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About La Grande evening observer. (La Grande, Or.) 1904-1959 | View Entire Issue (April 17, 1911)
LA GRANDS EVENING OBSERVER, MONDAY, APRIL 17, 1911. PAGE 3 IIS? EASTER This store has made special preparations (or a large Easter business. We are showing every thing that's new in men's fash ionable attire. Eacb department Is replete with the most wanted styles and our exhibit of Acer's Collegian i Clothes surpasses any In this city. line ever shown inrhy pay Rent? IVecajpi money to build, ana w pay us as you would rent, ?. ouver: 8 I We Are D-e-e-lighted I Onr Initiation into boslnetts . f circles of La Grande has been . i At m 1 m !C extremely sausiaciory ana the patronage accorded ns by f we general public has been flattering Indeed. We are trying onr best to earn and retain the patronage of La Grande. ' Call and see as. t Xprr tost muula knnxrn tha J , Bakers art The MODEL BAKERY JOSEPH CASE IS DECIDED TV . tt IUtMi)SI' a - 1 B!!KSr3fTm f,y wmnrtmn-m 1 1 . ' nUmi'm" " ' i -, Plumbing r'P "d Heating There's a thousand and one reasons why you should wear Collegian Clothes. They're TJn. like Any Other Ready Made Gar ments. Young men who form erly had tnelr clothes made to order, and who are now wear ingAdler's Colli gian Clothes, are better satisfied and are paring less than half. Ask any man who has worn these garments. We are showing hundreds of styles in the very newest fab rics-flight, dark, and medium. We guarantee a perfect fit be fore a suit leaves this store, and make no extra charge for alter ations, let Us Show Ton a Suit for Easter prices range from $15.00 to $30.00. ASH BROS. CLOTHIERS 6 FURNISHERS O'CONNELL'S Cigar Store Tool, Billiards, Cigars, Tobac eo and Soft Drinks best and most complete line of cigars in ithe city. Observers Coast League base ball scores every day there's a game. . y Corner Depot and Jefferson St John Melville H28 Adams Avi LA GRANDE, - ORE f Don't Use Butter i Every family has need of a good, reliaty iiniment For sprains, bruises, so renew ot the muscles and rheumntio pains there Is none better than Chamberlain's, gold b BlMnlr ' - ,L' , m Pastry There's a finer -Shortening' now and the very best, of it, cost less than -Cooking But ter. It lis the CREAM OF LARD. ' Have you ever tried It. ARMOUR'S SIMON PURE LEAF LARD For Sale by I Pattison Bros, f Both Phones ,1 J'5 GIVE US YOUR ORDERS We do the Right Thing, Do the Thing Rignt, and do it Right Now WENAHA LUMBER CO. GREENWOOD & MADISON Home Phone 421. Bell Phone, Main 732 it requires no argument to enforce It," ; tlons." The first case In the state under the so-called Home Rule amendment was heard in EnUrprlse before Judge J. W. Knowks last week." E. T. Schleur. who was granted a license by the Jo seph council to sell liquors, was ar rested and fined $50 in a Justice court there. ', The case was appealed but was heard on Its merits from the begin ning in the circuit court Wednesday. It was a Jury trial The defense was based on the city charter of Joseph giving the council right to license and regulate the sale of liquors, and on the Home Rule amendment adopted at the last general election.. The Jury found the defendant guil ty and he was fined $50. The case will be taken to the supreme court at once. In his decision, Judge Knowks after citing th Joseph charter,, the Homo Rule amendment, ' and elections of 1906, 1908 and 1910 by which the lo cal option law was made applicable to this county, said: 1 . , The record further shows that the city of Joseph as a city has never voted upon the question of prohlbi tlon in said city. The questions aris ing upon this record are: Flint. Did the citv of Joaenh have the power to license the defendant to 1 sell intoxicating liquors within , the ! limits of ald city, under said consti tutional amendment and, ' ; " - Secondly, Did said city have such power without first submitting the question of prohibition to a vote of the people of sail city. ; It is well settled In this state that in the construction of a statute the cardinal point is to ascerain the inten tion of the lawmaker, and this Inten tion must be determined from the lan guage used, taking the words in their plain, natural and obvious signification. Antony vs! Multnomah county, 4 Ore. 271 r Kamer vs, Clatsop county, 