Image provided by: University of Oregon Libraries; Eugene, OR
About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 3, 1913)
7 T for Mayor llvd !n Ward 1. and the wet and dry contest was "bitter there. FELLOW SERVANT TERM IS DEFINED Curtis Chance and LJoyd IViwn, of Hart Schaffner & Marx Suits and Overcoats The World-Renowned Make Acate Bt'arh. three miles north of here, were arrested hero today by Sheriff TO GET SALEM CASE (wr on a warrant issued by Prose cuting Attorney Stewart, of Toledo charging them with voting illegally in the Newport" city election November 1. This makes three arrests on that charge, Herman Webber having been arrested two weeks ago, Both men were sworn In when they Prohibitionists and Liquor In terests to Lock Horns on ( Election Issue. voted. Chance has the contract to carry Such Defense Held Good Only When Involved Parties Are Employed in Common. the mall from Newport to Agate Beach. lown, his stepson. Is his driver. Both claim that carrying from Newport al lowed them to call Newport their resi dence. They have lived In Lincoln County 1 months. OFF! Attorney Stewart is an appointee of Governor est, and since Newport was voted "wet" against Governor West's. HEARING THIS AFTERNOON EFFECT IS FAR-REACHING TTTF. MORNING OftEGOXIAX, WEDXF.SDAY, DECE3IBER 3, 1913. HIGHEST R1BUNAL AT A Move by Salem Brewery Asportation to Knjoln Capital City Authorities From Issuing Order Itcsults In Immediate Argument. SALEM, Or Dec. 2. (Special.) That the fight between the prohibition ists and the liquor interests of this city soon will reach the Supremo Court was indicated today when Circuit Judge Galloway announced that he would hear arguments tomorrow afternoon on an application of the Siltm Brew ery Association to enjoin the city au thorities from issuing an order declar ing the result of the election yesterday, and render an opinion at one The plaintiff filed a supplemental complaint declaring the election ille gal because approximately half of the persons who voted had registered un der the permanent registration law and were not sworn In. It aak.-d that the ordinance of the City Council, pro viding that persona registered under that law had only to show their cer tificates of registration to be allowed to vote, be declared void. The permanent registration law. it was contended, having been declared - Illegal by the Supreme Court, the City Council had no right to say that per sons registered under Its provisions could vote without having their votes worn in. The filing of the supplemental com plaint was objected to upon the ground that It bad nc connection with the original complalr.t of the brewery, ' filed more than a week ago in which the court was asked to enjoin the city authorities from holding the election on the ground that It could only be held at the time of a regular general or regular city election. Judge Gallo way, however, allowed the complaint to be filed. It also is expected that the "drys" will appeal from the decis ion of Judge Galloway that the local option election of November is Illegal because not held at the proper time. A lively debate was precipitated at the meeting of the City Council tonight when Councilman Minton tendered a resolution providing that the city em ploy I. II. Van Winkle and W. H. Trindle. Salem lawyers, to assist City Attorney Page in connection with the court fight against the liquor element. Several Councilmen objected vigor ously to the employment of the law yers without a stipulation as to what the retainers would be. It was also suggested that the courtesy should be shown Mr. Page of suggesting the law yers ho desired to assist him. The City Attorney would gladly ac cept assistance, but did not know whether he could do bis best work In collaboration with Mr. Trindle, as they had been pitted against each other In a bond issue fight, which had been won by the city, and he bad learned Mr. Trindle was the Instigator of a petition recently for the recall