Daily capital journal. (Salem, Or.) 1896-1899, 1897-05-17

IOf 1ss5. lie Wss q silver champion
/ rear ago. and battle5 nO5ly for Her
mann aud Mitchell foT re-electigo OI
I their silver records. He sss Away
a warm supporter q Secretary Kin
czid, bot q late seems % have gone
I after other gods. and can see nothing
god in the man whose sterling
/ qualities u Independence are still ad-
mfred by other psople- We are sony
az old pioneer q Repu5lieanism is
not conducting himself 70 suit John
sOn.
The editor d the Corvallis Gazette
probably means Eell and thinks be j.
doing his duty 10 an editorial attack
ing Secretary of state Ki0caid for en-
Dlyying legal counsel in the present
pending suit u force the secretary u
issue state script Shen the legislature
hss not authorized it. The editor Of
the Gazette f. either sadly behind the
times. or Is not posted % what he il
taking. or wIllfully tells fslsehOOds.
The secretary is not fighting the rail-.
road commission or any other particu-
lar commission. That suit was de-
cided over two years ago. The Ga
zette says:
ANY man with common sense
knows that the position assumed by
Kincaid ln regard TO the commissions
and various Offices is untenable and in
a legal contest the state is sure to
be beaten"
According TO this the supreme
court, Of Oregon, and the judge Of the
Third Judicial district have not got
common sense, for Kincaid is sim
ply following a decision Of the su-
preme court, and he 10 turn has been
sustained by Judge Hewitt, Of the
Third judicial district. The Gazette
man, In his ignorance, says: "Kincaid
has employed two lawyers to repre-
sent his peculiar views" etc. Kin
caid's views are simply that the law
must be obeyed as laid down by the
supreme court, the constitution and
statutes Of Oregon, the decisions Of
the courts Of other states and as in
terpreted by our best lawyers. 1t may
be that the Gazette man is thinking
about the railroad case Of two years
ago. He is totally ignorant about the
present proceedings Continuing his
wall for the commissions, he says:
"Kincald has no particle of author
ity for ignoring the attorney-general,
who was chosen by the people TO be
the legal advisor OF the state" This
perhaps is all right If the attorney
general did not always decide against
the state, and If he was not rendered
incompetent to try the pending suit
by reason Of being more anxious than
any one for tue secretary TO issue the
half a million dollars worth Of script
30 that he can get his salary, which
he used TO draw three months in ad-
vance.
Still continuing 10 cry for the dear
commissions, the Gazette man says:
"No matter how much we desire TO
repeal the law creating the railroad
and other commissions there is but
one way to do It, and that is by di-
rect act Of the legislature. Per-
haps, correct, but not to the point.
Kincaid is not Aow lawlng with the
railroad commission. That octopus
Is dead IL died the last of its nine
lives when Governor Lord refused to
approve It's new bonds.
The question now is whether the
secretary Of state shall 90 ahead
and issue a millions dollars In script
aud run the state that much in debt
without authority from the legis-
lature, and is not about the legality
of the railroad commission or any
other commission.
The editor OF the Gazette should
iind out where he is at. He wander.
along aud abuses the secretary OF
state for doing things which he Il
not doing at ALL He abuses sucl
men as A. c. WoodcOck aud Judge