ttfW-W
DAILY CAPITAL JOURNAL, SALKM ORWGON MONDAY, AUGUST 12, 1007.
e rrum
't.i
convL
I
since Mav. 1900, Aycr's Sarsaparilla has been
entirely free from alcohol. If you are In poor
health, weak, pale, nervous, ask your doctor
about taking this non-alcoholic tonic and altera
tive. If be has a better medicine, take his.
Get the best, always. This is our advice
VehT no aeorett! Wi publish J. O. Ajtr Co.,
throrginUorU our preparation. LowbII, Mm.
SUPREME
COURT
UtofO. Referendum Case
rilmon Ford said in part:
InnonentB have expressuu
mst of tho petitioners who
j,g to have this law rererrea
0ple. This is mo mw vm-
Iran mcre " ...........
Lion for tho support ana
nCe of tho University oi
from $47,500 per year, to
m rear; and providing
ihall be n continuing fund,
I h not all used up in ono
t the remainder snau uo
md appropriated for tho
I la addition to tho $125.-
Itaat current year, instead
lig It back Into tho stnlo
Our opponents complain
petitioners nro not to ho
(that they nro but flvo per
oilstlns largely of tho
Cg 01 cri'Hiiuu, Willi
ihlng better to do than
ire with tho laws passed by
llature Tlicy, our oppon-
to have forgotten that tho
Ore?on, by tho passago of
Illative and referendum
lots to the constitution,
blared a like distrust of tho
assembly, and hnvo ro-
Bto themselves tho right to
End r fer laws, independent
tody.
Icople of Oregon, for tho
on that they were dlstrust-
i legislature, and know that
tot at alt times ho entrusted
bo filed within 90 days from tho ad
journment of tho legislature which
passed tho measure sought to bo re
ferred.
Nothing, by way of restriction can
lawfully bo added by tho legislature,
for tho courts hold "that It Is not
within tho power of tho legislature
to deny, abridge or extend tho con-
atlfnHnnnl rlcvlif nf atIVfn.. mi. -.
. uv.vuv. ...... ..D... w. OUUIUCJU. J.UU
lljed By Hod. TllmOn rOTd right of suffrage is guarded with
jeaious soncuuuo by a freo people,
and should bo so viewed by those in
trusted with tho mighty powor of
guarding and vindicating their
sovorelgn right. Such a construction
of tho law as would permit tho dis
franchisement of largo bodies of
voters bocauso of an error of a
slnglo Individual should nover ho
adopted whore tho languago In ques
tion Is clearly susceptible of nny
other." So sny tho courts.
Tho law of 1007, attempts to add
tho further restriction, that tho
"titlo" (which is not required by tho
constitution), shall bo Included with
tho full "text" of tho measure,
which latter is provided for by tho
constitution. In other words, they
Bay that "Initiative petitions" shall
hnvo attached to them "a full and
correct copy of tho 'titta and text' of
tho mensurc." and that "referendum
petitions" shall hnvo attached to
thorn a "full and correct copy of tho
"measure."
Now In tho cnBO nt bar, thoro was
nttachod to tho referendum potltlon,
a lull and correct copy of tho "monB
uro," and wo understand tho
language of tho law, and thoro wn&
attached to it n "title" which was
sufficient under tho constitution for
any act. Howovor, tho titlo was not
nn exact copy of tho titlo of tho act
of tho lcgisiaturw. Our oppononta
contend that "a full and correct copy
of tho 'mensuro' " means n full mid
correct copy of tho "titlo and text of
tho measure."
In this they aro undoubtedly mla
meaning of tho act of tho legislature
of 1907.
Howovor, If our petition was not,
for tho reason stated, sufficient
within the meaning of tho law of
1907, then the law of 1907, in so far
as It attempted to add tho additional
restriction with respect to title, Is
void, because It contravenes tho
direction of tho constitution.
Furthermore, If construed as
directory only, that Is to say as ad
visory to tho people, tho law might
bo held to bo constitutional; but
then tho law must bo liberally con
strued, and if tho petition sufficiently
points out tho law sought ito bo re
ferred, so that no ono is misled as
to what law It is to bo voted upon,
then It is sufficient complianco with
tho statute of 1907, as woll ns tho
constitution.
