davidaulloa/AmericanStories huggingface dataset:
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19

submitted to the United States SUI
preme court for final adjudication last
fall.
Oregon System All Right.
The Kiernan action also asserted
that the authority conferred on cities
to pass laws by the initiative was un-
constitutional.
The main issues were based on the
claim that the Oregon system violated
the guarantee Of republican form Of
government. 1t was declared that the
system was revolutionary; that It
blended the three departments OF
government; that 1t confused statu-
tory with constitutional legislation; !;
that It provided two sources Of legis-
latlon and was subversiye Of the rep
resentative form OF government.
The state contended that the law
was constitutional, and that the Ques-
ton at issue was not one for the
courts at all
In this point tle, state was upheld by
implication by the supreme court to-
day Just what further steps will be
taken now by Herman and the tele-
phone company is not known
The case is looked upon as distinct
victory for popular government in Ore
gon.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
THE PETITIONS
DO NOT COMPLY
WITH THE LAW

Because of the failure to observe the
law in seggregating the names of vot-
ers in the different precincts on the
sheets Of the nominating petitions,
two circulators-o. NJ. Hickey and D,
H. Holland, both Of Portland, will be
compelled to again circulate their PEI
titions to have the name Of Theodore
Roosevelt placed on the ballot for pres
ident.
Under the provisions Of the primary
law It is required that clrculators must
have the names OF. the voters in each
ward on the same sheet This the two
clrculators have failed to do, placing
voters of different wards on the same
sheet.
According to information received
many other clrculators of petitions are
failing to observe this some provision
Of the law, and unless they circulate
the petitions anew, when they are pre-
sented to the secretary Of state all
names which should not be on the
sheet will be stricken off, In such an
event should the circulator have but
the number required by law or but a
few over It the result would be that
the number of names would be so far
reduced that the petitions would be
thrown out and the candidates name
not be permitted to be put on the bal
lot.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
LaMs COnstItutIOnaI.

Portland, Ore, Feb. 19.-The con-
stltutlonality of the Oregon initiative
and referendum law, which was prac-
tically affirmed in principle by the
United States supreme court today was
first raised in Oregon, when the state
attempted to recover from the Pacific
States Telephone 6 Telegraph COM
pany s1O,45O tax on It's gross earn
ings, under the authority Of the lnitia-
tive law, passed in 1906.
The telephone company opposed the
tax on the grounds that the law was
unconstitutional.
Frank Herman. Of Portland, raised
the same question in an injunction
against the city of Portland, and the
two cases finally we're combined and
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
WlII End AII Protest.

Portland, Ore, Feb. 19--w, c. Ben
bow, deputy city attorney, who partlci-
pated in the arguments before the
United States supreme court, the case
involving the conshtutionality Of the
Oregon system Of state government,
speaking in regard TO the courts ac-
tlon this afternoon said:
"The decision OF the court means
that the court considers the subject a
political question, to be determined by
congress, and not by the courts. Con-
gress has recognized the government
OF Oregon. and made no objection to
the form OF constitution Of Oklahoma,
when It was admitted to the Union
with similar laws.
81 believe this decision viii end all
protests against the law, It was a
great victory for popular government.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
BURGLARS ROBBED
WEST SALEM OFFICE

Burglars yesterday morning, after
Q o'clock. entered the depot Of the
Salem, Falls City & Western Rail-
road company in West Salem and
broke open the cash drawer and
ticket box. obtaining SLIPS.
Agent Norris was absent from the
depot when the burglary occurred,
having left just after the departure
Of the Q o'clock train for Blackjack.
When he returned at O'Clock the
time for the departure Of the FIRST
train in the aftrnoon, he discovered
the depot had been entered by bur-
glars by prying open a window and
that the cash drawer and ticket box
had been broken into.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
UNITED PRESS LEASED wIRn.l

