La Grande evening observer. (La Grande, Or.) 1904-1959, June 03, 1910, SECTION I, Image 1

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fill A
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portions of lower court's
decision is upheld
and otiieb sot.
Case Which Created f!onfiiiiArhiA in
terest Several Months' ago When
James Farquharson Was Arrested,
ouna uumy and Sentenced for
Selling Liquor, Has Another Chan,
ter Added to It
Police court sentence against James
Farquharson for Belling, Intoxicating
liquors, handed down by City ' Re
corder Cox several months ago, and
appealed on a writ of review was
sustained in a lengthy decision hand
ed down by Circuit Judge Knowles
today. On the other hand, an order
emanating from the recorder'
w, unseating ana destrorlne vBeVri
t barrels and cases of. high grade li
quors, ' is declared by the decision
i Illegal. The decision is an import-
ant one, and is the climax to a series
of trials, Jail sentences, and rather
exciting incidents. Farquharson' was
found guilty, and sentenced and when
his time for appeal had expired, was
jailed In the city prison lor' a short
jperlod. being allowed . his freedom
when the appeal was perfected.; The
opinion in full as handed down today,
- follows:
f In the Circuit Court of the State
- pf Oregon for the County of Union:
James Farquharson, plaintiff, vs. the
City of La Grande, a municipal cor
poration, and D; E. Cox, Recorder of
said City, plaintiff.
The above cause is before this
court upon a Writ of Review to re
view the action of the Recorder's
Court of the City of La Grande, Ore
gon, In sentencing the defendant to
pay a fine of $50.00 for a violation
ty"of Ordinance No. 442, Series of 1910,
y '' In maintaining a liquor nuisance in
' the City of La Grande, Oregon, and
further ordering certain liquors claim
ed to belong to the defendant in said
action in the Recorder's court, the
plaintiff in this proceeding, to be de
stroyed. - . .
It is contended by counsel for "thn
plaintiff that the conviction of the
plaintiff is illegal for the reason that
the record certified to this court does
, j . not Bhow that Ordinance "No. 442, Ser
l ies of 1910 was ever passed; by the
Council of the City of La Grande, Or
I egon. ; .7 ...
; Section 43 of the . Charter of the
I I City of La Grande adopted by the le-
. gal voters of the City June 22d, 1909,
the same being the Charter under
' , X which Ordinance No. 442, Series of
jjY 1910, was enacted In prescribing th8
I duties of the Recorder among other
, . things provides, "He shall keep
accurate minutes of all proceedings
the Council," etc. y , ,: i t
In the case of Portland vs. Yick,
44 Or, 439, the Supreme Court of this
State holds that the courts will not
only take judicial knowledge of th j
passage of an ordinance of a muni
cipality but that they will examine
the Journals of the Council to as
certain If the requirements of the
Charter have been observed
It will therefore be necessary for
this. Court to examine the proceed-
tags of the Council of the. City of La
Grande, to ascertain whether the Re
corder has observed the mandates of
.the Charter requiring him to "keep
accurate minutes of all proceedings
of the Council" so far as this Ordi
nance to concerned. . , A
The complaint alleges that Ordi
nance No. 442, Series of 1910 was
nassed by the Council of the City of
La Grande on the 12th day of Janu
ary, 1910. A copy of the minutes of
this meeting is certified to this
Court by the Recorder as a part of
the Return to the Writ issued in this
case and we find in said minutes the
- "Prohibition Ordinance was read
for information and after consider
able discussion it was moved and sec
onded that the ordinance be read the
third time and placed on its final pas
sage. .The motion carried and the or
dlnance was read the third time, the
(Continued from Page 9.)
Spokane Rescue Home for Children
Scene of Many Deaths.
Spokane, June 3. Impure milk is
blamed for the death.; pf five babieB
at Brittenton Rescue home within a
week. Fifteen others are sick. The
milk Inspector says cows have either
eaten poison weeds or adultorates
were placed in the milk. Arrests may
be made. '
Shlpperson Other Hand Are Preparing
For a Bitter Fight
Chicago, June 3. Railroad shippers
are today completing their plans for
for a : big struggle over the rate
question. Following the filing of a
rate increase by the roads yesterday,
Eastern and Western shippers , are
preparing measures to prevent the
rates from going into effect.
