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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1908)
11 TIIE 3IORXTXG OREGONIAX, SATURDAY, yOTEMBEB 21, 1908. 50GIAUSTS WILL GABBY CASE UP Circuit Court to Pass Upon Constitutionality of Move On Ordinance. OFFENDER IS FOUND GUILTY Socialist Orator Refusing to Move On When Ordered by Policeman Is Fined $10 in Police Co art. C. E. 6. Wood on Defense. JuVt whether Socialists may use the public streets for their meetings to de claim ajrafnst the present order of things is a question .which is to be taken to the State Circuit Court for settlement The matter came up in the Municipal Court yesterday afternoon, but Anting Jude Sabrook declined to pass upon the constitutional aspects of the ordl nan.-e which prohibits these gatherings. He passed on the case on trial purely from the evidence, finding E. J. oote, a street speaker, guilty of refusing to move on when so ordered.- A fine of $10 was imposed. Portland Socialists are not satisfied with such a finding, and the fl?ht is going to be taken on up to the Supreme Court if necessary. C E. S. wood is strain appearing as a defender of a 'downtrodden public," and while he still maintains that he Is not a Socialist yet he says he feels that the rights of the Socialists are being usurped. Says Constitution Violated. "When a policeman walks up to a citizen and orders him to move on he Is making of himself an arbitrary tyrant. To say that men cannot use the streets for gatherings In which to discuss their 31rTer-nces and wrongs is to proclaim for tyranny, to rob the people of their Inalienable rights under the Const ltu tion." said Mr. Wood. Rhetoric and declamation did not flow to any great degree yesterday, however. as Acting Judge Sea brook said frankly that he didn't Intend to go Into the constitutionality of the ordinance volved. That was for a higher court to decide, he added. So the trial was proceeded with as to the facts in the case. The Socialist ranks was represented by some ;W or 40 indl vlduals, mostly foreigners. Most of them were there as witnesses. Interest in the case extends to ail Socialists, however. as the question is one which has long been agitated. A number of policemen were also in the courtroom. The inter est of the police In the case is second only to that of the Socialists, for street orators have said many unkind things to patrolmen who ordered them to move on, and there is no love lost either way. Man la Found Oullty. x Patrolman Porter was the first wit ness. He told of having arrested Foote at Second and Burnside streets, where the street orator was making declama ttna Rrnln.st everything excepting the Socialist party. A mob of unwashed, unshaved jersons mas swarming about th noisy speaker, he said, more inter ested In his antics than in anything he was saying, and this assemblage com pletely blockaded the street and side walk. Pnrter ordered Foote to move on. but the North End Demosthenes refused and, martyr to the cause, was taken to th Police Station. Following Porter some of those who had betn present, all speaking with ac cents of many countries Tnd barely to he understood, were called to say that the street was not 'fully blocked. They -ail admitted, however, that Foote de clined to move on when ordered to do so by t he policeman. .After Deputy City Attorney SuHlvan had demanded conviction of the prisoner and Mr. Wood had pointed out the con stitutional weakness of the ordinance, the Court passed on the facts without consideration of the validity of the or dinance. "By the testimony of the defendant's own witnesses it Is clear that this ordi nance mas violated that this man re fused to move on mhen so ordered." said the Court. "Stich being the ease, he mill be found guilty and the maximum fine of 110 m-ill be imposed." Inasmuch as cases where the fine Is less than $25 cannot be taken on appeal to the Circuit Court, the case will be taken there for review. NO PLACE FOR SPOONING Policeman Routs Quartet From t'n der Sclmolhonse Steps. Hereafter young couples who have bepn In the customof exchanging sweet rothinps on the school steps must seek another Irysting place. The police have been given Instructions to stop all such practices. Iong since couples found leaning on front