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About The evening news. (Roseburg, Douglas County, Or.) 1909-1920 | View Entire Issue (June 11, 1910)
THR EVEYfNG NKWH S.TI !t!A V, JUNK II, 11(10. V.WtltUN'K AIID11KSS In tlie Court of Appeals, St. Paul, May 9h. Published by request ) I nii)oar before this court 111 my own ilol(!iie because my attorneys are unwilling to bay what 1 think should too wild. I ili'sl'" " wlllve 1 Ttmm for the defense has wild with raturunee to the government Inubll Sly to prove that this envelope was mailed from the olfl.o of I he Apnea to KeaHon, of which 1 am editor. 1 wish to waive I ho objections inter poHud by my attorneys anil the ar guments advanced by them why ihould be Klvei. a new trial. J do not want a new trial. This case has t the defense $20,000. A new trial, before a Jury of my V 1 leal ippVnonts, selected by the dlnti nt Uornes"8 olllce from among kov nrn.mt employe", or those who hope to net a federal job, before a JudKO prejudiced aBalnst my cause could Iwmlt only In another miscarriage of 'JlnCwaT.nB the argument, of my attorneys on these poln and theory on w..... wag ovel inciea in u ----- TOy vigorous protest,- do o ml Z "the 'eaV-rre nnd' return to the Kentucky JfUtna. m - ' ,T, k.,Rllt Wllum, ray or, . "",,",,,, rfer.UUesrlPPe, thnt IB inn - T . . . My attorneys argue In the lir er submitted mat me trctlve. I do not pretend to know twit this. I will say. however, that I have no desire to have my scn L set aside on a mere technic,, defect in the Indictment and I would roRret to see the issue involved dis oosed of In this unsatisfactory man Sor. it would still leave the nues tton In doubt as to whether the ni Ji ang of a reward, printed in red, for itao capture of a fugitive republican politician, is a violation of the fed- ""l call' 0 attention of the court to the testimony Inroduced by tie novornment, showing that I Bubmit tud'a draft of the alleged defamatory OBvnlopo to the postmaster ut Ol rard and naked hla opinion as to ln mnllablllty. The postmaster, the twoTOBontatlvo of) the government. Informed me that in his Judgment leero waB nothing In the postal laws that would prevent the mailing of this reward offer, aa hundreds of inmllnr cardB and envelopes vore mailed in the course of a yenr at tho irard postofnee. This certainly es tablishes my good faith. No man with criminal Intent would volun tarily Bubmlt the evidence of his contemplated crlmo to the ngent of (he Institution against which the crime was directed. press the reader thereof with the though that ex-CSov. W. 8. Taylor was wanted In Kentucky by the authorities of that state for some al leged crime. Under this decision everv offer of a reward for a man j charged with crime, mulled by a pri vate Indlvlduall or a civil oincer, is a violation of the federal statute under which this Indictment was re turned against mo. In order to pro- ! vent this construction and its far ! reaching consequences. Judge Pol lock, in his final Humming up of I the case, decided It was not dc I famalory nor scurrilous, but threat ening. It Is hard for the everage man to follow such Judicial reasoning and I sincerely trust that this court's opinion will be written In such clear and unmistakable terms that there will be no question as to this law In tho future. LOCAIj nkws. In tilts connection 1 wish to call the court's attention to tho statement mndfl from the bench by the trial 3Qilge that when this mntter was first submitted to him, ho himself was In wlonht as to whether the mailing of Ithln envelope was a violation of the federal statutes, If the law Is so indefinite that even the trlnl Judge Is unable to determine whether a rrimo has been committed, until after lht "had consulted higher nuthmity," how 1h lite layman to dotcrmiiio what la lawful and what Is not? In Hie lower court's decision on our demur rer, Judgo Pollock slated that the language was not scurrilous mid thrimliuilng, as charged In the Indict ment, but that it was defamatory, In asmuch iih H was calculated to hu ll will he argued by counsel for the government that kidnapping Is a crime and, therefore, an offer of a re ward to kidnap ex-Governor Taylor Is a threat against that gentlemun. I ask the couhho! for the government to cite the federal law constituting kidnapping a crime. Ho cannot do this On tho other hand, the United States supreme court, In an exhaus tive opinion, handed down in the case of three worklngmen who had been kidnapped ill Colorado and tak en to Idaho, plainly states that it Is no violation of the federal statutes to forcibly abduct a man and take him from one state to another. In Its opinion the supreme court says: "Looking first at what whs alleged to have occurred In Colorado touch ing the arrest of the petitioned and his deportation from that state, we do not perceive that anything done there, however hastily or Inconsider ately done, can be adjudged to be in violation of the constitution or lawB of the United Slates. Bven If It be true that the arrest and deportation of Petlhone, Moyer and Haywood from Colorado was by fraud and con nivance, to which the governor of Colorado was a parly, this does not make a case of violation of the rlghtt of the nppellants under the consti tution