of himself. He, however, would: be glad to have Mr. Van Winkle as an associate, he said. The Council refused an application to renew the licenses of the saloons. All of them were closed today, and one prominent saloonkeeper sold his stock at one-quarter of Us wholesale cost to a Portland dealer. desire Stewart has been active In trac ing the credentials of voters. LKBAXOV VOTKS NEW CIIAICTER A. E. Zioliijr Named Major for Pro gressive Administration. LEBANON, Or.. Dec. I. (Special.) At the city election Monday the fol lowing officers were elected: A. K. Ziestnd, Mayor: Helen V. Crawford. Re corder; It. Wayne Greene. Treasurer; W. G. Amos. A. W. Blackburn and K. K. Taylor. Councilmen. L M. Cranda.ll, who has served continuously as a mem ber of the City Council for the past 10 years, was defeated by one vote by Mr. Blackburn, the lowest of the three elected. Supreme Court Utiles Girl Employe Killed In Paeirlc Monthly Ele vator Was Passenger Dam age Chm Ordered Ketricd. SAL KM. Or Dee. 2. (Special) The Supreme Court today In the case of Myrtle Putnam, administratrix, against the Pacific Monthly Company, of Port- Th new rharl.r uaa ailnntnl hv the land, gave a new definition to the narrow margin of seven votes out of a terra "fellow servant." which will have TWO OFFICIALS ELECTED IN OREGON TOWNS MONDAY as . ' : r.'" & v " i. - ... . V - A .Art VI : l '4 Joseph Bridge, Mayor of Oaklaad S. Stlcha. Recorder of Selet. total number of S38 votes casL The business interest of the city generally and those who favor progress in the city were the supporters of the char ter, including the retiring Council. There were 20 women who voted. being Just two-fifths of the total num ber of voters. OAKLAND KE-ELECTS BRIDGES Prominent Livestock Dealer Named Major for Third Time. WOMAN IS ELECTED MAYOR Continued From Flrnt Pse. o'clock this morning. The official can. vass of the returns was made this forenoon and the complete official vote follows: For Mayor, L. M. Curl (Ind.), 709: W. S. Richards (Sot), 650. For City Re corder. F. E. Van Tassel (Ind.), fSl; B. M. Fayne (Ind., 519; M. F. Hayes (.-ioc.). 120. For Chief of Police, An thony Austin (Ind.), 632; Fred L. Rie (Ind.), 496: Thomas Cummings, (Ind.), 198; J. K. Davis (Soc.), 9. For Treas urer. Harry B. Cusick (Ind.), 1130; Ed ward C. Krause (Soc.). 142. For Coun cilman. First Ward. F. 1L Pfeiffer (Ind.). 301; K. V. Smith (Soc.). . For Councilman. Second Ward, M. J. Cam eron (Ind.). :SS; J. Creamer (Soc.). 47. For Councilman. Third Ward. Henry W. McKlmurry (Ind.). 134: Henry Lyons (Ind.). 1S8; J. D. Bryant (Soc), 131. A total of 1313 votes was cast In yes terday's election. Many women took a keen Interest In the election and It Is estimated that about 35 per cent of the vote was cast by women. Several women served successfully on the elec tion boards. In the First Ward the majority of the board were women. Mrs. T. G. Hopkins being a judge and Mrs. F. K. Van Tassel and Miss Cassie II. Thompson clerks. In the Second Ward Miss Flora Mason and Mrs. J. J. Collins were clerks, and in the Third Ward Mrs. X. D. Conn was a Judge. CASTLE ROCK ELECTS rOIR Town Ticket Wins Over Boosters, on Which Card Kan Woman. CASTLE KOCK. Wash, Dec. 2. (Spe cial.) The town election held here to tiay passed off quietly, as the two tick t in the field were dry, the "wets" Iiot having nominated one The town ticket won. consisting of H. E. Searls. G. L. Duland and C. X. i Fowler, tor Councilmen, and E. L. Drew lor Treasurer. The Mayor and other oliiclals held over. The Boosters' ticket, which lost, con sists of the following persons: For Councilmen. Mrs. L. L. Cobb. .Messrs. C. M. Merchant and Zach Stevens. For Treasurer. E. E. Manseil, the incum bent, who was renominated, was an other loser. All the persons elected are In favor of a dry town. HARKED BALLOTS ARE FOVXD The Oregonlan Agent at Xew-port Ex poses Trick at Polls. -NEWPORT. Or.. Dec. 2. (Special.) George F. Sylvester. The Oregonian agent at