Morning Oregonian. (Portland, Or.) 1861-1937, October 20, 1906, Page 6, Image 6

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Is a Criminal Statute and Su
perior to City Charter
' Provisions.
Circuit Judge Burnett Decides Co
qui lie Test Case Apalnst Liquor
Interests Appeul to Supreme
Court Will Ite Taken.
FALElf, Or., Oct. 39. (Special.) That
cities have no power to enact charters
that conflict with the local option law
was the decision rendered today by Cir
cuit Judge Oeorge II. Burnett in the
Coriuille saloon case, which he tried in
Coos County some tinie aKo. This is a
sweeping dufeat for the saloons, for if
the decision is affirmed hy the Supreme
Court it will destroy the last hope of the
liquor Interests to circumvent the local,
option law.
The Coqullle case wag brought for the
purpose of testing the law, and it has
been understood from the beginning that
the case will be appealed to the Supreme
Court. . In a dozen towns In the counties
that went "dry" last June the saloon
men stand ready to have new charters
adopted If charter provisions are held
superior to the state law. According to
Judge Burnett's decision such a move
will be of no avail.
Facts In the Test Case.
Judge Burnett tried this case for Judge
Hamilton while Judge Hamilton sat in
Judge Burnett's court In Yamhill County.
The facts are that a local option election
was held In Coos County and West Co
quillc Precinct, in which the town of
Coquiile Is situated, voted "dry." At th
same election the people adopted a con
stitutional amendment which authorizes
the people of a city to adopt or amend
their own charters, "subject to the con
stitution and criminal laws of the state."
The town of Coquiile proceeded under this
section and adopted a charter which au
thorized it to license the sale of liquor.
Immediately after the election a license
was Issued to (3eorge K. Baxter, under
.which he sold liquor in Coquiile. He was
tfrrested, convicted and fined $.'0. He took
a writ of review to the Circuit Qourt and
the case was argued at great length be
fore Judge Burnett. The case was taken
under advisement and today Judge Bur
nett mailed his decision to Coos County
to be filed and recorded.
Xo Opinion in Writing.
Judge Burnett wrote no opinion in the
case, but from the issues it is apparent
that he must have decided the following
points: That the local option law Is con
stitutional: that the local option law Is
a criminal law. since It defines an offense
which is punishable by indictment and
fine; that the people of a city located in
a precinct which has gone "dry" cannot
therefore adopt a charter which wHi sus
pend the operation of the local option
Spokane Federal Court liefuses Wal
lula Pacific an Injunction.
SPOKANE, Wash., Oct. 19. (Special.)
Judge Whitson today refused to grant an
Injunction against the Portland & Seattle
Railway Company on complaint of the
"Wallula Pacific Railroad Company, which
is controlled by the Harriman system.
The complaint, which was filed in the
Federal Court, alleged that the defendant
corporation wasMnfringlng upon the com
plainant's right of way on the north bank
of the Columbia River. The defendant
challenged the jurisdiction of the court
by demurrer, which was sustained by
Judge Whitson. -
The Judge made the suggestion that if
the complainant proves title to the right
of way and the defendant constructs a
railroad thereon the Wallula Pacific will
thereby be saved the expense of con
structing lino of its own.
Coroner's Jury Accuses Iilionimus
of Dellucrutely Killing Tom Myers.
PENDLETON. Or., Oct. 19. (Special.)
'That we do know that Rhonimus fol
lowed Torn Myers between four and five
miles with Intention to kill, and that we
further found out that he shot Tom
Myers down In cold blood." This is the
substance of the verdict rendered by the
Jury empaneled by Coroner Folsom to in
vestigate the fatal shooting on the range
near Meacham Thursday.
The Jury was composed of the following
neighbors of the participants in the af
fray: R. Keegan, Frank Roach, C. M. Jop
lin, D. Owens, B. F. Palmer and I. L.
A warrant of arrest has been issued for
Rhonimus. and he will be brought to Pen
dleton as soon as his wound will permit
hint to be moved.
Fred Deforil, Formerly or Canyon
City, Arrested at Boise.
BOI9H, Idaho, Oct. 19. t9;ieclal.) Sher
iff Ambrose, of Canyon County. Oregon,
tonight arrested Fred Dcford, formerly of
Canyon City. Doford formerly ran a
butcher shop at that place. About three
months -ago he disappeared, and an in
vestigation 19 said to have developed the
fact that he had stolen a large amount of
beef. It Is alleged that he seems to have
stolen all the meats he handled.