gates have been under the ban. Young lovers have come to know that they must remain at the f mnt gate only until the policeman on the heat heaves in sight. If the beat Is a laree one or the patrolman Is a little slow or negligent so much the better. I'ndcr the latest departmental order to keep schoollionse steps clear of young people after dark, two couples were driven home from the front steps of the Hawthorne school at 11 o ciock Thursday nltrht. Their stay vas inter rupted by Patrolman Stone, who made a report of the Incident to headquarters yesterday. He said the young peo ple got under the large steps In order to avoid being seen by him as he passed, but that he suspected their presence -because of a suppressed feminine giggle, and on Investigntion with his flashlight found them huddled together trying to avoid detection. , It mas mining hard and since they protested that they mere merely trying to keep out of the rain he decided to merely take their names and allow them t- go home. The names given were: 1 I). Furlong, age IS; E. 11. Rockwell, age 19; Lillian McCoy, ace 18; Ethel Cope land, age IS. They were warned against ever again using the schoolhouse steps as a courting place. ' CONTEST TO AID Y. W. C. A. C hurches Will Secure Members for I .oral Association. At the cervices tomorrow in all of the lo,-a: churches the work of the Y. W. t A. and the effort now being made by t'.at organization to increase its mcmhernl p wiil he presented by the various pastors. Tnis action is the re mit .f the visit of .Miss Constance .M.Cork le and Miss V. Pearl Chandler, of the Y. C. A., to the recent meet ing of the Portland Ministerial Associa tion The plan outlined at that time pro vides that the women of each congre gation lend their efforts to securing memberships among the young women of the various churches. Premiums are to be awarded to the four denomina tions securing the largest number of memberships. This is to be known as the "Rainbow Contest." Awards for rood wo.-k in the contest will be made as follows: To the denomination securing the largest number of members, a five years' free tuition in the gymnasium. To th" individual, regardless of de nomination, securing the largest num ber of members (number must exceed IS), one years free tuition In gym nasium, and one term free tuition In etther educational or domestic arts classes. To the individual securing- the sec ond largest number, one year's free tuition in the gymnasium. To the individual securing third largest number of members, one term free tuition in either educational or domestic arts classes. Denominational colors are as fol lows: Baptist, yellow; Christian, red; Congregational, light blue; Episcopal, orange; Evangelical, green; Lutheran, dark blue; Methodist Episcopal, white; Presbyterian, pink. JUDGE IHIE TO WEB MCXICIPAL MAGISTRATE WILIi MARRY IN EAST. Supposed Confirmed Bachelor to Embark in Matrimonial Venture With Boyhood Sweetheart. Municipal Judge John Van Zante. long regarded by even his closest friends as a confirmed bachelor and whose ..absolute refusal to marry couples seeking to em bark in matrimony has caused consid erable comment. Is himself a victim of Cupid. Quietly, and without explanation to his friends, he has gone East to marry the sweetheart of his boyhood days. Miss Rachael Von Donsellar. of Pella. Marlon County. Iowa. The wedding is to occur Immediately upon his arrival there, and the couple will come to Portland early In December to make this place their home. Although he has been preparing for the Journey for some days, no word of his Intentions became known to his friends. Late Thursday night he went to his office at the Municipal Court and ar ranged his business so that he" could leave. He had previously asked Mayor Lane to name someone to take his place until December 6. After he had gotten the legal business of the oourt In shape and gone over the court calendar with Municipal Clerk Milner. he. went direct to the I'nioji depot and took the late train for Iowa. "I am sorry I ever married a couple In my life, if they, are missmated and trouble follows I feel in a way to blame, and I do not want such things on my conscience." That was a statement made a snort time ago In refusing to marry a young couple at the