In conclusion I doslro to urge up
on the court, that under section 1 of
article IV, of tho amended constitu
tion, when flvo por cont of tho legal
voters havo signed up and presontod
to tho secretary of stato, a petition
asking that a law bo referred to tho
peoplo for adoption or rejection at
tho next general election, thon tho
whole peoplo of tho state of Oregon,
through said constitution amend
ment, demand that that request bo
complied with by tho secretary of
state.
dliburacmontB of public taken, becnuso tho legislature drew
Ire adopted a sol f-oxecu ting
on, reserving unto thom
i right to legislate by Initia
tion, and to provont tho go-
effect of Ieglslntlvo nets, by
kdtng that they first bo buu-
a rote of tho people, nnd
btltHy known ns tho "rofor-
toartltutlonnl amendment.
VA )lf& tnf nnl.i MAnAHiiml
rv ..is nub UlUJ lUOUIVl'U
r. but they have placed In
pdlaslon tho restrictions,
Mr restrictions that can be
tho right to inltlnto, or
M to a votP of tho noonlo.
R'.i!ifuroof 1907, has scom-
esjted to place further
bi upon tho rights reserved
ople, and those additional
restrictions are undoubt-
onstltutlonal and void.
ample, tho constitution pro-
t the Inltlntivo petition
Nn, In theso werds: "And
la petition shall lncludo tho
of tho mensuro so pro-
r, the legislature by tho
1907, says: "Every inltla-
loa shall contain a full and
P7 of tho 'title and 'toxt
FMiure so proposod." Thus
wn that the leislslatiiM
Pt!ag to compel tho peoplo
e petition tho full tltlrt
roposed measure, which Is
Pred by the rnnaHtnilr.r.
beyond the power of tho
'. for when tho constltu-if-executlnS,
the legislature
aa restrictions whinh nm
BQed In tho nnoH..Hn
referendum petitions, tho
pon nmvtdoc. ..
'ed with the sftrtnr
Pt Cm ibn -I--...
... uiuuty any
anal adjournment of tha
'i the legislature whiMi
t9 tl I On WhlPh tha t-nfn--
1 demanded "
M :i here said a to what the
Pl.IOn Shall rnntnln
fair t pre8ume and Wg
no O'ner rnnM.cl
N "-IUU Uilll
than ,-, t. . . . .
or. v . waa '"ended
"ore should h ..!.., .
"ill.. ",U Ul
'Petition than for an
Petition Vb ,!,. ...
Hon i.i mis ina;
POO h!ch falrlv H.. ...,
Cfit to be referred, so
erenl" m,S,ed' u a "
Tt ?h PetlUoa w,th the
ot e constitution.
.!? Ich tho
;- upon the right of
to Betltln.. b l OI
" ur rexerendum
Won i. .. ' oters to
- "Ha
HI
tk.i. .. .
cn petuioa aiuU
a clean distinction between "initia
tive" and "referendum" potltions,
by providing that a copy of tho "titlo
and text of tho measure," should bo
Included In tho former, and a "copy
of tho measure should bo Included iu
tho lattor."
Furthermore, Iho legislature hnd
no powor to say that both tho. "titlo
nnd text" of tho measure, Bhould bo
included in either, becauso it would
ho adding a restriction to thoso al
ready provided by tho plain wording
of tho constitution.
It is argued by counsel that the
word "mensuro" bb used In tho law,
is synonymous with tho words "bill"
and "act"; but wo submit that tho
words "bill" nnd "net" aro not
synonymous terms, nnd havo hut to
refer to tho Constitution of Oregon
to prove our contention. It will ho
seen that in section 1, of nrtlclo IV,
of tho old constitution, it was pro
vided that "Tho Btylo of every bill
shall ho, 'Be It enacted by tho legis
lative assembly of tho stato of Ore
gon,' and no law shall bo enacted
except by bill." And section 18 pro
vides, "Dills may originate in either
house, but may bo amended or re
jected in tho other, except that bills
for raising rovonuo shall originate in
tho house of representatives." Thon
section 19 provides for the manner
ot reading, of "bills."
