Morning Oregonian., January 13, 1908, Page 2, Image 2

TIIE - ORElxOXIAN, MONDAY, JANUARY 13, 1U08.
COURT I T J ERROR
ON SINGLE POINT
applied because the offense In question Is con
fessedly not technically the crime of treason
or felony and is not embraced within the ;
words breach of the peace. On the other hand
the Government insists that the words breach
of the peace should not be narrowly con
strued, but should be held - to embrace substantially-
all crimes, and. therefore, aa in
t2J "fic Two famous brands feature in
VItt .lJiOCc?5 this astonishing sale. Gloves
'that women who prefer the Jaettei sort of handwear
will instantly recognize and decide to biry. One
is the Monarch Suede Kid Glove in two-clasp style,
full pique-sewed, and of the best kid possible to pro
duce. . Colors, white, black, gray, tan and mode.
Regularly sold at $2.25 the pair... Women's Rialto
kid gloves in glace finish, 2-clasp style, extra prime
skins with full pique-embroidered back and narrow
Columbia welt. These are the best style and the
best quality to be had." Por a rousing Monday sale,
we offer you choice of either of the J?1 A C
above styles, the pair.r. . . ;..P AsxO
Embroideries
Another m o n ster em
broidery sale, embrac
ing a ehoice selection of nainsook, and cambric em
broideries in edges and insertions; opetiwork, blind
and eyelet effects. .These come in factory lengths of
4'2 to 6V2 yards each, and are sold in the piece as
they come none will be cut.
An immense assortment, containing '20,000 yards of
delightfully dainty embroideries for many pur
poses. Regnlarly worth to 50c the yard, 1 E
choice today ... A OC
BELT BUCKLES, in gold-plated or oxidized finish,
several shapes and designs; regular 25a 1 "
and 35o values; Clearance Sale price, sp'l. 1.VC
effect, confirming the parliamentary prlvi-
Government's Case in William
son Trial Sustained With
One Exception.
TIMBER LAW IS LIBERAL
Entrymun Permitted to Contract for
'Sale of Land Between Time of
Kiting and Date of Making
. His Final Proof.
POINTS IN WDM1AMSON DE
CISION. Writ of error denied for want of
jurisdiction nd attempt to plead-
immunity privilege dismissed as
frivolous.
Indictment was explicit In defining
acts of perjury.
Trial Judge went as far in favor of
accused ' In instructing Jury on mo-,
tlve and intent aa was possible.
Court erred. In instructions and
quotation of law governing final
proofs under timber and stone act.
Commissioner of Land Office au
thorized to adopt rules for enforce
ment of timber and stone statute,
but he has no authority to. destroy
privileges extended by Congress, . e!,
en try man cannot be denied right to
contract for disposition of land be
tween time of filing and date of final
proof. '
Indictment faulty In that It de
fined acta of perjury in connection
with -making final proof, and court
erred In covering this point In In
struction to jury.
OREGONIAN NEWS BUREAU, "Wash
ington, Jan. 7. The decision of the" United
States Supreme Court In the case of ex
Ropresentatlve J. N. Williamson, hereto
fore briefly reviewed in these dispatches,
Is below quoted at some length on various
points of interest. The finding of the
lower court was reversed on one -single
point; on all other points the Government
1s sustained and 'Williamson turned down.
The decision covers 22 closely-printed
pages,, part of which Is devoted" to cita
tions from other decisions, etc., so that
the body of the decision probably con
sumes not over 16 pages. It is quite full,,
nevertheless. The following extracts are
made:
It l Insisted by the Government that the
writ of error should be dismissed - for want
of Jurisdiction. This rests upon the -proposition
that the constitutional question urged
Is of such frivolous character as not to fur
nish a basis for jurisdiction, or if not friv
olous at the time when the sentence was im
posed, tt Is now so. It Is not assorted that It
ham ever been finally settled by this court
that the constitutional privilege does not
prohibit the arrest and punishment of a mem
ber of Congress for the commission of any
criminal offense. The contention must rest,
therefore, upon the assumption that thW text
of the constitution so plainly excludes all
criminal prosecutions from the privilege which
that instrument accords a Congressman as
to cause the contrary assertion; to be frivolous.
