THE " MORNING OREGONIAN, SATURDAY, APRIL 23, 1910. FISHERMEN GUN VICTORY IN COURT Judge Gantenbein Decides State Commission Can not Close Streams. OLD LAW HELD REPEALED Secretary of Vnion in. Test Case l'otind Hot Guilty of Violating Law by Taking Salmon From Willamette and Clackamas. OREGON CITT. Or.. April 22. (Spe cial.) Holding: that the Legislature of 1905 repealed by implication the law of 1901 which authorized the State Board of Fish Commissioners to close the Willamette and Clackamas rivers at will. Judge C. U. Gantenbein, of tire Multnomah County Circuit Court, this afternoon directed the jury to bring: In a verdlit of not guilty In the case of the State versus Harry Atrne, who was charged with fishing for ealmon between March 1 and May 1. It is contended by Master Fish War den McAllister and his deputies that Judge Gantenbein has in effect re versed the State Supreme Court, but this is denied by the attorneys for the defense, who contend that the point raised today was not passed upon by the Supreme Court at all, but that the higher court merely ruled on the valid ity of the law of 1901, In so far as It conferred power upon the State Board of Fish Commissioners to close the streams. Last January the State Board of fish Commissioners Issued an order closing the Willamette River north of the falls at Oregon City, and all of the Clackamas 'rjver, to salmon fish ing, either by net, seine, hook and line or in any manner, between March 1 and May 1. The local fishermen's union joined hands with the Portland Fish Com pany and attempted to secure an in junction restraining the Board of Fish Commissioners from closing the streams, attacking the validity of the law. This application was dented by Circuit Judge Morrow, of Multnomah County, and the fishermen appealed to the Supreme Court, which sustained the lower court. t Judge Eakin's Opinion. The Supreme Court said, in an opin ion by Justice Eakin: "It is urged by the plaintiffs that this order of the board denies equal protection of the law to the plaintiffs in that the notice has the effect of closing portions of the stream, leaving other portions of it open, but this af fects the locality and not the indi vidual; where the stream Is open it is open to everybody, and there is no dis crimination or spoliation of property. A law that operates only In a limited territory to accomplish a specific pur pose does not deny equal protection of the law, as it affects all persons impartially who are similarly sit uated." Judge Gantenbein held today that the notices must be sufficient as -to all streams or parts of streams in tended to be closed by the board, for the reason that if it was sufficient as to some and insufficient as to the rest, then it would be a discrimination and class legislation. The state 'believes that this ruling is contrary to the Su preme Court's opinion above cited. Immediately after Judge Eakln's de cision was handed down, Harry Aune, secretary of the local fishermen's union, attempted to make a test case St the law by going out on the. Will amette River 'with his gear. He was promptly arrested and his boat and net confiscated, and he was indicted by the grand Jury and placed on trial to day. Objections Interposed. As soon as the case was opened and a jury secured Isham N. Smitlt and George C. Brownell, representing the fishermen, interposed objections to the Indictment upon the ground that it was insufficient, and arguing that the Legislature of 1905 had declared the closed season on the Willamette and Clackamas rivers to be from March 15 to April 15, thereby repealing the ac tion of the legislative body of 1901, which authorized the State Board of Fish Commissioners to close any stream or portions of any stream for iny time. The Legislature of 1905 amended sec tion 45 of the laws of 1901, relating to lalraon fishing, changing the date of the closed season.! Judge Gantenbein held that by this amendment the Board of Fish Commissioners was deprived of the right and power i nder the for mer section, to make longer closed season. Judge Gantenbein also held that where the notice was to the effect that the Willamette River and its tributaries and