THE EVENING NEWS.
MONDAY, OCTOBER 21, 1010.
THE- EVENING NEWS
HV B. W. BATKS
ISSUED DAILY EXCKIT SUNDAY.
Entered as second-claijs matter
November 5, l'JJO, at itoseburg. Ore.,
under act of March 3, 1879.
Sulwilitliin Kates Dally.
Per year, by mall $3.00
Per mouth, delivered 50
Semi-Weekly
Per year 2.00
Six months $1.00
MONDAY, OCi'OliKIt
11)111.
j-oit JONES AND coki:.
Coos liny Harbor: The situation
regarding the election of two circuit
judges Is becoming more and more
complicated as election day draws
nearer. At llrst, the friends of Ji.dge
Coke, of Murslilleld, who Is a candi
date to succeed himself, thought It
nn easy matter lo Influence enough
support in his behalf to make his
election sure, lint since then .1. .M.
Upton, a democrat, but a candidate
with no party slog is dividing the
honors with Judge Coke. In Hose
burg and Kugeue an effort Is being
made to elect a democrat and a re
publican. This paper advised tin
people to unite on Mr. Coke for fear
that the greater number of voters
to the east of us would control the
election and name two Judges from
that side. Coos' Hay would then
he left out. Judge Hamilton is u
democrat and has held the ofllee for
Iwenty-llvo ycnrs. I). F. Jones Is a
republican and Is before the people
with the endorsement of a great
many influential citizens. We were
In favor of uniting on Judge Coko
and urged both the democratic and
repuhlicun support for his candidacy
Hut now since the, democruts have
taken such a manifest Interest It Is
no more thnn fair that the republi
cans hew to the lino nnd vote for
candidates for the circuit court who
are republicans. Coos Bay Is entitled
to a resident Judge nnd unless united
effort is made wo will not be reprt
sented.
EAT LOWNEY'S CANDIES
Our Candy Corner is Full of Good Things
LOWNEY'S CHOCOLATES AND BON B0NS
Are the best confections in the world because they are just
chocolate, Sugar, fruit and nuis without coloring' matter
or cheapening preservatives. They are always fresh.
HAR5TERS DRUG STORE SELL THEM
SERVICE DAY OR NIGHT PHONE US YOUR ORDERS
SAYS JUDGE HAMILTON IS DISQUALIFIED
Sneaking nbout being sued for tin
collectible accounts but really The
Nows does not wish to dig up family
skeleton!) It is said other prominent
as .well as good, loyal citizens within
our midst, Including soma who are
quite unscrupulous und, at this par
ticular time, over-zealous In censur
ing others In regard to the prompt
payment of disputed accounts, have
escaped by only a hair's bredlh of n
like position. Hut then, what's the
use, where would Judge Hamilton get
off if It wero not for cases of this
nature. He might lose his Job niter
serving the taxpayers a quarter of a
century,
Georgo Nenner, Jr., und Benjamin
Huntington, Jr., republican candi
dates for representative, nre a
"bunch" of good, sound judgment,
combined with rare Intelligence, and
when these two progressive men are
elected lo tho ofllee of representa
tive from Douglas county tho voters
who put tl.eni there will he tisstir-"!
of a equate deal on nil ut'it'.crs af
fecting the state and county. It can
be truthfully suld that each have
superior qualifications which nptly
fit them for tho ofllee to which they
nsplro.
Any person who hits been fortu
nnto enough to have had u suit tiled
against him for uny disputed ac
count of any nature, is rcquHlcd to
file their application with tho "liven
ing Hliadow" and become n mem
ber of the "Unsavory Trio Club". The
outlook for a geuerouB crop of can
didates, at tills particular time, Is
excellent.
In the eyes of the "livening Shad
ow" nuy man who Is sued Is guilty
of a most heinous crime. You never
heard of n fellow who was too stingy
to take a bath being sued for ileltn.
qucnt accounts.. No, he's usually
grqasy enough to slip out of the
"hag".
