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About Roseburg review. (Roseburg, Or.) 190?-1920 | View Entire Issue (Aug. 21, 1908)
... DOUGLAS IS THE BEST COUNTY IN OREGON AND OREGON tS THE BEST STATE IN THE UNI6N. THESE ARE FACTS YOU CAN BANK UPOtf' - KEEP WELL POSTED On toe current events of the world'e progress by rending the Daily Rbvibw. UAlivAro.1 K.. i - Review QSEBURG PROFITABLE INVESTMENT . Advertiser! get pood return! from an nouncements placed in live papers the Iiailv and Twicb-a-wikx Rsvuw. Try tlieui there's none other so good, . ,vvu MJ uurrter, ou ent month. VOL. XI. ItOSKUlltO, OREGON, XULIMIIAV KVKNINO, At'Cl'ST 20, IlMm. BROODING IN CELL Capt. Haias Refuses, Food and Mutters About Wife FACES NERVOUS COLLAPSE Mrs. Halns Issues Burning Statement Accuses BrolheMn-Law ot Making Love to Her. Special to the Rvenlng Review. BOSTON, Aug. 21. Captain Peter - Conover Hains, the slayer of his wife's associate, W. E. Anuis, Is on the verge of a nervous collapse In his cell here today. He refuses food and mutters constantly about his wife's alleged downfall. He Is under the constant care of a physician, but lit tle can be done for him. In an ad Joining cell sits Halns' brother, who 1b alleged to have Inspired the kil ling by telling his brother of some of his wife's escapades. He is cool, eats heartily and sleeps well. "My husband and his brother are rascals, and I hope they hang." said Mrs. Halns today.. "Those scoundrels are cnpable of anything. During my husband's absence on the Public coast, his brother tried to make love to me. 1 hate him. He poisoned my husband's mind ugnlnxt me. I was beaten, starved and crazed until I signed some papers referring to my so-called confession.' My brutal husband would have shot me had I not signed those papers, and then what would have become of my chil dren." It Is reported this afternoon (lint n deal was being considered whereby Mrs. Hains will testify in behalr of her husband upon promise that her divorce suit will not be contested and that she be given the custody of Hie two children. According to the story she is to furnish the motive for the slaying of Annls by testifying that he suggested to her the stories of degeneracy in the belief that their circulation would prevent Halns from making sensationnl charges in bis divorce suit. WANTED Good No. 1 man, with small family, and one who has a good team. Good wages and per manent position to right man. Ap ply at once on fnrm 3 miles north of Oakland, or address H. L. Mes sick, Oakland, Or., dsw s.s.s. Swollen glands about the neck, weak eyes, pale, waxy complexions, running sores and ulcers, skin diseases, and general poor health, are the usual ways in which Scrofula is manifested. The disease, heiug deeply intrenched in the blood often attacks the bones, resulting in White Swelling', or hip disease, and the scrofulous and tubercular mutter so thoroughly destroys the healthful properties of the blood that Scrofula sometimes terminates in consumption, an incurable disease. The entire circulation being contaminated, the only way to cure the trouble is to thoroughly purify the blood and restore the circulation to a strong, healthy state. S. S. S. is the very best treatment for Scrofula ; it renovates the entire blood supply and drives out the scrofulous and tubercular deposits. S. S. S. is the greatest of all blood purifiers, and it not only goes right down y the very bottom of the trouble and removes the cause, but it supplies the weak, diseased blood with the healthful properties it is in need of. ami in this way builds up weak, frail, scrofulous persons and makes them strong and healthy. S. S. S. is a gentle, safe, vegetable preparation and is suited for persons of any age. Book on the blood containing information about Scrofula and any medical advice free. THE SWIFT SPECIFIC CO., ATLANTA, GA. . . Smoke . . . Model American The Best "Bit" Cigar on the Pa cific Coatt Made in Hoseburg by U RABAT Sold by all Dealers TO HOLD ItOXI) KIjKCTIOX. Ashland Intends to Own lis Water and Light Systems, ASHLAND, Or., Aug. 20. At n meeting of the city council of Ash land an ordinance was passed provid ing for the const nut Inn and installa tion of an electric light and power plant to be owned and operated by the city. The Issuance or $:0.00il worth