Down to this place in tho constitu
tion, nothing Is said of any "act of
tho legislative assembly." Tho rea
son Is plain. It is not yot an "act of
the legislative assembly," for It
nover becomes an "act" until Its final
passage. Now It will be seen that
section 20 provides that "Every act
shall embrace but ono subject,
which subject shall bo expressed In
tho title." 'Nowhere In the constitu
tion Is tho word "title" used In
respect to a "bill." Tho titlo !s
only required to bo n part of tho
"act." And thus It is, when a hlU
has been placed upon Its final pas
sage, tuo presiding omcer osks ine
question, "shall the titlo of tho
hill, stand as tho title of tho act?"
If it is then thought that the title,
or naino given to tho bill, Is suffi
ciently expressed under tho constitu
tion, It Is permitted to stand as tho
title of the "act," and If not it is
then and there amended.
This shows that the words bill,
nnd act, are not synonymous ex
pressions. In the case at bar, we did
have tho exact title of the "bill" but
It was not exactly as amended and
attached to the "act,"
The word measure, as used In the
law, refer to the "original draft of
the bill." and inasmuch as we bad a
Thoro is moro Catarrh in this sec
tion of tho country than all other dis
eases put together, nnd until tho last
fow years was supposed to bo Incur
able. For a great many years doc
tors pronounced It u local dlsonso and
prescribed local remedies, nnd by
constantly falling to euro with local
trcntmont, pronounced it incurable
Scionco hna proven catarrh to bo n
constitutional dlsoaso and therefore
requires constitutional trcntmont.
Hall's Catarrh Cure, manufactured
by F. J. Cheney & Co., Toledo, Ohio,
ii tho only constitutional euro on tho
market. It Is taken Intornally in
doses from 10 drops to a tenspoon
ful. It acts directly on tho blood
nnd mucous nurfuccs of tho systom.
They offer ono hundred dollars for
nny enso it falls to euro. Sond for
circulars and testimonials.
Address: F. J. Cheney & Co., To-
lodo, Ohio.
Sold by all druggists, 75c.
Tako Hall's Family Pills for con
stipation.
o
Pocntollo Isovh Hoirs to Millions.
Arthur nnd John Watson of this
city, employes of tho Oregon Short
Lino, aro heirs to a portion of tho
$5,000,000 cstnto loft 'by their dls-
tnnt rolatlvo, M. Holt, a crockery
manufacturer of Manchcstor, Eng
land, who died not long ngo, leaving
tho bulk of his Immense estato to
tho children of his decensed daugh
ter, Mrs. Emma Holt Watson, snys
tho Pocntollo Trlbuno. A sister of
tho Wntson boys. Mrs. John L.
RlggB of Ulnckfoot, will also partici
pate. Mrs. Rlggs received a letter
from a firm of Manchester attorneys
tho othor dny, notifying her heirship,
and enclosing a check for $350.
Mrs. Rlggs nnd her brothors will at
onco arrango to go to Manchester to
claim tho big fortuno. East Ore-gonlnn.
X'Xll
o
regon
WILL BE AT
tate Fair
Sept. 1 6 to 2 Inclusive
They will find the gtounds in feette
tfon and mote attractive than eve
condi-heiote
THE? WILL FIND MANY NEW BUILDINGS. ALL IN AIiL, THEY WILL SEE THAT OREGON HAS
HOLDING, A
V
GREAT
n
FAin
THE BEST FACILITIES OF ANY STATE WEST OF THE KOOIOES FOIt
THE INCREASED CASH PREMIUMS AND SPECIALS WILL BRING THE
SHOW EVER SEEN ON THE PACIFIC COAST, AND IT WILIi COMPARE FAVORABLY WITH THE
BEST FAIRS OF THE EAST AND MIDDLE WEST.
