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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 25, 1905)
THE MORNING OREGONIAN, -TUESDAY, . APRIL 25, 19Q5r OXES FORBID IF LIOUOR FLU Oregon SupremeCourt Upholds the Prohibitory Portland City Ordinance. JUDGE GEORGE IS UPHELD Ivocal Option Law Adopted in June, 1904, Does Not Repeal Special Act Giving City Regula tion of Saloons. In the exercise of police -power under Its charter. the City of Portland Tnas authority to prohibit the .-maintenance of boxes and private, rooms In ealoons or restaurant. Tbt act ot the Legislature of au thorizing Clatsop County to levy a' 5 mlll tax for 15 years to raise a special fund for the building of a courthouse, la In violation of that section of the constitution which prohibit. the crea tion of any Ibt in ezces? of $.VX0. SALEM. Or,. April 24. (SpecTal.) The Supreme Court has upheld the Portland city ordinance prohibiting the keeping ot 4 boxes" where Intoxicating- liquors are sold or served. This decision was ren dered today in an opinion -written by Justice F. A. Moore, affirming the de cision of Circuit Judge M. C. George, of Multnomah County. The principal case In which, the question arose was that of Harry Sandy?, John- P. Rpth, Henry Hartno, John Schlenk. Ferdinand Sechtem, Charles Kirchner. Al G. Day, Frank Grif tHlv T. R. Carsch, Charles Bernslechcr "and Fritz Stroble, appellants, vs. Mayor "V iniams and others, respondents. The sujt was brought by the above raroed proprietors of saloons or restau rants to enjoin tho enforcement of an ordinance which prohibits liquor-sellers from maintaining any box, booth, stall c- private room. This ordinance did not apply to hotels, and did not prohibit the maintenance of boxes having a floor cf more than fto square feet. It prohibits the maintenance of restaurant boxes where liquors are not sold, unless the boxes were open on the side facing the hall or passageway, and had walls not exceeding seven feet in height. The suit was brought upon the ground that the plaintiffs have secured city licenses, have constructed boxes at groat expense, and that if the ordinance be en forced it will work a revocation of the licenses and cause Injury to property and fcjsiness. It was also contended that the ordinance is unconstitutional because it gives hotelkeepers privileges not accorded to saloon or restaurant keepers, and that it is unreasonable and oppressive. In the lower court a demurrer was intefpo'sed on the ground that the complaint did not state facts sufficient to constitute a cause of suit. Judge George sustained the de murrer and dismissed the suit, from which the liquor-sellers appealed. The Supreme Court holds, first, that the local-option liquor law, adopted by the people In June, 19CM. does not repeal, exprefsly or by implication, the special act giving the City of Portland power to license llquor-solllng and to regulate liquor-dealers and the ptaces in which liquors arc sold. The court says: The local option law 1b only a modification of the earlier statute relating to the mode f protesting against the granting o'f licenses t-5 eell intoxicating liquors. . The refusal of a license In an Incorporated town or city, in pursuance of a majority vote or prohibition, under the provisions of the local Option law, is a modification c? the- prior acts generally applicable to municipal cor porations; but, as such law was not Intended to be operative until the expediency or in expediency of granting licenses was deter mined by a popular vote, we think that when the enactment by the people Is considered as an entirety it ebowa that It was not designed as A substitute for the former law, and hence does not repeal prior acts by implication. The opinion asserts the power of the court to set aside the ordinance if it be unreasonable, and then says: If the maintenance by plaintiffs of private rccms In saloons and in restaurants, where intoxicating liquors are sold. Is adopted as a business of pandering to the social Vices of their customers, such pursuit renders these resorts amenable to the jurisdiction of the police power, because Illegal sexual Indul gence involved an Injury to society. If these prl-ate" rooms or boxes are used for immoral purposes, of which fact tho Council of Portland ordinarily were the proper judges, they had ample, authority as. an incident to the power -granted, to pass any ordinance that would reasonably tend to correct this evil, and as the necessity for enactment of the municipal law existed, its provisions are therefore not unreasonable, n hen the size ot the city and the urgent need of such a regulation are considered. Upon the question of special privilege to hotelkeepers the court holds that sell ing Intoxicating liquors is not a common right, and the state or its subordinate agent, the municipal corporation, may confer a privilege on one class of persons which it denies to all others. Concerning the reasonableness of the grant of special privilege in this instance, the court re marks that people who occupy rooms at hotels are generally required to register their names, while those who go to res taurants and saloons are not. Kruse vs. Williams. The case of Theodore Kruse. appellant, George H. Williams et al., respond ents, also from Multnomah County, in volving the same . questions as the San dys case, was also affirmed upon the same grounds. The