of 4 M. per cent light bonds was ordered for this purpose, under an authority voted by the people in 19(ir. An election was also called for the people to vote upon an am endment to the charter authorizing an additional issue of $ ::o,(iijn worth of 4 Ms per cent bonds, thereby mak ing n total of Jso.nnu for the con struction of a municipal plant. iiooTLi:i;i:it iixi:i). NEWPORT. Or., Aug. 20. Ill the circuit court now in session at To ledo, Gust Olsen and O. Krogstad. were arraigned, charged with viola tions of the local option law. and both pleaded guilty. Olsen was fin ed $200 and 20 days' Imprisonment. This was Olsen's third offense. Krog stad, who Is a druggist, wns lined (100. This was his first violation. OliKGOX WIFK HKATKKS. JACKSONVILLE. Or., Aug. 20. Jacob Moore, of Wlnier, Jackson county, was today tried In Justice Dox's court on a charge or wife-beat-'tig. The husband weighs 200 pound? and the wife lO.I. The derendnnt entered a plea of not' guilty. The evidence, however, was conclusive. "Twenty dollars nnd costs is the flue imposed," announced the court. "Rogue River valley husbands will take notlre: The whip devised bv the Slchel wlfe-lmatlng law still hangs in the sheriff's olllce." TILLAMOOK, Or., Aug. 20. .ose McCrum, the Portland man. who was arrested and placed in the county jail for wife-heating, in lieu of 500 hall, hns been balled out by his brothers. George nnd Jim, of Portlnnd. -McCruin will come up foi trinl before the clmiit court in No vember. He will be tried on a charge of wlfe-beatlng. If convicted he will be the first man punished un der the new wife-beating law In Tilla mook county. LOST A ten-dollar greenback on S. P. depot grounds, between the baggage room and supply bouse just south of depot building. Re ward for return to S. P. round house. L. F. Slarmer. POUND A Daughter of Rebeknli pin. Owner can have snme by cal ling at Prank Meyer's on Main Street. lw SCROFULA A TARDY VINDICATION'. The prompt acquittal of Robert A. Rootb, founder of the Booth-Kelly Lumber Company, of Eugene. Ore gon, by a jury, after a trial lasting over two weeks, and without offering a single scintilla of evidence on his own behalf, was a striking but tardy repudiation of one of the most un holy and damnable conspiracies lo blacken the good name ot an honor ed, upright and leading citizen of this state, as could well be imagined, says the Oregon Tlmbermau. The government. In casting about lor somebody to Indict In connection v.ilh alleged laul frauds, pounced upon Mr. Booth, along with bis bro ther and brotber-ln-law, and trumped till a charge of conspiracy, which In volved a cash consideration of three hundred dollars nnd 160 acres of lieu land, which had been exchanged by tiie government for n homestead, and placed in a reserve. Not for a minute did anyone who knew Mr. Hooth doubt that he was either mor ally or even technically guilty of the crime, if he be worthy of the name placed at his door. The Indictment was returned three and a half years ago. at a time when any citizen of Oregon who owned 100 acres of tim ber land was looked upon as a felon, with the bars of the penitentiary gap ing to receive him. Public sentiment lias become calmer and fairer. It now wauls the evidence before It is ready to convict. Formerly the breath of suspicion was looked upon as conclusive evidence of guilt. Dur ing the three and one-half yenra that Mr. llooth struggled under the un just accusation, he labored In every way possible to get a trial. He would not permit bis attorneys to Interpose any dilatory tactics. He was inno cent and stood on bis convictions. Ills vindication, as well as that of his brother and brotber-iii-lnw, car led with It a feeling of the most pro found satisfaction everywhere, lloh 88 Per Cent of the Citizens of Roseburg voted in favor of paving the streets. I They want it done this year. Do it Now, llooth emerged from the trial a big ger man than he ever was before. Ho was tried in the ilerre lire of the crucible of public opinion and emerg ed unscathed and unharmed. TIIK STOKV OF JOIIX. Once there was a boy named John, we believe his name was Wana maker, or maybe H was .Moneymak er; anyhow his name was .1 oh n with some sort of a maker attached to his last name. He owned fifty yards of calico, three pairs of jean