La Grande evening observer. (La Grande, Or.) 1904-1959, January 29, 1916, Image 4

Historic Oregon Newspapers

La Grande evening observer., January 29, 1916, Image 4

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Newspaper Page Textsatitrday.' smmM wis: LA GRANDE EVENING OBSERVER PAGE FOUB not be .0 construed -u to effect where the circumstance of the case wn , Mr ..,.r that the above vision bTnoTobserved, "It will to seen Uat the above Act applied not only to the particular places j .. .- n .u-ular business, ex- cept works of necessity and mercy and created tunaaj y Tmm all secular labor and ':J d,ni an hour before breakfast i business. After" Oregon became -v r t rt-r .rr who are eointr ballroom mad 1 HL Ubi5tJVtLt Besides White." he says, "I ha a number of other elderly friends and. BBUCE DENNIS. Editor and Owner. acquamtane that dance. I know a . - ' wealthy man of sixty-eight who has 9tSL!moSL. TS. been taking lesson, for two years. H Grande, Oregon, up his teacher eariy in the morn. mmmr. - , 5j kar n Vii residence Higi Viuci - w SUBSCRIPTION BATES. Daily, tingle copy Daily, per ek Daily, per montn --"VfE j. ,v, . nf .ixteen. I know Daily per year in advaace $7-00 an oJ(j foxtrotter who ia preferred a I have another acquaintance whe ct Hance. beautifully with, hi grand v m" 1 .:i na- VMr. Ill Id Uali v. LIT ihu K1- . . . c ' vr three sons, an oi 1V WfiydncerT... T.:..!!$1J darken, He ay. that be . ud tc " practice in bis bachelor days with j Advertising rates on application. ' Ad chair for a partner." ..i.. .rftwrtiainv most . copy ir - , - . i retch the oflice the day before the, ad appears. The L. D.' S. church is a firm be- athletics to iU never ti AA&nma all communications to THE ; i-outigl yet never forgets to develope OBSERVER, 1710 Siith Street. fce raind an(J tongue - at , the sam '' ; time. Such a plan of oratorical, story FARMERS' WEEK AT HAND. i telling and athletic combination as , i was heard last evening at the Amuse- Monday morning, bright and early, ment haI1 gpeaks well for the church; iegina the greatest gathering of ,weH for participanU, and is a com- .:n..ltiir animal hUK- I i: a . ' ,t.A krMflnaBi lit thp lariu, " ,k bendry, etc, experts that Eastern Ore- churcn headg gon has ever Been at one uro. . . ra (Jrande to conduct a col- Hardtack War Memento lege course in one week that farmers, townsfolks and all may have the ad vantages of higher learning hrough1. to their doors. Now it is not for Union county alone that these men and women are coming, but lor w..n. Ctrnvrm. It is merely in cidental that La Grande was selected Litchfield, Minn. Jan. 15. A piece of musty hardtack carried in a Knap-..l- v... hor l.rnther Knoi-h Leavitt. when he marched under Colonel Bu- ford against the famous .morgan raiders is a memento of the Civil war nncuuiul .v Mr. James Lowater. yi J " J - KOllOWing Morgans capture near r: : . : l f mvatar'a hrntnpr for this work, but that fact, however i waH graniei a furlough and brought the ancient piece or army oread nome has a local importance. Are i-a Grande people going to rise to the oc casion? Are they going to be genial Tin ihev realize that her cit izenship must do their share to make ; the new scheme successful? Uoes Ui j Grande realize that unless the plan j is a flat failure in the standpoint or numbers that the hotelB and restau-! rants will be flooded? It is well that these things are realized before tin week begins. On the other hand: Never in the history of Oreon Agricultural col lege education has so gigantic an un dertaking been attempted outside her campus, and it is now up to Union county farmers to take advantage of it. Ono day or one evening cun't bring much good. Farmers muat make arrangements to take in the whole course, and to bring their wives and daughters along so they enn profit by that which will he taught for thoir benefit It is going to be n big week. Como, people, make the best of it. In the January Woman's lIoni Companion a sixty-year-old dancer tells how old people can leam the new teps, enjoy them thoroughly, and even cut out the younger generation by their graceful manner of dancing. He himself did not begin to dance un til after his sixtieth year and he tolls of a coterie of hoary-hended fox- to his sister. She has had it now for f2 years. Though it is a little green from nee. it is