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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 13, 1911)
TIIE MORNING OREGONIAN. WEDNESDAY. DECEMBER 13, 1911. LIQUOR SALES IH CLUBS RULED OUT Supreme Court Upholds Ordi nance Forbidding Practice in "Dry" Towns. CORPORATION LIKE PERSON Jar-tire McBrKIe Saj Intoxicants Are Property of Organization, ot of Individual Wood bnm Case Bared. SALEM. Or, Dec 1J. Special.) Holding that a club which la a cor poration la In Itself an artificial par ana and aa such owns (he liquor pur r based by It. regardless of the fact that aueh liquors were supposedly the property of tho Individual members of the club. Justice McBrlde. in a humor ous opinion In tha Supremo Court to day, modified the recent opinion of Judas Calloway, of tho Circuit Court of this county. In the case of the Bach elors' Club Tersua the City of Wood burn and at tho aame time declared that the search and selxura ordinance of the City of Woodburn la Told, aa well aa ordinance No. 100. The latter ordinance makes It un lawful for any common carrier or other person to deliver Intoxicants within the boundaries of the City of Woodburn. Through the court's interpretation of the contention which held that liquor could be held by Individual members aa their own personal prop erty, but which the court construea aa being the property of the corpora tion as an artificial purpose, scores of clubs. Including Elks clubs, throughout the state will be affected, according to the general sentiment among atorneys here who have heard the gist of the opinion. Irmli Fellow Raids, The Bachelors Club cases arose when numerous arrests were made fol lowing raids upon the club when liquor In possession of the club waa seised. "The complaint alleges that pursuant to ordinance No. 1ST (making It unlawful for all but certain peopla to sell liquor In Woodburn), 8tangel. the Kecorder, baa repeatedly convicted and lined tbe officers of the club," says the opinion. "And that their cases are now pending in the Circuit Court upon appeal; that under ordinance No. 30 (the search and seUure ordinance), upon complaint of the Mayor and upon a warrant Issued by the Recorder, an organized force of police officers and Informers, with force and violence, en tered the clubrooma and ejected tbe of ficers and members; seized the prop erty and effects of the plaintiff; took the same Into possession of the city; and threaten further proceedings of like nature, whereby plaintiff will be vexed and annoyed and Its property rendered valueless; and It and Its of ficers will bo vexed and harrassed by a multiplicity of suits." Under this complaint. Judge Gallo way Issued an Injunction restraining the officers of tho City of Woodburn from further Interfering with the members or officers of the club. Clak Feraaed After F.leetloB. In his opinion. Justice McBrtde says: "Previous to November. 190. the sale of Intoxicating liquors waa licensed In Woodburn. At the election then oc curring the city. In common parlance, voted 'dry.' and thereafter such sales were prohibited. Kxlstlng licensee ex pired In January. 110. and coincident ally with their expiration a number of citizens were suddenly seised with a desire to Improve their social and men tal condition by means of a social club and the Bachelors Club waa In corporated, ostensibly for that purpose. "Whether or not Its membership waa confined to unmarried men, aa the name would seem to Indicate, the club became at once an exceedingly popu lar Institution and soon attained a membership of about ( perona, Tbe method of Initiation was simple. A person desiring membership signed an application blank and his qualifica tions were passed upon by the trustees and If found worthy he paid a fee of 14 and waa admitted. Of thla amount 11 waa for member ship and the other five was for a book of coupons, entitling the holder to receive a certain quantity of any re freshments that the club might have In atock. A room on tbe ground floor of a building formerly used as A sa loon was rented, a bar established, and stewards provided, and last but not least a stock of liquors, cigars and soft drinks laid In for the comfort and delectation of the members. Moral IplUt Mlgbt. "The club secured a United States In ternal revenue license for the sale of llquorsv and proceeded to furnish Its members with liquors, cigars and other refreshments when called for. There la no evidence that, the club ever did anything toward the moral or mental Improvement of Its members, beyond furnishing them with liquors, cigars and soft drinks In return for coupons, and we conclude from the testimony that the principal object of the corpor ation was the disposal of liquor to its members. "It Is declared that the provision of the charter authorizing the Council to license and regulate the sale or dis posal of Intoxicating liquors does not Include the power to prohibit their sale. "Whether this Is correct or not Is of no moment In this cane as the Coun cil baa not attempted