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VOL. XI.
ROSEBURG, OREGON, WEDNESDAY EVEXIXG, OCTOHER 28, 1!X8.
XO. 807.
nnnnrro nn'n i.rmn
MUUH . IVIII II
1
Medford Decision Wont Affect
Other Towns
LOCAL OPTION LAW HOLDS
Where Not Heretofore Annulled by
Specific Act of Legislature
Medford "Drys" Busy
Further details of the decision of
the Oregon Supreme Court, Tuesduy,
Id the Medford local option case, are
as follows: J
The supreme court holds that
though a genera statute will not im
pliedly repeal a Bpecial law previous
ly enacted, the rule Is well settled
that If the special statute 'Is the later
enactment, it necessarily operates to
circumscribe the effect of the prev
ious general act from which it differs.
A simitar case is pending a de
cision of the supreme court Involving
the question of local option in the
city of Dallas.
"Where a general local-option law
has by a majority vote," continues
the court, "been mado applicable to
a specified territory, of which a city
formed a part, a subsequent amend
ment of the municipal charter au
thorizing the council to license the
sale of intoxicating liquors impliedly
. repealed the prior local-option law,
so far as the city was concerned.
"The amendment of section 2 of
article 11 of the Oregon law, em
powering the legal voters of every
city and town to enact and amend
their municipal charters, subject to
. the constitution and the crimnal laws
of the state, is not self-executing,
and operates prospectively only,, bo
that the adoption of such an amend-
ment (the clause in the Medford
1 charter empowering the council to
1 regulate the liquor traffic. Irrespect
ive of any general law of the state
on the subject enacted by the-legislature
or by the people at large) did
not alter the charter of the city of
Medford, as enacted by the legislative
assembly, February 7, 1905.
"The amended charter having re
pealed the provisions of the local op
tion liquor law, bo far as the city of
Medford Is concerned, no error was
committed in overruling. the-demurrer
and in granting the relief award
ed. "The court also holds in this case
that a writ of review would have af
forded the plaintiff a legal remedy
for the injury he might have sus
tained In the manner indicated (the
recovery of damages to stock and
trade). A court of equity, according
to the facts alleged In the complaint,
also had concurrent jurisdiction of
tho subject matter of the suit and
was authorized to grant a tempor
ary injunction."
The court further says: "It Is quite
probable that the attempt to exempt
the cities of Condon, Estacada and
Medford from the provisions of the
local option law, and to prevent any
further encroachments thereon im
pelled the amendment (In 1900) of
section 2 of article 11 of-the organic
law of the state, bo as to prohibit the
legislative assembly from enacting,
amending or repealing any muni
cipal charter, and also induced the
granting of such power to the legal
voters of every city and town, but
limiting their authority: in such en
actments as might contravene the
Constitution or subvert the' criminal
laws of the state. The local option
liquor enactment has been held to
be a criminal law, the provisions of
which cannot be violated by the elec
tors of a municipality In legislating
In respect to a city charter."
The opinion also holds that the
amended Medford charter expressly
repeals the local option law so far
as it applies to Medford and that It
would have such effect by Implication
If It did not expressly.
Decision Not of Wide EftVor.
The decision of the Supreme Court
j In the Medford liquor case Is not of
very wide effect, since the decision
can apply only to Medford, Condon
and Estacada. These were the only
cities that had charter bills passed
In 1905 giving them control of the
liquor traffic, and since that time it
has been Impossible for any other
city to secure a charter of that kind.
In 1906 the amendment Vas adopted
giving cities exclusive power to adopt
their charters, "subject to the Con
stitution and criminal laws of the
state."
The supreme court has held that
the local option law is a criminal law,
and no city charter adopted since
1906 can evade the local option law.
Even these three cities can bo voted
"dry" by an amendment to their j
charters. I
The Anti-Saloon people have taken
great Interest in the Medford case,
assuming, that the decision that
would be rendered by the supreme
court would be of sweeping effect.
It Is said that the Anti-Saloon peo
ple spent considerable money fight
ing the case and that they are con
siderably wrought up over the deci
sion. As a matter of fact, the deci
sion Is of consequence and can be
of consequence in only the three cit
ies mentioned. To Illustrate the sit
uation under the law and the deci
sions that have been rendered:
Special Privilege Limited.
Albany is a city in a "dry" county.
If the city should attempt to amend
its charter so as to authorize the
sale of liquor, the charter would be
Invalid in that respect, because in
contravention of that section of the
Constitution which provides that city
charters must be "subject to the Con
stitution and criminal laws of the
state." In the case of Fouts vs.