I'eford was recognized at the fair here
by a former acquaintance. The latter
wired the Sheriff, ami the fugitive is now
in custody. Ambrose left tonight with his
prisoner. Detord consented to go with
out extradition.
Washington Congressman Addresses
Republican Meeting at Chclialis.
CHKHAL13. Wash.. Oct. 19. (Special.)
Congressman Will H Humphrey opened
the Hepuhlican campaign in Lewis County
here tonight. There waa a good audience,
despite two counter-attractions. Mr.
Humphrey's address was devoted to a re
view of the work of the Washington Con
gressional delegation and of the Republi
can record in the last Congress. He also
discussed the tariff and trusts.
Andrew Hughes.
CASTLE ROCK. Wash.. Oct. 19. (Spc
coal.t Andrew Hughes, an old resident
of Castle Rock and Cowlitz County, died
this morning at 10 o'clock, of cancer of
the stomach, aged -about 70 years. He
had lived here many years, and was well
and favorably known. He-had been a
sufferer from the disease from which ha
died for many months. He leaves a wife
and several step-children.
Arrives at Golden Gate After Worst
Gale Since Leaving Xonie.
SAN FRANCISCO. Oct. 19. The Nor
wegian sloop Gjoa. in which Captain
Ronald AmuncTsen traversed the Northwest
Passage, arrived here this evening from
Cape Nome and is . now at anchor off
Sausalito. Captain Amundsen, who ar
rived here several days ago overland met
the Gjoa outside the Golden Gate and
brought her into the harbor.
The Gjoa arrived early this morning
off Cape Reyes, after weathering the
worst storm of her trip from Nome. For
48 hours she was hove to. unable to take
advantage of the Northwest gale blowing.
She had t use oil in a lavish fashion
on the water. At 6 o'clock this morning
the wind calmed down. As the barom
eter was falling. Lieutenant. Hansen, her
commander, took a line from a steam
fishing vessel. Pilot Magnus Anderson
hoarded- the Gjoa outside the Golden
Gate and took her anchor off Point
Captain Amundsen, with a large party
of friends, went out in the United States
Revenue Cutter Golclen Gate, placed at
his disposal by t'nited States Collector
of Customs Stratton and boarded the
Gjoax at 2 P. M. The Golden Gate took
the Gjoa in tow to Sausalito, where she
is now at anchor awaiting the official
Political Struggle Now On in
, Washington Apathetic.
Making Quiet Fight for Control or
Xext Legislature Saloon Men
Take Little - Interest fn
Movements of Enemies.
SEATTLE, Wash., Oct. 19. (Speclal.)-r
Quietly and without maWng any fuss or
attracting any attention, the Anti-Saloon
League is making a hard fight for con
trol of the next Legislature. Pressure is
being brought to bear upon nominees for
both houses to drive them Into bargain
ing to support a precinct local option
bill. The Anti-Saloon League leaders
claim their local option bill will not be
identical with that passed in Oregon, but
'' Aft ' - '
. r- CI
reception to Captain Amundsen and crew
by the citizens of San Francisco.
The crew of the Gjoa are all well and
together with captain Amundsen will go
to New York as soon as possible. They
will leave for Norway November 8 on the
Oscar II, of the Scandinavian-American
Pearl Tuel Says She' Saved Money
to Pay Railroad Fare Robbed
. by a Thug.
' SALEM, Oct. 19. (Special.) A desire
to visit her young cousins in this city is
the reason given by 14-year-old Pearl
Tuel, of Tacoma, for running away from
her home and coming here. According to
her story she saved up money received
from various sources' in small amounts,
until shti had enough to pay her way
here. She had long wanted to come here
to visit her cousins, but her father had
denied her requests. Determined to come
anyway, she saved up noney for several
months and then ran away.
Falling into the clutches of a ruffian
was her first experience. here. If what she
says is true. She says that on arriving
here Wednesday evening she wandered'
around the streets, not knowing where to
find her uncle, and while walking from
Front street to Commercial, on State, she
was seized by a man who emerged from
a dark alley, and dragged her back out of
the lighted street. She screamed and
struggled and was soon released.
Going up to Commercial street, she
made inquiries and finally found her un
cle. A. H. Tuel, working In George'
Brothers' restaurant. Her - uncle imme
diately telegraphed her father, A. W.
Tuel, who came after er today. The girl
asserts that the man who seized her
took her purse, containing $6 In cash.
Her father did not know she had
money and is at a loss to know how she
was able to save up so much without his
knowing it.
Fruitgrowers Meet in Seattle.
SEATTLE. Wash., Oct. 19. (Special.)
