Daily capital journal. (Salem, Or.) 1903-1919, March 31, 1911, Image 3

Historic Oregon Newspapers

Daily capital journal., March 31, 1911, Page PAGE THREE, Image 3

Image provided by: University of Oregon Libraries; Eugene, OR

About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (March 31, 1911)

Prev Page of 8 Next Prev Issue Next Text PDF JP2 (3.7 MB) Clip/Print Image

Return to Top

Prev Page of 8 Next Prev Issue Next

Newspaper Page Textr.vue tuKtr SUPREME COUPT PASSES OH MATTERS OF THE INITIATIVE Holds That City of Springfield Complied Substantially With AH the Requirements of the Law in Hoding Election to Extend Its Boundaries--Also Passes Upon a Badly Mixed Row Over a Mechanic's Lien in Which It Tells the Parties to "Go to Law." OREGON SUPREME COURT DECISIONS full Test Published by Courtesy of F. A. Tomer, Beporter of the Supreme Court. The Town of Springfield, lane County. E p. McBee, appellant, v. The Town of Springfield, a municipal cor poration, R. F. Keeney, as assessor of Lane county, Oregon; E. U. Lee, as county clerk of Lane county, Oregon; and H. I Brown," as sheriff of Lane county, Oregon, respondents. Appeal from toe circuit court for Lane coun tr. Hon. h. T. Harris, judge. Ar gued and submitted March 9, 1911. John M. Williams, for appellant. S. p. Ness and E. 0. Potter, for respon dents. Moore, J. Affirmed. Moore, J.: This Is a suit to enjoin the assessment and collection of municipal taxes on about 10 acres of plaintiff's lnml. The cause being at Issue was tried on an agreed state ment of facts resulting in a decree dismissing the suit and plaintiff ap peals. It appears that the Town of Spring field was Incorporated February 10, 1S93, by an act of the legislative as sembly designating the boundaries but not including the premises des cribed In the complaint. The town council upon receiving a petition signed by on-fifth of the qualified electors of the municipality, request ing that an election be held for the purpose of extending the boundaries 1893, p. 119) Is insufficient to em brace an exercise of the power un dertaken to be employed; that the Town of Springfield having been In corporated prior to the passage of the general law referred to, section 4 thereof (L. O. L. Sec. 3209) en deavors to amend the town charter by enlarging Its boundaries; and that the general law is void in that it attempts to delegate legislative authority. The effort to extend the boundaries of the municipality was made after the amendment of the organic law of the state, clauses of which follow: "The legal voters of every city and town are hereby granted power to enact and amend their municipal charter, subject to the constitution and criminal laws of the state of Oregon." Const. Or. Art. 11, Sec. 2. "The Initiative and referendum pow ers reserved to the people by this constitution are hereby further re served to the legal voters of every municipality and district, as to all lo cal, special, and municipal legisla tion, of every character, In and for their respective municipalities and districts. The manner of exercis ing said powers shall be pre scribed by general laws, except that cities and towns may provide for the of the town so as to Include the land ' manner of exercising the initiative involved herein and other real prop- and referendum powers as to their erty, ordered a special election which, municipal legislation. Not more pursuant to notice given as pre- than 10 per cent of the legal voters scribed (L. 0. L. Sec. 3209) was held may be required to order the refer- October 4, 1909, and the votes cast endum nor more than 15 per cent to thereat having been canvassed propose any measure, by the initia tive, in any city or town?" Id. Art. 4, Sec. la. These amendments were adopted by a vote of the electors June 4, 1906, and at the session of the legislature next following an en abling act was passed and made ap- It is maintained by plaintiff's coun- pllcable to cities and towns which sel that the title to the act (Laws Or. had not or might not provide the manner of exercising the initiative and referendum powers. L. O. L. Sec. 3480. The manner thus indicat ed was not followed In undertaking to extend the municipal territory of Springfield, the limits of which were attempted to be enlarged by pursu ing the method prescribed In another general act, a clause of which Is as follow 8: "The boundaries of any municipal corporation now existing In this state, or which may hereafter be Incorporated therein, may be al tered and new territory included therein after proceedings had as re quired by this section." Id. Sec. 3209. It does not appear that the council of Springfield enacted any ordinance adopting the manner pursued in en larging the boundaries of the town. The enabling act referred to contains the following provision: "In all cities and towns which have not or may not provide by or dinance or charter for the manner of exercising the Initiative and referen dum powers