the Clackamas River and its trib utaries should be closed, that it was necessary for the board to post on the Willamette River three notices In Clackamas County, three notices in Multnomah County and three notices on the Clackamas River, and that proof of posting of all such notices should be made in both counties, should be alleged in the indictment and proven at the trial. While there are only seven days left of the closed season ordered by the board, it Is the intention of the local fishermen to take advantage of their victory and fish in the Willamette and Clackamas. Notwithstanding the decision of Judge Gantenbein, Master Fish Warden McAllister stated this afternoon that his deputies were instructed to arrest any fishermen violating the order of the board. NEWTON J. WALKER IS DEAD Veteran of Mexican War Crossed Oregon Trail in Year 1851. FOREST GROVE. Or.. April 22. (Special.) Newton J. Walker died at his home here at an early hour this morning. He was one of the early Oregon pioneers and served in the In dian and Mexican wars. He was born In Bond County. Illinois, February 14. 1830. When but 17 years old. in 1847. he nlisted in Company I, Third Regi ment Illinois Volunteers. After the Mexloan war he moved - to Wisconsin and in 1851 took the Oregon trail, driving an ox team and walking the entire distance. He reached Portland in October of the same year ana lived there until 1852. Later Mr.' Walker went to the mines jj Jackson, county, remaining there - nihAn anjcasredi in rais ing- sheep in rouglas county. In 1876 he removed to Washington County and bought 160 acres near Gas ton. In 1884 he married Mrs. Eunice Brock, also an Oregon pioneer. who survives him. For several years "they conducted the hotel at Gaston, but for the past 18 years they made Forest Grove their home. PIONEER OF LANE DEAD Mrs. Mary Jane Walker Passes at Her Home, Aged 7 1 . ( EUGENE, Or., April 22. (Special.) Mrs. Mary Jane Walker, wife of j. F. Walker, after whom Walker Station, a few miles south of here, was named, died at her home there last night at 11 o'clock. She was one of the best known pioneers in the country. Mrs. Walker was born in Andrew County, Missouri. February 16. 1839. She crossed the plains in 1S52, locating in Lane County, where she married soon afterward. A few years later she and her husband moved to where Walker Station is now, and have re sided there since. She leaves the fol lowing children: Mary Ann Walden. of Chester, Mont; Robert E. Walker, of Walker Station; John William Walker, of Waldport; Mrs. Martha Wiseman, of Idaho, and George Walker, f at home. Besides Judge Chrisman, she MACHINE-GUN PLATOON OF WORLD tNttsWHb MEii A.U UUN NAKl.VU KECOKU ARB SHOW N HEKEH M il. leaves the following brothers: C. F., Peter G. and W. S. Chrisman. TWO PIONEER WOMEN PASS Mrs. Richter and Mrs. Harris Die at Dallas. DALLAS, Or.. April 22. (Special.) Dal las makes record of the death of two well known pioneer women during the week, the first being Mrs. Catherine Richter and the other Mrs. Faithful Amanda. Har ris, both having a .wide acquaintance in Polk and adjoining counties. Mrs. Catnerine Richter, mother of Dep uty Sheriff John Richter and Mrs. Dan Etauffer, of this place, died on April 17, after a brief illness, aged 72 years and .9 months. She was born in Carroll County, Indiana, and with her husband. Christian Richter, came to Oregon in 1871. After living in Polk County about eight years she moved to Yamhill County, returning to Polk County in 189", after the death of her husband. Burial was near Ballston. Mrs. Faithful Amanda Harris, another of the older residents of Dallas and an Oregon pioneer of 1SS0. passed away on the 18th. at the age of 87 years, 9 months and 18 days, death being due to old age. Mrs. Harris was born in Charlton, Mo., in 1S22. She crossed the plains with her husband, James Harris, in 1850, settling near the site of Dallas. About 25 years ago she came to Dallas. Her husband died in 1891, since which time she has made her home here with relatives. A few of the older ones have reason to recollect many of the neighborly hospi talities extended by one of the real pio neers who saw the hardships of