Newspaper Page Text
CANNOT LAWFULLY. BE EN-
., FORCED ON THE NEW WARDS
OF THE CITY
Cfcfef Justice Waldo Held the Legis
lative Cannot Create New Qaaii
. fications Tfiat Ate Not in tfie
Republican Members of the Chatter Commission Opposed
Polltax Restriction on Voting, and the Disfran
chising of Voters for Non-payment of Taxes.
Tho Cltizons' council at its last sos
sloa ordorod tho poll tax clauso en-
forced against votors In thp now
-wards, as woll as in tho old city.
Man pooplo bollovo this was an in
justice, as "thoro Is no way for tho
city government to provo, from Its
- records, who paid tho $3.00 poll tax,
or who had not paid.
Prominent lawyors interviewed yes
torday in. Tho Journal, Including At
itornoyB Bnyno and Blator, who wore
-on tho comnilttoo that, drew tho chap
tor, declared It was not tho intonllon
to forco tho poll tax provision on the
now wards. Poll tax collection has
ndt boon pushed, and hundreds would
City llocordor Judah published an
opinion In this monilns's Statesman
'from Mr. Slater, who, ho Bays, framod
tho poll tax provision of tho Greater
Salem charter. Horo Is Mr. Slater's
opinion in full:
Mr. SUtqr'a Opinion.
"Salem, Or., 13ec. 2, 193.
"fc. J. Judah, Itccordor of the City of
"Dear Sir: At your request mado
on behalf of tho city of Salem, for
my written opinion whethor as a mat
tor of law tho city of Salem, through
Its stroot commissioner, can demand
and onfprco tho payment to it by each
of tho mnlo cltizons who is an inhabi
tant of tho territory of this city, and
who Is ovor 21 years and undor 50
years, and who would not bo oxqmpt
from road duty under tho general
laws of Oregon, of a road poll tax of
$3 for each Individual who has not
.already paid such tax for tho year
1003, boforo such inhabitant, can le
gally voto at tho coining election. I
Iiav,o oxamlnod Into said matter, and
state as my legal opinion that the
city of Salem can not demand or en
force Uio payment of such tax. If nn
inhabitant of such torrltory bolng II
nblo for such tax to tho road district
or which his placo of roBldonco was a
part boforo having boon transferred
by law within tho boundaries of tho
city of Salum has paid such tax he
will bo uutltlod to voto without paying
any further tax, but If ho has not paid
such tax ho wilt not bo entitled to
voto at tho olty election, but may
qualify hltttHolf so as to bo nblo to
vpto by paying tho snld tax to tho
road supervisor of the district to
which ho formerly belonged, or ho
may voluntarily pay snld tax to tho
ojty of Salum. which may racolve It,
but cannot .enforce payment.
"Uy tho general statutes of Oregon,
said mad poll tax Is duo and collect-!
nblu at any tlmu betwuan tho tlrst day
of Maix-h nnd the first day of Decem
ber to the road supervisor, and suah
tax was due and collectible from each
Inhabitant llnhlo therefor In huou ter
ritory, before it became, a part of tho
olty of Salem. By the chnrtor of said
olty, now In forco, auch tax is levied
by the wild council at tho samo t lino
other taxee are levied, and said tax)
for the pretext year had been levied
upon aud against the Inhabitants of i
the cltisens uf Salem prior to the
first day of October. 1903. so ilmt a
persen becoming an Inhnbituut of the
olty after said dale, either voluntari
ly or Uy force of statute, would not
bo liable to the olty of Salem for such
tax, but before he can legally bo en
titled to vote at the coming city elec-
tlon Ke must have paid, to the super
visor of the road district of which he
, was formerly an Inhabitant, a road
poll tax for 1903.
"All of which Is respectfully sub
ndtM. W. T. SM.TKR."
Opinion Looks Doth Ways.
Reading Mr. Slater's opinion care
fully It is not clear. Wnlto It says tho
city cannot enforco payment at the
ond of tho first paragraph, It declares,
at tho end of tho second paragraph
that tho citizen of tho suburban ward
cannot voto unless ho first pays the
country road supervisor his poll tax.
How can Uio right to voto under a
city charter bo annulled by paymont
or non-payment to a county road su
pervisor, acting undor a stato law?
How doos a country road supervisor
get any Jurisdiction at an olcctlon.
carrlod on under a city chnrtor, In a
torrltory whoro ho has no Jurisdic
tion? Will tho Judged and clerks at tho
city election In tho now wards noxt
Monday daro to enforco such a non
senslcal rule against their neighbors
a rulo for which thoy can show only
Mr. Slater's opinion?
