WEATHER Yesterday's Highest Temp 53 Last Night's Lowest Temp 42 lain Tonight or Wed uesday. .vol' IV HOSEBUKG, DOUGLAS OOUNTV, OKKliO.N TIKSDAY, OCTOIIKll 1-1, lOV.i. No. 205 ELECTION HAMILTON ORDERS SUTHERLIN WILLVOTE N0V.4 Writ of Mandamus Issued to County Court. " JUDGE'S 0P1N0N IS CLEAR-CUT Judge Hamilton Says The Duty of County Court to Oilier Tlio Klt-rtlon Was Ministerial Not Discretionary. In a cleur-cut legal opinion Judge Hamilton today annulled the prev ious order of County Judge Dexter Rice and Commissioners Wiley and Pickston, sitting as the county court, which refused to order a local option election In the city of Sutherlln on November the 4th. Judge Hamilton directed that the county court Im mediately issue the order tor the election to be held on the date ask ed tor. H appears from the records that Fame time ago certain citizens of Southerlin presented a petition to the county court asking that an or der be grunted to hold a local op- tlr.n election In that city on next Noverber 4th. The matter came up before the cor.nty court and the legal prr:no3iticn was turned over to DIs- trlrt Attornev George M. Brown for leclslon. District Attorney Brown ndvised the county court that it was his opinion that the election should he ordered. But the court refused to follow the opinion of the district attorney and refused to order the election. The petitioners for the election wre satisfied that ithey had the right to held the election this fall Jl'lKiK HAMILTON W'ti Onlen Lurul Option KLvtion ut Sittlicrlin. and Attorney B. 1. Eddy, of this citv, wns retained as counsel. Last Patutday a writ of mandamus was eked for liefora Judge Hamilton, of the circuit court, and he I'-ued the order directed to the county court M Immediately Issue the orilnr for '!-, holding of the election in Suthor lin or elso appear before the court on t''ti.iy emi show caii"e why the order should not bo made. Vnder 'ho statutes It is the dtt'y r.f the district attorney to appear in hebnlf of the county court when li Is brought befo-e some higher tribunal. District Attorney Brown H the. legal advisor of the county "run h?ro but as he had previously advised the county court that the r?rder should be issued he felt that he could not appear before the circuit, .-(nit and !sV that the action of thej county court be sustained. He there-) ic.n asked Attorney A. N. Orcutt to) appear for the county court. Mr. Or cntl .appeared thj.1 aftoTioon . mnde a purely legal argument on the question that mandamus was not the puppi-i icmt-uj Buuuini iimniC former order should be permitted to fand. He contended that the coun ty court had passed on the question end that Inasmuch as it had already performed its duty an appeal from :.hat decN' on or order should he -cp. He plated further that the vrtt of mandamus could not be di rected to a court after it had actually passed upon a matter, no matter whether the county court erred fn making the order or not. Attorney B. L. Eddy, for the pe titioners, argued that the county ?oiirt in passing on local option pe- tilons performed a "purelj minister-1 al duty and that if the petition pre dated had names on It representing. ..t least 10 per cent of the registered: oters in that precinct and if the p- !tlon were filed not less than 30 days nor more than 90 davs pre- "dln? the datgfor holding the elec- -'in mat tne county court nad no ''i.-retion In the matter but was cuielied to order the election, A V;- I- f..HdifV:.; These matters were not in dlsputo and it was attorney Eddy's conten tion, which was subsequently adopt ed by Judge Hamilton, that the or der to hold the election must bo made. After the arguments were conclud ed Judge Hamilton speaking with out preparation delivered a most scholarly decision taking up each point advanced by counsel and an alyzing it and pointing out the cor rect conclusion. Judge Hamilton said that the law was clear and that the county court went beyond Its du ties when it refused to order the election after it had ascertained that number of names on the petition was sufficient and that tho petition had been filed within the required time. He then ordered Judge Rice nnd the two commissioners, acting as the county court, to reclnd their former order and Issue a new one directing the election to be held In Sutherlln. Under the decision the election will be held n:( first prayed for in the petition nnd the question of whether or not saloons shall exist In Suth erlln will be fairly voted on by the people of that city on next November 4. It