THE HORNING OREGONIAN, WEDNESDAY, MARCH 3f, '1920 '
8
IS UPHELD BY CQUR
0C0LATE
SALT
LAKE
Use of Washington Public
Funds Declared Legal.
LAW VALID IS OPINION
VETERMiS
SWEE
3
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: .Jh,r 1 t
Auditor's Objection to Issuing
Warrants in Payment for Iand
Is Overruled.
OLTMPTA. Wash, March 30. (Spe
cial.) Validity of the land settle
ment act, passed by the 1919 legis
lature to provide farms for soldiers,
was upheld by the supreme court to
day in an opinion written by Judge
Eramett N. Tarker and concurred in
by Judges Tolnian. Bridges, Mitchell,
Main and Fullerton. Chief Justice
O. R. Holcomb in a separate opinion
concurs in the conclusion reached ii
the majority opinion. Judges Mack
lntosh and Mount dissent.
Constitutionality of the act was at
tacked by State Auditor C. TV. Clau
sen, who refused to, issue warrants
for payment of land purchased by the
land settlement board for the purpose
of carrying out the provisions of the
act
Railway Leginlatlon Cited.
Clausen contended that tne act vio
lated the constitution in that It
sought to. take public funds raised
through taxation process for private
purposes, maintaining that the de
velopment of unimproved land for
sale to private individuals did not
constitute a public purpose within the
meaning of the constitution.
The majority opinion of the court
was based upon the adoption of the
theory that the development of un
occupied land under a policy wjjich
encourages the settlement by home
owning farmers will materially con
tribute to the welfare of the people as
a whole, increasing the wealth of the
state and making for better citizen
hip. Legislation of half a century
xzo by which aid was given to the
building of railroads was cited by the
court as an example of this theory
of legislative development for public
purposes.
To the objection raised that tke
legislation is designed to benefit pri
vate individuals rather than the peo
ple as a whole by reason of the fact
that preferencee is given to ex-sol
diers. sailors or marines, the court
cites the fact that if this argument
holds good no pension legislation
would ever have been possible.
Judge Mackintosh in a dissenting
opinion drew the conclusion from the
majority opinion that the court will
not declare unconstitutional an act
which calls for the collection of taxes
to be used in the purchase and im
provement of lands to be sold to pri
vate individuals, for the reason that
the legislature has decided that such
taxation is for public purposes.
"Courts have found this an easy
way to Justify the laying of taxes to
be utilized in ways that appeal to
them as beneficial or agreeable to
their Ideas of proper commercial or
economic development.
Reasons for Dissent Given.
"The purpose of the act may be
highly commendable and did It not
call for the payment from the pock
et of the taxpayer of money in the
possession of which he is supposed
to be protected by constitutional lim
itations, as a land development plan,
it would merit the approval of those
interested; but to call it a public
purpose is to stretch to the breaking
point all fundamental ideas of what
is meant by the term," Judge Mack
intosh said. I cannot agree that a
public purpose is being served by
this attractive bit of paternalistic leg
islation," he added.
Judge Mount joined In the dissent
ing opinion. The legislature at Its
1919 session passed the land-settlement
act to provide means whereby
soldiers, sailors and marines who
served in the war against Germany,
and also industrial workers and other
American citizens, might settle upon
and become owners of small improved
farms. The state reclamation boa yd
has been authorized to carry out the
provisions of the act and a revolving
fond of $150,000 was appropriated out
of the revolving fund of the state
reclamation service to enable the
board to put the plan in operation.
li"-'f,:Wfe JAMA
I William
RoMsell
row,"
TODAY'S FILM FEATURES.
Rivoli Lieutenant Locklear, In
"The Great Air Robbery."
Majestic Pauline Frederick, In
"The Peace of Roaring River."
Peoples Elsie Fergyson, "His
House in Order."
Liberty D. V. Griffith's, "The
Greatest Question."
Columbia William Russell, In
"The Valley of Tomorrow."
Star Thomas Meighan and Glo
ria Swanson, "Male and Fe
male." Circle Enid Bennett, In "The
Woman in the Suit Case."
Globe Marguerita Fisher, "Put
Up Tour Hands."
In a scene from his new picture, "The Valley of Tomor
which will open at the Columbia theater today.
sign from active work because of 111 I
health. He is now in California.
1
Success of the Portland Liberty
theater in "putting -across" big mo
tion picture productions of the year
has reached the ears of E. J. Hudson,
publicity director of the First Na
tional Exhibitors' circuit. Mr. Hud
son has written asking for detailed
account supplemented with pictures
of the way in which "The River's
End," the first Independent Marshall
Neilan picture. Is exploited. These
pictures and suggestions will be sent
to exhibitors in other cities to aid
them during their showing of the
film. Plans are already under way
for its showing in Portland during
April.