decision in the lower court was by Judge Georsc and on appeal Jus tice Moore wrote a brief opinion citing the decision in the Sandys case as author Ity for the decision in this case. Brlx vs. Clatsop County. Clatsop County has lost its Courthouse suit, and the Supreme Court has ordered that the county officers be enjoined from collecting the special tax authorized by an act of the Legislature of 1903. Tho act is declared to be unconstitutional be cause in violation of article 11, section 10 of the constitution, which prohibits the creation of any debts or liabilities which shall singly or in the aggregate ex ceed 55000. except to suppress insurrection or repel invasion. This suit was brought by Asmus Brlx and other taxpayers against the county. and was decided by Judge McBride against the taxpayers. This decision is reversed in an opinion -written by Justice Bean. The opinion says in part: That the act of 1905 authorising the levy of a special tax and the making of the con tract for the construction of the Courthouse, was designed to enable the county to avoid the provisions of the constitution is apparent The position of the defendants (county of ficers) la that no debt or liability was created against the county because a special tax to continue, for 15 years to provide a fund for the payment of the contract price vrun levied prior to the making of the contract, and such contract contained a stipulation . that the cost rf the building should be paid only from such fund. . . . The assessment and' , eolife tioa--o - tax on tie property of the Inhabitant of a. munici pality in the future for the bsnefit of -a. par ticular individual . and in payment of "&a ob ligation incurred by the municipal authori ties, necessarily implies a debt or liability against the municipality whlrh the holder Ii entitled to have paid with money derived from taxation. ... A -contract to pay a certain eum in the future with Interest out of money to be thereafter raised by general taxation from all the people ... . is manifestly a debt or liability against the municipality, and no technical process of reasoning, legal acu men of Jugglery of words can makothe fact otherwise. ... To hold otherwise would be to make an un warranted distinction between the taxpayers In their organised capacity and the same per sona as Individuals. The money must come from the taxpayers whatever may.be the language- of the law authorizing its exac tion. . . . The opinion refers to the provisions of the act as asubterfuge and says if this means can be used to build a courthouse it can be al6o used to builcT highways, bridges, jails and like corporate expenses. The constitution was Intended to protect tho taxpayers. Its language is plain and unam biguous, and the court is not Justified In giv ing it a strained or astute Interpretation to avoid Individual or local hardship. It Is Its duty to enforce the provisions aa written, accordng to their plain and obvious meaning, and not to permit it to be circumvented by shifting the burden of a debt from the mu nicipal entity to the taxpayers. . Clatsop County is now $70,000 in,debt and the new courthouse Involved the. expendi ture of over $100,000. i. Welch vs. Kinney. James TV. Welch, respondent, vs. M. J. Kinney, appellant, from Multnomah County. A. F. Sears. Jr.. Judge, reversed and remanded; opinion by Chief Justice" Wolverton. . This was an action to recover on a promissory note executed by Kinney in favor of G. "Wingate. The note was given as subscription to a subsidy fund to aid in building tho Astoria & Columbia River Railroad. The note was assigned by win gate to the Guaranty Bond Committee, of which Kinney was a member. For the purpose of collecting this and other notes the Instruments were assigned to elch, who brffught this action. The Supreme Court holds that since Welch holds-the note merely, for collec tion, he in acting as agent of the commit tee, and since Kinney is a member of the committee, thlp action puts him in the position of suing himself an absurdity which the law will not sanction. . : MAYOR AND CHIEF WAIT. They Will Xot Enforce Law Until They See Decision News of the decision of the Supreme Court as to the constitutionality of the ordinance affecting boxes and side en trances to saloons and other places where liquors are sold was received in Portland yesterday afternoon. For a time there wag much discussion as to the effect of the decision, but It was soon learned that no orders would be given by Mayor Wil liams until such time as he lias received an official copy of the decision, and is, therefore, in a position legally to inter pret the law. N, Mayor Williams said last night: "I do not know the text of the decision, and cannot tell whether it upholds the decision of the lowor court, and until I see a copy of the ruling of the Supreme Court I would not bo Justified in ordering the ordinance enforced." " . "I will take no action relative to order ing out the boxes until the fnjunotion served upon me at the time of the appeal is removed, said Chief of Police Hunt last night. "I will await official notifica tion of the deciBlon: "When officially notified that the ordi nance is effective. I will immediately pro ceed. I will enforce this law. as well as all other laws." I The decision in the now famous box ordinance cases caused but little surprise among the proprietors of pjaces where