That the senate is with the ship
pers is evident today, too, when the
senate ordered a special committee
to bring samples of 100 commodltlei
that would be affected by the rise.
Orders for Improvement have been
countermanded and it la said that th
Santa Fe is ready to drop 2,000. men
from Us list of employes. '
President Sends Message to Albany,
Oregon Advising Good Roads.
Albany, Ore., June 3.- President
Taft today placed himself on record
as a good roads booster by wiring a
message from the .White House to
Oregon threstaermen who are In ses
sion . at Albany. He said he hoped
their work would result in good road
making and putting Oregon to the
front in this work.
Taeoma Machinists.
Tacoma, June 3. Between 200 and
300 machinists are striking today as
the result of shop owners refusing
to give eight hours laws.
(MM HiV vmng .
ifiiVES mar fins
Southern Pacific Made Defendant in
lt at Portland Which Involve
Title to Forty.flve Million Dollars
Worth of Land Between Ashland
and Portland -Railroad Circles
Contend Land Was Its Very Own.
; Portland, June 3.-A government
brief was filed today in a suit brought
Thursday against the Oregon and
California railroad which is the South
ern Pacific, to set aside grants of
1866 and 1870, at a value of. $45,000 -
(Continued on page 8.)
(1 9 U 111 K
ay at Union-the'sK ffi SSTa
iTa x uiuiovu mis question.'
Am I true to the Grande Ronde Tallev?"
A man' may be true himself, 'true to hiri fimilv
-He re?,0ice at 8llch fas given in S
delight, m seeing the country push Ward kffi
lutely refuse to do his part. etiShis' occurs
cause he matter has not been forcefully brought to his
rotice And that is the purpose of this ediorill
Vnat are you doing to aid your community?
Are you buying stock in some foreign corporation
with your, earnings, when the choicest opportuS for
.safe investment in the world lie right at your door?
Are you buying a residence lot in some addition
to a foreign city when with the same money you could
Sonde i valley payment on a Piece ? Iand in Grande
Are you sending out yourmoney to strangers in
the mercantile business when if you only try yon can
get a square deal with the home man?
: - If you are doing any of these things you arc not
aiding to bmld the Grande Ronde,,but aS.teSiSS
wnSit a d and Cver UitM providence
.These are important matters-subject of the most
vital. interest and it behooves every man to take them
come and think over them. .. f"
Not 'a single town in this valley can live without
the farmers. To take away the support of the people
who till the soil would mean eimty store buildings,
grass m the streets and a true illustration of the "de
serted village.' ' --l: ,:vs;v;-- :,
9n the other and the farmer cannot get along with
out the towns of the Grand Ronde valley. They need
every trade center, which makes this valley one great
community proposition proving conclusively that anv
thing which benefits one portion of the valley benefits
Vi When , it comes to'the campaign for advancement
there is no La Grande, no Union, no Elgin, no Imbler
ior all resolve into one great effort for the Grande Ronde
valley and Wallowa county. '
?v The next time you are invited to invest in anv
proposition outside of this valley remember the pastures
look green far aw,ay, and stick to the bridge that has car
lied you safely oyer, for you will travel miles and never
. wmnuiuiy rt una one ripe, rtead
npe for the investor and the man who is willing to work.
w t urn .
All Whites In China In Danger And
Embassies Hare Been Notified to
Bcware-Triad at Bottom of Im.
pending Bloodshed Because China
Is Now Open to Conimfrce Bomb
Throwing In Japan Feared.
London, June S.-All legations and
consulates of China have been warned
today of an impending outbreak which
it Is feared will surpasa the Boer up
rising.; Missionary societies are de
manding that England Intervene and
save the lives of whit ah in rt,i
- vmua
many pe6ple fro
Chinese revolutionary leaders -have
sent out a warning to the effect that
they will be powerless to protect for
eigners when the uprising starts.
; .: Triad at Work.
The secret society which is at the
bottom of the impending bloodshed,
Is known as the Triad and has Beea
preparing for months for the out
break in hopes of overthrowing the
Manichu dynasty for opening China
to commerce and for Instituting gov
ernmental reforms.
Bomb Throwers Arrested.
