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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 31, 1912)
THE MORXIXG OREGOXIAX. WEDNESDAY. JULY 31. 1918. PHIIUUIUKSIIIIP'infl"" ItUUttuiiUUIUiUiliaiinU THIRD TICKET TOPIC (UUWisUiaiiatiiuainrmijmtuiitiumiiaiiituiniiii ,1 1 111 1 liU I UHUIUUI iiminuua i If you only knew what pleasure Faction of T. R. Men Urge One - for Multnomah County. Victor-Victrola brings into your home, you ACKERSON IS UNDECIDED for sin Friends Renew Efforts to Induce Him to Be Candidate for Repre sentative Against Lafferty, JlcCusker, Munly. Talk of a third party ticket In Mult noman Connty continues. Although the plan Is not Indorsed by Dr. H. W. Coe. F. W. Mulkey and others of the more prominent Roosevelt supporters who succeeded in tabling a resolution on the subject at the recent convention In .1 j ., wttn Advocated the third .-k.r in the convention have not relaxed -their agitation. -..fi that Drelimlnary steps have been taken to bring out such a ticket In Multnomah County regard- ..HinmAniLitlnnil of the leSS Ol L-- - cw.a" " , - Chicago convention or the desires 01 the recognUel tnira pari this county. "The new party should not be al- W.nma ,n.TT.A.n OraTanlZa- m J Vanrlrvtrh. VMtef- day. Mr. Yanckwlch was the author of the third party iicnei r""'"""" which was rejected by the Portland convention. wwM.si F.viata. la Aeeertlom. A IUll I'unci in - - party organization and the National . ..u i. la. .taantlnl tO An V Progressive parxy anuuiu - ha nnf iniiftd. "There exists a demand for a third party ticket In thia county and I am satisnea the great majority of those members of the party who are not playing poli tics desire to give their support to m. -1-1.. tb all rterht to bOOSt for the head of the ticket, but the Dirty will be strengmeneu . n. .- a TUU uci in If the movement is not launched be fore, the contention for a third party ...i .., win h threshed out again when the members of the new party in Mulf.nomah County meet subsequent to the Chicago convention for the purpose of effecting a county organization and selecting a member . . J rAmmlttML au- or me ow v. c . . thorized by the recent state conven- tl0JUl. a. - xc ackerson have renewed their effort, to Induce him to become the canaiaaie u "i in Cnnsrresa from I or nr pi coou ... . . - . - this district In opposition to Represen- rr-1. n Hfr-r'll.lrar IBd tative wnerij, 1L Q. Muniy. ik.na ! Consider!. "I have the matter under considera tion." admitted Mr. Ackerson. yester day "but I do not Intend to do any thing that will In any way Interfere . . . n. th. haA of the ticket. As to a third ticket. I favor bringing out third party caooioaxe. In opposition w rcry " Republican ticket who was not a sup- 1 DAn..iit in the nrimary pur le i ul "U"JL ; , - campaign. In the contest preceding the April primary election, both Mr.Laf- Terty ana jir. iticuaiv 1 1 Follette while Mr. Muniy received the nomination irom me utm".. 1 ne xaci inai i-a ii . . . . -- --- dorsed Roosevelt and the third party . ..H.f.. Arkerson's friends. noei ii " i " -" . who point to Laffertys active support t . rnii.rt when Ackerson wa .hi-- h. onnid for Roose velt. Their argument Is that Ackerson Is the original Simon-pure Roosevelt supporter of the group that Is seeking election to Congress from this dis trict and tney expect iu . . a th nrortrr canal- niB rwBul,,v" - r . date when the time arrives to P'ce third party nnoiiuin INCREASE THIS YEAR SMALL Portland Railway Ticket Validations Fewer Than Expected. n...tv!fnv the records of the Portland validating office for trans- iniai niiiiwnr tickets will -l i i anv Increase for this year over the season of 1911. in spite of the numerous special niuai-i.uuo held here within the present season. This is not because the local events failed to attract passengers, but be cause the tickets "broke" on other cities. Nearly all the Eastern travel ers who attended the Elks- National convention went either through Seattle or San Francisco on their return Jour ney and had their tickets validated In that one of those two cities through which they passed. , Even many of those who