La Grande evening observer. (La Grande, Or.) 1904-1959, January 24, 1908, Page PAGE THREE, Image 3

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KVKXTHQ BSKHVKR. LA GRANDE, ORKGON, FRIDAY, JANUARY 14, ltM.
3 THKU.
La Grande Professicna
, Directory
The
PHTSICIAXS.
O. L. BIQGERS, M. D,
Physician and Surgeon.
Office Ralston Building, over J. M.
Berry's Store.
Office 'Phone Black 1111.
Residence 'Phone Red 1001.
1. H. HUBBARD, M. D.
Physician and Surgeon.
Office In New Bank Building. Room
20-11. 'Phones: Realdenoe, Main
8; Offloe. Main 71.
DR. A. L. RICHARDSON.
. Physician and Surgeon.
Office over Hlll'a Drug Store.
Office 'Phone 136'. Residence Main 55
fC
N. MOLITOR, M. D.,
Physician and Burgeon.
Corner Adama Ave. and Depot St
Office Main $8 : Residence Main 69
DENTISTS.
C, a CAtTEORN.
Office over Hill's Drug Store.
La Grande Oregot.
J. C. PRICE, D. M. D.
, Dentist.
Room St, La Grande National Bank
Building. 'Phone Black lll.
La, Grand Oregon
Dr. 8. II. Easier Dr. J. E. Stevenson
Rea. Red 11. Res. Black 851.
EASLBT & STEVENSON.
Dental Parlors and Laboratory.
Aluminum Plates, Crown and Bridge
work, a specialty.
Office Opposite Foley Hotel.
Office 'Phone Black til.
ATTORNEYS.
BACON c HALL.
Phrslclans and Surgeons.
Office . , a Grande National Bank
Building. 'Phone Main It-
C. T. Bacon, Residence, Main 18.
M. K. Hall, Residence, Main 62.
DR. F. E. MOORE
DR. H. C. P. MOOR
Osteopathic lMiyelclan.
Klrksvllle Graduates Under Founder
Office Bummer Building.
Phones: Office Main 68; Res. Main 64
VETERINARY 6TJRGEONS.
DR. P. A. CHARLTON,
Veterinary Surgecn.
Office at Hill's Drug Store, La Grand.
Residence 'Phone Red 701.
Office 'Phone Black 1861.
Independent 'Phone 68.
fy DR. II. W. RTLE.
' Graduato Ohio State University Vao
clnatlon, Dentistry and Surgery of aii
kinds. Country calls promptly an
swered. Office 1414 Adams Ave. 'Phones, Pa
clftc, Black 1901. Independent,
White iO.
Chaa. E. Cochran Geo. P. Cochras
COCHRAN COCHRAN,
Attorneys.
La Grande National Bank Building.
La Grande - - - - Oregor
VIAVI.
MRS. GRACE McA LISTER.
Teacher and Manager,
Telephone Farmers 1976.
ABSTRACTERS.
J.R. OLIVER.
Abstracts of Title. Fire Insurance.
Ulce next door to La Grande Na
tional Bank.
La Grande
Oregon
IMBLER
DRUG STORE
DR. 0. A. FISHER, Prop. -
Patent M c d i c c n s,
Perfumes, Toilet Articles
Trusses, and Ru b b e r
Goods.
OPEN DAY OR NIGHT
PHONE CALLS ANSWER
ED DAY OR NIGHT 2
'
4
TEACHERS OF MUSIC
KATHERINB M. QUINN, MUB. BAC
Teacher of Piano and Harmony.
Studio 1401 Eighth Street
Phone Black 841.
X
zt
fFjROF. E. PORTER DAY. Prlncli. .
V. La Grande 6choo) of Music
Mrs. Day assistant. School oppo
site Foley Hotel. Phone Red 472.
MISS STELLA V. OLIVER.
Teacher of Piano and Harmony.
Studio over J. M. Berry" Store.
ELECTRICAL ENGINEERS.
1m A. PICKLER.
.jplvll, Mining. Irrigation Engineer!
and Surveying.
Estimates, plans and specifications.
Office In Bohnenkamp Building.
Ia Grande
. Oregot
PAINT AND WALL j
PAPER STORE J
PAINTING I
AND
PAPERHANGING
Staniels & Bugg
1420 ADAMS AVENUE Z
La Grand e, Oregon
.
Phone
Red 1921
Board and Room.
Go to the Palmer house for board
and room. Beat and cheapest place
"u town.
HAY, GRAIN, WOOD
We have instcck a lot of fine timothy, wild, grain and
alfalfa hay, bought before the price advanced. We are
selling this hay'at lovr price, quality guaranteed.
We buy and sell oats, barley and mill stuff of all kinds.
We'll sell flour at lower price than others. Try us.
.We'are closing out our wood business. Have about
100 cords left Get some at a reduced price before it
is all gone.
:
THE REAL ESTATE, LOAN
AND COMMISSION CO.
Cardlnicr Case A "t'rillque."
La Grande. Jan. 24, 1903.
