Morning Oregonian. (Portland, Or.) 1861-1937, December 02, 1910, Page 9, Image 9

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TIIE 3IORXIG OREGOXIAX FRIDAY, DECEMBER 2, 1910.
See the Regular Friday Surprise Sale Announcement on Last Page Do Your Christmas Shopping Early and Have the Best Selection f"
Every Visitor to Our
Store Today, Friday,
Will Be Presented With a
Free Ticket to the Apple
Show Majestic Building
Seal Your Christmas
Packages, Etc., With Red
Cross Stamps Can Be
Purchased in a Booth
On Our First Floor
e Fiiener
tor That
r n
Fraiwk
TheS
Largest amid Best Toy Department West of. Chicago
Santa Claus Is in Our
Store Every Day From
10 to 12 and From 2
to 4, Toy Department
Fifth Floor Bring in
the Children to See Him
I Occupying the Entire
5th Fl'r Select Toys
Here, We'll Lay Them
Aside, Delivered When
You Wish D emon
stration 'Mystp Magic'
Thirteen Great 1 087th Friday Surprise Bargains From Toylcmd--Seize This
OppcrtuiMty
DOLL GOCART, 22 inches long, 28
inches high, rubber tire -wheels, regular
$3.50 value, special for this 0O Aq
sale at the low-price of, each.V'"
DOLL GO CARTS, reed body with re
clining back, collapsible, plain wheels,
$2.00 values, but for this sale QQ
are . specially priced at each.C
EED CHAIRS, MISSION STYLE,
with 9x9-inch seat, 20 inches high, reg
ular 25c values, specially priced 1Q
for this sale at the low price of
TRIMMED WIRE DOLL BEDS, 28
inches long, 14 inches wide, regular
$1.23 values, go on special sale QO
today at the very low price of vOC
CHILD'S ARM CHAIR, seat 10x10
inches, 20 inches high, regular 50-cent
values and specially priced for OO
today 's selling .at only, each JC
TRIMMED WIRE DOLL BEDS, 24
inches long and 12 inches wide, regular
$1.00 values, but for today are 7Q
marked at the special price. 7C
Boys' Tool
Chests
Size 6y2x8y2n inches
Contain 35 tools, $2.00 values,
$1.49 Each
TRIMMED WIRE DOLL BEDS, 18
inches long and 10 inches wide,, regular
75c values, but for today are ACkf
marked at the . special price."''
BLACKBOARD AND DESK COM
BINED, easel style, board' 12x18 inch
es, 44 inches :high, $i.-50 value, QiQ
this, sale at the 'low; price; of yM-
TRIMMED WIRE DOLL BEDS, 16
inches long by 8 inches wide, regular
50c value, but for today are OQ
marked at the special price V
INDIANA OLD HICKORY DOLL
FURNITURE, four-piece sets, regular
$1.50 " values, specially priced".'
tor this sale at the low price of
DOLL CHAIR, with 6-inch seat, regu-.
lar 25c value;. these go on special sale
for today only at the exceed-1 Q
ingly low bargain price of, ea. 1
jHANDY ANDY SAND TOY, an auto
matic toy that gives endless amuse-,
ment, $1.50 value, but specially ;Q O?
priced . for this . sale at only 7QC
AH Our One Dollar Games on Sale for Today at the Low Price of 7,9c Great Christmas Bargains
ANCHORED
JURIES
DONE AWAY WITH
Thomas 0'Day Explains Judic
iary Amendment to
Constitution.
LAW'S DELAYS ARE AVOIDED
Oae of Sponsors for Initiative Mm
r hmja It Irovtdr for Result
la Mutation Which l"orm
rrljr Wu ' Endless.
Tb lnlLUUr anwmiment to tl con
stitution providing a cMnft to tho rres
nt Jcdlctary syvtem cl a verdict by
thrw fourths of a Jury, that baa caused
so much discussion In ths Icg-al profes
sion sod comnvat by laymen, to consid
r4 by Thomas O Day. who assisted la
frasUcg th amendment, aa Dolhlnc mora
tftao bavtns; trial by jury where th ver
dict of th jury s:antls If based on evi
dasca lrrnti.-iln at th attltud of a
Juil- and Ma ruling- on technic title.