Oregon's earliest lays. FRIENDS PAY LAST HONORS J. O'B. Scobey Is Laid to Rest in Olympla Cemetery. cial.) Scores of his former fellow citi zens assembled today to pay lasi min ors to J. O'B Scobey, of Portland, whose funeral took place here this aft ernoon. . Services were held at the Methodist Church, where the pastor. Rev. C. E. Todd, delivered a brief eulogy. At Masonic Cemetery interment was in accordance with the Masonic rites, of which order Mr. Scoby was a past master. Floral tributes were most numberous, noticeable among them be ing one from more than a dozen Dem ocratic leaders of this county, bearing a card "From Political Enemies to a Personal Friend." The pall-bearers were Judge Wallace A. Mount, F. W. Stocking. Hugh Ross. W. T. Cavanaugh, Frank C Owings and H. M. Pierce Death Claims Mrs. Mary J. Walker. COTTAGE1 GROVE. Or., April 22. (Special.) Mrs. Mary J. Walker, a pioneer of Lane County, died at her home at Walker last night. She had been ill for some time and her death was not unexpected. Mrs. Walker was born in Andrew County, Missouri. Feb ruary 16. 1839. and with her family crossed the plains by ox team in 1851, locating near the old family home where she died. She was married Feb ruary 1, 1855, to John F. Walker, who also crossed the plains In an early day, and who survives her. To them seven children were born, five of whom are now living, Mary M. Walden, Alberta, Canada; Martha Wiseman, Weiser, Idaho; J. W. Walker. Waldport. Or., and R. E. and G. O. Walker, who live on the old Walker homestead. Her brothers and sisters who are now alive are Chris F. Chrisman, of Walker; P. J. Chrisman, a retired stockman of Baker City; N. P. Chrisman, of Cottage Grove; W. Scott Chrisman, of Cottage Grove, and G. R. Chrisman, former County Judge of Lane County. ' Corvallis Club" Build. CORVALLIS, Or., AprU 22. (Spe cial.) The Commercial "Club of this city, decided at a meeting last night to buy ground and build itself a home. A committee consisting of Mayor Wat ters, Judge W. S. McFadden, A. J. Johnson, Dr. J. VU Harper and A. L. Stevenson, was appointed to look up a site and present plans for the bulld- Jjng. at the earliest possible date. GUN RECORD IS SET Troops at Vancouver Bar racks Mold Field Meet. COMMANDER PRAISES MEN Machine Gun Platoon Runs 100 Yards, .Unloads, Assembles Gun, and Fires, All Within S8 4-5 Seconds Other Events. VANCOUVER BARRACKS. Wash.. April 22. (Special.) The world's record for a machine gun platoon, running 100 yards, unloading, assembling gun, and firing shot was broken at the annual Spring field meet held here today, when the second section of the machine-gun platoon of the First Infantry made a new FIRST INFANTRY SETS NEW RECORD. V:.V?:-:&py-V( record of 38 4-5 seconds. The old record was 45 seconds. The field meet was participated in by every organization In the post and first honors were won by F. Corps of Engi neers, with 19 points. B. Battery, Sec ond Field Artillery came second with 15 points, and L and G. Companies, tied for third place with 13 point9 each. Colonel McGunnegle, commanding offi cer, said he had never seen a better meet in all of his years of service in the Army. The weather was ideal, warm enough- for fast work, but cool enough so that the men did not suffer from the heat and were full of life and vim. About 2000 people attended, the meet, which was held on the athletic field of the post. The First Infantry Band furnished music. The list of events, contestant winning, and record follows: Squad drill First, Battery B. Second Second Field Artillery; second. Company E; third. Company G. Shelter tent pitching First. 'Company G, Privates Younger and Iuvall, I minute 13 seconds; second. Company B, Privates Clark and Good; third. Company E, privates Queen and Douglas. ,' Machine gun platoon contest won by sec ond section of machine gun platoon of the First Infantry. Two sections contesting. Time, 38 4-6 seconds, world's record estab lished. Bayonet fencing Company K, Private Jackson. Single sticks Company I. Musician Zelle meyer. .Mountain battery race, 50 yards Battery A, Second Field Artillery, 38 4-5 seconds. Same time as made by machine gun platoon, 100 yards. Conical wall-tent pitching contest Klrat, Battery B ; second. Company H; third. Com pany G. 100-yard dash First, Company F, Engi neers' Corp". Dougherty. 