Lincoln County Leader:
Jones, canilldale for (he elllce
cull Judge of this ills! I i. l. Is
coin county tniin end nearly
II. V.
of dr
a l.ln-
evi-r
man In this couu'y oem: It 1 1 1 1 and
will give him their vote on XoveliiliiM
Sill. Hen -lollen war. never it'-fi-;lt,'fi
while running for oltlce.
At this writing Jay tUiwermnn Is
watching I he tluiMln In I lie West
which liredtit a "soukllu;" shout
November N tor ihe dr;iuM r:il Ic can
illilute for t:iieiuei
Tl.-le'
left i.m l , i
pillim I, i. n;.:
end in a i.-.t hoi
Jildi'i',stit. sl.MiiIpcinI
nbo'tt tlltr
Would
in III,'
In tho state of California and
some other states, It In expressly
enacted by statute that a judge Is
dlsriuaiillcd to sit In n cause when
either n party or his attorney is re
lated to tin) Judge by consungiiluty
or affinity within tho fourth degree.
Our own statute proviib's that a
Judge ia dlsitualllled to sit, "When ho
Is related to either party by consan
guinity or affinity within the third
degree."
In the, case of Roberts vs Roberts,
reported In Vol. 110 Am. State Hep.
Huge 108 the court construed the
Georgia statute which contained the
almost identical language of our own
statute, to-wlt: "When he Is related
to either party within tho fourth do
gree of consanguinity or affinity",
tile only suhslnntlnl difference being
In the same degree, the one being
third and tho other iho fourth.
The court there held that a Judge
who Is thus related to counsel for an
applicant for alimony and counsel
fees In a divorce proceeding Is dis
qualified from presiding In the case
und passing upon such application.
Tho court in Hint case suld:
"Should the word' party', In Ihe
section of thq code just referred to,
be given tho technical and narrow
meaning of ono who is a party to the
record, and absolutely bound by the
judgment In the case? Or should
unit word be construed more liberal
ly, nnd Include, any one who is pe
cuniarily Interested In tho result of
tnu suit, although not a party to the
record nnd not nocessnr v hound hv
Judgment therein, notwithstanding
he would be benefitted by the, Judg
ment ir rendered in n particular way?
Wo-think the limner construction in
he placed upon the word "tmrtv" In
the section of the code, which declares
when a Judgo shall be disqualified
Is the broad meaning which would
Include anyone pecuniarily Interested
In the result of I lie case, and not the
narrow and technlcnl meaning which
woiiui limit the rule to a person who
was n puny to uie record. In nn ap
plication for alimony and counsel
fees the counsel lor the applicant arc
thus not only pecuniarily Interested
In the result of the suit, but If coun-
fees nre allowed a judgment Is
obtained which Is absolutely under
men- control. Independently of nuy
thlllg which might he done hv llu.'li-
client In reference lo the main case,
which can bo enforced Tor their bene
llt. certainly In the name of their
client, even lr the cases above re
ferred to are nut authority ror the
proposition that It can be enforced
In their own names. In such a case
we do not think that a Judgo who
is related within tho fourth degree
of consanguinity or affinity to uny
counsel for the applicant should pre
side. The reason und spirit of the
code section above referred to, as
well us a proper construction of the
word "party" therein contained.'
would disqualify a Judge so sltuiued
from presiding In Hie caso. In such
a case the judge determines not only
the question as to whether under the
circumstances of the case counsel
fees should be allowed, but he also
determines the amount of tho allow
ance, the amount thereof being left,
under our law, to his discretion."
Other cases to the same effect might
bo cited,
Judgo Hamilton regularly sits In
cases and allows attorney ress In di
vorce cases In favor of Ills son-in-law.
and has been doing so for the past
four years. In one notable Instance
where Hill Hushnell, a dear and al
most dumb man who was sued hv his
wife for a divorce In Judge Hamll-
ion s court, inrougn Ills son-in-law
as attorney, Judge Hamilton allowed
$175 us attorney's foes and suit mon
ey besides ten doll-rs per month to
the plaintiff as temporary alimony.
In this caso a reasonable attorney's
Tee according to the schedules of the
Roseburg attorneys would not have
exceeded r,0. The only mistake the
Into Judge Heady made was to per
mit his own sons to practice beore
him. Judgo Bollinger (lately refer
red to by the Review) succeeding
him, realizing the mistake of Judge
Deady, re.fused to permit his own son
to practice before his court.