courtroom, and !n view of such a declaration It was believed Judgo Van Zante was suspicious of matrimony beyond hope of redemption. Behind his trip to Iowa there is a pretty romance. The bride-to-be. daugh ter of a prominent Iowa family, attended the same school with Van Zante. and before they were of age came to an understanding that some day they would be married. Two years ago he went to Iowa and then the engagement was renewed. During the absence of the Judge on his wedding trip E. B. Seabrook will act as Municipal Judge. TO OLDMEXICO. The regular mid-Winter excursion to Old Mexico will leave Portland Decem ber 1 2 and 13, joining the Southern Pacific solid Pullman excursion train out of San Francisco Tuesday, Decem ber 15. v The return fare. Portland to Mexico City, will be 1104; tickets bearing a limit of two months, with stopover privileges at pleasure on the return trip. Passengers will be piven the choice of the Southern Pacific or the Santa Fe returning between El Paso and San Francisco. Coming west over the Santa Fe you can make a side trip into the Grand Canyon for $t?.50. Ask for "Mexico." a little booklet story on this charming and historic country. Tickets, reservations and particu lars at Third and Washington streets. Heavy Rains at Montesano. MONTESANO. Wash.. Nov. 20. (Spe cial.) The heavy rain which began .Sun day still continues, and has caused con siderable high water in the Chehalls and Wynooche rivers. The railroad 'bridge across the "Wynooche. which was consid ered as unsafe last year, was strained considerably by a jam of logs, and trains were delayed for a part of one day. but resumed traffic yesterday. During these days up to Thursday morning a total of 6.50 inches of rain fell at Montesano. Webfoot Oil Blacking keeps reet ary. Makes shoes last. All dealers. HASSAM'S PICTURES DELIGHT LOVERS OF OREGON SCENERY Exhibition of Impressionistic Paintings at Art Museum Farthftdly Portrays Aspects of Eastern Oregon. Trie, exniouion oi lanascape piciurea by Childe Hassam at the Portland Art Museum is attracting most fa vorable attention. Art lovers, and par ticularly those who delight In the great outdoors of our own Oregon, throng the exhibition hall daily. Mr. Hassam. who lit America's leading representative of the Impressionistic school, came out to the Coast five or six years ago on a visit and returned this year to put on canvas some of the wonders and beauties of Eastern Oregon scenery. With Judge Carey and C. E. 9. Wood Mr. Hassam camped for two months this Summer on the Blltxen River. 40 miles from a post- office, hundreds of miles from any rail road, right in the heart of Harney and Malheur Counties, where he painted 40 canvasses. Twenty-five of his larger cre ations and nine smaller sketches, which he calls "Studies of Desert Sky Kffects," re on exhibition at the Art Museum. Childe Hassam works rapidly, and his pictures breathe a freshness in impres sion that is really remarkable. He paints in a high key. and works for effects of light and atmosphere. He belongs to the plenalr school, painting entirely out of doors. He most delightfully depicts the semi-arid country of Eastern Oregon, and ail of his work is characteriied by a restfulness In color and harmony that Is most appealing. Manv people, not knowing particularly what Impressionistic art Is. have a vaeue idea that It is an aoortive Kina of poster painting, and since Mr. Hassam a our foremost artist oi tnis scnooi. nowhere can one have better opportu nity to see him at his best than in the exhibition now being held. The fact that the pictures are local, too. is of in terest, and visitors who are acquainted. FOUR WIVES FREED Granted Divorces on Grounds of Desertion. BLAMES FATHER-IN-LAW Herschell Jf. Sawyer Attributes Do mestic Trouble to Wife's Parent, Alleging He Induced Mrs, Saw yer to Leave Him. Four divorces on grounds of de sertion were granted by Judge Ganten bein. In the Circuit Court yesterday morning. Mrs. Mattie Kailbach said that one day, while she and her hus band, Philip F. Kailbach, were prepar ing to move, he flew Into a violent rage and Informed her that he would rather live alone than witn ner. ne then tore the pictures from the wall, she said, divided all the portable arti cles In the house, including