La Grande evening observer. (La Grande, Or.) 1904-1959, December 19, 1908, Image 1

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La Grande evening observer., December 19, 1908, Image 1

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Newspaper Page TextVOLUME VIll LA CMtA HDE UNION OOUNTT, OREGON, SATURDAY, DECEMBER It, 1008. . " NUMBER M. V HOESCH CASE IS TO EE APPEALED i test case regarding LOCAL OIHOX IX UNION. Grant County Case Actuates Local Brewer to Action Again More of Original Case Butter Tent ' Cuno Than Anderson Trial Will B Final The sensational case ot. Julius Roesch against the county court of Union county, where an Injunction was sought enjoining; the court from declaring: the local option law effect ive, but was overruled by the circuit judge. T. H. Crawford, will be ap pealed to the supreme court. This startling Information Is the outcome of a visit to La Grande yesterday of Attorney B. F. Wilson, Roesch'a attor ney, when the litigation was com menced, and the decision of the su preme court in the acse coming up from Grant county. Originally, the -plaintiff contended that because Sher iff Chllders had failed to do his duty In posting the notices of a local option election, the law was Invalid. The time limit for filing an appeal has not expired, hence this action. This case, when acted upon by the high court, will settle all dispute as to what the sheriff's negligence will mean to Union county. In fact It will he a better test case than the Ander son case. RAP XMAS TREES UNDERWRITERS WILL PREVENT FIRE LOSSES. No ClirlHlma Tree In Kew York If I'ollcyhnWcTs Value Their Protection Kays tlio Board. OTWsse New York, Dec. 19. The board of fire underwriters of this city has set their official faces against Christmas trees. It has Issued a circular letter stating, "Holiday and other decorative displays are not approved by the un derwriters," and that If machines or other Inflammables are Introduced Into residences, and public buildings where policies are held, extra hazard will render the policies void. KDOIVLES DENIES MOTION TO INVALIDATE LOCAL OPTION LAW ANDERSON CASE REPLETE WITH KXHACsTIlE ARGUMENT8 TO OFFSET WILL OF THE PEOPLE. JEOPARDIZE PULLMAN SCHOOL. II Approbation Money Is Not Let Let Loose College Will Close. Olympia, Wash., Dec. 19. The su preme court today has under advise ment a petition of mandate filed by the regents of the State college at Pull man to compel the state treasurer and auditor to honor orders, of the regents for1 an amount of money In excess of the sum appropriated by the last legis lature for the Institution. In support the regents say that unless the money Is obtained to pay bills, 1200 pupils will be dismissed and the institution will be closed. ' -. DO NOT KNOW THE WAR IS OVER "Skin Game" Work Well With Con federate Money In Bollingham. Belllngham. Dec. 19. That there are still "easy' marks" left In Belllng ham, was evidenced by the success of a well dressed man In passing Confed erate currency at several places In this city. The victims, most of them mer chants, tried to keep the story from the newspapers, but the secret service men, failing to locate the stranger, let the news leak' out. The man passed the first 110 Con federate bill at a dairy station, receiv ing change In good money. He bought a loaf of bread with another, received $9.95 in change. He returned to the baker) and passed a $20 Confederate bill. The bill bore a stamp of the Bank of Georgia, dated 1800. CHILD'S LAST NOTE. Sends Christmas Greeting an Honr Bo fore Her Death. Catto Gooe to Jury Tills Afternoon If Allowed It Would Mcim Serious Mlxi up In Union County Case Could Not Have Item Apixalcd by the State Deep Anxiety During Period That Court Had Matter Under Conld cratlon The Grant County Caee Is Fur-Reaching hi It Effect Libera! Extracts From the Opinion. . After listening to an exhaustive ar- Nevertheless, he denied the motion, gument by Attorney C.H . Finn In Had Judge Knowles decided that the support of a motion for a directed ver-, law was Invalid grave- complications diet of acquittal In the Anderson whls-j would have followed. It seems as thlf ky case, on the ground that according ! caBe permitted of no appeal by the court In the Grant county litigation, there waa no local option law In Union county. Judge Knowles today denied the motion., The court,- In deciding this motion, stated In general terms that each su preme court case was decided In a great measure upon the conditions sur rounding the case at Issue, and that the court In that case had recognized i the small majority In favor of prohibi tion, and that In some precincts In Grant county no notice whatever had been posted, and that In some the re quired number were not posted and In others the required length of time had not been followed. That In Union county the only serious Irregularity was In Kamela precinct, where only three notices instead of five had been posted and that the records showed that the registration In Kamela was 88, the highest vote cast for any coun ty office was 35 and that 31 votes were east on prohibition. The majority In Union county being so large that the entire vote of Kamela precinct would not have changed the result In thi least. The court held In view of this su preme court decision he was doubtful as to hla position, and It was a grave Seattle, Dec. . 