Hut this conflicts with Burton vs. The United
States, where, although the scope of the priv
ilege was not passed uppn. It was declared
that a claim Interposed by a Senator of the
United States of Immunity from arrest . In
consequence of a prosecution and conviction
for a misdemeanor Involved a. constitutional
question of such a character as to give juris
diction to this court by direct writ of error.
It is said, however, that this case differs from
the Burton case, because there the trial and
conviction was during a session of the Sen
ate, while here, at the time of the trial, con
viction and sentence. Congress was not in ses
sion, and, therefore, to aseert the protection
of the constitutional' provision Is to reduce
the claim to the "point of frivoTousness.',
This,' however, but assumed that, even If
the constitutional privilege embraces the ar
rest and sentence of a member of
Congress for a crime like the one here in
volved. It Is frivolous to assert that ttfe priv
ilege could possibly apply to an arrest and
sentence at any other time than during a
stsslon of Congress, sven although the Inevi
table result of such arrest and sentence might
be an Imprisonment which would preclude
the possibility of the member attending an ap
proaching session.
.Exemption Privilege Abused.
We cannot give our assent to the proposi
tion. Indeed, we think, If it be conceded
that the privilege, which the constitution cre
ates extends to an arrest for any criminal
offense, such privilege would embrace ex
emption from anyxertion of power by way
of arrest and prosecution for the commission
of crime, the effect of which exertion of
power -would be to prevent a Congressman
from attending a future aa well as a pend
ing session of Congress. The contention that
although there may have been merit In the
claim of prlv ilege when asserted it is now
frivolous because of a change In' the situa
tion. Is based upon the fact that at this time
the Congress of wh ieh the accused was a
member has ceased to exist, and, there
fore, even if the sentence was illegal,
when Imposed, such illegality has been
cured by the cessation of the con
stitutional "privilege. But even if the - prono
rltlon be conceded, it affords no ground for
dismissing the writ of error, since our juris
diction depends upon the existence of a con
stitutional quest Ion at the time when the
writ of emu was sued out. arid such juris
diction, as we have previously said, carries
with it the duty of reviewing any errors ma
terial to' the determination of the validity of
the conviction. It hence follows that, even
if the constitutional question as asserted now
Is a "mere abstraction," that fact wouli
not avail to relieve us of the duty of re
viewing the whole case, and hence disposing
of the assignments of error which are ad
dressed to other than the constitutional ques
tion. . Besides, we do not consider the propo
sition welt founded, for.- If at the time the
sentence was Imposed, it was Illegal because
In conflict with the constitutional privilege
of the accused, we fAll to perceive how the
mere rxp.imuon 01 i no term in congress rorvf
which the member was elected has operates; I
to render that valid which was void because
repugnant to the constitution.
The decision then takes up that clause
of the constitution granting immunity- to
Members of Congress under, certain con
ditions, and then continues:
If the words extending the privilege to all
cases were unqualified, and therefore era
braced the arrest of a member of Congress
for the commission of any. crime, we- think
they would not only Include such an arrest
a operated to prevent the member from go
ing to and returning from a pending session,
but would also extend to prohibiting a court
during an Interim of a session of Congress
from Imposing a sentence of Imprisonment
which would prevent him from attending a
session of Congress m the future. But the
question Is not what would be the scope of
the words "all cases" if those words em
braced all crimes, but is, what 1 the scope of
the qualifying clause-that Is. the exception
from the privilege of "treason, felony and
breach of the peace." The conflicting con
tentions are substantially these: It Is Insisted
b-r the plaintiff in error that the privilege
lege exclusively to arrears in civil cases.
; The court then entered Hipon-. a long
series of citations to show that In Eng
land, prior to the drafting of our Constitu
tion, such a construction was placed upon
the English : law granting exemption to
members' of the British Parliament; quotes
from the Articles ef Confederation and
cities numerous legal authorities, all sus
taining the contention of the Government
on this point. The decision then con
tinues: Indictment Is Sufficient.