pants, half a dozen pairs of homemade socks and live pairs of boots. He called this a dry goods store through a Philadelphia newspaper and offered to sell a pair of socks for H9 cents. The d'jn't-belleve-ln-advertlHlug mer chant laughed. Young John spent $t to advertise with (he Philadelphia Ledger just one time and has been throwing away money ever since. He was cautioned by the merchants who knew it didn't pay. It was through sympathy for his poor mother, they said, that they offered him advice, hut John did not listen to them and went on flit "blew"' his money fool ishly. Poor John sees the result of his misdoing he has so many dry goods store's that he can hardly liud time to study his Sunday school les son. Ex. WOIIKS vomi:iw. Wonderful ('ntniHHiml ('uren I'ih", Kreimi, skin Itilitng, Skin l-.riiptiuiiH, Cut ami ItruNes. Doan's Ointment is the best skin treatment, and the cheapest, because so little is required to cure. It cure piles after years of torture. It cure obstinate cases of eczema. It caret all skin itching. It cures skin eruj tionS. H heals cuts, brulrfen, scratches and abrasions without leaving a seur. It curca permanent ly, koseburg testimony proves it. Mrs. (. W. Kezarten. Flint St., Koseonrg. ore., says: "For some Ut ile time I was annoyed by an irri tation on my nose. Sometimes it was badly Inflamed and became raw and sore. I tiled a number of rem edies but nothing cured me until 1 read about Kuan's Ointment and tot a box at A. f Markers & Co s. drnt store. The first application gave" re lief and I felt no more of the Irntar- Ing n IT I iff Ion. J consider Una n's Ointment the finest remedy to be oh talned for any skin disease." For Fale by all dealers. Price r,0 cents. Kornter-MIlhurn Co.. Huffnlo. New York, sole agents for the I'nited States. Itemembpr I hp name T)oan't and take no other. m Gov't. Files Petition in Noted Standard Oil Case ' DOCUMENT A LENGTHY ONE Appellate Judge Crosscnp Shown to Hare Contradicted Himself in Ills Haling. Special to the Evening Review. CHICAGO, 111., Aug. 21. Counsel for the government today tiled a pe tition for a rehearing before the state court of appeals in the case wherein the tine of $29,000,000 as sessed against the Standard Oil Com pany ot ludhuia,. for accepting re bates from the Alton railroad, was reversed. The action for rehearing was recommended by Attorney-General Bonaparte. The Petition. Following Is a synopsis of the petition of the government for a re hearing In the case of the Standard Oil company of Indiana vs. United States: The government presents its pe tition In accordance with the rule of the court. The indictment In the case was for a violation of the Elklns Act of Feb ruary 19th, 1903, making It a crime to accept a concession whereby any properly is transported In Interstate commerce at less than the published and tiled rate. It was proved at the trial that the Chicago & Alton railway company transported to East St. Louis, Illin ois, and Si. Lou in, Mo., 1492 carloads of oil. In all the dealings between shipper and carrier each carload was treated us a distinct transaction and handled as a distinct piece of business. The published nnd filed rates on this business were eighteen centB per one hundred pounds to East St. Louis and nineteen and a half cents to St. Louis. The Standard OH Com pany actually settled on a basis of six cents lo Hast St. Louis and seven and a half cents to St. Louis. Those facts were admitted. The Standard Oil company Inter posed the claim In defense that the Klklns Act was unconstitutional; 1 that the tariffs had not been posted In two public places at the stations, nnd Interposed many technical de fenses. On hut a single point Involved In the trial up to the return of the ver dict are the ruling of the trial Judge criticized by the Court of Appeals. In all other particulars his rulings are sustained. The point on which the trial Judge Is reversed by the Court of Appeals relates to his rulings on evidence nnd his charge to the Jury with reference to Ignorance ou the part of the Stand ard Oil Company of the lawful rate as a defense. The Court of Appeals In Its opin ion has not correctly stated how the Judge ruled on this subject. It Is said In the opinion that he refiined to admit evidence to the ef fect that the Standard OH Company did not