Elvlos tba Supreme Court authority to
Inquire. Iota th ntcta on which tho ver-3U-t
Is rendered on appval and dolnrt
away with the. "nuns Jury." This lat Is
a fraauaat circumatanca in procedure that
haa prolonged litigation and a system by 1
which cm juror might control tiia vota
jf U others by preventing a Terdlct.
Jud;a O'Day beiteres tha amendment
will put an and to miration by making
tha Supreme Court a tribunal of final
jurisdiction and doea away with tha sy
taea of referrtna case bark to tha trial
court lor retrial became of technical er
ror. O'Par Kxplaln Jlcasnro.
Ju ODay rave th following explana
tion of tha anjentlmer.t:
"In reply to a request for my opinion
a tha effect of the law chanslns; tha
verdicts of Juries:
"It la apparent that tha whole Judi
cial structure as heretofore existing la
this state haa been chanced. In tha
first plac th Judicial power of th
stat la vested lu on Supreme Court
and euch other courts aa may from time
to time he created by law. This does
away with the Circuit Court and tha
County Conrta as constitutional courts
and Biodela th Judicial system of this
stata upon practically t! aama baa I a
as the Federal courts, for under tha
Vaderal Constitution It Is provided that
th Judicial power shall be vested la
one tfuprein Court and euch other In
fertor courts a Congress may from
time to time ordain.
"Section 3 has modified tha mode of
trial by Jury and now follows tha
Federal Constltutloa except aa to tha
last qualifying words. When this
amendment was first submitted to me it
was materially different from what It
Is In It present form, and I auaseted
that portion of th amendment as It
Bow appease which reads:
Right Are Prcacrvrd.
""In actions at law where th valu
In controversy shall exceed SSO. tha
rta-ht of trial by Jury shall ba preserved
and bo fact tried by a Jury shall b
otherwise re-examlbed In any court of
this state unless tha court caa affirm
atlvely say that there la no vldanca to
auprort tha verdict.
"Tha Inteottoa was and la by this
amalznnt to mas a tha verdict of a 1
Jury effectlT- For 75 yeara after Via
Constitution of th United States was
adopted th courts generally held that
a verdict of th Jury should not b dis
turbed provided there eras any compe
tent evidence to support th verdict-
The theory being that when 12 men
art selected from a community In
which the facts arise to try an issua
of fact, that th result obtained by
their verdict shows tha general senti
ment of the community aa to what tha
facts really are and tha II men se
lected from the body of th community
are more competent to pasa upon and
determine rightly a question of fact
than any one member of tha corarau
nlty. vn though that person ba a
Judas.
"Again, controversies ought to end
soma time and the publlo ought to
know by what tribunal these contro
versies are to be determined. If tn
Question of fact tn an action of law
la submitted to tba Jury, tha verdict of
th Jury ought to settle It for all time.
Bar K ceo ru mentis Move.
"The National Bar Association has
had this question up and haa very
strongly recommended that a question
of fact in an action ot law should ba
submitted to tha Jury and that tha
determination of that qeustlon should
control In all subsequent proceedings.
That a question of law should ba re
served for further consideration and
argument, but that whatever result Is
reached as to th law. It should not
Interfere with tha findings of fact.
It had become tha rule In thla atata
that In trying a question of fact, you
first bad to convince th Judge and.
second, try It to a Jury.
Aa I said. I framed this particular
part of this section and tha Intention
la thereby to put a question of fact up
to a Jury as tha trier of that question
In making It tha duty of the Judge to
se that proper, evidence la admitted
and improper evidence la excluded and
that the Jury la properly directed as to
tha Issue of law and when that is done
ha baa dona all that tha law required
him to do and tha responsibility for a
result aa to tha facts Is to ba left en
tirely to the Jury.
Technical Errors lilt At.
"Now this law further provides that
on appeal tha entire record shall go
up and no case should be reversed up
on merely technical errors. In other
words, that If substantial Justice haa
been done, a case ahould not bo re
versed and tha parties put to tha ex
penss of a new trial. Also If there has
been some error la entering th Judg
ment and tha court can determine from
tha record what Judgment should have
been entered, then a Judgment ahall
be entered In accordance therewith and
save further time and expense.