V
ONE PARADE TO BE HELD
Travelers to Have Only Event of
Hind This Summer.
A great Industrial parade will be
held in connection with the Travel
ers" Protective association convention
in June, it was announced officially
yesterday. This will bo the only
event of the kind this summer, aa the
Rosa Festival association, which here
tofore has staged one, has consented
to give this feature over to the other
organization this time. No entrance
fee will be charged, and all Indus
tries and fraternal orders are invited
to participate.
There has been a little confusion
ever the arrangement, some thinking
there are to be two Industrial parades.
Others have the impression that an
entrance fee is to be charged. Both
are erroneous.
THE BATTLE WON
Confidence in your physician
or the tonic that he may
prescribe, is half the battle
won. The consistent use of
SCOTT'S
EMULSION
always begets confidence in
those who take it Scott's is
. a tonic-nutrient recom
mended by physicians
everywhere.
Let SCOTT'S help
you win your bavttlat
against weakness.
feett Bowse, Blosafleld, W. J. O-ls
Eyesight Dim?
If your eyesight is dim, your vis
Son blurred; if your eye ache, itch,
bora or feel dry. get a bottle of Bon
0?t tablets from your druggist
dissolve on in a fourth of a glass
ef water and vam to batbe the eyes
frees two to four times a day. Bon
Opto has riven stronger eyes,
clearer, sharper vision and reSef to
thousands.
Hater. Doctor, aar BBB-OpUstw.nlhess ers-
ML
HI I
JU.
HE VALLEY OF TOMOR
ROW." which the Columbia
theater Is featuring the re
mainder of this week, has been aptly
described as "a drama of conflicts.'
It is a gripping human story of the
soul-growth of a man who finds that
the man he is obligated to kill is the
very man who has saved his life, and
that the girl he loves is the sister of
the man through whom his own little
sister was brought to the shame and
dishonor that led to her death.
Love and personal gratitude come
to grips with the claims of family
honor. Lpon blm is tne weight of an
ancient clan's traditions. His kins
men, infuriated by indecision, clamor
for the quick execution of rude
justice.
A way out of his dilemma occurs to
the hesitant avenger, struggling with
nis new-born sense of a bigger justice
than his old creed of "eye for eye"
hearing even above the primitive call
of vengeance the auiet whisner of
something finer. Into the lap of the
gous ne nuns his trembling prev.
But wisely the gods refuse the re
sponsibility. The man's spiritual re
birth is not yet complete. There are
still harder tests before he can free
himself from the cramping grip of
the past and stand forth in the clear
light of a better day.
With wonderful appreciation of its
dramatic values dtes William Russell
handle the exacting role of the young
mountaineer who is the hero of this
stirring Stephen Fox drama. Famed
in the past chiefly for his dynamic
stylo of acting, Russell now adds a
new notch to his professional rennta-
tion by his amazing ability to project
the delicate emotional shading re
quired for the part he enjoys in "The
Valley of Tomorrow."
The special half hour mid-week
concert by the Columbia String or
chestra will take place tomorrow at 3
o'clock.
Screen Gossip.
The boast Is being made by C. W.
Koerner, branch manager of the TTnl-
Jay Belasco who stars in the com
edy showing in connection with "The
Great Air Robbery" at the Rivoli the-1
ter, claims to be a nephew of the!
producer, David Belasco. He came to I
Camp Lewis, during the winter of
181 and was for a short time In the
intelligence department of the can
tonment under Colonel Guy Knaben-
snue.
Ben Turpin, who has been spending!
a inree weeks well-earned vacation
in the east, is on his way back to his I
comedy duties at the Mack Sennett I
studios in 1ms Anegeles.
in the first picture Dlay to come
from his directing hands. Charlie
Murray has achieved a success of I
hilarious proportions. It is a two-
reel comedy feature called "By Golly."
m m m
The Peddler of Lies" is one of the
best society crook plays released
lately. The situations combine hu-1
man interest, thrills and suspense.
lne hero. Impersonating a peddler. I
is reany a detective, detailed to cap
ture a gang of society crooks. A
young girl's brother is suspected as
navmg stolen a valuable diamond.
lne nero Knows the young man la In-I
nocent He eventually captures the
tnieves, who were posing as society
people, and were entertained by them.
He thus proves the innocence of the
young man and marries the young
lauy.
Will Rogers has received an invita
tion from the British Naval mission
in Soutli Africa to come over there
and instruct the British subjects in
Africa the art of ronin. The letter
siates mat it believes this would be
very beneficial and useful form of
exercise. He declined the offer with
tnanKs, However.