The Northwest Fruitgrowers' Asso
ciation, which includes in its membership
horticulturists of Oregon, Washington,
Idaho, Montana and British Columbia,
will hold its 1907 meeting at Seattle in
.January. A letter was sent to- the Se
attle Chamber of Commerce today noti
fying that body of the meeting plans. At
the January session an effort will be
made by the directors of the Alaska-Yukon-Paclfic
Exposition to have a com
mittee named to prepare plans for a
horticultural exhibit at the 1909 fair.
J. W. Lj sons Succeeds C. A. Snowden
OLYMPIA. Wash.. Oct. 19. (Special.)
The State Railroad Commission today
accepted the resignation of C. A. Snowden
as secretary to take effect October 1,
and elected J. Will Lysons to the vacant
position. Mr. Lyson was granted leave
of absence without pay to November 12
to enable him to act as secretary of the
Republican state central committee at
Seattle. O. O. Calderhead. rate cleric, of
the commission, was elected assistant secretary.
the features that have been discussed
do not indicate any material difference.
The bill is framed to permit a vote in
each precinct upon the question of issu
ing liquor licenses and the result is bind
ing upon City Councils or County Com
missioners. It is claimed the Anti-Saloon League
has obtained pledges of assistance from
many of the men nominated in the larger
counties of the West Side. It was ex
pected they would have plenty of sup
port from the Eastern Washington farm
ing sections, but the thickly populated
districts of Western-. "Washington were
counted against-. the local option follow
ing. If the gains the Anti-Saloon League
claims to have made, can be counted, the
local option fight ijill be harder this
Winter than at any time since the ques
tion became mooted in this state.
A few months ago the Washington
State Liquor Dealers" Association was
active in Its ' preparations for a protective
fight, but that organization has paid com
paratively little attention to politics re
cently. The saloon men's organ has been
making a strong appeal to the liquor
interests to organize for their tight, but
the saloon men have not paid much at
tention to the warnings.
Surface Indications thus far do not
show that local option can pass, but In
advance of the election it is impossible
to teil how -many pledges have been had
by the local option workers.
The Anti-Saloon League's fight and the
slight mixture of Senatorial politics are
the only features figuring at all promi
nently in the pending legislative election.
The direct primary fight, strong a few
weeks ago, is not much mentioned, for
all parties have agreed to direct primary
legislation and there Is a disposition to
consider ' such a measure certain of pas
sage. In but few districts does Sena
torial politics cut much of a figure. The
most serious factional fight on that Issue
Is the San Juan-CIallam-Jefferson strug
gle, where William Bishop, the Independ
ent candidate, is an anti-Ankeny man.
A fight has been stirred up in the 29th
district. Pierce County, against W. H.
Paulhamus, of Sumncit but It Is not a
fight that promises much. The fight is
an outgrowth of old factional differences.
Paulhamus has been aggressive in party
affairs for years, up to this Fall losing
the district. There was no serious oppo
sition to his nomination to succeed the
late State Senator C. L. Stewart, though
some of his enemies claim that his pro
' railroad commission sympathies carried
him too far away fom Mead In the cam
paign of 1904.
Paulhamus is at the head of the Puy-alltip-
Valley Fruit Growers' Association,
and the prime mover In the annual Puy
allup Valley Fair. - He Is known person
ally to most men of his district. A few
months ago Paulhamus was liberally in
dorsed as a candidate for appointment on
the Interstate Commerce Commission,
and even after Franklin K. Lane, of San
Francisco, was given a Pacific Coast ap
pointment the Seattle Manufacturers' As
(fcictation tried to Induce Senator Plies
to renew the fight for an appointment for
K. R. Rogers, of Puyallup, a son
of the former Populist Governor, John R.
Rogers, is a candidate against Paul
hamus. Rogers has been ' a Puy
allup business man for years, but not
very prominent in party affairs. He held
one bank- receivership, -but otherwise has
kept from public view. He lacks his
father's -aggressiveness and --oratorical
gifts but he aspires to a seat in the
Senate from the district his father once
represented in the House. If the reports
that come in to well-informed circles are
at all reliable Paulhamus should win.
Congressman W. E. Humphrey narrowly-
escaped being dragged into the fac
tional fight In San Juan County. He was
Induced to go into the county and did
not find until he arrives that the Schultz
McMIllan fight was pervading everything.
Both the Schultz and McMillan tickets
are Republican and there is no Demo
cratic ticket in the field. Congressman
Humphrey was gotten Into the county on
the theory that he might 'interfere, but
he got away promptly , without commit
ting himself. Senator Piles Is down for a
speech at West Sound, where he will run
the same kind of a chance.
