' TTTTC MORyiyfi OTtEGOXTAX. WKDyESDAY. DECEMBER 24. 1913. 5 : : n 8-HOUR LAW HITS STATE: COST HEAVY 9 Deficiencies Totaling ThoU' sands of Dollars Necessary t by Court Decision. TEST CASE FORCES ISSUE Governor West Will Xot Call Extra Session of Legislature Three Shifts Xecessary Among In stitution Employes. SALEM. Or Dec 23. (Special.) Deficiencies aggregating thousands of dollars must be created for the main tenance of the state Institutions, as a result of a decision of the Supreme Court today in the case of the State against Superintendent Steiner. of the Insane Asylum, in which it was held that all employes of state institutions must observe the eight-hour law. Immediately after the decision was announced. Governor West said he would not call an extra session of the Legislature to raise the necessary money, and that it would be the duty of the emergency board to provide it. Justice McNary wrote the opinion, which was concurred in by all the justices but Justice Burnett. Because of his violation of the law. Dr. Steiner Is subject to a fine of not leas than 0. or more than $100. The case, however, was a test one, and it is not likely that the penalty feature will be pressed. ' State Treasurer Kay said the deci sion would necessitate the employment of three shifts of men at the institu tions, fnd still another on Sundays, but neither he nor other members of the board of control would estimate 5ust what the additional expense to the taxpayers would be. Snndar Shift Pussies. "It will be easy enough to operate the three shifts dally." continued Mr. Kay, "but the operation of the Sun day shift puzzles. There is no ques tion as to the necessity for creating deficiencies, but what they will be cannot be estimated now." "I do not intend to call a special icsslon of the Legislature," declared the Governor, "for the emergency board was created for just such exi gencies as this cne. It is a case of adjusting ourselves to conditions. The board, can care for the deficiencies. No. I do nt know when a meeting will be called." While admitting that it would be necessary to create deficiencies. Secre tary of State Olcott declined to be quoted further. Labor Commissioner Hoff several weeks ago asked the Board of Control to see that employes of state Institu tions worked only eight hours daily. "While believing that they did not come within the law. the board urged Mr. Hoff to take action to obtain a test suit. He accordingly had Dr. Steiner arrested on a charge of working W. L Davis, a farmhand at the asylum, for more than eight hours a day and for working Mortdn Morteseon, an en gineer, longer hours than provided in the law. Work I'ned la II road Seaae. A writ of habeas corpus was sueY out by Dr. Steiner. his lawyers declar ing that the labor law was unconstitu tional and did not apply to any stale employes but those working for con tractors employed by the state. The court decided against them on both propositions. Holding that the law uses the word "labor" In Its broadest sense, the opin ion says: "Had the Legislature Intended to use the word "labor" in a restricted sense or with reference to a special class of endeavor, a qualifying phrase or word would have been used in connection with the term. The language of the statute Is comprehensive and includes all persons who perform labor for the tiiate or Its auxiliaries, whether that labor is skilled or unskilled, so long as the character of the work comes with in the term labor.' " Dlaaesjtlaa; Oplaioa Given. Justice Burnett in his dissenting opinion says the direct question under determination is whether the statute Imposes upon the superintendent of the asylum a duty, the violation of which constitutes a crime. "Referring to the language of section 4 of the act," said Justice Burnett, "we find that no person shall be re quired or permitted to work more than eight hours in any one day." It would appear from this language that a per son who labored more than eight hours without permission would, thereby, violate the law. No one beside the employe is named in the Inhibition of the section and for the purpose of criminal prosecution we cannot in clude persons not named therein. In other words, no direct limitation is placed upon any one having