Walla Walla statesman. [volume], May 05, 1865, Image 1

About Walla Walla statesman. [volume] (Walla Walla, Wash. Terr.) 1864-19??

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VOLUDIE IV.
one Walla Walla stattsman.
PUBLISHED Every Friday Evening.—
. Office, Statesman Building, Third street, next
door to Brown Bro’a & Co.’s fire-proof Brick Store.
R. R. and S. G. REES, Editors and Proprietors.
W
'EDWAR‘D SHEIL, M. 1).. PHYSICIAN,
Surgeon nud Accoucheur, has resumed the
‘practice of his Profession. Ornament his house, next
’to the Walla Walla Hotel. July ‘2B, 1863. 82ly
WW
Tmnono & BRO., PHYSICIANS. sun.
, geous and Midwives.
A.Uflice at Drug Store, two doors above Bro’s & Co's
Fire‘proof brick, Main street, Walla Walla, W. T.
A. J. 'l'lnbodo. M. A..M D. and Member Royal
College Surgeons, England.
0- J. Thibodo, M. D. and Ear-Surgeon R. M.
Nev .
3%)!" Diplomas can be seen at our ofllce.
LASATER & LANGFORD. ATTORa‘EYS
“Low; Will procticeinthe Courts of 'ash—
ington Territorg'.dldah_o Territory, and Oregon.
”OFFICE one 00} west, of KYL'OT & Reese‘s Brick
Store. Walla Walla, W.T.
Sept' 1,1863. 391 y
______,__.____._v..____.__-________
FRANK P. DUGAN, Attorney and Counselor
at Law. Office oppositethe Post Ofliee, Walla
Walla, W. ’l‘.
Will attend the sessions of all the District and Su
preme Courts in the Territory. (mar.s, ’63. ly
WESTERN HOTEL, CORNER OF FIRST
and Morrison streets. Portlund, Oregon.—
S. 1). SMITH. Proprietor.
This Hotel is centrally located, and has been re
cently enlarged by tho addition of two stories in
height, containing a large number ot‘Hard-finished,
wall ventilutetl rooms, fortheucuommodution of reg
ulnr or trnnsiont boarders. tt
1“ MILWR, ATTORNEY AT LAW, Idaho
0 City, Boise county, 1. T. l’rompt personal at
tentioncyuid to all professional business entruatod to
him. barges reasonable. Collections punctually
nude and remitted. [Bannock City, 186-1- 9ti‘
IAS. D. MIX & S. B. FARGO, ATTOR
o NEYS AT LAW, Office Main Street. over llnnk
Exchange. Will promptly attend to all busineas
entrusted to them in the District and Supreme
Court: ot‘tlie Territory. .
Walla Wnlln, Oct. 3, 1864.
LEOPOLD WOLFF.
a TTOR‘NEY AT LAW—Starks's Building, Front
Street, Portland, Oregon.
( Ezutscljm: gbhukut. )
Will practice in all the Courts of Oregon and Wash
ington Territory. [ Oet.7, 1864. tr.
M
HENRY LAW, FORWARDING AND‘COM—
mix-aim) Merchant, Front street, Pnrtluudfimn.
Importer nud deuler in Eastern Wagon Timber, Hubs,
‘Bpokes, Felines, 85c. Also on hand and for sale, a
genernlasaortmeut of Oregon Produce. And a con
ltant supply of the celebrated Stundard Mills Flour
on hand and for rule in lotsto suit. ti
WHAT CHEER HOUSE, FRONT Still-JET,
Portland , Oregnn— - .
M. O’CONNOR. Proprietor.
a- The What Cheer House Wagon will he on the
velar! to convey passengers nnd baggage free of
charge. A good ufo for keeping vullm lee.
Tluu houno is conducted on temperance principle:
WILLIAM YOUNG. DEALER IN MARBLE
Monumentsfli‘omb Stones. Table and Coun
er-tops, Murhle Mantles, Hearth stones, Stone for
building purposes. &,c.
[2' All Stone cutting done to order. ‘
Portland.()rcznn, April 4. 1362:. lSly
‘N? P. HORTON, JUSTICE ill“ THE PEACE
. and ()er RECORDER, Will attend v.O collec~
tion of debts. conveyances, ucknowledgnwnt of deeds
powers of Attorney,tx'misfel‘a ot'rcul or personal prop
erty. etc.
Office, City Council chamber, 2d story of Bank Ex
change. [l)ec. 5, 1863—1)’
IJ. .I. RECTOR,
County Auditor of Walla. Walla. 00., W. 'l‘.
~ Notary Fugue, and. Commissioner of
eeds for "Oregon.
Office—with Clerk of the U. S. Dixrtict Court,
City of Walla Walla. .
DEEDS, MORTGAGES, Powers of Attorncy.lnd
otl or instruments of writing carefully drawn
up. and Acknowledgments taken. instruments for
unylmrt of the Uniied State‘s Acknowledged or Cer
tifie underthe Seal of the District Court.
Aug. 8, lß63.——tf L. J . RECTOR.
