&CJt
Folks
THKV UAVi: MOUK OH l.KSS
Ml'KlNUiH WITH HANKS.
MANV 01" THKM COMK TO THIS
HANK WK A1TKKCI.VTK
THKIH PATHOWOKj WK IX
V1TK OTHMItS. XO MATTKIt
MOW KMAM.THKIU m'HINKrrt,
WK I.SVITK THKM TO (X)MK,
ALL TKANti.UTIONH WITH
THIH HANK AM. COXHIUKUIU)
OONFIUKNTIAK
Sitm State Battle
X JC PAGJK,
EHAJU).
nrbltrury and dangerous powers that
tho hill If enacted, will delegate to
tho state engineer.
Tho hill provides for nn assistant
state englncor at a snlnry of $1800
per annum, also as many other as
Blstants as tho stato onglneoc may
deslro. That provision Is a rank
graft.
Sections 33 to 42 Incluslvo of the
hill nro not necessary until tho court
have ndjudlcntcd water and Issued
decrees sufnclcnt to furnish them
work, which can not occur Inside tho
noxt two to four or porhaps six years.
All that Is necessary until that time
nrrlvos Is to ompoyor tho Btnto engl
noor, or his assistants, to moasuro
and npporltlon tho water to tho dif
ferent work, In conformity with tho
decrees of tho courts. That will fur
nish an amplo stato administrative
wator system.
Furthor upproprlntlons for hydro
graphic or typographic surveys
should not ho allowed, for tho rea
son thnt ton thousand dollars por an
num Ib now available for ubo In that
donartment. Tho United States al
ways has, nnd It Ib perfectly Bnfo to
stato, always will, moot all such con
tingent appropriations by apportion
ment. Ton thousnnd dollurs annual
ly Is positively available for that
purposo and now wo nro asked for
nnothor unnecessary appropriation to
add tlicro to.
SecUon 0 of tho empowers the
slato onglnoor to tax and collect
many useless tributes from tho peo
ple, hut section 2-1 oxomptH tho recla
mation service Section 49 cinches
the poople on misdemeanors which
Includes violations of tho stato en
gineer's whims, but exompto the
reclamation service. That Is on the
prlnclplo that "tho king cnu do no
wrong." Sections 24 and 49 of tho
hill and section 0 of chnptor 228 of
tho 1005 session laws "providing for
Unltod States rcrommondatlon to np
point stnte onglnoer," plainly show
both tho onrmnrks and brand ot the
hill. Tho snmo element nfter cinch
ing the stato or Idaho with a slmllnr
nllllotlon, tried the snmo thing In the
Vnshlugtnu and California lugUla-
MAY ATTACK
THE HEART
Why
Illicumatlsm Is Always, Dan
gerous.
THY DIt. WILMAJIH, rirta iiii
, KVKS p IMHOOUHAGEI).
These PJlls Havo Cured Hlicuinntlsm
In Almost Kvery 1'onn nnd la
Ailvnnccd Singes.
Rhoumatlsm may ho Inherited and
this fact niakos It concluslvo that it
Ib a dlBon'so of tho blood.
Ithoumatlsm Is a painful inflam
mation of tho muscles or of tho cov
erings of tho joints and Is sometimes
accompanlod by BWOlllng. Tho pain
Is Bharp nnd Bhootlng and does not
conflno Itself to any ono part of tho
body, but after settling In ono Joint
or muBclo for a tlmo, IcaveB It and
passes on to nnothor. Tho moBt dan
gerous tendency of tho disease Is to
attack tho heart. External applica
tions may glvo rollot from pain for
a tlmo but tho dlscnBO cannot ho
cured until tho blood Is purified. Dr.
Williams' Pink Plllo nro tho boat
medlclno for this purposo as tholr
action Is directly on tho blood, mak
ing It rich, red nnd healthy. When
tho blood Is puro thoro can ho no
rhoumatlsm.
No ono who suffers from rhouma
tlsm should fall to read tho caso of
Mrs. Ellon A. Hussoll, of South Goft
St. Auburn, Mo. Sho says: "I had
boon sick for flftcon years from lm
pruo blood, brought on by ovorwork.
My honrt wns weak and my hands
colorloss. I wns troubled with Indl
gostlon nnd vomiting Bpolls, which
enmo on overy fow months. I hnd no
nppotlto and used to havo nwful
fnlntlng spoils, fnlllug down when nt
my work. I frequently felt numb
nt ovor. My head ached continuous
ly for flvo yonrB.