It is a well known fact that thit
same attorney who Is encouraged tc
practice herore Judgo lliimilton'r
court, Is the standing attorney foi
the local liquor Interests, and that
there are more criminal cases of vio
lation of the local option law than
any other cluss. The records wll:
show that he practically has u nion
opoly of tho divorce cases.
In both these classes of cases, a
large discretion rests with the Judge
In the divorce cases, as to the al
lowance of attorney's fees, and In th
liquor cases as to the amount ol
punishment. It needs no logic ti
show Ihe Impropriety of his practic
ing .11 either cluss of cases.
I do not refer to these mat ten
from any unfriendliness to ellhei
personally, but urge this sltuatloi
as one of the reasons to he taken ll
conslderailen In voting. II Is not no
fault that they are persisted In, nnr
I cunnot ho Justly criticised for show
lug the truth. If the truth hurts. II
is no concern of mine.
AI.HKKT Altli AIIAM.
If Mr. Buchanan had insisted upon I g
in,.- ihwmik; ui ii in oin. Any man
who would maintain for a moment
that the bill-was intended or would I
have the effect to repeal Statement
No. 1, or any other part of the
rect primary law, is either a dishon
est rascal or a hopeless imbecile.
So far as the Oold Hill man's vil
lainous abuse or Mr. Huchanan Is
concerned. It need not be noticed
heie. Mr. Buchanan is too well
known lu Douglas county for such a
venomous attack to do him any dam
age, and Its only effect win be to
glvo him a still larger majority In
Douglas county.
iio.mi:.
The subject tonight at the Chris
tian church will be "Home". The
Webbs will singe two special songs
tonight. By request they will re
peat "Mother's Easy Chair". Twelve
were added to the church yesterday,
making twenty-five in all so far in
tl. meeting. Come tonight!
.1. N. .McCONNELL. Pastor.
Usp )
Is "Her" Birthday
Near?
Are ynu puzzled nbout what
would he suitable) for a nice
birthday f ft
Why not a watch?
We have on display some very
pretty watches lit ladies mIcs
in solid 'Hold or gold (tiled I'll (in
or Walt ham movement.
ICiiKi'nvfiiK handsomely done
on short notice.
See our w indow displays.
A. S. HUEY
THE. JEW KI.Ett
Southern Pacific Wntch
Inspector
lik rio0scnoLD4
C8 r- Km
EVERY MEMBER i
1 OfTfyz, $
lit FOR SALE BY THE j
Roseburg Rochdale
COMPANY
WE GUARANTEE ALL OUR WORK DONE WITH
THE VACUUM CLEANER ,
When we say GUARANTEE we mean Just what the word Implies. If
you are not satisfied there will be no charge. We could not make this
assertion unless we were positive of giving good service. When you
get ready to clean house let us do the worBt part for you the
cleaning of your carpets. It's easy for you aud the price reasonable.
ROSEBURG STEAM LAUNDRY
Phono 701
O. C. UAKEII, Proprietor.
Ollcc
N'. Jackson St.
NOT TO ItKI'KAl, STATEMENT I.
The editor of the puny sheet pub
lished lit tlold Hill has again, like a
venomous serpent, vented its spleen
at lion. .1. A. Hui'luiuan. republican
canilldato for Joint representative. In
a recent abusive tirade It calls him n
lair, a law sharp, ami other vile
epithets, resorting to the lowest and
dirtiest kind of inud-slluglng.
The (iuld lllll iiiu.l claims that Mr.
Hurltaiiiin Introduced a bill. House
lllll No. fit. lu the Inst legislature,
-vtil.li luid ror its purpose ttie re
I'l'iiMng of Statement No. I provision
.it tile direct primary law and he
iirllils the bill In mil to prove It.
