Daily capital journal. (Salem, Oregon) 1903-1919, 1916-04-25
HONOR THRUST UPON
HUGHES BY SUPREME
COURTS DECISION
Three Per Cent Gross Income
Tax Of PR, |. & Co., Held
To Be Illegal

The supreme court this morning hand
ed down an opinion stating the reasons
for allowing the writ of mandamus com
pelling Secretary of State olcott to
place the name of Justice Charles Il.
Hughes on the ballot for president of
United States regardless of Hughes
wishes to the contrary. The supreme
court says that if a majority of the re-
publican voters of the state wish 10 ex-
press their preference for Hughes they
can do so whether Hughes likes II or
not and it is for their convenience that
the name is printed in so that they viii
not be obliged to write it in their bal
lots.
The opinion states that if some can
didates for the office of president in
the states would oniy receive a few
votes that it would be entirely proper
that their friends should write the name
in the ballot but in Hughes ease over
1000 qualified voters Of the state ex-
pressed their preference for Hughes in
a petition sent to the secretary of state
and printing the name on the ballot it
would enable them to express their
preference without any delay at the
polls
In his opinion Justice Mcbride says:
Ordinarily the object of the law is
not to serve the convenience of parties
seeking a presidential nomination, but
to enable the voters to express their
preference. "
"While we fully appreciate the EN-.
barrassment that the course indicated
will occasion the eminent iurist, who is
not seeking the endorsement the petit
TONERS wish to tender him, and who,
no doubt, wishes to avoid having the
great honor and greater burden of the
presidency laid upon his unwilling
shoulders, it seems clear to us that the
petitioners have the right, even con-
trary to his wishes, to express their
preference for him as the most fitting
citizen to be candidate for presi-
dent. "
The arguments in the case were heard
by the court sitting en- banc but Chief
Justice Moore and Justice Eakin took
no part in the consideration of the
case.
The supreme court reversed and re-
manded for trial the case Of the Yer
mont Farm Machinery company against
Frank w. Hall, Of Turner This is an
action on a promissOry note aud was
tried in the Marion county circuit court
in department No before Judge Kel-
ly. The jury rendered general verdict
in favor Of Hall and the Vermont Farm
Machine company appealed to the su'
preme court Hall alleged in his answer
that he gave a note for $l.700 to the
machine company and that when he
found that he could not pay it at it's
maturity he asked for renewal which
was granted but tina, the old note was
not cancelled and the action was insti
tuted on the old note, The opinion
was written by Justice Bean.
The rulings Of Circuit Judge George
IN. Davis, of Multnomah county, were
upheld in the ease Of the City Of Port
land against the Portland Railway
Light & Power company in the action
brought by the city in attempting tC
collect three per cent Of the gross in
come Of the light and power company
amounting TO over $4,000 for the right
to do business in Portland. The com
pany held that the tax was exorbitani
and dcmurred to the city's complaint
The Judge upheld the demurrer and The
city refused to plead further. The iudg'
then entered a judgment in favor Of tn,
light company and the city appealed
The same rulings and opinion applied t.
the case Of the City Of Portland agains
the Portland Gas & Coke company, ap
pealed from Judge Gatens court
The other opinions follow:
G.. +. Tucker vs. g. g. Davidson, ap
pealed from Multnomah county, appea
dismissed per curiem.
Felix r. Wagner vs. Stella Wagner
appellant, suit for divorce, appealet
from Multnomah county opinion b.
Chief Justice Moore, Circuit Judg
Gatens' judgment for plaintiff re
versed.
s. A. Sanford vs. p. r. Hanan, appel
liant, appealed from Douglas county, ac
tion to recover on promissory note, op
inion by Justice Burnett, Circuit Judg
Hamilton judgment for plaintiff al
firmed
G.. Frederick Kurtz, appellant, ST
Southern Pacific company, appellant
appealed from Marion county, actio
for rehearing denied, opinion by Jus
tice Benson
| Mary Dewar vs.. First National ban
Of Roseburg, appellant, appealed fror
DOuUlnH COuntV action for recovery O