satitrday.' 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