Hood River, the supreme court held
that the local option law Is a crim
inal law. If a large number of cities
had obtained charters In 1905 grant
ing them the power to license the
sale of liquor, regardless of the local
option law, the decision would have
had a wide effect, but a search of the
records shows that only these three
cities, whose charters were enacted In
that year, contained the clause grant
ing this power. There were several
I cities whose charters of that year au
thorized the licensing of saloons, but
they did not expressly annul the ef
fect of the local option law, and the
I supreme court holds in the case of
' (Continued on page 4 )
CHEER IOI1I1S
Bryan's Reception in New Yorl
a Record-Breaker
STRONG TIDE TO DEMOCRACY
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IfyfHE FOREMOST DEY.GOODS ESTABLISHMENT Of SOUTHERN OREGON o
Taft Unfriendly to Labor Members
of Cleveland's Cabinet on Plat
form With Bryan
NEW YOUK, Oct. 1. William J.
Bryan held one of the most remark
able political meetings on record at
4 o'clock this morning in City Hall
park, when he addressed several
thousand night workers whose hours
made It impossible for them to at
tend regular meetings.
Bryan Btood upon the steps of the
city hall and the crowd gathered In
tho park about him. The men from
power houses, telegraph offices,
streetcar headquarters, all-night rest
aurants, morning newspapers and
other places where work never stops.
The meeting was held at the request
of a committee of morning newspaper
men.
In his address Bryan confined him
self to much the Bnme arguments as
he mado at the monster meeting at
Madison Square Garden last night
He dwelt on the labor question and
explained points in the Democratic
platform favorable to labor and dis
cussed the anti-injunction proposi
tion. Tho night workers gave him a
rousing reception and cheered like
college rooters.
With the glimmering of light
from windows here and there In the
towering office buildings, the early
morning cry of the newsboy, the un
certain half-light of the early morn
ing and the scene In the park where
the enthuslnstic crowd cheered the
candidate, the meeting was one to be
remembered long by all who attend
ed It.
Bryan retired about 5 o'clock. He
was up again, apparently refreshed
at 10 o'clock and delivered an ad
dress to the Broadway business men
at the headquarters of tho Order of
Acorns, where he was given a warm
reception. He then went at once to
Brooklyn to address a labor meeting
and took up his program for the day,
which includes 13 other speeches.
Itccord-Itmikitig Meeting.
Bryan reached Madison Square
Garden at 1-0:15 last night, after one
of his most busy days. The cheer
ing on his entrance continued 14
minutes. The Immense auditorium
was packed to its capacity with cn
thsuiastic democracy and he was re
peatedly urged to "go on." when he
mentioned the lateness of the hour.
Ho spnke until 11:55, re-lnsplred by
the cheers of his vast audience.
As a manifestation of intense de
votion tire meeting last night hap
never . been excelled at Madison
Square Garden, and scarcely In Am
erican history, bor no epoch, what
ever. Bryan has addressed Garden
audiences in his two previous cam
paigns, but none to be compared In
numbers nor In enthusiasm with that
which laRt night almost rivalled the
record demonstration In the grea'
auditorium at Denver on the night
last June when he was nominated.
The crowd was clamoring for ad
mittance hours before the time for
opening the doors. A police cordon
was flung far out and only ticket
holders-were allowed to pass.
With Bryan on the platform were
ex-Governor Francis of Missouri and
Governor Hoke Smith of Georgia,
both of whom had served as secre
tary of the Interior In President
Cleveland's cabinet. Lieut. Gov.
Chanler, democratic candidate for
governor of New York, was also on
the stand. All these distinguished
democrats made addresses.
Labor Ikkiic KmphnlzMl.
The candidate emphasized the Is
sues raised by labor in this cam
paign. He declared that Gompers
had never criticised the court more
severely than Roosevelt himself had
He charged that the president was
now Issuing a dally bulletin augur
Ing the people that Mr. Taft was a
friend of labor. "My friends." he
said "there Is a certain mutuality
about friendship; both sides have to
be consulted and Mr. Roosevelt con
sults only one side when he dis
cusses Mr. Taft an the friend of la
bor. I care not what he may say
about Mr. Taft's friendship to labor.
Mr. Taft's record shows that he is not
In sympathy with those who toll in
this country."
Bryan quoted Taft's decision In
the rase of Thomas vs. The Cinr-ln-
, natl. New Orleans ft Texan Pacific
railway company, authorizing the re
ceiver to make a cut of 10 per cent
in thp waeeg of employe and deny
ing their right to appeal.
I He said that In the west Taft wan
running on his amendments to the
Chicago platform, while In the east
he was running on the offleiul platform.
The "Conscience" Issue.
In conclusion Bryan spoKo sol
emnly of the couscleuce.facior In the
campaign. He said:
"I have watched the progress of
this campaign. 1 want now, as the
campaign Is drawing to a close, to
leave with you some thoughts I be
lieve worthy of your consideration
before you vote. I charge that the
republican leaders no longer lead the
republican voters. I believe that our
platform better expresses the real de
sire of a majority of the republicans
of tho United States than their de
sire is expressed in the republican
platform.
