Morning Oregonian., October 13, 1908, Page 11, Image 11

TTTE MORNING OREGONIAN. TUESDAY, OCTOBER 13, I90S.
11
BEGIN TO REPUTE
STATE'S EVIDENCE
Defense in Martin Trial Wi
Call Witnesses This
Afternoon.
WOLFF'S GLOVES SHOWN
Murdered Man'" Wife and Daughte
Identify Them Found in Mar
tin's Suitcase Befuddled Wlt-
nri Placed on Stand.
With a formidable array of circum
stanres marshalled to show that Ed
ward Martin murdered Nathan Wolff,
the Ktate all but concluded Its case In
the State Circuit Court late yesterday
afternoon. Several minor witnesses
will be placed on the stand this morn-
lr.fr, and then the case will be given
over to the defense.
Will Martin be able to HCtpt the
web of circumstances In which he la
enmeshed? His lawyers say he will.
Today they will begin taking up one
by one the more Important circum
stances proved by the state. They will
put on witnesses to show the fallibility
of circumstances as a basis of convic
tion.
And that Martin's defense is a force
to be reckoned with was very clearly
brought out late In the afternoon, when
one of the state's own witnesses dis
pelled one of Its strongest points. The
wtnees was John H. Bearer, who had
knorrn Martin for months. Deputy Dis
trict Attorney Fitzgerald elicited from
him the story of Martin's conduct In
the Turn Halle cafe the morning an
extra edttlon of an evening paper re
corded that Martin had been accused
of the Wolff murder.
"Martin took the paper, read the
headlines accusing; him of the crime,
laid the paper down and walked out
without saying a word. Beaver testl
lied. and. having; added this to Its list
of minor circumstances, the state ex
cused the witness.
Overcoat Testimony Refuted.
But croas-exatnlnatlon was product
ive of unusual and unexpected results.
Attorney Kouts began questionin
Reaver as to how Ions; he had known
Martin. Beaver said he had known
him for months, and had talked to him
nearly every day.
"What kind of overcoat was he In
the habit of wearing?" was then asked
"He had a Ions: dark cravenette rain
coat." was the astonishing? reply.
Everyone In the courtroom caught
the significance of this testimony, and
a tense otlence followed.
"Are you sure he wore a long;, dark
cravenette before the murder?"
"Why. yes: I used to see him wear-
Ins: such a roat." said Beaver.
Mr. Fouts then stepped over to get
the long cravenette which Martin had
when he was arrested anrf which "the
state had Rone to great pains to show
as belonging to oIff. Martin, It had
been contended by the state up to this
ninute, had never owned such a coat.
But at this belated moment the state
awakened to the fact that this was not
a proper line of cross-examination and
entered an objection to further pro
cedure as regards the coat. The ob
jection was sustained, but Mr. Fouts
Immediately demanded that Beaver be
fiubpenaed as a witness for the defense.
The subpena was Issued.
Mrs. Wolff Identifies Gloves. 4
Mrs. Natlian Wolff, widow of the vic
tim, took the stand early In the after
noon and proved one of the most ef
feetlve witnesses ret produced against
Martin, fehe Identified a pair of un
dressed kid glove, exhibited as havln)
belonged to her husband. She was cer
tain because she had mended the fore
finger of each glove, using; a reddish
silk thread.
The gloves she Identified were found
In Martin's suitcase a suitcase he left
at the Belvedere Hotel just previous
to his arrest.
Mrs. Wolff, attended by a nurse and
dressed In mourning, seemed on the
verge of breaking down while on the
stand. She not only Identified the
glovea. but the coat which was found
on Martin. She was quite sure about
the coat. One reason she advanced In
her Identification was that her husband
Invariably removed the trade bands and
tags from all coats which he bought.
The tags were gone from this coat.
This testimony did away with the the
ory offered by the police that Martin
removed the tags to prevent Identifi
cation of the coat.
What Defense Mast Answer.
As the case now stands, with the
prosecution practically ended. Martin
must explain these things, or offer evi
dence to offset them:
How these gloves, recognized as
.Wolffs, came to be In his suitcase at
the Belvedere.