authority over labor, the violation of which lim itation would constitute a crime. What constitutes a violation of section 6 is not defined. No act constituting a crime Is described in the statute with the certainty required by the rule es tablished in State vs. Mann. It is left to inference and speculation. No citi zen ought to be Judged guilty of a crime or deprived of his liberty on mere implication or strained construc tion. As a criminal statute, the en actment Is void for uncertainty." Other Supreme Court opinions were as follows: F. B. Rwdfr et si. appellants, vs. Marr Ttced.r: appealed from Multnomah; peti tion tor rehrarlnif denied. AMyn Yocom et si. appellants, vs. City of Sheridan; appealed from Tarahill: suit to enjoin sale of real property: reversed. T. K. Johnson et si. vs. Seaborn Pack-, Irr Company, appellant. appealed from Catsup; Involving" title to land: affirmed. H. A. Larson Spande vs. Western Life Indemnity Company, appellant; appealed from Clatsop; suit on insurance policy; af-llrn-.ed. V;eiu-Io Oborstock vs. T'nited Railways Company, appellant: appealed from Mult nomah; suit to recover for personal In Jar!r; affirmed. t;.-rtr T. Fields vs. Western I'nion Tele rmph Company, appellant: appealed from M-J.rr.omah: suit for damafe: affirmed. W. H. MoFarland is. Carlsbad Hot Fprlncs Sanitarium Company, appelant: ap pealed from Multnomah; action for damuges for fraud; reversed. Farnard A Bunker vs. H. Homer, ap pel.ani: apps!ed from Multnomah; action lor mone ; reversed. W. Thomson vs. Eva I- Swank, et al. appellants; appealed from Multnomah: action to set ss:de a conveyance; affirmed. Norman Seaman, appe'lant vs. city of Portland; appealed from Multnomah: suit to quiet tlti. la land: affirmed. DECISION PltOVES Sl'KI'HISE Members of Legislature Say Measure Xot Meant to Apply to Slate. The measure commonly known as the eight-hour law was propsed by initia tive petition at the general election In 1912 and was adopted by a popular vote of 1.5oS to 4S.07a. It was subsequent ly d-.scovered that the framers of the law had omitted the enacting clause, which the constitution of Oregon pre scribes and. for this reason, it was held that the measure was null and void. Friends of the labor org-anlza- J tlons then redrafted the bill and pre sented it to the Legislature and al though it met with some opposition in that body, a majority of the members took the ground that inasmuch as It was the expressed intention of the peo ple to write the law upon tne statu" books of the state, the Legislature, rep resentative of the people, could do nothing but re-enact the measure. The bill, accordingly, passed by both houses, was approved by the Governor and be came a law. Many of the legislators who supported the measure contend that it was meant to apply only to con tract work for Improvements at the state institutions and that it was not intended to govern the officer and em ployes, such as guards, attendants, en gineers and janitors. The decision of the Supreme Court is, therefore, surprising to those mem bers of the House and Senate, as well as to many other who share their views. It is predicted that the cost of pro viding additional shifts of employes for the various state institutions will soon deplete the maintenance funds and that the Emer-ncy Board will be called upon to appropriate in the neigh borhood of J100.000 for the purpose of defraying this extra expense before the next session of the Legislature. TYPHOID KILLS TENTH 0E OF BEST-KNOYVX TOlJfG WOM. EX IX CEXTRALU EXPIRES. Editor Wko Says He Has Discovered Itemed y Denied Rlsht to Try It " Patient at Armory HospttaL CENTRALIA. Wash., Dec 23. Miss Daisy Miller, one of Centralla's best known young women, died from ty phoid fever last night. Her death was the tenth during the "epidemic Miss Miller was a sister of Frank H. Miller, a prominent real estate man and a for mer Mayor of Centralia. Less than a half dozen new cases were reported this morning and the situation has a decidedly brighter as . u-hn th.m am manv Datients in a critical condition, every possible care is Doing taicen ot inem, siw not believed that many more will die. . -. ....