"The republican party has claimed
to be tho party of morality. It hns
claimed to express the consoience of
the nation. I charge that today it
misrepresents the genernl sentiment
of the country and betrays the con
science of the American people.
"There is a great question of con
science before the American people.
It 1b honesty In politics. You cannot
have honest government without
honest principles, and the democratic
party , is Inaugurating a new era in
American politics. Tho investiga
tions, the disclosures, the revelations
have shown what enormous cam
paign funds have, been secretly col
lected and corruptly used, and an
awakened pooplo demanded that thai
should stop, but the republican sen
ate and house refused to listen to
the demand and a republican nation
al convention rejected the plank that
was aimed at honesty In politics. "'
"Our committee applied tho doc
trine of the platform to the present
campaign and has done whnt no poli
tical committee over did before It
has taken the people Into Its confid
ence and laid bare the Bources of its
campaign contributions. The repub
lican committee refused to do this."
From the Garden Bryan went to
Cooper Union to address an audience
that had wnited fur him for live
hours.
Hughes and that tho whole president
ial light centers in New York stnte,
former Uulled States Senator W. A.
Clark, Is in Los Angeles today.
"New York will be the pivotal
state In Tuesday's. election," said Son
ator Clark. "In my opinion who car
ries it wilt be the next president.
I feel sure that Bryan will carry
Ohio, Indiana and Montana. Mon
tana Is a strong republican state or-
lluarlly, but this year It will be In
he democratic column.
The elect loir is a toss-up between
Taft and Bryan, but 1 believo Bryan
win be the victor.
'The cause of railroad torpidity Is
tho fact that tho railroads cannot
borrow money from the bunks. This
is brought about by tho Hoosovelt
policy of dominating everything and
his threatened legislation against
railroads."
SOCIALIST VOTK TO KLKCT TAK'l'.
LANDSLIDE FOR ItKYAX.
Ircllrt. il by Severn! Prominent
Democratic lenders.
SAN FRANCISCO. Oct. 27. Up
ton Sinclair, author of "Tho Jungle,"
8 here, resting from his lltorary la
bors. With him Is H, Gnylord Wll-
ihiro, whose magazine converted the
author to Socinllsm. The two writ
ers are being entertained- by their
friends of tho literary set and tho
local Socialist colony. Sinclair hns
consented to speak nt a Socialist
meeting here Thursday night.
Sinclair Is staying at the Fair
mont hotel, the rich man's hotel of
the town, but he says he Is Just as
ood a Socialist as those who stay In
mean cottages.
Sinclair will ho hero four dnys and
ho Socialists have, secured his prom
ise to speak at several meetings. The
nit h or says the Socialists will poll
over a million votes and that Hlsgen
will poll almost as many. He savs
this will elect Taft.
Sinclair Is to go to Cnrmel-by-the-
Sea for a visit to George Stirling, the
poet, and then to ride to Los Angeles
on horseback.
He announced today that he would
shortly write a book dealing wilh
lamiuany Hall.
CHICAGO, Oct. 27. Claiming
that Bryan will be elected by an over
whelming majority that will amount
to a landslide, J. W. Tomllnson, chief
organizer of the democratic national
committee, has Issued a forecast thai
he asserts has been compiled from ac
curate reports throughout the coun
try. The forecast gives Bryan 301
electoral votes sure, and a possible
86 more.
In the list of states given ns sure
ly for Bryan nre included tho follow
ing: Indiana, Ohio, Idaho, Nebras
ka, Maryland, Montana, New York.
Nevada, Colorado, South Dakota,
Kansas, Connecticut, New Jersey and
Delaware.
WIncoiihIii nnri Ohio.
Democratic State Chairmen Man-
son of Wisconsin and Garber of Ohio
are In Chicago today. Both report
ed conditions favoialiju to Bryan.
Manson said:
"We Just completed n poll of the
state which shows Wisconsin Is for
Bryan. At first we feared LaFol
lette's perfunctory Indorsement of
Taft might endanger the margin on
which we had been depending to car
ry the state. Our advice is for his
followers to remain firm and Bryan
cannot be shaken loose.
"LaFollotto in bis speeches dwells
on the help Bryan gave h I in in Wis
consin, coming to Madison to ask the
democratic members of the legisla
ture to support the rate regulation
bill which the LoFolletteites bad of
fered, and which the stalwart Spoon
er republicans fought bitterly.
"The Wisconsin idea having been
rejected by the republican mi Hon a
convention, our people refused to
accept Taft. We'll carry the state
for Bryan."
