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.