such rooms have existed for -years. In many of the houses plans have already been made to take out some of the parti tions and thus comply with the law by having 160 square feet of floor space. This is possible in many of the North End con cert halls and theaters by the removing of but one lrame partition, and that the ordinance will be observed to the letter is the unanimous statement of a number of the proprietors. Manager Simmons, of the Orpheum, says as soon as orders are Issued Mr. McDevitt, the proprietor, has given instructions to take out the booths now existing. "We shall immediately observe the provisions of the law, and the officers will not have to tell us" twice, either," said Manager Simmons. At Fritz' Theater and Blaster's thore is no disposition to fight the new ordi nance further. They will simply take out a few partitions and run their busi ness as though nothing had happened. "We are prepared for the enforcement of the ordinance," said Fritz Strobel, of Strobel & Co., the proprietors of the Louvre. "We are now changing the Interior of our place to make room for a large family dining cafe, and within the room where the boxes are now lo cated we shall have a dining-room for gentlemen." "I sha.ll most certainly comply with the law." said Thomas J. Richards. 1 believe that when a law has' been declared con stitutional by tho Supreme Court that it is the duty of every citizen to com ply with its provisions. Mast of the rooms within my house are sufficiently large to be exempt from the provisions of the law, and the smaller ones will be made larger as soon as instructions are received to do. so." The ordinance, which- is known as No. 14.029, was introduced in the Council in May, 1904, and passed on final reading on June 1. The following day Mayor Williams signed the official copy, and it took effect on October 1. Within a few days Theodore Kruse. Rath & Sandys and other restaurant and saloon-keepers attacked the validity of the ordinance in the Circuit Court of this county, where the ordinance was upheld. The case was appealed to the Supreme Court, where .it was argued about two months ago.- The two essential sections of the ordi nance follow: "Section 1. No person engaged in sell ing spirituous, malt or fermented liquors or wines in quantities less, than one quart in any saloon, barroom or restaurant in the City of Portland, shall sell any liquor to be delivered or used, or that shall be delivered or used, in any side room, back room, upper room or other apart ment in the same or an adjoining build ing, and shall not maintain therein or connect therewith anyN alcove, booth or box, or shall have, or maintain any pri vate or separate entrance for any par ticular class of customers, or any words or sign upon any entrance signifying tnat such entrance is for ladles or fam ilies, or for any particular class of per sons, or is a private entrance to such barroom, saloon or restaurant, or to any other apartment used in connection therewith; provided, that nothing: herein contained shall prohibit the serving of such liquor. to guests in a hotel having a valid license to sell the same. "Sec 2. It shall be unlawful for any person to conduct, carry on, open or maintain any restaurant, barroom, or saloon within the City of Portland that has connected therewith any box, booth. stall, or any private room; provided however, that this section shall not ap ply to a private room having: a floor space of more than 160 square feet, nor shall it apply to restaurants in which spirituous, malt or fermented liquors or wines are not sold, and in which such box. booth, stall or private room is so constructed as to be entirely open on the side facing -any hall, hallway, passage way, or room, and the sides thereof do not exceed seven xeet-la belsht NW0QD5 OTTER: Notices Fairly Plaster Trees of the Forest Over Two Townships. V TROUBLE IS SURE TO COME Sooners in Their Little Cabins Will Xot Give Up Without a" Struggle Their Claims on the Gov ernment Land. STEVENSON. Wash.. April 24. (Spe cial.) Birdie McCarty and George How land are not the only persons who will be driven from their claims in the Big Basin country, according to the appearances of things. And it is probable that the per sons tlolng the driving in the times to come will not be placed under bonds to hold the peace, as was the case when Edward Marshall drove Miss McCarty, George Howland and George McCarty from their claims last Saturday morning. .Several hundred acres-of land, two townships, in fact, are about to be opened to settlement In the Big Basin, and the woods are full of squatters, who have anticipated the action of the Government. Nearly every quarter-section throughout the two townships has a cabin on it, while notices plaster the forest. The survey has been made, and the plats are In the Land Office at Vancou ver, 'but for some reason the land has not been advertised. This action will be taken soon, however,, and as it orfly takes 30 days for the advertisement to run. it will be but a short time until the land Is opened to entry, and It is expected that the trouble will commence at that time. The squatters now on the land are very determined and will not give up their claims without a struggle, so that it Is feared much trouble will result when the land is ready to be filed upon In the Land Office. FARMERS FIGHTING MIXERS Impregnated Water Alleged