Me ..iv:i triumphantly. "With Hie
tl;iin;mlim word-,. '111' end Is hereby
rcpeiiied'. staring him In the face, re
ferring lo Statement N,t. 1 nnd noth
ing else ntllt colltntned lu a hill hitro
dneed bv Mr. I ioi n;t ii and no one
eUe. Ihe Ke::ehurg Inw sharp calinlv
I'-Ks "f bis love fur the direct iii
miiry "
The Cttll lllll man Is only mlver
llslim Ills own nsiuinitv. If he h;n
ordinary intelligence and even ni.
average uiiderslandlug of the use o.
English words, he would see thai
Mr. Huchauan's bill was not to des
troy SJntement No. 1, I. nl In leavi
It unimpaired as a part of the prl
mary law. The law sought to lu
repealed by House Hill No. i;t war
Hint Instructing members or the leg
Islature to vote for the people'
choice for fulled Hi ales Senium-. Thi
effect of that law Is to nullify tin
Statement Nn. prevision of tin. ih
reel primary law and repeals Slate
mom No. 1'. We have two Colunibh
rivet- tl-di hills Unit are In direct con
fllct with each olher. In Ihe sunn
way the law referred In is hi dlrec
ennflli-l with the direct pi in,-,! v ;lw
nnd being a later law it superivd,"
ihe other, ir lb,, t;, Hill man ha
il thimble, full of brnins he cmiM ,
that. The object of Mr. Iluchanai!'
bill was to repeal 111.- Liter law am
leave Ihe dileet primniv .-..v .;,
it was orintiially pas-eii ,. tt. . p,l(l
pie, and Statement No. 1 and Si-no
menl No. 2 In f,,l ,,.,. .
and that would have been t,,. ,,f,-,-i
inn n i
Willi Ills till
to ll pass
business to i
I
i dli-iii-Is
I'k -
' .
m
aim Hint
A paper that can sin i-es iriillv ban
die a piano bunco r. uue Is reiialul
"good" bai klni; lo be !n the re: v n
any candidate.
The white slavers have souls bh-rii
er thnn the skin of lite blackest
slave that eer served a master.
A man's thinnest, flimsiest
cti-ses ate the ones that cast
largest shadow of suplclou.
According to crop reports some of
the di Ink-producing grains have
dried uti this venr.
5ri.GURD0Nfl.FORY
Available for louiiuls; Musicals
Roceplions, clubs nml leachitii:.
2-"l K. l.atieSI. Kust K'dravc-e.
1 r-T'.iw ,-
X vim
jf . ".....: ..Iff
.:.'...
T ki... :i . ny t nulc
1 thf sick folks well
nnd ivmhio imnn.il I'm r
ticti in iiny put r ,.f t,
1hu.1v without ilif,-s or
siiroery. Conic to mv
office n;xl l.etr,, vx
I in.ikc no cliHiye (,,,
consultation ami will
tell you frar k ! y hct i-cr
I cm ln-lp yen or no'.
Many patients in !se
luii'U "ill icll you rim! I
am the man !h t ni.,1, s
mmimm PAUL HEPr-T MAY
mPmM , r. c.
3 -13:3-.;. JJj ' wroprmiic Physician
"trect
art I. ane
U'licc Hours O to , j, to o to S.Snuilavs io to i m
!-K.ly. '. i
; 0
This shows tho Peerless Folding
Tables
STRENGTH
feme toStr.-Ptf's Furniture Store
Mi l see how
Seasoned Slab Wood
At $2.00 per Tier at the Yard
Page Investment Company
I
Phone 2421
709 North Jackson Street
I D. H. MARSTERS' PLUMBING SHOP.
-
I Plumbing, Sheet Metal WorK, Tinning
and Keating'
North JacKson Street, adjoining' Peoples Marble
WorKs. Telephone 2511.
WorK Done on Short Notice
ROSEBURG, ORE
LIGHT
rful t.-ihle is. a
lure netiv-e tht
FINISH
this woml -rful tahle is, and while
you are there notice the per'ect
FM TEAS, FOH HAnDS, AND FOR A
WORK TABLE
BUf lii H I -LESS
B. W. STRONG
THE FURNITURE MAN
LH.RHOADES&CO.
WANT TO BUY AND SELL YOU
FIRST AND SECOND'
HAND GOODS
ACCOMMOTATINC CLERKS WILL SERVE YOU
m