Dut tho purpoao may bo to Involve
tho wholo coming city oloctlon In lltl
gatlon, and thus seek to defeat tho
charter. Tho poll tax provision would
novcr stand tho tost of tho courts In
It is an Unjust Restriction.
Tjfi Citizens' party, having a ma
jority of tho Judges of oloctlon In each
ward, will havo It in their powor to
onforco tho law, undor Mr. Slater's
Tho enforcement of this provision
will work a hardship on many young
men, and mon with families to sup
port, to whom tho paymont of $3 for
tho privilege of casting a ballot will
soom rather high.
Tho man who Is oxompt from poll
tax by reason of ago or military or
fireman's exemption will have a great
advantago In any oloctlon, and, under
tho operation of this law thoro will be.
each yoar a largor numbor who will
not voto, or whoso poll tax will be
paid by somo rich man who can nffonj
to opornto in city polities.
Following Is tho only supremo court
doclslon touching on this quostlon of
imposing a restriction by tho loglsln
turo on tho right of suffrage:
Judge Waldo's Decision,
In W'hlto vs. Multnomah County, 13
Oregon, pp. 817-326, Waldo. C. J.,
"As wo construo tho constitution,
every law which raautros provlous reg
istry as a pro-requlslto to tho right to
voto Is Ipso facto void." 0 "Tho
right to vote Itself has been placed be
yond their Interference or control."
"Tho right to vote under the
constitution Is a vested constitutional
right." Ilut undor this act ho
who goes to tho (Hills on election day.
IposoomIuk every constitutional quail-
nention, may find that tho loglslnture
hnB stepped in betwoen him and the
constitution. Ho finds his voto denied
because he has not dona something
which the legislature has tequlrod him
to do. He discovers that he Is not a
qualified olootor, and yet he Is told
that his omission to do the nrt which
had effect to disqualify him Is not itself
'a disqualification; or If he have per
formed tho act, that hie performance
doe not constitute a qualification
This will not square with the logic of
facts." "Can the legislature,
then, take away from an elector his
right to vote while he possesses all
the qualifications required by the con
stltutlon? This Is the question now
before us. When tho cltlsen goes to
tho polls on election day with tho
constitution in his hand, and presents
It as giving him a right to vote, can he
bo teld: "True, yoif have every quail
fleatlon that instrument requires; it
deolnroa you entitled to the right of
an elector; but an aet of assembly
forbids your vote,. and, therefore, it
cannot be received.' If bo, tho legls-
Islature Is superior to the organla
law of the state; and the legislature,
Instead of being controlled by It, may
DAJLY JUDAL, SALBM, RSfeM,
;., aw. - ' g .
. mW:tna "coniltuton it ihilrfplf
lure. Such I 'not th law."5 -1
What the Constitution 8;Iy.
Tho constitution declares- that uay
mnln r-IMrAn nver 21 who hna resided
lntho state for slX'taonthtf, or nn
alien -who- has -declared his Intention;
a year previous shall be entitled to
vote at all electlons-'authorlzed by law.
Citizens Demanded the Restriction.
In drafting tho charter tho flvo Cit
izens' members of tho charter com
mission, and the threo from the
Oreatcr Salem Commercial Club, who
are now Citizens, all demanded tho
noil tax restriction on voting. The
Republican members opposed it, nnd
John II. McNary and T. B. Kay fought
tho provision in the charter commls
slpn, and before the Greater Salem
Commercial club. Mr. Kay carried
his fight Into the legislature, but was
ovorrulod by tho rost of the delega
tion, because it was feared It would
ondangjr tho wholo charter. But Mr.
McKay and ,Mr. McNary arb still op
posed to it, and will mako a fight to
havo It struck out of (ho charter at
tho earliest opportunity, which will
bo at tho special session, if general
legislation is permitted. If the poll
tax restriction' is wrong, it is riot the
fault of tho Republican members of
tho charter commission, but was
forced upon tho voters of this cpmmu
nlty by tho Citizens.
The Utah Situation.
Salt Lnko, Doc. 4. Coal strlkoro at
Cntstlogato last night chained a
plank across tho main line of tho Rio
Grande & Western. It was discovered
in time by tho guards. Tonta aro be
ing erected at Sunnynido to accom
modate tho miners bolng shipped In.
A number- of employors of members
of tho national guard today notified
Governor Wolls they cannot hold their
positions opon for them, unless they
nro discharged from military sorvlco.
Robbed a Messenger.
Baltimore Dec. 4.- A runnorfortho
Merchants' National Bank was robbed
in tho postofllco this morning, at D
o'clock, of a registered letter, which
ho had Just received, and placed In
a cntchol, which ho sat down while, he
slgnod tho receipts. A man seized the
satchel and escaped through a crowd
of pod03trlans. It is rumored tho
packages contained $100,000, but bank
officials Bay only about $2000.
