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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 13, 1909)
9 THE MORNING OREGOXIAX. WEDNESDAY, OCTOBER 1909. 13, r 1 : 1 : : " " : mti m m.i i m , "I I m v "y ST. JOHN EXEMPT. FROM STATE LI fair opens today . mmmiMmEmm City May Regulate Saloons Ir respective of Local Option Elections. Pulp & Paper Company two weeks ago and, after killing time for leas than a day, he left and obtained a payroll check. Later developments have proved that thl was the only thing he was after, for he has proceeded to gain access to some needy printer and has rather closely Imitated the checks of the company. John Adams, Frank Busch, Duane C. Ely and William Gardner cashed Stewart's checks, only to find Monday morning that worthless. The Plnkerton Detective Agency has been placed on I . 1 .... ' HI1,a anil It I . tint hollAVH SUPREME COURT SO RULES Charter Provisions Are Same In Ef fect as in Medford, 3IaJorlty of Court Decides Justice Eakin Dissents. SALEM. Or.. Oct. 12. ( Special.) The Supreme Court today rendered an opin ion reversing the decision of the lower court in the case of the State vs. Sam Cochran, and as a result the Clly Council of St. John will hereafter have the legal right to license saloons in that city The opinion of the court was written by Justice King, concurred. in In justices Mc'Bride and Slater and dis sented from by Justices Moore and Ea kin. A dissenting opinion is written by Justice Eakin. The opinion of the Appellate Court moans that the charter of St. John is the same In effect as the Medford char ter, notwithstanding a difference in the wording. St. John was incorporated by an act of the Legislature on February 19 1903. The local option law was Initi ated and adopted by the people of the state on June 6, 19M. and took effect June 24. 1904. On January . 1905, the Legislature granted the City of St. John a new charter. On June 4. 1906. the peo ple adopted by initiative an amendment to Art XI. section 2 of the constitution, which provided that corporations may be formed under general laws but shall not be formed by the legislative assem bly under special acts. Also, "tho legis lative assembly shall not enact, amend or repeal any charter, or act of incorpor ation for any municipality, city or town. Power Left fo Voters. This power was left In the hande of the legal voters of the cities and towns. Iii 1'7 the people of St. John, by the t initiative, adopted an act to -incorporate the city and to provide a charter there for At the general election on June 1, 19CS prohibition was adopted under the provisions of the general act on the sub ject The opinion notes that many of the legil principles involved were thoroughly covered In the case of Hall vs. Dunn. The legal effect of the words "prohibit and "restrain." used respectively in the Medford and St. John charters, le held to be practically the same. Quoting from the opinion of Justice King: "The Med ford charter adds the power 'to license. ' but In the charter under consideration this power is Included in the word 'regu late.' And the power to license is ir reconcilable with the local-option law. which, when made effective in any local ity, precludes not only the right to li cense, but totally prohibits the sale of any intoxicants whatever for beverage purposes. . . - City Exempt From State Law. ' "The Initiative charter enacted In 1907 is a reincorporation of the city, and largely a repetition of the pro visions of the charter of 190B, leaving tl.e effect of the subdivision now in question unchanged and unafTected by the re-enactment, ami not a new state ment of the law. It was not an effort bv the people to exempt the city from the operation of the local option law, which it has power to do, but leaves the. conditions relative thereto as they were prior to the adoption of the new charter, and the city being exempt from the operation of the local option law by the terms of the charter of 1805. the re-enactment amounted mere ly to another recognition of that fact, and reinforces the position to which we adhere that the prohibition order of June 10, 1908, cannot apply within the city." Justice Eakin in his dissenting opin ion holds that the Medford charter is broader In Its scope that the St. John charter, that the provision of the St. John charter giving the city the right to "regulate and restrain . . . bar rooms" does not