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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 15, 1915)
THE MORMXG OREGOXIAX. WEDNESDAY, SEPTEMBER 15, 1915. SUNDAY CLOSING LAW HELD VALID PATROLMAN WHO WAS FORCED TO FIRE FATAL SHOT IN AUS TRIAN'S' RIOT AT LINNTON; ONE OF THE WITNESSES AND PROSECUTOR. 10 IRE RIOTERS ARE BOUND OVER Opinion by Justice Burnett, of Supreme Court, Reverses Lower Tribunal. Austrian .Government's Attor ney Defends Men in Linn ton Disturbance. i. I - ,1 4 m , STATE POLICE RIGHT CITED Bxemptions Defended on Basis of Public Xeed Decision Expected to Result In More Stringent Enforcement of Statute. SALEM. Or.. Sept. 14. (Special.) uusmuiionanty or the Sunday closing law was upheld today by Justice Bur nett of the Supreme Court, when he reversed the decision of Circuit Judge Morrow in the case of the st t a ncainst Leigh E. Nichols, appealed from Lane county. Nichols was charged with Keeping his cisrar store onen Sundnv That the decision may result In a more stringent enforcement of the state law prohibiting the keeping open on Sunday of any "store, shop, grocery, bowling alley, billiard room, or tip pling house ... or any place of amusement is believed probable by at torneys and others here who have studied it. The law exempts from its provisions theaters, drug stores, doc tors" offices, undertakers, livery stable fteeptrs, outcners and. bakers. In the attack upon the constitutional lty of the statute, attorney for Nichols contended that it was violating section -u 01 article l of the state const! luuon. which declares that "no law shall be passed granting to any citizen vr ciass or citizens, privileges or im munities which, upon the same terms, shall not equally belong to all citi zens." That the measure also was con trary to the 14th amendment to the xeaeral constitution was alleged. Police Right Cited. Fointing out that It is by virtue of the police power that the legislative branch of the state government as sumes to control its citizens in their daily affairs. Justice Burnett con tinues: "'It finds its sanction in the right of the state to provide for the public health, peace, welfare and safety. The only restriction which affects the ques tion is that the legislation must have some reasonable relation to those ele ments of public concern and must be uniform in its operation upon all per sons similarly situated. The principle rendering lawful to forbid the pur suit of an occupation on Sunday is set tled in this state. . . . The underly ing reason for the rule is the propriety of providing a day of rest and relaxa tion for those who .- re engaged in certain employments.' Kirmptlona Are Justified. Justice Burnett Justifies the statutory exemption of certain businesses In the following language: "A good reason for this may be found in the fact that drug stores, doctor shops, undertakers, butchers, bakers and livery-stable keepers minister to wants that are more imperative, as a rule, than those supplied by the general run of business in the occupations named, while theaters afford mental diversion conducive to rest and relaxa tion. The emergency involved gives color and sanction to the exception. The law applies to all persons coming with: i the class described and limited in the statute. We are convinced that the classification set out In the statute is reasonable and that the legislation is a proper exercise of the police power." Other opinions today are: S. T. Howard and others against German American Insurance Company, appellant, appealed from Jackson County; suit to re cover on insurance policy; opinion by Jus tice Eakin: Judgment o Circuit Judge Mor huw modified. S. T. Howard and others against Hartford Fire Insurance Company, appellant; appealed from Jackson County; suit to recover on In surance policy; opinion by Justice Eakin; Judgment of Circuit Judge Morrow modified. Joste Pullen, appellant, against City ot Eugene; appealed from Lsuie County; suit involving damages for personal injuries; pe tition to recall mandate denied; opinion by Chief Justice Moore. I'atrtck H. Loushran, appellant, against B. B. Barker and otners; appealed trom Mult nomah County; suit for attorney fees; opln. ion by Justice Eakin; Judgment for defend and by Circuit Judge