From the foregoing It follows that the
terms treason, felony and breach of the
peace, as used la the constitutional pro
vision relied, upon,, excepts from the opera
tion of the privilege all criminal offenses;
the conclusion results that the claim of
privilege of exemption from arrest and sen
tence was without merit, and we are thus
brought to consider the other assignments
of error relied upon.
Taking up these features one by one,
the court disposed of .them in their' en
tirety. Taking up that pha of the 'appeal
charging that the indictment was not suf
ficiently explicit in defining the perjury
alleged to have bee a committed, the court
quotes from the indictment at length, and
adds: ' .
Perjury Wag Premeditated. .
.These allegations plainly Import, and they
are susceptible of no other construction.
than that the. unlawful agreement contem- '
nlnffiH a ftnra cnHnltaHnn InHivi AlinlH
to enter lands, who in doing so would necew
esearily knowingly state and subscribe un
der oatbi material false statements as to
their purpose jn respect to entering the
land, etc.. and known to be. such by the
Conspirators. There is no reason to infer
that the details of the unlawful conspiracy
, and- agreement are not fully stated In the
Indictment,-and it -may. therefore be assumed
. that the persons who were to be suborned,
and the time and place of such suborna
tion, hadj, not been determined at the time
of the conspiracy, except as might be in
ferred from a purpose to, procure the persons
to be suborned to come before the United
States Commissioner for the District' of Or
egon named in the indictment. It was. not
essential tp the commission of ' the crime
that In the 'minds of the conspirators the
precise persons to, be suborned, or the
time and place of such suborning, should
have been agreed 'upon, and as- the crim
inality of the conspiracy 'charged consisted
In the unlawful agreement to compass a
criminal purpose, the Indictment, we think,
sufficiently set forth such purpose. The as-,
sign men t of -errors which assailed the suf
ficiency of the indictment are, therefore.
without merit.
Taking up other exceptions of the de
fense, the court adds:
With great elaboration it is : Insisted In
argument that the Indictment charges no
crime, since there can be no -such thing as
a conspiracy to commit the- offense of
subornation of perjury. But the
proposition wholly falls to give effect to that
provision of the conspiracy statute (Section
5440) which clearly renders it criminal for
two or more persons to conspire to commit
any offense against the United States, pro
vided only that one or more of the parties
to the conspiracy d an act towards ef
fecting the objects of the conspiracy. In
other words, although it he conceded, merely
for the sake of argument, that an attempt
by one person to suborn another to commit
perjury may not be - punishable under the
criminal laws of the United states, it does
not follow that a conspiracy . by two or
more persons to procure the commission of
perjury, which embraces an unsuccessful at
tempt, is not a crime punishable as above
stated. The conspiracy is tne offense which
the statute defines without- reference to
whether the crime which the conspirators
have conspired to commit Is consummated.
And this result of the conspiracy statute
also disposes of an elaborate argument
concerning the alleged impossibility of
framing an Indictment charging a conspir
acy to suborn perjury, since it rests upon
the assumption that the conspirators could
not. In advance, know when they entered
into the conspiracy that the persons would
willfully swear falsely to what they and
the conspirators knew to be false, and hence
there could be no conspiracy to suborn.
"Wo think it proper to permit the interro
gation of the entrymen concerning their un
derstanding of the arrangement with Cies
ner and their, intention at the time when
they made their preliminary declarations, as
the testimony was relevant to the question
of ' the nature and character of the deal
ings of the entrymen with the alleged con
spirators, and bore on the question of the
purpose or motive which influenced the
making of the sworn statement required by
law as a condition precedent to the purchase
of the land. We think the tes
timony as to the character of the timber
lands In respect to suitability for grazing
purposes, etc., and an attempt to acquire
state school lands was, we think, also com
petent, as tending to establish on the part
of the conspirators guilty intent, purpose,
design or knowledge. The conten
tion that " the proof on the subject Just
stated should not have been admitted, be
cause It tended tp show the commission of
crimes other than those charged In the in
dictment. Is. we think, without merit, par
ticularly as the trial Judge. In his charge
to the jury carefully limited the applica
tion of- the testimony so as to prevent any
improper use thereof.