still in a fairly good i state of preservation. INJUNCTION SOUGHT. (Continued From Tage On) he particular business named and rest an(, recrcation for as no application to labor and tra- of tJ)e neathf pea(.e, qui ic generally, and it can hardly be or(ter of the people in aid to be a law creating a day of i . . , r of t ers, und permits all circumstances of necessity and mercy to be plead in defense. This law applies only to the particular business nameu anu has iim,I in )m u l:iw crcitinif a day rest and recreation, aa 11 oniy pro hibited the keeping open for labor and tnific of certain places of busi ness on Sunday, and otherwise did not prohibit any one from engaging in any kind of labor or Unfile on Sun day. The first Sunday luw in Oregon was passed by tho territorial lcgis- paiUire tfimuary 13th. 18.1 and is found in the Territorial Code of 1853 and 1854,- on page 283, under the title "An Act to prevent Sabbath Breaking." The first section of this Act reads as follows; Sec. 1 "Be it enacted by the Legislative Assembly 'of the territory or uregon, mat no Khali keen onen nis or ner a state, 'K'"1"'? adopted a Code unmnwi eedure section 6STof which was a re enactment of the former; Terrtonal Sunday law in a modified form under the sub-title ol -rroianawn w ou,j day." and may be found in "Deaoy Code" as section 653 on page 664, and is in the following words;: any person shall keep open any store, ' r . .. I : 1 , m ini, shop, ban Biiey, dhiiu v.Kr.... house, or any place of amusement, or shall do any secular busness or labor, other than -worKS oi necessny or mercy, on the first day of the week, ..,Uwt Sundav. of the wmiiwj " Lord's Day, such person, -npon con viction thereof, shall be punished by fine not less than five nor more than fifty dollars." Jt will be seen that thit section was general in character and applied not only to tne specmea Busi nesses therein namea duv w an ikuii Lnust, onrl lnbor. exceDt only UL.niln.no ...... . - . ,. f niwpiiKitv and mercv. The Legislature in 1865 under tne ioiiow ing title repealed section 653 above -t n .'a rAa flnrl enacted in its section 2125 L. O. L 4 a 4a a Mcnii nnn not acx en An Art n nravide a Code of r'- )nni DjBliii-o nnrl to Define Crimes and heir punishment approv ed October 22, I8M." in vnis iasi. en actment the words "or shall do any se cular business or labor, other than works of necessity or mercy" were eliminated and omitted from the law, thus limiting the law to tne particu lar business and labors named in the section, and depriving the same of all of its general application to all classes of business or labor except works of necessity and mercy, so that the law as it now stands and hns stood since 1865 13 no longer a, law creating Sunday, as a day of res; and recrcation, except as to these cer tain business named. This is such an arbitrary classification and applies to such a limited number of business onrl fnllintrn as to render the law in yyn ttonca a lnw creating a dav of rest and recreation lor tne neneiu ouict and eoo'l the exercisp of the police power of the State.and violates both the constitution oi tne t.i( nf flrfnTin and the United Suite1 This is the real question pending ami must be determined by the Suprpmo. Court of the United S'.ates, ami we have stated this matter thus fully in nnlnr in nnnrisp thr court of the fact of the seriousness of the issues in the suit pending before that court. In addition to the f.vt that the body of this law docs not create Sunday a day of rest and recreation from all secular business and labor except works of necessity and mercy, it is apparent from the title of the various Acts above referred to that the con trolling idea, intent and purpose of .. . . .... a t-!L:i. this legislation was to pronimi wie norKoii shall keen onen his or - .. . . .. store, shop, grocery, bal alley, tu- o g d Lords ard saloon, tippling house, or any, . nrm ;. onforr-n n ard saloon, tippling house, or any , primarily to enforce a place of gaming or amusement, or ; do nr i?,"" sufr any secular business, otner man works of necessity nnd mercy on tho first dny of the week, commonly call ed tho 'Lord's Day' or Sunday; pro vided, however, that this act shall .If I I I 1 I I II' I I II I I 1 I . 