La Grande evening observer., May 01, 1923, Image 4

Tuesday, May 1, 1923.
PAGE FOUR
THE LA GRANDE EVENING OBSERVER
7;
La Grande Evening Observer
an iMi:n;ni:vr Mwm-Ai-im.
lu III Jtirl dully uih! weekly nt m
(Iritnd'-, Orwoii, hy I.u (irniult' Kvvii
UltlCK UHNX1H, Kdtlor.
t-jiiltTcd nl llio Vunffrt' ill Lh irini(l,
OrLKun, an Kw iinii i'Ihhm .Mail .SlalUT,
s
A(Mrt-Nf til) uinnuititfitlfuiiH to 'I'll 12
IHIKKKYKK. Uli; Ave., Jh
(Irmidu, Oregon. '
HI IIHf MIITIO V It A'I KM.
It Currier.
f n My, jM-r month , 7 fie
(itlly, n-r thri-u niohlliM .i:!.2r
jiily jut nix mo., lit advain-u 1 1. .1ft
lnlly, wiiiBlt; copy iU:
li v AM) coi vrv ori'ici AL
iAii:ii.
My Mu II.
$.1.00
piilly, prr year, in Hdvunct ....
Pully, fix inui.ttiH In MdvuiM-t
iJuflv, Miri month. In advum-
I if Hi muiilli -
liIU' t...r niuiitli -I'"'
it.. Iii ii ln-r i-il h-K (tri-vtni Hul'-t
Nnv Hiand. I'oriland; fitiiMilnl Niw
tuiiil, J'oriln ml; Multnumii'i
btund, I'ortlfiinl.
Nt!lV
iii;uiii:k of asoiiati;i I'ltuss.
Tli. Anfiicliil'd I'n-rni l t-xrlimiv.-ly
eiilllk-'l tu um! fir iiil'Ji( aliim of nil
Iil'hm dUmil.lH-K .r.'dltfd to it or hot
i.IIhtmihi- nvitll.-'l In 1ll" pap.-T, mid
hIco I hi' iornl m-"" Mihlli.h-d ihfivln.
,ll rlwhlM nf r--inilli'ihm nf icml
Uiiatrln'n heroin nl art rtwrvwd.
ASSUKANCE: If any man be a
worxhiicr f ('od "mi itoh hi will,
him ho hnareth. John J):!J1.
The I. W. W. Strike
It iswio strike; it is an instance of a bunch o men quitting
their jobs. That is the best description of the alleged I. W. V
strike. The demands they were to have made on many employers
have liot been made; they apparently are (putting for no reason
other than they do not want to work any longer. If this be a fact,
the remedy is to replace them with other men as rapidly as pos
sible and let the wheels of progress continue to revolve.
All over Oregon the "strike" has proven to be no strike at all.
Those who have quite can loaf a while and then find employment
in other localities from whence they came, so, sizing up the whole
situation, theie is nothing to be alarmed about.
True vs. Fake Art
Critics of extremism in the "new art," who rate it a passing
fad, presumably have their case against it on the ground that real
art is enduring. It is impossible to think of the extravagances,
the straining after novelty for sake of novelty, the distortion that
characterize this extremism as enduring.
The. world sometimes falls victim to faddism of extreme vari
ety and at such times art may contract the malady, as it has now
done. For it is not immune. The comforting thought is that true
art has too often proved the conqueritig strengths of its resistance
THE OLD HOME TOWN
By Stanley
Ill
if'j-.; Pt-C-ftfct ON MAtN
MLl-T lOOAf WITH A KMAttl
the road between Island City and
Cve, that the people of the county
intended that a better road be con
structed between these PointH than a
mere . niacaduiii road, wnd a stionfr
showing has been nmde that a dual
road, with nine feet of hard surfce,
and seven feet macadam shoulders,
can be constructed for vhe . amount
anplieable for 'the construction of this
road. Hut thiK.iu not a iuestion for
this court to decide, but for the mem
bers of the cmjnty court, who have
been elected by the voters ' of the
county on account of itWur business
qualifications, , In thp vase of Hock
well vs. Henson, KV Oregon 107(i,
which was n suit to enjoin the high
way commission from const rue tinjr a
fUnte highway ufton a route which
it had selected, Justice liurnett says
in his opinion, The nearest that'ean
be claimed in that regard for the!
valence it seems to us is that there
i.i some (jiiestion as to whether the
alion fieii hv the commission was t
preferable to the other route. The
very concession that there is discre
OFFICE CAT
TRADE fnARH
BY JUNIUS
to fear that it will not this time hold its own against the attack Iti in H.e niutu-r ii.vnlvc, the riBhtj t--ar -lay. f'n .
