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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (Sept. 29, 1909)
0 VOLUME VIII LA GRANDE, UNION COUNTY, OREGON, WEDNESDAY, SEPTEMBER 29, 1909. NUMBER 293. i I PEARY'S ATTACK FULLY OUTUHEB tflLL BE PUBLISHED WHEN . PEAKY CLUB 0. K. COMES So Tampering "With Facts In The Charges, But Bywords May lie . Dropped Out When Perused by Peary Hull Officials Peary Muli Frcsldeu' Says he Policies J'!ii l'ubiic t ill Adopt J'fary's Charges ' as Correct-Not too Fierce'' P.e port. BAR HARBOR, Maine, Sept. 29. President Hubbard, of the Peary Arctic club, has announced today that Commander Peary's charges against Dr. Cook were ready for submission to the club, and after they have been gone over thoroughly, they will be published. Speaking of the report today, Hub bard said: "It is possible that the officers of the club may think some of Peary's statements are too fierce. In such an event the explorer will be asked to modify his language, but as far as facts go, nothing will be done to detract from Ha force, and noth ing added to it. The report will be just as much Peary's statement of the case, as If the members hadn't made minor suggestions. I believe all the statements made by Peary In his arraignment of Cook, are true, nA will Ka e orronfDf1 J1C. f - Doubles Its Cnpital. NEW YORK, Sept. 29. At a special . i a i i C" 1 FTnlnnliAnA meeting or me .New ium iciuuuc company, the chief subsldary of the Telephone Trust, the capital stock was increased from $50,000,000 to $100,000,000 In order to bring a num ber of subsidiary companies, includ ing the Bell of Buffalo and the New York and New Jersey Telephone com pany under one operating head. V"OUWANTASUIT HERE YOU CAN BE SURE OF GET TING GARMENTS NOT ONLY COR RECT IX EYERY FASHION DETAIL BUT FAULTLESS IS WORKMAN MANSHIP AND PERFECT IN FIT. THAT IS BECAUSE THEY ABE BUILT BY THE BEST CLOTHES MAKERS IN AMERICA. COME EAR LY WHILE THE ASSORTMENT IS COMPLETE. VALUES $10, $15, 13, $20 AND $25.00. o VER COAT MAGNIFICENT OVERCOATS WOKD BUT NOT TOO BIG YOU OF OUR LINE, ANY SHAPE, SIZE OR STYLE TIIAT YOU MAY WANT WILL BE FOUND HERE. PRICES $8.00, $10.00, $15.00 AND UP. ULSTERS YOU WANT' A GOOD STYLISH COAT FOB THE RAINY SEASON. WE HAVE THEM AT PRICES THAT ARE IX REACH OF EVERYONE. PRICES, 110.00, $12.00, $18.50, $15.00 to $22.50. ROYAL TAILORS WE ARE AGENTS FOR THE ABOVE WORLD WIDE, MADE TO MEASURE CLOTHING. 4 si The rair Liquor Dealers Gather. NEW YORK, Sept. 29. The largest convention ever held by the liquor dealers of this state, opened here to day and will continue three days. An organized plan against " the proposed measures of the legislature disadvan tageous to their Intereseta will be formulated by the dealers. No Hope For Zeller. TRENTON, N J., Sept. 29. Walter Zeller, of Vineland, N. J., convicted of the murder of his grand-father made an appeal to the Board of Pardons today to have his death sentence changed to life-iuiprlsonment, but the circumstances are such that It Is not believed his appeal will be granted. New York's Cheap Hides. NEW YORK, Sept. 29. The new 1-"' Iir.'.ltl;i iuiua iu uo e liaised lur motor cabs, which the taxi-cab com panies have fought so vigorously, wont into effect today. In future the legal rate will be 30 cents for the first half mile and 10 cents for each succeeding quarter of a mile. E INNOKO COUNTRY RIVALS THE DAWSON STAMPEDE. Many Stories of Remarkable Wealth In Bhj'Poy Streaks. FAIRBANKS, ALASKA, Sept 29. A stampede is now In progress to the Iditarod country which Is promising to rival the rush of the early days to Dawson. Hundreds of men are rush ing to the new diggings. The steamer Reliance has Just arrived from Innoko and reports the finding of very rich placers in Otter 'Creek, to which sev eral thousand miners have gone from Fairbanks. The pay streak i3 outlined as being a mile In length and fully 000 feet In width, running on the av erage at three cents a pan and as high as f 1.50 to the pan. A BIG TO TELL . fc COPYRIGHT. 1908. 6RANDC0CC KMCAIO it ATTRACTS -J-A yjfeh iijlf : ' 1; iJ M $ ffit a PRE 0 NT DINES M TEA PREFERS IT TO CROCKO- D1LE AND FA'CY DISHES Ills Future Programs Have Been Cut to The Bone President Still Ex. asperated Oier Extra Work Being Forced Upon Him by Committees at North Yakima This Morning Last Sight he Openly Expressed His Displeasure With Habits. ' (Iiy Hazard, United Press Corres pondency NORTH YAKIMA, Wash. Sept. 29. "Bear meat is better than crocodile." President Taft made this declaration tonight at a game dinner given at Hayden Lake by the business men of Spokane. "I am glad to testify that one's Internal machinery isn't as bad ly stirred up after a meal of cub bear aa it Is following a repast on the crocodiles we have In the Philippine Islands." On his return journey Taft jas ac companied by Governor Brady of Idaho; Senator Jones, of Washington and other prominent men of Idaho and Washington. A roar of laughter was raised when a practical joker ap proached Ballinger, with a spread eagle speech and presented the sec retary with a bouquet "from Chief Forester Pinchot." Ballanger was somewhat flabbergasted at first but entered Into the spirit of the fun and came