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.