W...
KELLO‘GG &,I¥chULIFF’S
INEIIR‘L’, , ‘ .
Q 'l‘ THE MOUTH 01“ TUCANON', three miles
from the old Ferry on the Cnlvlllc Road. This
Ferry possesses superior advnntnaen to the traveling
public. simmer] lsxt is on Snake amho moat. accoun
‘hle poim for travel to
Colville, Antoine Plante’s. Dimer Root, and
the Koolonai Country, >
Ind,in fact, is on themost direct route to all that
portion of country lying to thgnol‘th ,and north-east
of Snake river. ‘
The road leading from Walla Walla to the Ferry is
far shparior to the old Colville road, and the country
is better supplied with grass and water. The public
will find it. to their advantage to travel thlsroad.
KELLOGG dc McAULIFF.
uOur rates of ferriage will not exceed those
chlrged by the Pellouse Ferry.
March 19. 1883. l4tf
________._._.__.—__.._ ‘
WALLA WALLA BREWERY.
~ JO. HELLMUTH & co ,
At the old Stand, Main Street, Walla_ Walla, ‘
xsxuncrnanns or ‘
LAGER BEER,
And Wholesale and Retail Dealers in Wines
And Liquors,
EEI’ CONSTANTLY ON HAND A FULL
stock of Lager Beer and Ale, oftheir own man- .
nt'actum. which they warrant to be canal in quality 1
to any manufactured on the coast. ‘hey also keep
constantly on hand a stock of Wines and Liquors
of the best brands, which they invite everybody to
call and partake of at 12}; cents a drink.
Dec. 2,1864. 51qu
__________._._.___.__——————-.———
. ToDruggietl and Painters.
HE UNDERSIGNED ARE CONSTANTLY
Manufacturing a superior article of Turpentine.
for the trade. We will fill orders in quantities to
salt, at reduced prices. We are also manufacturing
a fifi‘perlor article of Axle-grease for the Wholesale
trifle. . A.WOOD G; CO.
Nov. 11, ‘64. Front street, Portland, Oregon.
______________.__._.._______._._~
NEW TIN SHOP.
THE UNDERSIGNED RESPECTFULLY an
nounces to the citizens of Walla Walla and vi
cinity that he has opened a new tin shop at the up
per end of Main Street,
'Two Doors Below the Oriental Hotel.
And is prepared to sell all articles in the line of his
trade at living prices. Repairing of all lands done
to order with neatness and dispatch. He has new on
the way and will soon have in store a large assort
ment of stoves. Wm. 11. MANSFIELD.
Walla Walla, W. T., Jan. 6, 1865. 4m3.
Painting.
n. n. HAWLEY. HOUSE AND SIGN AND
Carriage Painter. All kinds ofjobs in the line done
withneatnesb, and satisfaction guarranteed.
Paper-Hanging and Glazing done to Order.
Shop on Main Street, 8 doors below Kraft’s Livery
Stable. /
Walla Walla, March 31,1865. l7tf
______..___..___.._.__._...__.————————
REAT BARGAINS IN GOODS CAN BE HAD
. ltKyger (h Reese's {or cash on delivery.
Full Arrangement.
..._“.
CHANGE OF TIDIE. '
FROM AND AFTER THIS DATE, UNTIL FUR
TIIER NOTICE, .-
"~
3%
, ‘r - - 9
The 01 egon Steam hangatwn 00 s
l
~BTEAMERS
WILL LEAVE CELILO FOR WALLULA
Mondays, “'ednesdays and Fridays.
Will Leave WALLULA for CELILO
Tuesdays, Thursdays and Saturdays,
At 5 o’clock A. M.
The Steamer Oneonta, Capt. J. McNulty will
leave DALLES Daily—Sundays excepted—at 5
o’clock ".m. for the CASCADES, connecting with
the steamer Wilson G. Hunt,Capt. Wolf, for PORT
LAND- J. S. BUCKLE, Prest.
Oct. 7, 1864. By L. Du', Ag’t, Walllula,
EEH ORIENTAL HOTEL.
‘ Main Street,
. Walla Walla, W. T,
THIS CAI’ACIOUS AND ELEGANT HOTEL
havingjust been built and furnished with en
tirely new furniture. isnow prepared for the accom
modation of the public in a style superior to any oth
er house in the upper country. The rooms are large,
Well lighted, warmed and ventilated, having superi
nr accomodutions for families. and a. ladies’ private
dining-room ; also, suites of rooms for parties.
The Culinary Department
ls under the management of experienced Cooke, and
the table will nlways be supplie with the best the
market can afford.
The Bar
Is under the Spervieion of Mr. NED Snunx, and will
always be found stocked with the best. wines. Li
quors und Cigars. M. IIARTMAN, & CU.
N. B.—-—Th.e House is kept open all night.
Sept, 9, 1864. 391 y Proprietors. .