19. Ruth Weaver, aged 8 years, a pupil of the Mount Carmel mission, died here this morn ing. Less than an hour before her death the little one wrote a ChrM.uas question as to the Jaw of the higher note to her mother, who resides - Vu rvrl; however, he felt constrained to coma. At this time she was app.;;-.-r".-1 dpclo-" -ay legislative act or a law de ly enjoying the best of health. She j ciur-.U by the people void, especially was suddenly Btrlcken and despite the I when this very case had been decided efforts of several physicians, died ofj by his predecessor and held to be good what the physicians describe as con- That decision, however, was given pre gestlon of the brain. ' . vlous to the supreme court decision. Bargains in Ready-made Goods Prices Cut in Two. Last of the seasons ready made goods must be closed out regard of cost Our stock is being reduc ed very rapidly ladies' Suits We have only a few ladles' Suits IcTi to be' closed out at ridiculously low prices. 1 $15 black Serge goes at. . . . .'.$4.95 1 $12.50 black Serge goes at . . 1 $25 00 black Cheviot goes at 1 $18.60 black Cheviot goes at 1 $47.60 brown stripe goes at . ..$2.35 ..$9.85 , .$0.85 $28.85 Millinery All ladles' Trimmed Hata Half Price. . V $10.00 Hats, to close, at $5.00 $8.50 Hats, to close,' at $4.25 $6.50 Hats, to close, at $3.35 $4.00 Hats, to eloee, at $2.00 $3.00 Hats, te close, at ....... .$1.00 ladies9 Waists $8.60 wool and silk Waist, reduced to $8.50 all-weol and silk A'alsb), re duced to $2.95 Wash Waists, let 1, reduced to . . . .c Wash Waists, lot reduced to . . . .$1.05 Misses' Coats Our stock of Misses' Coats is very large and we have decided to make prices that will more them. ' Lot 1 Children's Coats, valuo-j to $3.50, at $1.00 Lot 2 Silases' Coats, values to $6.50, ages to 14 years $3.85 Lot 3 Misses' Coatfi, values to $8.50, ages to 14 years ......$1.85 ladies' Skirts Tou know our reputation on the famous "Beverley Skirts." To buy these at the prices we are offering them is surely an Inducement. Skirts, in value to $5.00, to close $1.B5 Skirts, In value to $8.50, to close $4.85 Skirts, in value to $12.50, to close at $7.85 I adies' Coats Lot X Ladies' Coats, values to -$10.CC ....$2 50 Lot 2 Li dies' Coats, valuea to $15.00 $485 This Is a reminder. If you want a coat, decide quickly. La Grande, Oregon. state had the decision been otherwise and things would have been In utter confusion. The Anderson case has Involved the legality of the local option law In Union county. When the case was first commenced' no one thought for a moment that the Issues Involved would become so far-reaching. This was made possible by a recent decision of the supreme court In the Grant county case, which In many respects Is Identical with conditions In Union county; wherein. In both Instances, the sheriff failed to comply with the law In the manner of posting the no tices of election. Copious extracts from this decision we publish herewith: The theory and language used by ihe supreme court In this decision are strongly In favor of a strict conformance of tho detailed legal requirements leading up to the election. If this Is laid down as a fun damental principle ot our supreme court. Irrespective of conditions, few attorneys In this city believe that our local option law will stand. However, In the writing of this de elsion, the court leads out with tht statement: "The election resulted In i small majority in favor of prchiM lion," ttn closes with the sentence, "It Is said ihat no substantial Injury resulted' In the. case under considera tion from the failure to post notices as requested by law, but this case never be known. There was, in fact; less GIRiiLt THE GLOBE GERMAN 8TEAMSIHP CO. HAS STUPENDOUS PLAN. Added FalUi In Story That German . IJo.vd Sunnier Will Fall Fnmi New York t!i 'Frisco to Ortrnt. Ran Francisco. Dec. 19. The plans of the North German Lloyd Steamship company to make a line world glrdllng service, received added Impe tus today with the unofficial an imnr'ivi'i.nt that the company's offt "' :vv i.egotlatlng with the Western fucific railroad for a traffic agree ment on trans-Pacific freight. The company announced that upon com pletion of the Panama canal It will operate steamers from New Tork to Han Francisco, and thence to the orient 1 Anuernon la Aot uuilty. v The verdict of the Jury in the . 