The remaining assignments relate to the
refusal to give requested instructions and
to portions of the charge of the court.
Many of the requested Instructions, how
ever, are so clearly without merit, because
In effect covered by the charge as given,
that we do not deem it necessary to par
ticularly notice them.
The court takes up other assign
ments and holds that In this case there
was no necessity for the trial court to
instruct the jury to 'return a verdict
of not guilty. It is further -held that
"the trial Judge, in instructing the
jury on the subject concerning motive
and Intent, went as far In favor of the
accused as it was possible for him to
go consistently with right, arid there
fore there is no ground for complaint
as to his failure' to give requested
charges."
Where Government Failed.
Attached to the court decision is a
liberal quotation of the laws and regu
lations relating to final proof, which
figured In the Williamson case. As
to the instructions of the court on this
point and this is where the Govern
ment's case failed the" Supreme Court
says: .
It becomes necessary to consider not only
the scope of the indictment, but, moreover,
to construe the timber and stone act. and tt
may be, to determine the validity of the reg
ulation of. the General Land Office. We are
of the opinion that the particular false swear
tng to which the Indictment related was alone
the. verified written statement provided for
in section 2 of the act to be made on ap
plying to purchase the land, and, therefore,
the indictment did not embrace a charge con
cerning a statement or deposition under oath
required to be made by any regulation of
the Commissioner of the General Iand Of
fice, after the publication of the notice, and
when the period had arrived for final- action
by the Land Office on" the application to
purchase. . It seems to us clear that the In
dictment was thus restricted, since all the
language in it speaks as of the time of the
first statement, no reference t made to -any
regulation of the Commissioner supplement
ing the statute In any particular, and each
of the 18 overt acta charged to have been
committed exclusively relates to the state
ment required by section 2 and to none other.
We are of opinfon that the elaborate argu
ment made by the . Government concerning. the
use in the Indictment of the words, decla
rations and depositions can serve only to
suggest ambiguity in the Indictment, and
possible doubt as to the -meaning .of the
pleader. But as, of course, in a criminal case
doubt must be resolved in favor of the ac
cused, we hold that the indictment does not
charge a conspiracy to suborn perjury in re
spect to the making of the final proofs, and,
therefore, that there was prejudicial error
committed in the instructions to the Jury on
that subject which were excepted to.
As. however, the question which we have
hit herto passed over concern Ing the ad m Lssi
bility of- the final proof to show motive in
malting the original application may arise
at a future trial, even although It be that the
Indictment charges only a conspiracy to
suborn perjury aa to the original application,
we proceed to consider the subject. To do so
It becomes necessary to determine whether
the statute requires an" applicant, after - be
has made hit preliminary sworn, statement
Big Sale porcelain Dinner Sets
Closing out open stock patterns
Pleasing decorations in border
gold tracings. 50-piece dinner sets, $6.80 values,
special. . , .
100-piece dinner -sets, : dJO Of"
$13.65 values, special. . PO.-V
. HAVILAND CHINA, CUPS
$10.50 values, the dozen.......
$16.50 values, the dozen
$12:00 values, the dozen. .V. .
$13.00 values, the dozen : . :
$34.00 values, the dozen. ... ...........................
75c Kettles, ' IQ- $1.00 Kettles, . .
. sale price. . ; . '. v. . . .' Xi v : sale price. ...........
$2.10 Tej Kettles, Clearance Sale . . ; , , . . . . . I.. .... : . .
Decorated Custard Cups of Haviland China, Clearance Sale price HALF
.REGULAR. ;
WROUGHT ANDIRONS: , V. ,
$9.50 values $6.5
$10.00 values ,.v-$7.00
$12.00 values
.$8.50
Umbrellas
.