is said by persons familiar with, the situation that the saloon has been no benefit to Sutherlin and that the undercurrent of feeling is strong acnlnst the liquor traffic longer re maining within its borders. ELECTION FARCE Wilson Administration Believes Mexico Tangle Hopeless. TO WITHDRAW RECOGNITION Kii.nl a no Xow 1'IihIh Hor Kaly Ac tion Was 11) ad vised Wreck ed Aieolaue in Hm-kiMu ack IUver. (Special to The Evening News.) WASHINGTON, Oct. -14. P ren der! t Wilson and government offic ials of the state department have1 abandoned all hope that there will be constitutional election in Mexico,' therefore recognition of the gov-! ernnient of Mexico on the part of the United States is remote. Ad-! ministration officials here are now of the opinion that the election in Mexico the latter part of this month will develop into a farce, and It is nractically certain that no president elected under the present dictator ship will be rcrognized. The fact that Germany hns ordered a war vessel to Mexico, and that, Groat Brit ain plans to withdraw her previous recognition of 1 1 uerta, according to reports, has increased the president's faith in the policy of the adminis tration. Constitutionalists are now predicting an early dissolution of the Huerta regime. Wierlted Aeroplane fn Hlvcr. JKRSEY CITY, Oct. 14. An aero plane, believed to be the one belong, ing to Albert .Jewell, an aviator, who started yesterday to fly from Hemp stead. Tn. I., to St a ten Island was rem floating in the Hackenh.ck river today. Jewell never reached his des-tin-ii'iony. And officials are of -the opinion that he met with some ucci- rtent which plunged his machine Into tho river. rerhcroiiN Priest In Court, NEW YORK, Oct. 14. With his clothing soiled and face nnshaved I fun Schmidt, resistant priest in i prominent New York Catholic church who a few weeks ago confessed to murdering Anna Aumulier, whom he had wronged, appeared before Jus tice M alone today to answer to the chnrge of murder. Attorney Koelhe. represent inc Schmidt, asked that formal arraignment bp postponed one week, which was granted. COMMFHCI h CIA'R MFKTINT There will be a special meeting of j tile Commercial Club tonight at S p m, Aj members are requester) to be present and a special Invltarinn! (a given to men who are not mem- brs to bf there, as the proposition will be discussed as to whether it Is advisable to continue as at present' or not. Do not vail to be present at I this very Important meeting. j Accordlng to word reeved iire ' thla morning, J. J. Avo-t who k! last night arrested at Por1nnd' charged with passing two worthless checks on the L'mpqua hotjl. of thisj city, also passed a c.'iesMonHble I check on a hotel at Medforn. Scott j has asked for a chance to settle the cast and a a result he will not be' broupht here beToro tomorrow. nay he can nernre the ncrjury i fiinda to square the claim and there.' by avoid prosecution, tn the cent' he falls to make Rood by tomorrow he will he brought hfti? for i-rose cution. A formal warrant .tf airest. iBr.ued ny Kecoroer car: imocr'y, was telegraphed to Portland last night. CASE IS HEARD R. B. Warner on Trial in Local Court. ALVA BELLOWS PROSECUTOR IHfeiKlant Denies That He Allowed! His Automobile to Come In j Contact With Dig of Mr. Hcllmvs. The trial of R. B. Warren, who, was arrested at Myrtle Creek yes--: terday on a charge of running down! and damaging the vehicle of Alva! Bellows, of this city, was heard by' City Recorder Carl WImberly this morning. . ' Mr. Bellows, the prosecuting wit-; ness, claimed that he was driving! along the road in the vicinity of; Ruckles when Warren, and two com-! paniong. R. E. Stephens and Dike , Stephenson overtook him In am automobile. Bellows alleged that1 they bumped into his vehicle from ' the rear, with the result that his horse was injured. i Warren testified to the effect that I he had no knowledge of bumping into Bellows rig, and if he did so ; the accident was unintentional. Mr.' Warren's evidence was corroberated by Dike Stephenson and R. E. Stephens, who were with him nt tho time. Stephenson, Stephens and War.' ren are linemen and are employed by the Southern Pacific railroad. At the time of the accident they were proceeding to points In the southern part of the county to do some line work. Attorney John T. Long, represent- j ing Warren, raised the question as ' to whether the local city recorder had a legal right to preside over the trial.. Attorney Long claimed that The Home of -., :', .; ; .... .r:- . . ; ... "The Igloo Built, We