Washington, Feb. 19.-"Now that the
chinese republic is fully and firmly
stabllshed with a regularly elected
resident and assembly, the nations
d The world will witness an awaken
hg fully as revolutionary as was the
INCREMENT which overthrew the cen
ndes old Manchu dynasty, and placed
Tuan Shi Kai in power"
This was the optimistic prediction
wced by Yung Kai, charge d'affalres
dthe Chinese legation here, in a spe-
.hl Interview given to the United
Press
The new president" he declared,
Il man known the world over as a
naIsA4eiid statesman.
Hs has passed successfully through
no Of the greatest strifes China has
ger experienced-the Boxer trouble
md the present revolution-and he is
Nplaced that his knowledge of China
md Chinese conditions will enable him
b govern the country fairly and i'm
Rtially.
IT is practically impossible when
one Is so far away to say just what
nay occur in China, but the outlook
low is very bright, and l hope and
think that the republic, under Presi-
dent Yuan, will pass into an era Of
lioSperity unparalleled in the past,
China will take her place among
he great nations of the world.--a place
(Which she is entitled by her i'm
n'nse spread of territory and her AGO.
100000 people-and the nations of the
West will be treated to a peaceful
commercial revolution, alongside of
saIch the awakening of the past will
D as the movements of one asleep.
DR. Yuan Vat Sen, | think may be
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19

Washington, Feb 19,--Practical af-
firmatlon that the principle of the ini-
tiatiye and referendum, as enacted in
Oregon, Is constitutional, came here
today when the United States supreme
court refused to take jurisdiction in
test suits contesting the validity Of
the laws.
The decision Of the United States
supreme court, which was unanimous,
affects many states where direct leg
islation agitation Is before the people.
Chief Justice White delivered the
opinion, He said.
"The issue Is political and govern
mental, and therefore Is not within the
reach Of the judicial power It follows
that the case presented is not within
the Jurisdiction, and the writ Of error
therefore must be, and is, dismissed for
want Of Jurisdiction" .
The decision OF the court leaves the
Oregon laws in free and untrammeled
operation, unless some contrary action
to override them should be taken by
congress.
The opinion concludes:
"The state government a political
entity in this case, was called to the
bar Of this court, not to test iudicially
some exercise of it's power, but was
assailed as to It's right to leglslate as
a state"
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
AN INSANE
CHINAMAN
A MURDERER
UNITED PRESS LEASED wIRn.l

Seattle, Feb. 19.-Hopelessly insane,
Woo Fong Cow is in jail today,
charged with the murder Of his two
uncles, Wah Ting Clip and Woo Chez
Clip, laundry proprietors.
The two Chinese were found dead in
their beds yesterday with bullet holes
in their heads. Standing over them
was their nephew, reloading a revolv-
er. He escaped, but later was cap
tured on the shore of Lake Washing
ton. A few weeks ago Woo Fong Cow
was examined for his sanity, but was
released Although he cannot be made
to make any statement, there seems to
be no doubt that he committed the mur
ders, and that he is now insane.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19

placed in Yuan Shi Kais cabinet, but
this is problematical, because the pres
ident will choose his own advisors. DR.
Suns ability and popularity will, how
ever, entitle him to consideration.
"The permanent location Of the cap
itol at Nanking is also doubtful, as the
numerous northern provinces are YET
unheard from, and upon the arrival Of
their delegates to the national assem-.
bly, the change Of capitol may be voted
down. For the present, however, ex-
tensive business will be transacted
from Marking"
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
INITIATIVE And REFERENDUM ARE SUSTAINED
Exc y b +4++4 \ !
Mrs. Not MlseOnceptiOn.

= San Francisco, Feb. 19.-Let- Z
= ters breathing undyiRg love for =
= Mrs. Conception Gailian and 4
= strong contempt for her hus- =
= band, Angel R. Gallian, alleged :
= to have been written by Seat =
= tie actor to the woman we're Z
y produced by Gallian today in =
= Judge vannostIand's court in .
y the suit for divorce brought him =
= against Mrs. Gallian, from =
. whom he separated a year ago. =
+ The only clew to the identity of Z
= the supposed affinity is the ini- Z
= tials, "E. D." signed to the let 4
= ters. A decree Of divorce was !
= granted and custody Of a three =
Y year-old daughter was also Z
> awarded the man. 4
- 4
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
TWO BOYS
KILLED IN
AUTO RIDE
UNITED rnEss LpAsED wrRn.l

oxnard. Cal, Feb l9.--Johnny
Fox, aged eight, and George Terry,
aged nine, are dying here today fol-
lowing an accident that resulted from
the Terry boys attempt to give four
small companions a Joy ride in his
fathers car.
The Fox boys scalp was torn almost
entirely from his head when the
machine left the road and turned
over In a ditch. Terry was caught
beneath the tonneau and fearfully
crushed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
Tn Ernmlne LnMrera.