1 was In bouth Africa onn wlf h
lexas Jacks shows." savs Roirer.
and inasmuch as it took me eighteen
months to earn enough money to get
out of there traveling thid class
wuy, l think I'll stay whers I am for
tne present.
Tickets dropped by the two illu-
minaiea airplanes wnicn . f lew over
IVa vn . t " f?r JerSea the clty Saturday evening advertising
and on Herbert houses alone Unl- the film, "The Great Air Robbery
I.1S -t;om!:dles are showing this have been presented at the Rivoli
week. Mr. Koerner recently received
his discharge from the service and
was brought to Portland when Sol
Baum was forced to temporarily re-
ticket window by a number of small
boys, b ive hundred complimentary
cards to this Universal feature were
dropped by the tws air pilots
NUIHIS STORE IS HOST
SCORES ATTEXD CELEBRATION
OF FIRM'S EXPAXSIOX.
Color Harmonics of Fabrics aicrge
With Baskets of Blooms Amid
Setting of Polished Glass.
In a eetting of polished plate glass,
with scores of color harmonies catch
ing the eye from a variety of fabrics
and with baskets of bloom perched
everywhere, the Mathls clothing
store. Corbett building. Fifth and
Morrison streets, held an opening
yesterday afternoon in observance of
the new and extensive department
which has been added to the business.
Eight years ago the Mathls store,
founded by its present proprietor, C.
Mat his of c. J. Math is &. Co.. made
its bid for the men's furnishings
trade In an establishment 20 by 40
feet. Today it occupies a commodious
corner ground floor, a messanlne and
the large npper floor of 4500 square
feet latest space addition to meet
the growth of Its enterprise.
On Mr. Mathis' desk in the execu
tive offices on the mezzanine floor
stands a wicker basket of flowers
an Imported basket that came from
France eight years ago. For senti
ment finds its place in business occa
sionally, as the basket testifies.
"When we first opened the store,"
said Mr. Mathls remlniscently, "eight
years ago that basket, filled with
flowers, came to us as an expression
of good will from one of the best
fellows and finest gentlemen I have
ever known. It was sent to us by
the late Adolpbe Sturm, member of a
large clothing firm in Chicago, and
to his friendly interest and assist
ance this store owes Its present soc
eeaa, My wile and I hays kept, the
basket, as we have the memory, and
today we brought It out again."
Hundreds of friends called at the
Mathls store yesterday, congratulat
ing Mr. Mathis and his taff upon
their enlarged and improved quar
ters. Two little girls, with baskets
of red and white carnations, pinned
floral favors upon the visitors. An
orchestra on the mezzanine floor
played concert music throughout the
aiternoon.
The entire Mathis store has been
enlarged and remodeled. The men1
antf-young men s clothing departme
occupying the entire upper floor, with
large plate-glass windows affording
excellent light and view, U under the
superintendency of E. A. Hupp, re
cently or Chicago. One of the new
features of the store is the full dress
wear room, where customers who seek
formal attire are fitted and served.
other novel features are the mod
ern revolving suit cabinets, housing
hundreds ef suits, and the specially
constructed cap cabinets, glass front
ed, wherefrom the customer may
choose his headwear at a glance.
Potted palms and ferns are encoun
tered at almost every turn.
folk
M a
r7Jtc JSaster choice
of barticulav
J J
Sweet's Chocolates, too, arc symbols of Easter
not so closely tied up to the spirit of the day, perhaps,
as the inevitable Easter lilies but surpassing even these
in favor with many people of taste and discernment.
No gift is quite so acceptable upon this day
nothing is so sure to win a smile of appreciation.
The name Sweet's covers more than a score
of alluring, well'chosen assortments differing somc
what in the kind of chocolates that go into them but
identical in purity, quality and all-round goodness.
Renown, All-chewing, De Luxe, Rialto, Nuts and
Fruits in Creme, Aristocratic, Super-milk, Fad3 and
Farleies, Wonderland Assortmentthese are a few of
the prominently popular Sweet's varieties. You'll like
them all rich, creamy centers, selected nut meats, lus'
cious fruits, generous coatings of delightful, mellow
chocolate.
cAt bitter dealers here sold
from Alaska to Australia
W. C. Allen Candy Company
Distributors
PORTLAND, OREGON
s EDUCATORS WILL CONFER
MEETIXG Tff BE HELD IX SPO
KANE THIS WEEK.
Conven-
Incubator Plant to Be Moved.
CENTRAXJA. Wash., March SO.
(Special.) A. R. Badger, president
of the St, Helens Incubator company,
announced yf sterday that the Com
pany's Incubator factory will be
moved to Centralis this summer from
Toledo. The location of the plant
here, it Is believed, will be an impetus
to the local poultry industry.