- Challenge Saloon. _
Main Street, Walla Walla, W. 'l‘.
mung & GREEN,
HAVING PURCHASED THIS POPULAR ES
mblishment from Ball & Stone. have improved
and refitted it in superior style. making it in all its
departments or First Class Saloon. And, as it has
always been the house where "Everybody poei,"
they intend that it uhall be in future a plum when
everybody will be made comfortable. Tlu-y keep only
The Best Quality of “ ines and Liquors,
Among which is a large stock of
Superior 01d Nabob Sun-ac,
. Vinttige‘l794.
Full files chill the Spnfiing papc'rs. and also all the
prominent. California, Eastern and European papers
and periodicals can always be seen at; the Challenge.
Sept. 2, 1864. V’ 38lf
W alla Walla and L‘ewiston
STAGE Wl, I N E.
‘tARRYING U. s. MAILS and WELLS, FAR
(I GO 6: CU’S EXPRESS;
THROUGH IN ONE DAY '
Leaves Walla. Walla and Lewiston Every
Other Day,
Connecting with the Stages for Wallula and Boise.
Passengers leaving Lewiston in the morningl'each
the steamer at Wallnla for Portland same day.
Passengers’ Fare,......................515,00.
Extra Baggage or Freight l 2 cents per lh.
Stage Office at KUIILHAUFF Jr GUICI-l ARD’S,‘
In Walla Walla,
and at HILL BEACHY’S in Lowixton.
Sept 2, 1864. - 25 H
. Watch Repairing. -
THE eulmeriber would inform the citizens
of Walla Walla and vicinity tint any
work entrusted to his care (through the ex—
fress) will receive his personal attention. From his
nng experience in the business, he is enabled to per
form it in a manner unsurpassed in the State.
Charges as low as elsewhere, and all work war—
ranted. .
Heia also preparedto fill any orders in the Watch
and Jewelry Business,with dispatch. at. the lowest
possible prices. JACOB COHEN.
l'ortlancl, Oregon, April 7. 1862. [lmm]
“77138;; SHEJEEQET
[xv
W T u E w“?
Walla ll“ alla and 80156 Line of
CONCORD STAGICS
CARRYING THE U. S. OVERLAND MAILS
sud Wall's, Fargo & 00’: Express, is now
making Regular tlips from
Walla Walla. to Placerville, (Boise Mines)
THROUGH IN TWO AND A HALF DAYS,
Connecting with
The Wallnlo Line ofvStages and the Boa
of the Oregon Steam Navigation Co.
GEU. F. THOMAS & 00.
August 5, 1864. Proprietors.
CITY BREWERY.
E. MEYER. : x t t : PROPRIETOR.
Lager Beer and Ale .
FOR SALE AT THE BREWERY,
At Wholesale and by the Measure.
BREWERY 0N SECOND St, East end of Town,
Walla Walla, W. T.
May 64. 6.18 2113’ E. MEYER.
CRAIG 85 MIX.
DRUGGISTS & CHEMISTS,
g Walla. Walla and Idaho City.
WOULD RESPECTFULLY CALL THE ATTEN
tion ofthe public to their full and complete
assortment of Drngs, Medicines, Chemicals, Paints,
Oils, Glass, Perfumery, &c., to which they are re
ceiving constant additions direct from San Francisco.
HPrescriptions prepared.” usual, with care and
attention. ‘ '
. February, 24th 1865. llly
DR. J. 'W. HUNTER,
(LATE or DALI.“ CITY, onzaox.)
OFFERS HIS PROFESSIONAL SERVICES TO
the citizens of Walla Walla and, vlcinlty.
OFFICE and residunce at tha City Hotel. where he
may be found at all‘hqgrs cube day and night. when
not professionally engaged.
Walla WaJla, March 10, 1865. V 12ly
B. M. DuRELL & 00.,
Ha ; ~ .
COMMISSION MERCHANTS,
_And Dealers in _
General Merchamdl Ive.
Fire- roof Brick Buildl , Comer of Mnin 33d
9 Eighgfir’eets, . -
BOISE CITY", IDAHO.
0ct.14,1866.
ANDING m MONEY To-uolhow VILL
H not buy good: u Kygerd: Reese's.
VVALLA WALLA, WASI—IINGTON TERRITORX', FRIDAY EVENiNG, MA‘.’ 5, 1865.
THE CONSTITUTION AND T}!!! UNION.
I’m Conscripted, Smith, Conscflptod.
l’m conscripted, Smith,conscripted—
Ebbs the subterfugee rm,
And the sub-enrolling Marshals
Gather with the evening blast-
Let thine arms, ()h 1 Smith, support mg;
Hush your gab and close your ear, '
Cwscriphgrsbbers close’ upon you,
Hunfing for yo‘!!—-far and near.
Though my scarred, rheumltic “Hutton"
Bear me limping short no 109“: ‘
And my shattered constitution
Wont exempt me as before;
Though the Provoat Guund surround m 0:
Prompt to do their master's will,
I must to the front to perish, '
Die the great conscripted still.
Let not the neizer’v.l servrle minions
Mock the lion thus laid low— ,
’1" no fancy drink that “slewed"_ him-
Wfisky straight out struck the blow.