"There la another object to ba ob
tained and that Is when IX men are
chosen to try aa Issua of fact. If none
of them can concur In a verdict, that
ahould b sufficient- This prevents
what la sometimes called anchors on
Juries. Th law of tha Stat of Wash
ington for soma Urn baa allowed ten
Jurors to find a verdict and It haa
proved very satisfactory- W have all
heard much about th obstinate Juror.
This provision does not eliminate the
obstinate Juror ha is still a Juror, but
be cannot prevent a verdict. He Is
not allowed to make his obstinacy ef
fective ao as to prevent a result.
"So upon tha whole, there are cer
tain results to be obtained. First, that
the Judicial system shall be one entirety
and that a Judge provided by law In thla
provision will be a Judge ot any parf-of
tha court to which be la assigned by
tn " fi. In other words, a. Circuit
Judge may be assigned to do any Ju
dicial duty that cornea, under tha Ju
dicial system If the law ao provides,
unless possibly a Circuit Judge would
not be competent to sit upon th Su
premo bench, though t do not Intend to
say that that would be the proper In
terpretation. He certainly can be as
signed to do any Judicial duty that
cornea within the range of the Judicial
proceedings unless It be that of Su
premo Judg.
"Second, th object was to make tha
verdict of a Jury effective. Thla Idea
that User are two or tares tribunals
to try question of fact and one can re
verse the other and vice versa makes
litigation everlasting. It Is a process
by which the expenses eat up both th
lawyera and clients. Now It is ap
parent that litigation ought to end at
some time. The world ought to have
an opportunity to move on and In or
der that It may move on these contro
versies ousrht to end. Especially a
question of fact ought to be determined
and settled by a Jury and If thla be
accomplished much delay and expense
ia prevented.
"In tha third place, by allowing nine
Jurora to render a verdict, you elim
inate tha Incentive of designing liti
gants to obtain an anchor on the Jury.
You also may obtain a result even
though some obstinate person would
very much like to prevent a result-
There are people so contrary that it Is
only necessary to know what others
think In order for them to disagree
with them.
Experience) Is Frequent.
"Experience has shown that indi
viduals of this character quite fre
quently get on th Jury. That Is the
reason why Juries are often out all
night and for several daya because
one man prevents a verdict- This la
eliminated. It seema to me on the whole
this measure Is one that la along pro
gressive and Intelligent lines. Many
of the things In this amendment have
been practically advocated by the Na
tional Bar Association and Congress
has been urged to pass laws remedying
trials
"There is another provision here that
says that the entire record will ba
taken up and that tha court may ren
der auch verdict as It thinks proper,
but I think this must be construed
with reference to tha Jury provision,
to-wlt: That It does not permit the
court to set aside a verdict If there
la any testimony to support It, be
cause If It should be so construed It
would render the Jury provision herein
entirely nugatory.
Individually I only claim credit, or
discredit, whichever It may be. for the
Jury provision, and I certainly think
on the whole the amendment will
prove a benefit not only to the public
but to litigants and lawyera likewise.
RICH ORE IS UNCOVERED
nijh Assays Made of Specimens
From Sliver City, Idaho.
BOISE. Idaho. Dec. X. (Special.)
Authentic Information relative to an
Important strike In the Sliver City min
ing district was received In Boise to
day, a vein of ore from six Inches to
two and one-half feet wide being un
covered for a distance of 300 feet In the
Banner mine at Silver City. The assaya
of gold and ailver run from 1600 to
$1200 to the ton.
Samples show free gold of the placer
typo. Th company Is driving a
mill-level tunnel to cut the ore shoot
at a point 400, feet deeper. Thla tunnel
has about ITS feet to go to reach the
shoot. An upraise of 330 feet will be
made to connect with the uper works.
It Is said the discovery Is one ot the
richest that haa ever been made In the
Florida Mountain region. It is the
theory of those acquainted with thia
section that the free, coarse gold that
was taken out of th Coffee Gulch 40
yeara ago and from which the fortunea
of many- men in Idaho ware made, had
ita source tn the vein uncovered in the
Banner mine.
Chlia Kept FTora Slayer.
William Hasslng. In the County Jail
awaiting trial lor having shot his
wife. Edith Hassing. asked Probation
Officer Teuscher. of the Juvenile
Court, yeeterday. to see bla child, who
la in the custody of Hasslng's brother-in-law.