Chicago, Feb. l9-Judge lands TO-
day empanelIed a special federal
grand jury, which II Is believed will
investigate whether counsel for the
meat packers on trial here in the In
terests Of the defendants. had con-
Quoted a school for Witnesses"
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
AVIATORS WILL GIVE
WIDOW A BENEFIT

Oakland, Cal, Feb. 19,--After an ex-
citing days sport at the Oakland avia-
tion field yesterday, the birdmen are
resting up for the next events, which
are scheduled for Washlngton's birth
day. Friday will be benefit day for
Mrs. Eugene Ely, widow Of the dead
aviator The meet will continue until
Sunday.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
STOLE PARENTS TRINKETS
AND THE CHILD's FAITH

Portland, Ore, Feb. 19--''I'm Santa
Claus, and little boys who are friends
Of mine never forget" said a white
bearded thief to Roy Yates, eight years
old. Santa ransacked the Yates home.
aided by the yOungster, and dlsap-
peafed.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
THE U. S. SUPREME COURT REFUSED
TO take JURISDICTION or THE CASE
++%+++++++%+4
Irrigation Congress.

= Portland, Or, Feb. 1s.--Dele- =
y gates from all parts Of the state =
= arrived here today to partici- =
4 pate in the first annual session =
= Of the Oregon Irrigation con =
Z gress here this afternoon. =
= William Hanley, Of Burns, =
, president Of the central Oregon =
= development league, probably =
= Will be selected as temporary =
= chairman. Committees will be =
= appointed this afternoon to =
y draw up plans for a permanent =
= organization. Regular business =
y will be taken up tomorrow. =
= 4
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
If SHE WAS INSANE
SHE WAS SENSIBLE
[uNIrrp rRrss LEASED wIRn.l ]

Tacoma, Feb 19,-'stick out your
tongue" said Judge Easterday, exam
lining melancholic girl for insanity
resulting from overstudy.
"Stlck out yours first" demanded
the girl The judge did.
"Now keep it there" said the girl
relapsing into silence and refusing
To talk.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
chinese REPUBLIC ESTABLISHED
YUAN SHI KAI IS MADE PRESIDENT
.++++++++++++ = -
The Snake 'DrOpped In.s

San Francisco, Feb 19.-Mem- 4
bers Of local theater orches- 4
' ira today are still shaking /
through the dropping among
' them from the stage during the 1
= presentation of an Indian 4
' drama Of huge snake. The 1
= reptile is one Of a number 1
= turned loose on the stage by an 4
= eloping Indian brave and maid 1
? in an effort to frighten the 4
= girls father. 4
= The snake trainer, who plays 1
? the part of chief in the drama. 4
= leaped from the stage and re-
r captured the snake before It 4
= did any injury !
= !
+ +++ + = = r 4 = 1
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
ANOTHER ARREST
ON DYNAMITING CHARGE
[uNI1np pREss LnAsrp VINE. ]

San Francisco, Feb 19.-0laf A.
Tveitmoe, secretary of the California
States Building Trades Council, and
e. A. Clancy, former member of the
board of the International Associa-
tion of Bridge and Structural Iron
Workers were arrested here today by
United States deputy marshals on in
dictments found at Indianapolis
charging them with completely in O
countrywide dynamiting plot.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
TAFT no VISIT CHICAGO
WILL SPEAK FIVE TINES

Washington, Feb, l9.--Announce-
meht was made at the White House TO-
day that President Taft will visit Chi
cago March . He viii make five
speeches there.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
UNITED PRESS LEASED WIRE. ]

Washington, Feb. 19.-Presldent
Taft today sent to the senate the nom
ination Of H. Pitney of New Jersey, to
be an associate justice of the United
States supreme bench
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
THIS MEANS THE MATTER is
ONE FOR CONGRESS- AND NOT.
FOR the COURTS TO ACT upon

The Opinion Was Deveredby Chief Justice White But Was
UnanilnOus-Ths Opinion Says: "The Issue is Political
and Governmental and There fore Is Not Within the Reach
Of Judicial Power and is Dismissed for Want Of lursdc
HOnThe Decision Affects Many States Where DireCtLeg
SatiOn is AdvOCated-t Leaves Law in Force Here.
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
Forecnsl TnI 8 ,. ID. Tuesday.

