TUESDAY, FEBRUARY 8, 1916.
LA GRANDE EVENING OBSERVER
PAGE EIGHT
It Will Cost You
Nothing
If Itexall Liver Salts does not relieve you, and
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money is refunded.
If you have any liver ailments or' other trouble
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PUTMAN'S DRUG STORE
Storm
Christian Science Lecture
By '
William R. Rathvon
OF DENVER, COLORADO
Member of the Board of Lectureship of the Mother
church, the First Church of Christ, Scientist in Boston,
Mass.
-At-
Methodist Epispocal Church
Corner Spring and Fourth St.
Tuesday, February 8, 1916 at
8 o'CIock P. M. -
Public Cordially Invited,
No Admission
IID RETAINED.
(Continued From Pago Five)
thut reason. Justice Burnett in writ
ing the opinion of the court in this
case says;
"It is by virtue of that potent and
flexible uuthcyity known us the police
power that the legislative branch of
the state government assumes to
control citizens in the transaction of
their daily affairs. It finds its sanc
tion in the right of the state to pro
vide for the public houlth, peace, wel
fare and safety. The only (restriction
which affects the question is that the
legislation have some reasonable re
iation to those elements of public con
cern, and must be uniform in its op
eration upon ' all persons , siniilarly
situated. The principle rendering it
lawful to forbid the pursuit of an oc
cupation on Sunday is settled in this
state by the case of Ex Parte
Northrop, 41 Oregon 481), 02 Pue. 44.1,
where this court sustained the statute
making it a misdemeanor to carry on
the business of barbering on that day.
The underlying reason for the rule Is
the propriety of providing a day of
rest, and relaxation for those who ure
"JANE"
The famous ('has. Froh
man Comedy. Produced
by the Oliver Moroseo
Photoplay Co.
LAST TIM KTOXK HIT
j engaged in certain employments."
The Supreme court of the State of
I Washington, has also upheld the con
; stitutionality of the law of that state
vory similar to the .Oregon Sunday
i closing law. In its decision in the
case of State vs. Nichols, (It seems
that this man Nichols is n very fre
quent offender against the Sunday
, closing law) reported in the (!9th Pa-
cific at page 212, the Supreme court
says, "In Bloom vs. Richards, 2 Ohio
! State Ml, the Court by Judge Thur
j man, observed of Sunday law, 'We
; are then to regard the statute under
I consideration us u mere municipal or
I police regulation, whose validity is
'neither strengthened nor weakened by
j the fact that the day of vest it en
j joins is the Sabbath day. Wisdom
: requires that men should refrain from
j labor at least one day in seven, and
the advantages of having the day of
rest fixed, when so fixed as to happen
at regularly occurring intervals, are
too obvious to lie overlooked. It was
within the constitutions! competency
'of the General Assembly to require
this cessation ot labor ann to name
1 the day of rest.' Mr. Justice Field in
! ex parte Newman, 0 Calif. ,102, re-
!frrlmr In Hm unnifi uiihin't enuu 'Itc
requirement is a cessation of labor.
In its enactment the legislature has
given the sanction of law to u rule of
conduct which the entire civilized
world recognizes as essential to the
physical and moral well-being of so
iciely. Upon no subject is there such
n concurrence of "opinion among phil
osophers and moralists and statesmen
of all nations, as on the necessity of
I periodical cessation from labor. One
day in seven is tho rule found in ex
perience and sustained by science.
The prohibition of secular
business on Sunday is advocated on
tho ground that by it. the general wel
fare is advanced, labor protected, an l
the moral and physical wellbeing -if
society promoted.' "
There is also cited in the opinion the
decisions of many courts of last resort
in different states to the same effect.
The opinion in the Oregon case nf
State vs. Nichols would not indicate
that the court passed upon the ques
tion that the law was invalid because
it was intended to prevent Sabbath
breaking, and therefore places a re
striction upon a person's religious
freedom. Undoubtedly a law enacted
for such a purpose would be uncon
stitutional, c ounsel for the plaintiffs
set forth in their brief that the orig
inal act passed in January, 18.V1, was
entitled "An Act to Prevent Sabbath
Hreaking:" but their brief also
Wednesday
and
Thursday
A rcade
MONEY TO LOAN ON
IMPROVED FARMS
Apply to
H. B. LOGAN
Haker, Oregon.