GREATEST XtVJSflTOOK
... :0
Some of the Best Horses in the United States Will Be
Hee to Participate in the Speed Ptogtam
SOME OF THE MOST ATTRACTIVE PURSES EVER nUNG UP FOR A WESTERN RACE MEET WILL
t
MAKE EACH INDIVIDUAL EVENT WORTH COMING LONG DISTANCES TO SEE. THE COUNTIES
WILL PUT UP THJGIR BEST IN TRYING TO SECURE THE PRIZES FOR THE EXIIIIIITS OF THEIR
PRODUCTS. THEIR WILL BE SPECIAL RATES ON ALL LINES OF TRANSPORTATION FOR PAS.
SENGERS AND SPECIAL FREIGHT INDUCEMENTS FOR ALL EXHIBITS.
If you wish any particular information it will be cheer
fully given by
W. H. DOWNING, Pres.t F. A. WELCH, Sec,
SHAW, OREGON SALEM, OREGON
HAD AN AWFUL TIME.
But CIinmbcrlAin'fl Colic, Cholera
and Diarrhoea Remedy Cured Him.
SVS2ni
the lecroUry or full and correct copy of Ut orliiaal
. 'draft, attached to oar petltkw, it
waa awply twlRlat witala tk
It Is with pleasure that I glvo you
this unsolicited testimonial. About
a year ago whon I had a severe cano
of moaslcs I got caught out in a
hard rain and tho measles settled In
my stomach and bowels. I had an
awful time and had it not been for
tho uso of Chamberlain's Colic,
Cholera and Diarrhoea Romcdy I
could not havo possibly lived but a
few hours longer, but thanks to this
remedy I am now strong and well. I
have written tho above through sim
ple gratltudo and I shall always
spoak a good word for this remedy.
Sara H. Qwln, Concord, Ga. For
sale at Dr. Stone'., drug store.
o
Ono of Oklahoma's senators-elect
U a blind man, but, to employ an
Hlbernianlsm, ho can see Into a
great many things In Washington If
he keeps his ears open. Minne
apolis Journal.
o
Tho Limit of Llfo.
Tho most omlnent medical scion-
tlsU aro unanimous in tho conclu
sion that the generally accepted lim
itation of human life is many years
below the attainment possible with
the advanced knowledgo of which tho
race la now poesearfed. Tho critical
period, that determines it duration,
seems to he between 50 and 60; th
proper care of the body during this
decade cannot be too s-troagly urged;
carelftMeaM then belag fatal to
longevity. NaUre'a helper altar
69 1 Siectrte Blttera, tk ccUatilc
teal wedlelaa that wltalkm rtj
ergaa of tha hedy. Oaaratd r
J. C. Parry, inu. itc.
Snlem v Peaceful City.
Tho city Jail contains only ono
prisoner at present and ho is ro-
tulnod only for a minor offonso nnd
will bo rolonsod In a dny or so.
Thoro has boon very fow urrosts dur
ing this month which speaks woll
for a city of flftoon thousand in
habitants. Tho total amount which
has boon collected from fines during
July by Chlof of Pollco Gibson's
hooks Is $200. While Salem Is not
ovorburdoncd with pollcomcn yot In
compnrlson to othor cities good pro
tection Is given and tho crimes nro
comparatively few,
o
! Remedy for Dlarrhoca-Ncrer Known
to Fail.
"I want to say a fow words for
Chamborlaln's Colic, Cholera and
Diarrhoea Remedy. I havo used this
preparation In my family for tho past
flvo years and havo recommended It
to a number of peoplo In York coun
ty and have nover known it to fall to
effect a euro In any instance. I fool
that I can not say too much for tha
best remedy of tho kind In the
world." S, Jomldon, Spring Grove,
York county, Pa. Thia remedy Is
for salo at Dr Stone's drug store.
Oxford hns mado Mark Twain n
doctor of litoruture, and cortnlnly It
noeds ono. Philadelphia North
Amorlcan.
General Bell denies that ho over
said there was anything the mnttor
with tho army. We can now breathe
freely again. Portland Express,
o
Eczema.