Why he borrowed a revolver from
Mra Grubb shortly before the murder;
and what became of the weapon.
Where he srent his time May 1 be
tween the hours of 4 P. M. and mid
night How he came Into possession of a
long cravenette raincoat precisely like
the one owned by Wolff, and Identified
s having been purchased by Wclff at
he Ben Selling store.
What he did with his box overcoat, the
one precisely similar to a blood-stained
coat found In South Fortland wrapped
about a rifle Identified as having been
removed from Wolffs pawnshop.
How his face and head came to be
marked with cuts which he has pre
t tously described as cat scratches, hut
which City Phvslclan Ziegler testifies
could not possibly have been made, by
a at.
Why he left his home In Sellwood the
day after the murder and registered at
the Belvedere Hotel under an assumed
name.
Such is the essence of the case which
has been made out by the state. And It
Is clear that Martin either murdered
Wolff or Is the victim of a most re
markable set of Incriminating circum
stances. Crowd to Hear Case.
Interest In the case hss reached such
a stage that two special officers guard
ing the entrance to judge Clelend's court
room were swept aside by the rush of
spectators at 1:S o'clock, when the after
noon session waa about to begin. The
crowd had begun rataerlng in the cor
ridors as early as 11.30. and when the
doors were opened, about 3t0 curious peo
ple were hugging the doors in the des
perate manner of files before a rainstorm.
As the doors opened, the crowd surged
forward. Women began reamlr.g hi
the crush and the doortenders were
brushed aside without ceremony. Seeing
this demonstration. Judge Cleland ordered
that the courtroom be cleared of all Dr- i
sons not seated. Then the crowd was
excluded from the entire building.
In establishing that the telltale gloves
were found in Martin s possession, the
state raiied Detective Tlchenor as the
first of a succession of witnesses. He
nrnduced a suitcase, vhich he said had
been turned over to him by the clerk at
the Belvedere Hotel shortly after Mar
tin's capture. This was found to contain
a shaving outfit, pipe, handkerchief.
razor, one pair of kid gloves and a few
trinkets.
Tlchenor said he talked with Martin
about the suitcase and that Martin ad
mitted owning everything except the
gloves.
The next step in the weaving of this
Important strand of evidence was er
fected with rare force when Juror P. A.
McPherson. scanning the contents of the
suitcase, saw a small parcel in one cor
ner. v
"What is that, open It up and let us
see everything In the grip," said Mr. Mo
Pherson. "That's a spool of black silk thread."
said the officer.
"Where did you get It was It In the
suitcase?" puruzed the Juror.
Did Xot Offer Morphine.
"It came from the home of Mrs. W(lff.
It was put here for safe keeping." said
Tlchenor.
The thread, its significance as yet un
explained, was then entered as an ex
hibit.. Tlchenor was crpss-examjned by
Mr. Fouts.
"Didn't Martin tell you about this suit
case and direct you to where It could be
found?" the officer asked.
"He did not." was the reply.
"When Martin waa In Jail isn't It a fact
that you offered him morphine, when he
was suffering for the drug. If In payment
for this he would make a confession to
you?"
"No. I didn't do anything of the kind,"
said Tlchenor.
At another time when Tlchenor was
called to the stand to test'fy on sftme
minor point, he was made to confess that
he was In the Reform 6chool when a
small boy. He explained, however, that
he waa sent there because nis mother
was too poor to care for him and that
when he .reached the Reform School he
got the first full meal of his life. It Is
doubtful if the defense gained anything
by this line of procedure. Tlchenor"s
frank statement and the element of
pathos In what he said appeared more
than to offset the mere fact that years
ago he waa Bent hungry and ragged to
the Reform School.
Hotel Clerk Corroborates Defense.
W. W. Webb's corroborative evidence
removed any possibility of a successful
contention by the defense that the gloves
were placed In Martin s suitcase ty de
tectives or others. Webb has been clerk
at the Belvedere for years and Is favor
ably known. He' said Martin appeared
at the hotel May. 4 and rented a room,
registering under the name of E. H. Bar
rett. He paid one day's rent In advance.