. . . ;if the commission to weigh the in-: 'he blic hlc als In
Of extremism. iirumcnt in fiivor of the iliffoient ! f'l l hmto hi. iik
Today 1m .May (lay. Ho called bo-
.'iiUKe It Ih (He flr-st cou.sln to April
April Kool's day
make everyone .1
iijumcnt in fnvor of the nil fcrent 'tml ' Home meiiiotl or other. On
1 .j routes, ami decide vtheveon, ami asl-l!l' 'hi.x, however, the iictliin Is more
,., , . i,, . ... , , ; , , ilonif 8H there is reasoiiahle room foi'l"''-lalli:ed. . The male sex hculnn to
The Milwatikie Review, a; very creditable weekly news))apfr contention as to which route wns h.oi; me t-ooin (or Apoiios) dm- to
published in Clackamas county, has just issued a special edition Khe jiulitmcnt in relation to the mat-!"''; oi.eni,iK of u- km hut seaHon.
..... . . ,. ,, , o, ti i . . Iter, would he conclusive. Here, as, ' -
m which its slogan is 0, Don t You Remember? it gives history we 1UVR lll,,.n cvj,,.n(.e discloses wimi i no dimmsiinK as the man
of the community under this head in a very pleasing manner. But that the route adopted by the com-."" ; ";;; " imt due to
,, ,, ,., . , i llllission would be shorter, that tho-'llllM' ol..hls head, whpn every-
there are so many things in life that no one wants to remember !lim:jmunl ;,r elevation would he eon- 011,1 '.' Wen pins one?
would it not be well for the souvenir edition of the Review to con-t.-idi'iably less, and there is a quea-' '
.... , ,0 0 v o ., itioniiiK ail'l room for I he exercise of , '" " answer to the
lain the Slogan, 0, Say, Call 1011 See ,' . judKnu-llt as to whether it will not :ll,"v" Ull. ry Is: The man who can-
- - - f I ultimately he the cheaper route. Urt- ,L "ln'w to ihe shape
K, . . ,. , , , ,. ,; ,. ider these conditions we would not be i',r h'M "eiiil---lut does!
Nun in uiiinithmii n.tiL-nc n t.iul,.lfo lu 1 l-VMiii'-rdri limn (VV . . . ..
....b...t. ,v..,,v. , ......v.. i-..,. jUSLl(led in interteriu, with the eon-
who speaks 12 languages is a bov. , ; . 'elusions of the commission, which wtf
l m list 'assume, in uie auscneo 01 evi- :i
Appeal In Mandamus Case
Is i'ot Yet Certain: Judge
Knowles' Decision Given
(Continued from wigo 1)
slder the (tucstion whether u macad
ani road is u permanent road within
the meaning of the law. Upon the
trial tin re was evidence inti oduced
for the purpose of showing what tmrt
of a road the voturn consideied was
a permanent ron in voting upon the
bonding proposition. While there are
Home respectable aulhoi ities which
hold that extraneous uvidencn is ad-
mis.-ible to ithow the intention of tin
i.Iustlce Tiudall nays, "The tfeiUM'U
rule I take to be that where the
words of any written instrument are
free from ambiguity in themselves,
and where circumstances do not cre
ate any doubt of difficulty as to the
proper application of thoye words, tit
claimants under the instrument or
the subject matter to which tho in
strument relates such instrument is
always to be construed according to
the strict plain, common meaning of
leiijjeto-'. the contrary, was honestly
and conscientiously applied to the
facts in the case.' "
" 'In the above case the matler in
volved was the location of a state
hiffhwuy. In the instant case, the
construction of a county rouil. j It
seems 'to me that one involves .dis
cretion and judgment as much ns the
other, and theri'fore cannot bo con
trolled by mandamus proceeding. It
a familiar principle of law that
I It, is 'proper Lti'eull a batter u baU
niiio, . unk-tfN ho sirlUfs out, . Then
i to
you ' rimy 1
own 'judgment,
. sTvi,i ;o;j i'n v .
If the woiinin who ilresm-H o.ulto
proper , .
hocHii't soon riii'il Honit'tbliii,'. to stop
Iter '..'.!.'
Kroni wearing nrt'n's cloth oif '
The Lord only Unows
Th(, kids won't' know niomimd from
: f por.per. j . .. ..' ,'
At liens ((.) .MettHfnvur.