Bonier the Murderer.
Buffalo, Dec. 4. Officials this
morning stated thoy had sufficient ov-
ldenco to convict Bonlor of pmrdor-
ing tho ngod Frohr couple. Bonier
this morning gavo his ago as 76. Al
though twisted, with rheumatism ho
Is oxcoptlonalU' powerful.
1 u i ' i
Lydla E. Dreyfus.
Paris, Dec. 4. Dreyfus said if his
caso Is rovived, as ho hopes it will bo,
ho will demand relnstntomont in tho
army, and then immediately resign.
THE 8TAMP OF TRUTH.
Salem Residents Know It Well.
Thoro Is tho stamp of truth on &
statemont endorsed by noonlo wo
know by our frionds and nolghbors.
Tho following oxperlenco of a citizen
is but ono caso of scores right horo at
Charlos Boadlo. vetoron of tho civil
war, mombor of Co. I, N. Y. Infantry,
residing at 423 West Sixth street,
Bugono, Oro., says: "I was afflicted
with kldnoy complaint for a great
many years, I might say. ovor since I
camo out of tho sorvlco in tho slxtlca.
I novor know thef momont when any
ovor oxortlon of tho contraction of a
cold would bring on an attack, and on
moro than ono occasion I have beon
so bad that I was almost helpless.
Tho last Bororo attack I had was about
six months ago whon tho lameness
across tho small of my back set in in
dead earnest and folt an thouch thoro
woa a heavy weight over oach kidney.
Thoro was a weaknees ot tho bladder
and kldnoys and tho Becrotlons wore
not under proper control. Somo of tho
numorour remedies I used gavo tem
porary rollof but that waa all Learn
ing about Doan's Kldnoy Pills I got a
box. I folt their beneficial results af
tor a fow doses. J shall always keep
them on hand to havo In caso of need
I mot ono of ray old comrades, Mr.
Stowoll, who waa complaining ot his
back nnd kidneys. I Hold him to get
Doan's Kldnoy Pills Ho took my ad
vice and a day or so after I askod him
about tho pills. Ho sold thoy woro tho
flnost thing ho had over usod and that
thoy strnightoned hlra up in a hurry."
Plenty moro proof llko this from
Salem people. Call at Dr. Stono's
drug store and ask what his customers
For salo by all dealers. Prlco 50
cents. Foster-Mtlburn Co.. Buffalo, N.
., sole agents for the United States
Remembor tho name, Doan's. and
take no substitute. 11
"It was prettily devised of Aesop,
The fly sat upon the axletreo of Uio
chariot wheel, and said, what a dust
do I raise!' So aro thoro some vain
"Judge ought to be more learned
than witty; moro reverend than
plauslblo, and more advised than
confident Abovo all things, integrity
Is their portion and proper virtue."
O -A- Ml X" O 3ES. X JBL. .
" --WX Ccak
FRIDAY, DECfeMBErfj, 10J.
,,,., ,,- '- , r in - -i- ,i mif nr-i --
Want the Tax Bill
Many Refuse to Pay, and
State Must Eitiier En
force the Law Or Re
Thursday's Telegram saya:
Tho fight waged by Oregon miners
against tho obnoxious Eddy corpora
tion tax law has assumed definite
form, and tho campaign Is being
strenuously carried forward.
A bill amending the Eddy corpora
tion tax law has been drawn up by R.
C. Wright, who Is ono of tho execu
tive board of tho Oregon Minors' As
sociation, nnd -will, bo introduced at
tho special session of tho legislature
called to convon'o December 21st. The
amendment covers the tax on all cor
porations In tho Btate, making tho
minimum feo $5 and tho maximum
$15. Tho $6 foo is for corporations up
to and Including a capitalization of
$25,000, and $15 for all above that
sum. This, It is contended by min
ing men and othor incorporators, will
bo agreeable, and thoy aro dotormlned
to bring tho matter to a head.
It has beon suggested that a mass
meeting bo called in Portland to take
up the proposition and got united ef
fort. A copy of tho bill, as drawn,
will bo sent to every branch organi
zation of tho Miners' Association in
tho stato, as woll as to all dally and
wookly papers. It has not been decid
ed as yet who will introduce tho bill,
but many members havo signified
their willingness to support the meas
ure, both in tho house and senate
The present law was passed Feb
ruary 16, 1903, and has, to a great oxi
tent, beon a dead letter, as many of
tho conjpanlcs havo refused to pay
tho license, which amounts annually
from $25 to $25p. Thoso mining com
panies' that have not paid aro doing
work Just tho samo, and tho corpora
tions that havo compiled with tho
torms of tho law rccclvo no moro en
couragement than thoso that havo
not. Tho backers of tho bill to bo In
troduced aro confident of its passage,
as every person Interested in Its bo-
coming a law Is using Influence on
tho members from tho different sec
tions of tho state, asking their aid to
wards its adoption.