The next day he did nof appear and the
room was re-rented, the second occupant
complaining that a suitcase had been left
there. Webb said this suitcase was got
by John Cordano, the house detective.
Martin had Just been arrested ana sus
pecting the suitcase might contain some
thing of Importance, webD saia ne ana
Cordano opened It. They saw a hat.
pipe, shaving mug, razor, tooth paste and
toothbrush, white handkerchief ana a pair
of undressed kid gloves of Dent make.
He positively identified the gloves and
said he was sure they were In the suit
case at the time.
Webb was asked on cross examination
what he did with the suitcase. He said
he took It to the Police Station and then
called on Martin In hla cell to tell him
about It. Martin at first told him to send
the suitcase to Mrs. Martin, but Webb
said, on being told that the police would
take care of It, he said that would be
satisfactory.
Mrs. Wolff's later testimony identifying
the gloves as her husband's was supple
mented by the testimony of her little
daughter. Ailene Wolff, who said she had
helped sew up the gloves. She. too, was
certain the gloves had belonged to her
father.
What size were the gloves Mr. Wolff
woreT Juror .MCi'nerson asaea jaro.
Wolff, as she was leaving the stand.
"I do not know that." she replied.
Cross examination of Mrs. Wolff and
her little daughter developed the fact
that Wolff owned another overcoat, which
he had taken to the pawnshop for the
purpose of giving someone. She was
handed the blood-stained coat which the
state alleges belonged to Slartin and was
worn by him when he murdered wour.
Bha examined the ghastly object with
care but said that while she couldn't be
sure, yet she did not believe her husband
ever owned that coat.
Martin's Overcoat Identified,
n C. Eu banks proved one of the
strongest witnesses developed by me
state. The overcoat found on Martin
had been purchased from Ben selling s
store, where Eubanks Is empioyea.
Eubanks said his firm Is the only one in
Portland handling such goods, that very
few coats like the one In question were
sold here and that Wolff waa one of the
few purchasers. Upon Inspecting the
coat In the case he said It had every
aDoearance of being rather new. The
tags and Identification marks had been
torn out and Bubanks gave It as his
opinion that the removal of the tags had
been recent. There was no record that
Martin had ever purchased any such coat
from the store. The tags were pre
sented to show that Wolff Ijad made such
purchase.
The state expects to finish before noon.
havlnS few more witnesses to call. Ex
amination of Martin s witnesses will then
Ve taken up immediately. Martin's coun-
sel-continue to say they are confident or
acquittal and that the esse will bear a
changed aspect after seversl of their
witnesses have been heard. The precise
nature of the defense la being withheld
by them at this time. i
M.rtin is shown In the verv
f".n".V;7
tin. sist.r. Mis. Griffin. At the
................ ...ITTTT
I""' ,, !,!.: mvu-i- m T
S --j - y - , . .y . . ; z.- : B : : : : -y .: ' - -J ''f 5 '' S il&iitet&cS:SS V ' ' s f
t x " , 1 I ' . , l
: . 1 J' r ' i
- . ' if - jz ------ t
J ! j t - ,' ' i-. - ; V.. . ' -Sr j
Ll - ir"- -v--V lrnt
KEEP
OPEN ON
Judge Gantenbein Makes Tem
porary Restraining Injunc
tion Permanent.
FREEDOM IS VIOLATED
Constitutional Guarantee of Reli
gions Liberty Set at Naught by
Law Cn just Discrimination
Made Text of Decision.
WHY LAW IS O'CONSTITUTIONAL
The Sunday law. oectloa 1068, vio
lates the constitutional guarantee of
religious freedom.
This rat me unjustly discriminates.
Exemption of theaters la unreasona
ble and arbitrary.
The Oregon Sunday law has been tested
and found uncoiJBtltutional.
Presiding Judge Gantenbein, of the Cir
cuit Court, handed down a decision yes
terday morning declaring that through its
operation the religious freedom, guaran
teed under both the Federal and state
constitutions, is taken away.
Further than this, be said that the
present Oregon statute unjustly discrim
inates, and that even though the law
were otherwise valid the exemption of
theaters Is arbitrary and unreasonable.
