Daily capital journal. (Salem, Oregon) 1903-1919, 1907-08-08

petition that is not in itself a petit
ton of prayer by its very nature. AS
1t was not essentially mandatory, II,
WAS ONLY DIRECTORY AND AID.
VISORY. Judge Smith held the
Iclosest attention of the court, and
several times Justice Moores presid-
ling interrupted him In friendly
manner. All the lawyers quit read
ing books and briefs and listened
to every word of his brief argument.
Makes Ten Strike.
Judge Smith made a hard hit
when he showed that the form of
the petition was clearly outlined In
the constitution, without legislative
direction and then when the petition
was filed, 1t said as to the secretary
of state, CHE AND ALL OTHER
OFFICERS," shall proceed to act In
the premises as the legislature pre-
scribes. The legislature could not
change the meaning of. words and
the people were fully protected in
the clear language of the constitu-
tion. @
NSTITU TIONAL RIGHTS
COULD NOT BE REGULATED BY
THE LEGISLATURES, except In case
of a great public necessity under
the police power of the state.
Suppose 1t is case where the
constitution is not self-regulating,"
asked Justice Moore.
Then there must be legislative
exposition" said Judge Smith, "but
not otherwise"
MIR. Logan Argues.
He admitted Mr.. Malarky had
gone over the ground pretty we'll.
He went over It again to some ex-
tent. The reason of the legislature
In putting in that warning clause
was plain. In the purliens of the
north end voters WOULD SIGN ANY
PETITION FOR A GLASS OF BEER.
Even the average hard working citl-
zen might make mistakes with good
honest intentions, and sign a petition
Illegally In the absence of q warning
clause. A crowd of irresponsible
people might sign up like a mob and
compel any measure TO be submit
ted. He spoke only sixteen minutes,
or one minute longer than Judge
Smith.
Webster Fires His Wad.
He offered some new authorities
and the court gave each side FIVE
days to flle a few hundred more
cases. He apologized for appearing
for paltry five thousand petitioners
who were denominated THE RAG
TAG AND BOBTAIL, AND THE
RAKINGS AND SCRAPINGS OF
THE PURLIEUS of the north end
OF Portland. The court had been
Informed that the gentlemen OF the
other side appeared for 95 per cent
of the citizens of oregon. Who had
empowered them to hold that brief
for that vast unnumbered majority?
They had paraded their views with a
cock-sureness that challenged his
admiration. THE PEOPLE OF ORE
CON WERE ABSOLUTELY SU-
PRENiE OVER EVERY CO-ORDI-
NATE BRANCH OF THE GOVERN
MENT. Formerly the legislature
had all power. but there came a
time in the history of the state |
when this was changed. when the |
p ople took into their own hands the /
not only OF making laws but !
of demanding the right to pass on
the laws the legislature did enact.
For years there had been growing a
DISTRUST AND LACK /
OF CONFIDENCE IN THE LEGIs-
LATURE after long years of ex-
perience and growing dissatisfaction.
Was 1t not natural that the constitu-
ton should make the direct legisla-
tion clause self-operatiye.
Not Named Wrong.
Judge Webster proved the orator
OF the occasion and Judge Lowell of
Pendleton must look to his laurels.
The very opposite of Malarky. who
1wells at length on details. Webster
hits the high places and strikes at
principles. He held the
ear, the eye. the mind of the court,
bar and spectators. At all times
be was earnest, eloquent and very Il
graceful in his delivery. He hit the
Dullseye several times and once
made the bell ring loudly. when he