"About two yonrs ago I hogan to
fell rhoumntlBtu In my joints, which
Imnnmn an Inflict T nnillit linriMl' YVnllf.
tupros, hut they wore very I'romptlv. Jonl8 wflro BvMm ftnJ injoi!
gon loglslnturo two yours ago with
u like men sure and, unfortunntolv
for Oregon, secured u part of It. They
come back hero this session with n
more pernicious muasuro than tho
former ono, also a most dhfhollcut I
emergency clause, nothwlthstaudlng
that station 8 of tho not of congress
that created tho reclamation survtce
contains tho follewing:
"Nothing In this net shall ho eon
strued as affecting or Intended to
mo torrlhly.
"Dr. Williams' Pink Pills wcro rec
ommended to mo by a friend hero In
Auburn, after I had failed to got
well from tho doctor's treatment.
When I hogan taking tho pills, tho
rheumatism was nt Its worst. I had
taken only a fow boxes, whon Hie
headaohos stopped and not long nft
orward I felt tho pnln In my Joints
becoming loss nnd loss, until thoro
was uono nt all. Tho stiffness win
tvtimt niitl I tiitvit ttftuni limt nni tn
affect th laws of any stale or torrl- (nni ()f (ho ,.,,,. , nm ft por,
1(11 i IIIW nUHIDIIIIjr uiu IIIIUIIOI in
etirrylug out tho provisions or this
net shall proceed In conformity with
such laws." r
TIih principle nnd entire slruoturt
of tht hill nrw directly at war with
thv hMt lutrts or th pvoplt or
OroH.
Pleasant uiu! Most HITecllvo.
T. J. Ohnmhors, 1M. Vindicator,
Liberty, Tuxas, writes Doc. 35, 1002:
With plsasuru nnd unsolicited hy
you, I lisnr tetimnny to tne curative
powor ot Uallard's Hurohouud Syrup.
I have usd It In my family and can
cheerfully alllrm It Is tho moU of-
fi'utlvo and best roinedy for cough
nnd colds I have over used." Sold
hy D. J. Fry.
Xlor of Orvgtm Hrtr
JHdR OtHirgtf H. Wlllhuns, formtr
ms or of Portland, former atturnor
gHral of On UtiUwl States, and thi
NMttor of Ik OrgtiH War, Is In tkt
elt) today.
-o-
A Htllrh In Time
Will save nine. Ro will a bottle ot
Mallard's Herehound Syrup alwayi
kept on hand ssvo many a spell ot
slokuetit. A sure cure for coughs,
colds, bronchitis and whooping
cough. Mrs. 8, Hot 8prlngs, Ark.,
writes: "I kocp a bottlo o( llalUrd's
llorohound Syrup In my tuodlotno
chest, nnd thank my forethought
mauy tlniM, It has prevented many
qvore spells of slckne."
Bold by 1). J. Fry. v
fsctly well womnn nnd owe my health
to Dr. Williams' Pink Pills."
Dr. Williams' Pink Pills nctunllv
make rich, new blood and have cured
such disease ns rheumatism, nervous
and general debility. Indigestion,
nervous headache, neuralgia and lo
comotor ataxia. As a tonic for the
blood and nerves they are unequalled.
Dr. Williams' Pink Pills are sold
hy all druggists, or will he sent; post
paid, on receipt ot price, 50 rents
per box, six boxes tor $8. 50, by tho
Dr. Wllllnms Medlolue Company,
Sohenectndy, N. V.
u .. .
Hov. C. H. Cllue, n prominent Meth
odlst minister ot .Portland, was here
yesterday, attending the funeral or
the late llev. Jamee Naugle. Iter
Cllue wue at one time ixtetor of the
church here.
Hunting for Trouble.
"I've lived In California 30 years,
nnd am still hunting tor trouble Iu
tho way ot burns, sores, wounds,
bolls, outs, sprains, or a caio of piles
that Hucklen'a Arnica Salve won't
quickly cure," writes Charles Walt
ers, of Alloghany, Sierra Co. No use
hunting, Mr. Walters; It cures eTery
case. Guaranteed at J. C. Jerry's
drug store; 25c,
1
BUY
Sulphur,
Blue Vitrol
AND ALL
Spray Material
AT
f RY'S Dm Store
I mv fiwvwwy fip Mr ilk
SOMETHING XKW
Grape
Fruit
Marmalde
AN APPKTIZKH YOU WlIJ,
K.VJOY
HOMKl'HINO YOU WtU.