Women's Umbrellas with- piece
dyed taffeta covers, finished
with tape edge. The color is
absolutely fast and they are
mounted on the best, frames
made. Handles are. of im
ported wood, horn, amber or in
fancy metal designs. Portland
women should take generous
advantage, of this royally good
special. Regular $3.50 umbrel-
d..;.;..,.....$2.48
concerning the bona fldea of his application
and the absence- of any contract or agree
ment in respect to the title, to additionally
swear to such 'facts after notice of his appli
cation has been published and the time has
arrived for final action on the application.
And this, of course, involves deciding- whether
the regulation of the Commissioner exacting
such additional, statement at the time of
final hearing ie valid. The inquiry concerns
only the second and, third sections of the act.-
Entrymen's Right to Speculate.
The second section requires the applicant to
make a sworn statement, giving many par
ticulars concerning the land ite unfitness for
cultivation: its being uninhabited. . etc., fol
lowed by the requirement tnat the applicant
shall gjjeclare that he makes -the application
not for the purpose of speculation, but in good
faithr and . that he Intends to appropriate the
land to his own exclusive- use and benefit,
and that . no agreement has been made, di
rectly or indirectly, with any person or per
sons whatsoever by which the. title -to be
acquired from the Government shall Inure, -in
whole or In, part, to any person except the
applicant. . And the section concludes by
causing any - false statement made In the
sworn application to constitute the crime of
perjury.
The court then explained the provisions
of Section 3 of the timber and stone act,
enumerating: the evidence required by
law when making final, proof. The de
cision continues:
Examining the items which the statute
requires the applicant to make proof of,
after showing publication, it is apparent
that while some of the things referred to
tn section 2' are reiterated all requirement
is omitted of any statement regarding a
speculative purpose on the part of - the
applicant, his bona fides, and his intention
to acquire for himself alone. When the
context of the statute Is therefore brought
into view we are of opinion that it cannot
possibly be held without making by Ju
dicial legislation a new law that the stat
ute exacts from the applicant a reiteration,
at the final hearing, of the declaration con
cerning his purpose in acquiring title to
the land, since to do so would be to con
strue the statute as including in the final
hearing that which the very terms of the
statute manifest were . intended to be ex
cluded therefrom. We say this, because as
the third section re-exacts in the final appli
cation a reiteration of some of the require
ments concerning the character of the land
made necessary .in the first application and
omits the 'requirements as to the bona fides,
etc., .of the applicant, it follows under the
elementary rule that the inclusion o one
is the exclusion of the other, that the re
exacting of a portion only of .the require
ments .was equivalent to the express declar
ation by Congress that the remaining re
quirements should not be exacted at the
final proof. And this becomes particularly
cogent when the briefness of the act is con
sidered, when the propinquity of the two
provisions is borne in mind, a' propinquity
which excludes the conception that the
legislative mind could possibly have over
looked in one section the provisions of a
section immediately preceding, especially
when in the last . section some of the re
quirements of the prior section are re-expressed
and made applicable to the final
statement. Indeed, we cannot perceive how,
under the statute, if an aDclicant has in
good faith complied with the requirements
of the second section of the act, and pend
ing the publication of notice, has contracted
to convey, after patent, his rights in the
land, his so doing could operate to forfeit
his right. These conclusions are directly
sustained by a recent ruling in Adams vs.
Ciiurch, construing the timber-culture act
Reading Provisions Into Jmw.
Tt is elaborately insisted on behalf of the
Government that there is a difference be-'
tween the timber-culture act and the tim
ber and stone act resulting from the fact
that in the one case in the Interim botwen
the entry and the final proof a long time
must elapse and much is required to be
done by the applicant, while in the other
a short time intervenes and substantially
nothing 1b required to be done. But thin
reasoning. In effect, assail the wisdom 'In
omitting the requirement In the act under
consideration and affords no ground for in
serting In the act requirements which Con
gress has by express, intendment, excluded
therefrom. Besides, the weakness of the
argument becomes apparent when It Is borne
in mind that the timber and stone act and
and odd pieces at very special prices.
patterns with gold lines or sprays with
$4.10
. . .-. ."