Here, then, pillow 6" thy bosom,
Ere he‘s hurried uil’é 6W5?» _
Him who drunk with bunt—.“Wd “'llka
Madly threw himseif away.
Shonrd the blue plebeitn n'bbh
Dare assail me as I roam,
Seek my noble squow Octavia,
Weeping in her widowed home.
Seek her; say the gnnrds have got in.
Under their protocitng wings,
Going to make me join the army;
Where the shell and minnie‘ sings.
I’m cbnscripted, Smith, conscripted
Hark! you hear that Grabber’s cry—-
Run, old Smith. my boy, they'll catch you,
Take you to the front to die. '
Fare thee well. I go to battle. 2
There to'die. deco and swell,
Lockhavt and Dick i‘aylor guard thee,
Sweet Octavia—Smith l—furewell. v
[couucmcnsm]
The Idaho Capitol Question Again.
Lmvrs'ros, I. T., April 25, 1865.
Ens. Snrnssum :—IV have earnestly desired
to keep free from all controversy on this subject
since its agitation in our Territory, except in so
far as absolute duty enjoined and myrelution as
an attorney in the ca'se legitimately extended;
and especiany‘have I desired to keep free from
any newspaper controversy. Neither do I pur
pose to engage in one of that nature now; but
that a few “facts may be submitted to a candid
world,” errors corrected and truth cleared ofits
perversion, I propose to hubmit this communica
tion, with accompanying paper, sndt‘ask the fa
ror of their publication. This whole case is
truly farcical, and I do not propose to set? any
thing ofits history, or anything in excu potion
or unimndversion of the actions of those who
have borne a prominent part therein up to the
time the case was brought to a final hearing be
fore the District Court, but shall speak of mat
ters tmn‘s iring since the opinion of the Court,
delivered $3? His Honor, Judge Smith, on the
l7th inst. Two days after this occurred,thcre
was distributed about the streets of Lewiston a
printed circular, said to contain the “opinion of
the Court in the Capital case.” Upou reading
this circular, I observed 0. mfiked difference be
tween it and that which I had heard read by the
Court, and upon comparing the two, (having ac
cess to the original, besides being furnished
with a verbatim copy, which I herewith enclose)
I was not little astonished at finding them so me
terially differing, not only in word and letter,
but, according to my understanding, in legal
sense and meaning. In some instances, in the
printed ”opinion,” many words and some whole
sentences are entirely left out, while in other in
stances sentences and expressions are introduced
having an entirely contrary signification, asl
regard it, from the true intent and purport ofthe
opinion as given by the Judge on the bench.
With these facts so glaringly before me, nndsup
posing a like erverst'onpf the opinion would be
published in tlfe Radiator, unless attention was
called to the fact, I addressed to the publisher a
note in language following:
“ Lwas'rox, April 20, 1865. ‘
T. J. FAVORITE, Esq., Publisher Radiator—-
Sir.- I notice printed a circular, purporting to be?
an “opinion in the Capital case,” being circula
ted unong the citizens of Lewiston. As a mat
ter of Justice to the Court, who rendered the
opinion in the case,:and for myself, as one of the
counsel for defendants, desiring that the people of
the Territory should be correctly informed in re
lation thereto, [would request that you publish
the opinion a: rendcrcd by the Court, in your
next issue. Very truly yours.
. T. M. Run. ,
Shortly after this I met the editor, Mr. Leland,
and in n conversation with him upon the sub
ject, he confessed to having ehunged the lan
guage, but disclaimed altering the sense. He
also stated to the Court, but a. short time previ~
ously, that he had, Tea-written, corrected and
changed. the phras’eoiogy, but not the import
and meaning of the opinion, which, he stated,
the Judge, upon hearing it read, had acknowl
edged as correct. The Court making no re
sponse to this, evidenced the truth of the state;
ment; but whether the paper read to the Judge
corresponds, in exact terms with the “circular
opinion,” (some call it “ the Leland Opinion”)
admits of doubt, as the Judge, I am credibly in
formed, denios the letter as being his opinion in
the case; and, us it so msterially dfifers from
the original, in the hand-writing of the Judge,
and it being natural to suppose that the “Court
knows himself,” and the ideas he intended to
convey, I am irrelistlhly led to the belief that he
either misunderstood the language of the “Le
land opinion,” or else he was designedly de—
ceived; '
The next day after addressing the foregoing
note to the publisher, 1 met him, renewing my
request in person, and ofl‘ering to furnish him
for publication a certified copy of the opin
ion or the original if he so desired, but' he do
clined both, stating that the request came too
late, as above, that the public might have some
intimation of the injustice done them. This he
also declined to do, stating that it would be a
reflection upon Mr. Leland.
In an item in the last issue of his paper the
editor and opinion maker assumes to explain
matters; but in this he signally fails in his pur:
pose, as his statement offa’cts‘lsv well known to
be incorrect. For him to talk of “cavilers” to
those who are acquainted with his manmuvering
and “status in the case,” is most cool indeed.