10 1-5 seconds; sec ond, Company F, Private Murphy; third. Company A, Private Hlllard. 16-pound shot-put First, Company L, Ser geant Spear. 32.95 feet second. Company C, Corporal Harding: third. F Corps. Engineer. Private Pazdzerski. 220-yard dash First. Company F, Private Murphy. 23 seconds; second. F Corps, Engi neers, Private Daugherty; third. Company A, Private De Hart. 1'20-yard high hurdles First. F Corps, En gineers. Private Butler, 19 seconds; second. Company C, Private Hinds. 16-pound hammer-throw First, Company C, Private Hinds, S5.4 feet; second. Company A, Private Palmer; third. Company L Ser geant Spear. 220-yard low hurdles First, F CorpB, En gineers. Private Butler, 2.S seconds; second. Company K. Private McKlnney; third. Com pany L, Private Frost. Pole vault First, Company E. Stanley, 9.9 feet; second. Company E. Welch; third, com pany L, Jacobs. Running high Jump First. Company T ., Small. 5.1 feet; second. Company M, Helms; third. Company E. Blbson. Standing Jjroad Jump First. Company E. etanley, 9.9 feet; second, Company M. Smith third. Company A. Whitt. " Relay race, one-half mile First, F Corps, Engineers, 1 minute 8 seconds; second. Second Field Artillery. On account of having broken a record, the men are highly Jubilant, and eome form of celebration will be announced. Lieutenant Roy F. Waring, First In fantry, has had the second section of the machine-gun -platoon under tis train ing. WILLAMETTE'S TEAM LOSES Salem High School Wins First of Seven-Game Series. WILLAMETTE UNIVERSITY, Salem. Or., April 22. (Special. The first base ball game of the season between the 'varsity and Salem High School this afternoon resulted in victory for the High School by a score of 6 to 0. The University boys have had but a week's practice, and the. field was heavy. The High School made its score in the sixth and seventh innings and entirely on errors. Today's game was the first of a series of seven between the two institutions, a game to be played each Wednesday until the seven have been played. GIRLS JOIN TRAINING TABLE Co-Eds at O. A. C Who Play Bas ketball Eschew Sweets. OREGON AGRICULTURAL COLLEGE, Corvallis, April 22. (Special.) A training-table for the co-ed basketball players is being maintained at the girls' dor mitory. Four teams, representing each of the classes, have places at the table. No cakes or pies or candy or culinary goodies, so sweet to the feminine palate, are permitted at this board. The girls who have entered upon this strenuous course of training are preparing for the reeies of games which will de termine the inter-class championship. Ten town lots given away, page 5. See Portland's Largest Homefurnishers Our Window Shades Are Correctly Made and Hung. Best Material and Lowest Prices. Upholster ing and Repairing of Furniture Is Best Done Here and at Most Reasonable Cost Lasfc Pay asses fHodl Joraioirs A Sale toe Hodges FiTber Carpets The 80c Grade, Sewed, Laid and Lined for 6Qc Yard The 60c Grade, Sewed, Laid and Lined for 45c Yard An opportunity to floor coverings made at an important saving the dainty, durable and sanitary Hodges Fiber Mat ting in a wealth of artistic designs. Yovlt bedroom will assume a restfulness and airiness that is im possible with other floor coverings if you use Hodges Fiber. Try one room and be convinced. In the Carpet Department today- sixth floor. Ranges, Gas Ranges, Lawn Mowers and Sewing Machines on the Terms $1 Down, $1 a Week 31 xeiltiUUi tWLCW. Just a few and yet interesting bargains that should be an incentive to econom ical buyers to visit these sections fctday. Phone, mail or C. O. D. orders will not be filled. "V. SPECIAL o Three-panel Screen Frames of oak, in weathered finish regu lar $1.50 values. SPECIAL AT 65'YARD Plain rep, in colors brown, green and red, suitable . for hangings, etc.; 50 inches wide; regularly 90c yard. SPECIAL AT 7$ YARD Lace Edgings and Insertions, for Lace Curtains and Panels, that sell regularly at 12 to 15c yard. In white, cream and ecru. SPECIAL AT 17i YARD