to Have Damaged Land. BOISE. Idaho. April 24. Special.) Hearing of the application for an injunc tion in the case of the farmers along the Coeur d'Alene River against the mine- owners of the Coeur d'Alene came ou be fore Judge Beatty in the United States Court today. The farmers are repre sented by Edwin McBee. C. D. Jones and W. T. Stoll. while the attorneys for the mining companies are C. W. Scale and Albert Allen. Nothing was done to day beyond reading affidavits. All those for the plaintiffs were read and a portion of those for the defense. There are about 110 on file. The farmers allege their lands have been damaged by poisonous matter from the mills carried down by the stream at high water and deposited 'on their lands. They ask in this proceeding that the companies be restrained from running water Into the stream impregnated with mineral substances. The affidavits on that side set forth what are alleged to be the facts of the matter, and say their cattle have been poisoned in large numbers as a result of the poison deposited on the grass. Thl3 allegation is met by affidavits on the other side, in which it is asserted the poisoning of cattle is what Is called fod der poisoning, a disease not peculiar to the lands along that stream. It is claimed it is common in other valleys in Kootenai County, where there are no mills. The affidavits for the mining companies further set forth that the order asked for would result in shutting down the mills and closing up the mining industry of that section, since there is no way to impound the water. It Is the plan to have the arguments tomorrow. MARRY AT TENDER YEARS Ccntralja Young People Gave Their Friends a Surprise. CENTRALIA. Wash.. April 24.-(Spe- xlol trie. Wl T,,V1a i .j Tir-if. t jYwood. both prominent young people of Centralla. in company with Wilfred Ru ble and a young lady, drove to Olympla yesterday, and from there went to Ta coma and were married this afternoon. Tho young people with them did not know of the Intention of their friends to get married, but on their way to Olympla they were acquainted with their Inten tions. During the day the young couple were arguod with, but they did not give In, and on their way home about 9 o'clock, the couple got out ot the buggy and returned to Olympla. Mr. Wood "was very deter mined, and when the brother of his In tended bride attempted to force her to re turn to the buggy he exhibited a gun. Mr. Ruble returned to Centralla with his companion and again took the morning train to Olympla, following the couple from Olympla to Tacoma, where they were married. Miss Ruble is less than 16 yoafe old, while Mr. Wood is under 19. Both are well known in Centralla. They state that they have been engaged fpr three years and Intended to be married in June any way. Mrs. Ruble, the mother 'of the youthful bridge, fainted on the receipt of the news, and has been 111 ever since. A telegram was received from Tacoma this evening stating that they had been married and were now on their honey moon. Not a soul in Centralla knew of the elopement until late Monday evening. FAIR CHILD GETS REWARD. Appointed Member of the Washing ton Railway Commission. OLYMPIA. Wash.. April 2-4. (Special.) The definite announcement that H. A. Falrchild. of Bolllngham. would be a member of the Railway Commission was made by Governor Mead this afternoon. The other two members were not an nounced. Falrchild's appointment has been anticipated ever, since the Railway Commission bill was passed. He and tho Governor are old friends and Falrchild was in reality the manager of Mead's campaign in the entire state, as well as the manager of the Republican- campaign In Whatcom County. He was the leader of the Whatcom County delegation to the Tacoma convention and "was one of the steering committee. During the session of the Legislature Falrchild remained in Olympla and lob bied actively for a railway commission bill. He prepared the Kennedy bill, which was one of the early bills of the session, and which failed to pasts. Falrchild was a member of the 1&03 Legislature. He Is a lawyer and has been very successful in his practice in tho northwestern part of the state. In many of the Important cases arising in Whatcom County in which railway interests have "been in volved, he has been retained, and when retained has invariably been on the side opposing the railway companies. His ap mm FULLOFS polntment is said not to be a pleasing one to the railroads. . The Governor also appointed L. Davies, of Davenport. State Dairy and Food Com missioner. Mr. ravies Is a native of Pennsylvania, a lawyer, and was chair man of the Republican Central Committee in Lincoln County In the last campaign. He succeeds E. A. McDonald, who ten dered hiSf-resignation some time ago. Da- vies appointment takes effect May 1. CONVICTS TO WORK OX ROADS Two Days' Credit to Be Given for Each Day at Shoveling. SALEM. Or.. April 2. Special.)