did not visit the Sound or California did not have their tickets validated in Port land. If they went to Astoria. Seaside or the other beach resorts, they were required to have their tickets vali dated there. . , . Another condition that reduced the number of validations In the Portland office was the order issued a few weeks before the Elks' reunion, that tickets from Montana. Idaho, Utah and parts of Colorado and Wyoming would not require validation. This action wss taken on account of the heavy travel from those states to the con vention. Had validations been re quired the local offices would have been deluged with business. Tickets purchased In Oregon. Washington and California did not require validation, because they are not governed by the Transcontinental Passenger Assocla- '2.fl Iknnnnlll of tourists Visited the local offices to ask questions, probably less than 1000 had their tick ets validated here during the Elks reunion period. TOTS TO TAKE MORE RIDES Mayor's Automobile Offered for Lit tie Ones In Hospital. Further outings for the little ones who have had to pass long weary hours In the hospital may take place as the result of the happy time that four of them had last Saturday through the kindness of Pr. K. E. Cable. After they had returned with fresh air in their lungs, a glow upon their cheeks and that Indescribable air of having had a good time. Miss Emily Loverldge. superintendent of the Good Samaritan hospital, ventured the remark that she could supply unlimited opportunities like that of tasting pure, unalloyed pleasure. - When Informed that an attempt was to be made to provide further trips for the tots. Mayor Rushlight, through his secretary. George K. McCord. re plied: "Well, that's a real good thing. Anything I can do to help to make the little ones happy V Then he thought a moment. "Say. our automobiles are not busv Saturday afternoons. If there's another party of youngsters who've not experienced the delights of an automobile ride and who've been shut up In a hospital these Summer days. why. thev shall have a trip or two. You can count on my car." Rosenthal ! shoe sale now on. uldn CI The Victrola will add to your vacation pleas ures. Canoeing and yachting have an added charm when there is a Victrola on board- music sounds unusually sweet on the water. Q In your Summer home, at the seashore or mountains, out on the lawnanywhere and everywhere, the Victrola is the ideal companion and entertainer. Nothing could be more enjoyable you can hear the world's greatest bands, orchestras, or vocalists Q We have a Victrola for you at whatever price you want to pay. Call at our Victor Department today and hear the various styles and let us show you how easy it is to own one. fl Any Victrola sold on easy terms. Steinway and Other Pianos gig PstlftUjsUrKtqKmilito MYERS CASE ENOS Supreme Court Refuses Peti tion for Rehearing. TWO JUSTICES DISSENT In His Opinion Judge McBrldo Vig orously rpholda Right ot Jury Trial - Other Decisions Handed Down. PAL.EM. Or, July 30. (Special.) Holding; that the case of Georgia Frances Stevens versus George Tobias Myers. Jr.. commonly known as tne .m -.n In the nature of a suit In equity and that as a result neither party, as a matter of right. could demana a jury iruu. preme Court, in an opinion by Justice r.. tnAav HnlAii A netltlon fOT rebearlngc. adhering- to Its former opin ion, which reversed me oectra " county and circuit courts where the in - n.if.ii in miestlon were set aside. Justice McBrlde and Justice Bean dissented. On rehearing, the contention was strongly brought out that the propo- . t FBanni),fpiit Oc.oree Tobias Myers. Jr., was entitled to a Jury trial under the provision of the Constitution that "In all civil cases the right of trial by Jury shall remain inviolate. .1 that thin case In aues i L w i (i - - tion was a rlvll case and the trial by Jury could be demanded. Justice Burnett, in an extensive opin ion which carefully goes Into the hls- . M .kl V. n n. nf til a law in OTMOll. lory oi lino y 1 - from the beginning of the territorial . . tt th nresent day. holds that in the case In question, the Constitutional