Judge Gantenbein traced the law from
the time of Its first enactment in 1864.
saying In effect that this statute shows
on its face that It was an act framed to
further a religious dogma, and not made
for the purpose of promoting the health
or happiness of the state's citizens.
Injunction Made Permanent.
The Injunction issued against District
Attorney Cameron Saturday, October 3,
restraining him from arresting any more
violate rs of the blue law, was made per
manent.
Not only are the cigar dealers and con
fectionery stores given free reign on Sun
day through the court's decision, but all
other stores or establishments may open
for business or not as they desire. There
are only two exceptions, saloons and
barbe r shops, these bein g provided for
under sections 14 and 2097, respectively.
John Logan, one of the attorneys for
those under indictment for the alleged in
fringing of this statute was jubilant over
the court's decision and said he would
welcome an appeal of the case by Dis
trict Attorney Cameron to the Oregon Su
preme Court.
The District Attorney was so busy with
the Martin murder trial that he said he
has not had time carefully to go over
Judge Gantenbein's decision. He did not ,
know yesterday whether or not the case
would be appealed. j
we are ready to fight this Sunday- I
closing proposition right down the line,'
said Mr. Logan last night. "It is up to
Judge Cameron, whether or not we shall
go on with the demurrers, which have
been interposed to the Indictments re
turned by the grand jury against the
cigar dealers, confectioners and small
shop-keepers.' Although they were not
parties to the case Just decided in the
Circuit Court the keepers of billiard halls
and poolrooms will benefit by the court's
decision.
Judge Gantenbein decision is as follows:
Text of Decision.
Upon application of the plaintiffs, a tem
porary Injunction was granted by ' this
court, enjoin Ins; - the defendants (District
Attorney Cameron. Sheriff Stevens and the
police), from molesting the plaintiffs or
any of them In the conduct of their busi
ness, and from complaining against. Indict
ing, arresting. Incarcerating or taking bail
from the plaintiffs or any others similarly
situated, by any manner or proceeding
whatever, for alleged Tiolatlons of the so
called Sunday closing law, until the further
order of this court. The plaintiffs fn their
complaint also pray that upon a hearing a
perpetual Injunction be granted to them
against the defendants.
A demurrer has been interposed to this
complaint, challenging the authority of a
court of equity to Issue an Injunction in
cases of this character.
Ordinarily a criminal prosecution cannot
be enjoined by a suit In equity. There is.
however, a wen -recognized exception io
this rule laid down In Sandys vs. Williams,
4d Oregon. 827. In which the court eays:
Quotes an Exception.
"Where criminal prosecutions under color
of a void law are threatened, which act, if
enforced, would deprive a party of a prop
erty right, a preliminary Injunction may
properly be Issued to prevent the menaced
injury. Equity has jurisdiction to inter
pose an injunction where public officers,
under a claim of right are proceeding il
legally to injure the property of Individuals
or corporations."
It is contended by counsel for the plain
tiffs that the defendants are proceeding
Illegally, the act which they are attempt
ing to enforc being void. The act reads:
Section If any person shall keep
open any store, shop, grocery, ball alley,
billiard room or tippling house for the pur
pose of labor or traffic, or any place of
amusement, on the first day of the week,
commonly called Sunday or the Lord's day,
such person upon conviction thereof shall
be punished by a fine of not less than $5
or more than 5n. Provided that the above
STORES MAY
SUNDAY
COURTROOM SCENE AT THE MARTI.VWOLKF MI RUEK TRIAL
center of the pit-tore. The Oregonlan photographer ca.rght him unawares and Jn characteristic attitude. The unconcerned expression has occupied his
T. 'ho- I... lawvers. Seneca Fouts and J. A. Jeffrey. Th8 Wman 18
right of the picture the state's attorney. J. J- Fitzgerald, is shown talking with Deputy County Clerk Wells.
provision shall not apply to theaters, the
keepers of drugstores, doctor shops, under
takers, livery stable keepers, butchers and
bakers; and all circumstances of necessity
and mercy may be pleaded in defense,
which shall be treated as questions of fact
for the jury to determine when the offense
Is tried by a jury.
