VOLUME 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' : . . -.- - -. . -.