-... .1 . waa made between City Health Officer Kniskern, County Commissioner Teachnor and Frank Lotz whereby the latter, who is a vaaer puD lisher and who recently claimed to have discovered a remedy for typhoid, would be permitted today to try his remedy on one of the patients at the armory. If he had succeeded in bring ing the patient's fever down to 99 de grees he was to be given other patients to work on. When the arrangement was made known to the militia doctors in charge at the armory they refused to allow Lots to enter the place. At the noon luncheon or the Commer cial Club yesterday Dr. Eugene Kelly, State Health Officer, said that a total . V. il KoAti rnnnrfAfl un to noon yesterday. He asserted It as his belief that tne aeatns wuuiu than 15 nor more than 30. but that he thought that the crest of the epidemic had been passed GOOS CASE IS DECIDED STATE COMMISSION FINDS WATER SERVICE IS INADEQUATE. Body Fixes Valuation of Plant and 'system and Will Prepare Scale, of Rates to Be Permitted. siipti cir Dec S3. (Special.) In fixing the valuation of the Coos Bay .. . orna nv' nrflnirtv todav. the State Railroad Commission for the first time in the history of the state, except ing in the cases of railroads, has taken this method of arriving at what should be the service rates ot a puouc The Commission decided that the value of the water plant when the in vestigation was made. June 24. was 1140.000. and it will prepare a scale of rates to give a' fair return upon that amount. . , It was announced by tne commission . . . . i . . nn- h.ine run- mat oiaer ruLe i-.-1 --n sldered would be decided by the same method, and it is probable that the action today will be a precedent for the determination of charges of utilities in the future. . V. n , .h. KrvlrA Of the . " i- - - e T) .. u'.ta, rnmnanv was lnade- LWJB JtkJ ' - - ( quate were tiled with the Commission by the cities or aiarsnneiu uu , j i-v.. .nn,n.nv filed a Detttion xenu. a i3 '--''-'-' - that It be allowed to Increase its rates. ind all ot tne proceeumsa ol ida ted. The Commission finds that the supply ..... v,t.p furnished In anu ircaauio - - - Marshfleld are inadequate, that the sup ply lurnlsnea onn muu imi - domestic purposes is inadequate, that the total storage capacity is about one i i .v.. Hntiv consumption and the water is Bubject to possible con tamination. The reservoirs are ordered enclosed. The Commission finds that the water is safe, and that the discolor- ations are not deleterious 10 iue health, but are due to the fact that the -,,,- or Pnnv Creek is surface water. stained by vegetation. Aauitionai reservuiia. are ordered by the Commission. EDITOR OF ELMA IS DEAD E. C. Kibbe, 68 rears Old, Victim ot Stomach Trouble, rrvrt vt. -v, rwi 3 fSneclal.) c- x.-(v.KA i , - nuHlinhei- of the Elma Chronicle, died today from stomach trouble. Me was o years u.u. i U.JI rliriira In the &f- earn lie a o - a - - fairs of Chehalis County, taking a prominent part in politico, uU ... paper attracted attention on account of the strong editorials against those ... l kA nnnncaH nnlittcallV. resulting at one time in libel charges against him. which were not pressed. His children are L A. Kibbe. Super intendent of Schools of Thurston Countv; P. C. Kibbe. a lawyer of Tenlno; Alice Kibbe. a student in the University of Washington, and Mrs. John Ford, of Raymond. Cliristmas Trees Arranged. QC1NABY. Or.. Dec. 2S. (Special. The first Christmas tree ever held In the Lake Labish district was held at .. p.pbn arhoolhouse Friday evening and residents for miles around at- I . . 11. ..II T? i-li- tVl tended, aiiss r aumic ........ teacher, gave each of her 60 pupils a gift and provided all of the small visit ors with candy. A programme was pre sented by pupils and the affair ended with a basket social, the proceeds from the tale of the baskets, amounting to $23, going into a fund to buy supplies for the schoolroom. Two entertainments at Clear Lake this week netted $70. of which $30 will be used for charity and $40 for school supplies Hams Prices Drop Heavily. PENDLETON. Or, Dec 2J. (Spe cial.) The J. E. Smith Livestock Com pany today shipped to Portland 400 head of yearlings and 2-year-old rams for mutton. Though the finest wooled sheep in Eastern Oregon, they were sold for $2.20 per head. Rams of this character used to bring: read ily $25 a.