Law As a
(Oregon Law School Journal.)
Law is as much of an exact Bclenco
as mctltclno, mechanics, and other
professions, and persons unaware of
its dotail3 will frequently como to
griof In thoir attompts to remedy its
supposed dofects. At nearly every
session ot our legislature, noth terri
torial and stato, many laws haVo boon
enacted which are more or loss in
comprehonslblo, from Uio fact that
thoy wore drafted by porsons who
know but llttlo of our system of laws,
or bills proporly drafted during thoir
courso through tho different channels
which thoy nro required to pass,
amondmonts woro hastily added to
thorn which deutroyed tho original
harmony nn thwarted the purpose
for which they wore intondod
Tho State ot Oregon hoita always hnd
the good fortune) to havo Its members
compose af persons of more than or
(Unary ability, and as a consequence
our laws are not so defective as Uiat
af a great mooy othor states. But,
owing to the limited time and the
great amount of matter coming before
our legislature for consideration, it Is
Impossible for tho monitors to give
the proposed laws that oare and con
Btdorntlon which they are capable ot
giving taem, if they were not over
Rxorbitant bills, such bills, as political
plums fur favorites, and bflls far cth
or questionable private motive are
now scarcely over presented or al
lowed. The people keep posted upon
the business ot tho county, and if
thoy discover a bill allowed ogalnst
tho county which they deem to bo
wrong they Institute proceedings to
stop its payment. County courts are
mado more careful in oxamlnlng and
paying hills. A person is made more
cautious about tho presentation ot
exorbitant or questionable bills, be
cause he does aot like to have It ap
pear In print that he has attempted to
defraud the county. But it appears to
is that this law does not go far
enough, and that It would be more ef
ficient lf.lt required tho publication interest of( his constituents, in
ot all'bflltf aliowodbyfacountr. ThpmiBlr ofhis'work, got an oxtra section
peoplo should know" ovory thing for j added to thla bill (Boctlon 13), wtotfc
which their money is-oxponded. The destroyed tho harmony of the hol,
exception -lni thla law, that bills lit bill, and- caused tho different counUw
which' the 'itemn dro based upon; cities and school "districts to bojj!
chargesvfixed by laWvneod'hot ber putt , Iayed for a-'year" In tho- colloctloayfcf
iinhod. would seemi to include all'blllB their faxes.
presontcd under foo-bllls. Tho fee-l Thoro is but ono wayMhat tk($
bill system in tho past has been ro-jtroublo can bo -overcome, and thaUi
garded as a source of tho greatest to provido thb legislature with th
drain upon tho public treasuries. J services of lawyors ot acknowl deed
Without tho publication of such bills ability to- assist its members in u,e
it allown tho officer's construction of framing and enactment ot laws, u
the law And tho amounts his bill to was formerly tho practice of tho leg.
go unquestioned by tho peoplo who.islaturo of Massachusetts to tako the
pay tho taxes to moot their paymont. opinion of tho Judgoa ot their tt.
Netirly every county court of this promo court upon important bllU
stale-" now points with prido to tho re- coming boforo them; nnd such court
ductlon ot public expenses. Our coun- would call to its assistance tho mtut
ty courts aro almost without oxcoption able lawyors of tho stato to asslit
composed of very competent mon, but 'them la thoir deliberations,
wo cannot say that they aro la any j county Coun Matters. ,
way more compete ; tou thoir prjdj cmmtC0Urt todny hcard '
ccysors-la office Wo aro therefore "
forced to tho conclusion that tho pub- PUtnB' ong.them being tho pr
licit, required by this law in the pre-, Pscd thi lands ofu,,
sentatlon and allowance of bills has- M' Case estate near chaapo
been the great factor that has brought,1 PcUon l J Ik,
. . .T . i i. court, owing to a dofcctlvo descriD.
about tho present economy In pub-1 wimp
i j i i tlon.