History of Statute.
A brief reference to the prior legislation
of this state upon the subject will serve
to give a clear understanding of the situa
tion, and aid us materially In arriving at
a correct and final solution of the con
troversy. In lbo4 the Territorial Legislative Assem
bly enacted a law reading as follows:
"An act to prevent Sabbath breaking.
"Section 1, Sabbath, how .to be observed,
proviso.
"Section 2, penalty for offending. Penalty,
how appropriated.
"Section 3 this act, when to take effect.
"Section 1 Be it enacted by the Legis
lative Assembly of the Estate of Oregon;
that no person shall keep open his or her
store, shop, grocery, ball-alley, billiard sa
loon, tlppllng-house or any other place of
gaming or amusement, or do any secular
business other than works of necessity and
mercy on the first day of the week, com
monly called the Lord's day or Sunday ;
provided, that this act shall not be so con
strued as to have effect where the cir
cumstances of the case render it necessary
that the above provisions be not observed."
In 1864 the State Legislature aropted an
act of identical Import, except the words
"or labor" were inserted after the phrase
"or do any eecular business," and works of
necessity were defined to be-
First The buying and selling of meats, fish
or milk at retail before 9 o'clock in the
morning. Second The buying and selling
of drugs and medicines at retail or upon pre
scription. Third The celling if food to be
eaten on the premises where sold. Fourth
The keeping open of barber ahops and labor
ing at euch trades until 10 o'clock in the
morning. Deady's Law, paragraph 653,
subdivisions 1, 2. 3 and 4.
Certain Exemptions Made.
In 1S65 thls act was amended eo as to
read: "If any person hail keep open any
store, shop, etc., for the purpose of labor
or traffic, or any place of amusement, on
the first day of the week, etc., provided that
the above provision shall not apply to the
keepers of drugstores, doctor shops', under
takers, livery stable keepers, barbe if?, butch
ers and bakers, and all circumstances of
necessity and mercy may be pleaded in de
fense, which shall be treated aa questions
of fact for the jury to determine when the
offense Is tried by a jury." Laws 16tto, page'
34.
In 1903 this law was amended by except
ing theatere from places of amusement.
The object of the Legislative Assembly in
passing these acts and the amendment there
to was therefore clearly to prevent Sabbath
breaking; to prevent the profanation of
Sunday. Profanation is defined as: First,
the act of profaning; the abuse or dishonor
ing treatement of things sacked or divine;
desecration. Second, abuetve or Improper
treatment of anything that should be held
In respect; also misuse; misappropriation.
Law is CnconstitntlonaL ,
If, then, the object of the law in ques
tion Is primarily to prevent the desecration
or profanation of the Sabbath, rather than
to secure rest and recreation for the purpose
of promoting health, and therefore enacted
under the ponce powers or. me state, uia
enactment would clearly be In violation of
the constitutional guaranty of religious free
dom, and therefore void.
It Is contended by the state that the origi
nal law with the acts amendatory thereof
were passed by the Legislative Assemoiy un
der the police powers of the state. If this
were true, then the Legislative Assembly
might prohibit certain occupations from be
i ni,njwji ah the Sn.hba.th. nrovided that
persons similarly situated were affected in
the same manner. A close inspection of
the act of 1854. the act of 1864 and those
mandatory thereof, will disclose the true
object of these enactments. Our constitu
tion provides that tne suojeci oi wwj m.
be expressed In the title, and under a con
stitutional provision, the title becomes a part
of the act Itself, and may be consulted as an
aid to the Interpretation, especially wim
reference to the object and purpose of the
act. ... x n .
Legislature tannoi Ji;muU.lv.
Th original act of 1854 was entitled: "An
act to prevent Sabbath breaking. , iertA
The section in w intuitu
Is designated as "Profanation of Sunday.
In Deady's compilation pi e "J""
if Oregon of 1864, and a so in
later compilation of 1872. and in Hills An
notated Laws of Oregon In 1887.
i .k i-w were not void for that
reason. It would be void for another reason.