provision broad as to be applicable. rti...i.fuv nntnloa VlKoroas. t . VflDriii. fn his dissenting .JUBLlt-C 1'. ... i i v, i v. i- i-nnrurred In by Jus tlce Bean, declares that he regards It as established by the great weight of authority that when the framers of the Constitution used the language. "In all civil cases the right or iriai oy ju., shall remain inviolate." "they meant . L -. trial hv lurV. which was then in existence and which had been In existence for years, and which had been tried and found satisfactory, -i .i ..Main intnit Tt seems to me that this Is unquestionably settled by the decisions of this court ana mm n. mav be regarded as stare decisis. .naaltlnir rns in the COUrtS IJ 1 ICVl. 1 . - t. . are divided Into two classes, civil ana criminal, and the term "civil case, as v. .. 1. with the Intent to Include .11 ..nMMiinn not criminal, as the ." -.. nlH.fl for In the Constitution. It will be noticed that the word "case" Is used, not "suit" or "action." which are terms of narrower signification. "It Is also suggested and with uracil -i tv.nK thAt as the trial by Jury In these cases has not been generally recognlaed In tms staie inc adoption of the Constitution, this clr- rm-nishea a strong argument against the claim of the petitioner in the case at bar. I have never heard either of Its being demanded or refused v.fiiie-h u these things may have occurred. It may be true, and no doubt Is. that the provisions of tne .U,.Hnn mnA laWA. Which in my Judgment give such right In cases of this kind, have ' been overlooked but though the law hath slept. It la not OTMai Ip Morrison at . dead.' and the right of trial by Jury Is one so precious, bo vital, to the pres ervation of our liberties that we can well afford to search a ll.'Ue to find It. evon to th. extent of raking over the dead ashes of the past SO years. It is a coal from the altar of liberty and we Bhould rather blow ll into a uwno than seek to extinguish It. . The cause should be re-tried by a Jury." Other cases decided by the Supreme Court today were as follows: Fred Dom. aammlsirator or mf wai. L. K. Dose, deceased, appellant, vs. R. R- Beattle. Sheriff of Clackamas County, re SDOndent: appealed from Clackamas County: J. U. Campbell, Judge. On reheaxlns, for mer oplrlon adhered to. Oplnton written Dy C'.iief Justice Eakln. John Kopacln, respondent, vs. Crown Co lombia Pulp & Paper Company, appellant; appealed from Clackamas County; J. U. Campbeil. Judge. Affirmed In an opinion by Justice Bean. This is an action for .Mnnai tni- in tt-htrh the Dlaintiff re covered 19B In the lower court. Henry Cerrano, administrator oi in- ra tate of Ceaare Cerrano, deceased, appellant, v. vnrtlsnri Railway. Lliht Power Com pany, reipondent; appealed from Multnomah County; jonn a. tieianu. j uusi In an opinion by Justice Burnett. This Is an action to recover damages for the death of - . I j -l. 1 1 whn hn.Url intn A IttrAet- cu operated by the defendant company. In the lower court imams we i fendant cor pany. The Supreme Court held that there was no negligence on the part of the company; that the doctrine ot tne "last clear chance'" would not apply, and that negligence may not be Imputed from accident where there Is no time or oppor tunity in wntcr to avert tno E. T. Rehfleld, respondent, vs. L. S. win ters, appellant: appealed from Multnomah County. Affirmed In an opinion by Justice Bean. This IB an action tor aauiasca, plaintiff recovering J738.29. Little Walla Walla Irrigation Company and iO others, plaintiffs, appellants ana cress-respondents, vs. Finis Irrigation win duv and -400 others, defendants and re spondents, of which 50 are also cross-ap pellants; appeaieo irom - i . . i rw iwh.nHntf Chief Henry J octm, 1 Justice Eakln writing the opinion, former opinion Is adhered to with corrections made In decrse. . . Florence L. BBerroa. appellant, v.. uu i Baker, reipondent; appealed from Baker Countv: William Smith. Judge. Opinion of the lower court modified In opinion by Jus tice Burnett. This was a suit to determine water rights and the decree ot the lower our: Is modified to quiet the title of the city to the