by thla ordinance to prohibit the sale of liquors tn Wood burn, but has confined the rta-ht to make such salea to teglstered phar macists and upon a bona fide prescrip tion for disease. Ordlaaar Field Valid. "Thla Is not prohibition, but regu lation. Taking this in connection with the plenary power granted the Coun cil to pass and enact such ordinances as It shall deem expedient to suppress Intemperance, we are of the opinion that the ordinance Is valid. "The contention that these sales were not sales of liquor but that It waa the property of the members of the club, cannot be sustained. The club Is a corporation and la Itself an arti ficial person and aa such owns the liquors purchased by It. The act of taking a member's money In gross and allowing him to spend It for liquors la detail as his appetite may require, does not alter the fact that In It ultimate analysis the transaction la a sale; nor doea the fact that no profit la made by the transaction alter Its nature. It la not a defense to a charge of unlaw ful disposal of liquor for the seller to show that he aold It for less than it cost him. "Ordinance No. 30? Is not void. A house where the unlawful sale or dis position of Intoxicating liquor Is car ried on la a disorderly house, people vs. Clark, 1 N. T, Crm. C, 211; Cheek vs. Commonwealth Ky, Jit. "Ordinance No. Jo, la void. The right of the citizen to be protected against unreasonable search and seiz ure Is a very valuable one and we have cited no provision of the charter of Woodburn that confers upon that unlclpality the right to exercise that Igh prerogative. Ordinance No. 300. confessedly void, both for want of uthorlty in the charter to enact It nd because It Interferes with Inter state commerce. It does not appear, however, that any attempt has been made to enforce It and we are not therefore required to make any order In relation to it. Other Case Decided. "The decree of the Circuit Court en joining prosecution under ordinances JS7 and 36? is reversed, but the de cree will stand aa to No. 30. The ap pellant will recover costs and dis bursements In this court and neither party will recover costs and disburse ments In the Circuit Court." Another new point waa decided by the Supreme Court today In relation to a verdict of a jury Id cases on hom icide. The case in question was that of the state versus George Setsor. who was indicted on a charge of murder in the first degree in Baker County for killing John Thomas. The jury re turned a verdict of involuntary man slaughter. The defendant's attorney contended that the jury did not find the defendant guilty of any of the three degreea of murder and should have found "not guilty" as a result. The court overruled this contention, holding that the verdict waa a general one and. while not a model to bo copied after, will stand. Setzor waa aentenced to from one to IS years In the penitentiary and to pay a fine of liooo. Other casea decided today were: Wtlltam Flanley Company versus J. TJ. Combs. apreaied from Grant County: Oeore C Davit, judge, reverted and a new trial ordered, la an opinion by Justice Mf Krid. Tale waa an action to recover money advanced on an executory contract. Merchant National Bank ver.ua Tvld A. McKeown. et al, appealed from Grant County; George E. Iavl. Jud". affirmed in aa opinion by Chl'f Juatlce Eakln. This waa a mil Instituted to e.tabll.h aa ad verse rlxht to a mining claim. Unl. Q. McMahon v.raus Robert f. Hull, appealed from Tillamook County. William llallowar. Judge. Motion to dl.mlas appeal denied. i frank Donnelley and William Paugherty ver.ua Joseph Cuhn. appealed from l ma ll:;a County. H. J. Bean, judge; modified In an opinion by Justice Moore. Mr. Jul lice Bean took no part tn the hearing aa he sat oa tbe eaae tn the lower court. This waa a suit to enjoin Interference with a now oi water. UNTRUTHS CHARGED TO SINGLE MRS. Oregon City Live Wires Start Campaign to Put Reliable Data Before Voters. "Just the ing t 99 HAZY BILLS HELD DANGER e-44 eclaratlons That Improved Lands Are Taxed More Than Similar 1'nlmproved Tracts Denied by Mayor - Elect, m FAT STOCK IS JUDGED GRAXGEVIXLE, IDAHO, CARRIES OFT CHOICE SHOW FRIZES. Northwest Livestock Association Opens Third Meeting W1U Great Exhibition. LEWISTOX. Idaho. Dec 1 i. (Spe cial.) The third annual' show of the Northwest Livestock Association opened here for the three days' session thla morning;. There is assembled per haps one of the greatest exhibitions of livestock ever shown In the Northwest. Hundreds of stockmen and breeders, many prominent and distinguished pub lic men are In attendance. ' The establishment of a permanent livestock show In the Northwest seems assured. Judging of fat stock of all grades waa In progress today. W. A. Jones, of Granitevllle. carried off first prise lor the best carload of fat steers. re Carded aa the blo-gest prise event. He also carried off firsts for the best 1-year-old steer and the best dry cow. Judslns; of horses will be carried on tomorrow. Addresses were