-W hile there are cade holding that the leg
islature has the right to pass laws to pre- ,
; fnatlnn of the Sabbath, they
hold also that the regulations must apply
to eli person. T bejwature has
no right to fllscrlmlnats and thle law was
Sot passed under the r.o" Powers
.tat. The Supreme Co"rt or Oregon eaid
fyjh.T.W-t of th. state to have
strong" robust, healthy citizen., capable of
seir-eupport. of bearing arms and of adding
to the resources of the country. I-ws to
effect this purpose by protecting the
from overwork ana require - ---
of rest to restore ....... .--
.v.-i ..... ,.v. an obvlcus connec
tion with the public welfare. Independent
of any Question relating to morals or- re
ligion, the physical welare of the cltlien
Is a subject of such primary Importance to
the state, ana naa such a airry.
the general good, as to make laws tending
to promote that object proper under the
police power, and hence valid under the
constitution, which presupposes Its xlst
ence and is to be construed with reference
to that effect.
Idaho Law Is Recommended.
There can bs no question that the Legis
lature would be authorised to prescribe a
day of rest and recreation, and to exempt
therefrom certain occupation But such
exemptions would have to act reasonably.
The classifications would have to be based
on reuon, and be consistent with common
senee. This law exempts theaters and de
nounces all other places of amusement.
If the court should hold that It was not
the purpose of this law to prevent the
profanation of the Sabbath, but had been
enacted under the police power of the state,
I would have to hold that the exemption
of theaters Is arbitrary. The court Is un
able to see the consistency of exempting
theaters from the prohibitions in the law
and forcing all other places of amusement,
baseball parks and the like, to close, and
the court la forced to the conclusion that
the classification Is unjust and not author
ized under the constitution.
should the next Legislature desire to pass
a law for the purpose of providing a day
of rest and recreation, the court commends
the Idaho Sunday law, which Is the most
admirable that has been brought to . the
notice of the court.
Let the demurrer be overruled.
Chinese Troops Will Attend.
MOT. China, Oct. 12 General Swoon,
with 1600 soldiers and 200 military cadets,
has arrived here from Foo Chow to take
part In the reception to the American
battleship fleet
P
RAUD TRIALS BEGIN
Pacific Furniture "& Lumber
Co. Before Federal Court.
ONLY FIVE TO BE TRIED
Eleven Indictments Issued, but
Three Plead Guilty Others Fu
gitives From Justice Some
Resist Extradition.
The trial of what the Government of
ficials claim will develoD the third
largest attempt to secure illegal title
to Oregon timber lands, began yester
day morning before Judge olverton
in the United States Court. The case
involves the Pacific Furniture & Lum
ber Company, a concern that had its
headquarters in Los Angeles, and in
dictments were returned against 11 peo
pie, but at the present trial only five
will be tried. Three of the defendants,
when court was convened, entered a
plea of guilty, one of the defendants Is
still & fugitive from Justice, as well as
owners names in xne inaictment, wnue
several others were successful in re
sisting removal from California.
Those who pleaded guilty yesterday
morning were Frank A. Stewart, Wil
lis.m T. Kerr and Ames S. Johnston, ail
of Curry County, Oregon. They were
represented by their attorneys, and pre
ferred to throw themselves upon the
mercy of the court rather than stand
trial. They announced that they re
serve the right to present argument be
fore sentence should be pronounced.
Marcus C MacLemore, a prominent Los
Angeles attorney, will defend William
H. Smith, Richard Hynes, Lee R. Myers
and A. H. Hedderly, and Jeremiah
Huntley, ex-United States Commission
er, another of the defendants, will con
duct his own case.
Demurrer Takes Long Argument.
The action of the defendants Stew
art, Kerr and Johnston in pleading
guilty was one of the first surprises
that the prosecution sprung, and it
caused no little consternation among
the other defendants. After the pleas
were entered, Attorney MacLemore en
tered a demurrer to the indictment and
occupied the attention of the court dur
ing both the morning and afternoon
sessions. He argued that the indict
ment was not specific in its allegations,
and that its various counts gave the
defendants no opportunity to know
what evidence the Government had
against them. For that reason, he said,
they were groping In the dark. He
will conclude his argument tffis morn
ing. United States Attorney John Mc
Court and Tracey C Becker, special
assistant to the Attorney-General, will
conduct the case for the Government.