4 Charles Anderson whisky case is "not guilty." The decision was reached after less than two hours' deliberation this after- noon. On the stand Anderson swore that he never sold Mc- Dowell liquor, and was corrob- 4 orated by Ben Cotncr, who said he was In the saloon that day and assured the Jury that An- derson did not sell the liquor as charged. The Stevens case, a similar suit- against a Summer- vllle man, Is now on trial, a Jury having been empanelled. votes cast on the qeustton of prohlbl tlon than for some county offices." The above language strongly .show that the court knew that the vote wag very close and In fact, less than cast for other men and measures. Tin facts are that Grant county went dry by only 22 votes, and that there wen errors In several precincts. There car. be little question but what the court opinion in the Grant county case un der the conditions at the last election is sound, legally. What the court will do in Union county when the case goes before him, remains to be seen. Error at Kaiuola. Kamela precinct. In Union county, is where the greatest error exists. The notices were not legally posted. The vote in that precinct shows that 31 votes were cast for prohibition, while the highest vote for any county office was 35; for some offices 34, 33 and 27. The facts are that In every pre cinct where Irregularity occured, the total vote of (.hese precincts could be counted agRinst prohibition and the total majority in favor of prohibition would yet remain several hundred votes. The conditions in Grant and Union counties are widely different and what might be sound law In th one county, might not be in a--"!;e.-; if the actual conditions arc ijkiti Into consideration. Extract of TV- i i;,n. Appeal from the circuit court from Grant county, wherein a suit against the county Judge and commissioners of Grant county to enjoin and restrain them from making an order prohibit ing the sale of Intoxicating liquors In accordance with the result of an elec tion held therein on June 1, 1908. . . . The county clerk Issued and deliv ered to the she-lff the requisite notlcrr for such election, but none were post-J ed in one precinct; In another the no tices wore posted for only 11 day; In another the notices were posted for only 10 day before the election; and In still another, but three notices were posted, and those for only eight days (13 days being required by law). The election resulted in amall majority In fayor of prohibition and suit was brought by a firm; C retail Uqaor dealers for the purpose of testing the law. , . , The right of plaintiff to maintain the suit is settled by Marsdon vs. Har locker, 46 Ore., 90, and by the recent case of Hall vs. Dunn, and therefore the only ' question-necessary for our consideration at this time Is whether the election waa Invalid because of the failure to give notice thereof as re quired by law. The local option law provides that whenever a petition signed by not less than 10 per cent of the registered vot ers of a county shall be filed with the county clerk, shall order an election; . . and at least 20 days before election the clerk la required to deliver to the sheriff "of the county, at least live notices of the election for each precinct, and It la made the duty of the sheriff at least 1Z days before election to post said notices. In public places in the vicinity of Ahe polling places. , The courts are practically unanim oub that where the object of nn elec tion and the time and place are pro vlded by general law, the requirement as to notice Is directory and a failure of the officer charged with the duty of posting such notices will not Invalidate the election, and It seems equally as well settled that if the time of the elec tion is to be -fixed by some public au thority, after the happening of some condition precedent, or if some special question Is in like manner to be sub mitted to the voters at a regular elec tion, the law authorizing such election, or the submission of such question, and providing for notice thereof,' must be ntrletly followed. The reason for this distinction is that eevry voter is pre- umed to know the. law and Informed hs to time and place of officers to be elected, or matters to be determined at general election: but when the elec tion Is not held in pursuance of such a general law or some matter not pro vided' In such law, this presumption does not arise and the law authorizing mch election or the submission of such ucstlon must be strictly pursued and the required notice given. This Is the rule announced by this court in Mars den vs. Harloeker, as applicable to an election under the local option law, and while the question was not directly In volved in that case, what is said In the opinion In reference thereto Is borne out by the