exempt the city rom the operation of the local option law. -Justice Eakin says: "This clause of the St. John charter was copied lit- rally from the charter of the city of Portland, which was adopted prior to the local option law, and had no ref erence to It, and evidently the Legis lature had no other purpose In the r . v. a et Tihn ohirfpr thnn to ppt it rrom me operation oi mo on law." Atwood Sentence Affirmed. he can escape. GOT $500,000 BY SWINDLE Banker and Broker Indicted on. Charge Selling Worthless Stock. CHICAGO. Oct. 13. W. H. Hunt, a former banker, and Wallace H. Hopkins, a broker, were indicted today by the Federal grand Jury, charged with having fraudulently obtained money through mis representations In connection with a stock company alleged to have been op erated by them. The peculations of the two are alleged by the Government officials to have ag gregated $500,000. Sale of the stock of the Consolidated Zinc Company figured largely in the accusations. M'MAHON STARTS SUIT Objects to S. P. Repairing Sidetrack on Ills Property. SALEM. Or., Oct. 14 (Bpecial.) Attor ney L. H. McMahan filed the papers' to day In an action for $500 damages against Gresham Will Show Products of Eastern Multnomah. " EXHIBIT BOOTHS ENLARGED Fruits, Vegetables, lilvestock and Poultry Will Attract Many Visi tors Ample Accommoda- -dations Are Provided. GRESHAM, Or.. Oot. 12. (Special.) Undaunted by the fact that tomorrow la the 13th day of the month, the Gresham fair will open Its gates for the third annual exhibit of the varied productions of Eastern Mult nomah and Clackamas Counties. With a continuance of the present good weather the attendance will be heavy. and those who come will find an ex position really up to date and of great Interest in every department. The hew auditorium and stook sheds have been completed and an office building has been erected at the en trance. The grounds have been Im proved and the capacity of the main MAGNIFICENT HOTEL IN EUGENE WILL COST $100,000. 4 ess, gfi s U g sa a sum A HEW HOSTELRY. WILL BE REA 19 EUGENE. Or.. Oct. 12. (Spec Osburn Hotel will be ready for oc 1930. N The hotel is located at the corn and covers a quarter block. It V 000, and the furnishings will cost a -.ie building is located direcll and across the street from the P the streetcar line, and the streets a 1Y FOR OCCUPANCY BY MARCH, 10. ial.) It Is expected that the new'" cupancy by February or March or er of Pearl and East Eighth streets, II cost when completed about $100, n additional $25,000. y opposite the County Courthouse, laza Blocks. It is two blocks from re paved on all sides. ( the Southern Pacific Railroad on account of the rebuilding of the company's tracks on Front street, where McMahon lives. The track was formerly used to handle the business of the North Salem Flour ing Mill, but has lain idle for the post 15 yeans and has fallen into disuse. Re cently the railroad company began re building the track, and, not liking "this evidence of renewed activity, McMahan asks for $500 damages to his property, a perpetual restraining order to prevent the company from building a new track and for an order directing the Sheriff to re move the old track. exee gall Upon a rehearing of the case of the state vs. C. H. Atwood and C. H. T. Atwood. the lower court was affirmed, and the Atwoods must serve out their Jail sentence for the offense charged. The case was passed upon by the Supreme Court last Spring after Justice Bean's re tirement, the four members being divided two and two on the case. The present opinion Is written by Justice McBrlde. concurred In by Chief Justice Moore and Justice Eakin. Justices King and Slater dissent, as they did on the first hearing of the case. In the case of M. A. Zellg vs. the Blue Point Oyster Cbmany, motion to dismiss In granted. The opinion is written by Justice Slater. MEYERS' PISTOL IS FOUND AYeapon Which Killed Officer Was Hid in Preacher's Barn. SALEM. Or.. Oct. 12. (Special.) Sheriff Harry P. Mlnto this afternoon found the gun with which George Jleyers killed Policeman Tom Eckhart. The weapon was found In a wheat bin in the barn on the farm of Rev. P. L. Larden. the Free Methodist Minister, to whom Meyers gave himself up. With the gun was a quantity of cartridges tied up In a handkerchief. The revolver and the cartridges were evidently concealed In the wheat bin by Meyers when he went with Rev. Mr. Irdon