The Junior Senator's friends declare
that he Will not touch local affairs. He
will, though, attempt to line up both
factions in the support of John L. Blair,
nominee for Joint Senator. Blair needs a
lot of help and Piles had a conference
with him at Belllngham yesterday to of
fer any assistance he could give.
The Republican state campaign . com
mittee this year, aided by an apathy that
has not called for many speakers, has
succeeded in fixing .a speaking schedule
for the Congressional delegation that. Im
poses practlcaUy no .hardships upon the
campaigners. At every past election al
most impossible' jumps have . been de
manded, mid-day meetings have been fre
quent and the campaigners have been
worn out at the end of the campaign. The
speakers this year will go over the state
as though on a Junket' with an easy train
schedule to follow.
New Building for Yakima.
NORTH YAKIMA. Wash.. Oct. 19.
(Special.) The contract for the new $16,000
building of the Northwest Light & Water
Company, was let this morning. B. E.
Wiley gets the stone work and the Frank
lin Fireproofing Company, of Seattle, the
cement work and fireproofing.
Secretary of War Will Make
Campaign Speech in Idaho.."
Republicans Flan to Make Meeting
This Month the Greatest Fo- '
litical Gathering Ever
Held in. State.
BOISE, Idaho, Oct 19. (Special.) Offi
cial Information has been received here
that Secretary of War Taft will make one
speech in Idaho during the campaign. It
will be delivered in Boise,- probably on
October 30 or 31. Some time ago It was
intimated that th Secretary might come
out here to speak a word for the Repub
lican ticket, but the matter was not de
cided until today. .
It is expected that the meeting to be
arranged for . fhe Secretary will be the
greatest political gathering ever held in
the state. It is konwn he wDl speak very
plainly and earnestly on some of the fea
tures of the contest.
State Association Will Meet Xxt
Year at Salem.
ALBANY, Or.. Oct. Mf (Special.) After
three days of the most successful meeting
in the history ft the Oregon State Bap
tist Association, that body ljas adjourned
its meetings in Albany, and. today the
last of the yisiting delegates ana minis
ters are departing for their homes. Next
year the association will meet with the
Salem Church, and will hold a four days'
sessionJ Rev. F. H. Adams, of the. First
Baptist Church of McMtrinville. was
selected to deliver the annual sermon at
the, next meeting, vhich was .set for
October 14. 1907.
The standing committees announced by
the moderator for the ensuing year are
composed of the following members:
State Missions Rev. G. L. Hall. Pendleton;
Rev. W. H. LAtourette. McMinnvllle; Rev. ,43.
W. Griffin, Portland.
Home Missions Rev. F. H.. Adams, McMinn
vllle; W. P. Elmore. Brownsvl'.le; Rev. F. N.
Baker, Ashland. . .
Foreign Missions Rev. C. A. Kutley. Gres
ham; Rev. J. H. Douglass, fhdependence; Rev.
C. H. Davis, Dallas.
Publication Society Rev. Gilman Parker,
Portland; Rev. W.. H. Gibson, La Grande; Ar
thur Conklfn, Grant's Pass.
Education Rev. F. W. Carstena, McMinn
vllle: Rev. F. G. Bonghton, McMinnvllle;' Rev.
Vi. B. Pope. McMinnvllle.
Bible Schools Rev. W. C. Sale, Springfield;
Rev. John Bentzeln and Rev. C H. McKee,
McMinnvllle. v
Christian Stewardship Rev. J. Whitcomb
Brougher, Portland; Rev. O. C. Wright, Eu
gene; H. F. Merrill, Albany. '
The Young People's Union elected the
following officers of the state union for
the year: . ?
President, C. P, Devereaux, . Eugene;
vlce-preeldent, Carl Nelson, NewberK: secre
tary. Miss Anna Foshay. Albany; treasurer,
Miss Merle Wooddy, Portland; Junior leader.
Mre. W. B. Pope. McMinnvllle; general sec
retary. Miss Carrie Millspaush. Portland.
Rev. C. A, Wooddy. of Portland, and
President L. W. Riley, of McMinnvllle
College, were selected as -fraternal dele
gates to the seventy-fifth anniversary of
the Home Missionary Society, to be cele
brated next May in New York City.
Dr. J. Whltcomb Brougher and Dr. C.
A. Wooddy were elected members of the
board of trustees of the Oregon Anti
Saloon League. Each denomination in
Oregon elects two members of this board.
Albany Herald Is Sold.
SALEM. Or., Oct.' 19. (Special.) Walter
Lyon, formerly proprietor of the Inde
pendence West Side, today purchased the
Albany Herald from G. A. Westgate. f
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