Mr. Teuscber Tefused to make
an effort to have th child taken to
tba Jail to visit Hasslng.
Welsh Anthracite heats, but no soot:
orex too use it- Fhon E. 301. C 2303.
LOT NETS '5100.000
Realty Associates Buy Corner
at Grand and Stark.
W. L MORGAN IS SELLER
Purchase Makes Total Investment In
Business Property of $695,000.
Company Pays Anjinal Divi
dends on Its Holdings.
By the purchase of .90x100 feet at the
southwest corner of Grand avenue and
East Stark street for $100,000, the
Realty Associates of Portland have a
total of $695,000 Invested In Inside busi
ness property In this city. The prop
erty secured yesterday was purchased
from W. I Morgan, who has owned
the lot for several years.
Tha lot Is Improved with a four-story
brick building. The first floor Is oc
cupied by store and the three upper
floors are apartments. The property
brings In a revenue sufficiently large.
It Is said, to pay an attractive rata of
Interest on the valuation.
The organization owns other pieces of
Income property as follows: Columbia
building. West Park and Washington
streets, six stories high; Heaiy bulla
lng. Grand avenue and East Morrison
street, four stories high: Packard
Garage, Twenty-third street near
Washington street. The total invest
ment represented In these three build
lng-s Is $596,000.
The Realty Associates were organized
In Portland four years ago for the pur
pose of buying and operating Income
bearing properties. Bondholders of the
organization are scattered In all parts
of the United States. The annual divi
dend was declared yesterday for the
bondholders. Those represented in Se
ries No. 1 received a 6 per cent divi
dend and those holding bonds In Ser'es
No. 2 received a profit-sharing of t
per cent.
Officers and directors of the organi
zation are: R. D. Inman, president
Thomas D. Honeyman. treasurer; A. C.
Emmons, secretary; George Lawrence,
M. C. Ban field and A. M. Smith, vice
presidents; George E. Chamberlain, R.
L. Sab In. C. F. Swlgert and H. A. Bar
gent, directors.
Three Win $105,000 Snit.
Judge Morrow yesterday decided in
favor of the plaintiffs in -the suit of
J. J. Welch. A. A. Welch and W. F.
Slaughter against W. O. Hollls, for
the recovery of $105,000. It is alleged
that on March 11 the plaintiffs agreed
with Hollls to sell him 1630 acres of
timber land In Skamania County. Wash.
He paid $5000 down, but It lslleged
has failed to pay the balance. In his
answer, Hollls says he paid the money
down, and entered Into the agreement,
but declares the plaintiffs have been
unable to give him a clear title to
the premises, there being a mortgage
of several thousand dollars against It.
Edlefsen's success Is due to his re
alizing that a satisfied customer means
a larKer business. "
SEATTLE SEEKS BOSTON
WARSHIP TO BE SOLD WANTED
... AS HARBOR ARMORY..
Governor Hay Indorses Request to
Navy Department for Trans
fer of Vessel.
OLXMPIA. Wash., Deo. 1. (Special.)
Upon learning that the United States
Navy Department Is to sell the U. S. S.
Boston on December 7, Governor Hay
today wired the Secretary of the Navy
asking him to transfer the vessel to
the Washington State Naval Militia to
be used as a permanent armory In
Seattle' harbor. The Seattle Armory
ia already badly overcrowded, as the
various companies drill there every
night in the week, and the ship could
be used to good advantage by the
young men. - -
The Navy Department has shown
great interest in the Washington
Naval Militia and, in addition to as
signing the -Cheyenne to be used as
training-ship, has furnished about
$15,000 worth of equipment. When
Rear-Admiral Cottman informed Com
mander Miller Freeman that the Bos
ton was to be sold the latter at once
wired the Navy Department asking for
the ship and the Governor endorsed
the request. The old cruiser. If as
signed, will be anchored In the harbor
and will not be used for cruising.
The Governors message follows:
"Miller Freeman, Commander Naval
Militia, Washington, requests that the
U. S. S. Boston, which is ordered sold
on the seventh, be transferred to the
Washington State Naval Militia to be
used as a permanent armory in Seattle
harbor. Our National Guard simony
at Seattle is badly crowded, - every
night being taken by different com
panies. I endorse Commander Free
man's request."
$4329 Commission Sought.