6 Ore. 238; State ex rel. vs. Simon, 20 Ore. 365; City of Portland vs. Meyer, 32 Ore. 368 ; Dutre vs. Ladd, 50 Ore. 120. In the case of state x rel vs. Simon, supra, the opinion of the supreme court, among other things, says:( "Courts must not, even in order to give effect to what they may suppose to be the intention of the legislature put upon a statute a construction not supported by the words even although the consequences should be to defeat the. object of the act. . This is a case, it would seem, where the legislature has omitted by mistake or otherwise to make the necessary provisions ' to carry out Its intention, but we cannot by construction suply these omissions. As was said by J. Davis, "It is always competent for the legislature to speak clearly and without equivocation, and it is safer for th? Judicial department to follow the plain and obvious mean ing of an act, rather than to speculate upon what might have been the views of the legislature in th; emergency which may have arisen." Also In the case of Dutre vs. Ladd, 50 Ore. 123, the court, speaking by King. Com. says; wnen me language is cKar we have no discretion but to adopt the meaning which It imports." Now under the amendment of the constitution above quoted -every town, city or municipality is given "the ex elusive power to license, regulate, con trol or to suppress or to prohibit the sale of intoxicating liquors; but such municipality shall within its limits be subject to the provisions ot the local option law of the ' state of Oregon." Lexicographers define the word "sub Ject" as meaning "to make liable," "to bring under the control or action of,", "to make subservient." I believe that the only reasonable construction that can bj placed upon the above constitutional amendment is that where the local option law Is In force In a county by a voe of the peo ple of Buch county, that towns, cities anJ municipalities do not hav; the right to license the sale of Intoxicat ing liquors within the corporate lui lts of eald town, munlcipalty or city. In the caBe of Scott vs. Ford, 12 Ore. 288, the, supreme court of this state says, in' its opinion: "In r.fenjing to this rule of construc tion In 19 Cyc. 2C, It is announced that whenever a statute limits a thing to be done In a particular form. It neces zzil'.y Include !a Itself a negative, viz: That the thing shall not be done otherwise. This principal is so fun damental and so well understood that JO, It seems to me that th: case of Bax ter -vs. state, 49 Ore. 353. is clearly against the contention of counsel for the defendant In the cas; at bar. In June, 1906, the people of the state adopted the. following amendment to S.c. 2, Article 11 of the constitution. "The legal voters of every city and town are hereby granted power to en act and amend their municipal char ters subject to the constitution, and criminal laws of the state of Oregon." In the case of Baxter vs. stati, su pra, the Bupreme court ot this, state holds that a city in a dry county has no power to pass an ordinance author izing the sale of Intoxicating liquors and that the local option law is a gen eral criminal law of the state. In its opinion in tha above cas the supreme court says: , "Th;- amendment does not affect the right of the. legislature or of the people- by the initiative to enact anv law they deem proper affecting th crim inal laws ot the state and chnngos therein and new criminal laws will ap ply to the cities regardless of : their charters." -,V ; ..V;. : Counsel for the defendant cites the case of Hall vs. Dunn, 52 re. 475, in support of his position. It must be re membered that the facts of that can and the case at bar are in no wise ?lui llar. In that case the record showel tliat the county of Jackson, In which the town of Medford la located, voted dry June let, 1908. That the legisla ture at the session of 1905 amended the charter , of the city of Medford and aravft the council power to license, tax, regulate or prohibit barrooms, drinking shops, bowling alleys, dance bouses and all place where spirituous, malt or vinous liquors are sold or kept for sals Irrespective of any gen eral law of the state on this subject enacted by the legislature or by the people at large," -etc. v - It was held that under the above charter provision that the prohibition law