to hitch up the latter" team to drte to the Sheriff's office in this city. When Meyers was brought Into the Sheriffs office he told the authorities that he throw the gun Into creek the day before he gave himself up. The weapon Is a 29-callber automatic. BAD CHECKS ARE COSTLY Oregon City Business Men Find They Are Ont Nearly $2 00. OREGON CITY. Or., Oct. 12. (Special.) R, A. Stewart is supposed to be the assumed name of a man who succeeded In working four Oregon City business men for H7.B0 each last Saturday night. He applied for work at the Willamette ROCK PILE HAS TERRORS Hoboes Find It Convenient to Give Cbehalls W ide Berth. CHEZHALIS. Or., Oct. 12. (Special.) Life will have few Joys for the festive hobo In these parts this Winter if the Lewis County Commissioners carry out a plan they have under consideration. It is pro posed to send all the prisoners committed to the County Jail to the county rock quarry and crusher, at Mesklll. The county built a small Jail there two or three years ago, when a state con vict camp was maintained for a time, and there will be little trouble to keep the men confined. Of late, since the local officials have been more diligent In rounding up hobos In order to keep the roi-kfl'noveltng gang filled up to Its full quota, there have been fewer tramps here than usual. ' CAFE REEKS, OFFICER ACTS Health Authorities at Yakima Close Japanese Restaurant. NORTH YAKIMA. Wash., Oct. 12. (Special.) Owing to filthy conditions In the Acme cafe, a Japanese restaur ant. City Health Officer Nywenlng this morning ordered the place closed and confiscated large quantities of decayed meat and vegetables. Just after the officer had closed the place a creditor foreclosed on the Jap for a meat bill. In a score of other Jap places, large quantities of hamburger, minced chick en and hash were confiscated. The Chinese and white places were found all right, except the Northern Hotel, where unsanitary conditions prevailed. The proprietor at first refused to make changes, but when threatened with closing- obeyed the officer's mandate. SHIP ROOSEVELT TROPHIES Consignment of Exhibits for Mu seum Arrives From Afrloa, NEW YORK. Oct. 12. Sixty-four cases, every one big and bound with iron bands and lilled with all that remains of lions, elephants, hfppotaml, monkeys and beasts which would still be roaming the wilds of Africa but for the invasion there of ex-President Roosevelt, arrived in Brook lyn yesterday. They were unloaded from the Anchor Line's steamship Italia. Every case was marked: "Smithsonian Institution. National Mu seum, care of Collector of Customs, Port of New York. From Smithsonian Africa Expedition, R. E. X." The Italia received the cases at Naples from a steamehlp which brought them from Zanzibar. Company Fights Death Suit. SALEM, Or., Oct. 12. (Special.) The Circuit Court has been engaged the most of the day In the trial of a damage case against the Portland Railway, Light & Power Company. The heirs of David Smith are ' suing the companw for $75040 damages for the death of Smith, who was run over by .one of the company's cars nearly a year ago. Governor Benson Will Hunt. SALEM, Or., Oct. 12. (Special.) Governor Benson today took out a hunting license and accompanied by Master Fish Warden McAllister will go out Friday afternoon on a short' ex pedition in search of Chinese pheasants. The European capitals are Just being eon- aectad bj tslephons pavilion has been Increased so that the fine arts and domestic science de partments will be displayed in the upper story, leaving the lower floor for the agricultural and horticultural exhibits and displays of business houses. The exhibit of Multnomah County, recently returned from the State Fair, is being installed by A. F. Miller and his assistants. It was all. gathered In this vicinity during the Summer, and will show to a remarkable degree the resources of the farms and dairies of this section. . It will be a revelation to the people here, as showing what they produce in a concrete farm. Besides, it will show the outsiders that Mult nomah can "do things" as well as other parts of the state. In the stock and poultry departments the exhibits promise to surpass for mer efforts in these lines. Some of the prize-winners from other fairs, all owned here, will be shown. Thorough bred cows and horses from the Cleve land and Ruby farms, and from the Sun Dial ranch, will compete for