know what the lawful rale was. The fact is, and the record so shows, that all evidence tending to show Ignorance on the part of the Standard OH Company was admitted for the consideration of the jury. This evidence was largely that of the trnlllc minaT of the Standard Oil Company. Hogardus, who svOjre to a conversation with Holland, the rate clerk of the Alton, In which he said Holland told him that the rate had been filed. The governme met this testimony by a great array of cir cumstances which tended to disprove it and the jury found In favor of the government. The trial Judge ruled that Ignor ance on the part of a shipper of what the lawful rate was could he Inter posed as a defense; but thnt It would not constitute a defense If It apwar- ed that the ignorance was the result of neglect on the part of the shipper or of wilful failure on the part of the shipKr to resort to the sources of information which were available. The government contends that this uuuairucuuii oi ine . it is not nearly bo severe as the mint statute on this Buhject. . nmm netuiltv nr Hv v0..0 in ,. The Court of Appeals lays down .ut ii ,H nt-ceasury lor me government to show hevond a rent. onable doubt, as a part of Its case that the shipper actually knew what the lawful published and filed rate was. The government contends that this !s an impossible rule; that It Is con trary to the purpose of the Elklns Act; that it Is contrary to the gen eral rule applicable In criminal cases; that put into effect It would make of the Interstate Commerce Act a mere wlll-o'-the wisp of legis lation, a phantom statute, destitute of strength or subsUnce." The government contends In the petition that the court of appeals has misstated not only the record n to what evidence was admitted, but hns also misstated the construction which the trinl judge placed upon the statute, and that for his reason there should be a thorough rearguineut up on the only proposition as to which the ruling of the trial judge upto the verdict of guilty, Is revorsed. The government contends that an examination of the record will show that the court did not rule out the testimony loading to bIiow want of knowledge, but that, on tho contrary, all proper evidence tending to show that the defendant was ignorant of the facts with reference to the legal rate was admitted for the considera tion of the jury, nnd that there war ample evidence to Bhow that the de fendant did know what the legal rate was. In other words, the government contends vigorously nnd with refer ence to the record thnt the reversal of the case, so far as the ruling or the trial judge with reference to Ig nornnce on the part of the shipper as a defense Is concerned, Is based upon a misstatement by the court ol the record In the ense as to the ad mission of the evidence nnd to a nils understanding by the court or whai the trial Judge ruled with reference to the admission or evidence and how he really charged the jury. The government strenuously con tends that the effect of the construc tion of the stntute announced by the Court of Appeals Is to nullify the In terstate Commerce Act so fur as ship pers nre concerned; to make its en force men t Impossible, nnd to plunge the country ngain Into the deplor able condition or railroad discrimin ations nnd favorlteiBin which existed prior to its passage. The government contends 1hal each shipment Is the basis or a (lis tlnct offense; nnd that In this cast nch carload was a separate ship ment, i'he Circuit Court of Appeals has held thnt there Is hut one offense foi each "611161110111 Tor rrelght. The government cites against thh the opinion of Presiding .ludgt Urosscup In the ense of United State; v. Hanley, 71 Fed. Hep., 072, 075, Ii which that Judge laid down an exact ly contrary rule to the one which he laid down In the Standard Oil case. The government contends that the rule laid down by the Court of Ap peals Is contrary lo the principles ol the Elklns Act, and leaves It to the shipper and carrier to elect for how many offenses they will be prosecut ed nnd how much they shall he lined. The government contends In the petition that the Court of Appeals has done a great injustice to trial Judge Landls in misstating whnt he did In connection with the imposition of the lino on the Etandard Oil Com pany. The