Daily capital journal., June 13, 1907, Page 3, Image 3

DAILY CAPITAL JOURNAL, BALHM, ORBGON. THURSDAY,, JUNE 13, 1007.
st
Iff OF
MANDAMUS
ISSUED
terv Benson Alust File Petition
fjr Show Cause For His Refusal
June 4
...i r nr nlf ortinf lv !
npetiuuu iui "" .w.....,x. ,,..
,r,ndanius was inuu m uepnn-
LdKo. 2 of tho circuit court for
Ian county weunesuay, uugeno
ma and Cyrus? H. Wnlker being
Lpiilntlffa "nd petitioners, nnd F.
rgenson, secretary ot state, oi tno
of Oregon, defendant. Tho
vas asked for tho purpose of
,Mng tho secretary to accept nnd
lithe petitions for tho referendum
, He University of Oregon appro-
on. Tho writ, which Is printed
fltb, is an exact copy of tho po-
flth the mnndato added.
native Writ of Miuulnimis.
Uj'ame of tho Stnto of Oregen:
Tof. W. Benson, ns Secretary of
fljof tho Stato of Oregon, tho
j named ilorenunnt, ureeung:
ercas, it manifestly appears to
' tho complaint and petition of
jlalntlffs and petitioners, Eu-
Palmer nnd Cyrus H. Walker,
'the following facts as heroin
! arc true:
I.
Nuttsald plaintiffs nnd petitioners
f citizens and icgni voters or tno
wof Oregon, nnd of tho county of
therein; nnd havo been such
mi and legal votorB or more
ono yenr Inst pnstj .and thnt
hj vc two of tho duly qualified
jtn of tho petition hereinafter
siloncd, nnd thnt their postolllco
tu is Albnny, Linn county, Oro-
II.
pit be snld dofondnnt F. W.
n is now, ami nt an tno times
dites hereinafter mentioned has
tnd is the duly elected, quall-
ind acting Secretary of State of
Stato of Oregon.
IIII.
JUt on tho 23rd dny of Mny 1907,
petitioners nnd others duly pro-
at tho ofllco of snld dofond-
Sccretary of Stnto, nt tho Cnpltol
!J!og in tho city of Snloin, Oro-
for acceptnnco and filing, potl
for order nnd roforonco to tho
le of tho Stnto of Oregon, n
jure passed by tho Legislative
mbljr of tho Stato of Orogon nt
regular Biennial Session thoreof
id during tho months of Jnnunry
February 1907, known ap House
So. 37, which Bnld potltions for
3dum wero In duo form, on
I by 10 Inches ns roqulrod by
f,ud were duly signed by C392
qualified signers and legal vot-
of tho Ftnto of Oregon, with
JMldonc-s nnd post ofllco ad-
,whl"h wns more than enough
Petl'lonrrs to entltlo tho snld
'on to ho recelvod nnd filed by
aid deft lidant, nnd plnced upon
Ultot nt tho next onsuing elec
ta bo vo"il upon by tho people
tie Sta'r of Orogon, nnd which
oa designated tho tltlo of tho
ought o bo referred as "House
3-N'o 37. mtltled nn Act to in
the. n 'roprlation foe tho sup-
lud r.,Vr rnnrico of tho Unlvor-
Tof Orvn," and each of said
J was duly vorlflod by daw.
IV.
lit each f said petitions was nt-
,f to a f jH nnd truo copy of tho
"to to bo. rcforred, and also a
Ul trm copy of tho tltlo thero-
u the nr..o was originally pro-
and ' -nduced In tho Houso
Eeprosr 'drives of tho Stnte of
3 bv M" Pntnn nnd whlfth
"d erasure reads as follews:
"frenty ' irtu Rogulnr Session,
8n L rialaturo.
HOT s.- niLL VfV 37.
Mr. Eaton, and read
l-KTOdu 1 '
( ..
'Ja' Jirv 16. 1907.