first honors, and the premiums are gener- j ous envugn lu lempi mo uwnero lu give the best they have. In the poultry house there will be about 350 cases of thoroughbred fowls, giving promise of a display superior to anything shown elsewhere the pres ent year. A new well has been dug on the grounds and a gasoline pumping plant has been Installed, which will supply all the buildings with an abundance of pure water, on tap through a piping system distributed all over the grounds. The Furrow attractions will be on an extensive scale, the Arnold shows hav ing taken the concession to furnish the amusements. The Furrow will be at the main entrance this year, and will be the main thoroughfare to the exhibition buildings. Thelrestaurant privileges have been taken by three of the local granges, which will supply meals at reasonable figures. Other accommodations will be ample and complete, and with a con tinuance of trood weather the fair will Great Annual Woolen Goods Sale Tha Bale has now been in progress almost two weeks, and Is an unqualified success In every way. We re away ahead In sales L compared with the woolen goods sale of last year, and everybody tells us that the values are positively the best ever. Have you eveenhere? If so. you bought. If you have not been here, it's for your, own good that you come as soon as you can. Underwear Men's $20-$25 Suits, Overcoats and Raincoats Gray and Mottled Blankets This Woolen Mill Store is the best place for buying it. Highest quality and lowest price. ' Men's $1.00 wool Underwear 75 Men's $1.25 wool Underwear $1.00 Men's $1.60 wool Underwear. . . $1.25 Men's $2.00 wool Underwear $1.50 Men's $2.50 wool Underwear $2.00 Cashmere Knit " Socks "Cold feeM" Nonsense! Buy some of the Socks we have that are just like "mother used to knit." The cost is small. 20c cashmere Socks, 2 pairs 25 25c cashmere Socks, 3 pairs 50 35c cashmere Socks... 25 50c cashmere Socks... 35 75c cashmere Socks 50 25c heavy knit Socks . .20 35c heavy knit Socks 25 50c heavy knit Socks ....35 75c heavy knit Socks 50 Sweater Coats Big assortment of them, all highest pos sible quality at their respective price. $1.60 Sweater Ooats w.$1.25 $1.75 Sweater Ooats $1.50 $2.50 Sweater Coats $2.00 $S.00 Sweater Coats. . ; $2.50 $4.00 Sweater Ooats $3.00 These Suits, Overcoats and Raincoats cannot be matched elsewhere under $20 to $25. Boys' All-Wool Oregon Bu'kskin Wear Guarant'd Knicker Suits Big heavy fellows full of warmth anH comfort, no matter how cold it gets to be. $4.00 gray and mottled Blankets. $3.00 $4.50 gray and mottled Blankets. $3.50 $5.50 gray and mottled Blankets. $4. 00 $8.50 gray and mottled Blankets. $5.00 $8.00 gray and mottled Blankets. $6.00 $10 gray and mottled Blankets. .$8.00 r Blankets Made of the finest Oregon lambswool that means that these Blankets are the very best to be had. $ 7..00 white Blankets .$5.50 $ 8.00 white Blankets $6.50 $10.00 white Blankets $8.50 Blankets WashedTho hVv I bought "Brownsville Blankets" of us can bring them hero now for washing, reblnd lng and reflnlshinp at the mill. The charge for this service will be actual mill cost. Remember that this is the only time dur ing the year that the mill has time for this. $4.5Q to $6.QO Indian Robes $4.00 1 m Nothing more desirable for couch oovers, cosy comers or lap robes. Big line of very handsome and rich designs. Blue Flannel Shirts Men's Flannel Night Shirt The quality of the "Brownsville" Flan nel Overshirt is known far and wide. In the first place, the fabric is absolutely all pure wool, and then they are cut extra wide and long and perfectly made. $2.00 Brownsville flannel Shirts. $1.50 $2.50 Brownsville flannel Shirts. $2.00 $3.00 Brownsville flannel Shirts. $2.50 $3.50 Brownsville flannel Shirts. $3.00 Made of all-weol "Oregon Buckskin ' ' cloth a fabric that wears like leather. "We guarantee these suits to give a year's satisfactory wear or a new siit in place of any that fails to please. Made like you'd have them made long and wide and full. $1.25 Night Shirts ..