F
cooler xce near
hppasFO ,o.hau r.,
h again Temperatures
es;souhea ito gres; sskyou ~ degree" ~
aout degrees
River
~ m VnhuOt vnlrs TUESDAY and come to q ' wednesday
EDWARD A. FOr~Ser
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
WTH HER 4OO,OOO,OOO PEOPLE
WILL Be GREAT WORLD POWER
An ERA IN WORLDS HISTORY

g Kali Of the Chinese Legation, San Francisco, Says The
Nations Of the West Will Be Treated to Peaceful Com
meca Revolution, Alongside Of which the Awakening Of
tePaSt Will Be as the Movements Of One Still Sleep
Possibilities Of the Change Are Beyond Human Conception
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19
N. PITNEY
is NAMED
AS JUSTICE
Labor Leader Says This Ap-
pOintment is a Blow Aimed
at Union Labor, and Cites
One Of Pitney's Decisions.
MASTER AND SERVANT LAW

Plhey Ruled That One Man Working
For Another Was His Servant, and
That the Master Had a Right to His
Services, and 1t Was Unlawful to
EntlcO Him Away-"This Right"
Says Plthey, as a Property Right Of
the Masters"
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19

= ++++++++++++++ =
Daily capital journal. (Salem, Oregon) 1903-1919, 1912-02-19

= +++++++ = = = :
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-07-12
MOONSHINE KING
OF NORTH GEORGIA
MIXES LAST MASH

CUMMING, GA. July 12.-Old La
fayette Harmon, the moonshine king Of
the north Georgia mountains, has mixed
his last mash Friends found his body
in Dawes creek. six miles from Cum
ming, drowned in his wagon. A dozen
jugs of mountain dew in the wagon
bed told the story of old Lafes last
running of the revenue blockade. He
had been caught by the flood on the
way from his still to market.
LATE Lalmon was IS years old, but
his blue eyes We're just as keen as
when he followed the flag in the Sos,
and in his hands the six foot squirrel
rifle held just as steady a bead. The
revenue officers were never anxious to
trail the old man into his den, and
though his stills had been broken up
again and again old LATE retained his
freedom and kept on turning corn into
white liquor. He had the stern re-
ieion of the Georgia mountaineer de-
scendents of the Reundheads, and was
regular attendant at tine church his
father had helped to build. But he
maintained the right of a free born
citizen to use his own corn for meal or
whisky as he saw fit, and he refused
to admit that the government had any
right to interfere. He had been
"moonshinng" for 90 years.
Dawes creek was swollen by the
heavy rains and old Lafe must have
msjudged the depth a. the ford for
he drove his mule into water six feet
deep. Caught in the harness. the mule
was swept down stream and drowned,
and the old man evidently made no at
tempt to leave the wagon and swim out
Friends found him and tho mule dead
together washed against the bank, with
jugs of moonshine. tightly corked with
corncobs. floating by the old mans
side.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-07-12
The ATLANTA GEORGIAN AND NEWS FRIDAY july H. 1911
NEWS AND GOSSIP
OF TIE FleeCy Staple