Figured Curtain Scrim, in red, blue, green and other colors. Regular 25c yard to 35c yard values. SPECIAL AT $1.75 PAIR Feather Pillows, covered in fancy striped ticking. Size 20 inches by 26 inches, and regular $3.25 pair values. SPECIAL AT $1.65 PAIR Full size Comforters, in silkoline coverings of light and dark colors. Filled with white cotton. Regular $2.50 values. LAW NOT VIOLATED Reply to Letter Not Contract to Buy Whisky. THIRSTY ONES REJOICE Washington Attorney-General, In Opinion, Holds That Sale Is Completed at Point Outside of Dry Territory. . OLiYMPIA, Wash., April 22. (Special.) Glad tidings for the thirsty ones lu the arid belt are contained in the following official opinion given today to the Whit man County prosecuting attorney by Attorney-General Bell: "Replying to yours of the 30th ultimo, concerning the delivery of intoxicating liquors into a dry unit, will say that, In my opinion, the letter you quote, which reads as follows: "Dear 81r: We take great pleasure In advising you that upon receipt of a 'Postoltlce money " order we will ship you four bottles of pure rye, bottled in bond, guaranteed five years old. and prepay the express to youc city, for $5 per case, plain case and shipping tags, or we will do this: " Shlp you three bottles of rye and one bottle of port or sherry for J4-60. " 'Should need any gin, rum or brandy, advise us, and we will gladly quote you price on those goods delivered,' Is simply a manner of soliciting trade, and when a person In a dry unit desires liquors he makes out his order, incloses the amount, and addresses it to a point outside of the dry unit, and this order accepted and the goods shipped from said point consti tutes, in my opinion, a contract which is consummated outside and not within the dry unit. "In other words, the reply to the cir cular letter Is not the contract, but the receipt of the order, and the shipping of of the goods outside of the dry unit con stitutes, in my , Judgment, the contract: and the sale is not a sale of intoxicating liquor within the dry unit; and under Toll & : QiTbTbs, Hoc. MORRISON AT SEVENTH Unpsoal Opportooity io secure 'the best Summer -Drapery and I Bedding the law, as I construe it, a person has a right to deliver liquors under certain con. ditlons within the dry unit, where the sale is made outside of the limits thereof. "It is therefore my opinion that the facts stated In your letter do not con stitute a violation of the local option law." BURGLAR HAS MUCH LOOT Koseburg Police Believe They Have Made Important Capture. ROSilBURG. Or., April 22. (Special.) In the capture of Frank Murphy, alias George Chambers, following the robbery of the A. C. Kldd grocery store Wednes day evening, local officers believe they have in custody one of the most noted crooks operating on the Pacific Coast. When searched at the County Jail fol lowing his arrest, considerable Jewelry was found, among it being several em blems of the Maeonlc lodge. On ohe of the emblems? is engraved the name of S. W. Simmons, Sacramento, Cal., and a telegram has been sent him to ascertain how he came to lose possession of the Jewel. The prisoner was photographed today and picture will be sent to various de tective headquarters on the Coast, in an effort to learn his past record. CARRIER BOY DISAPPEARS Leonard Scrlber, 1 7 Years Old, Is Missing- From Salem. 5 " SALEM, Or., April 22. (Special.) Con siderable alarm is felt for the safety of Leonard Scrlber, a carrier boy, employed by the local circulation agency of The Oregonlan, who disappeared Wednesday morning and has not since been seen. He started out as usual to deliver his papers, but delivered only a few. Later It was found that he had disappeared and that his bicycle 1 was also missing. No trace of boy or ; wheel has since been seen. Scrlber is an orphan, 17 years old, and had been employed as a carrier about a year. Mule Beater Convicted. EUGENE, Or.. April 22. (Special.) The first conviction secured since the organization of a humane society here, about a month ago was the result of the arrest yesterday afternoon of Frank Truman, a horse trader, charged with cruelty to animals. He pleaded g-uilty thSe - piece Tsdloredl Soits Women's and Misses $25.00, $30.00, n $35.00, $37.50, $40.00 Suits .... W Juniors' $17.50 to $25 Tailored Suits A sale that during its first da has met the Spring and Summer Suit needs of many- an event that today promises to delight as many, if not more, than made their selections yesterday. Mighty interesting values every one of them prac tical two-piece and three-piece models in the most serv iceable fabrics and in splendid assortment French serges, worsteds, real English Bedford cords, fancy; serges,' mannish worsteds, and panamas. 