For tho good of thoso suffering
with oczema or othor such trouble, I
wish to say, rny wifo had something
of that kind and after using the doc
tors' remedies for Bomo time con
cluded to try Chamborlaln's Salve,
and It proved to bo bettor than any
thing sho had tried. For sale at Dr.
Stone's drug store.
o '
Would nny of tho good old gentle
men who Blgned tho Declaration of
Independence havo run from a sub
poena server? Chicago Record-Hor
aid.
"Regular aa the 8a"
In an axpreaaloa aa old a the race.
No doubt tha rUlag aad setting ef
the sua la tha neat ragalar Berfom
aaea la the ualrer, aalaM K la tha
actio of tha liver aad hawala whe
ragnUted lth Dr. Klaag Haw Life
Fills. Gaaraatead hy J. O. Perry,
Jiriutt. Sfa.
Tho old Pennsylvania Dutch Duu
kard rccommonds "Hickory nark
Cough Romody." Ounrantocd to euro
your cough, and guaranteed to bo
pure. Mndo from tho bark of tho
sholl bark or whlto hickory treo.
For salo by dealors ovorywhore.
o
Kiiriortjcd by tho Country.
"Tho most popular romody In Otse
go county, and tho best frlond of my
family," wrltos Wm. M. Diet, editor
and publiahor ot tho Otsego Journal,
Gllhortsvlllo, N. Y "is Dr. King's
Now Discovery. It has proved to be
an infalllblo euro for coughs and
colds, making short work of the
worst of thom. Wo always koop a
bottlo in tho house. I bollovo it to
bo tho most valuahlo proscription
known for Lung and Throat dis
ease." Guaranteed to nover disap
point tho taker, by J. O. Porry'a drug
store. Prico 60c and $1.00. Trial
Uottlo freo.
Special Eastern Excursion rntca.
May 20, 21, Juno G, 7, 8, July 3(
4, 6, AugtiBt 8, 0, 10, Soptomber 11,
12, 13. To Chicago and return,
$73.15. St, Louis and return, $09, lb
St. Paul and return, Omaha, Council
niufTs, Sioux City, St. Joo, Kansas
City and return $01. GC.
WM. M'MURRAY,
r-21-tf Gen. Pas. Agt.
PUBLIC SALE
I will soil nt public salo at tho
State Fair Grounds, Salem, Or.
Uoglnnlng ut 1 o'clock P. M., on
Saturday, August 1 7, 1 907
80 Head of Horses
Consisting ot hoavy draft horses,
driving horsos, saddlo ponied, brood
mares, two-ycnr-old coltd, noarly all
tho abovo hroko to harness, must bo
sold and will absolutely go to the
highest hlddor. Anyono having
horsos to soil can havo thom sold at
this salo.
J. A. COOPER, Owner.
J. P. GOODE & SON, Auctioneer.
fcaf tfliHtaV iilii&d1& KSSir
TO IIUV A DAKINO POWDER
WHOSE QUALITY IS UNIFORMLY
GOOD, YOU SHOULD INSIST ON
GETTING- EPPLEY'B PERFEC
TION RAKING POWDEH. IT IS A
HOME PRODUCT, AND IS PUT UP
IN GLASS JARS AND IS HANDLED
BY ALL LEADING GROCERfl.
MANUFACTURED BY O. M.
UtTLMY, IALHM, ORBGOX,
a
YOUR EXPECTATION for a
dollclouB moal will bo fully
reallzod If you patronlzo m,
whon you buy Poultry, Salmon,
Salmon Trout, Halibut, Oys
tors; also Duttor and Eggs.
SPECIAL Cholco Poultry for
Saturday'd. Hlghoit cash prico
paid for Duttor and Eggs.
THE 8TEINER MARKET.
H25 North Commercial
Phono lli5 R. S. Clark, Prop.
Mitat)8taeaii
O C T. Co.
-STEAMERS
!
POMONA AND ORKGONA LKAVK
POR PORTLAND DAILY, HXCMPT
HUNBAY AT A. U.
P. H BALDWIN, Ag.