He very well knows the opinion he publishes is
not the opinion of Judge Smith as read in the
court. Be well knows that no one altered that
opinion but himself, and knows well the extent
and purpose to and for which it was §hanged.
Being an Attorney in the case also, should
think that simple modesty and a sense of manly
propriety would have forbidden in him the ex
ercise ofsuch an assumed privilege. Our Courts
of Justice ought to be sutficientiy well qualified
in literary as well as legal attainments to ren
der their own opinions and decisions without
the ifitermeddling of attorneys. To show what
has been done in this instance by pPlaintifl‘s At
torney, I make one quotstion from the Judge’s
opinion in hit reference to the Territorial Secre
tary. The Judge says : V
“ He has taken the Inn with him, snd there
is still, remaining here some of the property be
longing to him by virtue ofhis olfico. Thin
Court has no powor our him now ha ha] goiie,
And be u flu'Secreux-y oflhilr‘l‘crritqryzin enti
tled to them. He cw go," kc.
i _ -
Referring to the some matter, the “ Leland
opinion” giires thoiollowing version :
“He has taken way the seal, but there re
main here the enrolllélawa andjaurnals of the first
i and only legal union of tho Legislature of Idaho,
together with thaEzocutipe record; of tho Terri
tory and nearly (gflthe pa era belonging to the
Capital of the T ' '1 03/. [{y virtue of his office,
the Secretary owl'erritory is the proper cul.
todian ofthese hilly! papers. He has gone,"
to. ’ i
. .
The Italics are nine. The V“ Lelnnd Opinion”
also introduces the {olloin chase : a
“Let judgment}! tenter d for the Plaintiffs,
in accordance with» petition!”
Nothing of I!!! ind occur: in the opinion of
the Court. If th edid, it would be inconsistent
and contradicto in itulf, But further com
ment is useless, d I hope I [hill not again feel
the necchity of , erring to'tbia matter. thtopgh
the press. But if ' dilution-molten ‘forhour‘
Courts, assuming?” 'ficto’ t 0 dick“. Igd Y-i
cm, are permitg- 350 on antiqu aflx
may tlie'y not at..." ’ do? L.‘.T.,V', a fi‘fii; ,’
The following is the opinion, as delivéred by.
we Court:
THE PEOPLE m. CALEB Lyon AND Oriana.
This was 3'31 action commenced to restrain
Caleb Lyon, GGfirnor of Idaho Territory, and
Silas D. Cochran, A “tips Secretary, and 9!}?
person having in charge tll‘e A‘rchives, Seal “id
original copies of the Laws Us Idaho Terrltoryl
from removing them to Boise City. .I‘ comes up
to this Court for a perpetual injunction. The “‘3'
tion was commenced in the District Court, find
the injunction was issued from the Probate
Court. As to the facts shown before the Hon.
Probate Judge, Icanuot say, as I never have
seen them, and will only say here that when cer
tain facts are set out in a petition to the Probate
Court, the Judge ofthat Court is bound to act
in accordance with the facts. To issue an in
junction on' a proper showing was within his
purview ; and father, it is always presumed, in
favor, that eadnndgevery officer acted withinlhis
proper sphere of action, and I will only say now
that his action is not before me to review; that
the question is now before me on its merits, and
the side question as to the powers and duties of
the Probate Court on matters treated of in the
Organic Act; and he that runs can read and un
derstand it. The petition and complaint in this
case sets forth that on the 2d Monday in Novem
ber, certain parties not at Lewiston and pro
ceeded to organize the House of Representa
tives contraryto law. The complaint in itself
is nothing more nor less than the history of the
organization of. this Territory to the present
time: In reviewing it we see an anomaly pre
sented such as I in ‘my-limited experience have
never met with before. It is‘set out that certain
parties were elected, (under the provisions of the
organic act,) and met here at the Capitol on the
7th day of December, 1863, under the Proclama
tion of the Governor of this Territory; that on
that day they were properly qualified as Legisla
tors; that by virtue of the Organic Law of this
Territory their term of service should continue
One year; that afterwards, on the 2d Monday in
November, 1864, other parties met contrary .to
law and declared themselves as those having the
proper qualifications “Legislators. The whole
question, then, that presents itselfis, were those
parties who assembled here in the Low
er Honse the persons duly qualified at that time
to sit and enactlnws? The Court'is sstisfiedthst
under the provisions of the Organic Act, and
Sec. 5 of An act to create oflices in the Territo
ry of Idaho that those persons who assembled
here on the 7th day of December, 1863, were the
persons properly entitled to t-lltil‘ positions as
Legislators. How long did they hold their of
fice? One year. When did their term of ser
vice commence? On the 7th day of ficember,
1863. Holding as they did, (under ' provi
sions of the Organic Act, and thesupenrogstory
act of the Legislature;) their term of Marvin
would have expired on the 7th day of December,
1864. Who could have met prior to December
7th. 1864'? None others than, those who were
qualified on the 7th of December 1863. Did the
meeting of this body and the action of His Excel
lency, Governor Lyon, make this a legally con
stituted assembly? Governor Lyon had no otho
er or greater powers than those given by the Dr
ganic Act, and l yuan; see how, by Virtue of
his position as G vernor, he could invest them
with one shadow more of authority than they
could have been invested with by any other per
son. Again, it is claimed that the Court will
not go behind the ofiicial act of a properly con
stituted oficer in this Territory; that is suflicient
for the purposes of this Court that a law, duly
authenticated by the Secretary of this Territory,
by virtue ofhis-certificate, and underthe seal of
the Territory,.is a law defacto, and the Court will
not‘go behind his official act, but take thesamens
granted. This the Cpurt would gladly do, but
the pleadings in this case are such that the act
is itself null and void, never was a law, hence,
that a certificate from him proves nothing more,
nor less than that it was simplya copy ofa pa
per on file in his office. The Secretary does not
say what the law is. He‘certifies to the correct
ness ofthose acts on'file'in his oifice but as to
the efi‘ect of those acts'judicially, he has, nor
can have, nothing to do'with them. He was a
ministerial officer entirely. Again, as to the
perpetuity ofthis injunction, it has been removed.