The scheme used by the members of
the Pacific Furniture & Lumber Com
pany to obtain Oregon timber lands
was similar to those exposed duflng
the trial of other land frauds, only In
this case there was a holding company.
This sold stock in the fountain com
pany, and then sent the purchaser into
Curry County as an eutryman.
Prominent Men Connected.
A number of prominent business men
of Los Angeles became connected with
the furniture company. Some were
bankers and one was a leading physi
cian. Now that the trial Is on, Attor
ney Becker, whose hard-fought legal
battle at Los Angeles resulted in the
removal of the defendants now at bar,
is confident that when all of the evi
dence has been presented, those men
who were successful in resisting re
moval from California will be forced to
trial here at a later date.
Just before Attorney MacLemore re
sumed his argument in the afternoon.
Judge Wolverton excused a number of
the Jurymen from service and dismissed
the others until 10 o'clock this morn
ing. Those who were dismissed for
various causes were: Judd Geer, of
Cove, who was excused because his
apple crop was ready to harvest; J. D.
Gore, of Medford; J. G. Buchanan, of
Corvallls; F. H. Crane, of Cleone;
Frank Douglass, Paul Felloes and Fred
Gooch, of Linn County; M. TV. Hunt, of
Marion County; W. H. Hillgen, of TVas
co County; C. J. Johns, of Baker Coun
ty; J. L. Kelly and Alex C. McKinnon,
of Yamhill County; A. M. Smith and
Louis Seymour, of Douglas County; T.
T. Struble arid C P. Willis, of Benton
County.
Rittenhouse Is Promoted.
Irvin Rlttenhouse, who was Francis
J. Heney's private secretary during the
land frauds, and whose brilliant work
while In Portland, connected with the
trials of Mitchell, Williamson and the
other important land-fraud men, has
been rewarded by the Government.
Word was received here yesterday that
Mr. Rlttenhouse had been appointed
chief at Washington, D. C, of Division
M. This is a very important position.
because it is the accounting division.
The announcement of Mr. Rlttenhouse's
promotion will be pleasing news to bis
many friends here in Portland.
Powder
Absolutely
Insures delicious; Tiealth
ful food for every home, every day.
The only baking powder made
from Royal Grape Cream.of Tartars
made from grapes.
. Safeguards your focxJ. against alum: and
phosphate of lime harsh mineral acids, .which
are used in cheaply made powders.
DECLARE Wi ON PESTS
FKUITMEX ARE WORKING FOR
CLEANER ORCHARDS.
Horticultural Board Plans Estimate
of $4,275,000 as Receipts of
.Oregon Growers.
Interesting discussion of the best means
of fighting the various pests that are the
enemies of fruitgrowers was listened to
at the semi-annual meeting of the State
Board of Horticulture, which convened
in the Chamber of Commerce auditorium
yesterday morning and lasted all day.
That unrelenting war must be waged
upon the codling moth, the scab, San
Jose scale, curl leaf and other fruit pests
was the conclusion of the commissioners.
The virtues of sulphur spray over the
Bordeaux mixture was discussed, but
no hard and fast conclusion was reached
Estimates of the value of the fruit
crop for the season of 1907-1908 were
made by the commissioners and the total
placed at U, 276,000 by President Wilbur K.
Newell, of the State Board or Horticul
ture, A. H. Carson, Fruit Commissioner
for the Third District, with headquarters
at Grants Pass, estimates the combined
fruit output of his district at $1, 49.150
R. H. Weber, The Dalles, Commissioner
for the Fourth District, puts a total
value of Jl. 139.500 on the fruit products
of his district. These are the two chief
fruitgrowing sections of the state. Judd
Geer, Commissioner for the Eastern Ore
gon District, with headquarters at Cove,
Or., savs that section will ship out 700,000
boxes of apples as the result of the sea
son's yield. Commissioners J. a. Kern,
of Milwaukie. and C. A. Park, of Salem,
were not nresent at the meeting.
