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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 7, 1922)
u THE MORNING OREGONIAN, TUESDAY, NOVE3IBER 7, 1922 13 COURT IY COMPEL UUHlEn TO" PAY BILL Action in Behalf of Paving Contractor Possible. - DEBT IS YEARS OVERDUE Procedure Would Put City in Po- ' sitlon Similiar to Bank ruptcy, It Is Asserted. Intimations that the federal court may take charge of the finances of the city of Rainier, Or., by order'ng the payment of obligations in the order in which they were contracted, was made yesterday by District Judge Bean in the- hearing of a suit brought by F. L. Stewart, paving contractor, against that municipality. The court refused to grant the plea made by Stewart that the city tie ordered to levy a special tax to settle a bill due him, but declarea that if the city fathers did not de vise some scheme to meet the town's obligations the court might "be disposed, to act. Such action, if taken, lawyers say, would put Rainier in a position sim ilar to bankruptcy. The aeDi, wnicn has brought the finances of the little city into the limelight, has been owing since 1916, and unpaid warrants, issued after a Judgment in the state courts, have been out tanding since 1918. Plaintiff Gets Judgment. According to Stewart's complaint, he had been engaged by the city t pave certain streets in 1916. The Rainier municipal authorities neg lected to create an improvement dis trict to pay the bill. When he could not get a settlement from the city, the contractor carried the caee to the state courts and in 1918 obtained Judgment against the city for J3861.55. Warrants to cover the judgment were issued at once, but were in dorsed "not paid for want of funds." After several years of dickering with the municipal authorities Stew art brought action in the federal court, several months ago, to force the city to levy a special tax to pay the outstanding warrants. When the matter came before Judge Bean yesterday morning the jurist held that'the court had no authority to Issue such an order. "This court cannot order a tax, as the city of Rainier has already reached the legal limit of taxa tion," the judge said. "The con stitution of, the state, under which the city operates, prohibits any municipality from levying more than a specified .amount of taxes. This court cannot compel the mun icipality to do an act which is un constitutional. Election Might Be Called. "The plaintiff may request the city authorities to call a special election upon the question of pay ing its obligations and the court might compel the city to take that step. "It is probable that if the city should refuse to levy the tax the court might compel it to use funds raised by legal taxation in payment of its obligations in the order in which tbey were indorsed 'not paid tor want of funds.' "As neither of these questions is now before the court there is no nead of a decision on that matter at present." Judge Bean said the case had caused him much anxiety, not from the legal standpoint, but because he recognized that the bill should .be paid. The jurist personally advised Stewart again to lay the case be fore Rainier officials and ask the city council to call an election to authorize a special tax for paying the obligation. In case the council refuses to do this, or the people of the city vote down the tax measure, Judge Bean advised Stewart to make another appearance before him and seek redress through the court. Just how far the court might go, In case its threat to direct the finances of the city were carried out, is a matter of conjecture. Law yers point out that a city, with its disbursements directed by order of a federal court, would be almost in the position of a bankrupt. CASE DRAGS 4 MONTHS Moonshiner Finally "Cans" Law- t ycr and Gets Out of Jail. After Ross Turner, accused moon shiner, had been in the county jail four months, without a word re garding his fate, he decided that it was time to can his lawyer. He appeared before Federal Judge Bean yesterday afternoon, pleaded guilty. was let off with a $100 fine and got 60 days in which to settle with the government. Turner's case was such an ap parent miscairiago of justice that even Allen Bynon. usually a hard hearted federal prosecutor, softened and recommended leniency to the court. Turner's offense was com mitted at Halfway. Or., last winter. The Liver Is the load to Health If the liver is right tha whole system 10 nyuu carter Little Liver fllla win genuy awaken your Blueeish. clopcred- np liver and re- He was indicted by the grand jury and a bench warrant was issued for his arrest. But before the grand jury had acted, he had moved, with hio family, to