-head. WETS ARE UPHELD; CRITICISM IS DEFIED Judge Galloway, in Deciding Harrisburg Case, Ignores " . Friends' Advice. DODGING ISSUE COWARDLY Court Declares Law Alone Mast De termine Ruling and Personal Leaniig. to "Dry" Cause Is o Factor. ALBANY. Or., Dec 23. (Special.) Judge Galloway In Circuit Court today ruled that the Harrisburg local option election, like these al Salem and Stay ton, on which he previously ruled, was illegal and void. Harrisburg voted dry in the election. Judge Galloway, in giving his deci sion, said that there is a remarkable tendency to criticise a court for a legal decision, but a judge is cowardly who will not stand in the face of opinion and rule justly in accordance with what he honestly believes to be the law in the case. The Harrisburg case was brought by W. B. Holman, a Harrisburg saloon keeper, to enjoin the County Court of Linn County from making the order de claring the result of the election. Judge Galloway said that he had re ceived a great deal of criticism for his decision in the Sajera case and that he had received many letters on the ques tion. He said these lettrs came both from people who did not know him at all and who arraigned him bitterly for the decision and from some of his sin cere friends who urged him for political reasons to rule the way the majority of the people had voted. He said he would gladly rule that way if he could, but felt that the law was otherwise. Statement Fair, He Says. "The feeling over the liquor question In this state is now intense," said Judge Galloway in the ruling, "and I find that instead of looking at a decision as a ruling on a point of law, many people take the decision as a personal one and attack the character of the judge mak ing it. For that reason I think it fair that at this time in deciding this case I should make a statement on this matter. "This court always has been very strict in enforcing the local option law. It has been my practice and the court records ,f the Third Judicial District will bear this out, to impose jail sen tences in these cases and usually a heavy f tn$ as wjelL "The records' will show that this court always has strained the law in favor of temperance, nd In enforcing the local option lgisWT law. but I can not and will ot go beyond what I believe to -tre the law to rule in any dlrciititTn. Any magistrate, even a jus- Liit!) of the peace, should rule in cases just as though it was tne iinai aajuni cation. It is a weakness to deliberate ly pass the case up to the Supreme Court. Friends Write Letters. "I have received letters from friends urging me not to rule against popular opinion in this matter, that my deci sion would not hurt even if wrong, as the Supreme Court will pass upon it anyway. These letters have urged me to 'get in the band-wagon' and decide the elections legal. But I con sider such action would be cowardly. I believe under the law that the elec tion was illegal, and I will have to rule that way. This is not the first time this court has been criticised for a decision in this kind of a case. Several years ago I had to rule that such an election In Yamhill County was Illegal, and In that decision I was affirmed by the Supreme Court. For that decision I was criticised, notwithstanding that at that time I was a resident of Yam hill County, and personally voted to make the county dry in order that the Baptist College Mn McMlnnville should be in a town without saloons." The points on which Judge Gallo way decided the Harrisburg case were the same as the Salem case, that the election must be held at the date of a general election, or, if it be held in an "off year," at the same time as a city election. He also held that not a sufficient number of the signers of the petition for the election were registered voters, that is, registered voters under the old system, the new system having been declared uncon stitutional. On the same day, and with the same UY Christmas presents today at this men's store, for every article here has been selected to please a man's taste; men nref er to receive gifts such as these. Here you avoid the crush and the an noyance of the department stores. Glove Orders Hat Orders House Coats and Smoking Jackets Reduced Bath Robes