Circuit Court of Appeals In its opinion charges thnt Judge Landh assumed to fine the Standard Oil Oil Company of New Jersey was not ed Uie large fine for the reason that he was satisfied that the Standard Oil Compnn of New Jersey was not a "virgin offender." The government shows In Its peti tion that Judge Landls never refer red to the Standard OH Company of New Jersey In this connection nnd that the language used was used In onnectlon with the Standard OH Compnuy of Indiana, and that no-, where were the proceedings directed or pretended to be directed ngaluM the Stundard Oil Company of New, Jersey. I The government takes Issue with the Circuit Court of Appeals as to! its proposition that a defendant can not be fined more than the value 'of the property which he possesses and stales that this rule Is an Innovation In criminal law and If applied would destroy the enforcement of most statutes. The government claims that the facts before the Court of Appeals luslify the Imposition of the penally Inflicted by the trial Judge. It appears from the record In the Circuit Court of Appeals that the net profit of (tie business of the Stand ard Oil Company of Indiana, the cor poral Ion that Judge Landls fined, for the eight years during which the violations of the law for which II was convicted were committed and including the year In which ft wns In dicted amounted to $33.!k:.,2uH.80. On this point the petition stales: "We respectfully call the atten tion of the court to the statement of the Standard OH Company of In diana on file In this case, referred to by the court In Its opinion and treat ed an proper for consideration in de termining whether or not the .tensity I was excessive. The punishment therefore Is no Imore severe than thnt Is Inflicted nit on a letter carrier who steals a letter and is sent to the penitentiary for threes years thereby depriving him of his earning capacity for that time. I Uentlary imposed upon a banker who misapplies the funds of his bank. The government claims that on ac count or the size of the line alone, there Is no necessity for a retrial or the case; that the Circuit Court or Appeals may. Itself, name the fine which should bo Imposed nud calls upon the court to do so in ease it adheres to the view that Judge Lan-' dls abused his discretion In Impos ing so largo a fine. The petition Includes: "It Is therefore respectfully sub mitted: - That the opinion of this court Is bnsed upon a misconception or the record with referenco to thw rulings of the trial Judge ns to the admission or evidence tending to show want or knowledge, and with reference to his construction of the statute on that subject, nnd the theory on which the -use was tried; that the evidence of Hogardus which It Is claimed showed want or knowledge wns admitted. hat it was overcome, however, by Mie facts and circumstances of the 'ase, and that the evidence ns an en tirety was sufficient to show net mil knowledge, or what In law was 11b equivalent; That the Interpretation of the stat--lte by this court, imposing no duty in the shipper and permitting a de 'ense of Ignorance to ho made with out regard to the negligence of the shipper, is contrary to the lungunge of the statute and to Its purpose, nnd seriously Impairs the efficiency of the act ; Thnt the ruling stated In the opln 'on ns to the bawls for determining he number of ofien&es involves nn 'rroneous const I'ucti'iii of the statute nd falls to take Into consideration thnt the thing which is prohibited by the net is the transportation of prop erty at the unlawful rate; Thnt the criticism of the tHnl Judge for nbuso of discretion rests upon a wrong nssumptlon of what the trial judge actually did and as sumes that he attempted to try and the Standard OH Compnnv of New Jersey, when In fact, ns appears from the record, tho entlro proceed ings were directed ngalnst the de fendant, tho Standard OH Company f Indiana; That the ruling stnted In the opin ion to tho effect thnt a line Is ex cessive when It exceeds in amount tho ability of tho defendnnt to pav Is an Innovation In criminal law and 'f generally applied would prevent he practical enforcement of most rlmlnal statutes; That, In short, the opinion ns It stands erroneously stalen material 'Millions of the record; does Injustice 'o the trial