Prepare for Our Daily Camp." "In the evening, after blocks of snow walled a dome in which we could breathe quiet air, the blue-flame lamp sang notes of gastronomic delights. We first indulged in a heaven-given drink of ice-water to quench the intense thirst which comes after hours of exertion and perspir ation. Then the process of undressing began, one at a time, for there was not enough room in the igloo for all to undress at once. "The fur-stuffed boots were pulled off and the bear-skin pants were stripped. Then half of the body was quickly pushed into the bag. A brick of pemmican was next taken out and the teeth were set to grind on this bone-like substance. Our appetites were always keen, but a half pound of cold withered beef and tallow changes a hungry man's thouhdb effectually. "The tea, am licwr in making, was always welcome, and we rose a elbows to tak it. Under the influence of the warm drink, the fur coat with its mawfc of ic ffags removed. Next the shirt, with its ring of ice about the waist, would coflne off, giving the last sense of shivering. Pushing tho body farther into the bag, die hood was pulled over the face, and we were lost to the world of ice." CAPTAIN PKItKINS DKAD. BERKELEY, Cal., Ocu 13 4 Captain C. P. Porkins, U. S. N. (retired) died of heart failure last evening on the platform of thp Santa Ke depot at Berkley, whilo talking to his eon. Julian, a student at the university of California. Captain Perkins was (.just leaving on a pleasure trip to the Grand Canyon of Arizona with W. J. Willey, who lives at the Berkeley Inn. The captain had drawn his eon aside nnd war' bidding him farewell, pre- paratory to stepping on the train. Suddenly, he reeled and sank to the platform, dying al t most Instantly. Captain Per- kins w:is retired from active service about a year ago. His wife died a few weeks ago. He was '5 years of age and lived at the Alt a Vista Apartments. The funeral, with full naval honors, will be held on Wednesday. (Captain Perkins is well known in Douglas county, hav- ing once lived at Drain.) the jurisdiction of the recorder term inated at the city limits, and ns a re sult ho had no legal right to try the action at !ss;.e. District Attorney Brown, who appeared for the state, claimed that the recorder was cloth ed with the proper authority to try the case, regardless of the question raised by tho defense. In order that he might be en liehtfned on the question at issue. City Recorder, Wimberly Instructed the opposing attorneys to submit authorities substantiating their re rpectlve contentions. The case terminated at about 11 o'clock this mo'ning. and tho attor neys were given until this afternoon ti submit authorities as requested by the court. l.ae this afternoon Mr. Warren and Mr. Bellows held a conference and settled their differences. As a result the etise against the former was dismissed by Recorder Wlmberiv .: ! S RM T MOTION w w a a a a aawaaw. To Dismiss the Case Against Robert Coate-j. CASE CALLED THIS MORNING District Attorney Opposes Motion and SuhmitN Hilling of Judge lluncttc, Now a Motiilter ,. of Oregon Siipi-vim The case, of tho State ys. Robert Coats and Lilian B. Carter, who wore arrested here late Haiutoay evening on a statutory charge preferred by Coates' wile, was called in the record er's court this morning. Both Coats and Miss Carter were conspicuous by their absence. They were rep resented by Attomoy Elbert Her mann, of the firm of Hermann and Hermann. "At the very opening of the trial, Attorney Herman submitted a motion signed by Mrs. Crates, the private pit-secutor, in which it was asked that, t.'he cases agalns-t Coates and Miss Carter be dismissed. Attorney Hermann argued that it was public policy (o dismiss actions of thhl nature when a request was mad? by tho private prosecutor. It was Attorney Nermann's contention that the results of eases such as the one at lesuo wore bad, and had a de moralizing influence upon thoso who chanced to hear the evidence rr rend the r.tsu ppnper accounts.. Attorney Hermann also called the court's at tention to the ruling of Judge Coke, of Coos county, in the case of Fred Day vs. Pllkington. lu this case. At 'ornpv Hermann claimed Jndye Coke held that it was public policy to dis miss the action when a request was submitted by the prosecuting wit ness. District At lorney Brown opposed Snow ' Z,. I." w . -tor ItOAIM ARE HAD, . Borry Brothers, traveling In a Hupmohlle, arrived here last evening on a trip from Chicago, 111., to San Francisco. The men left Chicago on