made at the fair grounds today by Paul Clagstone, pres ident of the Northwest Livestock Asso ciation; H. O. McMillan, of Kock Rap id. Iowa, president of the Percheron Society of America; Charles Joss, of Portland, in charge of the bureau Qf animal Industry In the Northwest, and others. There will be a Mr livestock parade tomorrow morning, after which Gov ernor M. E. Hay. of Washington, will deliver the principal address. r. O. Lively, manager of the Portland T'nlon Stockyards; Director W. L. Carlyle. of the Idaho Experiment Station, and others will talk. One feature of the session is the student stock judging contest. In which SI students of Idaho University are participating. A large delegation of prominent Spo kane cltlsens will reach here In pri vate cara today, as well aa a large del egation from Puget Sound points. among which will be numbered promi nent railroad officials. J. D. Parrell ajid J. P. O'Brien, Harrl man line offi cials, will arrive here tomorrow from Portland. interest Is centered in the coming business session of the association, at whlcrtjnany Northwest cities will com pete for the next fat stock show. This week there will be a combination breeders' sale of livestock. OREGON CITY. Or, Dec. 1J. (Spe cial.) Alleging that prominent advo cates of the single tax were making; misstatements In tbe campaign that has been started In this county, several members of tbe Live Wires, a branch organisation of the Commercial Club, said at the weekly luncheon today that It was the duty of the organization and the business men to refute the charges and let the votera know the truth. Grant B. Dlmlck. Mayor-elect of Ore gon City, and Llry Stlpp, City Recorder, were among those who declared the single-tax orators were not adhering; to the truth. J. K. Hedges, president of the club, and Mr. Stlpp, who were appointed a committee two weeks ago to lnvestl gate tax measures which will be voted upon at the next general election, made a preliminary report. Trade Warning Sonaded. "I find." said Mr. Hedges, "that very often In looking up questions of Im portance that our constitution and laws are fast approaching a condition, be cause of new laws and amendments, where it Is impossible to tell just the errect of the amendments to the const! tutlon or the passage of laws; that we have failed to sufficiently consider bills presented and that I feel there 'must be a sentiment aroused to vote against all bills that are not understood or our laws will drive out capital now In the atata and keep capital now seeking In vestment out. I believe, though, the Indications are that voters Id future, more than In the past, will vote against all bills they do not understand." Mayor-elect Dlmlck spoke in part as follows: "I think it la the duty of the mem bers of the Oregon City Commercial Club to take some action against the unfair presentation of the assessments made by the County Assessor of Clack amas County and equalized by the board of equalization. Aasertlou Are Disproved. "Those who are advocating the single tax are not acting fairly in preparing their statementa that they are sending broadcast, and I desire to call your at tention to the article appearing In The Oregonlan of December 12. wherein single-tax advocate tells of 640 acres of land in Clackamas County, and out of that (40 acres a 11-acre tract was sold and Improved, and after the Im provement the 13 acres Is now assessed for more than the remaining (28 acres. The County Assessor informs me that such Is not tha case and that while some land is assessed low on account of Its rocky condition, being wholly unfit for cultivation or even pasture. the comparisons which I have men tloned are untrue. Cask Talae Assessed. I listened a short time ago to a speech made by a single-tax advocate In Clackamaa County, wherein he de clared that he had found two tracts of land similarly situated, each containing 100 acres; one field by a resident who was improving it and the taxes on that tract of land were more than 160. and the other tract of land equally as level and the fertility of the soil equally as good, but held by a speculator, and the latter tract of land waa only taxed for 1. I wish to say that the assertion is false and misleading and no assessment of that kind appears on the assessment roll of Clackamas County. There are tracts of land, however, unnn our hill 41- ft.r?.d; Police Resort to Pre- law of 1107 at their true cash value, and lying along the side of that tract Is an other dipping over Into a rocky, precip itous canyon, which is also assessed at Its true cash value, but the value Is very small on account of tu worthless condition of the land." You'll Say the Same at This Suggestion From Santa Claus "If you want to give her a joyful and lasting surprise, give an order for a fine Piano from Sherman, Clay & Go.'s reliable stock." PIANOS STEINWAY & SONS A. B. CHASE MEHLIN ESTEY KURTZMANN LUDWIG CABLE CONOVER KINGSBURY $265 TO $1600 aE3$T THE LARGEST SELECTION OF GOOD PIANOS AND PLAYER