back with a speech of thanks. Taft arrived here at 5:50 a. m. After the president's train arrived here this morning, orders were sent ahead on the president's itinerary to cut all of the program to the bone. Taft's patience became exhausted at the cheeky manner In which the local committees in the various cities he has visited have enlarged his labors by adding speeches, hand shaking, (Continued on page 5.) BY ftCa i. t' A: licenses i IIBEER LEEAL ATKINSON' MUST STAND TRIAL HERE NEXT WEEK (Ircuit Judge Knovvles Rules In Lengthy Decision That Nearbeer Must be Proven Intoxicating Before it Can be Termed so Important Ruliugs Made City Has The Right to License Nearbeer Joints Saving Clause Is Missing. That Ralph Atkinson, convicted In the city court on the 10th day of Au gust on a charge of selling Nearbeer without a license, must stand trial, was the effect of a ruling handed down his afternoon by Judge Know les The defendant appealed form the city to the circuit court and his at torney, a few days ago presented a motion to have the action dismissed. In support of the motion to have the case dismissed Judge Ramsey argued that the city council had no right to license Nearbeer because It Is an intoxicating liquor; that li censing its sale is not licensing a trade or calling; that the city ordin ance under which Atkinson was con victed has been repealed with a sav ing clause; and that the term "Near beer" Is not defined. The substance of the ruling handed down by Judge Knowles is that the ordinance is upheld and that the city has the hight to license Nearbeer, that the allegation that Nearbeer is intoxicating must be proved, and that the annealed case must come up for trial at "this session of the circuit court. In substance the ruling is as follows: It Is contended by the counsel for the defendant In support of the mo tion, that the Ordinance under which the defendant was convicted, Is void upon the ground that there Is no sum dent provision in the charter, autho rizlng the council to pass such an ordiance; that the ordinance is un certain because It provides for a li cense for selling Nearbeer and fixes the amount of the license at $100.00 per year. For the court to hold that the or dinance Is void because it provides for a license fee of $100.00 a year, when the Etate law provides that a license for the sale of , Intoxicating liquor shall in no case be less than $200.00, would necessitate the court assuming that Nearbeer la an intoxi cating liquor. While the word Nearbeer la a word o frecent coinage, yet It has a distinct meaning from lager beer. Lager beer denotes an intoxicating liquor and Nearbeer a non-lntoxicatlng liquor. Neither do we think the objection that the ordinance is void because there is no authority in the city char ter under which the ordinance was enacted to authorize and empower the council to pass such an ordinance tenable. Sub-division 38 of section 35 of the charter, under wlhch this or dinance was enacted in defining the powers of the council provides: "To license, tax and regulate such callings, tradeB and employments as the public good may require to be licensed, taxed and regulated, and aa are not otherwise prohibited by law." Now the selling of Nearboer Is a calling, trade and employment, and while we believe that counsel for the defendant is correct In his contention that the city council must have ex press authority under the charter to pass an ordinance for the !' rising of the sale of Nearbeer. ' we also believe that the for' :. provision of the charter of the City of , Grande gives full, ample and com plete authority to the council to pass the ordinance In question. Again It is contended by counsel for the defendant that the ordinance under which the defendant waa con victed in the Recorder's court Las ; J been repealed, and that there is no i j saving clause in the repealing ordin ance, and therefore this case cannot be prosecuted on appeal in this court. As has been stated the defendant . was convicted in the Recorder's court on the 10th day of August, 1S09, and ' on the same day filed his notice and ' undertaking on appeal to this court, ! and on the 8th day of September, I 1909, the transcript on appeal waa j filed In this court. On August 4. 1909, the city council of La Grande passed Ordinance No. 432, Series of 1300. i which ordinance expressly repeah j Ordinance No. 403, Series or 1909, the ' ordinance under which the prosoi ti-! tion was instituted, and provides that : said ordinance No. 432 ehall take ef-, foot C(.(i,iVn. " - ' of Ordinance No. 432, section . 