Yakima, Wash. I Turner was arrested last June and placed in the county jail. He employed a lawyer, whose principal work in the prisoner's behalf was to take charge of $60 of the man's money. After lying in jail, without trial, Turner decided that he was not getting speedy justice and ac cordingly "fired" the lawyer, forc ing him to return the fee. When Turner appeared before Judge Bean, Mr. Bynon recommended a small fine and offered no objec tion to a 60-day stay in order that Turner might get his freedom and a chance to earn the money. Turner, according to Mr. Bynon, has a large family, who have been destitute during the time he has remained in ja.i. POLLS TO BE OPEN 8U1T08PJ. How to Cast Vote Away j From Home Explained. S Five Instruments Provide "Strings" of Symphony. Portland Orchestra Ha Strong Section of 40 Players. 9 CERTIFICATE IS NEEDED VTOLDHCEDUQ DOUBLE BA55 BY P. E. N. Article 1 The Strings. VIOLIN'S, violoncellos and double basses form, with violas, the body of strings which is the forma tion of the symphony orchestra. The viola is not pictured in the accom panying illustration because it dif fers from the violin only in that it is a little larger and has a deeper compass. Violas are the tenors of the strings, cellos the baritones and double-basses the basses. First vio lins are divided into two groups first violins and second violins. First 'iolins are the sopranos of the strings and second violins the altos. All symphonic music is written in five parts for the strings and de mands for its proper performance a sufficient number of first and sec ond violins, violas, cellos and basses to play the parts. If an aggregation of players cannot supply this "quin tet of strings," as it is called, it is not a symphony orchestra, although it may style itself one. The Port land Symphony orchestra has a par ticularly strong and beautiful string section of about 40 players. The harp, while a stringed instru ment, because it is plucked instead of being bowed, is not classed tech nically with the "string" of the orchestra. It is often used, how ever, with transporting effect. - By Helen Decie llli IT MIGHT be thought that only in a slum neighborhood the passer by may see and hear peope looking out through open windows and shouting "summonses" to laggard children. Yet the scene illustrated today may be witnessed and heard u many a prosperous-looking neigh borhood, where children attend good schools and return to good-looking homes. How can their manners be aught but rude when this public screaming of their names is all too familiar a sound to them? How can they be anything but "common' after such daily examples of com monness? Anyone may lack means, but no one need lack manners. It is grossly ill-mannered to shout names in pub lie, and the offense is emphasized when 'the shouting is done from the windows of a house. The admoni tion, "speak gently," is one of the first and finest principles of true courtesy, which, like its cousin char ity, should begin at home. Ballots of Those Who Have Been Allowed to Vote in Advance to Be Distributed. 1 lieve constipa tion, stomach tire bowels, M tite, sick head CARTELS ITTLP che and dizziness. Purely vegetable. J UU UCCU U1CIU. (Small PHI Small Dose Small price FOR CONSTIPATION BILIOUSNESS Headache INDIGESTION Stomach Trouble -SOLD EVERYWHERE- DRUNKEN DRIVERS FINED Two of Offenders Assessed Heav ily and Licenses Taken. Driving while intoxicated and re sultant collisions with street' cars cost twJ autoists heavy fines and the loss of their driving licenses in Municipal Judge Ekwall's court yes terday. John Watts, a lather, was fined $75 and had his license taken away for a year. He was accused of having crashed into a St. Johns car at Ainsworth and Greeley streets .Saturday night while under the influence of liquor. L. L. Hash berger, a companion, was fined $25 for drunkenness. J. W. Clark was assessed $50 and lost his license for a year for im bibing too freely and then driving his machine into a Woodlawn car at Dekum and Union avenues late Sunday night. Polls will be open in today's elec tion from 8 A. M. to 8 P. M. Qualifications of a voter, except as modified for electors voting only for state and district officials, are set forth in the prescribed oath as follows: 'You solemnly swear or affirm that you are a citizen of the United States; that you are of the age of 21 years; that you have been a resident of this state for six months next preceding this election; that you now reside in this precinct; that you have not yet voted at this election and that your true name js as you represent it to be." Oath Is modified for Some. If the elector claims the right to vote only for state, or district