reserved by the constitu tion to 'the people therof, as to their municipal legislation, the duties re- 15 per cent of the legal voters In any city or town to propose a measure by the Initiative. Id. Complying with the requirements of the general act as to the manner of changing the boundaries of a municipality and In cluding new territory therein, (L.O. L. Sec. 3209) the petition filed with the council of Springfield was signed by not less than one-fifth, or 20 per cent of the qualified electors of the town. The petition was certainly adequate and the notices posted and published sufficient to authorize the holding of the special election for the purpose Indicated. A compliance with the provisions of the general act last referred to shows that the town council adopted the manner thus recommended and whether this was done by ordinance, resolution or in any other manner Is deemed im material In view of the number of petitioners and of the notice which was given of the election. Believing that the manner of en larging the boundaries of Springfield as pursued was a reasonable compli ance with the clause of the constitu tion authorizing an exercise of the A." '! L . - k. Direct from the sun-kissed cotton fields W&js quired" of certain officers shall be initiative power, the territory there performed In the manner Indicated, by Included In the municipality legal "The provisions of this act shall ap- ly became a part thereof and is sub ply In every city and town In all ject to taxation therefor. The con- matters concerning the operation of elusion thus reached renders It un- the Initiative and referendum in Its necessary to consider the legal prln- munlcipal legislation, on which such ciples for the maintenance of which city or town has not made or does rlalntlft's counsel contends and such not make conflicting provisions." Id. lelng the case it follows that the de- Sec. 3480. cree should be affirmed and it is so In construing section la of article cidered. 4 of the constitution, it was deter- Adorns v. 3TncKenzle, Multnomnh County. W. A. Adams, appellant, v, W. P. MacKenzle, respondents. Appeal from the circuit court for Multnomah county. The Hon. John B. Cleland, judge. Argued and submitted March 6, 1911. M. E. Pogue, A.' T. Lewis (and W. M. Kaiser, on brief) for ap- hiblted from enacting, amending or pellant. E. B. Seabrook (Miller Mur repeallng any charter or act of in- dock and J. M. Long, on brief) for mined that its provision relating to cities and towns was self executing and that the phrase, "municipal leg islation," as employed therein, ap plied to the amendment of a char ter, as well as to the enactment, amendment or repeal of ordinaries. Acme Dairy Co. v. Astoria, 49 Or. 520. The legislative asembly is pro- Cottolene is pure in its source; it comes from the cotton fields of the Sunny South, and is made from pure, refined cotton oil. Cottolene is manufactured in a cleanly manner, amid the most favorable sanitary surroundings. Cottoleneis packed in a manner that absolutely insures its freshness and prevents it from absorbing dust and odors of the grocery. We have such faith in our patent air-tight, friction top pail that we guarantee Cottolene to be fresh and satisfac tory, and your grocer will refund your money if you find it otherwise. Cottolene is worth more per pail than any imita tion, because it is richer, will go one-third farther, and is most economical. Why take chances with inferior imitations? From Cottonfield to Kitchen Human Hands Never Touch the Oil From Which Cottolene is Made Made only by THE N. K. FAIRBANK COMPANY ""1. l'l,'ip"'1'Trffl"l-r showed that a majority thereof in the proposed territory and in the original town site favored an enlargement of the boundaries, whereupon a certifi cate of the result of the election was filed with the secretary of state. corporation for any city or town. Const. Or. Art. 11, Sec. 2, as amend ed June 4, 1906. As cities and towns are authorized to provide the man ner of exercising the initiative and referendum powers in municipal leg islation, except as tp the number of legal voters required as petitioners therefor, (Id. Art. 4, Sec. la) and as this clause of the organic act Is Belt executing, no enabling act was re quired to put Into operation this pro vision of the fundamental law, and such being the case, the general law requiring cities and towns to provide by ordinance or charter the manner of exercising such powers Is advisory only and does not prohibit the adop tion of any other reasonable manner of exercising the powers reserved. It will be remembered that the or ganic law does not require more than respondents. McBrlde, J. Affirmed. McBrlde, J., This is a suit to fore close a mechanic's lien upon dwell ing house In the City of Portland. The principal defense urged Is the failure by defendant to substantially perform his contract according to the plans and specifications. Many de partures therefrom are admitted