MEN!
ltKEfei:tf(
Get Under
Straw Hat
a
New
SEASON OFFICIALLY OPENS TODAY
Greet the new season .with a Blum and Koch Straw
Hat the best in America.
You will like the proportions, flawless weaving- and
1 moderate prices senates, bangkoks and sailors on display
now. Pick one out now, while your size is here.
the words theim-elves, nnd that 111 j"ne couri. ue a ever so niKa, cumioi. Th(, tl! llu hmy )0 ),,(,
sucn case, evmence ue nors me m- """"" ......... i. :TI1V ,.,.. . . ..i....,,, ,...,,,,.
tiiiinent for the purpose of explain- j court or tiuunnl,-be it ever so low. I .,,. ,.,
inif it iiccordiliK to the surmise or-ill-1 Section 4 ol the Act ol ISM, I, pane jn,- ,,. um. ;,;.,. s.u.
letted intention of the parties to the' lVl, amone; other thiiiffH provides U8jt. a Klsi. ,.,,,, Mml nW3 ils (1Wl
jiiiigggg""''1""'"'1'"
jjl '' The FLORSHEIM SHOE. W
I oA Little Scotch L, ; ; m !
. an intoxicating l Pm ' i
style in a Flor- k.Js - i
-.v'.sheim low shoe 'M M '
I ' of imported Jg&flM. I
I Scotch es$mm i
i Ieather- ' I
I . . .. m'' mm j
I : .' mkiW I
'" roRTins --''s;:5p WiS cabs j I
JjL -5 rjliji
I- -- -- - . . f '
I! '. Power ' V-1
00000500000000000000000000
r 1 1 o
bouthard 6c
Shinn-
Instrument, is utterly iiindiiiis.-:ililc. If
Circuit .hul'c
county court, and the intention of the it were otherwise,, no lawyer v.'ould
voters. Curv vs. Hoard of Supervis- he safe in ailvisini; upon a construe
! ora, 15 KW (idi; Township of Mid-tion of a written instrument, nor
' laud vs. County Hoard. iiiiNW :ilH;nny party in takinir under it. foi
(ieorite vs. Cleveland. 7'I.VW iiliN; I the iihlest advice inlht he contiolled
Xiish vs. liaker, .rliN3VV .'181: .Midland land Ihe clearest title undermined, if
Township vs. (lae county, fil.NWjat some future period parol evidence
.t 1 H. Yet I helieve that tile belter of the particular nieaiiine; which the
rule. Mind the one approved hy the i party affixed lo his words, or of his
Supreme Court of this stale, is thai secret Intention which the party nf
the purp"c of the Uond Issue must fixed to his words, or of his secret
be determined' floni the notice of intention in niakinj; the iiistrume'it.
election itself, without the nld of ex-or if the objects he meant to take
trinsie evidence as to the characl j benefit under it iiiIkIh he sel up
of the road, Ihe county court at the ; to contradict or vary Ihe plain lail
tinie of orderiiii the election proPo.-t- unite of be instrument itself.' "
ed to construct, or the intent of the: "Judve Rean then says: "It is
voters in voting upon it. The no! ice f therefore not competent for either of
of the special bonding; election, which the parties to n contract, where it'
was. posted thioue;hout the county, hiniruae is plain ami uiinlihii.uoiis t!
staled that the purpose of the bonds prove hy parol evidence, bow it was
to be voted was, "to provide for per-, undeiytood. or the niennine; of the
nwillellt road construction." etc. The I Words used."
county court is n court of record. "It Is criieriilly conceded that thcjol Ihe iind of road that the voters
and speaks Jhrouirh its records, and same full" for Ihe construction of con- kneeled to be censtructed."
what any member may say outside I tracts applies for the construction of "It follow... t'io;n the above conclu
of n leiral meetimr Is not binding; I ni tices of election. The w.ud "per (-ions til:,-, the petition for the writ
upon the court. .Marsden vs. liar- Imnnent" though a relative term, ha.- j "f mandn vtv.i:. should be dismissed,
locker, 4K Dickoii III). One voter may j a fixed anil definite nieaniiiir. It-; with uirt a:;J .iisbur.-einents to the
have coastrind the woids, "permit-j meaniiigt musl be deterniined laruelv i ''! ciidaiil."
nent road" to mean one thintr anillby the sense in which it is used. It; Ihitel atij... (irande, Oregon, thi
another voter to mi an something; else. 'does not mean everlasting; and in:lc- ; :lnlh day of April, ll'l'::.
