TIIE MORNING OREGONIAN, FRIDAY, DECEMBER 1, 1916.
LIQUOR SHIPMENTS
I T BE STOPPED
WO
District Attorney Evans Holds
New Amendment Ineffective
, Until Legislature Acts.
VIEWS OF OTHERS GIVEN
Constitutionality of "Bono Dry"
Measure Brought Forward by
Governor's Decision to Issue
Proclamation at Once.
Monthly limited shipments of liquor
will not be disturbed In Multnomah
County for the present, announced Dis
trict Attorney Walter H. Evans yes
terday, upon learning: of the course de
termined upon by Attorney-General
Brown In handling the situation
brought about by the Imminent procla
mation of Governor Wltbycombe af
firming the passage of the Vbone dry"
amendment.
This means that the affidavit sys
tem will not be interfered with until
the Legislature defines the new law
provided by initiative amendment and
Klves it teeth in the form of penalties
Dot yet provided.
In the meantime, however, the new
amendment to Oregon's constitution
may face a determined legal fight to
test its constitutionality. This would
be on the grounds that In Its present
form, and without state legislation
malting unlawful the use, receipt or
possession of intoxicating liquor in Ore
gon, the new amendment violates the
Federal Constitution.
Mr. Evans Constrnea Law.
"The old law Is repealed by the pro
visions of the constitutional amend
ment," said District Attorney Evans
yesterday. The present law prohibits
the delivery of liquor after Its arrival
here, without certain restrictions. The
new amendment prohibits the Impor
tation, but provides no penalty. There
1s no particular conflict and tnis or
flee will stand on the proposition that
the amendment was" not Intended to
repeal the old law until after the leg
islature meets."
If there are importations of llquot
In quantities over the two quarts of
whisky or 24 quarts of beer allowed
monthly by the present law, District
Attorney Evans win seize me snip
ments. "All excess shipments will be con
fiscated, and it will be up to the
courts if they are ever returned." he
said.
A method of procedure possible. If
the present law was not continued In
force, would be to enjoin common car
riers from bringing in liquor In vio
lation of the amendment which pro
hibits its importation. Courts would
undoubtedly sustain this, Mr. Evans
thinks, on the grounds that the con
stitution is the supreme law of the
state.
Constitutionality Is Question.
This, however, would Immediately
bring up the question of the consti
tutionality of the new amendment,
.which Mr. Evans Is not anxious to
precipitate, though realizing that it
likely will be raised within a short
while after the proclamation.
"It is in this way that the new
amendment may be held to conflict
with the Constitution of the United
States: It interferes with the constitu
tional right of Congress to regulate in
terstate commerce," said a leading at
torney yesterday.
"But it may be said that the Webb
Kenyon act removes the protection of
the interstate clause of the Constitu
tion from Intoxicating liquor," he con
tinued. "It does destroy the Interstate
character of liquor, but only when that
liquor is being shipped into dry terri
tory, where state laws make unlawful
the possession, use or receipt of such
liquor.
"The new amendment does not make
unlawful the possession, use or receipt
of liquor; it merely prohibits Its Im
portation for beverage purposes.
Conflict of Lavr Suggested.
"Therefore, it may be held that It Is
fin unwarranted interference with In
terstate commerce and in direct viola
tion of the Federal Constitution.
"This is, provided that Governor
Wlthyombe issues his proclamation
December 5, as proposed. Further, the
fight against the amendment must
needs be made between that time and
the convening of the Legislature.
"Once the Legislature gets under
way and begins the drafting of the
new law made necessary by the bone
dry amendment, the chances of attack
ing tie constitutionality of the amend
ment grow less. The law of the Legis
lature undoubtedly will place restric
tions on the possession, use or receipt
of liquor. The amendment would then
fall under the protection of the Webb
Kenyon act and Its constitutionality
could not be attacked on the grounds
that It violated the Interstate com
merce clause of the Federal Constitu
tion." Lezral Points Discussed.