A. J. Quackenbush Is suing C.
Hammer and H. G. Luker in the Circuit
Court for the recovery of $4329 com
mission, which he alleges Is due him
for selling the defendant's $43,290
worth of stock in the Campbell Auto
matic Gas Burner Company. The com
pany, however, is not made a party
to the suit.
Don't Persecute
your Bowels
CARTER'S LITTLE
LIVER PILLS
amor ca the Itvcr,
tsnwii-tiT by, and
ooUm tse debamle
nmbnaeav
Car Cr
THE PURE FOOD LAW A MAGNIFICENT VICTORY
Never was such a law more needed than in this country, nor more welcome than to us, who have suffered
enormously from the fraudulent imitation of popular labels. This law, some years ago, would have saved us
hundreds of thousands of dollars. Yet, to our amazement, a law designed to protect honest manufacturers
10 less than the public, was immediately made the pretext for an attack upon our world-wide and previously
jnimpeached reputation. After a costly contest, lasting four years, we have "gained a signal and complete
victory : in doing which, we have also shown that the law is the just measure it was intended to be.
We have not, as the public has been led to believe, obstructed the pure food law nor opposed the views
of the government. We have simply resisted a mere Bureau's usurpation of authority, and its novel apd
preposterous theories, submission to which would have driven us out of the American market.
The story is almost incredible, and difficult to tell briefly ; yet, in just.Je to ourselves, and to the patrons
who have remained so splendidly loyal to us, we must outline the facts.
For generations, the one universally recognized impurity of Whisky has been fusel oil, which we have
always removed by distillation. The Bureau referred to, as late as 1904, insisted that to be "good for con-
sumption" Whisky must have practically no fusel oil.
Kentucky "Straight Whisky," when new, is rank with fusel oil, but the makers always assured consum
ers that this noxious impurity was transformed by age into delightful ethers, etc. A few years ago it was
found that age makes no change in the fcsel oil except to remove its vile odor. The Kentucky distillers,
knowing well the aversion to fusel oil, were in desperate straits ; so they boldly declared that real Whisky
new or old, must contain all the fusel oil, and denounced all refined whisky as a base imitation. And
the Bureau backed them up. :
This is no pleasantry, but sober fact Canadian Club Whisky was condemned, solely because it con
tains practically no fusel oil. " '
Some months ago, President Taft, after a searching investigation by the Solicitor-rGeneral, overruled the
Bureau completely. Now the Attorney-General has decided that the pure food law does not require our
label to be changed by a single letter.
At the World's Columbian'Exposition in 1893, Dr. H. W. Wiley, then, as now, Chief of the Bureau
referred to, reported Canadian Q-UB.to be "pure and fully up to the examination required," and, by authority
of Congress, it received an award for "Fine aroma, very pleasant taste, thorough maturity, purity and. ab
sence of alien matter," which expresses every excellence any whisky can possess. Canadian Club is the
same now as then.
. - If any consumers really want fusel oil in their whisky, they should use Kentucky ."Straight Whisky :"
Canadian Club will not suit them. All who desire that the pure food law shall be rationally administered,
and not as the weapon of any one man, should send for our History of this remarkable case. Please name
this paper. .
HlRAM WALKER & SONS, Umlled, Welkervllle, Ontario, Canada.
GOLD DUST cuts house-.
work in half. It does all the
hard part of the work with-,
out your assistance. M
UULU D U ST. cleans,
everythinp; cleanable in the
home clothes, dishes, pots, '
pans, floors, doors, wood-;:
work, refrigerators, bath
rooms, sinks, pipes, etc. It
will do better work it will
do more kinds of work than '
soap, or any otner cleaner.
If you are trying to run
your home without GOLD
DUST, you are not doing
your work in the shortest. :
easiest and most economical
way.
Do not nf g fletp.
Niphtha, Bonx, Soda,
Ammonia or Kerotna
with Cold Dual- Go d
Vutt hai all desirable
cleaming qaalitie
perfectly hsmxl
mnd laatiay form.
y0mWf vofA "
Ut (ft COLD DUST TWINS do
Sick EwmitAi mi Wrti. m nSTmi kmnr.
Small PilL Small Dose, Small Prior
f Genuine m bar Signature
Housework is hard
work without
Gold Dust
.7
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