the dishes, and left her. Mrs. Kailbach said that this was in October, 1907. yThey were married at Newport,, Ark., in May. 1895. She was permitted to resme her former name. Mattie Higgenbotham. Mrs. Alice Pierce returned from a trip to California two years ago, she said, to find E. F. Pierce lavishing his affections upon another. She entreated him to return to her. but he refused, she said. She was granted a divorce, and permitted to resume her former name. Alice .Freeman. She married Pierce at Olympla, Wash., In 1901. Says She Was Deserted. Mrs.c Mary E. Scott said she was obliged to leave Mexico because the high altitude did not agree with her. She went to St John, where she has been- living with her brother. She testified that her husband told her he would come to Oregon later, but did not get further than California. She married Alvah Scott In Nebraska, in 1899. Mrs. Mildred H. Purdom obtained a divorce yesterday from C. A. Purdom. She said he deserted In July, 1907. They were married at Grants Pass in December. 1896. Richard Kruger filed In the Circuit Court yesterday morning an answer to the suit of Clara Kruger, In which he asks that her suit for divorce be dis missed. He does not seek a divorce himself, blaming William Reed, of 881 East Thirty-eighth street, for his wife's estrangement. He says he was obliged to go to California to get a Job paint ing and that on September- 13. 190T. his wife left. He is still willing to provide a home for her and their ohild. he says. Helen Cook has brought a divorce suit against Frederick E. Cook. She says he deserted while they were liv ing at Lewiston. Idaho. They were married In Brittsh Columbia, May 30, 1900. Says Katlier-ln-Law Is Cause. Herschell N. Sawyer has filed an answer to his wife's divorce complaint. In the Circuit Court, In which he says his father-in-law Is the cause of the trouble between his 'wife and him self. Cora Jane Sawyer recently filed suit, alleging that her husband was sullen and overbearing to such an ex tent that he beat her because she de sired to remain at church to sing In the choir and timed her to the minute when she went to town. She also said he refused to permit her to visit her parents. Sawyer says in his. answer that her parents vigorously objected to the marriage, which took place in October. 1907. He says that William Jolly, the father-in-law, has since sought to poison his daughter's mind against her husband, and that It was only through his efforts that the complaint was filed. Last Saturday Sawyer exchanged the usual greetings of affection with his wife before going to his work. She paid a visit to her parents and was in duced to seek a separation. Monday she returned home, he says, to gather her personal articles, and kissed him several times. He could assign no reason for this, except that she "Just wanted to." SOT OVER VALUABLE REALTY Heirs of M. S. Griswold Bring Action for Title to Property. The heirs of Miles Standlsh Griswold. and D. Goodsell. administrator of the estate, have brought suit in the Cir cuit Court against Frederick Proebstel. Media Proebstel, W. J. Snodgrass and Mary Snodgrass to obtain a clear title to about six acres of land along the river bank in East Portland. upon which the Portland Flouring Mills stands. It Is alleged. In the complaint that on September 24. 1857. Frederick Proebstel gave title to 159 29-100 acres in East with that part of our state are visibly pleased. The frankness, honesty and great depth of feeling shown In these canvases Is noteworthy. The coloring is wonderful, his skies, and the beautiful blue and violet shades are particularly so. His "Study of Clouds" Is conceded to be one of the best, while the picture, "Early Mornmg." possesses splendid values, with its ertect of distance and the light on the rim rocks across the sagebrush plains. Another, which Mr. Hassam calls "The Rainbow." depicts Mhe Illusory transitoriness of rain falling behind clouds. This picture Is the only one that has been framed permanently, since Mr. Hassam takes his exhibition to New York after November 28. This frame, it is interesting to note, was executed by Hermann Dudley Murphey, of Bos ton, a well-known artist who exhibited several beautiful pictures at the Lewis and Clark Fair, from an