Garber Insists Ohio is won for
Bryan beyond possibility of the Taft
people winning It hack again, lien
perate efforts are being made by
throwing many speakers Into tjie
state.
Regarding New York a Chicago
republican returned today from a
trip to New York in an automobile
stopping all along the way sounding
public sentiment. He devoted bcv
ernl weeks to it. He said:
"I began at Yonkers, Just above
Now York city, polling all classes,
especially railroad employes, and my
observations along the line convince
me that New York, Ohio, Indiana and
Illinois will probably go for Bryan.
These statements are representa
tive of others.
The newspapers carry big stories
of the World's expose of Sherman'
alleged connection with the laud
fraud scheme hi New Mexico.
Clark Hnyn Montana, Too.
LOS ANGKLKS. Cel., Oct. 27.
Declaring that Chanler may defeat
COFFEE
Why. do we drink so
much poor coffee?
Because good coffee is
so good.
Yeer fiKlf f.tm. rear none. If feu doa't
Hke Scbllllof ' B.t: we per bin.
G. 0. P. IS
Frantically Trying to Raise
Money For Taft
FEAR OF BRYAN TIDALWAVE
Portland Firms Asked to Contribute
$200 to $500 Each-Receipts
Not Known
ifiulilig Sot'iulistK Admit That tu In
KM'('tl'l Itt'Mllt.
I'nmtillii For lli-yaii.
PORTLAND. Oct. 28. County
t'huinnnn Peterson, of Pendleton,
who whh hero today, arranging for
meetings In his county, Baya It is hiH
belief that Bryan will enrry Unui-
llla county by a Knfo ulurnllty.
MnkcH Homely Women Pretty.
J. Special to Tho Review. 4
j. PORTLAND, Or., Oct. 28. 4
4- Led by very alarming reports $
J. from republican headquartors 4"
4- In tho east, frantic efforts are .
4- being made bore to raise funda .
4 for use by the Taft campaign 4
j. managers in now York, Ohio
4 mill Indiana. Dr. Henry Wal- 4
4 do Coe, who has headquarters
4 at the Hotel Portland, baa re- 4
4 quested large business houses 4
4 i this city to contribute to
J. this fund, asking them tor
4- from 1200 to $000 each. It 4"
4. is not known bow much money !
.j. for that purpose has been col- 4"
j. locteu nero.
Je i !) tj aa a
No woman no matter howrogntar
her features may be can bo called
pretl . If her coir t cxlon Is had. Or
i no Laxative Krnit Syrup aids diges
tion iindclcurs nit I low blotched com
plexions by stimulating the liver and
bowels. Orlno Laxative Fruit Syrup
does not 11 nil Hon to or grlpo and Is
mild and pleasant to take. Remem
ber tho name Orlno and refuse to ac-
ept any substitute. Bed CrosB
Pharmacy.
llryan la Confident.
PKKKSKILL, N. Y., Oct. 28.
Leaving New York city early this
morning, Hon. W. J. Bryan Is today
covering tho ground traversed by
Hon. W. II. Taft during the past few
days. During his address to an Im
mense crowd here, Mr. Bryan said
he believes tho democrats will carry
New York, Indiana, Ohio, Kentucky
nnd Rhode Island. At Poughkeepsle
today Bryan denounced Roosevelt's
activity in this cnmpalgn, declaring
that it should be impossible for any
president to choose his own succes
sor that the presidential office be
longs to the people, who alone should
select Its occupant.
A very serious accident was nar
rowly averted when the Bryan spe
cial stopped at Tarrytown. Another
train took the same siding that was
occupied by Mr. Bryan's train, back
ing the latter for somo distance. At
that moment llioiisnnds of people had
gathered at the rear of the Bryan
train to hear his address and several
persons were knocked down and In
jured before the train was stopped
by an emergency signal. - Just at that
time Mr Bryan appeared on the plat
form and quieted the orowd, which
was on the verge of a panic.
- GRAND
Masquerade Ball
HALLOWE'EN EVE.,
FRIDAY, OCTOBER 30, 1908
Given by Roseburg Orchestra
Four Prizes for Most Sustained ('hanictors, all Makers beintf Required
to Kegister Character they Represent
A Good Time Assured
Gentlemen Danecrs$l. Lady Dancers Free. Spectators 25c
OFFICERS.
J. W. Hamilton, President. A. C. Maratera, Cashier.
J. F. Barker, Vice President. W. T. Wright, Asst. Cashier
J. W. Hamilton
N. Rice,
J. F. Barker,
B. C. Bartrum,
DlltKCTOIW.
I o- vv. T. Wright.
J. O. Newland,
I. Abraham,
Cbai. W. Parks,
A. C. Marstors.
THE
ROSEBURG NATIONAL BANK
XaUblUhed 1908.
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