which had been made applicable to Jackson county was not applicable to th: town of Medford. The supreme court says that by en acting a charter containing the above provision that the legislature intended to exempt the town of Medford out of the operation of the local option law. it also distinguishes the charters of towns having a similar provision in their charters such as Condon and Es tacada with the provision's of the charters of Brownsville, llalsiy and Junction City which granted to said towns authority to license, regulate and restrain the sale of intoxicating liquors subject tq the provisions of the local option law. And in that case the supreme court holds that the language "subject to the provisions of the local option law indicated that the legislature did not Intend to give the towns of Browns ville, Halsey and Junction City the power to license the sale of intoxicat ing liquors in the event the counties in which they are located wsnt dry. The dicta of the opinion' in this case of Hall vs. Dunn, supra, to my mind, is very much In, favor of the state in the case at bar. If the clause In the amendment of 1910 of section two, article 11, "subject to the provi sions of the local option law of the state of Oregon" be susceptible of the construction that it means that it should be made applicable to a city by a vote of the electors in the same manner that the prohibition law is made applicable to a county or sub division of a county, then again we must hold in favor of the state in thin action because the record shows that no vote has been had. .For sab by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New Vork, sole agents for the United States.' . - Remember the take no oth.r. name- nne, thence east on "O" avenue to Cedar street, thence north on Cedar Etre.t to Pennsylvania avenue, thence east on Pennsylvania avenue to a point opposite the center line (north and south) of block ll, Grandy's ad Doan'a and ' ditlon to the city of La Grande, thence north In alley between Second street Ap 17 May 15 Jun 12 Jul 3 31 , and Third street to Main avenue, thence I east on Main avenue to a point south - 1 of center (north and south) of block Read in Sunset Magazine. Motoring 1. Grandy's addition to the city ot La Through California by Lloyd Osborne , Grande, thence north in alley between beautifully Illustrated li four colora. TnIrd nd Fourth streets to Adam The Spell, a romantic serial by C. N. avenue thence southeast down Adam a'm wini.n,. . .v j j avenue to Willow street, thence eat ' A. M. Williamson., in the Shadow of' , , . t. , on Willow street to the place ot bc-v iuu uiusou uy urani carpenter, ue- . ginning. scriptive story of San Francisco's Chi- j nese quarters. April issue now on sale I 15- cents." . . eod Notice of Street Improvement TO WHOM IT MAY CONCERN: Notice Is hereby given tnat in pursu ance of a resolution adopted by the common council of the city of - La Grande, Oregon, on th; .5thi day of June, 1910, creating Sewtr Improve ment District No. 1 and designating boundaries of Sewer District No. 1, aa such district, and in pursuance of a resolution adopted by said common council on the 12th day of April. 1911, whereby ald council determined and declared Its intention to Improve all that portion of said district, in said sewer improvement district as herein- after d: scribed, by laying sewers In the streets and alleys, the council will, ten days after the service' of this no tice upon the owners 01 tne property affected and "benefitted by such im provement, order that said above de scribed Improvement be made; that the boundaries of said district to be so improved are as follows: (A),! And the property aff.cted or benefitted by said Improvement is as follows:-;;.' ',- .. : Commencing at the Junction of Wil low street and. the '0.