water of Goodrich Creek to the extent of 40C Inches, miners- measurement, with a six-inch pressure, suoject to rum "i i' tlff to use the same to ths extent of the . - i w V,- ih. StntA F.n - permission gramc. i glneer until such time as the city completes Its pipelines ana is iu .Ui... - water for tne use oi n i-ii.i."a. Arthur P. Williams e. al., respondents. vs A C. Burdlck ft Co.. appellant; ap pealed from Multnomah County; John P. Kavanaugn. juuge. ... - by Justice Moore. This Is an action to recover damages for the breach of an al leged agreement a to the sale of prunes. STOCK SHOW LURES MANY Breeders and Dairymen From AH Parts Drawn to Undertaking. Inquiries from dairymen and breed ers of dairy stock in all parts of the t:.ii.j statas are being received by D. O. Lively, requesting Information about the pacific international uairy snow, iiw in i.A Aalfl In PnrMfiTiH Novem ber 18 to 23. The majority of Easterners sending inquiries are men wno are in terested in the sales of dairy stock which will be one of the Important fea tures fit the show. Th nremium list for the show Is al- readv completed and copies will be mailed todav to dairymen and stock ral.ers In all parts of the United A second meeting of the finance com mittee will be held this morning in the offices of Chairman T. S. Townsend. fi.nh.r t-nnslriorAtlon of the Dlan8 for the show. Premiums aggregating J6000 are to be offered for exnioits in the show. Hotel Gearhart "By-the-Sea." More popular than ever the best .of everything the market affords, sea foods a specialty. Reservations taken at 100i Fourth street Sixth LOG RATE CASE UP Sumpter Valley Road Appears in Hearing at Baker. DISCREPANCIES ARE SHOWN Railroad Commission Is Asked to Fix Forty Cents Hundred Tarirr ' Against One Much longer at This Time. BAKER, Or July SO. (Special.) The Sumpter Valley log rate case opened In the City Hall this afternoon. State Commissioners Altchison, Camp bell and Miller conducting the hear ing. Frank McCune represented the Baker Commercial Club, Robert Serv ice his own counter-complaint, and John L. Rand, David Eccles, N. K. West and Joseph Barton, in attendance for the Sumpter Valley road. W. C. tia Ano-inaar with the State Rall- road Commission, was tne iirst wimea. . . .A v,a ftnHii.tnrn renorts ana kduiicu w n.w j, to show the number of cars handled per engine. Chairman Aitcnison uu gave a report of tne nnaings in iu nnnv lust Aorll. which took up prac- tlcally all of the session. This report snows a numoer ui with th tARtlmonv as given on the witness stand at different times. One of these was the charging of an account to the maintenance IVUVII 1 k . --- i .hnnlil havA heen on anotner account. The plaintiffs for their part will be held up in tneir prmtcuu nf th.ir suit untiKthls is revealed, as they have already offered all their ICDltlUUIlJ. In the former hearing tney snowea the company, according to Its sworn : 3 k. .1 .a,li.tAH .a h 11 Sji H HR of BVIQCIIW, about 70,000 pounds of freight when It actually amountea to nearly amount for one year. At that hearing they asked the commission for the establishment of a 40 cents a hundred log rats as againBt one several times that amount now. This will be their contention this time. nw ...imin.Hnn. nf the agitation over the letting of a contract for city ihto .am this afternoon when the cnmmlssioners decided to throw the matter open lor Dias. im i wafa rnnnMprlllE a fiVO Illir Ol'Hir . o mf with th. Eastern Oregon jrcai ' . , i iirht Power Company when tne people began to ask why. after they at itaisH more than a year ago to KcrKllnv nlnnt t"fc3 nave a uiuun.ia r city wanted such a long contract even if it did have a clause allowing can ..ll.llnn whan tha nlant was built. t-i.b main miantinn was vhat haS become of the municipal light plant. The Eagle River Electric Power Com-on- which is entering the city, then a.u.ri tn be allowed to bid. saying It wnniH furnish Dower cheaper wheu .w. la October 1. Th II1M KWUHIOUJ . , commissioners today decided to throw the matter of a two-year contract open to bids, service to begin Octo ber 1. St. Johns Citizens Get Water. ST. JOHNS; Or.. July 