60-piece dinner sets,
$9.45 values, special.
.$5.45
AND SAUCERS, prettily decorated i-
..:.. .$5.25.
..'.$9.90
...$7.25
..$7.50
.?17.0
65 c
....91.45
ENAMELED TEA POTS, quadruple coated and r7fr:
nickel-trimmed,' $1.35 values, sale price. "C
$1.50 values, Qfl $3.15 Values, '. 'CO 1 (
, special.......... ""C ' special.'. .:...? V.
Decorated Punch Cups of Haviland China, Clearance Sale
Price HALF REGULAR. .,
$20.00 values . 4 .$14.00
$26.00 values .,..$18.00
$32.50 values
$22.50
Women ys Lingerie Waists V2
Charming bodices of sheer white materials, trimmed in the
most pleasing styles. A lot of over 300 waists containing
every size and every designed: style.. ' Long or short
sleeves, button back fir front. Decorations are dainty
embroideries or beautiful laces, so cleverly applied that
exclusive effects are achieved. We offer these distinc
tively different waists bargains enough when we offer
them at the regular price,' $2.25 to $35 each.
All in one immense lot Monday, your choice
the timber-culture act .were enacted by the
same Congress and with only a few days'
interval between the two.
It remains only to consider whether it was
within the power of .the Commissioner of
the General Land Office to enact rules and
regulations by which an en try man would
be compelled to do that at the 'final hear-
Ing which the act of Congress miist be con
sidered as . having expressly excluded in
order thereby to deprive the entryman of
a right which' the act by .necessary impli
cation conferred, upon him... To state the
question is to answer it. As - observed in
Adams vs. Church, "To sustain the conten
tion would be to incorporate a prohibition
against the alienation of aji interest in the
-lands, not found in the statute or. required
by the policy of the law upon the subject."
True It is that In the concluding portion
of section 3 of the timber and stone act it
is provided that "effect shall be given to the
foregoing provisions of this act by regu-'
lations prescribed by the Commissioner of
the General Land Office." But this power
must in the nature of things he construed
as authorizing the Commissioner to adopt
rules, and regulations for the enforcement
of tbe statute, and cannot , be "held to have
authorized him. iby such an exercise of
pcw;r, to virtually adopt -rules and regula
tions destructive of - rights which Congress
had conferred. As then there was no. re
quirement concerning the making In the
final proof of an affidavit as to the particu
lars referred to. and as. the entryman who
had- applied with the preliminary require
ments was under no obligation to take
such an affidavit, and had full power to
dispose ad Interim of his claim upon - the
final Is?ue of patent, we think the motive of
the applicant at the time of the. final proof
was irrelevant, even under the broad rule
which we have previously in this case ap
plied, and therefore that error was com
mitted not alone In instructing tbe jury
that the Indictment covered or could cover
the procurement of perj ury In connection
with' the final proof, and that the iury
might' base a conviction thereon, but In ad
mitting the final proof as evidence tending
to show the alleged illegal purpose in the
primary application for the purchase of
the lands.
Reversed and ..remanded.
Mr, Justice Harlan is .of opinion that no
substantial error was committed and the
Judgment should be affirmed. '
RASH ACT OF CLUBMAN
Fires Two Shots at Wife,, Then
Blows Out His Brains. ,
OAKLAND, Jn. 12. John Alexander
Althof an Oakland clubman, aged 46, Jon
of a New Tortf banker, after Bring two
shots at his wife, turned his revolver
upon himself and Wew out his brains to
night. Temporary Insanity. Is given-as a
reason for the deed.
Arising from the supper table, Althof
reached for his revolver, and leveling at
his wife, shouted, "I will fix you now,"
be fired twice, but missed, and his wife
ran through, a rear door into the yard..
Althof then walked to bis bedroom and
fired , a bullet into his brains
SHIPS RACING TO HONOLULU
Four Windjammers Place Wagers
on Sailing Contest.