Newport, exposed a trick be ing played at the polls in Ward No. 1 yesterday when he discovered the bal lots being marked below the stubs so that they might be Identified later. About 20 marked votes had been cast when Sylvester arrived, noticed the irregularity and forced the proper method to be used. Those serving on the board were C. R. Qulnn. R. H. Macdonald, K. W. Durkee. Mrs. Stella B. Smith and Miss Helen Anderson. Macdonald, who was a clerk and wrote the numbers, said that he was obeying instructions of Uuinn and Durkee. Both candidates! OAKLAND, Or, Dec. 2. (SpeclaL) At the city election held here Mon day Joe Bridges, Joint proprietor of 'Bridges Brothers' store and one of the tlargest livestock .dealers, in the coun ty, was elected Mayor the third con secutive time, and by acclamation. Mayor Bridges has favored city im provements and during his second ad ministration 120,000 worth of pavement has gone in, and the city light and sewer systems have been imrroved. C. A McXabb and Ralph Steari.s were re-elected Councilmen and Charles Medley, Treasurer. The new men chosen were: Vergil Smith, Marshal, and J. Hamilton Smith, Recorder. DRY" CAt'SE ELECTION ISSUE Harrlsbnrg Contest Between Liquor and Prohibition Forces. HARRISBURG. Or, Dec. 2. (Spe cial.) The city election to be held here December 8 Is attracting as much at tention as did the "wet" and "dry" fight last month. Each side has a full ticket In the field and the contest is warm. The Women's Christian Temperance Union and the I -aw and Order League have Indorsed the following, known as the "dry." ticket: 11. K. Burton, for Mayor; J. J. Cramer. Recorder: A. J Hill. Marshal; J. B. Littler. Treasurer; R. C Shisler. Frank Demsey, W. E. E11I ott, Councilmen. Tim other ticket Is: For Mayor. Rex W. Davis; Recorder, T. J. Anderson; Treasurer, Damon Smith: Marshal, T. J Stevens: Councilmen, Thomas Sum mervllle, G. O. Gorham and Vivian Cartwrlght- JCDGE DENIES IXJl-XCTIOX Morrow Refuses to Enjoin Trout dale Mayor and Council. I -a st week Judge Morrow refused to grant an order enjoining the Mayor and Councilmen at Troutdale from erecting a new City Hail building at a cost of I.'.UOO. Aaron Fox, a large property owner, brought suit, alleging that the income of t'.ie municipality was so small that an expenditure of IS000 for a City Hall would be unwarranted. After hearing much testimony. Judge Morrow refused to Interfere with the officials In making contracts for the erection of the building which they had decided should be erected. The con tract for the foundation work has al ready been let. It Is said. GRESHAM WOMEN OUT TO VOTE Out or 106 Total Registration, 37t Ballots Cast at Election. GRESHAM. Or.. Dec. I. (Special.) George K. Honey. Joseph Patenaude and Ray H. Cobb were elected Council men at the election today, receiving 197, 197 and 196 votes, respectively. Patenaude was re-elected, the other two successCul candidates, however, be ing new men. James McKlnney was elected Marshal In a race against twp other candidate for the office. He se cured 179 votes.' The women were active in the elec tion as they had been previously in the campaign and out of a total regis, tration of 405, 379 ballots were cast. Fred It. Reals Elected Mayor. TILLAMOOK. Or, Dec. 2. (Special.) Fred R. Beals was elected Mayor of Tillamook yesterday. POSTAL TESTS TO BE HELD Torms of Postmaster In Oregon, Vdalio and Washington Expire. OREGONIAN Ne"Y3 BUREAU. Wash ington. Dec. 2. Terms of the following fourth-class postmatters expire in De cember, and civil service examinations will be held to pick successors: Oregon Ada, Bonieville, Dairy and Norton s. i Washington J Deep Creek. Green Acres. Irby, Moi:r.t Hope. Standard and Wilson. I ldabu Elba, tjea aad Sharon. a far-reachelng effect amons employ ers and employes of the state. The rul ing says the "fellow-servant" defense only applies In rases where persons are Injured or killed as the result of negligence on the part of a person "engaged