September 1, and expect to reach their desti- nation within the next ten days. They traveled leisurely, nnd upon several occasions were delayed by rains and other pmnKs or me elements. The worst roads encountered on the trip are between Cottage Grove t miiu ivuoi-inii'B, according to k. C. Berry, who was at the wheel, The miir'llillA otnrwl iha and appeared in the best of con- mi .cm wnun u arrived bore last night. They left on the last lap of their Journey todav, the, motion on the ground that It waa not public policy to dlaiulas actions of this nature, when warrants were Issued, served and the defendants brought Into court.. In substantia tion of his claims, the district attor ney referred the court to a parallel case. In which Judge Uurnetto, now a member of the Oregon supreme court, refused- to grant a motion for dismissal.. In regard to the absence of Mra. Conies, who spent yesterday at Portlnnd with her husband, the district attorney said ho did not need ' hor evidence In prosecuting Coatim. In fact, the district attorney sntd she could not testify agnlnat him even t..ough slio was In the cltv.. Mrs. Coates could testify against Miss Car ter, however, said tho district attor ney.. In lenvlng for her home. Dis trict Attorney Brown 'Claims Mrs. Conies has not In any manner as sisted her husband. The motion for (llKmlssnl of tho action hns been tak en undor ndvlsement by Hocordor WImberly, who will render a declBlon mine time Thursday morning. In the event ho overrules the motion the trial will proceed Immediately. Should the motion bo allowed, the defendants will ho released; Coatos relumed here early this morning from Portland, whore he siient yesterday with his wITo.. Miss Carter Is also here, being registered at the McClallon hotel. It la believed that Mrs. Coates loft Portland late yesterday for her homo at Aberdeen, Wash., after signing the motion nsk Ing for dlsmlFhnl of the case. District Attorney Drown snys ac tions such as the one at Issue are too often dlsmlwed nftor the county can been put to the expense of ar resting tho persons Involved. In thla ?nse be Is determined to prosecute, and thereby escape being made the "gout" for persons Involved In do-m-stlo difficulties. This morning's Issue of the Oro gonlan, published at Portland, hnd the rnl low Itik to suy regarding an In terview alleged to have boon given out yesterday by Mrs. Cotili's: " 'l.llllait II. Carter Is fat. and the homeliest thing In siiveu states,' was Mm opinion expressed yeslerday by Mrs. Hubert Co.ites. wife of the man with whom Miss Carter was arrest ed In Itosrburg laMt Hiilunlny. "Alllinuiib Mr. nnd Mrs. Coates 'nil occu riled the same room at the niperlal hotel, and left together on the northbound .1:-ir Xorlhorn Pa cific trnln. presumably for their home In Aberdeen, Mrs. Conies said 'but she had not yet decided about Hmnls'.'ng tho cbargo against hor hufhand. " rue imiier says that woman Is a beaulv,' she said contemptuously. 'You Jest ought to see her. Hhe's tho 'louinllest thing lu seven states, and fat.' "t'oales refused to inako any stalo nii'iit. " 'This Is the first I have heard or Ms ' suit! Miss Carter's younger 'iroiher. It. V. Curler, 701 Washlng "ii 'frcei, last night. 'Hut I ho whole Hiing is preposterous. My sister vent to Itosi'burg io look nfter some '"i:aniierry land that she owns there. She is a real estate ncent. and has 'irlto a largo trai-t of land near Ash land Hhe was staying with herbroth "r. H. .1. Carter, of Aslitand, and will 1-0 back tomorrow. " 'Coates was on a ileal for somo timber Innd In the locality, and they went on the name trnln. but the Idea of their eloping Is abHitrd. Coates tn in old family friend, nnd neither of '-m would think of such a thing. M'- wifo must nave been crazy Jonl oiis nnd her trouble must have been the product of her own Imagination.' A I I.I IIS IIDIH ( I S I'lllCKH. l'fiHilnr New Ttieiilre Ha. Ijmered Aflnil-Mon for I'trtiire Hfii'WH. Manager ). Ii. Illootu, of the Ant lers theatre, announced todav that hereafter the price of ad-misslon to picture shows will h(, ten cents to adults nnd five cents for little chil dren. Tho regular show will con sist, of 4 reels,, two of which will be run without a stop for change and then the musical number will follow. The show will he coni'ludcd by two more reels of film. Mr. Mtoom ssys 'hat only the best of motion nlrtitres will be shown. When more than tho regular numbers (four reels nnd Mi lisle i are shown the price will be advanced slightly to make tip the ex 'ra cost and woith.