How was it done? By virtue of physical force;
not by an order of this ' Court, or an inferior
court, but simply that'might was right. The of
ficer on whom these papers Were served has dis
obeyed them.
“He that would tend the oak dreams not of the
rebound.” ‘
He has taken the Laws with him, and there is
still remaing here, some of the property belong
ing to him, by virtue of his ofiice. This Court
has no power over him n'ow, he has gone; and as
the Secretary of the Territory, is entitled to them.
He can go. He can exercise the functions ofhis
eflicc, where he in hisjudgement sees fit; but the
validity of those acts will still remain as it ever
has been the province of the courts to decide.—
The Capitol of this Territory is at Lewiston. The
Special Marshal will deliver the balance of the
property to any person whom he is satisfied is
authorized to receive it by the Secretary of this
Territory." An Act that by law must be done at
the Capitol, must he done at the Capitol de jure
and not de facto. _
W
Paddy (Alias Stephan) Marshall Ina
drowned near Sand Island, 81:03leth Buy, on
Tuesday the let inst, while searching for
wteeked goods of the bark Industry.
W
Horace Greeley‘s “History‘of the American
Conflict," bu “Mined 1 Isle of aeventy thou
sald‘copies. and/a Gamma edition is in the
course Mprepunfion.- A
A stylish dressed young ledy recently teati
fied before a Court in ‘Parin that eh. wee well
paid for fainting away in the theatre, out of
pure emotion, nt_tho tragioel moment pointed
out beforehanéby. the embol- of the play. ~
A Comedic” mun hull invented 3 watch
which in limpinr in in meals-gm thin arm:-
tyrwstchu,» spa win run 3'l! days with one.
winding.
New Excuse nu: we Dnr.-—The Boston
Trnveler says that of the interest due January
lst, on the. public debt, payable in Boston, there
has already been paid out $1,800,000 in gold,
"part of the payments having been anticipated,
and there yet remains several huntineli thousand
dollars to be paid. This representslno’t far from
$70,00,000,000 of the rqatlonal debt, 'by car the
largest part of which is held in Boston, and the
remainder in Maine, Vermont, New Hampshire,
'utCri t. ‘
The above, says the National Intelligencer, is
'a very pregnant paragraph. It is stu ed with
food for reflection. It is the blrd that lays the
golden egg—lays it for the manufacturers, con
tractors, speculators and money changers of
New England and the seaboard, who are urging
on the war and making fortunes out of it, but
not for you or the great million. No, your bus
iness into gather-the crumbs that go to food the
gollin'uéeous fowl. The “patriots” who hold
film we inn-{their millions-ll," interest bearing
bond: 9939.919, in old coin and exemptfrom tn;-
jtion I’ no pu‘tfl'fiil half million in subh securi
ty, and on this 110‘". an lnteroct-eqnll to sev
enty-five thousand dolldrs in cnfienty'ani‘plyl
not one cent of tribute to the Federal cofl'en;
while the poor clerk or mechanic who manages
’ to gather by a year’s hard toil and industry, say
‘ $1,500, is taxed $45 thereon—for 1864. $1,20l
This is radical hnnnciering, and when the mass- ,
es of the people—Abe laboring and producing}
muss who are made to Work, that these “exempt
patriots” who lend the Governm-‘Pnt at the extra
ordinary low rate of fifteen per cent. may amass
fortunes, come to fully realize the situation of
affairs, ifthcy ever do, it is barely possible that
there will be as general a desire to be excused
front, as the philosoPher, of the Tribune say]
there 1. row a wish to be burdened with taxa
tion.
The Marysville Appeal, an intensely abolition
sheet, says that Ihe assassins o.’ PROM?“ L 1?"
coin and Seward “were the instrumenf'a ln’Fwd}
hand to bring this war to a fitting close. the
have heard abolitionists ‘charge democrats Wif-h
some sympathy in the act, but never before
heard the Deity accused of having it hand in the
affair. If this blasphemous organ can succeed
in impressing this idea. upon Gen. McDowell it
may induce him to issue another order making
the Deity either 9. principal or an accelsory_nf~
ter the fact—Oregon Arena.