UKK
ON 8ALK AT THK
Moir Grocery
Company
AJLJt ai..- gu
WM 1M
VETO
IS NOT
SUSTAINED
DEFENSE Of INSANITY
IN THE THAW
Juvenile Court Bill,
Passed OverGovernoro,1:jua,rar
(W. S. Clark, Law Editor Cyclopodl
a or Law and Proceeduro.)
From the opening address of tho
defendant's counsel In tho trial of
Mnrrv IC. Thaw for tho killing of
i Stanford White nnd the examination
8 unit UIU uiu
Insanity, nnd
" ' ! that the form of Insanity reneu up-
' on will bo insane delusion, that is,
KaV BUI tO Purchase tlOCK an lnsano delusion thnt White had
VKt nf CaDital iS PaSSed I ruined the defendant's wife, or nn in
taSl 01 jAVum . !gano dBlUBon thnt it was necessary
for tho dofondant to kill White In
. , nt a n on soir deronso or In dorenso of IiIb -wire,
The juvenile court bill. S. B. .0. ol ddualon that tho homU
Deach, vetoed by the governo r yes- Jf J of ProvIdonco, and
was to Si defendant tho agent ot Provl
o'clock. A call o tho house a , commlttlng lt. Thoro Ib also
asked for' . .thV2Tor Coket'Bomo Intimation that Questions a to
ZTotZc rS5STt- IrreslBtiblo impulso ?nd emotional
ErsraJts rdorew
until 11 o'clock. Tho bill was then of Interest to our readers to publish
uniu ii oMt.n.. fniinwinu Rtntoment of tho law
.... nm vnin iinnnniiuiiBiy. " -.. ...0
' Avorab o reports were made on procured from Mr
ravoruii .Clark, tho author of
ino lOlluwuib. i ,mi i, ,! rnlnn'.
s H 142. Malarkey, to protect "r" u" .n " - -""
t ", "; ZZ ml .ins editor of tho Cyclopedia of Law
regarding' and Procedure, known na "OYC."
Ho says:
1 "To Bay that a man Is guilty of no
crimo In Now York If ho kills nn-
William L
a number of
lives' of traveling public.
8. B. 247, Bingham,
salmon fisheries.
S. B. 131, regarding tho protection
- .-....,. I. TTntntlllti rnlltltV
ii ii. 223. for relief or Klamath other while Insane, although true as
Wator Users' Association.
Tho senato then took up tho third
rondlng or bills, nnd disposed or the
follewing:
S. Il, 202, to regulnto tho Issuance
of tlmo chocks. Enacted.
8. B. 219, Bnlloy, u bill to provldo
piny grounds for chlldron in Port
land. Knncted.
S. 11, 191, Malarkoy, to authorize
the formutlon ot rolglous corpora
tions. 8. 11. 187, JohtiBon, rolntlng to clta
tlon upbn holrs to ostnto. Knacted.
8. B. 189, Mlllor, or Linn, rolntlng
to public records. Knncted.
8. I). 109, Caldwell, relating to
Itinerant vendors ot medlclno. Enact
od. S. B. 81, Kay, to Bocuro addition
al land tor tho stato capltol build
ing grounds. Enacted by a vote ot
20 ayes to 0 wys. It appropriated
$30,000, nnd Includos tho Motschnu
rosldonee on Stato Btreot, which Is to
bo convortod Into n governor's residence.
Tho Texas Wonder.
Cures all kldnoy, bladder
and
rhoumatlo trouble; sold by all drug
gists, or two months' treatment by
mall for $1. Dr. E. W. Hall, 2926
OUvo stroet, St. Louis, Mo. Sond
for testimonials . Sold by Stono's
drug Btoro. dw-lyr
a general proposition, lt Is tod Indofl
nlto. It is necessary to go further,,
and nBcortnln what is meant hy tho
term insanity, for it admits of do
grccs and appears in various phases;
and It Is nccossnry to go further still
and nscortaln whnt is meant by tho
torm under tho lnws ot Now York,
for tho law of this stato on InBnnlty
as n dorenso differs from tho law in
somo or tho other states.