On the interpretation of ttie mean
ing of "Importation" may rest the con
stitutionality of the amendment. Dry
forces are contending that "importa
tion" includes the receipt; that an im
porter la not the common carrier en
praged in Interstate commerce, but the
man who receives that which Is Im
ported. If t;ii3 interpretation Is placed
on the amendment, it may come within
the scope of the Webb-Kenyon act.
Though admitting that the consti
tutionality of the amendment as passed
is doubtful. Attorney A. L. Veazle, of
the dry forces, said yesterday that he
believed tie amendment would (stand
the test. Though the Kentucky law
prohibiting the importation, but not
the use, of intoxicating liquor was
Jield unconstitutional by the United
States Supreme Court, Mr. "Veazle be
lieves that Oregon's case Is not quite
parallel with that of Kentucky.
R. P. Hutton, superintendent of tje
Anti-Saloon League, hopes for the best,
but fears that the statue of the Oregon
measure, before the Legislature can
draft the law. is too uncomfortably
like that of Kentucky to insure its in-
vlolableness. He said:
A a matter of fact, the status of all
state legislation with regard to stamping
out the liquor traffic is In the balance.
ewaltlnjr the decision of the 6UTrem Court
of the TTnlted States In the West Virginia
-ase. i-nis caw. in -wnich Attorney-General
Uro-wn. or orffron, Tiled a brief a amicus
curiae, last February, considers the right
of the states to interfere with Interstate
commerce.
An unfavorable decision to the dry forces
would mean that prohibition would not be
possible without a National amendment. It
Involves the Webb-Kenyon act. which has
never been Interpreted by the United 6tates
(Supreme Court as yet. though it was taken
into consideration in tee Kentucky case and
ne:a not to appty.
Mr. Veasrle Gives V terra.
Mr. Veazle said last night, apropos
of the constitutionality of Oregon's
bone-dry amendment:
An effort to overthrow it "would naturally
be expected lr its enforcement were at
tempted before the Legislature supplements
It
There Is room for argument against Its
validity, on the ground that it Interfere with
Interstate commerce, exclusive Jurisdiction
over which belongs to Congress. TJntll re-
oent years, the prohibition laws of the states
and the local option dry districts were ren
dered almost nugatory, because anyone could
have all the liquor he wanted shipped from
outside the state, and the local officers
were helpless to Interfere. Congress came
to the aid of the states by passing the act
of March 4. 1909, requiring Interstate ship
ments of liquors to be marked with the
name of the consignee and the nature of the
contents, and the act of March 1. A613.
called the Webb-Kenyon law, which pro
hibits the shipment In Interstate commerce
of intoxicating liquor into any state, which
Is intended to be received, possessed, sold
or In any manner used in violation of any
law of such state.
Since then, prohibition laws framed to
take advantage of these Kederal statutes
have reached a new degree of efficiency.
Laws either restricting the quantity or en
tirely prohibiting import for beverage pur
poses are the fashion. Absolute prohibition
la as valid as restriction, bo far as the point
in mind Is concerned. Colorado and Idaho,
two years ago. enacted laws Just as "bone
dry" as our new one, and the people have
recently attested their satisfaction by cast
ing big majorities against attempts to
amend them.
The lawe which Montana and South !a
kota adopted this month correspond to ours,
in forbidding imports, and the one Missouri
came near adopting was the same. Its con
stitutionality was attacked In advance, by
an attempt to enjoin putting it on the bal
lot, because it was alleged to be an ntr"
ference with Interstate commerce, but the
Supreme Court overruled this contention.
Decisions Are Reviewed.
The validity of the Webb-Kenyon act is
sow before the United States Supreme
Court in a West Virginia case recently ar
gued. It has been sustained generally by
the lower court, Including Judge Bean, la
a case brought here to test the Idaho law.
Several laws, such as those of Kentucky
and New Mexico, which attempted to forbid
the carrier from delivering liquors Into the
state, without making it unlawful for the
consignee to receive, use or possess them,
were declared invalid, as not coming with
in the scope of the Webb-Kenyon act.
