Morning Oregonian. (Portland, Or.) 1861-1937, April 25, 1905, Page 6, Image 6

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    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.