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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (May 13, 1911)
Cllbf llMfe iiffilil 7 'ji VOL. XXI. SALEM, OREGON, SATURDAY, SLY 13, 1911. NO. 114. IE BACHELORS CLUB llJSiFinST FALL WIETHE DEMURRER IS OVERRULED ORDINANCES ARE RADICAL NO CITIZEN ALLOWED TO HAVE LIQUORS IN HIS RESIDENCE Express Companies or Draymen Deliverng Sealed Packages Containing Liquors Are Liable to Punishment Anyone Making Affidavit Can Have Search Warrant Issued and Any Citizen's House Searched Such Is the Meaning of the Ordinances as Explained by the Attorneys in the Case. The Bachelors' club, of Woodburn, fcocmd Its first victory In Its litiga tion against the city of Woodburn this forenoon when Judge Galloway Overruled the demurrer Interposed ' the defense in the suit brought y the club' against the city to have Hiclared void certain ordinances per taining to the handling of Intoxicat ing liquors by the club, and If the remarks made by the court In mak ing the ruling cap be taken as In dicative of his views as to the legal ity of certain ordinances In the com plaint It will not be surprising when tlie case conies up to him for final disposition, should hia be In I" avor of the club. Court " The defens ueu in the de murer that the equity court had no Jurisdiction in the case but that It kvas of a nature which brought It Dietz Found Guilty. Hayward, Wis., May 13. The Jury in the case of John F. Dietz, charged! with having' murdered Deputy Sheriff Oscar Harp, re- turned a verdict of guilty today. Dietz'B wife and son, Leslie, were acquitted. When the ver- diet was announced, Mrs. Dietz threw her arma about her hus- band's neck and sobbed. As he was led away Dietz grin- ned defiantly and shouted: "If the lumber trust needs a victim I can stand it." . Madero Protects Navarro. El Paso, Tex., May 13. Riot- Ing is reported as Imminent In Juarez today between the In- surgent chiefs over the posses- alon of defeated Mexican gener- al, Juan Navarro. Generals Orozco and Villa, It Is aald, want to shoot Navarro for lnhu- man treatment of wounded prls- oners. Madero says they mutt shoot him before he will allow Navar- ro to be executed. It is reported ' that 1 Orozco has gone for Navarno, ajnd that serious trouble In thi rebel ranks may come at any qioment, i WHITE Ml MEASURES HIS SPEED AND ENDIVE WITH RED DROTIIER 'under the jurisdiction of the law de partment which 'is presided over by budge Kelly. Judge Galloway held Hhtit as the complaint attacked the Validity of the ordinances of the city and as assuming Jurisdiction of the case, would avoid multiplicity of 'stilts, that the case under the law 'came within the Jurisdiction of the .equity department and overruled the demurrer. The city was ordered to answer and the case will be tried 'out on its merits on May 26. I Ordinances Are Itndlcnl. I The ordinances attacked In the .complaint are radical In the extreme and the court took occasion in mak ing his ruling to say that some of Jthem are, but when pressed by the attorneys as to whether they were gal or not declined to say, but his emarks indicated that he entertained .grave doubts as to the legality of (home of them. The first ordinance set out In the 'complaint provides in substance that iiio liquor shall be given away or sold or kept In any place In the city 'of Woodburn, save In drug stores, and upon prescription. The second lis along the same line, only It de Wares places where gambling Is con ducted and where liquor is given jaway, or sold or kept as disorderly 'places and provides a heavy fine. It lis the contention of the club that fthey are void for the want of author 1 in the charter of the city for jtheir enactment. Those Radical In Extreme. While the above are radical enough an ordinance directing that search warrants may be Issued by the city recorder, and another forbidding common carriers or their agents to deliver liquor to any place within the city of Woodburn, save the drug stores, are radical In the extreme. Under the search warrant ordi nance the city recorder can direct a search warrant to be issued for the searching of any place In the city private or public, upon an affidavit being made by a person that he be lieves that personal property is lo cated at a place which the law for bids being there. Under this ordl- -ice an officer can enter any private house and If he finds liquor therein, have the parties dragged before