Agent for Balfour, Guthrie
& Company.
shows, that this act wan repealed, and
that in 1865 the legislative assembly
enacted the present law under the
title, "An Act to Amend an Act to
provide a code of criminal procedure
and to define crimes and their punish
mentf' approved October 22, 19(14.
There is nothing in this title to indi
cate that is an act to prevent Sab
bath breaking, and if such, was the
original intention, of the legislative
assembly in passing the law, it has
been modified and amended so us to
eliminate any such intention. The
present law permits theatres to be
carried on, which would negative any
intention of placing a religious re
striction upon a person, H is argued
that the law unjuptly discriminates
against the plaintiffs because it per
mits drug stores to sell the same
articles that plaintiffs ure prohibited
from selling. Judge Burnett says in
his opinion, "The queston of whether
an institution, which vends both drui
and candy is a drug store or a candy
shop, is not before us."
In upholding tho constitutionality
of the law upon the objection that it
permitted drug stores, doctor shops,
undertakers, butchers, bakers and
livery stable keepers to conduct their
business on Sunday, but prohibited
others from conducting their business,
the opinion says, "A good reason for
this mav be found in that fact that
drug stores, doctor shops, undertak
ers, butchers, naners anu nverystaoie
keepers, minister to the wants that
are more imperative as a rule, than
those supplied by the general run of
business in- the occupations named;
while theatres afford mental diversion,
conducive to rest and relaxation."
It certainly would be an unjust dis
crimination to a person conducting a
cigar and confectionery shop from
selling cigars and candies, and permit
Jdrug stores, undertakers and livery
stable keepers, to sell the same
article on Sunday. I do not believe
that the legislative assembly ever
intended such an absurd thing that a
livery stable keeper could sell a loaf
of bread on Sunday and claim his ex
emption under the law. To my mind
the only reasonable construction to
place upon the excepted classes, is
that it permils drug stores to sell
drugs, and nothing else on Sunday,
that it permits butchers to sell meat
on Sunday, and bakers to sell bread,
etc., and livery stable keepers to feed
horses, and rent horses nnd teams for
hire. Another construction will drive
the courts to hold the entire law void
as being an unjust discrimination.
It is contended that the business of
the plaintiffs is of such a nature that
the courts should declare it a matter
of law that if arrested they could not
be convicted because they would have
the right to plead all circumstances of
necessity and mercy in defense, and
that their arrest would simply amount
to the persecution ftf tho plaintiffs.
While the court might perhaps have
the right to hold that to sell any per
son a dish of ice cream upon a hot day
in August when the thermometer is
one hundred degrees in the shade, or
selling a man a cigar, who had sworn
off smoking for six months was a
circumstance of necessity and mercy1
yet each individual sale must be (joy
erned by its own peculiar circum
stances, and the courts would not have
any right to declare in advance that
any and all sales the plintitfs might
make would not he a violation of the
law and especially under the pro
visions of the law that the circum
stances of necessity and mercy
"shall be treated as questions of fact
for the jury to determine when the of
fense is tried by a jury."
The Supreme court of this state has
declared the law constitutional upon
some of the objections raised by coun
sel for the plaintiffs in their brief,
and three federal judges sitting en
banc have declared the law constitu
tional upon all the objections, as I un
derstand it, urged by counsel for the
plaintiffs in their brief; and it seems
to me that under such circumstances
it would be the height of arroirance
for this court to hold the law uncon
stitutional, ror the above reasons the
application for a temporary injunc
tion will be denied.
FROST WELCOMED.
(Continued Fro, Pairo One)
labor in shoveling snow and tho rail
road company has lioen the principal
patron in this respect, although the
city and many individuals have been
to great expense on account of the
snow.
The railroad company has had for
several days about all the force they
could gel and there was still further
crews sent to the scenes of trouble on
the branch line.
Superintendent Holloas said thi;
morning that no figures were at hariC
to show how many men had been c.!2
ployed during the blockade but ther;
had been naiil out from the l.n
liraiule station $2500 for snow shovel
ing anil there is as much more that
has not yet been paid. This is for
labor ouido the regular railload
forces. "Ami there is no wnv tn tpll "
continued the superintendent, "how
nuicn more it will cost to got the road
to Joseph opened."
Many of the young men around and
near town, includinir some of tho Wurh
school boys, have been enabled during
av past lew days to earn quite a re
spectable sum. Several have earned
from $15 to $25 in the past five or six
days. At first 40 cents per hour was
the rate paid, but this has since been
reduced to 25 cuts, with board and
room included. j.ul there is no loss
of time in going to and coming from
work.
