The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1871-03-03
[From tho soseburg Piaindcsies.J
THE LHT1eaANT ACT.

From the time of the assembling OF
the late Legislature, it became the
mission Of the Radical press of the
State to accuse that body of corrup-
ton, IN every possible shape, in order
to distract the attention OF the people
from the frauds they knew would be
developed, that had been committed
by their own party. Four months
have elapsed since the adjournment;
the laws enacted have been published;
and we challenge any fair-minded
to point to single act, memorial or
resolution, OF that body which has not
for it's object the welfare of the State.
Among the important acts, which
have been increasingly attacked, is the
one to protect htigants; and yet there
were few more important to the inter-
ests OF the people, passed at any ses-
sion within the past ten years. The
editors of the Radical papers, either
the ignorance OF q majority OF their
readers, of legal proceedings, inquire
where is the protection? For their
benefit, as well as for some who may
not have had any such experience, we
will explain what il familiar to every
business man as well as every lawyer.
In every case, in any Court, the de-
PENDANTS are expected TO receive due
notice, of the Court in which
it is commenced, the object for which
the suit is brought, and the time that
it will be heard. The mode of giving
this notice is usually by the service Of
summons upon the defendant per-
sonally. As this cannot be done in
all cases, the statute provides that in
certain case where the defendant can
not be found, publication Of the
summons in a newspaper shall beemed
equivalent to personal service. This
necessary requirement of the law has
given rise to many serious abuses
Where it is desired 10 keep the defend
ant in ignorance of the suit and to
prevent him from making any defense,
it il quite common TO have the sum
mons published in paper of little
circulation, or in one which he is not
likely to read in consequence of
which, his most important interets
may be legally disposed of without
Igiying him any opportunity of being
heard, or even without his knowledge.
We are no lawyer, and yet an instance
occurs to us where mortgage on O
large and valuable tract of land in
: Lane county was foreclosed during
the absence of the owner, in Idaho, OF
which he had notice whatever, as the
summons was printed in little seven
by nine sheet called the Crusader,
which only lasted about six weeks
The same thing might happen in the
notice of an Administrator, where the
: rights of heirs are to be determined,
: in the scale of stock for assessments;
, and in q hundred other different cases.
) So serious had this evil Iecome In
California that at the last Legislature
the lawyers of the whole State, with:
out distiction of party. united in urg-
ing the passage of similar act. I'm
r der our law, the Governor, by procla:
nation, after the publisher has given
bonds for the faithful performance oi
his duty, announces the official paper
for each county to which every one
r interested may look with confidence
Q to find any legal proceedings affecting
t his rights of property.
Such law would have been passed
undoubtedly, had the Radicals had
{ the control of the State, and the fac
that. their papers received the benefit
3 of it, would have afforded us nc
ground of complaint. For years they
5 have had the patronage of the e. S
' Government in the publication of the
I Acts of Congress, and the Oregonia,
4 still publishes all the legal advertis
4 ing of the District and Circuit Cour
J including ga fat take" in the bank
t ruptcy business. In all such cases a.
this, the rule has been well establish
: ed, that to the yictors belong th.
t spoils, and it is childish to whin.
: about it.
9 The accusation that the charges
Q have been increased by the bill
. is not true. By referring to the col
l umns of the Ensign, Radical paper
Q published at this place, we find th,
T price of advertising is three dollar
: per square, for the first insertion, an6
9 one dollar for each additional one
Q while the price allowed by the ney
Q law is two dollars and fifty cents fol
!, the first, and one dollar for each sub
r sequent one. Of these facts, ALI pub
Q fishers are aware and it shows t,
= what straits the Radicals are reduced
9 when they are compelled to resort t.
$ such silly attempts to make capita
r against the Democratic party.
8 On the morning of the 14th of De
9 cember, being the anniversary of tn
d Prince Consort's death, Queen Victori
/, and the members of the royal family no,