McGinn affirmed. Petitions for rehearing were denied as fall lows: S. T. Howard against Horticultural Fire Relief of Oregon; union Credit Assf. elation against Corson; United States Fidel ity & Guaranty Company against Sheppar-d; Altken against BJerkvlg; Martin against Fletcher, and Mabel D. Hartman against Oregon Electric Railway Company. CLOSING LAW APPLIES HERE Portland Authorities Xot Reanfly to Act Vet, However. That the Sunday closing law affects Portland as well as the rest of the state, is the opinion of City .Attorney LaRoche. lie says the law i s state wide and a part of the criminal code and, therefore, the state law takes pre cedence of any local ordinances or laws. "The city ordinances are .limited by the state constitution and the state criminal laws." said Mr. La.Roche yes terday. "If the Sunday clotiing law is valid it applies to Portland Just as well as to the rest of the state. It is a criminal law and takes precedence over any law the city might attempt to pass. Chief of Police Clark, of Portland. will not close the cigar stores in this city until he has orders to that effect rfom the Mayor or Commissioners. Asked yesterday if he intended to close up the stores where tobacco is sold next Sunday, Chie Clark said that he would not unless 3he was asked to by those in higher authority in the city government. As to what will be done regarding enforcement of the Sunday closing law in Portland, Mayor Albee was unable to say last night. Me said he will not take the subject uy. until he ascertains the exact purport of the Supreme Court decision and has a, conference with City Attorney LaRoch . It may be several days before a copy of the court's opin ion is received. "I have given t'ne subject no thought," said the Mayor. "The court decision came only today , and we have not had time to get a copy of it. When we find ou the exact status of affairs regarding the Sunday closing we will take ac tion." Douglas Attorney to Enforce Law. ROSEBURO. Or. Sept. 14. (Special.) District Attorney George Xeuner an nounced late, tod.-.y that he would en force the sij-calied Sunay closing law in Douglas County In the event it had been held constitutional by the Supreme Court of t-'ne state. The law heretofore nas bean unheeded by the prosecuting officers of Douglas County and was considered a dead letter. RidgeJTield Council Hies Budget. RIDOEF1ELD. Wash.. Sept. 14. (Spe cial.) The Town "Council Tuesday an nounced its estimate of expenses for the coming year. The expenses will be $1444 and the usual receipts $100. leaving $1344 to be raised by taxation. . ' "t ' aw-; :': V . x. Jf v i'f t fs REFERENDUM IS AIM f c?xz) Jitney Interests to Circulate Petitions at Once. TIME LIMIT IS 30 DAYS If Court Tpliolds Law but Invali dates Emergency, Enforcement May Be Held orf Until 1917 If Signatures Obtained. Use of the referendum to stave off enforcement of the jitney regulation ordinance in case the courts rule finally that the emereenrv rlaiKo rn city ordinances is of no effect, is the plan of the Jitney interest. Officials of the Jitney Drivers' Union obtained blanks yesterday from City Auditor Barbur and will start the circulation at once of referendum petitions. ine referendum is being resorted to as a precaution aerainst the roforon- dum periofl of 30 days exoirina- and the -measure going into ef fect without the emergency. If the courts knock out the emergency the measure as passed would go into effect without the emergency in 30 days from the ditte of passage. To head off the possibility of this the jitnev in terests plan to have referendum peti tions ready to file in case the courts declare trie emergency illegal, but up hold the validity of the ordinance. As the jitney case stands now Cir cuit Judjze Bagley has ruled that the emergency clause cannot be attached to city ordinances and therefore if the jitney ordinance is valid it cannot Victrola VI, $25 Oak The Wiley B. Allen Co. Morrison Street at Broadway, Portland, Or. Please send catalogues and full information re garding Victor Victrolas and your easy payment plan (Sign here) , Address. Oregonian .a i r ' go into effect for 30 days after the date of passage. During that 30 days a referendum can be invoked against it. The injunction granted by