-Forty convicts will bo placed at work on the county roads near Salem tomorrow, half of them on what is known as the River road, leading southward to Hall's Ferry, and the other half on the Jefferson road, leading through the hills from South Commercial street to the town of Jeffer son. County Judge Scott, Superintendent James and Governor Chamberlain held a conference today and settled the arrange ments under which' the convicts are to be worked. Tho county will work the 40 men in two gangs, employing two guards and a super visor for each gang, and one overseer to give general directions to both gangs. The county will pay $3 per day for transporta tion of the convicts over the streetcar lines and 5 cents a day for each man, to cover the additional cost of food while the men are working. The guards will be paid 52 per day each and the super visors and overseer J2.50 each. .The total cost to the county will therefore be about $20.50 per day for the. two gangs of men. 'The convicts will be employed chiefly where shovel work must be done and where teams and machinery cannot be used. It is expected that In thts way the state can determine approximately whether It la profitable to employ con victs on the public highways. Only "trus ties," or men whose conduct and previous records are such that they can be worked outside the prison walls, will be worked on the roads. The men will have two days credited on their term of Imprison ment for each day they work on the roads. LOTTERY PLACES ARE RAIDED Federal Officials Surprise Employes With "Large Bunches of Tickets. SAN FRANCISCO. April 24. Acting under instructions from Washington, Federal otnclals today began what Is de clared to be an active campaign gainst lottery companies. Officers connected with the United States Marshal's office, secret service and Postofllce, raided the local agencies of Honduras and Mexican lotteries and surprised the employes in the act of handling a large quantity of tickets. Papers and packages- were also secured as evidence. A number of em ployes were arrested. PostofflCe In spector Monroe said: , "I can only say in genernl that it is on orders from Washington that I am working and that the Information got by the department was from inspectors In San Antonio, in Colorado and in Louis iana, whore these tickets are brought in from Honduras and from Mexico Raids have already been made In Los Angeles and other points. All the complaints so far have charged the arrested parties with "violating the Interstate commerce law, which, makes It a felony punishable with two years imprisonment to send lottery tickets from' one sta.te to another, either by mail or express. BAKER NAMES HIS DEPUTIES F. M. Pugh. Long in 'Office. at Spo kane. Is Let Out. SPOKANE. Wash.. April 21. (Special.) George H. Baker, United States Marshal for the new Eastern Washington dis trict, tonight announced his deputies. They are: R. D. McCully. of Goldendale; George Devenpeck, of Spokane; and George M Baker, of Goldendale,- son of the new Marshal. N. A. Short was named as dep uty marshal at North xaklma. Charles B. Hopkins will tomorrow take out a new bond as Marshal of the West ern District, and announces that he will take up his residence in Seattle June 1 The appointments made by Marshal Baker today let out Felix M. Pugh, who has been a deputy marshal in Spokane for seven years, serving under Marshals ide and Hopkins. Mr. Baker told Push and Devenpeck there was one deputyship to be given spoicane, ana leit tnem to ar range it. Devenpeck won out. He has been a deputy marshal about two years, REVISION OF THE LAWS. AVoodmen's Debnte Xot Concluded With Evening Session. LOS ANGELES. April 24. The conven tion of the Woodmen of the World spent two sessions today in a discussion of the questions of legislation and revision of laws, and especially an they applied to Insurance rates In the order. The de bate was not concluded when the con ventlon adjourned this evening, and will be continued in the morning. The grand circle of the Women of Woodcraft was also engrossed today with the matter of legislation. The only important action taken was the decision hereafter to hold sessions only every four years Instead of biennially, as at present. The matter of selecting the place for permanent headquarters for this branch of the order has been .made a special order of business for next Thursday morning. A number of cities are com petlng, but general sentiment is said -to favor Salt Lake City. HEIXZE WAS OX THE STAND Testifies on Technical Points in the Nipper Case. BUTTE, Mont.. April 24. A Miner spe cial from Helena says: F. Augustus Helnze was on the witness stand today before Judge W. H. Hunt In the United States Court in the hearing to show cause why the injunction here tofore Issued in the case of the Nipper company against the Parrot company should not be made permanent. His testimony was devoted largely to the apex of the vein of the Nipper and de veloped nothing of special Interest affect lng tho case. The plaintiff's side of ' the case will probably be concluded tomorrow, after which the Parrot people will have their Inning. The Parrot company Is accused looting the Nipper claim of over $5,000,000 worth of ore. Courthouse Mu6t Wait. i ASTORIA. Or., April 24. (Special.) Work on the construction of the Court house was suspended some months ago, when the foundation and basement were completed, and the decision of the Su preme Court today means tha the con struction cannot be resumed for an indefl nite period. The special tax collected last year and this year is sufficient to pay for the work done, with the exception about $13,000 due the contractors, Hastle & Dougan. of Spokane. When this will be paid will depend on the future action of the County Court, but It Is understood the special levy will be made each year until all claims are paid