Train Troubles Anew.
Seattle, Feb. 8. Small avalanches
are re-occurring frequently in the
Cascades and caused apprehension in
railroad offices. Teh Great Northern
has abandoned its efforts to route
trains over its own tracks nnd is de
touring them via Mirtlnml. ho Mil.
waukee trains arc reported behind two
moil's near ieecneius. two were
killed last night when a mud slide
buried Howard Gurney, killing him
and his wife.
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ONCE AND J
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New Spring Shoes now on our shelf fur your inspection newest snappy dress shoes
for all single sole or half double soles or full double soles in work shoes for men boy
shoes full of boy wear. Having bought our shoes in heavy quantities for all of our 12")
stores long before the rising leather market we. are still in "a position to give you high'
grade, leather shoes at our usual low prices. , !
Ladies' Shoes
New velvet Gypsie. $5.00 value $3.50
New cloth tops Gypsies, S4.00 value $2.98
New Cloth top Patents, $5.00 value ...$3.50
Girls' new white sole patents, 5.00 vahi"
........ $3.50
Ladies vici shoes '.
$1.49, SI. 98, S2.25, $2.49, $2.98
Ladies' gunmetal shoes .'. .:
.....$1.49, $1.98, $2.49, $2.98
Ladies' patent shoes ....$2.49, $2.98, $3.50
Ladies' comfort shoes ....$1.49, $1.09, $1.98
Children's Shoes
Babes' shoes, soft soles 25c, 45c
Babes' shoes, hard soles 49c, G9c, 79c, 98c
Girls' shoes, all styles
98c, $1.15, $1.25, $1.39, $1.49
Misses' shoes, all styles
$1.25. $1.39, $1.49, $1.69, $1.89, $1.98
Young Ladies' shoes, all styles.
$1.98, $2.25, $2.49 $2.98
Girls' button boots
$1.25, $1.39, $1.49, $1.69, $1.89
Skuffer shoes $1.49, $1.79, $1.9S
' V I
Loggers'
Shoes
The "original Chippewa. Shoe" is the logging
shoe we can stand behind you on.
Men's heavy six inch top, double sole, out
side counter, $5,00 value $3-98
Men's heavy eight inch top, drivers, packet
counter, $6.50 value $5.90
Men's heavy ten inch tops, drivers sole, Three
Lakes, $8.00 value $7.25
Men's heavy ten inch tops, Pacs, all toes......
$5.50. $5 90, $7 50
High Lace Boots
Men's twelve inch tops, all leather, $5.00 value, $3-98
Men's fifteen inch tops, all leather, $0.00 value $4.98
Men's twelve inch tops, waterproof leather, $7.00 value
$5.90
Men's fifteen inch tops, waterproof leather, SS.00 value
$6.90
Men's Eighteen inch tops, black all leather, S8.00 value
$6.90
Bovs' high top boots, laced
$1.98. $2 25. $2 49. $2 98, $3 49
M
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Button or lace, tan or black, all leather,
and full of boy
$1.15, $1.25. $1.39, $1.49, $1.09. $1.79,
S I .SO. $1.98, $2.25, $2.49, $2.98.
Men's Dress Shoes
K. J. and R. Star Brands or Crossotts, high
grade, all leather shoes, we save you from
52c to $1.02 a pair
$1.98, $2.49, $2.98, $3.50. $3.75, S3.9S
$4.50.
RUBBER FOOT WEAR
Ladies' Rubbers 49
Girls' Rubbers 49'
Ladies' Toe Rubbers 49
Child's Rubbers 39
Misses' Rubbers 49
Ladies' Rubber Boots $1.69
Girls' Rubber Boots $1.49
Child's Rubber Boots .....9S, $1.25
Ladies' Four-buckle Overshoes ....$1.25
Ladies' One-buckle Overshoes 9S
69
Men's Rubbers
Men's Short Rubber Boots
- $2.98, $3.49
Men's Halfhip Rubber Boots $3.49
Men's fullhip Rubber Boots $4.98
Boys' Short Rubber Boots $1.98
Boys' Rubbers 59
Men's Four-buckle Arctics $1.98
Men's Two-buckle Arctics $1.69
Men's One-buckle Arctics $1.25
Men's Lumber Pacs $2 69
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83 BIG BUSY
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J. C. PENNEY CO.
I