Our amendment prohibits Importation, and
it ought to be construed as making both the
delivery and the receipt unlawful as apply
ing to both the carrier and the consignee.
If so. It seems to meet the requirements
of the Webb-Kenyon act. At any rate, the
Legislature can readily frame a law which
will clear all doubt on that point.
If the attempt were made to enforce the
amendment before the Legislature acts, a
test case would probably be brought in
California by some shipper against an ex
press company, to compel acceptance of a
shipment.
I I . Jl m.'t-il f ;i I II 1 II a:1, t u 1 ' I wn
1 'Si-'
This Is tHe Last Announcement That
Will Appear in This Paper on the
Packard Piano Sale
WESTOVER DEEDS FILED
big realty trassfeb said to
involve: i,ooo,ooo.
New Oregon Corporation la Holding
Company Marketing Campaign
Is Under Consideration.
As soon as Information, was received
from Salem to the effect that articles
had been filed Incorporating the In
ternational Realty Associates of Ore
gon, deeds were placed on record at
the Courthouse In Portland Wednesday
conveying title on 308 residence lots in
Westover Terraces to the associates. A
nominal consideration was cited in the
deeds, although the property trans
ferred Is reported to be worth In the
neighborhood of $1,000,000.
The corporation which assumes own
ership of the Westover property Is to
serve merely as a holding company for
1000 stockholders in the International
Realty Associates, who reside in vari
ous parts of the United States. N. J.
Uphara, president of the associates,
who is now In Portland. Is president of
the Oregon corporation Just formed,
while the other officers are Prescott
W. Cookingham and Marcus M. Mat
thiessen, who are associated with the
Portland law firm of Wood, Montague
& Hunt. The Oregon corporation is
capitalized at $100,000.
At a meeting in the committee rooms
of the Portland Realty Board Wednes
day. Mr. Uphara discussed plans for the
management of Westover Terrace prop
erty with Dean Vincent, K. E. Taylor.
F. N. Clark. L. W. Cronan. George D.
Schalk. Dorr E. Keasey and Fred A.
Jacobs, members of the Portland Real
ty Board committee appointed to
handle the marketing of the tract.
After a similar meeting, to be held
today, following Mr. Upham's ad
dress before the Portland Realty
Board at its noonday luncheon meeting
In the Hotel Benson, the campaign pro
gramme deciaea -upon will probably be
made public
Keep This Advertisement
for Reference, for,'
This Great
Sale Closes Saturday Night
Note the prices opposite compare them with the regular prices of any well
known, high-grade piano, then come to our store and see these splendid
instruments, fully guaranteed, at prices never to be equaled again!
This sale of the Packard Music Co.'s
stock has marked an epoch in the
annals of the piano business. Never
before have such high-grade pianos
been so economically priced. Never
before has buying been so brisk so
enthusiastic -so continued! This
sale opened a week ago last Monday
it closes Saturday night without
fail. The list opposite is a partial one
of the remaining instruments. Look
over the prices, then come to the
store bring a person with you com
petent to judge the quality, tone and
value of the instrument! Well
wager that you'll be a purchaser if
they are not all sold before you
arrive, and, if you do buy, you'll get
the piano from $100.00 to $150.00
less than you or somebody else will
pay for the same instrument after
next Saturday!