a court and fined as under the general liquor ordinance, it Is unlawful even to keep liquor In the house for pri vate purposes. Under the common carrier ordl' nance, common carriers are forbid' den to carry liquor within the boun dary lines of Woodburn, and under it not only they, but their agents a drayman, might be convicted for vio lating It. Under It the Wells-Fargo Express company and its agents might be arrested for delivering to any person a sealed package con taining liquor. This' ordinance the defense contends Is illegal for being In violation of the inter-state com' merce law. Judge Galloway took oc caslon to pronounce this ordinance and the search ordinance as radical Would Affect All Clubs. Much Interest attaches to the case as should the city win It would mean that every club in the stats where the town is dry would be un able to supply , its members with liquor. In many of the dry towns of the state certain lodges maintain clubs where liquor Is dispensed for the benefit of the members and a de cision for the city in this case would mean that should the town In which they are located desire to do so, they would have to cease dispensing liquor to members. WILL REACH PORTLAND TONIGHT CHRIS EVANS, THE NOTED BAN DIT, PAROLED FROM CALIFOR NIA PRISON, TO REACH PORT LAND, HIS FUTURE HOME, TO-NIGHT. TO ATTACK Floe From Ensenada. Sam Diego, Cel., May 13. The steamer Bernardo Reyes ar- rived here today with 47 refu- gees from Ensenada all that could be crowded on the little boat. She reported that the steamer San Diego would leave Ensena- da today with 200 more refu- gees. All Ensenadans fear an at- tack from Captain Pryce's com- mand, which took Tla Juana Tuesday. OGALES Three Hundred Rebels Board Southern Pacific Train at Town of Cananea Captured by Them This Morning. WHITES LEAD FROM START AND MAKE STEADY GAINS NEARLY CERTAIN TO Will The Race Started Promptly at 10 O'clock and at Chemawa the White Boy Had Two Minutes and a Half the Best of It They Added a Minute in the Second But Lost It in the Third After That It Was Steady Gains Until at Oregon City They Had a Lead of Eight Minutes and a Half. DESTINATION IS NOGALES UNITED PBESS LEASED W'Bl.J Portland, Or., May 13. Chris Evans, the noted California bndit, who was recently released on parole from Folsom penitentiary In Califor nia, where he was serving a life sen tence, Is expected to arrive In Port laud, his future home, this evening on the steamship Bear. The Bear reached Astoria this morning, and, Evans, accompanied by hia little grandson, was among the passeng ers. Evans submitted to an inter view. He said) he had no definite plans for the future. "I simply want to spend the rest of my life in peace with my family," said he. Mrs. Evans, who resides here, has been seriously 111, and will be unable to meet Evans at the dock. Evans looked the picture of health, despite the 1 7 years he spent behind prison bars. THE MKRIDIA HAD TWO MILLION DOLLARS AROARD One way ot discourage gossip is to keep on good terms, but not too good, with your neighbors. The world's all right to a man who Is on good terms with himself. New York, May 13. With her bows badly stove in, the steamer Ad miral Farragut arrived this afternoon at the Brooklyn drydock for repairs. The officers of the Merldla, which the Farragut ran down, declared to day that the Merldla had aboard when she sank $2,000,000, which was being taken to New York from Mexi can banks. The passengers of the Merldla ar rived here today by rail. o The Civil War Is raging again In 15,000 newspapers. This Is the Only Point of Entry Along the United States Border Not Yet in the Hands of the Rebels The Mayor and Other Mexican Officials Fled Across the Line on Hearing of Move, and Resistance -Will Ue Slight. UNITED TRESS LEASED WIRE. Nogales, Ariz., May 13. Three hundred armed rebels aboard a cap tured Southern Pacific train left Can aea at 9 o'clock today. Their announced destination was Nogales, and an attack here Is ex pected this afternoon. Nogales is the IT'S TOO LATE TO PREVENT THE FILING FRIENDS OF THE U. OF O. HOPE TO ACCOMPLISH SOMETHING BY CONFERENCE, BUT REFER ENDUM IS NOW CERTAIN TO BE A1TLIED. While denying that he had tele graphed H. J. Parkinson from Port land yesterday afternoon asking htm to defer the filing of the referendum petition against the appropriation for the University of Oregon, until he could see him, Governor West admit ted that he had