Itig'htly construed; the language of the ‘Aip
peel is an endorsement of the assessinntion. ’ it
is indirect sympathy for the deed, and the wri
ter, whoever he is, could be punished, if prose
cuted, under Gen. McDowell's late order. The
Appeal has no right to sympathize with the u
sassinution, over God's shoulders, and. if a
rebel in‘thl's department should ,clonk his sym
pathies for the deed under such guise, ”he would
be “rented and pnnilhed for it‘ no doubt.—
“Strnnge whet difl'emnne there should he‘-'twixt
tweedle dun andjweedle dee’.” w ~ .
le Mxns.—The Lewlston Radiator says,
some of the Chitiese since they were driven from
the bars of Snake river below that place, pro
ceeded up Clearwater uncut fifty miles and
found good but diggings along the banks of the
South fork. They sent word to their friends
there who became much excited, end with all
possible haste made prepprationa‘ to leave for
the new discoveries. They bought up all the;
small boats they could find for sale, and pro?
ceeded up the'river. Some are bhilding new
boats and will start up soon. Quite a.’ "number
surted up overland on foot. ' ' . ‘
The snow is atiil very deefi on the mo'untains {
between Florence and Warrens’ mines, and “is."
thought that pack trainewill not be able to pul
over that route before theimiddle of’Uune. .
WWW
Pun. MILL—A Hr. Garret, ‘of Clacknmxu
county, Oregon, says the Oregon Statesman; .‘
will won erect‘a. Paper Mill at Oregon City—‘4l
The machinery isili‘eady purchased in the East"
and on the way out; ME. Gil-rot il cpl-action! pe- ‘
per maker, end will no doubt bo- anccelsfnl in.‘
his new enterprise. ‘
The citizens of Pcik gal—ruty, Oregon, have :
captured another horse thief, who he: made a ‘
confession confirming the existence of the gang"
of thieves heretofore mentioned. The one."
are after other. of the gang. ’ * ‘
Vv'4mW’lN
The Marysvillé Appeal says the Federal Gov; 1
ernment should pursue a lenient policy :toward 1
the Southern rebels.‘ in another paragraph itl
asks that the rebel leaders 'a’ll he‘hheg, and that
all the oflicers be banishee,’ expatriated and ex- 3
eerated. So that leniency; with the Appeal,
means either hanging or banishment. ‘
A MVWWv-vvwvs
The twenty-first regimizut United States col
ored troops, enlisted principally in south Caro
lina, were first in possession of Charleston: and
General Draper with his negro troops, were the
first to enter Richmond. The explanation to
this, is that_the negro troops were’put in the
front ranks in the attackst necessarily were
the first to enter these cities.
WW .
The Pacific Echo, published at Naps City, Cal
ifornia, and edited 1)? Mei. Montgomery, has
ceased to exist. Its publication was discontin
ued April 15th. Mr. Montgomery takes the edi
torship of the Marysviiie- Express, and Mr.
Street, editor of-the~ latter journal, quits the
sanctum to engagefitn other pursuits. :
At a recent railroad dinner, in compliment to
the legal fraternity, the toast was given: “An
honest lawyer the noblest \Oerk 0 God;” but
an old farmer rather spoiled the efl‘ect by adding
in a loud voice : “and about the‘scarcest.”
rat ‘I, w
1,“. J. Henry Brown is; e‘ngng'ed in getting up
, a business directory of the town'ot Salem, Ore
gon. The directory is to contain a history of
the town, advertisements, statistical informa
,tion, m., Ate. ' ' ..
W
‘ The Astoria Gazette “film quite a number
of new houses It. going up lint that place this
‘ season, and that the town is mam, improvise.
The Idaho nglfifqnflilninshf the worthless.
,nqpfud incompegengl Go VtholDistrict Judges of
Ids‘o Territo'ry. “Alec,” of Lowiaton. in uid
to be A cuplul judge-’0! whiny. V
[OFFICE 0N THIRD s'rnnn'r
Wilkes Booth, the assassin, is said to be I
Marylander'by birth, and is a brother of Edwin
Booth, the celebrated tragedian. Persons who
have had an intimate acquaintance with the
Booth family, say there is a streak of insanity
running through the composition of all its meni
bers. Upon this ground some are inclined to
the opinion that Wilkes Booth was insane when
he shot Lincoln. The fact of his jumpinghon
the theatre stage and flourishing n. dagger about
his head at the time he committed the deed, in
order, quite likely, to give his tragedy efi'eet,
would seem to indicate that he was not alto
gether sane; but then it seems that he had Itc
lcomplices, and it is unreasonahle to suppou
they were all afliicted with insanity. The n
torl evidently were desperate characters, but
it'll not likely they were much crazy. ‘ I,
. W
Nowell, of the Dalia. lonntaiee'eruyl' PM
,idantslohnun when he," have firth snail-
Vice meanest, th‘iEola-Myififidfi- -
timates that it was all caused by “mental prai
tration.” Why don’t you come out Newell, and
tell your readersgthat you was in the Senate
when Andy Johnson was sworn in, and that you
and he both Were “dead square drunk,” on
1 that interesting occasion, and tell the truth M
1 once, even ifit does “shame the devil."