the Judge was on the proposition of the validity of the emergency and not on the valid ity of the provisions of the ordinance. The validity of the ordinance will be passed upon at the jitney hearing in the Circuit Court Friday. In case the court holds that the measure is valid and the city has the right to enforce it 30 days after passage the jitney in terests hope to be ready with a suffi cient number of names on referendum petitions to file before the 30-day period expires. This would mean hold ing up the ordinance until the city election of June, 1917. In case, however, that the emergency clause and the ordinance are held to be valid the jitneys will be unable to make use of their petitions, for the measure will have been effective from the date of its passage by the Council. An appeal to the Supreme Court then will be the only course open to its opponents. There are said to he SOO uses for the palmyra calm, which grows tHS-ouKhout troo- Ic-al Ind'a. Of course, you dance! Who doesn't? But your music! Is it all that you could wish? Is it perfect in volume, tune, time and tone? The Victrola supplies the most perfect dance music to be had from any source or at any price. For the dance, it is indispensable. For entertainment of guests, for every occasion upon which good music is desirable, it fills every demand, meets every require ment. Your home without a Victrola is shorn of one of the most pleasing and refining influences that the home can know. Let us demonstrate the Victrola for you. YOUR MONEY'S WORTH OR YOUR MONEY BACK Morrison Street at 13 TO FACE GRAND JURY nisorderly Conduct Is Admitted; Pa trolman Describes Shooting, Which. Ho Said AVas In De fense of Brother Officer. Ten Austrians were bound over to the grand jury under $500 bond each for their participation in the Linnton riot of Sunday night, in which one riot er was killed and several police of ficers injured, when they appeared be fore Municipal Judge Stevenson yes terday. Five others unaer arrest could not be positively identified by the po lice and were turned loose. C. T. Haas, of tne firm of "Woerndle & Haas, representatives of the Austrian government in Portland, conducted the defense, but placed no witnesses on the stand. Testimony was given by Patrolman A. L. Long, the .officer whose beat was in Linnton. and vtiose shot killed Jo seph Kocar, one of the Austrians, who gave the name of Joseph Rotose; Ed ward H. White, of Linnton, who was knocked senseless by the rioters when he attempted to aid the officer; City Detective Tom Hammersly, who re ceived a broken thumb and badly bruised head in the fracas; W. C. Wool folk, a well-known sawmill man of Linnton, witness of the fight; Patrol men Morris and Sims, who were in the first detachment of officers sent from Portland and who were beaten and driven back by the rioters, and Police Captain Circle, who led the reserve squad of 16 bluecoats that quelled the disturbance and arrested 15 men. Riot Blamed to Llqnor. Liquor was blamed for the affair by alL Sober, the men were said to be quiet and industrious citizens. Under influence of whisky and beer they were not responsible and were insulting. The affair started, the testimony tended to show, in an all-day drinking orgy in a house occupied by Austrians. Trouble began when some of them went outside and disturbed people living near with obscenities and cursing. There was no anti-American demon stration of moment, according to testi mony, until the battle with the reserve officers began, when the affair took a racial turn in which the Americans were vigorously cursed as such and threatened by the rioters. The defense failed to prove by the prosecution's witnesses that the rioters did not know' the men who tried to quell them were officers and did not understand the commands of the police. It was testified that the stars of the officers were displayed and that most of the men in the mob had a knowledge of English. Admitting the disorderly actions of the rioters. Attorney Haas intimated in his cross-examination of witnesses that Mr. White, who was knocked uncon scioue; by the rioters, was an ncsresPOr. It' s easv to learn t ances with the Victrol Broadway Portland Copyright Hart Schaffner IMart attacking the drunken mob from a