original design by Mr. Hassam. It is very massive and Is particularly handsome In conception. Childe Hassam was born In 1859. and is a Bostonian. He has lived- abroad most of his life. -though. In his early student days he was a pupil of Boulanger and Le Febvre. In Taris. He won a bronze medal in Paris in 1SS9. a gold medal at Munich in 1S92. and won prizes at the Columbian, the Pan-American and St. Louis expositions. He took the Clarke prize In the National Academy in New York, in 1005, and the medal at Carnegie Institute at Pittsburg in both 18S8 and 1905, as well as the medal of the Society of American artists In 1906. He is a member of all the art organizations, and one of "The Ten American Painters,' among whom are William Chase. Frank Benson, T. W. Dewing and Edmund C. Tarbell. besides being Identified with numerous foreign associations. BOOT BLBE3B Hi mn m, up.p i ,. ,i f wj. ''ii w Mil' Jr mm For she cannot help it. Women are often cross, irritable, hysteric, and declare they are driven to distrac tion at the slightest provocation. Men cannot understand why this should be so. To them it is a mys tery because in nine times out of ten this condition is caused by a serious feminine derangement. A remedy is necessary which acts directly upon the organs afflicted, re storing healthy normal condition to the feminine system, which will quickly dispel all hysterical, nervous and irritable conditions. Such is LYDIAE.PINEtHAf.rS VEGETABLE COMPOUND The following letter serves to prove this fact. Mrs. Mattie Copenhaver, 315 So. 21st St., Parsons, Kans., writes: "For two years I suffered from the TfOrst forms of feminine ills, until I was almost driven frantic Nothing but morphine would relieve me. Lydia E. Pinkham's Vegetable Compound brought me health arid happiness and made me a well woman." FACTS FOR SICK WOMEN. For thirty years Lydia E. Pink ham's Vegetable Compound, made from roots and herbs, has been the standard remedy for female ills, and has positively cured thousands of women who have been troubled with displacements, inflammation, ulcera tion, fibroid tumors,, irregularities, periodic pains, backache, that bearing-down feeling, flatulency, indiges tion,dizziness,ornervous prostration. Why don't you try it ? , Mrs. Pinkham invites all sick women to write her for advice. She has jruided thousands to health. A-i-esn, i.vnn.Mass. Portland to Wendel Proebstel. the lat ter paying $1200 therefore. This prop erty Is described as follows: River lot 1. section 20; river lots 1 and 3, section II; a fraction of river lot 3, section 21: the east half of the northwest quar ter of section 21, and the fractional northwest quarter of the southwest quarter of section 21, in township 1 north of range 1 east of Willamette meridian. Wendel Proebstel in turn gave Griswold a deed to the property. The latter died In September, 1906. It is asserted in the complaint that although Proebstel has not, for 50 years, claimed any interest in the prop erty, he has, within two months. claimed ownership to tne fractional piece of ground in section 21. The de scription of this piece of ground on the Proebstel-Wendel deed is said to be Incorrect. It is asserted by the Gris wold heirs that It should have been de scribed as lot 5, section 21. Proebstel's purpose In setting up a claim to the property is said by the plaintiffs to be to obtain a large sum from the Griswold heirs- for a quit claim deed. It is charged that on Oc tober 8 he sold the property to W. J. Snodgrass. but that the latter paid nothing for it. the transfer being made solely to establish the Proebstel claim of ownership. The plaintiffs ask that the defendants be enjoined from making further conveyance pending the outcome of the suit. TERMAGANT S-EXT TO PRISON Mrs. Rose De Cicco Sentenced to Serve Two Tears, Six Months. Reciting her woes to Sheriff Stevens and Matron Cameron in a mixture of Italian and English, Mrs. Rose De Cicco was silenced In the Circuit Court yes terday afternoon long enough to receive her sentence. Her attorney asked that leniency be shown by the court, as he believed the woman to be mentally Ir responsible for her acts since her chil dren were taken from her. Judge Cle land said that he believed, the woman should be confined, and sentenced her to