Red Cross "Worker Home.
MEDFORD, Or, March 30. (Spe
cial.) Miss Martha Bullis, well
known young woman of this city and
daughter of S. S. BuIUs, has Just ar
rived home from a year's service with
the Red Cross during which she was
in charge of the embarkation effice
at the Hoboken, N. J pier. ,
Programme for national
tlon at Salt Lake to Be Mapped
Out by Sirs. Preston.
OLTMPIA, "Wash., March 30. (Spe
cial.) Mrs. Josephine Corliss Pres
ton, state superintendent of public
Instruction and president of the Na
tional Education association, has left
for Spokane to attend the Inland Em
pire association convention to be held
March 31, April 1 and i.
While in Spokane Mrs. Preston will
hold a conference with Hugh lie
Gill, field agent of the National Ed
ucation association, and Miss Sallle
Hill, one of the assistant field agents.
At this time a major portion of the
programme for the national conven
tion at salt iake win oe arranged.
Mrs. Preston stated before her de
parture that John H. Finiey, commis
sioner o education of New York;
Payson Smith, commissioner of edu
cation of Massachusetts, and Sarah
Louise Arnold, dean of Simmons col
lege, Boston, Mass., will have promi
nent places on the programme. Mrs.
Preston has named Frank B. Cooper,
superintendent of the Seattle schools,
aa chairman of the. resolutions com..
mittee. '
Mrs. Preston will be chairman of
the Wednesday noon luncheon of the
Spokane Ad club. Other leading edu
cators who have left the capital city
to attend the Inland Empire conven
tion are:
Arthur Wilson, Assistant state su
perintendent; Mrs. Addle Dickinson,
head of the certification department
of the office of the state superintend
ent of public instruction; Mrs.
Blanche Nagel, assistant In rural ed
ucation; Edwin Twitmyer, state high
school inspector; W. ,G. Hummel, state
director of vocational education, and
H. M. Skldmore, supervisor of agri
cultural education.
Boys Accused of Theft.
Ch'NTRAUA. Wash., March 30.
(Speeial.) Glen Allen and Clifford
Griffin, 14 and 16, respectively, were
arrested Sunday by the Centralia po
lice. The boys were in possession of
an automobile said to have been
stolen in Olympia. They were re
turned to that city yesterday.
3. M. Black, Canyon City, Files.
SALEM. Or., March SO. (Special.)
J. M. Black, of Canyon City, has
filed with the secretary of vtate his
declaration of candidacy for district
attorney .for Grant county at the re
publication primary nominating elec
tion to be held In May.
Children Invest $2 621.17.
CENTRALIA, Wash., March 30
(Special.) Central! school children.
"My cliildren have all taken
Chamberlain's Cough Remedy and
it works like a charm," says L. C.
Haines, Merbury, Ala.
since the first of the. year, have In
vested S2621.17 in thrift stamps, ac
cording to a report rendered today by
Edgar Reed, city superintendent. The
Washington school leads the other
buildings with an investment of
$1194.50.
SIOiOTPSEr?
Get at the Real Cause Take
Dr. Edwards' Olive Tablets
That's what thousands of stomach
sufferers are doing now. Instead of
taking tonics, or trying to patch up a
poor digestion, they are attacking the
real cause of the ailment clogged
liver and disordered bowels.
Dr. Edwards' Olive Tablets arouse
the liver in a soothing, healing way.
When the liver and bowels are per
forming their natural functions, away
goes indigestion and stomach troubles.
Have you a bad taste, coated
tongue, poor appetite, a lazy, don't
care feeling, no ambition or energy,
trouble with undigested foods? Take
Olive Tablets, the substitute for calomel
Dr. Edwards' Oiive Tablets are a
purely vegetable compound mixed with
olive oiL You will know them by their
olive color. They do the work without
griping, cramps or pain.
Take one or two at bedtime for quick
4
-mm
Pleasant, purifying
Ozone, created by
Renulife HIGH
FREQUENCY VIO
LET RAY current.
dim a most beneficial
action on diseased
mucous surface.
Improvement is quickly sppsrant In
nmncnml una throat
lections, csttarh and all
diseasesoi the renpirato
ryorsans.Whilediractly attacking local cundi.
t;on it also build up
the blood itself.
torn m!) tho pnalbtllttai f
thim mort.m trui.nl. t'r.
ftttijr Kf. and fowartullr
a-ffacDvc
V10UT MT BOOK
SENT FREE
Vim 4 at
Homm fort
RlMUfnstrMI
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tte joaen
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CsVe-llC
i Rest for a
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ALU HAT CO,
Exclusive DUtrlhatora. ISO nr4 ra?
aas Ustrtsea, rsrtlaad. Or, alala 740
- I