and laws of the United States." Under this decision I do not see what weight tills court can give to the argument of the government's coun sel, that lo offer a reward to do what tho supreme court has explicitly declured is not a crime, is In viola tion of tlie law. What I did, In fact, was to offer a reward to any one who would cap ture, forcibly abduct, If you please, a mnn undor indictment for murder and return him to the Kentucky au thorities. To kidnap means not only forcibly abduction, but hiding from friends and the proper authorities. Under this view how enn it he main tained that It iB unlawful to offer a reward for the capture of ex- Gov. William S. Taylor and Ills return to the authorities of Kentucky? Lot mo slate a hypothetical case: Suppose the Socialists capture the po litical powers of Kansas as we shall. We find that Mr Armour is violating tho nut 1-triiHt laws of our state. He lives In Illinois. The governor of Illinois, being a republican, refusers to grant a requisition. Suppose our Socialist Blato officials, who would be private citizens In Illinois, should quietly go at midnight, surround Mr. Armour's house in Chicago, capture him. carry him Into Kansas, and there place htm on trial before a Socialist Judgo and a Socialist Jury. Would the men thnt kidnapped Ar mour violate any federal statute? Would they not lie Immune from prosecution under the supreme court's ruling. (To be Continued. I Miss Kthel Chenowoth, of Oakland, is visiting Miss Beryl Singleton, of this city. Mrs. R. V. Ames arrived here on the afternoon train and will be the guest of Mrs. Trimble for a few duys. All those handsome framed pic tures at the floseburg Hook Store are going at one third off the regular prices. tf Miss Lula Carter, of Brockway, arrived In the clly today and went on to Oakland to visit frlendB for a few days. Pictures, fit to grace the home of anyone, on sale at one-third off tlie regular prices at the Roseburg Book Store. tf The Roseburg Book Store Is having a sale of framed pictures for one week. All pictures going at one third off regular prices. tf W. E. Cooper, of Roberts Creek and G. W, Short, of Wilbur, are two of Douglas County's prominent stock men in tho city today. Ben McMutlen returned home from Portland today and reports the carni val being held there is a grand suc cess in every particular. The flow er exhibit was simply wonderful. Tho electric parade could not he excelled by any city, and the metropolis was mere mass of moving people who had every appearance of enjoyment In the extreme. Mr. E. A. Taylor, a recent arrival from Texas, has Just completed the purchase of a 160 acre ranch near Brockway, belonging to M. M. Brick- er. Mr. Taylor and family take Im mediate possession of their new home and express themselves as well pleas ed with the climate and country around Roseburg. The deal was made through the real estate firm of Per- rine & walker. Fred Cachelin, the South Dakota rancher who purchased the Brooks ranch on South Deer creek, through the real estate firm of Perrlne & Walker, expects his family to join him in a few days, when he will take possession of his new home. - Mr. Cachelin has traveled over consider able country looking for a suitable location, and expresses himself as very well satisfied with climate, mar kets and conditions surrounding Roseburg and the friendly spirit that the people of Roseburg greet new comers. At a Bpeclal meeting of the dlctrlct school hoard which was held at the office of J. C. Kullerton this morn ing to consider the appltcatlona of bids for the Installing of a system of toilets in the Lane School building. Tho bids were received as follows: D. H. Marsters, $1958; W. C. Gaddis, $1867.47; B. A. Malum, $1520. Ac cordingly the contract was awarded to Mr. Mahan, whose bid was $347.47 less than his nearest competitor, and $438 less than Mr. Marsters' bid. be installed before September 1st, The systemm of toilets which Is to 1910, will be of the most modern style. The floors are to be of tile, and will present a good appearance when completed. The contract for tho heating plant for this building which was lot some time ago to the .1. C. Bayer Furnace Company, of Portland, will also be Installed be roro September 1st. This will con vert the Lane school building Into one of the most modern In the county. LOCAL NEWS. LOCAL NEWS. Mrs. Mary Bishop returned to her Blanch and Archie Rlnehart are !,. III it tho fmll h,.m In . ""J ""l' k--iu.ii i. ,i i . , " n,u V . home In Dlllard on the local yes- P"dw. I'!. B,.U.d? !n' BJ.or!r,r terday afternoon, after spending sev- boy was" taken Til yesterday I f.r"!.da:vVn, "i'8 vlsltlnS at 'ue tonaw-fl im n. v. mjm a at. JN former Jays it cost a lot of money and a tedious delay to obtain first-class tailored - to - order clothes.Today master minds and a perfect organization like Ed. K Price Co. MERCHANT TAILORS CHICAGO make it possible for par ticular dressers to secure clothes satisfaction within a few clays, and at prices no higher, than are charged for ready-made clothing. Let us show you their beautiful Spring woolens and take your measure. Today if you will. G. W. SL0PER, Agt.j ROSEBURG, OREGON If you want your old suits to look like new take the mto Sloper. He knows how to