PIANOS ON THE PACIFIC COAST CONVENIENT TERMS IF DESIRED ' , PLAYER PIANOS STEINWAY & SONS 'A. B. CHASE APOLLO CABLE KINGSBURY GCS v . KURTZMANN CECILIAN &S LUDWIG EUPHONA $475 TO $2150 Exclusive representatives for above pianos and players. Call at our store and permit one of our salesmen to show, this superb stock to you. Open evenings. Victor Victrolas and all the Records Sherman Bay & Co On Morrison, at Sixth, Portlands Or. One Price to All, All the Time CRIME WAVE STIRS cautions Following Murders. COUNTY OFFERS REWARD HOQIN RIVER AIDED CHIEF ENGINEER HOLDS PKOVEMEXT JCSTIFTED. IM- Appropriatlon of $12,123 Is Itecom mended. Overruling Local Ad Terse Report. OREOOVIAN NEWS BUREAU. Wash ington. Dec. 12. The Secretary of the Treasury has transmitted the esti mate and recommendations of Chief Knarlneer Blxbjr for dredging- the Hoqulam River and constructing a channel 100 feet wide and 11 feet deep at a cost of 112.325 and $1000 annual maintenance, the work to be per formed by the .dredge Oregon and lands to be provided by local interests for dumping the waste material. Tbe local engineer reported adversely on the proposed dredging of the Hoqulam Klver. on the ground that local Interests were unwlllng to bear half the cost and oa the further ground that In his opinion tha com merce would not justify tha expendi ture. The Army Board and the chief of engineers, after further Investiga tion, take the position that consider- sble shipping would be benefited by this work, and overrule the local of ficer. By dredging an 11-foot channel across bars In tbe river, the largest ships visiting Grays Harbor can reach all the Important docks on the Hoqulam River and this, they believe, amply justifies the expenditure of $12,3:5. CAR SKIDS FROM TRACK Forest Grove Local Coach Hits Pole. Passengers Uninjured. HILLSBORO. Or- Dec. 12. (Sre- I clal.) Passengers on the Forest Grove local which arrived here at 4:25 yes terday were given a severe shaking up men trie rear car of the two-coach ' electric train jumped tha track, struck a telephone pole and waa hurled almost o Its side. just as tne train waa nearlng the station the rear truck of the rear car struck a split switch and followed an other track for some distance. Before the motorman could bring the train to a stop the car had swung to an angle or degrees and snapped off a tele phone pole. Three guard posts were also demolished. The car was easily righted and with in $0 minutes left for Forest Grove. None of the passengers sustained In- Jury. Mystery Veiling Weber Girls DCaUi Still Far From Solution Two More Killings Add to Diffi culties of Officers. Strike Disorders Settled. LA GRANDE. Or.. Dec. 12. (Special.) More guards were removed by the railroad company today and for several days no disorder has occurred among the strikers or workers. Free board and lodging Is no longer given si-Ike-breakers at the O.-W. K. It N. stockade. Uprtgnt pianos rented. $S to 15 per month Chickering. Kimball. Stelnway, Kohler. and many other popular makea. All rent paid can apply on purchase price It desired. Kohler tt Chase. 17f Washington sr. Open day And sight. Stolen Diamond Turns Up Again. CENTRALIA. 'Wash.. Dec 12. (Spe cial.) While In a restaurant last night A. A. Woelfel. a Centralia jeweler, was shown a diamond pin by a friend, who asked his advice relative to changing tbe setting. Woelfel recognised the pin as one that had been stolen from him yesterday. An Investigation led to the fact that Nichols had purchased the ring from one Patrick O'Hare. and that Individual was promptly arrested. It Is believed that the man has several accomplices, and he Is being held while the police are searching for four mn who were seen with the captive. ' Tlicft or $2.50 Admitted. SALEM. Or.. Dec 11. (Special.) "When Roy and Clayton Havelin were scuffling, Clayton's coat flew back and It occurred to me that I was short of change and I helped myself to $2.50 which was all that was In that pocket." Such was a portion of a con fession forwarded to Deputy District Attorney Wlnslow today by Carol Ostrander, who was arrested recently with Roy Williamson on a charge of larceny. Ostrander exonerates Wil liamson, but Williamson will be held. Upright pianos rented, IS to $5 per month Chickering. Kimball. Stelnway, Kohler. and many other popular makes. All rent paid can apply on purchase price If desired. Kohler & Chase, $76 Washington at. Open day and night. RpnifANE. Wash- Dec 12. (Spe- .i,i The County Commissioners to dav offered a reward of $500 for the arrest and conviction of the murderer of Chauneey R. Simmons, who met his death at the hands of a burglar Mon day. This offer does not apply to the city police force or any otner saianea officials. At least 2S special plain clothea detectives are to be sworn In i immediately and 600 or 1000 mrm. to be deputized and al- i-a nrrv firearms, if necessary. Every person seen in the residence districts after dark Is to be required to give an account of himself and every available