1 . jWiiiiiiiii. m -JIM' 1 1 III I M1 1 I I nil i' i vi i-ii ii , YOU HAVE HEARD AU YOUR LIFE THAT "YOUR MONEY IS YOUR BEST FRIEND". IF YOU ARE LETTING YOUR MONEY SLIP AWAY FROM YOU, STOP IT. 4V YOU CAN STOP IT IF YOlf '.WILL. IYOU WANT TO BE INDEPENDENT. THE ONLY WAY YOU CAN BECOME SO IS TO BANK YOUR MONEY. BANK WITH US. WE PAY PER CENT INTERESTtON TIME DEPOSITS I La Grande National Bank LA GRANDE, OREGON Capital $200,000.00 Surplus $50,000.00 RewurcM $1,000,000.00 Fred J. Holmes, Preidmt C. C. PeninRton, Vice President F.U W-ven, CaaUer E. Zundol and H. E. Coolidge, Asaiptant Cashier. DIRECTORS. J. G. Bnodgraas J. F. Conley H. S. Urownton F. L. M-iyers A. T. UU1 n. E. Coolidge Monday the tasta of West's 18 th Annual Jamiiiry s Clearance Sale --4 EVERY ARTICLE REDUCED Store Open To-night TiU 90 ;.. : ii'."- m v)v;ud Read the Page "Ad" in Yesterday's Paper RICHEY, From Factory Knabe Ivers & Pond Ivors & Ponrl Sterling Sterling Estey Estey Bennett Bennett Schulz PIANO Home Institution . to HOUSE Customer mmmm 31 wmmi Mi Schulz Bush & Gerts Bush & Gerts Francis P. Bacon Francis P. Bacon Haddorff Haddorff Several other makes All direct from factories. Knabe f Fred T. Holmes C. C Pcninffton A. Blokland pest that it was the evident intent nnd -rmrnrteA nf this lpcrislntlOn. not to bring ahout a day of rest and cessation ot lanor on one aay in sev en, but to enforce as against the busi nesses named a strict rclieious ob servance of the Sabbath. This being : tVin infpniV nnrl Ttnrnnsft of this lecris- lation it clearly violates both the con stitution of this State and of the United Stnes. (Dist of Columbia V. Robinson .10 A pp. Cas. (D. C.) 283, 12 Ann. Cas. 1094.) All Mrpum-itjinppH of necessity and mercy may be pleaded in defense. The Minn, Statute prohibited "All mnnner of public sHling or offering for sale of any property upon Sun day," except that meals might be sold, and prepared tobacco and fruits, cctnfectionary, newspapers, drligs, medicines and surgical appliances might be sold in a quiet and orderly manner. In State v, Justus (Min.) lAnn Cas 91 the counrt held these exceptions reasonable, and the sale of confectionary and .tobacco matters of necessity the court there saying; 'rf !. imlni,ltpi41 v trip pliofilm nf n large number of our people in the cities to visit public paries, rwnicn have been to a considerable extent provided by the liberality and civic spirit of our municinalites for the enjoyment of the occasion. The sta tute clearly prohibits tho sale of in toxicating drinks in any form on Sunday, and only allows confectionary to be sold, which is on many occasions required by parents for children and the more youthful class or visitors thereto. Tobacco has become to be among a very large portion of the respectable people of this country a necessity in the appreciation of appro priate Sunday rest and recreation which CHnnot in a practical way he provided before hand in the -suitable enjoyment of the period of recupera tion which makes the day of rest beneficial." Tha 1Aain et-iltifA nmvirlftt fVint "tt shall be unlawful for any person or perrons in tnis stale w Keep open on Sunday for the purpose of any business, trade or sale of good wares n, mAtvlinnHiaA nn.. Vi nr. alni-A V it !1 rl - inir or place of business whatever." "The statute, However, lurtner pro vides among other things, that the tnfiitp sriall nrtt nnnlv tn nou-a etanrla in the quiet sale and delivery of dally papers anu mairazines, ana mat non intoxicating refreshments and candies nn1 -iflaM nnv Vi n e -1! jl In C f u t r Dolnn (Idaho) 92 Pac. 995, 1001, the courts noia xnese exceptions io me statute, and the classification of busi- nps fnr- tlirt rmrnnsp. nf Rllnrlnv nhnpr. vsnce reasonable, evidently upon the theory thnt these exceptions cover business that is necessary to .-the en joyment or tne people or sunuay as . Jnw . md! o n I -ju-ranlinn In enforcing statute making Sun- No culls shipped from other towns. No worked over pianos. Do not buy from Portland retail Houses. Can save you from SoO to S150.00 upon each piano sold. Deal at home, your contract and account will be here. We are not a fly by night institution, here one day some where else tomorrow. ...... Get prices before buying elsewhere, as our prices will convince the most skeptical buyers. i RICHEY BUILDING OPPOSITE ELKS' NEW TEMPLE j- ulpWMinannrnT -"mmssw-ummwiiwiiiiiiib mm imiiiiiii iw-au.wu.niiiiwiniin t day a day of rest in the several states tin o- works of necessity, the VA...v...e, .. following have been held necessities i within these statutes. Hauling to market dead ripe water melons, which otherwise would have been spoiled. (Wilkinson V. State 4 ina. 410 Am. Rep. 84.)Makings necessary re- pais of i railway tracK on sunuay in orucr to .