BAN FRANCISCO. Jan:1 12. An' ocean
race to Honolulu. . between four sailing
vessels, is on. The ship Port-. George,
the barkentjne Irmgard.- the bark Gerard
C. Tobey and the ship Ersklne M. Phelps
all left . this port 'today bound for the
Islands, loaded witb. Island products, and
several vessels made wagers on the race.
Each ,wiil crowd on, all sail In an effort
to reach the islands first, and the cap
tain of the winning vessel will pocket a
tidy sum.
RISER CALENDARS HALF PRICK.
Original photos. 248 Alder at.
' Inspect Rosenthal's shoe store win
dows and get busy. .
Children's Fine
1 1
Undermuslins lz
CHILDREN'S MUSLINWEAR Vi.
Muslin underwear for children in
broken lines. Drawers .and petti-,
coats of fine nainsook, cambric
or muslin. Comes with high V-
" shaped neck 'or low round neck;
slip-over style; long or short
. sleeves. Petticoats with" deep
double flounces, finished with
tucks. Drawers in full or Knick
erbocker styles. A goodly assort
ment of styles from the quite
plain to the very, elaborately
trimmed. Sizes 1 to 14 years.
..Regular prices 12c to $4.75 the
garment, selling t-fnl
Monday for.. flUU
CHILDREN'S DRAWER. LEG
GINGS, .tight .fitting around the
waist, -drawstring," fancy knit,-
white : only;, regularly
; 65c ; special . rGC .
CHILDREN'S BONNETS in full
front or tight-fitting models; also
children's hats. White or colored
silk or bear cloth. All on sale at
HALF regular price. .-.'"-
BODY IN THE LAKE
Missing Mrs. Pomeroy Is
Discovered.
DROWNING IS A MYSTERY
Bloodhound Traces Her to Water's
Edge at Night and Next Morning
. the Body Is Found .Within
, , Few Feet pf the Place.
' SEATTLE, Wash., Jan. 12. (Special.)
The body of Mrs. Bethel Pomeroy. wife
of C. H. Pomeroy, a; prominent lawyer
and capitalist,, was found at 11 o'clock
this morning, resting on the bottom of
Lake Washington, a few feet from -where
a hound, which had been used to And
her last night, lost the trail.
,The drowning of Mrs. Pomeroy, which
is believed to have been accidental, has
thrown a gloom over the aristocratic
houseboat colony, at Madison Park .
. Mrs. Pomeroy left her husband Friday
with a laughing reply to his request that
she put on an extra wrap, bound- for a
neighboring houseboat, where an enter
tainment was in progress. The husband
was at the entertainment, but did npt see
his wife, although he says he thought he
heard her voice. He also thought in
quiries as to her whereabouts were in
tended as a joke. It was not until the
next day that a search was made, a
bloodhound being used late, last night.'
Pomeroy says he thought'.his wife had
gone to a BanitaHum nearby, as she had
When 3fou Buy Meat.
Be Sure of This
Ask For
"Colombia Brand"' Hams,'
- Bacon and Lard.
. The eooeera
thai Is . patting millions
$8 Mat Lace Curtains $5.25
Curtains 'like these are an ornament to any home and any housekeeper
will take pride in the appearance of her windows when hung with
such rich affairs. They are real hand-made Renaissance Curtains
in odd lots. Were they regular lines, such prices as these would be
impossible. Take prompt advantage and benefit by an early selection.
On sale Monday:
$ 8.00 values'.... $5.25
$10.00 values ........... .$6.50
$11.00 values' .......... .$7.25
$12.00 values I $7.95
$15.00 values . . ; .$9.85
" INTERMEDIATE PRICES
AT
Three Rug Specials.