and state officers, the oath is modified accordingly, for Qualified electors may vote in any part of the state today for candidates for state of fices, provided they either present a certificate -obtained from their county clerk or have their vote sworn in. In Multnomah county it is necessary to take to the polls six freeholders in order to swear in a vote but in all other counties it is necessary to have only two free holders vouch for the voter. Electors who may be away from home but still in the same con gressional district may vote their preference for congress as well as voting for state officers, in the same manner as just described. Provisions Not Generally Known. These provisions are not gener ally known and understood. They are in accordance with the election laws and are safeguarded by having the ballots of these visiting voters specially marked and deposited ia a separate ballot box. The certifi cates are a special form and the voter's registration card does not serve the purpose. Three classes of voters have been privileged to cast their ballots in advance. These are students at tending some college, government employes and commercial travelers. For these classes of voters it was necessary to obtain ballots from their home precincts and place them in the hands of the county clerk of their home county. County Clerk Beveridge last night had about 75 such ballots in his possession. To day it will be necessary for hiB office force to convey all these bal lots to the precincts in which they properly belong, where they will bo counted with all other ballots cast by the voters in person. Transfer Card Law Faulty. Theoretically, a voter, who has changed precinct residence within the 30 days since registrations closed would be privileged to ob tain a transfer card from the county clerk permitting him or her to vote in their new precinct. The law which would make this possible, however, is faulty for the reason that this is a legal holiday , for the county officials. Inasmuch as the county clerk's office is closed such a transfer card may not be ob tained today. The alternative is fr the elector to return to his old precinct to vote or have six free holders swear in the vote in the new precinct. In cases where it is a matter of hours as to whether or not an elector has been in the state six months, the ruling is that he must have been in Oregon six months prior to noon of election day. The same ruling applies to new voters who become 21 years of age by that hour. Multnomah Has Two Ballots. In Multnomah county there are two ballots to be voted in today's election the general ballot contain ing names of nominees for state, district, county and city officials, and thft senarate hl!nf r.n tv posed authorization for two new bridges. In voting for city bfficlals, the Portland elector may express second and third choices and such votes have weight in determining the final -election result. Voters should bear this in mind, noting, however, that there is no provision - for vot ing second and third choices on any other portion of the ballot. For the benefit of the great num ber of voters who do not know or seem always in donht as to where to mark the ballot it needs to be repeated that the X-mark should be placed just after the num ber assigned the candidate one is voting for. Expressed another way, the mark is properly placed between the candidate's number and his name, thus: 212 X Jones. This ap plies also to measures on the bridge ballot but not to the mu nicipal ballot, where columns fol lowing names of the candidates give space for voting first, second and third choice, as plainly indicated by the typography and instructions. PEOPLES HILL OPEN i Ik, DISORDERLY ACTS DENIED Man, Badly Beaten, Fined $20 and Woman Is Released. "When Minnie gets mad, there's no shutting her up and you can hear her for three blocks around. Why, judge, if that's disorderly conduct, we'd be in jail all the time, Minnie and I would." That was the defense of Sam Makin, a Sikh, when he was ar raigned into munfeipal court before Judge Ekwall yesterday, much the worse for a beating. Police were called to a lodging house at 462 ti Glisan street Sunday night by neigh bors. Both were sent to jail, Makin was fined $20 and Minnie released. Read The Oregonian classified ads. EXTENSIVE IMPROVEMENTS MADE IN THEATER. I i Super-Feature Screened From Co Han Doyle Story to Be the First Attraction. Announcement was made yester day by C. S. Jensen of Jensen & Von 5 Herbert that the Peoples theater. V, will reopen on Saturday, November v 1. Many extensive improvements A have been made in he house dur- 5 ing the period that it was closed. R The opening attraction