policeman In the city is to be dispatched to the districts where crime may be reported. These are the precautionary ateps of Chief of Police Doust. -ntrmiasioner Hayden this morning said that the forca probably would not be Increased. Issae Splits Conunlsalosu Statements made by the Mayor about the police department were an invita tion to crime," said Commissioner Hay den today. "Immediately thereafter murders and a score of violent robber ies occurred. These criminals were in nnnkane two weeks ago, else they would have worked during the carnival." . , This declaration was made In dis cussing the murders of Anna Weber, Chauneey R. Simmons and Frank Pas quale and other crimes of live days. The veil of mystery that hangs over the murder of Anna Weber has not been lifted. Detectives working on the case appear to be more puxxled than ever. George Weber, father of the mur dered girl, is advertising the dairy for sale. Just what the Intentions of the Weber family are is not known. Sale Offered at Leas. The police assert that one reason why the father. George Weber, wanted his daughter to marry the Stevens County man was that it might enable the family to go back to Germany or Austria. Tha father is asking $900 for XX cows, the wagons and the dairy j route, as well as the equipment. This is just $100 less than Leo Weber says It cost them to start the dairy a few months ago,, and to do this $300 was borrowed from Peter Weber. & brother of Oeorge Weber, and $600 was the sav ings of the murdered girl. Mr. Weber says Anna did not give him $600 In a lump sum, but that she gave her money steadily to the fam ily and the small amounts accumulated to $600. Crimea Terplex: Officer. With two new murders and numerous other crimes. Chief Doust and Captain Burns were not able to give their ex clusive time to the Weber case today. A conference was. held with Elizabeth Weber, but Captain Burns says no addi tional information was secured. The fact that horses are exceedingly afraid of the smell of blood has been much discussed, bringing the suggestion that the Weber horses, when driven within 15 feet of the body Friday morning should have made a disturbance. Leo says the horses did not snort nor act In any way unusual. He said that just after turning the curve in the road apd when a few feet past the body, one of the horses that always shies at everything shied, but, accord ing to Leo, this horse, Intsead of jump ing away from the body, shied in the direction of the body. Leo Weber says he believes his sis ter was decoyed away from home and waylaid, but the family cannot tell how the decoy appointment was made. o J1A heumatism Is a blood disease. It can be cured only by ridding tbe blood of extraneous matter. Hood's Sarsaparllla cures It, am It does other blood diseases. "The necessity for a good blood purifier," writes W. G. Skinner, Wakefield. Mass., "was first impressed on me wben I took Hood's Sarsaparllla for a severe attack of rheumatism. As soon as I began to take this medicine, I felt better and In a short time was cured, and have been In good condition ever since. Remember there Is no real substitute for Hood's Sarsaparllla. If urged to buy any preparation said to be "just as- good" you may be sure it Is Inferior, costs less to make, and yields the deal er a larger profit. Get Hood's Sarsaparllla today in liquid or tablets called Sarsatabs. Power Company Elects. BAKER, Or Dec. 12. (Special.) The Central Oregon Power & Irriga tion Company, which Is planning to Ir rigate 40,000 acres In Harney County by pumping water from Malheur Lake, today elected the following officers: President, W. A. Pope; vice-president. S. S. Start; secretary-auditor, C. T. Godwin; treasurer, Mrs. Blanche Rhlnehart. Directors, W. A. Pope, W. C. Parish and S. 8. Ptart. all from Baker, except Parish, who is engineer for the Pacific Electric & Power Com pany, of Walla Walla. Church Gets New Window. CHEHALIS, Wash., Dec. 12. (Spe cial.) M. A. Langhorno, a Tacoma at torney, has presented the Westminster Presbyterian Church, of this city, with a beautiful memorial window. It was in place yesterday. The window was placed In honor of the mother of Mr. Langhorne and alongside is this In scription: "In loving memory of Julia Raleigh Lanprhorno, 1841-1907." Hosiei Free Demonstration The Stubbs' Electric Company has secured the services of a competent demonstrator and cordially invites you to call at their store and learn the advantages of cooking by elec tricity Their 6tock is the most com plete of any in the city and prices are right. An Electric Iron, Chafing Dish, Coffee Percolator or Toaster Stove makes an ideal Christmas gift. Cor. Sixth, and Pisa Sts. they toil not with the darning: needle if Everwear is one of their gifts from you. We have Everwear in Silk, Silk Lisle and Egyptian Cotton at $1.50, $2, $3 the box, guaranteed. All weights, all sizes and colors, for men, women and children in Fancy Xmas Boxes Make this a Sane Christmas 4S; ' rf! At ths Ben Selling and Moyer Stores