$1.00 $1.60 Night Shirts $1.25 $2.00 Night Shirts $1.50 Medicated Flannel Underw'r This Underwear is made of all pure wool Brownsville medicated flannels, and is: recommended by us as a cure for rheu matism; it comes in red and brown colors $1.50 flannel Underwear $1.25 $2.00 flannel Underwear $1.50 Third and Stark Clothiers If Mill SUto iWMan Third tad Stark CHECK ACCOUNTS To encourage the adop tion of business methods in handling your business while adding to our pa tronage, we accept check accounts without restric tions as to amounts, and offer the facilities of a well-appointed and cen- . trally located banking room, coupled with the services of courteous and efficient employes. All your payments should be made by check, for every possible reason of convenience, safety and business propriety. We solicit your patron age. MERCHANTS SAVINGS & TRUST COMPANY Corner Sixth and Wash- -ington Streets. be the best yet held, and a criterion for all future events of the kind. SHEEP ARE IN FINE SHAPE Winter Outlook Discouraging Be cause of High Price of Feeds. PENDLETON, Or., Oct. 12. (Special.) Thousands of sheep are now on the trails leading from the Summer range In the forest reserves of the Blue Mountains to the Fall and Winter range on the foot hills and lowlanda. They are coming out of the mountains In as good or better shape than they have ever come out be fore, yet despite this fact the prospects for the Winter are not as bright as the growers of wool would like to see. The grass In the mountains was un usually good this year. The limitations placed upon the number of animals al lowed to graze In the National reserves by the Forest Service prevented the range being eaten off, and the early Fall rains started a good growth of grass on the foothills, so that the conditions there are all that could be desired. But it Is on the Winter ranges that the trouble is to be experienced. So far there has not been rain enough to start the grass and from present indications the extremely dry years of the past two seasons are to be duplicated. Though the sheep are tnererore coming on to the Winter range fat and healthy. It will require an extraordinary amount of hay to carry them through the Win ter. This will prove even more expensive this year, because the price of hay Is already higher and Is constantly soaring. Ware Denied New Trial. CHEHALIS, Wash., Oct. 12. (Special.) Tuner Tt ripnleri the motion of tho attorneys for Joe Ware for a new trial for their client and sentenced him to an indeterminate term In the State Peniten tiary. Bail was fixed at 4000 pending and appeal to tne supreme uoun. DEMAND THIS BRAND Lard is the favorite, time-tried shortening. Columbia Lard is the best. Government in spected, made under modern scientific, sani tary methods, kettle-rendered. Always DEMAND THIS BRAND Pioneer P.o-kVr. $ Portland, Oregon. Making the Standard Rye Whiskey A, of America, No. 4 BOTTLEDfN BONO The Malt House. The malt used in mak ing the Standard Rye Whiskey of America is a strictly pure rye malt. No grain but the choicest rye being used. This is expen sive, but it helps to j tive flavor 6f CTbod old Bottled In Bono This malt is made by the mosttskillful of malsters, assisted by a trained crew, in which son has succeed ed father for generations oack. The malt is so superior that this country does not afford any rye malt approaching it in quality. Write ua for a beautiful book telling the whole interesting story oi now ine SUUiaaru Ityc vv majtvy oi Amn i mue, A, Guckenheimer & Bros.. Distiller. Pittabura. Since 1 857 GOLD DUST goes after dirt with a "big stick" and does all cleaning quicker and more thoroughly than soap or any other cleanser GOLD DUST is more than soap does more than soap. Soap merely cleans, GOLD DUST gets under the surface, kills every germ, washes out, every impurity and sterilizes everything it touches. It is a sanitary cleanser and saves the housewife the toil of rubbing and scrubbing. Other cleansers make you show what you're made of. GOLD DUST shows what it's made of. GOLD DUST makes its own cleansing suds. It does the hard part of the work; you merely assist it L ttuQ0LDDUSTTtndo9orworV Made by THE N. K. FAIRBANK COMPANY Makers of FAIRY SOAP, the oval cake. "C Q. D., C. Q. D." Help ! Help! Over its wireless telegraph a ship in distress sends forth its call for help. The air brings back the answer V Coming." When your feet are in distress send a call for help to the near est good shoe store. Tell them you want a pair of Crossett's quick. CROSSETT shoes are to feet in distress what the wireless is to the ship they are life-savers. CRO "MAKES SSETT SHOE LI FES , WALK EASY " To tired, aching feet "Cros ett' is a welcome answer. $4 to $6 everywhere. LEWIS A. CROSSETT, Ino., Maker North Abingtoo Mas.