will be the super-feature screened from the A Our Store Will Be Closed Saturday Armistice Day Plan to Supply Your Double Holiday Requirements Early in the Week ANNOUNCEMENT EXTRAORDINARY Special Exhibition of Franz A. Lundahl's World-Famous Painting One of the World's Greatest Canvases im This Picture Is Valued at $85,000.00 Size 9x14 ft. Wherever this wonderful painting has been shown it has created intense interest. The reverence it inspires is universal and men every where stand before it with uncovered heads because in that figure upon the cross. Lundahl has pictured with great accuracy the last agony of Christ, who died for men. The painting will be on exhibition, beginning today, in a special setting on the third floor. You are cordially in vited to see it. Admission free, of course. S. &. H. Stamps Given on Charge Accounts if Paid in Full by the 10th of Month At Olds, Wortman & King Today's Programme 9 .-00 A. M., Rotunda, Main Floor: Grand Chorus Employes Only Direction Sirs. Fred L. Olson Tea Room, 4th Floor 12:15 P.M. Direction Mrs. Fred L. Olson Vocal Solo Mrs. Elizabeth Nelson, Soprano Vocal Solo Mrs. Phern Nash Violin Solo Mr. Norris Ail, Baritone Violin Solo Mrs. L. W. Waldorf Piano Solo Miss Nettie Leona Foy Accompanists Miss Mary Bullock Miss Nettie Leona Foy American Express Travel Bureau lietween Elevators, Second Floor. RELIABLE MERCHANDISE RELIABLE METHODS. (CVl RELIABLE MERCHANDISE RELIABLE METHODS. LVWB'SON. ALOCT. WEST PARK. AND TENTH gTREETS-i Portland Agency for Foot-Saver and Edncator Shoes. LINENS A fresh new supply of snowy linens is an important item on the housewife's list of holiday needs. Our stocks are now complete, offering splendid selec tions in Table Cloths, Napkins, Damasks, Scarfs, Centers, etc. Let us suggest early choosing while stocks are at their best. Richardson's Pure Linen Table Cloths Cloths, 2x2 yards at $7.35 to $13.15 Cloths, 2x2 yards, $9.45 to $16.00 Cloths, 2x3 yards, $11.25 to $19.50 Napkins to match, $9.45 to $19.50 Special showing of new Italian 'Cut work and Madeira Linens. Inspection invited. Linen Department, Main Floor. 3 Lbs. Best Coffee $1.15 Priced Special Fourth Floor Choice of M. J. B., De pendable or Golden West. Vacuum packed in air-tight tins. Better lay in (JJ" "If? a good supply. 3-lb. tins for DiAtl Shoulder Hams Special -f Q Pound lOC Armour & Co.'s selected Picnics the kind you like so well. Only 200 of them so .place your order early in the day. On special sale today at 180 a pound. Other Grocery Specials Shredded Wheat Biscuits, package 110 Oest's Marmalade, special, 2 jars 350 Lima Beans priced special, a can 150 26-MuIe-Team Borax Soap, 21 for $1 New Dromedary Dates, 2 pkgs. 450 Model Grocery, 4th Floor Garment Salons Second Floor MM mmtei m i WM-Jt - IP Iff CD CD Wk YOU An Important Opportunity to Save Great Sale of Women's Dresses Offering Values Extraordinary - One Price There is no cause for this special low price except to present you with another demonstration of this store's leadership in value-giving, which is reason enough to make this a very good time to anticipate holiday requirements. Latest Winter Modes Latest Winter Colors Here are Dresses that are eminently suited for all occasions every model is fashioned in good taste, just such styles as you would expect to pay $25.00 to $27.50 for in the regular way. Youthful blouse effects are much in evidence, but there is also a representative showing of other popular styles including coat, straight-line, paneled and draped effects. Gabardine Twill Satin Tricotine Crepe de Chine Tricolette Velvet Georgette Crepe Flowered Crepe Many of the Dresses have fancy vest fronts -of lace and crepe and novelty beaded or cloth belts. Braids, buttons and ribbons are used in the trimming with many beautiful models in embroidered and beaded effects. That these Dresses are worth far more than the above price is apparent at a glance. See them and judge for yourself. Q QPJ Sizes 16 to 44. Specially priced for today's selling at OAteteJ Women's Bath Robes Special, $4.75 Second Floor A warm Bath Robe is so essen tial to home comfort that no woman can afford to be without one especially when they are selling for so little. Made from heavy grade blanket material in a large selection of pat tern's and colors. Full range of QA 17 C sizes. Priced special for today's sale J Women's Blouses Special, $5 Center Circle, First Floor Tailored and dressy Blouses in many pleasing styles. Of splendid grade Georgette Crepe, Crepe de Chine and Radium. Latest models, trimmed with laces, beads, embroidery, braids, etc. White, flesh, bobolink, jade, beige, henna', jockey, Jr AA black. Sizes to 46. Priced special BOvU Stamped