1 of Ordinance 405, is re-enacted In almost ; the identical language of section 1 of i Ordinance No. 405, the section that ' defendant Is charged with violating,' j excepting that section 1 of Ordinanc e j 432 leaves out the exceptions be: ale and porter contained in sectloi I of Ordinance 405, and provides thiit J the punishment for the violacoL- j tiereof may not be less than twenty five days and not more than fifty days imprisonment in the city jail, instead of not less than twenty five days, nor more than seventy-five imprisonment in the city Jail as pre cldeci by Ordinance 405. As ha3 been Btated section 1 of the repealing ordinance is substantially the same as section 1 of the ordinance under which this action was institu ted, and therefore under the above authorities, we feel justified In hold ing that by the simultaneous repeal of Ordinance No. 405 and the taking effect of Ordinance 432 the courts have lost Jurisdiction of this action. Again It is ably contended by coun sel for the defendant that the com plaint is insufficient because it does not negative the exceptions set forth in the enacting clause of Ordinance 405, and in section. I of said ordn ance. Section 1 in effect provides that no person without first obtaining a li cense therefore Bhall sell or dispose of any "Nearbeer, maltlna, or malt (Continued on Page Eight.) PERFECT TOUR mucin's ip GREAT CONCOURSE WITNESSES WRIGHT'S FEAT. Aviator Has Perfect Control of nis Machine on tour. NEW YORK. Sept. 29. Darling through the air with terriffic speed and with ease on the Grace "Seagull", Wilbur Wright today gave the Im mense throng assembled here for the Hudson-Fulton week a rare display of his skill as an aviator. The fact that It wa fla public fight and no! a gov ernment test gava the exhibition the distinction of being the first, flight of the great American air ship before the American public. ' The Goddess of Liberty In the har bor was the point chosen as the goal of the Seagull and Wright mado a beautiful circle around vl etarue and aroused the vast multitude of on lookers to wild enthuslasni. In his (light, he rose from Governor's Inland with ''' T,,"Mn under perfect con tii.I. board -.d gracefully into the sky, turned out over the harbor and made for the statue of the Goddess of Lib erty. His machine glistened in the sunlight lika some enormous bird and as he turned toward the harbor the thousands of spectators cheered and the Bteamer sirens blew a welcome to their competitor in the air that went rolling oft down the harbor for miles. The motors during the Alight worked perfectly and the speed of the ma chine was simply tremendous. SETO WORLD-FAMOUS INDIAN SITTINGS ON EXHIBIT Local Fair Committee Captures Three Pf izes at Peudleton Fair For Local Show Next Week Notel Indian Pic tures Brought Through Instrnmen- iitmtne . f - ' - uvuBu lumen renaie ton Fair Passed The Experiment Stage Big Crowds. Several of the most spectacular and educational features of the Pendle ton fair now In progress, will be hero next week aa a result of the efforts of the Committee which visited Pen- dleton to see their fair In operation yesterday. Lee Moorehouse, whose Indian relics and photographs have , made hlui famous the world over, will ' have hla wonderful collection here and will be here In person with It This collection from a money consid eration would not be considered by Mr. Moorehouse, and had it not been from the fact that George H. Himes, secretary of the State Historical so-" clety ,was to be with us during fair week, he would not have come. These two Oregon history collectors are very warm friends. The other exhibits secured was a display of gasoline engines by the Nesbett company, which shows the workings of a pumping plant around which great crowds are constaniy gathered.. Another was the display ol . Flniilan' blaakets, manufactured by the Pendleton woolen mills, The Pendle ton business college will In all prob ability have a display. The commltttee was received in open arms by the managers who did everything they could whereby the Union County Exposoltlon might profit by their experience. The Pendleton Fair. Everything was in shape and In perfect working order . yeBterday, be ing the second day. The exhibits were all in place and there were so many horses on display that capacity room was over taxed. Today the stock will be Inspected and prizes awarded. Last night was Red Men's night, and that order made a parade through the streets, decked out in their Indian costumes, with floats amid the red and blue lights on the streets. It made an Imposing scene and thou sands of people followed them Into the fair. As the committee left the grounds at 11 o'clock, Secretary Fitzgerald stated that while he had not yet had time to check up the gate keepers more than 3000 admissions had been recorded during the day and evening. McElroy's band of 25 pieces la fur nishing the best music that has ever be In Pendleton and Is one ol the chief attractions of the week. The agriculture, horticulture and stock displays reflects credit upon both Morrow and Umatilla counties and especially to the enthusiasm of the farmers, who mado such an ex hibit possible. The city was filled to overflowing. Every hotel and lodg ing was filled and some who were not exceptionally good rustlers sat up last night. Pendleton has passed the ex perimental point In her fair history and It grows with each succeeding year. Ronnoke Vollnar on Liquor. ROANOKE. Vt., Sept. 29.-Com-plalnt with a recent order of Judge Staples, a local option election lo be ing held In this city today. Although they could not postpone it the "wets" have appealed to the Supremo court from Judge Staples' decision declar ing that anothe rlocal option election within two years is a violation of the law. II! til PICTURES i I. I: h, tV: lii