'And included in this group are those practical shoe top Tailored Suits for Juniors, for school or year around wear. Enough styles to make choosing interesting no questio'n but what the material, as well as the shade you favor, are among them. IBasemeot Hargaiims Going through this list may reveal some article needed during house-cleaning time or during the Summer months. Today in the Big Basement Store. Xl for Wire Carpet Beaters, worth 15c each. 13 for Mop Sticks, worth 20c each. 36 for "Window Screens, measuring 18x33 inches, worth 45c each. 43 for "Window Screens, measuring 24x37 inches, worth 50c each. 48 for Window Screens, measuring 28x41 inches, worth 60c each. 47i for "Special Wing" Feather Dusters, worth 60c each. 67 for 14-inch "Leader" Parlor Feather Dusters, worth 75c each. 69 for Rattan Beaters for upholstered furni ture, worth $1.00 each. $1.12 for 16-inch "Dainty"' Floor Brushes, worth $1.50 each. ii Sixth or A genuine Bissell Carpet Sweeper to help in the Spring house-cleaning campaign. Lessen your labor and save your floor coverings by securing one of these home helps. Sixth floor. Phone, mail or C. O. D. orders will not be filled. Supply your needs in Lawn and Garden Tools, Carpenters' Tools, Housecleaning Helps, Etc., from the stock of the Base ment Store. In the Justice Court this morning and was given a fine of $20 anij sentenced to serve 10 days in the county Jail. Truman beat a mule over the head with a club. New Corporations Formed, SALEM, Or, April 22. (Special.) Ar ticles of incorporation have been filed In the office of the Secretary of State as follows: The Dixie Meadoys Mining Company; principal office, Sumpter; capital stock, $1,000,000; Incorporators, F. W. Scofleld, Louis A. Greenley and Woodson L. Pat terson. Elk Lake Mining and Milling Com pany; principal office, Detroit; capital stock, $250,000; incorporators, Wm. T. Muir, A. F. Flegel and AVm. L. Brews ter. The Hurley-Wake field Adjustable Hinge Company; principal office, Portland; cap ital stock, $25,000; Incorporators, J. W. Hurley, S. D. Adair and F. H. Vyakefleld. To remove skin eruptions, apply a llttl Santlseptfc Lotion and they will quickly TIZ-For Tender Feet A new. scientific medical tablet which DRAWS OCT ALT IVFTAMMATION AND 80RENES8. This remarkable toot bath remedy is Superior to Powder, Planter nr Salve and 1 jruaranteed to cure Corns, Callouses, Hun Ions, Frostbites, Chilblains, Ilngrowlng Nails. Tired. Achine, Swollen, Nervous. Sweaty, Bad-Smelling Feet. Smaller Shoes Cn Be Worn by using; TTZ, because it puts and keeps the feetln per feet condition. TIZ Is for sale at all druggists. 25 cents per box or direct if you wish from Walter Luther Dodge &. Co.. Dodge Bldg., Chicago, 111. Recommended and sold by The Owl Drug Store 7th AND WA8HUCGTOJ. PORTLAND, OR. The Home Furnished on Easy Payments Womerfs For Carpet Sweepers Worth $2.'7 5 Each THOUSANDS WHO WERE Till li l Obtained Superb Figures By this Free Treatment ' Every woman wants to be attractive.' 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If you are thin, you are not fair to yourelf if yon don't take advantage of this generous offer. Sa write today for your Free Treatment. "Treatment No. 1" is a general system ties hi builder for both men and women. Treatment No. 8" is for giving development to the bust. Please say which treatment you prefer. Only one can be had. ie sure to write today. NOW. This offer may be withdrawn any time. Address Th C. L. Jone Company, 26I, Friend Building. K 1 ml ra, N. V., and a generous free trial will be sent you in a plain package, by ra turn mail. h - V! v l i