In the same common employ ment." Chief Justice McBrlde wrote the opinion. Justices McNary, Bean. Eakln and Ramsey concurring, and Justices Moore and Burnett dissenting. The court at the first hearing re versed a verdict of $7600 for the plain tiff on the ground that the trial Judge erred in not sustaning a motion for non-suit. The majority opinion to day orders the case remanded for re trial. Mabel Putnam, a daughter of the plaintiff, and a stenographer in the employ of the defendant company, was killed while riding In Its elevator, it is charged, as the result of negligence on the part of the conductor of the cage. Itelatioa Is Coateaded. The defense was that the conductor and the victim oi the accident were fellow servants. "We are of the opinion that under the circumstances here disclosed,' says the majority opinion, "the de ceased was as much a passenger any other person using the elevator. and that the degree of care due her was Just the same that defendant owed to any person not In Its employ. wno might nave seen fit to use it in order to transact business with the defendant. "The definition of the term "fellow servant has gradually undergono change In favor of the employe and the doctrine of the assumption of risk and negligence of fellow servant has been placed upon a decent and logical basis. The rule as to who are fellow servants, when reduced to Its lowest terms, may be stated as follows: "The master Is not responsible for an In Jury Inflicted upon his servant by the negligence of a fellow servant en Raged . In the same common employ raent'." Justice Burnett. In his dissenting opinion, notes mat Miss Putnam and the elevator conductor were fellow servants under the usual construction or the law. Damage halts Reversed. Other decisions follow: lvtr H. Edlfsnn vs. Pnrtlnml Killwav. I.'lhl Power Company, appellant: kPDealad trura stuitDoman: sun lor damages Xur pr. unal injurlra, rvrsed. It. fc Baker va. K. 1'. Seaward. aDDellant. appealed frum Malheur; action for munay. amrmeu. Jamea A- Cobb et at. vs. J. Peters et al.. appellants, appealed from Multnomah; ac tion ror money, rearsed. Itirla Kaamuaavn va. Walker Wirfhouu Company et al.. appellants, appaalad frum Cuua; full to quiet title, affirmed. J. t. Kronenbere va. Walker WiMniii, Company, appellant, appealed from Coos: suit to enjoin defendant from constructing' I'uiiuina, amrmeu. Bertha J. lioatrisht v. Portland Railway. .Isht t Power I'omoany. KuDtillar.i u. pealed from Multnomah: suit for damaaea fur personal Injuries, reveraed. 8ommer-i Squires va. Modern Brotherhood of Ar.rlra, appellant, apnea led from Mult. nomab: suit (or colleutlou on Inauranca pol icy, rerereod and remanded for new trial. lcvald Anderson va. Meier a Frank Com pany, appellant, appealed from Multnomah; ault for damages lor personal Injuries af firmed. Wet Chore Lumber Compat.y, appellant, va. o. W. Hollentiock. appealed from Co lumbia: ault to rorecloae a lien, affirmed. Kloyd Murphy va. William K. Deal et al., appallanla. appealed from Multnomah; In volving a deed to properly, affirmed. 1. K. McCann va. H. C burns at aL. ap paKanta. appealed from Uullnumah; motion to ulamiaa appeal, overruled. SUICIDE TEMPTS WOMAN Mrs. V. V? Sntton, of Rohcburjf, Now In Critical Condition. ROSEBURG, Or.. Dec. I. (Special.) Despondent because of unhuppy do mestlu relations, Mrs. V. V. Sutton at tempted to commit suicide last night by taking bichloride of mercury. Sue was removed to a local hospital and lute tonight was reported in a pre carious condition. Neither Mr. Sutton nor the attending physician would talk regarding the affair. Mrs. Sutton Is about 30 years old. Her husband In employed by the Southern Pacific Company. This, the greatest clothing sale in the history of Portland and vicinity, in cludes every Fancy Suit or Overcoat in the store. Hundreds have taken advantage of these genuine reductions. There's plenty yet to choose from. Every style, every fabric and a guarantee of all