and Dressing Gowns Reduced Suit Cases and Traveling Bags Reduced Sole Portland Agent for Dunlap Hats N feifir . . mm, BEN SELLING LEADING CLbTHIER Morrison Street at Fourth procedure as the Harrisburg election, an election was held in Sweet Home. In this county, on the same question. Sweet Home, now dry. went wet In that election. Though the Sweet Home election was not involved direct ly in this case. Judge Galloway said that if his decision in the Harrisburg case were affirmed, that Sweet Home would be dry during the next year. District Attorney Hill, who repre sents the County Court In the case, will take step5 at once to appeal the Harrisburg caso, so that it may be tried in the Supreme Court in con junction with cases from other cities Involving the same questions. FGRUIT CROP IS ESTIMATED Yield In Yakima Valley Placed at From 10,000 to 12,000 Cars. NORTH YAKIMA" Wash., Dec. 23. (Special.) The shipments of fruit from the Yakima Valley are estimated at be tween 10,000 and 12,000 carloads by fruitgrowers and railroad men. About 6000 acres of fruit trees will come into bearing this year. Although they may produce but a box or a box and a half to the tree, the increase in the aggregate of marketable fruit will give the valley, with a normal yield, a total of 12,000 cars to ship out. The figures of the state department of agriculture show that there are in Yakima County 66,857 acres planted to fruit, of which more than half is not yet bearing, but of which" more than half will begin to produce marketable fruit within the next three years. If the same ratio of bearing acreage to shipments is maintained in 1916 or 1917 as was established in 1912, the Yakima Valley will ship out more than 100,000 carloads of fruit. SNOW PLEASES HAY . MEN First Fall of Winter on Yakima Reservation Recorded. WAPATO. 'Wash., Dec. 23. (Special.) The Yakima Indian Reservation had its first snowfall of the winter Sun day and Monday. Hay men are jubi lant, as the snowfall will stop pastur ing of cattle and compel stock and dairymen to feed. With Increased feed ing, an advance in the price of alfalfa is expected. While the greater part of the alfalfa from this section has been sold and much of it shipped, there are still sev eral ranchers holding for a higher price. SEE THE0CEAN. Hiirh tlHen at Gearhart. holiday week. Special Xmas dinner. Hotel reservations, 100 Fourth su Adv. ELEGTIONTO BE EYED Grand Jury Will Examine Re sults in Vancouver. BALLOT THEFT ALLEGED Ti-ir Thomsen-B Chocolates. Sold In packages onljn 80c and $1.00 the pound, 1 at your dealers. Adv. I Proceedings Resultant on Municipal Primary Involving Charges ot Poll Book Being Changed to Be Searched to Bottom. VANCOUVER, Wash.. Dec. 23. (Spe cial.) For the Brst time in the history of Clarke County a grand jury has been called to meet January 6 by Judge Back, of the Superior Court, to investi gate the alleged stealing of ballots from the primary election boxes and the changing of a pollbook m the office of .the City Clerk. At a publio meeting before the re cent election D. E. Lunsford said that he would be pleased to have a grand jury called bo that he could go before it and tell that some man told him there had been graft in the purchase of a piece of Are apparatus at a cost of 95o. It is probable that 17 Jurors will form the grand Jury, and they will be selected from the 24 impanelled today by Judge Back, who acted upon a peti tion of about 200 taxpayers of the county. The movement to call a grand jury started at an attempted meeting of the City Council last month, when Councllmen Stoner. Wilkinson and Wentworth refused to attend to make a quorum, and went to Portland. Coun cllmen Schuele. Elwell and Englemen were present both times when Mayor Irwin attempted to get a quorum. At the last time the meeting of the Coun cil was thrown open to discussion, and prominent men in city affairs voiced their approval of calling a grand Jury to investigate the alleged stealing of the ballots in the primary election. It is expected that a large number of witnesses will be subpenaed before the grand Jury to tell what they know about the alleged changes in the ballot book and the stealing of the ballots from the ballot boxes. According to the pollbooks the