In conclusion wo, will say that the!
worked. Tho fact that our legiBlaturo
is overworked costs tno peoplo directly
and indirectly a great deal of money
.. r l,n.MIV nn.lrtor laWB
Very few persona consider tho great
amount of matter tho members of the
legislature aro required to consider
forty days. Wo havo before us a part. " "' ., . . t.
only of tho printed bills which were I After disposing of these petttloc,
lntreduced at tho last Bossion, and we ltho court adjourned for the day.
find thoy weigh 13 pounds and 3
ounces, wmcu is equal in weignc to
flvo or talx bound law books. Bosldos
this thoro Is a printed calendar each
day of each house, reports of tho dif
ferent Btato officers and institutions of
tho stato, as well as tho UBual corre
spondence which each mombor re
ceives from his many constituents.
Now it Is a fact that vory fow attor
neys can proporly road moro than
ono law book a week, or moro than
flvo books during a session of a legis
lature; If IhiB bo so, how can tho
mombors of tho legislature Intelligent
ly go through a greator amount of
reading matter intelligently whon n
greator part of each day is taken up
with their duties upon tho floor ot tho
house while In session.
Thn iHffnrnt. rommlffnon nro ovr.
worked with mattors comlris before
them to such an extent that they havo
but llttlo time for details, and there
fore aro required to act hastily upon
all mattors coming boforo them, and
when amendments aro proposed to
bills thoy cannot fully consider whoth
or or not such amendment may not
destroy tho harmony of tho othor pro
visions of tho proposed law.
The present special cession, called
to remedy defects In a tax law passed
at our last session of tho legislature,
Is a Bamplo of tho effect of an over
worked legislature, and wo aro con
vinced that no ono of tho mombors ot
tho legislature la to blamo for this de
fect. This bill was introduced by
Representative Phelps, 4ind wo nro
pleased to say that tho bill, ns
Introduced by Mr. Pholps, was
woll drawn nnd adapted to ac
complish tho purposo for which it
was intended. After thhr bill was in
traduced como mombor, to suit somo
EB-Hg-MM-m-g I I I I I b-hh-sm.
That THE FAIR STORE is located at No. 274 Commercial j
Stroot, and that wo carry the largeat stock of toys and holiday J
goods in baiora, at prices that can't be beat. Wo havo express
wngous, hobby horses, wheol barrow, doll carriages, children's
rocking chairs, toy trunkB, drums, horns, tops, banks, tool
chests, air guns, boats, toy furniture, doll houses, Christmas
tree ornaments and, in fact, overything in that lino.
Wo have tho best values in dolls ever seen in Salem.
THE FAIR STORE
. 274 Commercial Street
HBB - r4H4 - M -
Sale Ten 1 lillion Boxes a Year.
WU THE FAMILY'S FAVORITE MEDICINE
1 CANDY CATHARTIC ttiW
D. S Bentley
Roche Harbor Lime, Alsen Cement,
Lath and Shingles, Sand and Gravel
Aud All Kills of BalldlH? Material.
nor oone ox seen tone.
. " TT --.-
In o matter of the .petition of L I
J3arasar and Ernest Baragar for,)
ron-l. 90 foet wliln from thrir n. I
' " . . ,' A ., 'tul
"!. D-" -""-"' l" "" "w
PU0"C r0ttd' th C0Urt OPPOlntcd TlfiT
"nco.nr8,'Uli-j of ' B' Hor' '-
u ", --'' " -- nw
in1"' " ,
Petition to Sell.
winnlo . Pcmborton, executor ot
tho will nnd ostnto of Nancy 1
Stephens, deccaaed, today petitioned
tho probata court for nn ordor to let
cortala real proporty belonging to tbt
estate, and a citation was ordered tt
Ibsuo to tho heirs interested, rcqulritj
them to appear In court on Mondi-,
December 21st, at 10 a. m., and show
causo, If any, why such salo shonU
not bo made.
Comic Opera Tonight
Salem. peoplo should not overlook
tho comic opora tonight by the
Olympic Opora Company, a really
strong and meritorious combination.
In tho eiicltomcnt over city politic
thoro is danger that they will havo i
small house, and feel like nover com
ing to tho city again.
It Was Brown.
Salt Lake, Dec. 4. Mrs. Annie
Bradloy fllod an amended birth re
port with tho board of health to'aj,
naming formor senator, Arthm
Brown as tho father of her two chil
dren. Capt. M. W. Hunt, of Wklteaker, li
In tho city for a short business visit
strangle statutes. W Ptdr
Huie Wing Sang Co,
Fancy Dry Goods
Mado up in a now line of bun
wrappora, all colors. White und
wear. All kinds of waists faej
goods, silks, goats' and ladles' to
nishing goods, Bilk handkercWA
chinawaro. Now lino of winter sodi
for salo cheap. 100 Court street, 8
lorn, Or. Corner of alloy.
All Kta! of Ifriw Uiallif Aid V.
- .. ..w w ..ww -- ..!