MAW‘ ,
The New York Tribune, of March 10th,- speak
of Vice President, now President, Johnson's in
temperate habits, says :
If he has become a drunkard, and docsrot
promptly‘and thoroughly reform, he certain!
cannot remain Vice-President of the Unite‘
States; and, if he has any earnest and intimate
friend, he will be so assured forthwith. The
people may pity as well as mourn his fall; but
they cannot abide adrunkard in his present high
pOSition. . -
MMWW
Our Adana—Tho Yreka Union, the printing
material of which paper was recently destroyed
by iii-e, is again out looking as natural as .93
old. The Union after thanking its friends for
the prompt aid they extended to re-start it, ran
in the number before us: “With feelian of
gratitude to our friends and pride and pleasure
to ourselves, we again resume our weekly 303-.
sip. May our visits be a source of amusement
to you, and lof pleasure and profit to ourselves."
The Idaho World says pettywthieyes ere nu
merous in Idaho City. Not long since I mittei'
hauled I load of sluice lumber and dumped it
off at his claim near that city end drove of“)?
another load. 01! his return he'di‘scovered thnt
his feriner load had all been carried away by
some unknown persons. He said he saw new;
rel dttferent individuals walking in several dif
ferent directions with lumber on 'their'beehlg
“hut h—l he had no idea. that that lumber be-t
longed to him.” i ‘ ‘ ~-
, DINY xrs AUI'BINTICITY.—An Advertisement
appears in the Portland Oregonian oprnl 7th,
signed by the names of six residents of ”the
City, complaining very bitterly -of the Weill;
Wells Stage Company, and of their inability to
comply with their advertised facilities for trense
porting passengers 'from Idaho City. Messrs.
Sank. Owens and F. Pstterson, tWO of the sp
pqrent signers, request us to say tint thelr
names are there withoutnny authority-tint they‘-
deny' any participation in getting up the cud—q
and~sey they have not‘c‘shse o! complaint. Hr.‘
A. J. Broner is ssid to join them in this deal“;
—ldaho World. ‘ i
WWW
Mrs. Jane Miles Davis, of Fort Colviiie note»
riety, is out With a “Birdseye View. of the 3“.
béliion.” Wonder ifJanc’has fonhd the “page;
of her hither" yet? When the old gel passed
through Wfilin'Walla 'a year or two ago, the
was taking up, suh’s‘criptions to aid her in finding
that grow. _ , I.
The Portland “Gold and Silver Tunnel Com-‘
party" has been incorporated with a Capital:
Stock oremmo, divided into ’4OO shares of
SSOO each. The Incorfiorators are H. W. Cor-'
bett, s. G. Reed and 'r. J. Carter. ’ 1
WWW
Late California papers give encpmgiagaca
counts .of the prospects for good grain capping,
thst Stntc the‘eqming harvest. Abysdant‘sainsn
fell in time throughout most at the Stats I»,
make amends for;previous drynweather. Late.
frosts in some localities greatly, injured the fruit
prospects. - .
WM» '
i The highest waters evér’iraown in the Grand
1 Ronde valley, since its settlement have occurred. .
i this Spring. Most of the vaiiejyjis said 9°11”;
1 covered with water, and many of the farm to)
consequence will yield no crops this year., It:
will be a. sad catastrophetothc :poor tumors. 0‘
that section. .
Merv-~r—H . ,
Theaters, in San Francisco, are prevented is]
law from giving Dramatic exhibition! on the
Sabbath hy. ‘One of the daily papers 0! that;
City says that “Sacred Concerts” are had “in :
thalager beer cellars and other places on Sab
bath day], and that preventing theatricnls from
pursuing their vocation, helps the oak of lager.
nod other things, amazingly. , , _
(WW
'lt is said the parties Who destroyed. the Dem
ocratic Press, and other neWspnper oflicers in
San Francisco, a short time ago, were a set at
notorious drunken loafers, end that they were
urged onto the cowardly act by the conductors
of one idw opposition sheet' in that city. The
City, it is thought, will have to stand on hm.
ges done by tho mob. .
The San FranciscorvSpectator My: .11 the
Chinunen in that City are turning “Docton,”
and their patrons are free white American cm.
zens.,The Spectator thinks the new doctor: If.
gmt hun‘abugc. “Ditto" their putt-om, uy 'O.
.’ ‘q M
The Seattle Gazetto says that tin omm been
discovered ml mu place, It Phat gonad, tn
this, Terrim . v '
. . . V I I . ,
An” Ameriéan but Egon“; mind at “0
port of Sn laminae {mu-(inn with lover-l
until pox paints on bond.
NUDIBER 21 .-