FINE WILTON BUGS, with fringed
size abxoJ in. ; beautiful colorings and
' patterns, and a lot of over 200 cpricerned
in this offer. Regularly worth 7C
$9.00 each, special ....... i.V"
FINE WILTON RUGS, hemmed ends, size
27x54 inches; bright, vivid colorings or
soft-toned effects in. pleasing designs. A
' lot of 100 to choose from. Cf
Regular $5.50 valnes, special. ..N''
FINE AXMINSTER RUGS, siie 36x72 in.;
Oriental designs and colorings. Rugs that
.give sturdy service. Regularly worth
$4.50 each; -very special $3 35
Half
frequently done before. No report of the
absence was made to the authorities, and
every attempt to keep the affair secret
was, made. r
POSSE PURSUES MURDERERS
Two Hold-Up Men Kill Old Man
Who Is Too Slow. ,
SEATTLE, Wash., Jan. 12. (Special.)
A p.bsse of a half-dozen Deputy Sher
iffs and 50 or more citizens have all
day been scouring the ountry in the
vicinity of Kangley, a small lumber
camp town on the Palmer cut-off.
about 30 miles from here, in search of J
two holdup men who, last nignt, snot
and killed an old man named A. E.
Johnson, because the latter was too
slow in responding to an order to hold
up his hands, during an attetmpt to
hold up and rob a salpon at that place.
There were seven or eight men in the
place at that, time, but the would-be
robbers , made their escape without,
however, obtaining any booty. Twice
today reports have been received by
the officers of two men making their
way south. Each time the men, who
are believed to be the hold-up men,,
took to the underbrush before the ob
server could get close to them. John
son was an employe of a lumber camp.
EXHIBIT HOOD RIVER APPLES
Growers Making Preparations for
Horticultural 'Meeting.
HOOD RIVER. Or., Jan. 12. (Spe
cial.) Hood River delegates to the
meeting of the State Horticultural So
ciety in Portland this week have pre
pared exhibits for the apple show to
be held in connection with the meeting,
which Is expected to be one of the larg
est and most interesting held by the
society 1h several years.
Among the delegates from Hood Riv
er who will be In attendance are Hon.
E. L. Smith, ex-president of the society;
E. H. Shepard. editor of Better Fruit:
A. I. Mason, who has just returned
from a lecture tour- in Washington.
Buy Nourishment, not Merely Filling. You Can
Only When You Demand of Your Dealer
"Is It U. S. Government Inspected?"
The Oregon boy can grow up healthy and strong because his
stomach is protected by the United States. Government, and
by his mother, who is careful what she orders. All sorts of
untold daggers lie in meat that is not. inspected; run no risks.
UNION MEAT CO
of dollars Into clrralntlon In Oregon.
inspected DHUflOX MATS.
&M.0O values ....$21.25
$45.00 values $29.85
$50.00 values $33.00
$55.00 values ..$35.00
$65.00 values ......$40.00
SAME REDUCTIONS.
ends,
New Foulards
The new designs for Spring, 1908,
in Foulard Silks, are here. 'Tis
prophesied this will be one of the
leading fabrics for smart wear
in Spring and Summer gowns.
Of course, it is shown first at
Portland's best silk store.' Be"
16rst to see the new arrivals and
choose. Shower-proof foulards,
24 inches wide,
the yard
21 inches wide,
the yard
$1.25
$1.00
where he has been instructing apple-
growers how they do it at Hood River,
and G. R. Castner, County Fruit In
spector. Mr. O'Snea Enters Denial. '.
John F. O'Shea, who has been named
aB. among the candidates being boomed
for County Commissioner, denies that he
has any intention of running. Mr. O'Shea
declares that he does not want the offioe
of County Commissioner, or any publlo
office.
: RISER CALENDARS lOo VT.
Halfprice while last. 248 Alder.
Do it now. Attend Rosenthal's great
ftouse-cleaning stale.
. COFFEE
The -world is full of anony
mous coffee: "Java, and
Mocha." , ' .'
Who returns your money'
if you don't. like 'em?' .'-
Tour rrocer returns your money if yott
don't like Schilling's Best; we pay him.
AND WEDDING
' INVITATIONS
W. G. SMITH & CO.
. Washington Bp H ding.
PORTLAND
OREGON
Wholesale dealers U. S. Government