Eemember, you are welcome to inspect and test these instruments with no
obligation to buy come in, but we advise that you come in as early as pos
sible or you are apt to be disappointed-
Pay a Small Deposit Down Balance
to Suit Your Convenience in 1917
Just a Few Prices:
UPRIGHT PIANOS
Kimball Piano 93
Howard, mahogany , $125
Baldwin, ebony ....SloO
Krakauer, burl walnut ............... .$1 o
Harrington, mahogany ............. ....Sloo
Hensel, oak .......... $175
Newbum, oak .....,.$lfS
Brinkerhoff, mahogany .............. .$175
Price & Teeple, oak , .$215
Packard, oak $285
Packard, Stickley oak ...$,'$15
Packard, mahogany $325
PLAYER PIANOS
Anto Piano, mahogany (65-note) ., $200
Brinkerhoff, mahogany, late model, 88-
note $325
Brinkerhoff, oak, late model, 8S-note. .$355
Milton, mahogany, late model, 88-note. . .$375
Bond, mahogany, late model, 88-note. .. .$385
Ludwig, mahogany, late model, 88-note. .$485
Packard, Circassian walnut, late model,
88-note $550
GRAND PIANOS
Milton, mahogany $425.00
Packard, mahogany .. $525.00
Packard, mahogany $550.00
Ludwig, mahogany $537.50
Hardman, mahogany $550.00
I II M
Open Evenings Until Christmas Morrison St. at Broadway
Also San Francisco, Oakland, Sacramento, San Jose, Los Angeles and Other Coast Cities
BUTTER LAW RULED DUT
JT.DGI3 KAVASACGII EATS ACT
PUTS BIRDE OX COMMERCE.
MEET DEC. 7
XORTHWESTERS OREGON GROUP
W1XI COSVESE HERE.
State-Wide Invitation Extended for At
tendance at Sessions Live Topics
to Be Discussed.
A meeting of Grouo 1. of tha Oree-o-n
Bankers' Association, will be held In
Portland next Thursday. December 7.
wmie the membership In this srroun Is
confined to bankers In Northwestern
Oregon, bankers in all parts of the state
nave been Invited. The sessions will be
held in the gray parlors of the Multno
mah Hotel.
C J. Shepherd, assistant caahlAv of
tne jreaerai Keserve Bank of Ban Fran
cisco, will deliver the principal address.
His formal speech will be brief, so that
he can give most of his time to answer
ing Questions. Other speakers will be
E. E. Flood, of the Exchange National
Bank, of Spokane, who will talk on
the livestock Industry, and William A.
MacRae, manager of the Bank of Cali
fornia's branch in Portland. Mr. Mao
Rae will discuss the advisability of pro
moting a more general use of paper
money In the West. C. E. Spence, mas
ter or the state Orange, has been in
vited to present the workings of the
new rural credits law. Mr. Spence now
is In Washington. D. C. to gain first
hand knowledge on the subject.
It is Intended to conclude the business
at the morning session, so that the
visiting bankers may attend the live
stock show in the afternoon. The Port
land Clearing-House Association will
entertain all the visitors at luncheon at
the Multnomah at noon. In the evening
tney wm attend the stock show ban'
quet at the Multnomah.
S. L. Parrett. president of the United
States National Bank, at Newberg. is
president of the group, and will preside
at tne meetings.
BEND SCHOOL LEVY IS 17
1'nnsual Growth In Demands of
Schools Causes Increase.
BEND, Or.. Xov. 30. (Special.) A
tax levy of 17 mills was voted for the
maintenance the coming year of School
District I.o. 12, which includes the city
of Bend, at the budget meeting this
morning. vine levy last year was 12
mills. This year's valuation is $1,737.
000, as against $1,377,94 2 for last year,
assuming that the public utility valua
tion remains at last year's figure of
J123.745.
The large Increase In taxation caused
by this levy is necessary because of
the extraordinary growth in the de
mands on the schools of the district
caused by the construction of the new
sawmills here. There are at present
S00 pupils In the schools, as compared
to less than 400 a year ago. and the
census, now being taken. Is expected
to disclose 1100 pupils of school age
in tne district.
Louis Keller, aged 68. of Nuremberg.
Pa., who has never been on a steam or
trolley car and has always refused a
ride, walked to Rupert, a distance of
30 miles, to attend the annual reunion
of the Kostenbauder family. He has
never missed a meeting In the last 18
years, and has always gone on toot..
Food Commissioner Declares Appeal to
Supreme Court Will Be Taken, as
jm9 Is Considered Vital.
Tiat the 1915 law requiring all per
sons importing: butter into Oregon to
report to the State Dairy and Food
Commissioner is discriminatory and
unconstitutional has been held by Cir
cuit Judge Kavanaugh. His decision
was in the sustaining of a -demurrer to
complaint against Carl fcchallinger.
manager of the Hazelwood Company,
who waa charged with violating the
law.