expressed a hope that a conference might be held and the matter adjusted as he felt that the referendumlng of the appropriation's of the school would cripple It That a conference will be held and that every effort will be made use of to dissuade Parkinson and those back of the petitions from filing them Is probable but that It will have the ef fect of stopping the movement now oniy remaining point or entry aiong petitions believe that the state scnooia Bnouia ue cenirunzeu as un der the present system work Is be- in ' the United States boundary not the hand sof the rebels. Residents of Mexican Nogales be came panic stricken when news of the Impending attack was flashed here. An exodus across the line began Immediately. Among the first to move was the mayor, and other Mex ican officials followed closely on their chief's action. It was expected that the federal garrison would make but slight re sistance, taking refuge across the line when1 the attack became too hot. o Josephine Took a Tumble (UNITED PRESS T.EARET1 WIRE. San Francisco, May 13. Josephine Tupper, 14 months old, escaped with slight lacerations today after a fall of 45 feet, from the fourth-story window of her home, and landing on a cement pavement. The Message. "It seems to be the habit ot some of us to pause occasionally In- the nerve-racking scramble and rush of twentieth century civilization and re vert for a time to the customs and practices of ages that have passed, to establish by practical demonstrations. that not only the brain, but the brawn and endurance ot the men of today Is equal or superior to that of yesterday. He, a white runmer, representing the' Y. M. C. A., of Portland, promptly at 10 o'clock this forenoon started on' the flrst lap of the relay race to Port land. There was a large crowd gathered at the capital building steps, from where the Indian runnners started, to witness them ctart. The Indian runners, before the signal was given for them to start, expressed them selves ag confident that again they 'Today a number of young men would win this, the fifth race. The will race for 50 miles or more, be tween Salem and Portland to estab lish the fact that they are as fleet of foot and clean of limb as their broth ers of long ago. "It, accordingly, affords me much pleasure to turn back to the methods of Marathon and to express to you, by the fleetest of these runners, as surance of my highest regard and es teem and my hope that you In your life's race may ever run as strong and as true as has. my messenger. ( , '.'Again assuring you of my beat wishes, and with kindest personal re gards, I have the honor to remain, "FncHrely, ''OSWALD WEST, Governor." Start Promptly at 10, Carrying the above message from Governor West, to be delivered to Mayor Simon at his office In Port land, Klutes Jim, a fleet-footed Yak ima Indian, representing the Chema wa Indian school, and Harry Bardal- A LARGE SHIPMENT Wf Wl Wl Wtl IWI Wf Wl W JWWWlHW'iWl n n n ti ti it ti u ti i n si u MMuiiMliMMWMjLJiaiaWHtaUllltillMMHHidiil n OF a is n B 11 11 H H a n a a n H Q a Q U tl FI - , Lei HATS Just Arrived Tlhie Vogune tl II II 11 II tl 11 11 tl tl 11 t1 II 11 a n n ii it M ii n ii ti n ii n ti ii n d ti ii SSI SS S3 52 123 E5 22 115221 tng duplicated and It is with the view of bringing about a centraliza tion of the schools that the referen dum Is launched and It seems to be opinion of those conversant with con ditions that they will not turn lack now. Misunderstanding Says (lovernor. In speaking with regard to the bribery charge made against Presi dent Campbell by Parkinson, Gover nor West gave It as his opinion that it was but the result of a misunder standing between the two. He stat ed that he was well acquainted with both men; that Parkinson was sin cere and honest and would never have preferred the charge, unless he believed It was true. On the other hand he said he was personally ac quainted with President Campbell, and that he was man of honor and integrity and that he did not believe an'' could not be convinced that he had offered to bribe Parkinson. 