;To the Editor of The Observer:
It seems that ex-Councilman Eart
lett, who was convicted of extorting
money from certain saloon keepers
by alleged threats of prosecutions
permitting gambling In violation of
law, has been awarded a new trial by
the supreme court. S. A. Gardlnler
was convicted Jointly with Mr. Bart'
lett, but he did "not appeal. The evl
dence was much stronger against
Gardlnler than against Bartlett, and,
for this or some other reason, Gardl
nler did not appeal. I am not con
cerned with the guilt-or Innocence of
these parties. The conviction of Bart'
lett has been set aside and he is pre
sumed to be innocent, but this pre
sumption does not apply to his co-
defendant, whose conviction was not
set aside. I desire to offer some crltl
clsm as to the peculiar manner In
which the defendant, Gardlnler, was
let out of this difficulty by Judge
Crawford, at the Instance of the dis
trict attorney. Judge Crawford was
one of Gardlnler's attorneys In this
case and argued a demurrer to an
Information against him before Judge
Crawford was appointed Judge. Ow
ing to the fact that Judge Crawford
was attorney for Gardlnler and Bart
lett, he was disqualified to sit as
judge when they were tried, and
Judge William Smith of Baker City,
tried the case. They were found
guilty and Judge -. Smith sentenced
them tu mini itsuniL.1.. L !r. the r"
Jail for the period of 10 months.
Some time after they were so sen
tenced, It was announced that Gardl
nler had decided to serve nut hi sen
tence in the county Jail. This report
was noted in the public press, and It
was announced that he was "doing
time." But people saw him eating
his meals at restaurants, and going
when and where he pleased about
town. It was said that he was per
mitted to put a bed in the grand jury
room and sleep there. He was seen
about the sheriffs office at times. He
was really not kept in Jail as the law
requires. Section 1019, Bellinger &
Cotton's codes, provides as follows:
"A prisoner committed to the coun
ty jull for a cantempt, or for trial,
or upon a conviction for a public of
fense . . . shall be ACTUALLY
CONFINED IN THE JAIL until he
Is legally discharged, and If he be per
mitted to roam at large out of the jail,
except by virtue of a legal order or
process, it Is an escape, and the
lierlff or Jailor permitting It Is guil
ty of a misdemeanor," etc.
This requires that a person sentenc
ed to Imprisonment In the county Jail
be actually Imprisoned In the Jull.
Sec. 1454 provides, "That a judgment
of Imprisonment In the county Jail
must be executed BY CONFINE
MENT IN THE COUNTY JAIL of
the county where the - judgment Is
given, excepting where the court, for
the want of a proper Jail In the coun-,
ty where the conviction was had, au
thorizes the imprisonment In a Jull In
another county.
By authority of sections 2166 and
216, lb., the time of Imprisonment of
persons sentenced to Imprisonment In
the county Jail does not BEGIN TO
RUN until they are received at the
Jail by the proper officer, and any
time that prisoners are voluntarily ab
sent from the jail does not count on
the time of their imprisonment.
When a person Is sentenced to Im
prisonment In the county jail for any
period of time, It is done to punish
nim lor the. . commission of some
crime. The imprisonment is to be In
the Jail, BECAUSE IT IS PUNISH
MENT. In thla case, Gardlnler was
sentenced to imprisonment In the
county Jail for a period of ten months,
He was not sentenced to work or loaf
about the sheriffs office or about
town or to work on the roads. The
record In this case shows that Judge
Crawford, on the 22d day of July last,
discharged Gardlnler, on the petition
of the district attorney, on the claim
that Gardlnler had worked In the
sheriff's office 27 days and had work
ed at rock crushing or road work 92
days.
The record seems to recite that
some person promised Gardlnler $5.00
a day for such "work" and had agreed
that he should be allowed on his ten
months' sentence, one day for every
12.00 of these supposed "earnings."
In other words, that he was to be al
lowed two and a half days for every
day that he spent about the sheriffs
oftlec and elsew'u re outside the jail.
iy this method of calculation. Judge
Crawford decided that his time was
out and discharged him. Just how
27 days plus 92 days can make ten
months would have puzzled most peo
ple, but by multiplying them by 1
the desired result was obtained. If
, the judge had allowed him 10 days
for every day he spent In loafing out
side the jail he could have let him
out even at ac earlier date. The rec
ord seems to Imply that there was
some sort of contract that Gardlnler
was thus to be released, but ail such
supposed contracts are contrary to
law, and void. If Gardlnler was not
kept in jail at all as seems probable,
he was not entitled to be allowed any
time at all.
If he had served out his time, why
was It necessary to have the district
attorney petition the court to dis
charge him? I do not believe that he
really served a day In Jail, and that
he was discharged without having
been punished at all. I hear thi.t
Judge Smith 'was asked to discharge
him and that he refused to do It, and
then Judge Crawford "took the bull
by the horns" and turned his client
loose, as the record shows. Judge
Crawford deemed himself disqualified
to try Gardlnler, because he was his
attorney In this case before he1 was
appointed Judge, but he boldly as
sumed qualification to discharge htm.