judge; leaves doubtful In 'i new trial the rule or law to he lip plied, both ns to knowledge on the nart or I hi shipper, and ns to the 'lumber or offenses; appears to be in "oiillict with the language or the Hu oreme Court and with Iho previous hiuguiige or the presiding Judge of his court, nnd with the great weight ')f legal authority: nnd, If permitted to remain unmodified, will tend to rtncourage disobedience to law. to Impede Hie enforcement of salutarv statutes nnd largely to defeat their purpose. For tho reasons stnted we respect fully request thai n reargumcnt of this ense b granted." The petition is signed: CHAULKS J. BONA PARTE, Altorney-Geiiornl. Fit A Nit It. KELLOGG, Special Assist, to Atty. Gen. EDWIN V. SIMS. Tnlted States Atty. JAMES II. WILKEItSON. Special Assist. U. 8. Atty. How to Avoid Appendicitis. Most victims of appendicitis tre those who ure habitually consH tint ed. Orinu Laxative Frull Svrup cures chronic constipation oy stim ulating tho liver and bowels nnd res tores the natural action of the bow els. Orlno Laxative Fruit fyrup does not nauseate or gripe and Is mild nnd pleasant to take Itefuse substitutes. Ited Cross Pharmacy. J. W. Hamlltot, PrasMent. J. F. Darker, Vice Pre4iat. J. W. Maollto N. Bice. J. V. MhrKm, b. c. fertrtn, tmm. v. tarkkv ' $ C. im I TCt$ ROSEBURQ NATIONAL RANK tb'itV4 it 9. CAPITA - OQO.OO Hnfet) Deposit Imii's for r.. ft) fldofkl W.tt, or will rent by the month. Our conservative managenientOVi8 'I advan tages to present and propertive patroJSB Je iB prepared to handle all business entrusted to us accHrDQto fitd expedi tiously. O TURN 1IILIC1 Such is Wm. H, Taft's Advice to "Solid SPEARS AT HOT SPRINGS VA. Rjosevelt Planning African Jungle Hunt aggrieved Wife Snes For $250, 000 Sprainl to llin Evening Review. . HOT SI'KINGS, Va.. Aug. 21. AddroHsIng a meeting of Virginia republicans here today, Wm. H. Taft appealed to tho "Solid South" to break from the democratic column. He tmld, In part: 'KverybuUy having tho interest of the country nt heart would rejoice to see the 'solid south' broken as a democratic asset. HepubllcaiiB have taken steis for the development of the south for the reason that the south has bo little Influence in the executive branch of the government because it Is Bure to support demo cratlc candidates. The only cure is to support republicans. The south realizes thnt n threat against proper ty is Involved In placing the demo cratic party In powor under Its pres ent leadership." llooyv'vett'R Plans. MOW YORK, Aug. 21. "I am about through ; I have done my work and want to get away so the new administration will be unable to ask my advice." are the words uttered by President Roosevelt to friends, ac cording to an nrtlcle in the current Issuo of the American Magazine. He Is quoted ns saying that he is anxious to meet tho Kaiser without pomp, hut is more interested over invita tions to hunt with the King ot Iltaly nnd tho Kmneror of Austria. How ever, the president will go direct to Africa, lo hunt in the Junglea. He hns contracted with the American Mngnxlne for narratives ot his hunt ing trips. Australians Delighted. SYI1NHY, Australia, Aug. 21. The first day's formnl entertainment of tho ollleers nnd snltnra of the Am erican huttlesblp fleet came to a brlKht close tonight with a dinner given by the state department. The speeches mnde urged the cementing of lies of Hie white rnces for the defense or tho Pnclfle Islands against I lie yellow races. Lord Nortncote, the governor general, and Premier Denkin paid tributes to the United States nnd complimented the fleet nnd the officers and sailors. Wife Hues For IhiiiuigeM. NEW YORK, Aug. 21. Declaring she found Mrs. Lizzie Hastings Holme nnd her husband, James B. Dunn, formerly manngcr of the Hotel Savoy In Sun Francisco, In each oth er's rompnny. "In pink pajamas, drinking whiskey and smoking cigars," Mrs. Snrah Dunn today filed a suit fur 'r,0,nil0 ror alienation ot her husband's affections. Mrs. Dunn recently created a sensation by at tacking her husband nnd Mrs. Holme on a board walk at Atlantic City. TEA Why isn't everything moneyback? Everything: isn't good enough. Your troccf retarni renr aastr U res 4oa1 Uk. fc.biUim'1 B; par Sim. A. V. C. Marsteri, Cashier. T. Wright, Asat. Cashlo ul. Roberts. J. O. JL k Atottfrai. o X I 1-