-"oid delaying trains on week days, i Yonoski v.State v ina. 393, 41 Am. Rep. 614.) Delivering milk upon Sunday Dy a aairyman .u his customers. (Topeka v. Hempa- tead 58 Kansas 32H, 49 i-ac. oi) ine sale of lemons. (State v. CampDeii 206 Mo. 579, 105 S. W. 637.) Travel ing on Sunday from one town to an other for the purpose oi visiting n frioiut whnm he knows to be sick and thinks may need assistance. (Doyle, v. Lynn & Boston K. uo. iia mass 195, 19 Am. Rep. 431) Operating an , Ice Factory on Sunday. (Henderson i v, State 25 Tex. App. bill, s. Am ot Rep. 418.) "All circumstances of Ne cessity and Mercy may be pleaded in defense. If the sale of daily papers and magazines, nonintoxicating re freshment, candies confectionaries, and cigars may be exempted in Sun day statutes, on the ground that their sale is necessary to proper enjoyment of the people of Sunday as a day of rest and recreation, n is auncuii .o ,in,iprtnTid. whv under our statute the plea of necessity would hot be good and peneci aeier.se ior jioisuu on gaged in the eale of such articles to a prosecution for the offense of keep ing open his place of business for labor and trafie in such merchandise on Sunday. What Is meant by "all circumstances of necessity''? Under similar statutes to our statute we find this definition; "By the word, necessity we are not to understand a physical absolute necessity, but a moral fitness or r-ropriety of this work and labor done under the cir THE NEW CIGAR MCCARTHY'S IMPERIAL Sc, lOc and 2 for 25c Made in La Grande D. R. FONG MEDICINE CO. CHINESE ROOT AND HERB REMEDIES j rnf Rnrhlv Hixpaitp With Knot and Horht Treatment. Free Consultation feVT&2srlS Phone 762 1412 Adams Ave La Grande' Ore. ..IS'P the necessity may grow out of, or in deed be incident to, a particular trade or calling, and yet be a necessity with .the meaning of tha act. For it is .not the design of the act to destroy or .'impose onerous restrictions upon any lawful trade or business; and nence, under ,a .similar statute, it has been held iri a' sister .state, that is is lawful to keep a blast-fireman at work on Sunday, because it is a work of neces sity. So too, it has been held that under special circumstances a mill may grind on that day, and I think it will be hardly questioned that a gas company may supply gas, a wa ter company water, and a dairyman milk to their respective customers on that day. (McGa trick v. Wason 4 Ohio St. 6G6, per Thurman C. J.) In line with these principles, it is held that such labor on Sunday as is worK ana iaior uuuc unuoi v-. , cumstances of any particular case may U J0'0 be deemed 'necessary witnin. mo,; riw utu meaning of the statute." (Henners-'i as the manufacture , of malt beer . dorf v. State 25 Tex. App, 597, 8 Am ; '"n St. Rep. 448; Flagg v. lnhatntants oi Millbury, 4 Cush. 245; Common wealth v Knox 6 Mass. 76; Pearcev. Atwood 13 Mass. 354) "Nor will it do to limit tho word 'necessity to those cases of danger to life, health, or pro perty which are beyond human fore sight to control. On the contrary, merchandise vended by them on Sun day is a "circumstance of necessity," which may be pleaded as a defense in a prosecution of the plaintiffs for the offense of keeping !open their stores for labor and traffic on Sunday. I WILL GIVE SI 000 If I FAIL to CURE m CANCER r TUMOR itmt before It POISONS (Hi (rials or attachts tl BONE wiratriW'ewPaifl, No PAT BTJta CJPEHI wl.ll An planl rn r - .,1,,. A-'iy TUBOt, VOW :i SCIU 011 iuk li;-, 'ji, r hody li,c,f 1 cancer; it u-i-T l"ilnuiTi'.lj nnrn IM-PASt tOOK jY'KKB, 10i tn.. ir.ouiuii. WiKt u MM Any LUMPm WOMAN'S BREAST 31 Ind 189). O; vwnulm v, Tillrsofcn.uTr-U.S ri,rt ing the principles of these S.r-'iMi1: vS?V? nersdorf v. State 8 Am. St. Rep. 448; ( ; t;rocsett v. State Applying cases 10 tne case at oar and it is I nr J? M! Hr P JJM1 ! 1 T il drain-(WW evident that the keeping open of -ri,irr p-Z . V. ""."MssoiTfr.iLi; plaintiff stores .notW Similar tlltf places for labor and trafic in the kindly mail this umtacpia cancel I