Tokid,, June 3. Shusul Lotoku,
the writer, is "under , arrest here al
leged to be the leader of a band of
anarchiBts who are plotting to assas
sinate , Marquis Katsura and . , other
cabinet members.' Several 1 women
have been arrested charged with
making bombs. -
Supervisors, Contractors and .PInm
bers Among- the Arrested. ,
; bcheneCtady, N. Y.. June 3.
"Thirty-seven Indictments are on' flfe
today, Involving nineteen persons as
a result of an extraordinary term of
the supreme court called by Governor
Hughes to iirvetigatJeged . graf
ana corruption in Schenectady couh
ty. The defendants- Include super
visors, ex-supervisors, contractors
and plumbers. Seventeen are arrest
Storms of Protest Go up Front Fans
. Thornghont Country.
Chicago, III.. June 3. Governor Gil.
lett, after branding the - Johnson-
Jeffries prize fight as a fake Thurs
day afternoon, is traveling Vest to
day. "I am sick of tha whole busl-
ness.'r waB his final interview. The
governor's declarations atarted a
storm from fight fans. ' .Sporting
writers comment on the interview
and say the fight will be watched
very, closely. The "governor admitted
that his views aa expressed were pri
vate and not official, as these some
times differ.. ' ,.
Serenty Revolutionists Killed.
Constantinople, June 3. A summarv
execution is today awaiting seventy
leaaers of the Albanian revolts. The
leaders were arrested this ;mornin
in Constantlople, Maons'ti and Salonl-
ke by officers of the Young Turks' re
gime. Other arrests are occurring
and quick death is sure for all who
are caught. .
Marriage License Issued.
The county clerk's office, today, is
sued a marriage license to Zetta B
Williamson and John C. Nlederer, both
of Elgin.
i Goes to Portland.
Roacoe Doane the druggist at the
Hill drug store has gone to Portland
where he will take treatment for his
eyes. ..
Thousands Flock to Union Today to
Witness Inspiring Sights Parade
at One O'clock Is Record Breaker
In Magnificence Union's Glad Hand
Extended to Everyone La Grande
Delegation Large.
Union, June 3. Staff Correspond
enceWith banners flying and bunt
ing festoons on every light post the
etty of Union began their day of wel
come in a aplendid manner. At the
midnight hour last night the mer
chants and shop keepers could be seen
putting finishing touches to the dec
orations. All . business houses pre
sent a handsome appearance today,
hut the feature that overcapa every
thing else Is the Union hospitality.
President Vogel of the Commercial
club has shaken up the bones of tha
old tfuiewund Aaa. thjngs started on
the right road. His : slogan' "Smile,
damn you,' smile," has brought re
sults, as shown by today's meeting.
A profusion of electric lights were
strung to assist ,in making; the pro
gram each evening a success, and
every citizen is supposed to be a com
mittee who is anxious to extend the
cordial Union welcome.
J By eight o'clock this morning
people began to crowd the main
Streets of the city and fine stock
was , in evidence. Well groomed
horses greeted the visitors' eyes from "
all sides. At the fair grounds Judgas
began their work earljr in the day.
Union Looks Prosperous.
Few cities la the country the size
of Union have a better appearance.
Every merchant seems satisfied with
conditions t and not. a complajnt can
be heard. The city council has or
dered cement sidewalks over a large '
area and grading and macadamizing'
In portions of the city will soon fol- '
low. The present administration ' ia
progressive in every way and any
thing that will aid Union finds con
sideration at their hands. :
The excursion train carrying La
Grande's delegation which was aug
mented by Elgin and Hot Lake peo
pie arrived here at 11:30 o'clock and
was met by a most enthusiastic crowd
of Union people headed by the Union
band.. Everywhere the yellow badges
bearing, "La Grande is with you."
fluttered In the. soft breezes, and the
Chautauqua tags were a close com
panion pf the badge. "La Grande" '
was on the lips of everyone. High :
tribute was paid the county seat town
for sending such a crowd to Union.
The train carrying the visitors was
stalled for more than hour on the
Oregon Central. Much disagreeable
wait was occasioned, and even when
the train was started, It waa In sec
tions and It was noon before all had
reached Union. The trip was a te
dious one.
Judges Delayed.
Owing to the poor train connections.
Prof. Potter, of the Oregon Agricul
tural college, who is the stock Judge,
failed to reach the city until 10 o'
clock this 'morning.' ' This . delayed
all events for the Judging was slated
to start at 8 o'clock.
I (Continued on Page Eight)