The court tield that the law attempt
ed to interfere with interstate com
merce by putting a burden on Inter
state commerce which is not borne by
local commerce.
An appeal to the Supreme Court of
Oregon undoubtedly will be taken, says
3. T. Mlckle. Dairy and Food Commis
sioner. He maintains that the law was
enacted as a protection to Oregon but
ter manufacturers and consumers and
he does not believe It unjustly die
criminatory. "If dealers are not required to report
their Importations of butter after the
butter is once In the state, no one can
tell whether It was manufactured here
or not. The law requires local butter
manufacturers to make annual reports
of their output. The taw made It pos
sible to determine whether butter on
the market was being properly labeled."
Pastor Thankful for Thanks
giving Day Bride.
Rrr. Charles B. Harrison Will Take
Wife to ew ParsonSEe at 11-lamlns.
TITS Multnomah Hotel housed at
least one thankful man last night.
That man was Rev. Charles B. Har
rison, pastor of the Methodist-Episcopal
Church at Wlllamina, who was
married last night to Miss Mary Rey
nolds, 456 East Thirty-ninth, street
North.
"I am glnd. I took the plunge. said
Rev. Mr. Harrison last night.
Rev. Mr. Harrison until a few months
ago was pastor of the Westmoreland
Methodist-Episcopal Church In Port
land. He Is a graduate of Willamette
University and a former star third
baseman for that school.
Miss Reynolds, who has been a resi
dent of Portland for several years,
came here from Valparaiso. Ind.. where
she attended Valparaiso University.
The marriage last night was the cul
mination of a romance which started
when the two were communicants at
the Sunnyside Methodist Episcopal
Church. A parsonage Is being erected
at Willamlna for the accommodation
of the briio and. other preparations are
being made to welcome Mr. and Mrs.
Harrison.
They will take a short -wedding; trip
along the Coast.
The closed touring car Is destined to
supersede the open machine, at present
used in the West. In the opinion of
R, S. Ellis, of the sales department of
the National Motor Vehicle Company,
Indianapolis, Ind., who Is in Portland.
Mr. Ellis said yesterday that the
closed touring cars were coming rapid
ly Into favor in the East. He says they
are cooler In iaummer and. warmer In
Winter.
Ixrwls School Organization Forms.
CENT RALJ A. Wash.. Nov. 30. (Spe
cial.) At a meeting held in Wtnlock
by prominent school men of Lewis
County an organization waa formed, of
which II. E. Cook, of Chehalis, is presi
dent: S. O. Oistad, of Winlock. vice
president, and Frofessor Bailor, of To
ledo, secretary. Principals, superin
tendent sand rasle teacher In four
years accredited high 6choola ar eligi
ble to membership. The new organiza
tion is Independent of the Lewis Coun
ty Principals' Association, which has
been in existence for several year.
Complete Foreign Banking Service
Lumbermen
National.bani?
Fifth and Stark
Capital and Surplus,. $1,200,000
If you purchase goods abroad
Letters of Credit issued by
this bank will establish your
credit in any market of the
world.
Will quote best rates on nego
tiation of prime documentary
drafts in connection with exports.
imam
mm& Wool
3
sSale if
en Good
This is the most successful sale of woolen
goods we've ever held during; our many
years in business. It surely seems as if we are
preparing the whole city for warmth during the
cold Winter that's ahead of us all. And why
shouldn't we draw the crowds?,
Our sale prices on warm underwear,
shirts, socks, blankets, sweaters and sweat
er coats are as low as they were before Hie
war raised the price of wool. Our mill-to-man
method of distribution is responsible for our
ability to sell so cheaply now. Come and stock
up while these sale prices are in force.
Brownsville
Mffl-to-Man Clothiers
Woolen Mills
Morrison at Third St.
iff
ftf
m
Xm
m
Sale
Ends
Saturday
Wool Blankets Reduced
Remember, the sale includes a large
stock of fine bed blankets, Indian robes,
couch covers and Auto robes. You ran
save several dollars here.