wool or wool and silk, is the foundation this great sale is based on. These Prices Are Genuine Reductions: Mil $30.00 Hart Schaffner & Marx Suits or Overcoats $22.50 $35.00 Hart Schaffner & COCi OK Marx Suits or Overcoats $20.00 nart Schaffner & M A QFC Marx Suits or Overcoats P-LTe UU $25.00 Hart Schaffner & flJIO rrr Marx Suits or Overcoats tP-LO. I ) $40.00 Hart Schaffner & (jnQ QC Marx Suits or Overcoats 0 15 OFF on all Blues, Blacks, Full Dress, Tuxedos and Kaincoats 15 Off The Greatest Mid-Season Sale of Underwear, Shirts and Sweaters OtfTitt Bait crr Me Marx ALL BATH KOBES One -Fourth Off MEN'S FLANNEL SHIRTS REDUCED Regular and $1.50 Flannel $2.00 $2.50 $3.00 $3.50 $5.00 Flannel Flannel Flannel Flannel Flannel Military Shirts.. Shirts. . Shirts. , Shirts.. Shirts. . Shirts. . Collars .S1.15 .$1.50 .$1.85 .$2.65 .$3.75 $1.50 Shirts, Rosen blatt label $1.05 The Greatest Mid-Season Sale -f Men's Fine Underwear .50 Cooper's and Winstead Underwear, garment S1.03 Norfolk and New Brunswick Underw'r, garaTt, SI. 33 .50 Cooper Silk and Wool Underwear, garment, SI. 85 .50 Athletic-Neck Underw'r, silk and wool, par., SI. S3 00 U. & M. Silk and. Lisle Underwear, garment, $2.25 German Silk and AVool Underwear, garment, $2.75 Globe, Cooper's, White Cat, Superior and G. & M. Union Suits. .50 Union Suits, sale price S1.03 .00 Union Suits, gale price SI. 33 .50 Union Suits, sale price SI. S3 .00 Union Suits sale price S2.25 .00 Union Suits, sale price S2.75 .00 Union Suits, sale price S3. 75 .00 Union Suits, sale price ...S4.50 ALL SMOKING JACKETS One -Fourth Off HUFF-NECK SWEATERS Jumbo and Shaker Knits REDUCED $6.35 $5.25 $3.75 $2.60 $1.75 .fS.50 Jumbo Kuff Necks $7 Jumbo and Shaker Knits Jumbo and Sliaker Knits $a.-0 Shaker Knits at .?:l.00 V-Neck Sweaters at $2 Shirts. Rosenblatt (PI OZ label P.00 Qnvvx'l PAfiA-nkloff jPr r The Men's Shop for Quality and Service OdlH 1 JAUbtJIlUlclUl 06 UU., Northwest Corner Third and Morrison 'DRY' SLEUTHS FACE BAN PROPOSED PEXDl,ETO.' ORDI.A.CIS HAKES BUYERS LIABLE Caaan mm Made Will Prerrat Obtaia laaT Evldeace Ajralaat Vlolatsra f Saadar Clralaa; Law. PEXDLETOX. Or, Dec. I. (Spe cial.) If an ordlance Introduced at the last 'session of the Council Is adopted tomorrow night. It may play an Im portant part toward blocking; any fu ture attempt to procure evidence In this city agalnt violators of the liquor regulations. Tbe ordinance makes It a mlademeanor for a patron to ask for a drink on Sunday, or after cloning hours and provides the same punlah ment as for the liquor dealer. L'nder these circumstances It Is said that per sons Deing known would have no trouble In procuring- drinks, while an outsider who asked for a drink would be liable to arrest for violating- the ordinance. While it Is not openly charged, some are of the opinion that tbe ordinance was Introduced to prevent asrenta of the Governor or anybody else obtaining evidence upon which to prosecute liquor-law violators. 1100. to be placed In the firemen's re lief and pension fund. GRATIS MAYOR IS WANTED Citizens of Med ford Propose Election to Change Cliarter. JIEDFORD. Or.. Dec 2. (Special.) Citizens of Sledford. exasperated at the apparent extravagance obtaining in municipal affairs, bavo Initiated a charter amendment to be submitted at the city election January 13 and are circulating petitions for signatures to an act to amend section IS. taklnir the salaries off the Mayor and the Council. The act not only prohibits the draw Ira; of salaries, but follows the present charter and prohibits Councilmen from selling supplies to t!ie city and makes violation malfeasance, punishable by removal from office. Circulators of the petition aver that the present salaries of $25 per month for Councilmen and $75 per month for Mayor are too small to attract pood men and are too large for poor men. It is believed a feeling of civic priJe will Impel more capable men to serve gratis. Alva Monger Is Sought. Alva Monpt-r, of Tacoma. Is