serve two years and six months in the State Penitentiary. The penalty for assault and battery is from qne to ten years' confinement. Several years ago Mrs. De Cicco had trouble with her husband, and a di vorce was granted. Her children were taken from her, and she has been try ing ever since to get them back. This was the burden of her almost unintel ligible conversation with the Sheriff yesterday. This year the woman had further trouble with her husband, who called in the police. The officer was beaten by Mrs. De Cicco with a sledge hammer when he was about to make the arrest, and it was for this that she was tried. The Jury returned a verdict In 20 minutes. Demand $1421 for Trunk. Harry and Maude Holmes, well known in the vaudeville world, have filed suit in the Circuit Court to collect $1000 from the Southern Pacific Com pany for the loss of a trunk, in which all the paraphernalia of the team was stored. Owing to the loss of the truiiit, the complaint states, the couple have has helped countless thousands of thin, weak, delicate children made them strong, plump and robust. It creates an appetite, aids di gestion, fills the veins with rich red blood. After illness or loss of weight from any cause it brings strength and flesh quicker than anything else. ' A T.T. DB0GG18T8 t ' Send this id., four cents tor postage, men tionins this paper, and we will send you a Complete Handy Atlas of me World." SCOTT & BOWNE, 409 Pearl St. New York k Given a Beautiful Girl and her lover, two villains and a magic safe, Anna Katharine Green has written the greatest story of love and mystery since her famous novel, "The Leavenworth Case." You'll find it in the most beautiful woman's magazine ever published filled to the covers with Christmas love stories, Christmas songs, Christmas entertain ments, Christmas books, and page after page of Old-Fashioned Christmas Cheer Here are some of the writers : Mary E. Wilkins-Freeman, Edward Everett Hale, Josephine Daskam Bacon, Edwin Markham, Margaret E. Sangster, Kellogg Durland, Florence Morse Kingsley, Grace S. Richmond all in the December WOMAN'S HOME1 COMjgAglON i At All News-stands been unable to fill engagements since September 24. In .addition to the dam ages for loss of time and inconvenience, the complaint prays for $421 to cover the cost of the articles lost with the trunk. One Culprit Is Sentenced. Joseph St. Clair, who pleaded guilty to a charge of simple assault, was sen tenced by Judge Gantenbein, in the Circuit Court yesterday afternoon to serve one year in the County Jail. He struck Axel Hemmingson. on Novem ber 14, In the face with his fist, and is "f you '' i 1 '. - ; n occasionally, even if you do not have it every morning. When you do eat oatmeal, you will want H-O. Tt costs a few pennies more than ordinary "rolled oats" that's because it's steam-cooked for three hours under high temperature. The process is patented. Fifteen minutes boiling thoroughly prepares it for the table, and you have a porridge of sweet, tender, deli cious kernels not the pasty, mushy mass, that you get from orclinary "rolled oats." Ask your grocer for H-O. va. it .,&.s vi l -. M0i Av ' n f alleged to have taken $5 from Hem mingson. E. J. Merten, caught by a po liceman In the act of entering a build ing through a window, pleaded guilty to a burglary charge In the Circuit Court yesterday afternoon. Judge Gan tenbein postponed sentence, as he de sires to look into the man's record. He Is said to have an honorable discharge from the Army. Tax Title Held Invalid. Failure of the Sheriff to give a cer tificate of delinquency Invalidates a tax "I'm thinking I'll You Will Eat . Some Oatmeal, " Anyway are a healthy American, you will eat oatmeal title, according to a decision rendered by Judge Cleland n the Circuit Court yesterday. The case was that in which P. H. Marlay brought suit against Jo seph Best and W. W. Marquam to quiet title to lots 10 and 19, block 69, Fulton Park. It was shown by testimony that Sheriff Frazler failed to sign a certifi cate of delinquency at the time Marlay paid the tax, so he has lost the prop erty. It was sold by Best to Lulu Mar quam. , Olympla Beer. "It s the water." Brew ery's own bottling. Phonal.. Main 671. A S467. . A. i t. get more. " Oliver Twist. porridge i