BILL
i incroaso .the annual
for tho support and
f tho University of
paratus. This fund shall bo paid out
only on warrants drawn by tho Sec
retary of Stnto on tho Stnto Treas
urer against snld fund. This fund
shall bo a continuous fund and if
tho amount appropriated for any ono
year shall not bo used during such
year, tho bnlnnco lemnining shnll bo
carried over to tho next year and
added to the fund for that year, and
tho Secretary of State Is authorized
nnd directed to audit and allow all
claims Qthrowiso payable out of such
fund, regardless of tho tlajo when
contracted."
V.
That tho tltlo to snld Houso Bill
No. 37, during It3 passage through
tho Legislature was amended so as
to rend as follews:
"AN ACT
To amend Section 3529 of Bollinger
und Cotton's Annotated Codes and
Statutes of Oregon, by Increasing tha
annual appropriation for the sup
port and maintenance of tho Univer
sity of Oregon," and tho said moas
uro as so passed wns filed In tho
office of Btld defendant on February
20th, 1907, and known as Chapt-.r
C4 of tho General Laws of that year,
found at pago 11C of tho Session.
Laws of Oregon for tho year 1907.
VI.
That at tho tlmo Bald petitions
woro prepared, tho said Laws of Ore
gon for 1907 had not yet been print
ed, and that before said plaintiffs and
their associates on said petitions
prepared said roferendum potltions
for circulation In tho various coun
ties of tho State, for signers thero.o,
they sont a rellablo ngont to tho
snld defendant's ofllco at said Capitol
Building In said City of Salem, Ore
gon, who nsked tho Chief Clerk of
tho defendant if ho could furnish
him a printed sheet containing tho
tltlo and measure known as House
Bill No. 37, as tho samo wns filed
with tho Socrotnry of State, and tho
snld Chief Clerk thereupon, honest
ly nnd In good fnlth, furnished snld
ngont with what purported to bo a
truo copy of Bald tltlo and mcasuro
as printed by tho Stato Printer, ns
nnd for such copy, a truo copy of
which was and Is attached to each
of Bald petitions aa horolnboforo do
scribed; nnd thnt said agent, plain
tiffs and their associates, In good
faith rolled upon said printed copy
so furnished to them by said Chief
Clerk, as being a truo copy of tho
tltlo and mcasuro as tho samo SvaB
filed in tho Secretary of Stato's ofllco.
VII.
That on Bald 23d day of Mny,
1907. tho said dofondant received
Bald petitions, but ntntod to said pe
titioner that ho wlshod to tako tho
matter undor consideration boforo
filing tho Bamo In his ofllco. as by
law provided, In ordor to confor with
tho Attorney Gonornl of tho Stato of
Orogon as to tho sufficiency of tho
tltlo of tho Act as given in the peti
tion nnd in tho mcasuro, undor tho
provisions of Chnptor 22G Gonornl
Laws for Oregon for 1907 relatlvo to
demanding roferondum upon meas
ures passod by -ho Loglslatlvo As
sembly, and that ho would notify tho
petitioners whichever wny ho de
cided tho question, and of his con
clusion not to fllo tho samo, If ho
enmo to that conclusion, on tho day
that ho renched jmch consluslon,
1907, and doing- all necessary nets
to place tho samo upon tho official
ballot at tho next ensuing genial
election, or thnt you show causo be
foro tho Honorablo Wllllnm Gallo
way, a Judgo of this Circuit Court,
at tho Circuit Court Room, in tho
County Court House, In tho City of.
Salem, In the County of Mnrlon nnd
tho Stato of Oregon, on tho 24th day
of June, 1907, at 2 o'clock p. in., of
said day, why you havo not dono so;
and that you then and there return
this writ to said Judgo nnd this
Court, with your certlflcato annexed
thereto, showing that you havo dono
n.vyou aro hereby commanded to do,
or tho cnusq of yo'ur omission to do
so.
Dono by the ordor of Hon. Wll
llnm Galloway, Judgo of said Circuit
Court, this 12th day of June, 1907.
In Testimony Whereof, I hereby
nfflx my official signature ns Clork of
said Circuit Court, nnd nttach here
to tho seal of said Circuit Court tho
day and year last nbovo written.