and sufficient funds have been secured to complete the building. Fatal Row of Drunken Indians. TJKIAH, Cal., April 24. During- a drunken quarrel between Indians at the Beattie ranch. Bill Beef was shot by Bob Parrish. and died later. After receiving the wound Beef stabbed Parrish. in the abdomen, inflicting- in- - Jjurles that may; result in death, DUEL !M STREETS Feud Results in Two Deaths in California Town. ONLY ONE BROTHER IS LEFT Third of the Burton Boys to Die at the Hands of the Walkers or Some of Their Partisans. BAKERSFIELD, Cal., April 24. A feud between two well-known mountain fami lies, the WalkerB and Burtons, and ex tending over a period of two decades, brone out again "in the mining town of Havilah today, when Newt Walker and DaVe Burton fought a duel in the street. resulting in the Instant death of Burton ar' .lis companion, a man named Bajrsby. Ton or a dozen shots were fired before Burton fell. Walker made his escape and Is now hidden in the mountains. This Is the third of the Burton boys to die violent deaths. Fletcher Burton was killed by. Ben Walker In 1S91, and Walker Is still a fugitive from justice. The Gib son brothers were convicted as accesso ries to the crime and sentenced to life imprisonment, but were pardoned. Jim Burton was shot down on the same night that Fletcher was killed, but he recovered, only to meet death a year later at the hands ot C. H. Allison, a partisan of the Gibsons. Allison subse quently was acquitted. There Is but one ot the Burton brothers alive now, Luther by name, a prominent mining man of Tonopah. He has been notified of his brother's death. Only last week Phil Walker, the young est member of the Walker family, plead ed guilty to murdering an old man by the name of Nicoll, and was sentenced to life Imprisonment. SIX BITS SAVES HER LIFE Incident in Matrimonial Career of 31 vs. F. R. Thomas. SAN FRANCISCO. April 24.-(Soecial.) Lulu Thomas, wife of Frank R. Thomas. after a sorry matrimonial experience. filed an action for divorce In the Superior court today. The marriage took place In Heppner. Or., November S. 1S95. Thomas was given a jpb to clear a tract of land about 24 miles from Heppner and the task required three months. He took Mrs. Thomas with him and compelled her to get out and work as much as he did sawing and lifting and rolling timbers. in order to carry out his orders she had to dress as a man. He entered restaurant in which she was working at one time and loaded a repeating rltte. He announced that the lead was Intended for two persons himself and wife. Mrs. Thomas pleaded for possession of the gun and incidentally a continuance of her own life and by coaxing was finally able to get the gun from him on payment ot i cents. Mrs. Thomas mentions another exciting incident In her complaint. She had pur chased some alcohol and camphor gum for medical purposes. Thomas found the alcohol and drank the contents of the bottle, which gave him an attack of delirium tremens. He got a double- barreled shotgun and threatened to shoot his wife through a window, but she ran away and remained absent until he had time to become sober. For seven years Thomas has not contributed to the sup port of his wife. CHARGED WITH PATRICIDE. Scvcntecn-Year-OIrt Boy Had Quar rel With His Father. CHEHALIS. Wash.. April 21. (Special.) The trial of Tom Brown. 17 years old. charged with patricide, began In the Su perior Court this morning. Brown killed his father, Charles Brown, of Eagleton. December 23. The tragedy occurred 12 miles west of here and the only eye witnesses were the prisoner and a younger brother, who was with the father.- How ever, over 60 witnesses have been sum moned to appear. s It is likely that the defense will use the insanity plea in extenuation of the crime. County Attorney J. R. Buxton and Hon. A. J. Falknor. of Olympla. appear for the state, and M. A. Langhorne. ex County Attorney, and J. M. Ponder, both of Chehalls, appear for the prisoner. The crime was committed as. the result of a quarrel between the father and son over the misuse of a pony with which the father was drawing a heavy load, and which belonged to the boy. The boy met the father on the road, and the quar rel followed. The boy hurried home, about three miles, secured a Winchester and lay in wait for the father and shot him after a brief talk when he appeared. The time today was occupied In securing a Jury. Judge Rice Is hearing the case. "FIGHTS FOR HIS PRESENTS Chicago Doctor Thinks His Seattle Fiancee Is Playing False. SEATTLE, Wash., April' 24. (Special.) Because he thought his fiancee was play ing him false. Dr. H. S. Huston, member of the firm of Huston Brps., physicians, in Chicago, camo to Seattle today to break off the engagement to marry Miss Harriet Louie Cherry, who in fact Is Mrs. Harriet Louie Henry, and to secure from her the diamond engagement ring, a wedding drees and other articles he says he gave to her as ante-wedding gifts. Dr. Huston tried to force the recovery of his property and partly succeeded. Hus ton was afterward taken ln custody by the police and Miss Cherry says she will prosecute him for assault and batters. A pitched battle between the physician and his sweetheart occurred this morn ing In the Walden Hotel, at Sixth and Yesler. Huston arrived from Chicago at 7 o'clock this morning and at 9 o:Iock called at the hotel to see Miss Cherry. He -knocked at the door and Mia? Cherry announced that she wa3 dressing. In a short time Dr. Huston was admitted, Then the battle began. RELIGION DRIVES HT3I . 