bal lots stolen were apparently in favor of Edward H. Mackey, who was running for Councilman from the Sixth Ward against George B. Stoner, and the five tallymarks placed In the poolbook kept by Miss Lillian Coniiaway, and com pared with tnat Kept oy r run, cj Rush Orders for Christmas Pianos Are now coming in and can still be filled and delivered before or on Christinas eve, whether for a NewUprightGrandorPlayePiaRO $350 ones C1 QC sale price pla70 $375 ones flJOie sale price... ptiJ $400 ones t9fit sale price pU $450 ones 319 Qti sale price pOiJ $450 ones C11 C sale price p01U $500 ones Cli!lE5 sale price.. epOtiJ TERMS $10.00 cash, $6.00 or more monthly. $600 ones QOQ sale price ipoZTU $650 ones QlAOK sale price pt.J $750 ones CHESO sale price..... P,au $850 ones QlRAK sale price pOtO $950 ones CfiQfl Eale price pOa7l Your old piano will be taken as first payment, balance $10.00 or more monthly. $550 ones QfiEC sale price pOUiJ $650 ones $M1 t sale price . ptXi- $750 ones MQ sale price pi7iJ $850 ones Il5firt sale price puUU $950 ones CfiQC sale price pO7l Your old piano taken as first payment, otherwise $10.00 cash, $10.00 or more monthly. oTinr urrU 1 Make your selection now and pay 1 down, if you do not wa nt to pay the full amount, START WITH 51 and then, before Christmas delivery, you pay the balance in "h0, -,rftefL within one year, allowing the full amount paid, if desired. Graves Music Co.--Removal Sale 111 FOURTH STREET Open Evenings Until Christmas Eichenlaub, were In favor of Stoner. She had tallied 91 votes for Stoner in the pollbook and Mr. Eichenlaub had tallied the same number. Miss Conn away turned her book in to the city, but when the Council canvassed the votes the book had been changed to 96 votes for Stoner. . At the regular election Stoner was beaten by about two and one-half votes to one by Mr. Mackey. D. W. Kimball, who was nominated by a few Progres sive votes, also made the xace, receiv ing about 300 votes. RANGE MEETING ARRANGED Sheepmen and Foresters Will Confer at North Yakima. NORTH YAKIMA. Wash., Dec. 23. (Special.) Washington woolgrowers will meet in North Yakima in annual session January 8 and 9, with the su per v 1 s o r s ftheIlainierVenatche, Okanogan and Chelan forest reserves and Chief Forester McKenzie, of Port land. The Government forest service has announced that there will be no reduc tion in 1914 in the charges for grazing. Sheep men expect some announcement at the meeting next month of the pol y to be observed In the use of the nge. Under the T.ft Administration ,e policy was dec'iired to be one of joking to the stabif ty of the sheep in dustry, giving prior rights to those who have used the ranges longest. Yakima Valley flockmasters are grazing sheep in all of the four big forest reserves of the state, having an aggregate of 300,000 in their flocks not counting lambs with their mothers. Tucoma Aids Seattle. TACOMA, Wash., Dec. 23 (Special.) The Tacoma Clearing-House Associa tion today adopted a resolution favor ing Seattle as the location of a regional reserve bank for this district under the new currency law. Double "S. O H." Green Trading Stamps at ROSENTHAL'S Buy a Rosenthal Gift Certificate Today For Mother, Father, Son or Daughter Shzre in the Great Distribution Fine Footwear Every Shoe in This Estab lishment Greatly Reduced Bj Open Till Tonight " SPECIAL Men's EveH ett Slippers, turned soles, black or t a n kid, all sizes, on sale today, the pair $1.80 SLIPPERS Extra spe cial offer ings for to-" day. Full kid lined, turned soles, like illustration, pair, $2.25 1 TWO GREAT SHOE SPECIALS FOR TODAY Laird-Schober and Hanan Shoes for Ladies, special for today, the 5 Men's English Last Shoes, all leathers, today $6.00 Shoes at, per Dr. Reed's Cushion Sole Shoes for Men, $5.35 Sole Portland Agents for the Hanan Shoe SALE PRICES AT THE MAIN STORE ONLY jlkcsfci jit 129 Tenth St., Bet. Alder and Wash. 7 m mm High Tides Promise One of Most Interesting Trips of the Year to Clatsop Beach Hotels at Gearhart and Seaside Entertain Guests Three Dollars Round Trip Ticket Sale December 26th to 31st. Return Limit January 5 Trains 8:10 A. M. and 630 P. M. Observation Parlor Cars Tickets, Fifth and Stark. Trains, North Bank Station, 10th and Hoyt. 9