Each Commissioner present submitted
an extended and detailed report showing
the results accomplished in each district
during the past half-year since the last
meeting Better metnoas or orcnara
culture, more scientific work in fighting
pests and better fruit throughout tne
state as the result, was the unanimous
report of the Commissioners, optimism
was a marked feature of the meeting and
it was predioted that within the next
few years the Oregon apple will rule
the world, as It does now the markets of
the United States.
Wider distribution of Oregon fruits of
all kinds was predicted as the result of
the opening of the Orient to American
production and the education of the Ori
ental people to the use of the products
of the United States. President Newell
predicted that within the next few years
the fruit crop of the Pacific Northwest
will be practically exhausted in supply
ing the demand of the Orient.
It was brought out by the reports of
the Commissioners that the fruit crop of
this year will about hold its own with
the record yield of last season, although
short crops in some lines, notably peaches
and pears, will cut down the total vaiue
somewhat. The Commission Is unanimous
in its recommendation of smaller fruit
farms and more intensive cultivation and
savs It will result in better fruit and
higher prices for the Oregon yield.
Says Wife's Iiove Was Stolen.
A. J. -Noyes charges George Sbllers
with alienating his wife's affections, in
a suit for J10.000, which he has filed In
fl'SlJ ill
the Circuit Court. He says that he mar
ried in September, 1SS6. and lived happilv
with hla wife, Josephine Noyes, until
April 10, 1907. Then, says Noyes. the
defendant "intending to defraud the plain
tiff of the love, affection, society and
companionship of the said Josephine
Noyes, plaintiff's said wife, and while
plaintiff and said Josephine Noyes were
living happily together as husband and
wife, did entreat, induce, persuade and
entice her to transfer her love and affec
tions from the plaintiff to the defend
ant." Meet at the electric fountain In the
Perkins Grill and get some of their Jtist-lv-celebrated
shell oyster specialties.
Ir. your month almiiftr In mjxy wr tG th
ftbov? K to. no Dd to wear wobbly,
unusable partial plata or itl-flttlng or dinar
brlds work. Tho Dr. Wla system of
"TEETH WITHOUT FLAT Eg"
Tb result of 3x years' eueneoe. the new
way of replacing teeth in the mouth teeth
in fact, tee tii m appearance, teeth to chew
your food upon, as you did upon your nat
ural one. Our force la so organized we
can do your entire crown, bridge or plate
work In a day If necessary. Positively pain
less extracting. Only high-class, aclentlfta
work-
WISH DEN TAX CO.. INC.
Dr. W. A. Wise. Mgr., 31 years In Portland.
Second floor Falling bldg.. Third and
Washington streets. Office hours, ft A. M.
to 8 P- M. Sunday. S to 1 P. M. Palnle
extracting. 60o; plates. $6 up. Phones
and Main 202V.
1 9 O 9
DIARIES
NOW IN
Stationers Printers
Engravers
Fifth and Oak Streets
Rent a Piano
yoj Tiant a piano tn your home
this Fall and wintrr. It will afford you
much pleasure. perhaps you feel that
you are not ready to purchase the piano
you desire to own. Most musicians look
forward to the time when they will own
a StHnway piano.
Rent a piano from u and all the
money paid as rent will be applied
toward the purchase of a Stelnway.
We have the lareest stock of pianos In
the city and the finest line of old stand
ard, reliable, well-known makes. Read
the names nemfis as familiar as the
names of old friend? Stelnway. Knabe.
A. B. Chase. Everett, Ludwlf. Packard,
Conover, Kingsbury. Wellington. Estey.
Emerson. Kurtzmann and others.
Our main saleeroomp, second floor.
Sixth and Morrison. Entrance to store
opposite Postoffice.
Sherman msy & Co
The Home of Dependable Pianos."
Yin Kin Lum
Chinese Restaurant
Ckop suey and noodles. Chines, and
American cook. Merchant', lunch tie.
Open day and night
NORTH t'OlHTH STREET.
Corner Everett. Home I'kone, A 2763