feeling of undue self-importance. Officer Tells of Sbootlnar. Mr. Woolfolk. of linnton, testified that ho objected to ;he language and insults of the Austrians within a short distance of his home, annoying his wife and family. Patrolman Long testified that the man he shot had Just struck Detective Hammersly a blow on the head that sent the detective to his knees, and that the officers' lives were in danger. "This fellow tried to hit me when I tried to help Hammersly: I shot him," said Patrolman Long. Mr. Woolfolk testified that when he saw Patrolman Long shoot that "I was afraid he missed. He was right in shooting." The men bound over to the grand Jury are Joe Mennls, Pete Ponis. Joe Bilek, Henry Komo. Mike Frier, Joe Sabota, Jacob Kupsik. John Frier. Joe Parnoe and Jolen Pens. Those released were Joe Kori. John Kupg. Joe Komo. Martin Ducamari and Joe Lucas. Mike Bik. Joe Fuzek and Carl Sher moro were bound over Monday. They were the men in an automobile who would not let Patrolman Loner put Mr. The Fox Trot, Castle Pol ka, and all the other new dances all played loud and clear and in perfect time. There are Victors and Victrolas in great variety of styles from $10 to $300 at all Victor dealers. Victor Talking Machine Co. Camden, N. J. Getting down to figures, When you buy a Hart Schaffner & Marx Suit or Overcoat for $25 you're getting everything a tailor charges you $40 to $50 for. The same high-class materials, style as good or better, perfect fit, and the chance to see before you buy. We want you to come in and see for yourself. See the beautiful range of patterns and fab rics; slip into some of them that's our way of proving these assertions. Sizes in stock to fit any size man stout, slim, regular or stub. Prices Range From $20 to $35 Every Man Wants the Best Produced in Furnishing Goods You'll find a good representative showing of standard goods here. Manhattan and Arrow Shirts, Inter woven Hosiery, Fine Neckwear, etc., at a price that's sure to please. It's Time to Get Under a New Lid , See the new Multnomah Hat at $3 nothing like 'em in town. Stetson and Trimble Hats in the newest Fall shapes and colorings at $4 and $5. Sam'! Rosenblatt & Co. Our New Location 266 Morrison St., Between Third and Fourth White, who was unconscious, in auto to be taken to a physician. JEAN SLOAN HAPPY PARENT Courthouse Elevator Operator Says "Both Doing Fine, Thanks." Jurors, Judges, lawyers and clerks all stopped to shake hands wtih Jean Sloan, elevator operator in the Courthouse, yesterday. The profusion of congratu lations he accepted gracefully, and shook with one hand while he operated the lever with the other. "Both doing fine, thanks," he repeated over and over as the news spread. Out at 704 Harvard street Mrs. Jean Sloan is attended by a nurse, and a lusty-lunged eight-pound baby girl oc cupies a crib beside her. Vancouver Grants Divorces. VANCOUVER, Wash.. Sept. 14. fSpecial.) Three divorces, granted in the Superior Court today, were more than offset by the number of mar nrasic 3 Mr. and Mr. Vernon Castle dancing the Castle Polka. f he Hi I Vft SAN FRANCISCO gf-153 Keay OAKLAND 1209 Washington Street SAN JOSE 117 South First Street LOS ANGELES 416 South Broadway riage licenses Issued in the office of the County Auditor. Julia C. Ward secured a divorce from Silas W. Ward on the grounds of nonsupport: Zoe Thompson was divoorced from Frank H. Thompson on the grounds of non support and abandonment, and Edna K. Hendrix secured a decree from W. C Hendrix on charges of cruel and in human treatment. Three Sue Gas Company. OREGON CITY. Or.. Sept. 14. (Spe cial ) The Portland Gas & Coke Com pany is made defendant today in three personal injury suits filed in the Cir cuit Court by Attorney L. Stipp. The plaintiffs, Mrs. Clara Rands. Ernest P. Rands and Miss Florence White, were injured May 17, 1914. when an auto mobile in which they were riding tipped over, owing, they allege, to a defective trench belonging to the gas company on one side of the county road. Mrs. Rands asks for J2500. Mr. Rands for J708 and Miss White for $550.. Mrs. M. L. White, a fourth pas senger of the car. filed a suit against the gas company several days ago. jRTinn manufactures many bicyplea. new f t tAU Bin-s Stadia, If. T. C he 2C