but as the contract itself provides for changes we have treated all such variations as parts of the contract and within the pleadings. The testimony is very contradic tory. Plaintiff and his expert wit nesses contend that the contract In cluding changes has been substan tially complied with, and that defen dants have really a better house than they contracted for, while defendants' witnesses and experts contend that the building is a marvel of bad con struction about the worst that pos sibly could be imagined. After reading and re-reading and carefully considering the testimony, we find that plaintiff has failed to show that he substantially complied with his contract or that defendants waived non-compliance, and, while we think it probable that plaintiff Is entitled to something more than he has received, we are compelled to leave the parties to their action at law to settle their differences. We have considered the testimony for the plaintiff upon Its merits and without reference to technical objections urged by defendants and these are, therefore, not discussed. The burden of proof was upon plaintiff to show substantial compliance with his con tract as modified and changed from time to time, and we think the pre ponderance of the evidence indicates the contrary. To discuss In detail the evidence, which comprises a vol ume of 500 typewritten pages would serve no useful purpose and there' fore we simply state the result of our Investigation. The decree is affirmed. t Do You Want Jewelry at Your Own Price? It's Al ways a Good Investment. Personal Adornments, the House Beautiful, Count Some with You. Attend The Great Jewelry Auction Sale THAT WILL BE CONTINUED AT 2:30 AND 7 P. M. DAILY. Many hundreds . came Saturday, and the bargains they obtained were the talk of the town. There have been many Jewelry auctions held in this city i . r ' ' ' ,' But this one under the Live Direction of J. T. Kelly of Briggs & Kelly, Chicago Experts in Jewelry Auc tioneering, is Proving a Live One and a Hummer for Thrifty Investors of the Willamette Valley. Don't Miss the Sale Today at 2:30 and 7:30 P. M. YOU WILL SURE TELL YOUR FRIENDS ABOUT IT. Chamberlain's Stomach and Liver Tablets Invariably bring relief to wo men suffering from chronic constipa tion, headaohe, biliousness, dizzi ness, sallowness of the Bkln and dys pepsia. Sold by all dealers. Get it at Dr. Stone's Drug Store o To Cure a Cold In One Day. l 1 The Doctor's Answers On Health and Beauty Questions By Dr. Theodore Beck The questions answered below are general In character ; the symptoms or diseases are given and answers will apply to any case of similar nature Those wishing further ailvlce, free, ma yaddress Dr. Theo. Beck, College Unit?, College-Elwood 8ts, Dnyton, Ohio, en closing self-addressed envelope for reply. No questions wilt be answered unless full name and address is given. Initials or nom de plume will he used In answers. The prescrip tions can be Ulled at any well stocked drug store. Any druggist can order of wholesuler. Take Laxative Bromo Quinine Tab let!. Druggists refund money If It fails to cure. B. W. Grove's signa ture is on each box. 25o. Asthmn : Asthma has been conquered circulation by careful regard to diet, exercise anu general health when the following treat ment has been p rslst ntly and regularly used for from two six months. Try it and If It gives you relelf you can rest ensured that it will be most effective as a cure In your vase, as It has In many others : Oil Eucalyptus 1 dram, Terebeue 1 drum, Essence Mentho-l,axene '& 1-2 ozs., Glycerine, pure, 0 ozs.,. Mix. Shake the but tie and take n teaspoourul every hour or two during attacks and 3 doses dally at other times. Delia: Your distress Is due to a compli cation of Ills due In a great measure to poor circulation which affects the delicate organs of yuur sex, cuuslug the usual ab normal symptoms of pain, griping, head ache and Bareness In your chest and under the shoulder blades. Your weight Is 20 normal symptoms of pain, gripping, bead pouuds below normal and your blood Is In poor conumou. ituve hub jireacnjiuuu filled and use regularly for several mouths : Vliburnum I'ruuMoIluin 1 oas.. Tincture Cadomene Comp. 1 o., C'omp. Syrup Hy poposphltes IS ozs. Mix, and take a teas poonful every three hours during the day, following by a glass of water. Also obtain Sg.