The Test ot Insanity in New York.
"Undor tho ponnl codo ot Now
York (Bcctlons 20 and 21), ns under
tho lnw In nil othor states (12 Cyc
ICC; 21 Cyc 42) n mnn is not re
sponsible tor a homicide committed
whllo Insane, it tho InBnnlty wnB bucIi
that ho did not know tho nnturo nnd
quality ot his net or did not know
thnt It wttB wrong. On tho othor
hand, to exempt from responsibility
In Now York, although lt is othor
wlso In Alabama, Now Hampshire,
and some ot tho othor 8tntcs( 12 Cyc
1C9; 21 Cyc CCR), tho Inannlty must,
bo such ns to havo this effect. In
this stato section 20 ot tho ponnl
codo declares that 'an act dono by n
porson who Is an Idiot, Imbecile, lun
ntlc or Insnno, Is not a crime.' But
section 21 expressly provldos thnt
porson is not oxcuscd from crlmlna'
llnblllty as an Idiot, Imbecile, lunn
tlc, or Insnno porson, except upon
proof thnt, at tho tlmo of committing
the alleged criminal net, ho was
Inlinrltif nnn. .
son as elthor m a,5t:'to
, " li not to i
nature and qualltv ... '
doing, or (2) not to J
net was wrong." nA . ". a
vldea thnt n . .7."110!)!
commit, nrnlilt.lt-., " vw
tho tnlml nf n ' "
" - " I'LTSOtl .t.
shown to have been i,'
knowing tho wrongtutaea?!
, a liu ueienBOtOtt
tlon therefor.' '
"These provisions prescrJ
........ tU8s Known to ii. I
Now York, and therefore ,m
man may bo to somo ext
uuu .,u kis another, and aft
medical exports mayagrwj
tlfylng, ho Is nevorthelwi $
responsible ir, notwlthstaSdi?
tion, ho knew tho nature ti .
ty or hla net and knewtiitiS
wiuug. ruopio V. Crist, IN j
o-, i-uupio v. biivermau in i
235. Whether ho was Iuhmi.
nn extent Is a question fori
tho aoienBe must intrcdwt
ovldcnco of Insanity, but U
tnon tno jury, in order to i
must uo convinced ot bit i
yond a rcaBonablo doubt
Insane Delusions.
"In order that insanity i
successfully set us as a detnel
prosecution ror homicide, It iu
necessary that tho defendtcii
havo boon totally Insane, uli
unujuvjin, uui uiuuuinaoia, Or H
anno delusion, may be luUdatij
oxompt, although on all otlttjJ
jeets tho accused may hare UtiiJ
f octly uano. Whdthor It Ii or i
Now York must bo dotoralsrfljij
plying tho test laid dovnltt
21 or tho penal codo abort t
nnd therefore an Insane delubu
dofenao IT It was such as to pn
tho nccusod from knowing tin
turo and quality ot his art, I
knowing that lt wns wronj, ill
othorwiBO. Pcoplo v. Taylor, ID
Y. 398. Tho rulo ns to this pi;
Insanity Is correctly Blren a!
Cyclopedia of Law nnd
CC7, In subBtnnco ns follows
dofondant Is partially lnust,!
It, subject to lnsano deluilouwl
cortnln things, but la other i
sane, ho Is not crlm!nU,i
bio If tho homlcldo wonld bi
ablo or Justified In case IU 1
woro ns his delusion leadilM
botiovo them to be; but If till
clde would not bo JustlnMr
ciiBnblo under thoso clrcunrt
tho. delusion Is generallybeMi
froo him rrom responslblhty.
(Continued oa FajeMjl
H
FebttssLty, the Shortest Month,
The Biggest
Redttcti
.1
IN
Cpyiiit I90
" H of fcutptlm
SUITS AND
OVERCOATS
i III i 1 1 1 1 1 III 11 1 1 1 u n 1 1 1 1 it 1 1 1 1 1 II II HH11 ?1
: LOOK THEM OVER
1 1 1 1 n m n 1 1 1 1 1 1 n n u 1 1 1 1 1 I 1 1 1 1 htH-1I
men
's all wool
Especial values given in yotmr
Siscs 15 to 20 yeats.
Out Shirt Sale will close Saturday evening
! 'iiiiimum
Salem Woolen
136 Comtcal St.
Mills Sti
SalaiM. 0cW
wJ