3LD Glassblowcr, Stark Naked, Prays in a Crowded Saloon. - SEATTLE, Wash.. April 24l-((Special.) Tony Fredericks, a glasablower at the Renton factory, burst Into Ben Atkinson's saloon at Benton Sunday, stark naked, and kneeling on the sawdust-covered floor, cried: "You arc all lost unless I can save you now. The devil has every one of you. O. God, give me strength to convert all these wicked men and make Chris tians out of them. Every one of you must be a Christian. I must save Renton for God." Today Fredericksoccdples a padded cell at the County Jail and he has repeatedly attempted to butt out his brains against the walls. He Is hopelessly Insane. Fred ericks has gone religiously mad. For days he muttered comments on the ser- mons he had heard and changed from a fun-loving, light-hearted companion to a fanatic. He will go now to the mad house. Dr. J. Wilbur Chapman and associates today edited a penny paper here accord ing to their lights. Three of the front page displays were given to the evan gelists and on the last page a "dialogue" Interview set forth the claim that Dr. Chapman's party depended upon the bounty of the people for subsistence. It denied the story that a monetary guar antee was demanded. The" editorials are all of revival character. EIGHTY DEGREES AT SEATTLE Warmest Easter but One In Fifteen Years. sTTATTt.-K wash. Anrii 5i.-f social I Only one other day on record has shown ; a warmer Easter than the Weather Bu reau attests was experienced in Seattle yesterday. The weather observer says April 16. 1S97. the thermometer climbed to 5 degrees, but with that exception yes terday was the hottest April day on record in the 15 years that records nave Deen kept in Seattle. The temperature was only 6o degrees at noon, but beginning about 2 o'clock It scgan to climb by leaps and bounds until the thermometer showed SO degrees about 3 o'clock. All the Summer resorts were crowded, and the bay looked as tnough a June yachting party was out. THIEVES AT TENDER YEARS Albany Boys of "10 Twice Hob Train ( of iews Vender's Stock. ALBANY. Or.. April 24. CSpeclaI.)-OU- ver Wagstaff and Frank Hammer, two Albany youths, barely 16 years old. were today arrested by Chief of Police McClaln on a warrant issued out of Recorder Van Winkle's court, charging them with lar ceny from a railroad train. Several weeks ago someone broke into tne smoK-insr-car of the "Albany local," the train which runs between Albany and Portland, remaining in Albany over night, and pil fered the news agent's stock trunk. Some time later the act was repeated, the last time the trunk being robbed of all Its J contents. . When arrested the youthful culprits admitted their guilt and directed the offi- cer where to find the stolen gooas in an j old barn. Deputy District Attorney Hill stated today when the boys were ar- ralgned that, on account of their tender years, he n&a mulcted tnem ior simpie larceny only, believing that a term m tne County Jail would do more good than tPhenRen t0 Recorder Van Winkle gave the boys some good advice and sentenced them to a fine of $25 each, or 12) da's ln the County jail. SPECIAL COACH FR03I POLK Development League Delegates Will Come in Decorated Car. INDEPENDENCE, Or.. April 25. (Spe cial.) The blue ribbon county delegation from Polk to the State Development -League meeting will alight from a special coach of the Southern Pacific train, cor ner " of Fourth and Yamhill streets, in Portland, at 5:30 Tuesday afternoon. A special coach, set off by the railroad company for the purpose, i? being deco rated, by the women of Independence to day. The Monmouth Band, that will play for the Willamette Valley Development League session of the meeting, will ac company the delegation from here. The unusually fine srowlag" weather creates an Imperative demand for atten tion, particularly In the hop fields, and many who otherwise would have attended will be kept at home. Polk, however, will be represented at the league mcetJnjr. There will be delegates from the Inde pendence Improvement League and from the -Civic 'Improvement T-eacue of Mon mouth, and delegates from the surround ing country. Religionists to Parade Streets. OREGON CITY. Or., April 24.-(Special.) Following the programme that was adopted by Dr. Chapman, the evangelist, at Portland, It is proposed to have Rev. J. E. Snyder, who is conducting a series of evangelistic meetings in this city, ac companied by his co-workers, parade the streets of Oregon City next Thurs day evening, following the usual even ing service, which will be held at the Presbyterian Church. Headed by com panies of singers and the corps of speak ers, augmented by a number from Port land, the Christian people of the city are to march through the principal streets and conduct an open-air meeting. "A SECRBT." One ereat secret of yonth and beauty for the young woman or the mother is the proper understanding of her womanly sys tem and well-being. Everv woman, young or old, 5hould know kcrself and her phys ical mace up. A good way to arrive at this knowledge is to get a good doctor boot, such, for instance, as the "People's Common Sense Medical Adviser," by K. V. Pierce, M. D., which can readily be. pro cured by sending twenty-one cents in one cent stamps