270 North Commercial TRODDLE AMONG THE OFFICERS REBEL OFFICERS FALL OUT OYER GENERAL MAOERO'S DE FENDING NAVARRO WHOM THE OTHERS WOULD SHOOT. nilXKSR GOVERNMENT WANTS AMERICAN DOCTORS Washington, May 13. The state department has-been Informed by Minister Calhoun, at Peking, that the Chlnewe government has agreed to an Indemnity In case any of. the American physicians assisting In the light against the pneumonic plague In Manchuria are stricken with the disease. Besides more than a svre of American doctors being employed by the government, Drs. Strong and Teague, of the Philippine service, of ficially represent the United Slates at the plague conference at Mukdon. In case of the death of nny ot the American physicians employed, or of the American medical representa tives, the Chinese government lias agreed to pay $8"00 to the families of the deceased. Ifuteli Won Miirathoii. St. UhiIh. Mo., Mny 13. Sidney Hatch today w,'m the Missouri Ath letic Club Marathon for the fourth time. Hatch's time was 3:04:56. For shaw. who was second, made the d's tance In 3:9:14. rONITlSD PEERS LEADED WIBE.l El Paso, Tex., May 13. Headed by General Pascual Orozco whose sol dlers demanded money from Provis ional President Francisco Madero for the Immediate purchase of supplies, rebellion broke out In Juarez today In the rebel forces and within a short time Madero had been made a pris oner. Coupled with the demand for Ma dero's cash was a dispute as to the fate of General Navarro, who, Oroz co and Villa said, should be shot for Inhuman treatment of rebel prisoners before Juarez fell. For a time after the dispute broke out there was grave probability that the lnsurrectos would engage In a desperate battle among themselves, but Madero finally agreed to do everything In his power for Orozco's troops and was set free. Navarro' fate was left unsettled. Great . dissatisfaction was ex pressed by the rebel chiefs nt the lack of action by Madnro's new cabi net, and their resignation was de manded and given. This afternoon the whole councils of the rebel army were still In turmoil and It was Im possible to say what the outcome of the factlonlsm would be. ; Madero Saves Navarro, 101 Pao, Tex;, May -13. Fearing that .General Orozco's troops would e&rrf out their threats to shoot. Gen- -rni vnrrn, Provisional President Madero this afternoon " personally conducted Navarro to the Rio Grande, where he forded the stream. escaping Into El Paso. white runners expressed themselves equally confident, and as both sped down State street, they were given a liberal round of cheers by the spec-, tators. Christian W'im First lap. When the two runnorg reached Chemawa the end ot the flrot lap Bardal lie, the Christian, was ahead by about 2 1-2 minutes. The . distance was 6.2 miles, and wag cov ered by Bardalllo in 36 minutes. Hoot bo Gains in Second. second lap, and Moee, a Digger Indi an, relieved Kultes Jim. and ha proceeded to dig into the time made upon his red brother by the pale face, but without results, as the white man at the end ot the lap came in 3 minutes and 10 seconds ahead. The distance was 6 1-2 miles. Indians Gain In Third. Payton picked up the message for the Y. M, C. A. at the end ot the second lap, and Lou Dan, a Muckle shoot Indian the one carried by Mose. Jumping Into the race with a determination to gain the time lost, ' he succeeded in reducing it so that Payton, at the close of the lap, was only 2 1-2 minutes ahead. The dis tance was 5.6 miles. Indians Lose Again. In the fourth lap Vanderllp Jumped Into the harness for the Y. M. C. A. and Edward Three-Mountains for the Indians, and throughout it the whlto runner continued! to lead. White Still Galu. In the fifth lap Schwforn, the white sprinter, was ahead of Peter Alfus by fi minutes and 9 seconds, and at the close of the sixth lap Hurts was lead ing Xoe Purns, the Indian lad, by 7 1-2 minutes. The distance in the fifth was 5 1-2 miles. While Hunners Steadily Gain. In the seventh Paulson, the Y. M. C. A. man, continued U gain on W. M. Powers, a Cherkoee Indian lad, and In the eighth lap It was the same old story, ar.d as Hurtman, the Y. M. C. A. runnei, passed through Oregon City he was eight minutes and 34 seconds ahwd of Prnpp, of the Sno homish tribe of Indluns. THE REBELS CAPTURED CANANEA f UNITED FREHtf LE'SI W1RE.1 Douglub, Ariz., May 13. t'uuanea, a trnnetln point In N'orthorn Sonora, was captured by the rebels without firing a shot early todny. The rebels sneaked Into the city, dispersed the few federals who had been left thero as a Kari'lsm, und hoisted a rebel flag over the public buildings. Cunnnea will be used by the rob e's, It is reported, as a buHC for furth er operations In this section. O Mr. Harrison says It feels natural to be mayor of Chicago again. A man will gt used to anything.