30. (Special.) f.. T i n:.. r-nmnnnv till hePH x ne DU J"ua . . n, . . ..... , ..j busily engaged in furnishing water to the patrons along central avenue, n anticipated the move of Judge Gatens In issuing a mandamas by starting work before it was issued. The com pany asserts that the City Attorney had Any Victor dealer in any city in the world will gladly play any music you wish to hear. Victor-Victrolas t $15 to $200 Victors, $10 to $100 Victor Talking Machine Company Camden, N. J. m m m sent It a communication, stating that unless water was furnished within 24 hours, the city would notify the con tractors on the street to repair and lower the pipes at the water company's expense. Instead of adopting tnis course, the City Attorney sought re lief through the courts. The patrons along the street are now receiving water as usual. SALEM FIREMAN RESIGNS Action Follows Fight With Chief Savage at Fire. Bii.rar. Or Julv to. (Special) niav-a -Ratv i-aiomftd & a fireman last night, submitting his resignation to the City Council, and It was accepieu. His resignation grew out of a fight a few nights ago between Beck and Mark Savage, chief of the fire depart ment. The department had been called . a-rtlno-lllnh A Small II TC i l.naa TlOTTl. Anil afterl manipuiatiiis " passing an uncompumenuiij i the chief. It is anegea, iur stream in the chiefs face. At that the chief knocked him down. Peter Graber, an old-time fireman. also resigned tonight tnrougn tm pathy for Beck. ishing v Hop (G I K Ml ' J. Victor-Mctrola XVI, $200 Mahogany or quartered oak Morrison at Sixth ROSEBURG CASE HOLDS jrDGB OVERRITLES MOTION TO QUASH I2TDICTMEXTS. Brewery Company Directors' Motion Does Xot State Sufficient Rea sons to Annul, He Says. ROBEBURGw Or, July 30. (Special.) Holding that the motion did-not state sufficient reasons under the statutes to annul the indictments, and even if it did it would be set at naught by an affidavit of the foreman of the grand Jury to the effect that the Indictees were not called before the Jury to tes tify In the Inquiry In which they were defendants, as Individuals, Judge Ham ilton late Monday ovemima u ...... to quash the Indictments charging five directors of the Roseburg Brewing & Ice Company with violating the local option laws. Following disposition of the motion. Attorney Hermann presented a demur rer to tne complaint meu 6o....a,. brewery. Oscar nimnc mt...c.. There's more food value in a pint bottle of Hop Gold Beer than there is in a pound of some of the so-called "health foods." If you don't be lieve it compare the bounding health and red cheeks of those who drink. with some of the health food cranks and judge for yourself. The purest of water the richest and best malt and the best hops in the world give Hop Gold a peculiarly distinctive flavor and quality. Your dealer will be glad to supply you. 7 13 St Apollo and Other Player Pianos Joseph Heidenrich. deliveryman in this demurrer ne raiocu m to the legality of making the corpora tion liable for acts of its agents. in passing on the demurrer Judge Hamilton held that it was a well-estab-Hshed fact that a sale by an agent equivalent to ""' " J , r, . , . regardless of whether the principal has knowledge oi tne sai. lar case at issue the directors of the brewery are na iiiu.e.. - -der the definition of the law applicable to the case and are cnminnnj Judge Hamilton set the cases of the brewery. Its directors and agents for September 2. It Is said that the case will be carried to the United States Supreme Court by the defendants. Picture Theater Burns. DUFUR, Or., July 30. (Special.) The Princess Theater was partly de stroyed last night by fire which caught when the moving-picture machine ex ploded. For a time a large part of the business portion of Dufur was In dan ger, but the efficient work of the Are department confined the Are to the the ater building. At thetime of the ex plosion of the machine there was an audience in the theater, but no one was Injured except. vl- I.-., 14 Emmons, who escaped with difficulty. and wa burned consiaeraoiy. Star Brewery (Northern Brewing; Company) PORTLAND - VANCOUVER