-W, R. & N. Co. railway track! thence northwest to block "A", Honan's addition, thence, southwest 250 feet, thence west : down center of ' Jefferson AVAnna in iha Yontflr rf Win,, , Mn n . and Jefferson avenue, thence north on' Fourth street to center of Division, jtreev thence west on Dlvis'oa stre:t. to city limits, thence south' to center' of Baker street, thence east on Baker) street and "Z" avenue to a point di- l-0Ct1v nnrth nf tha ranter Una ( nni-th ' and south) : of block 15, Gangloff'9 addition, thence, south to center of "N" avenue, thence east on "N" avenue to a point directly south of the ctnter line (north and south) of block 2. Wis dom's addition to La Grande, thence north in alley bttween Cedar s x. Pd Ofllr trrt tn'.panr'r Of "r" -Vfl- NntlfA la hprohv fiirtfcr trlrnn tVi , - . o " .... t tne council will levy a special assess ment on all the property affected and . benefitted by such improvement for the purpose of paying for such Im- ; provem&nt. That the estimated cost of such Improvement is the sum of $71,800.08.' That the council will on -the 26th day of April,. 1911, meet it . the council chamber at the hour of 8 o'clock p. m.,'to consider said estU mated cost, and the levy of said as- ; selsment, when a hearing will ba granted to any' person feeling ag grieved by such assessment La Grande, Oregon, April 13th, 1911. CITY COUNCIL OP LA GRANDE, " OREGON. By C. M. HUMPHREYS, . Recorder of the city ot La Grande, , Oregon. DANGER IN DELAY. Kidney Diseases Are Too Dangerous for La" Grande People to Neglect The great danger of kidney troubles is that they get a firm hold before the sufferer recognizes them. Health Is gradually undermined. Backache, headache, nervousness, lameness, dropsy, gravel, and Brlghts dl&tase follow in merciless success. Don't neglect your kidneys. , Help - the kid neys with the reliable and safe rem edy, Doan's Kidney Pills, which has cured people right here in this local ity. G. W. Knight , 513 Franklin street, Pendleton, Ore., says: "Doan's Kidney Pills benefitted me so greatly that I do not hesitate to recommend them. For eight or ten years I was troubled by pains across my back and kidneys and at times my loins and sides were affected. I had to get up several times at night to pass the kidney secretions and off.n noticed sediment in them. Doan's Kidney Pills relieved my aches and pains In a short time and correct ed the trouble with the kidney secre-. tovn Jnnr breakfast right by : eating a dish of Kellogg's Toasted Corn Flakes or Holland Rusk Next mes a couple of fresh ranch eggs and two or three slices of Melrose brand bacon. Then a stack of hot cakes made from ' Olympic Pancake flour, with Towles Log Cabin eyrup and Blue Mountain butter .'" on top. r ':;Y r ::;;v; Finish the meal with a cup of steaming, hot coffee, but ba sure the cook used White- House ; coffee.' : ,''.;:-t.---',: You can buy any of the above Clyde L Kiddle's Of Island City Fresh vegetables In stock ev ery Saturday. Buy J your Sun day's supply then. W " "I1 1 ' II ..11 'I 11.11J.1 11.11 -All E8 or IRIPORTED'cj' REGISTERED E30B8 GTALLIONG MID ROOD f.lAREO TUESDAY, APRIL 25 1911 AT AMBROSI BKARO'S BARN, ALBANY, LINN CO, OREGON 1 111, 40 IMMRTBD AND NATIVI BRED RIOISTBRID PERCHERON) AND OERMARJ COACH DTALLIONB AND MAmES. Thew bone were pnrcbae4 from tha beat breeder and importers la the United State and ont of the rery beat families and show harda. They wers brad tit one of the (Teat horse centers of tha world. We do not claim to hare all tha prlt winners of franca and Germany, bnt wa do claim wa will gire yon th real worth of your money. Why not come when yon can bny horaea at your own price, and every one of them I for sale, and will be aold for the hlirh dollar, Instead of going; where ther are only fw for aale, and half of them araanppossd to ba kept for their own ase, antes a lane J price Is paid. ThM iMrsea are as wide at a wsion, and a number of them weigh over two thee ana pounds. FARMERS, l this not one of yonr best opportunities to secure good stallions and mare at yonr own price? These horse are fresh, right oil the farm, subject to no disease and ready to go to work. ... It was the Psrcheroa hone that made Illinois famous aa a horse center. TERMS! CASH, nnless satisfactory arrangementa are made with the Clerk before the aale. Catalogue ready April 8, 1911. Horses can be aeeo. at barn after April 8. Addreaa all com maalcallons to J. M. Clark, care Beard's Barn, Albany, Oregon. , . , . . , ! M. CLARK, A. J. DODSON, CEO. W. 8TU8BLEFIELD ALBANY, OREGON Perry Pnemnatic Water Systems, Samspn n Wind Mills Deming Pumps, Richardson & Boynton 8 Warm Air Furnaces, Pip Valves and Fittings, Gut ters, Plumbing Fixtures of All Kinds, Full Assort- mailt of ITicliel Trimmings. : '' & 6 1VJEIFEI BAY f LUMBERS, , UtATtnS, ZVELl METAL YJQRKERS