(Son!) R. B. ALLEN,
Clork of Bnld Circuit Court.
i
x iSffW'
GENERAL BARON KUROKL
Who hns been tho reeipiemt of
ninny honors from tho Unitod
State3 government sinco ho ar
rived in America to attend tho
Jamestown exposition. General
Iuiroki is ono of tho heroes of tho
Russo-Jupimcso war.
o
Thero Aro Few
Pooplo who know how to tako care
of thomBolvos tho majority do not.
Tho llvor Is a most Important organ
In tho body. Horblno will koop It In
condition. V. O. Slmpklns, Alba,
Toxaa, wrltes: "I havo used Horblno
for SIiIIIb and Fevor and And It tho
best modlcino I ovor used. I would
not bp without it. It Is ns gopod for
children as It Is for crown-up pooplo
and I rocommond It. It la lino for
La Grlppo." 8old by D. J. Fry.
Golden Gate
Coffee
Better than champagne
Costs no more.'
N o prizes
coupons
headache.
(A&s!,t.i
l
M.FOLGER61
jjOiSIH
i a I TssBaaaB Wgjjpj
no
no
Sold only in aroma
tight tins.
Never inbulk
J. A. FOLGER & CO., San Francisco
KablIaH4 X05O
Rostein & Greenbaum
240-246 Commercial St.
Salem, Oregon
Never Wear Out
Hose for Children
Wo hnvo handled this lino for
ovor thrco years,, and havo built
up a largo trado on this particular
lino.
When in ncod of Children's
Hebo, glvo our Novor-Woar-Out
Hoao a trial and you will buy no
other. All altos lDc a pair.
'o A-
tilt'
5sacr
t ec d by tho peoplo of tho
01 Or .ron Section 1. That
3"- ' Chantor VI. Tltlo
Jli of Bellinger and Cottou's
1 C lea and Statutes of
tr ked tho samo Is hereby
wd t read as follews:
s9. Tho sum of S125.000
rty appropriated for tho year
??1 Cially thereafter, for tho
oa malntenanco of tho Unl-
' of Oregon; to koop tho bulld-
UtnMg, and otner property
hi re fair? fnf n niirrhnRO
tloaal l&nrt tnr th rnmnUH
for tho construction of
SS and nririlHnna in Hfttna:
tSA nnitiaiin IIKvnrv
twdrflinrv stirvnlloa nn1 nn-
I k wk
VIII.
That tho nbovo nnmod defendnnt,
noting in his official cnpnclty ns Sec
retary of State of tho Stato of Oro
gon, did on tho 4th day of Juno, 1907
rofuso to fllo said petitions, nnd so
notified tho said plaintiffs, and still
refuses to fllo tho samo, although
they havo romainod in his ofllco over
elncoiho 23rd day of Mny, 1907, and
ho on snld Juno 4th, 1907 so noti
fied said plaintiffs that he would not
fllo said potltions for tho alleged
reason that tho tltlo to tho Act as
glvon in tho potftlon, nnd as givon
in said moasuro was not sufficient
under tho law to requlro him to fllo
said petitions.
I.
That by tho provisions of snld
Chapter 226 of the Gonoral Laws for
Oregon for 1907, It was and Is tho
duty of said defendant to fllo said
petitions, and cauoo thorn to be placed
upon tho ballot at tho next ensulig
eleotlon, to bo approved or disap
proved by tho legal voters of said
state, and that his said act in refusing
to fllo tho samo wan and 1b wrong
ful, and said potltions wero and aro
(u all othor respects than as herein
before found, tho same as other ref
erendum petitions recelvod and filed
by said defendant at and about tho
samo tlmo that bo received these
said petitions.
X.
That tho plaintiffs have no plain,
speedy, or adequate remedy in duo
courso of law.
Now Therefore wo do command
you, that Immediately after tho re
ceipt of this writ, you do forthwith
perform your official duty as herein
alleged, by accepting and filing said
petitions u of the date of Stay 23rd
Dlfllcultius In tho Wny.
"Thoro nro so many disadvantages
connected with any kind of n pro
fessional llfo that It la hard to chooso
a enreor."
"How do you menn?"
"Well, to got along a dontlBt has
to havo a pull, a doctor must havo
lots of patlonco boforo ho gets uny,
and n lawyor at boat enn but look
forward to but a brlof caroor." I)a-
tlmoro American.