authorities. . . . It is said that no substantial Injury resulted In the case, under considera tion from the failure to post the no tices as required by law, but this can never be known. There was, in fact, less votes cast on the question of pro hibition than fur some of the county offices, and there Is no means of de termining how many voters did not at tend the election who would have done mo if they had been advised that such question was to be submitted. The decree of the court below is reversed ind are entered here as prayed. ROBERTS BUS HE HAS RESIGNED DAkLLK city PAPER PICKS , SUCCESSOR TO RECEIVER. Roborts Again I'nalilo to Attend to lllx Work and la Given Two WeckV Furlough Kiupliatk-ully Dcniee He la Going to Ketttgn Uiuible to Leave Bod. ' ' ' Notwithstanding reports from vari ous sources to the contrary, A. A. Rob erts, receiver of the land office, de nies that he Is going to resign. , Whe seen today to verify the rumor,, he af firmed that he Is merely' out on a two weeks' furlough whtle he recovers hts health. Last evening he was fore ed to take to his bed and la still In hlav room at the Foley, unable to be out The Portland Oregontnn this morning; prints a story that Roberts has re signed. The rumor was taken- for granted at Baker City and the Heraldl rprlnta this on the strength of what It ha heard; .j.;,- Not since there seemed to-be a pos sibility for a federal district In eastern Oregon have local politicians been stirred to activity so much as they are today In getting support for Woodson L. Patterson, who seeks the landofffr appointment at La" Grande, whit-h place will probably be-left Vacant be cause of the resignation of Al Roberts. ' Mr. Patterson Is recognised as one , of the bright, honest young republi cans of the state and It la believed that he can win. All factions of the re publican party In Baker county seem to be for him and' telegrams- are being: sent fn quick succession by men here, urging senators and congressmen to line up for Patterson when the ap pointment Is made. " ' There seems, to be a belief that tk placo should go to Baker county and that is one of the reasons there Is such ardent work being done. Mr, Patter- son has the distinction of-cementing alt politicians here to' hla cause, as there is not an- objection from any source. ' Prepare- for IimugnraJ. Washington,- Dec. 19. Fairbanks today announced the senatorial com mittee of Senators Knox, Lodge and Bacon to co-operate with the house committee in making preparations for Taft's Inauguration. C Ml Nt-rvk Meeting. Pittsburg. Dec. 19. After a two lays' discussion of various measures, the National Civil Service Reform league brought its annual session to a -loe today. The delegates are Jubil ant and declare that the reforms ad vocated by the league will soon be ac cented in all departments of national and state governments. Dlea From Tnnre. La Porte, Ind. Dec. 19. Fran Hannum, of this city, died today at Seattle, Wash., of Injuries received In i football game. He was t( yean old. y Railroadcra Get Damage. -Portland, Ore., Dec. 19. The, Jury In the case of George Light, who suedf the Southern Puclfio for $20,000 dan. ajEros for personal Injuries receive several years ago, returned a verdtft giving him $lSt,500. "He was workuogr aa a bridge repairer and was struck- by a projecting timber on a freight train. The cars cut off his leg. AMERICANS TIIREA'TENEJp; Boat Load of Jackie Landed l,Qurit - Disorders In Foreign PoK . New Orleans, Dec. 19. A Ivtter pub. lished In the New Orleans? Picayune from Puerto Cortes, Spanish HondM- ras, tells of mutiny by' drunken soN dlers last week, which threatened tho Uves and property, of Ajnerlcan eltc tens living there. In urder to. quels; the disturbance a .boat load of Blue- Jackets from the United States- gun boat Dubuque was lattded. ' The- letter states that 50 native soldier startnee to shoot up the town and t that) th. American consul, Brick Wod, Jr.toole hts life In his hands. whn he- men among them and; warned. Miem- that kf they offered any violence to, AnwDlciwj. -that swift vengeance front, the United States war veeels, whMv were Ve $v the harbor, would be- visited upoi hem. Th. appearance, of tho Bbe jackets necewary- tu bring he disorderly- soldier to. thctr sense, SERIOUS ACCIDENT. Be J- Breaks I ht Three Plwea While- -ContrttnK Today, The J-year-oId son of Engineer and) Mrs. Jay Thompson met wtth a seri ne sti5tatnrd three fractures of the ou accident this afternoon, by which li ft leg between the ankle and knee, it seems that the little fellow wear riding on a bobsled and fell beneath the pole whlc-h pxtonds from the sled to the grid. Dr. Ktchardson reports that the Qncn of the leg are broken. Jn three places, but that he believes they will, knit and that he al'.I recover the uro of the limb. L' : . . -.- - -. . -.