fix them. Panama and felt hats also cleaned and blocked. Gentlemen's work exclusively. Agent for Ed. V. Price & Co., Chicago tail ors, tf A. E. Clayton and daughter, of Melrose; C. F. Thornton, of Riddle; Mr. and Mrs. C. H. Brown, H. A. and R. T. Blakely, of Glide, Frank Sim mons and Clarence Grubbe, were vis iting in the city yesterday and today. h. W. Thompson,, of Bakersfleld, Cal., son of J. L. Thompson, of this city arrived here last night from Spokane whore he had gone to ac company his daughter to their home. Immediately upon his arrival he re ceived a telegram from his brother requesting his immediate return to Bakersfleld, as Important business matters there require his attention, thus spoiling his visit with his par ents here. His daughter will enter one of the prominent educational Institutions of California. LOCAL NEWS. Miss Eva Dorrls, of Eugene, who has been visiting In this city for the passed few days returned to her home on the local this morning. Miss Bertha Pruner, of Riddle, arrived in the city yesterday to meet her mother and brother from Esta cada, Clackamas county, who came to this city on account of the latter's physical condition. The local physi cians soon discovered that an oiier ation is necessary and he is now an Inmate of Mercy hospitaX CAMPERS ATTENTION l have a first-class team and wag on prepared to take camping partk'N to any section, including all points on Coos Hay. Leave orders at Sykes Hardware Store, or plume 1403. THOS. JENNIE, City Expressman BUILDER- CD. MAYISTiRD GENERAL BUILDING CONTRACTOR At l'our Service Roseburg, Oregon Phone 2123 Winnie Gaddis THE PLUMBER Skylight Cornices Heating Ventilating Agent for Snel Wator Filtorc rilOIie ZIU1 1 Removes all im- purities. Roseburg - Oregon LH.RHOADES&CO WANT TO BUY AND SELL YOU FIRST AND SECOND HAND GOODS ACCOMMODATING CLERKS WILL SERVE YOU $li m::m:m:mn:m:::::$:tt::m:mtim.K m 88 it a ORIGINALITY wnjjnuniim::::::::::::::::::::::::::::::::::;:::::::::?: ttti Is EDUCATION ENTERPRISE EXPERIENCE NERVE FORESIGHT m A ! 8 ! " - ' " - . it n the name of the six workmen thar the mornmg and work to ten o'clock at night. They are opposed to Imitation, Ignorance, Inexperience, Idleness Cowardice. The six first workers bear the name of the sterling qualities that make the HIGH GRADE OF AMERICAN CITIZENSHIP In any competition against the others there is no question about the outcome. in and 'I'liey hiive won the Imttln before it is started, and to tlie victor bolontts tho spoils. The ureut question of today is not what you believe, but what you know you can do. Abraham Lincoln, one of "America's Immortals," said. When Yoii are Kindt, You are the Crowd, Hocuuse it will Follow You." History past tells you over n million of America's iiRhtinR men marched in the path laid out by the "Chief Engineer." Kind reader, the progressive man Roes on and leaves the knocker far behind, and who cares. Tho man in the automobile will pass in a thirty mile clip the man with the wheelbarrow, and leave the dust behind for the knocker. N A FEW DAYS one-half million pounds of concrete will be placed hi position in Alexander's Old Reliable Center Pier Kcseburu's lasting monument to the six workmen, there have placed it to stand as tho "Hook of Ages." Only earthquake or dynamite will move it. The piers in the Alexander bridge are ' making nice graveled walks, an occasional rustic seat will be placed made with foresight. In six, eight, or ten years from today, 1 against the old monarchs, the oaks that have seen generations when the present bridge has answered its purpose, when Roseburg ' growing up and seen them die, and the old soldier with his gray has awakened to street car service, the piers are planned and , haired wife, will on the National Holidays take a rest, will dream made so large and strong that then a steel structure can be about the days when he wasyoungand strong, when he answered placed outside, put in position by the aid of the old bridge answer- j Washington's and Lincoln's call, left the young girt standing at his ing as false works, and Roseburg citizens will then say, "The Man . side with tears in her eyes, to show the world "United we Stand, from Copenhagen" knew what he was doing. The knockers will be Divided we Fall." When the Fourth of July comes, we will not buy dead; they will have died of the fungus disease, "dry rot;" Rose-1 firecrackers in Roseburg. We will take the children to a bath burg will have a "River Faced Park" second to none in Southern 'and boating on the Umpoua river, a lunch in the park, and the Oregon. Alexander Says So Alexander Knows Fellow citizens, let me tell you some of Alexander's plans and hopes. The beautiful Umpqua river will, when in bad "humor," ea'ry sand and gravel to the park, workmen will place it in the park, nark will be open to all except the knockers. Those conditions are duties to all good American citizens, and Roseburg has its share of sterling men and women, up-to-date and progressive, and all the Umpqua Land & Water Co., Inc., ask, in a friendly way, is this little simple thing, CO-OPERATION. Respectfully submitted by Umpqua 116 Cass Street ..THE HOME BUILDERS., Water Company, Inc. Roseburg National Banh Building ;::::::j:;::::;:::j::::::::::;:j:jj:H::::