Parasols
We have a Tory neat lino- for
you to chooso from at reasonable
prices.
Plain Whlto LInea Cover, 7Cc.
White Linen Cover, with doop
Flowered Bordor, only 1,36.
, Children's plain Dluo, Pink,
Rod or Whlto Parasols In two
sires, price lCc and 20c.
Record Breaking
Bargains in
Lace Curtains
Wo do not hesltnte to clnltu
thnt tho vnluo roproeentod horp
aro tho groateiit ovor shown tho
trado.
When you noo tho handsomlt
design, tho cl'e and the qun.tty
you cannot holp seeing the truth
of our claim,
!
Longth
Yds.
2'
2
3
S
SW
8tt
t
S
3X
8
3
3
3H
Width
Ins,
80
06
40
44
52
62
Gft
38
41
46
C3
G6
62
Color
white
white
whlto
white
white
white
white
ecru
ecru
ecru
ocru
ecru
ecru
Price
Pair
I .46 v
.75
1.00
1.2C
1.60
2.0C
2.2C
.96
1.00
1.26
1.36
1.60
2.26
HWHIillllllllUlllll
OFFICIAL
DIRECTORY
? 1 I t M 1 I M I 11 E Hill ll-l-Hh
Can't
Miss
It
So many ailments aro
purely nervous affections,
that you can hardly miss
it if you try Dr. Miles'
Nervine. It restores nerv
ous energy and through
its invigorating influence
upon the nervous system,
tho organs are strengthen
ed. The heart action is
hotter; digestion improv
ed, tho sluggish condition
overcome, and healthy ac
tivity re-established.
Dr. Mllerf Nenrino In worth lt
weight In sold to me. I did not know
-what ailed roe. I bad a good physician
but sot no relief. I could not eat,
leep. work, alt or stand. I waa nearly
crazy. One day I picked up a paper and
the flnit thing- that met my eye waa
an advertisement ef Dr. llllea" Nerv
ine. I concluded to try It and let tho
doctor go, and I did bo. After taking
two bottle I could drew myself. Then
I began taking Dr. MUes' Heart Cur
and now I can work and go out, and
hav told many the beneflt I have re
ceived from tuu ram riII fa nnd itv.
eral of them have been cured by It
Inee, I am nftyntao years old aad
nrettv mnil v.) '
ANNA . JALMEn. Lewlatown. T.
Dr. Mil' Nervine It told by your
rfruaqltt, who will tuerante that tha
flrat bottle will benefit. If It falU, h
wlH refund yur meaty,
MU Medical Ce., Elkhart, lad
Hardwood Floors
IN CANS
Spread thorn on your old floors with n good brush, and havo
an up-to-dnto reception room, dining-room, hall or parlor. Nat
ural wood flnlsb, tough, olaBtlo nnd durable
VARNO-LAC
Exactly linltato all flno woodu, no matter how old tho Burfaco to
bo stained. Tho only nrtlclo niado thnt requires no uklll to pro
duce good results. Avoid disappointment by rornomborlng to aBk
for Vamo-Lack. Mado by Acme White Lead & Color Works,' Do
trolt, Michigan.
GEO. B. JACOB
FItOXT AX1 PIXK BTKEBTS, NORTH BALE.M.PIIONI3 404.
Send the Family
Washing To Us
and you'll never bother with faavlni
It done at horns again. Time wii
whea every family could not attord
to send the washing to a laundry,
bat tlmea have changed , too,
have tha methods and price. Today
you cab better afford to tend the
family washing here than not te
Ask about our prices on family wash
lag, rough dry, or finished.
The Salem
Steam Laundry
Uu M. 1M.1M g. Uharir M
Thompson's
Rose
Nicotine
Kills plant inseota am flowers,
fruit tree, vines or vegetables,
aad
VKKMIN
On human body, dogs cats, fowW,
and in the house.
ColorleMi, Odorlew, BtaJale
Frlee, 26 and 16 eeats at
FRY'S DRUG STORM, !, Or
Headquarters for all kiads ef
spray material.
Ask for heoklet, "How te Destroy
v - ww an vermis.
.. j
Delegation In Congress.
Senator Chan. W. Fulton, Astoria.