In the ca.-e of Abraham Vs. (). & C. ; sliuclahle, for theie is nothing; in .-ig;ncd: ,l. . Mtowles,
Hy. Co., :I7 Oregron -l!',"). the supreme ,tbp material universe that is ever
court had under consideration the ' lasting; nnd indcsli uctable. It has "
inciilliiitr of Ih,. U...-.K "I ..., imt.i.. I.e..., It. .1.1 lb,.l it I I i,t, '
Kaiircad purposes," as used in n'dees not mean alimony coutinuinc
deed, and Justice liobei t S. Ilctin in I forever. Soul I Calif. App. itT; h7
writing; the opinion of file court says: Pnc. iiOii. A womlen sidewalk which
" 'W'e come then directly to u uon-1 lasts i-even years has been held to
sideralion of the ijueslion as to he a permanent sidewalk, Lowell vs.
whether parol evidence is admissible i I'reneli tin .Mass. That a routine!
lo show that the words "legtiliinale for one year. Sullivan vs. W . & A.
railroad purposes' where used in u Ity. Co..'l:l.- Mich, liiil, II has also
Parlicular scne. It is an elementiiiy : been held lhai an elevated roadway
mle of law that parol evidence can-1 onsti til led in a street partly oil
Hot be admitted lo contradict or vary posls and piles being; sunn. .'tinted
a wi illeu insti iimcnl, and it is eipiul-: with cupping; or sli ing;ers, and the
: ly well settled that parol evidence whole overlaid with planking;, coli
miiy not be griven to show that com- i slilutes a permanent Iniprovement.
nion words, Cue nienning; of which is i Knickeiboeker C. vs. Seattle. I'-'-l I'ac.
plain, and which do not appear floni jH20. The Minieme com! of Washing;
the context to have been in n pe-lou in deciding; this case, says in it.
ctiltur sense, were in fact so used, iopinion, "It was permanent therefore
Mr. (ireenleaf, after slating; Ihe rule in Ihe seu.-e that it was intended
that parol evidence, is always re for tist, as long; as the material of!
ccivnble lo define and explain Ih.'nldch it wa comp. I w.Aild l.ist.j
liM'auiiigr f woiils in a cont.int which and this makes It permanent in a1
are purely technical or local, or.lcgfal sense."
which have two ine.-iniug.-s. the one1 "It would seem that a macadam
. ci nimon and univer,al. and Ihe otbci : toad constructed aecnrdlnir to the,
tichnical or local, or when words and1 plans ami specifications adopted hv 1
phrases are u-ed in a vnilinr sense, the defendant, would ln n peniianen't
hv member.! of a particular lelig;ii.us . ivad within the inealtiiig; of the law.
-ret, says "hul beyond this the pun- It js not for this emit to decide
"'iple doe-- not extend. If therefore 1 whether it is the mo-t permanent .ol
a continct is made in oidinary and whether it would lie n.lvlsibl,. or ex
. pofu'ar langriinue, lo which no local pcdient to construct such a road
or teelmiral nnd iccti!inr lneaningt is Thee are .pieslions for the collide
nllnchcd, pirol evidence it seem is ro,t to de-ide. and exclusive wit'.m
not admissiiile to show thai in thai their province "
Vn-iMil,,,- e-,se the words wee u,l -.,. ,.,lr,..tlv contendel hv
III 1,11. ,.ll. th.lll Ihtli oMKUI-v .J ,r,r (f ..r,,!,,.,,,, ,.
(Hipular sense. I (iieeniraf l-,v,,. ..... a, ji-.nn.-,,! i,; i,, , ,,,. ..j,.
ion nt., sec. i'Jo; nnd Lm.l thief , i'7.o'.'", !. the cen-tniclioii of.s
fa tlier!
Newark,
(i I.I Advoeato.
follows:
" 'The or.ler of tlie county court I
slmll slate the amount of the pro-i
posed bonded indebtedness, th maxi-: ho d.-iide modern fashions are
mum rate of interest it shall hear,. mockem,
and what particular roads within thei.v,,,l we never "mix with the knockers
county are to be built and impiovedl When we see a cirl scnileh
by the inniic.V so raised, and the .-,. ,, nBhl ,v.,h a ,,,.
niinimum amour.t lo b expended on We ar- chid thui she wears knieker
cach ro::d, and where the road Is hocliera.
located within the county jrivimr Ihe lloiulon Cbronlclu,
Dogpnniiig; an.l lerminus inercot, aJid j ...