Can some one tell me when he ceased
to be disqualified? That rule of Judl
clay ethics that constrains judges to
refuse, to sit In matters In which they
have been of counsel was cast to the
winds In discharging Gardlnler. But
this case seems to have been "sul
generis" In more respects than one.
Why was the law not permitted to
take Its courso In this case as in
others? Why was Gardlnler, the
convicted official grafter,, not kept In
the jail ten months as the judgment
of the court and the law required? I
do not know. , Certainly the law waa
pot obeyed. j
The pardoning power . Is rightly
vested In the governor, not In the cir
cuit court. The court has no dispens
ing power In such a case. It Is the
duty of the court to hold the scales
of Justice equally and with Imparti
ality, and to show no favoritism to
any one, whether he be rich or poor,
whether he have friends, or be with
out friends. The law Is the measure
of the rights of all, and every one has
an interest In seeing that Justice is
meted out according to law.
Every citizen of this county has the
right to protest against such a pro
ceeding as that above referred to, and
to ask that some authority of law be
shown for It, If any exists.
WM. M. RAMSEY.
Place Your Surplus
Funis With ttie
Iraders
NATIONAL BANK
Comparative Statement as Made to the Comptroller cf
the Currency
September 6, 1900, Deposits. 1179,5524.05
September 30, 1901, '.' 156,108.60
September 15, 1902, " , 194,041.94
September 9,1903. " 226,904.70
September 6.1904, " 184.443.64 -
June 18, 1905. " 141,879.65
June 18, 1906. " 143,225.34
' June 21 1907, " 218,731.09
.... - '
Ws pay you Interest on your Savings Bank Account.
. No Interest paid on Checking Accounts. -
We are prepared to handle any Banking business entrusted to uj with
car, promptne and safety. .
- With SO years experience in Banking we are confident wt can give you
atisfaction. '
Your business ii appreciated by it officers: .
J. W. SCR1BER. Cashier
JOSpPIl PALMER, President
G. E. McCULlY. A. C
'' eeeeef ..
I ''Money in the Bank"
It's a sort of password to a man's reliability In the business
f'M . At the La Grand e National you have the advan-
X tage of a big and atrong - Institution wiiuw yoUw U t: Z"'
f the same careful consider atlon to the smalle depositor
at to the largest. Along these lines thla Bank Is increas
ing Its deposits every day. We should like to have yours.
CAPITAL $100,000.00
SURPLUS 50,000.00
UND. PROF. 25,000,00
l GEORGE PALMER, Pies. W. L. BRENHOLDTS, Astft CssU.
t J. M. BERRT, Vto-Pres. B.C. WILLIAMS, Ind Ass't Cash.
I F. L. METERS. Caahler.
I ' DIRECTORS. ,
F. M. Byrktt, 3. M. Berry A. B. Conley, F. J. Holmes, a
i C. Pennington, George Palmer, F. L. Meyers, Geo.
L. Cleaver, W. T Brenholts.
I La Grande National Bank
t UNITED 8TATES DEPOSITORY
CaU for Bids.
Notice Is hereby given that the
county court 01 Union county, will re
ceive sealed bids up to 1:30 o'clock
p. m., Wednesday, the 6tli day of
February, 1908, for supplying Union
county with 125 cords of fir and ye'.
low pine wood, to be cut t feet ft
Inches in length and to be piled n
the base.nent of the court house at Li
Grande, Oregon.
The oj'j"i teHe"" the right to re
ject any or t!l !
J. B. CILHAM,
1-7-2-4 County Clerk.
A Novel Soclul.
An ,end-of-school social will be held
on Friday evening at the home of
B. G. Frltta, under the auspices of
the Epworth league. Characteristic
"speaking" and songs and an old
fashioned "spelling bee" will be the
order of the evening. Dinner will be
served. Plates, 10c.
Th Blue Mountain Cough Syrup
Is not a new mixture for a cough. It
Is an pld standby for coughs, colds,
la grippe, whooping cough and sore
throat. For sale by Red Cross drug
store. , tf
SIEGRIST & CO.
JEWELERS AND OPTICIANS
We wish to call your attention to our
REPAIR DEPARTMENT
We are better prepared than ever to . do
first class work. If you have a watch
that does not give you satisfaction, oring
it to us and we will guarantee we canflx it.
Diamonds reset or mflunted in new mount
ing is one of our specialties.
All our work guaranteed and promptly done.
Vi e will save you money
1 SIEGRIST & C O
t JEWPLERS AND OPTICIANS
j Home Madej
CANDY I
Better than Ever
FRUITS
NUTS
CIGARS
I SELDER
! CANDY I
! STORE!
AAAAAAAaVAaVsSI
Blue Mountain Creamery Co.
The law requires mllkjto test 3.2 per cent.
Our milk Is guaranteed to test 5 per cent '
Our sweet cream Is pasteurized. thereby In
suring purity.
Sweet Milk
Sweet Cream
Butter Milk
5c a quart
25c a quart
10c a gallon
Blue Mountain Creamery Co.