-uln Hypo-Nuclane Tab lets and tnke as per directions accompany ing sealed package. Downhearted : The trouble with your feet will require a long course of treat ment to correct, but by patience and per sistency the following treatment will do It. This, also, will relieve and cure tired, aching, sweaty anil calloused feet, as It is a local tonic and stimulant to the muscles, ligaments und cells. To a gallon of hot water add a teuspoonful of Vllane Pow der and a teaspoonful of alum. Immerse the feet 15 or lil) minutes each night. Then bathe the feet In cold water and dry. Itose: Your acute Indigestion, accom panied by constipation has brought on rheumatism through mitl-asslmllatlon or a roiistnut nbsorptfon of poisons which should have been eliminated, You must first regulate your dltt. Discontinue cof fee and tea. Omit meat almost entirely ; also slarches bucIi as fresh brvnil, pastry and potatoes, except baked. Always eat ess than vour anpetlte craves, for tne Indigestion tnke Tablets Trlopeptlne; pink after breakfast, white after dinner, blue after supper. Also take 1-2 to 1 teaspoon fid of the following to correct liver and bowels: Kl. Kxtrnec Mandrake 8 drama, Aromatic Kl. Cusrara 1 oz., Com. Essence Cardiol 1 oz.. Aromatic Hyrup Khubnrb 4 ozs. Jllx three or four doses dally. After three weeks alternate and take the fol lowing as a powerful tonic to Improve the Cntnn Hvrnn TTvnrmtmnnhlfpa ozs., Tincture cadomene Comp. 1 ox. (not Cardamon. I this course or treatment snouia be con tinued uutll entirely relieved. Helen : Excessive perspiration under the arms can he relieved by washing morn ing and night with a pint of warm water to which litis been added a level teaspoon ful of AntlBeptlc Vllnne Powder ; but to cure, the only sure method Is to bathe the entire body once dally nua keep tue bowels active. The perspiration should not b checked altogether. Mrs. I.ny : Your stomach trouble Is due to an excess of acid, causing much gas, rumbling, headache, sour rising, etc., especially after eating acid fruits, etc. Take Tablets Trlopeptlne as per direc tions accompanying sealed package. Also take 1-4 teaspoonlul of Nodlnin Phosphate In wnter after each meal. If consti pated, take 3-grnln Tablets Sulpherb, put up In sealed tubes. Never take a sub stitute for anythlug I prescribe. George : Your questions and symptoms have been answered and explained several times heretofore' In these columns, but as they may have escaped your attention I will repeat my advice as I have for many others. Your description Indicates your blood Is poorly circulated and your main trouble is prurltls anl (itchlDg plies). The only reliable treatment Is as follows : Mix Hyposulphite of Soda 2 ozs,. Antiseptic Vllane I'owder 2 ozs. Add a teaspoonful to a pint of warm water and wash the parts thoroughly with It twice dully, af ter which apply the following ointment: Curbolic Acid 40 minims, Citrine Ointment 4 ozs, Rose-Kayloln 2 1-2 drams, Lanolins 1 oz. Mix, and apply twice dally. Continue until cured. To Improve the circulation, tnke a teaspoonful H to 6 times dally of the following: Tincture Hnmaiuells 2 ozs. Tincture Cadomene Comp. 1 ox.. Aromatic Syrup of Khubarb 3 ozs. Mix. Julia: I do not know thei formula you refer to. An excellent and reliable stain for the hair which is not harmful, but beneficial ns a hair tonic, follows: Take six heaping tablespooiistul of coffee and boll it In three pints of wnter until re duced hy evaporation to 1 quart. Strain thoroughly, let cool and then add one ounce of Vllane Towiler. Shake and dampen the hair twice dally. Uy making the coffee stronger or weuker you cau make any shnde you desire. The odor of coffee is lost by long boiling. A. V. Ii. : Your trouble being of a seri ous private nature, you should write, giv ing full particulars, name and address. I cannot answer in these columns. Send for my examination chart. ail patent medicines or medicines ad vertlscd in this paper are for sale at DR. STONE'S Drug Store Tbe only cash drug store In Oregon owes no one, and no one owes It; carries large stock; Its shelved, counters and show cases are loaded with drugs, medicines, notions, toi let articles, wines and liquors of all klsds for medicinal purposes. Dr. Stone Is a regular graduate in medi cine and has had many years of ex-! perlence in the practice Consulta- Hons are free. Prescriptions are free, and only regular price for med icine. Dr, Stone can be found at bis drug store, Ealern, Or., from 1 in tbe morning until 9 at night Oreg.ii Salem's most poular res taurant THE WHITE HOUSE We cater to the public who demand a good meal for a small price;. Wm. McGilchrist & Sons. IGold Dust Flour a . , .,. u,'i,k!i?v nAnrvil nwiv uy uio siunKZ iuwn OOMPAN V, ftydt-ey, OrcgoB. Made f r Family Cse. Ask your grocer for It. Bra ad Whort lws om ha.sl. J P. B. WALLACE, Agt. The Bosom Sets Flat t The stud builou holts fxuctly meet, the neck band does not bind on your neck; button colon exactly meet buttons, no bulging front. In fact a perfect fit it we launder your shirts. It is done with our new STEAM PRESSES, which do not iub or burn the fibre, but MOULD the cuffs, neck band and bosom to a PERFECT SHAPE. Try the, new work. Visitors welcome. Salem Steam Laundry 130-100 South Liberty Street Phone 24 POWERS' JEWELRY STORE 247 North Commercial St, Phone 1 87 1 fl II II Li If mm PELS for backad i, rheumatiem, Jridney or bladdr trouble, and urinary .rriu.iitiea. Foley's Kidney Pills purify the blood, restor loat vitality anj vigor. Kelu&e substitute. RED CROSS PHARMACY.