Bed Spreads $2.85 On Sale at Bargain Circle, 1st Floor These attractive Spreads sell in the regular way at $3.50. Applique and French knot designs stamped on good grade unbleached muslin. CJO QK Limited quantity. Special D00 Tea Cloths, stamped on Kfjp striped glass crash 3 for only 0Js We give S. & H. Trading Stamps. Children's Rompers, stamped in neat, easy-to-work designs on good strong Holland cloth. Sizes 2, QQ 3, 4. On special sale today at "Ot Pillow Slips of excellent grade bleached tubing. Stamped in attrac tive designs, with hem- P" OQ stitched edge. $2.00 values tDl.O No Telephone Orders Accepted for Above Items Sale of Drapery Materials Department, 3d Floor Many women will welcome this opportunity to sup ply needed' curtains and materials for holiday gifts bags, scarfs, . etc. AT SUBSTANTIAL SAVINGS. $1.50 Terry Cloth at 89c Art Cretonnes 29c Floral and striped Terry Cloth also some that are double faced. Suitable for window drapes and other uses. Rich in color and appearance. Values CQ tn S1.KO: snpcial at OIi Novelty Cretonnes in a large selection of patterns suitable for drapes, box covers, cushions, furniture coverings, etc' All the best colors. Values to 75c. Special, yd. We Give S.&H. Stamps 29c Terry Cloth, formerly selling to $2.50 $1.39 yard. $3 Draperies at $1.89 Double width materials Madras, Silks and Sundours, in plain and figured designs. The range of colors af fords wide selection. Fabrics selling here- 1- QQ tofore up to $3..00. Priced special, a yard 0-LO The Choice of Discriminating Women Everywhere Gossard Corsets "They Lace in Front" THE secret of successful dressing lies in correct corset ing You cannot expect to have even the most Parisian of frocks look well unless the right foundation has been provided. Select your corset with care and have it prop erly fitted. Our expert cor setieres will take pleasure in helping you select the style best suited to your figure re quirements. There's a Gossard Model For Every Type of Figure from the slender miss to the woman of full propor tions. And every Gossard model is the last word in corset fashion. Step in and let us show you our splendid stock of these famous Cor sets. Priced $2 to $25.00. Corset Salon 2d Floor J if sll m 7. . ". - lake i our cash Discount m s. & H. Green Trading Stamps We Give Them Free With Purchases. New Gossard Brassieres great variety of dainty styles in all the favored materials. A Gossard Brassiere will give your figure that trim appearance so much to be desired, and completes correct cor seting 590 to $3.50 ! I i I i 2 ! B'.ory by Conan Doyle, "The Hound oi the Baskervllles. , . ,"And that Is only a beginning, so ! far as big pictures are concerned," j eaid Mr. Jensen yesterday. "Natur- ally, the Peoples will be strictly a first-run house and playing only) the biggest and best pictures. I booked 'The Hound of the Basker villes' as the opening . attraction because it is a particularly strong leature. "When we were running the Peo ples before there was a paucity of good pictures. That condition al ways prevails about that season. Now some very splendid pictures are being released, and the list that we have booked for the Peoples will be a very pleasant surprise to the theater-goers in this city. "Now the proper fitting of music to pictures is of paramount impor tance, and in that respect I am spar ing neither time nor expense to get an orchestra that will reflect credit upon the house." Mr. Jensen would not divulge the titles of any of the special features that he has booked for the Peoples theater. He said he would have l.a km, an ennnor hilt hf WR not satisfied with what the market offered in theline of features, and A declared that he held hack until a late date in order to obtain just the kind of pictures he desired for the Peoples. Highway Unit Under Way. FOSSIL, Or., Nov. 6. (Special.) The first earth on the last section of the John Day highway in Wheeler county was hauled this week when George Roland and John Hittle be gan their contract of grading the road through Fossil. As soon as a little grading has been com pleted the work of graveling will be begun by teams employed by the WE Oil Sold Everywhere county court. Two bridges will be built by force account. 'some sandwich!" Pimento Cheese RELIEVED CONSTIPATION "Suffered a great deal from con stipation," writes. Herbert B. Dow, Portsmouth, New Hampshire, "and never found anything to take the place of Foley Cathartic Tablets." Biliousness, sick headache, bloating, gas, sour stoniach, bad breath, con stipation and other- digestive dis orders quickly relieved with Foley Cathartic Tablets. This wholesome physic does not gripe or nauseate. Sold everywhere. Adv.