NEW YORK. July 12.-Carpenter, Bag
got & Co. Market responds easily 70
buying, acting as if there was short
interest
Riordan bought some cotton. but it is
not thought to be for Pell.
Trading very quiet at noon All seem
TO be waiting for new developments
July sold Yesterday at 1905 Since the
first notice day June rs. this option has
advanced - points
II was rumored. SAYS The New York
Sun. that the strength in Liverpool was
due 10 Tdy1ng by one Of the American
houses that had been a prominent seller
recently This interest was said to have
become oversold and effort was made to
protect short sales by purchases in Ltv-
erpool
Dallas wires: "Texas-Cfear and warm.
Oklahoma Clear to partly cloudy, aud
warm
Following are II a. m. bids July Il 30.
121S
NEW ORLEANS, July Il. Hayward e.
Clark. The weather map shows Okaho-
Arkansas. Mississippi, Alabama partly
cloudy 10 fair eiSeWhere some scattered
showers in Louisiana Mississippi gem
eral showers in Georgia and Tennessee.
NO rains shown by map elsewhere. ON
| the whole. precipitation was more linn
tied TO localities than in the past few
days
= tIdNeluS man OF San ANTONIO wires
Have covered territory from WaXahachie
to san Antonio; find entire section need
ing rain; very dry from Austin to san
Antonio and plant has ceased growing;
! nigh temperature is drying up vegetation
rapidly and crop damaged materially
without rain Next ten days indications
are for continued high temperatures and
no rain "
Greenvlle, Miss clear, good showers
yesterday: Greenwood Yazoo CITY and
Memphis; clear; Vicksbmg, partly cloudy,
| showers last night
Following from Greenville, S. C.: our
crop Is remarkably clear, and stands are
perfect and While the crop is a least a
week or ten days late, yet that condition
can he readily remedied in q very short
time with good weather"
Habersham King, in his latest crop re-
port says: II differ with general views
about the unfavora BILE character of the
| Gather There was an inclination TO put
rains down as unfavorable. but | consider
DEVELOPMENTS of the week favorable to 30
per cent and unfavorable to 10 per cent.
| Tennessee has the most unfavorable con-
dtions
Austin, Tex. wires "Brovnville dis
| trct reports serious bon weevil damage;
/ Waco reports very high temperature,
which can do no harm as nights are cool,
| like Texas IS getting ready to work a
crop scare, with conditions almost per
feet Any change could only be for the
worse
Fort Smith, Ark. wires. During the
week crop conditions have slightly i'm
proved. In western Oklahoma, rains have
retarded work somewhat and reports are
that the crop is 20 per cent less than last
eastern Oklahoma and western Arkansas
no rain has fallen and tempera ture Is Just
what is needed. Showers would be neces-
sary in this immediate section.
Estimated receipts Saturday:
NEW Orleans ......,.. so to t35 30
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-07-12
SENATE PROBE Of.
FIGHT IS DELAYED
Committee Not Certain It Has
Jurisdiction to Conduct Still
Byrd-Lyon Hearing.

The senate committee which arraigned
Luther H Still. Charles r Byrd and
Thomas Lyon this afternoon on a charge
Of fighting in the senate chamber last
Wednesday, adjourned the hearing at 30
o'clock until next Monday afternoon, and
in the meantime will decide whether it has
jurisdiction in the case
Still. president of the Typographical
union, appeared in the senate chamber
with both eyes almost concealed under
swollen flesh. caused by the blows given
him by Lyon He was represented by
Frank Hughes, attorney, who maintained
that the senate had no actual jurisdiction
in the matter. as the fight had occurred
after both senate and committee had adj
journed; that there was no contempt of
that august body shown, and it was a
matter for the state courts to decide.
Byrd and Lyon were represented by
Robert &. Blackburn, who insisted that
the senate committee hear the case, as
sorting that the mere fact that one of
the defendants appeared before the com
mittee with brass knucks in his posses
sion constituted a breach Of decorum and
courtesy toward the senate
One Witness Testfies.
The committee. President John NJ Sla
the question of its jurisdiction under ad-
visement and reopen the hearing Monday,
upon the adjournment of the senate. 1t
consented to hear one witness, ". o.
Foote who could not be present next
week
Foote said that Byrd had approached
Still and warned him not to make amy
more personal remarks. with the threat
to knock his head off He had heard
no profane or obscene remarks. He tes-
titled that Still had the brass lSnucks,
which he. dropped on the floor and that
Lyon had picked them up and attacked
Still
The hearing was the outgrowth of an
alteration among the three which arose
from Stil's charges that the Byrd COM
pany had robbed the state in its print
ing contracts. It occurred on the floor of
the senate chamber, Just after the adj
iournment of the committee had had con-
sidered a new state printing bill
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1912-07-12
AMERICUS POWER co.
REQUESTS CONTINUED
MONOPOLY OF TRADE

r L. Maynard and A. NJ Walker, at
torneys for the Americas Gas and tlec-
tric COMPANY blandly requested the state
railroad commission today to give their
company the lighting and power monopoly
in Americas.
The unusual request. which has been
taken under advisement by the commits
sion but doubtless will he denied, was
made when the lawyers appeared to pro-
test aga inst a petition of the Americas
Power Company asking the commission
for epproval Of $4,000 stock issue
The Americus Power Company Is a re
Gently formed organization growing out Of
the tight between the municipal sUthcri-
ties Of Americas and the Americas Gas
and Electric Company over the capitalize
ton of the latter
The attorneys told the commission that
there was no necessity for such a plant
as the gas electric company was sup
plying the needs of the people of Amer
ious and vicinity without trouble and
opposition