Senator Jonathan Bourne, Jr,
Portland.
Itoproa'entntlvo W. O. Hawloy, Sa
lem. Ropreaontntlvo W. R. Bills, Pondle-
ton.
Stnto Officials.
Governor, Gcorgo B. Chamberlain.
Sorotary of Stnte, Frank W. Bon-
aon.
Stato Treasurer, George A. Stcole.
Suporintondont of Public Instruc
tion, J. H. Ackorman.
Attorney Genoral, A. M. Crawford.
Stato Prlntor, W. S. Dunlway.
Stato Labor CoinnilBfllonor, O. P
Hoff. Supremo Court.
Chlof JuBtlco, Robert S. Bean.
AflBodnto JuBtlco, Frank A. Moore.
ABSodato Juatlco, Robort Bakin.
CommiafliouerB, W. T. Sinter, V7.
R. King.
Clork, J. J. Murphy.
Roportor, R. G. Morrow.
Bailiff, P. H. Raymond.
Circuit Judges, Goo. H. Burnott,
Salem; William Galloway, MoMlnn-vlllo.
District Attornoy, John II. Me
Nary, Salem.
Other Stato Officials.
J. W. Bailey, Food, and Dairy Com
mlaalonor, Portland. '
J. W. Baker, Gamo and Forestry
wnrdon, Cottngo Grove.
Robt. C. Yonny, Stnto Health Oft
oer, Portland.
J. H. Lowla, Stnto Bnglnoor, Sa
eom. B. GUllnghnm, Stnto Librarian, Sa
eom. II. G. Van DuBon, Stato Fish Cora
mlsBlonor, Autorln. f
Chns. V. Galloway, Stato Land
Agont, Snloin.
W. W. Bldor, Commnndor Soldier'
Home, RoBoburg.
Marlon County Olllclalfl.
John II. Scott, County and. Probate
Judge.
R. D. Allon, Clork of Courts)
W. J, Culver, Sheriff.
W. Y, Richardson, Treasurer;
B. T. Moores, Superintendent of
SchoolB.
F. J. Rice, Assessor.
B, B. Herrick, Jr., Surveyor.
J. C. Noedham, W. II, Cloulet, Gom,
mlsuloners.
A. M. Clough, Coroner. '
D. O. Dragor, Recorder.
Salem City Ofllciala.
Goo. F, Rodgors, Mayor.
W. A. Moores, Recordor and Police
Judgo.
D. W. Gibson, Marsha! and; Chief.
of Pollco.
Frank Meredith, City Treasurer.
A. O. Condlt, City Attoraey.
Jits. W. Martin, Stroot Commie
olonor. Mark Savago, Chief Firo Depart
ment. W. C. Smith, Health Officer.
City Standing Committee.
Ways and Moana Jacob, Waldo,
Churchill.
Ordinances Greenbaum, Low,
Goodo,
Accounts and Current Exponas.
Churchill, Rndcllff, Bayno.
fltroots Downing, Stockton, Stols.
Public Bulldlngo- Stockton, Stoli,
GoBnor.
Soworago, Stolz, Jncob, Low. '
Plumbing Frnaor, Downing, Go,
nor.
Flro and Wator Low, Rndcllff,
Goodo. '
BrldgoBGosnor, Churchill', Fras
or. Honlth and Pollco HnnB, Jacob '
Waldo,
Lights Ooodo, Hnaa, areonbaum.
Printing -nndcllff, Haas, Frasor,
Publlo Parks Bayno, Greenbaum,
Stockton.
Board of Education.
W. II. Byrd, Chairman.
A. A. Leo, II. O. Eploy, B. M.
CrolBan, Directors.
H. A, Johnson, Jr., Clork.
J. M. Powers, City Supt. Schools.
Salem Fence Wire
t Headqiiartera for Woven Wire
Fencing.
Netting, Pickets, Gates, 8hlngl&s, P,
& B. Ready Roofing, Screen Doors
and Adjustlble Window Screens
All at lowest prices.
Walter Morley
250 Court St. Salem, Or
SALEM WATER COMPANY
omew urrr mazl.
Fr waUr wtIm tWly at
Bills fjM swMkly, U Utum,
AS
v
4
H!
1