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