the c anity court shall not use any : l-:m-h lady her own lo ol.lem lnmdtcs, I
oi ine money so raised uiiocr ine.liui ut, ran lores-e niany scandals,
provi.-ions oi' this act upon any other) l-.Vry hole in the toe
ronds than those embraced theiein." ' or i,,.r slo.-Uhin will show
"Wilile the law requires the mini-, If ' she's si,., nine those new Kim- l',.t
niunl am.uict to be expended ort each i 'saiulalsl
road be -'.e.tcd in the 'Older, yet it j ' : .
is not believed that the county court' '-The inuan.-sl man or woman in Ihe
is compelled to.pvpend tho minimum (world," In the Oetnlon ol oiufor the
amount. liockw-ell vs. Benson, Supra. ,v it Is euiplo.ve.l -hy tin- llhs-mr, "Is
Aithongib tii mir.inrjin amount the Kaus,is C't'. r.-ooiter wl, ,l,s.
' -In nld !'e very persuasive- evidenre 'covered ihe i hin sgmi on l lie Valen-
Ituiek Aiilunioblles
2
liulfk Seivlee g
o o
q lliilek rai-ls iiml Aeeessorles. g
o I'lione .Main oK"
Cor. Adams and Fir g
O o
OOOOOCOOOOOOOOOOOOOOOOOOOO
Ik
-rown and tol.l Ihe world al.oul
I.-" Then, ns an nflet-thotiuht, slo-
Ids. -'Horrors -a slll'k Willi a hal.l
l.ot!"
iiiii'i:i:i:nt
'I'ite n'l.l-llni.-.inel.len us.-.l to Hush
and mm nun co l. "Ihis Is so sud
den." Inn llu- loo I, i n Dapper looks
a l.-llnw In the eye end sat s. "Co
on, wh.-tf .li. - .til ;et Moil siori'-'"
Just Arrived a New!
Shipment of
:2-iiU'!t iini;luiiii
t'liit'iisi Si-rim .'
I'urtnin M:ti(iiisille
I .ace Net Ctirlmn Goods
I iitlirs' IVri'iili' Aprons
l.jnlies' SiiU-t n I'limiin-is in Coitus
1 tidies' Cn-pp 1 Hin, inci's
Child, ous Sali'cn luiinpei Divssfs .
ICs-iiioii;! Crib lilaukt'ts
-T. 2:;c
.l......'2"tc to 4Sc
.....:inc to -isc
. HSf
.. . . J.1.1S
HSo
. .OSc mid
. ? 1.2.1 lo Sl.fi9
Andrew's Variety Store
KC-KC-KC-KC-KC-KC
For Finer Texture
and
Larger Volume
in the baked goods
use
G Baking
Same Price
for over 30 years.
250ncesforg5t
V.rlTY PAY WAR PRICES?
MILLIONS OF POUNDS HOUCHT
DV OUR GOVERNMENT
The three most vital units in the economical
and satisfactory operation of motors are the
Piston Rings, Pistons and Tiston Pins, all oi
which we carry in stock, and with our cylinder
grinding equipment we arc able to give you a
very complete piston assembling service.
Leighton's Welding &
Machine Works
KC-KC-IKC-KC-KC-KC
1 1 -
PROTECT
Your Hands
- . -
Every housewife ought to
own n piiir of
i:l'i.!kk gloves
They keep the hands from
chapping when one has to
Io any out door work the'so
cool days. Are fine to wear
when washing dish s.
scruUiino;, house denning,
etc.
Trice .w0c and $1.00 the pair
KED CKOSS DUL'G
PTOKU ...
1
I
X
There Is a world of diir.r-eiu-.-
in tin: way some men
handle 1 1 1 i t- money.
lint lln: prudent man in-
i irlehly d. -nian. Is u a-
lur. r..r his ih pusils und Ihat '
is -
AilSlil.lTl; s.M-'KTV
Tnis Icioli is a in. iuh.T ol
Ih.- K, d. r.-il l;.-s,-rve Hysl, in.
which Is the slrout'.-st rinall.
cial liislituilou In
e-vistellce
And
mm moAeK to
fju.rr;
seldom stls e
world afire"
invile your ae.
noun whether Iiu-kc or small
with tin. assurance that n
will Kivc It '
riOIIHllNAI, ATTMNTIO.V
You conl.l not do better
than to muUe. our bank your
choice.
IT TAKES 1(1(1 YKAMS TO (iKOWTIMUFR