for paper-bound volume, or thirty-one cents for cloth-bound copy, ad dressing Dr. R. V. Pierce, at Bufialo, N. Y. The change from maidenhood to woman hood, is one that involves the whole body. The strain at this time upon the blood forming structures may be too great Dis orders of the functions peculiarly feminine are nearly always dependent upon de fective nutrition. In all such cases Dr. Pierce's Favorite Prescription is just the vegetable tonic for the female system. "I cannot express my thanks for the benefit I hTe received from Dr. Pierce's medicines,' writes Mrs. Julius Wehrly, of Cambridge. Dor chester Co.. ild. "I toot 'Favorite Prescrip tion' and feel that a perfect cure has been effected. I feel like thanking you for the land snd fatherly letters which you wrote." Dr. Pierce's Favorite Prescription was the first exclusively woman's tonic on the market. It has sold more largely in the past tniro of a century than any other medicine for women. Do not let the drug- rist persuade you to try some compound has not had the test of so many years' success. Dr. Pierce's Pleasant Pellets should be 8 ced with "Favorite Prescription' when ever a laxative is required HAND SAPOLIO FOR TOILET AND BATH It makes the toilet something to be enjoyed. It removes all stains an roughness, prevents prickly heat and chafing, and leaves the skin, whits, soft, healthy. In the bath, it brings a glow and exhilaration which no com mon soao can eaual. imrartins ths Vigor and life sensationof amildTark jflff ftflfl MrRlfilsW pit nirin aai inn I PA NH A 'H I I ii i ti i wk. u uiii t t un EVES Y SUFFERER WA2TTS TEG VEST QUICKEST CUBE. Xr. PnortB Thla&s ttto atesaedy Used htf Him with Sneh Remarkable S access the Best Cured by Tlve Boxes. "Men who have to do difficult and. dangerous rorlc on electric lines ot any hour of day or night, can't afford to have: anything the matter with their health,"' said Mr. Donovan. You can imagine therefore, how much I was alarmed on' winter's day in 1902, when I was seized! by a pain just behind my right hip tfcafci made it difiicn.lt; lor me to waiK nome It wa.3 so bad by the time I reached the. house that I was obliged to go straight to bed." " Did that relieve you ?" " No, the pain grew more severe and kept extendiug downward along my leg.. I sent for a physician, and he soon de cided that-I had sciatica. In a few days the whole nerve was affected, and ths least movement brought on terxibla agony." "Did your condition improve nudes the doctor's treatment?" "Quite the contrary. At the endol two months I wasn't a bit better, and at times I feared that I would never be able to leave my bed." " How did you get out again ?" " When I was lying in bed, unable to move and wasting away in flesh, a friend visited me and told me about the won derful cures brought about by a great blood and nerve remedy, Dr. "Williams' Pink Pills. He strongly urged me to try them, and I luckily had sense enough to take his advice." " Did you mend quickly?" " Yes, that was the astonishing thing. I noticed a slight improvement before I quj finished the first box of the , , t1I.m rtf Vofi .T,;iaTw,. pM. I could get ont of bed while I was on cne uiira dox, unu i wan euuu.oi cured by the time I had. taken five boxes." M j - A Donovan is living at V h,wbiWm nfl 4.lin i iuein,iicn a..., - inspector lor tne Jiaverniii, Jiewxon ana piaistow Electric Street Railway. Dr. j Williams' Pink Pills are the remedy to , use when the blood is thin, as in anemia; or impure, as in rheumatism; or when the nerves are weak, as in neuralgia; or lifeless, as in Dartial paralysis; or when the body es a whole is ill-nourished, a in general debility. They are, sold by all druggists. WHEN Gordon wi, "fj for bert hU (soft or Jtiff) " people wondered bow It cocld be pouible. Gordon THERE isn't any thing remarkable in the fact that you can buy the best hat made to-day for $2 less than men paid a few years ago for the same qualities. Hat making has been revolutionized like most other crafts. You can't put any more value in a hat than you will find in the Gordon. Gordon Hats $3 (Established 1S79.) "Curt JTMXe Ton Sleep," Whoop! ng-Cough, Croup, Bronchitis, Coughs, Diphtheria, Catarrh. ConrfencecanheplacedinaTemedy,whica foraqnarter of a century has earned unquali fied praise. Ask your physician about It. CBESOUftB is a boon to ajthtaa ties All rnur! Snd jjtlfor4 trlptlr UUt. CrtiUa jLBtV pile Thro I TV left foi th IrrS t(4 t&Tcut, at ynar dnifsiit at from nu lie l Ufflpt. Ths Yapo-Cresolene Co. 180 Fulton St. H.Y. C. GEE WO The Great Chinese Doctor is called great becaus his wonderful cures are so well known throughout tho United Statea and becausa so many people ax thankful to him for saving tbelr lives from OPERATIONS He treats any and. ail diseases with powerful Chinese herbs, roots, buds, bark and vege tables that are entire ly unknown to medical science In this country. nnd throuca tao use of these harmless reme d?eithThlS famous doctor know, tb a acUoa ot 0TeJLn nsed In. different diseases. He f !?,cc"i to cure catarrh, asthma, luns , SSSW' 500 aiueren ;XlZZr,T private aU and see him. Charces mcderai. r.1 r.-eB. Hunareoa 01 imi. CONSULTATION rKcc Patients out of, the city write for blank and circular. Inclose stamp. Addres THE C. GEE WO CHINESE MEDICINE CO. 253 Alder Street Mention this pauer. Pqrtland, Or. Stairway of 2314 Alder leading: to my oQce.