beinx sought by the police, who received a telegram yesterday from J. VV. Monger, of the lui;ct Sound city, saying that "Koy." a relative, had died. Five scats In Parliament are held by the lalmr party In South Afrira. Firemen's Fund Swelled. As a Thanksgiving present to mem bers of the Are department Henry Wagner, of the Welnhard Brewing Company, yesterday sent In a check for Beneath Your Fat a Graceful figure Dwells ' Floral Society to Meet. The Portland Floral Society will meet Saturday. December 6. at f P. M.. In rooms on the fifth floor of the Masonic Temple. West Park and Yamhill streets. After the regular order of business the meeting will be In charge of the ex hibition committee, whose members will serve a banquet to the members of the society in the banquet room. AtaS How would yon ITke. some day, to ttni your ewa slim self, emerging from tbe pada and rolls of fat that have gathered! on chest, hips, waist, chin, cbeeka, and Back, covering op and distorting thm UUia. graceful furure beneatbT Then leara thta well. To remove or prevent these trowel enme deposits control their quantity and location without paying the price of vio lent exercise, dieting, aetf-denlala or Im pairment of health : Tn abort, to And one's ewa slim self beneath the fatty sheath has been made possible by a noted physi cian, whose Marmola Prescription helped thousands of over-fat men and women to reduce safely and sorely from 10 to t ounces per day ontll the natural health of the system la restored and slimnesa re sults, afarmota Prescription Tablets, the new form of this greet remedy, each con tain an exact dose of the famous Marmous Prescription. LJke the original prescrip tion, they are absolutely sure and harm loss. Nearly every druggist keeps thee wonderful little tablets, or they may be secured direct by mall from the laararoaa Co.. Fanner Bid-.. Detroit. MTch. Tto fog f sWTs esse is Um Bsitorm $fto Your Piano Taken as First Payment While You Purchase One of These New Player Pianos avino; of This is the reason why you should now buy the Player Piano you intended to buy -a 1 1 . r w-V ior pernaps a iong ume. nere you nave Best Quality Removal Sale Price Easy Terms This New $750 Player Piano t ' w nayer rianos Do you prefer Player Pianos with rubber tubes or would you prefer to buy an up-to-date Player Piauo bere with brass tubes ? Shall it be a 3-point motor or a G-poiht motor i "Will ordinary perform ance satisfy you or need it bo artistic? Do you want to put up with an old-time, en larged case, or would you prefer our improved, roprular size Player Pianos ? "Will a little tone content you or would j ou prefer a full, rich, mellow tone sufficient in volume performance to per mit you to play a Liszt Rhap sody effectively? T:i I'Miii m ffff I "si Ar a. r r ' 1 Tl 1 Sale Price $495 To You $255 $25 Cash $12 Monthly We May Allow $200 (More or Less) for Your Piano Balance $200 Can Be $8 Monthly Until Paid Other Pianos $65, $145, $185, $210, Etc Player Pianos $395, $435, $465, $565, Etc TART WITH K I s,ake '" selection now and pay II down. If you do not want to pay the full payment, and 01 Mil I III in 01 then, before Christmas delivery, you pay tlie balance In cssh or $5 or 3. or whatever agreement you make for the first payment, and the balance t monthly, etc., until the Piano Is paid for In full. Out-of-Town Buyers It Is safe and satisfactory to buy one of these Pianos by mail. Write us and we will send you full description, or. If you like, ship the Piano subject to your approval. We pay frelfrht to any point in Ore gon. Washington or Idaho. Buy now and have it shipped when ready, or In time for Christmas eve. Kvery Piano or Player Piano purchased carries with It the Craves MuhIc Co. guarantee of satisfaction, as also the usual guarantee from each manufacturer of thee new musical instruments; besides, we take it In exchange within one year, allowing the full amount paid. If desired. Graves Music Co. Removal Sale, 111 Fourth St.