THE BUITOAY OBEGQNIAN, .PORTLAND, SEPTEMBER 7, 1902.
MR. FAY SAFE HOME
21
lAdventure With Wisconsin
Officers Is at an End.
FRIENDS GREET HIM WARMLY
Judge Pipes Sets Forth tho Need of
IiesrlsIatlTe Action to Prevent
'Similar Occurrences in
Future.
C. li. Fay and Judge M. Ii. Pipes re
turned yesterday morning from Mandan,
N. D.. where Mr. Fay secured his release
from the custody of Sheriff Hess, of Wis
consin. It was two weeks last night since
Fay was arrested in Portland on the
false representation that ho was a fugi
tive from Wisconsin. The prompt action
of Blair T. Scott In locating Mr. Fay and
the Sheriff, and the vigorous efforts of
Judge Pipes, were all that kept Mr. Fay
from being taken to Wisconsin to, be
tried in the courts of that state. Mr.
Fay returned in excellent health, and
apparently none the worse for his forced
. t ... All
in j j nan way ucrus wc muuucuu
nay long yesterday he was receiving calls
trom scores of friends, who expressed
their pleasure In learning of his return.
jEvery two or three f minutes he would
have a call to the telephone to talk with
a friend who inquired after his welfare.
Mr. Fay expresses the deepest gratitude
for the kindly interest that has been tak
en in his case.
When seen at his office yesterday Mr.
Fay said that he has no complaint to
make against Sheriff Hess, who
took him away. He knows that
the Sheriff did no more than make
an effort to take his prisoner to Wiscon
sin without encountering the. obstacle of
habeas corpus proceedings. After they
left Oregon the Sheriff showed Mr. Fay
all possible courtesies and gave him no
unnecessary trouble. The North Dakota
officials treated him with great kindness,
and, though nominally under arrest at
Mandan, he was allowed to go and come
as he pleased.
It is against Dufur, tho man who
caused his arrest, and against the po
lice department of Portland. that
Mr. Fay has a grievance. Whether
lie will bring criminal charges against
Dufur he has not yet decided. A com
plaint was sworn out here a week ago
charging Dufur with blackmail, and an
effort was made to have the man arrest
ed in North Dakota, but Dufur got a
hint of what was going on and he left
quite suddenly. When Dufur is again
located Mr. Fay and his attorney, Judge
Pipes, will decide what to do regarding
a prosecution.
Mr. Fay does not charge that the Port
land police deprived him of an opportuni
ty to confer with his friends and attor
neys. They gave him the use of the
telephone at police headquarters for three
hours, but for some reason he was un
able to find Judge Pipes, and in the be
wilderment occasioned by his unusual
eluatlon Mr. Fay did not think of many
sources he might have appealed to for
assistance. He thinks that it was at the
suggestion of the Portland police depart
ment that Sheriff Hess took tho boat
down to ICalama at 10 o'clock In the ev
ening instead of waiting for the train
two hours later or remaining In Port
land over Sunday. However that may be,
he knows that if the Portland police
showed any favors at all. they were not
In behalf of protecting a citizen and tax
payer who has maintained a good repu
tation In this stae for many years. Know
ing little of legal proceedings he readily
accepted the view that he must go to
Wisconsin for trial, when. If he had been
informed of his rights by the Portland
police, he would have insisted upon a
hearing in Oregon first. Knowing that
ho had many friends In Wisconsin, he
did not fear to go there for trial. He
had planned before reaching Mandan to
Bend forward dispatches from St Paul
arranging for legal assistance in his de
fense.
Judge Pipes thinks that the proceedings
Jn this case, show a need of an amend
ment to the extradition laws In this state
uo .u urovioe mat no-man shall be
taken out of the state until he has had
ample time to consult with friends and
Whe cour.ts- In sPklng yester
day of the case. Its legal bearings, and
Sid " PUbl,C Ju(3s P1p"
"If this were Major Fay's private jrrtev-
fenC?i; uld "ot tro"blo you with
It. But It Is a public wrong. The State
)of Oregon has been abused. By a fraud
KSSeStfaon.hier execuve, she has
een led to do violence to the legal rights
Pf one of her own citizens. It does not
lessen the wrong that the Governor is
C J yiame- antJ. indeed, his energetic
Efforts to nullify tho fraud show that he
reels as keenly as we do the Injury to
Jthe honor and dignity of this state and
Jits people.
, '"When I arrived at Mandan early Sat
urday morning I found Major Fav at the
fetation. Although nominally in the cus
tody of Sheriff Weeks, of Mandan he
rwas entirely free to go whero he chose.
Pr- Dufur. the Wiecon.9in complainant,
hvas on hand at 2 o'clock, and made an
Exhaustive argument against the court's
Jurisdiction to Inquire Into the legality
tof the requisition proceedings, on the
ground that an Intermediate state must
give full force and effect to the public
facts of a sister state, and that the Gov
jernor's revocation was Ineffectual out of
Jtho limits of Oregon. Wo argued that any
jcpurt anywhere could at least look into
the Jurisdictional fact of the status of the
faccused as a fugitive from Justice, and if
Jt found that he was not such a fugitive
could release him as not coming within
he class of persons subject to be extra'
Hited. We further contended that, In anv
rvc, iub auxnonty or this Governor was
u lu&e me prisoner, not merelv to the
state line of Oregon, but to Wisconsin,
ind that, therefore. h hft -Xy n
too way to Wisconsin, by virtue of the
regon uovernors warrant We cited
teases where prisoners had been released
because the officer had not proceeded di
rectly to the demanding state. Tho con
Jcluslon we reached was that a revocation
tof the warrant here necessarily termi
nated the authority. The court took our
Mew, and overruled the motion to quash
the writ and required the officer to make
115 return, j.nis Being made, on Tuesday
nother argument was made by Assist
nt Attorney-General Phllbrook for the
Vlsconsln officer, and Mr. KVint,- or,A
jelf for Mr. Toy, upon a demurrer to the
eturn. This return ndmlttprt iicn-.
:Ion that Mr. Fay was not In fact a -fugl-
iv c nwi Wisconsin, ana also that the
overnor of Oresron had rvovi ,t -,.
ant The Judge adhered to his first view
ua reieasea nr. Fay.
"Before I reached the scene of conflict
"r. Fay had alreadv won thp rnntirinnna
and respect of everybody In Mandan and
Bismarck. His treatment
that could bo desired. I
Jcourtesy by the court and officers, mclud
llng the able Assistant Attorney-GcneraL
'To the swift and accurate work of Mr.
Shaw and Mr. Voss, our local attorneys,
Jls due our success. Mr. Shaw, who ap
peared with me in the argument was
altogether admirable. Sheriff Weeks was
(specially considerate.
i "Mr. Dufur went away Saturday night,
tand did not stay upon the order of his
.going. The warrant to the Bismarck
Sheriff for him is supposed to have ac
celerated his movements homeward.
I "This case will probably draw the at
tention of the Legislature to some rem
'edy for such action as this. Several states
Siave parsed laws regulating the proced
ure of the Governor In such cases to
prevent abuses of extraditions, reaulrlmr
One of the Sights
ALL VISITORS to the city should
l take a look through our big, busy
store. Here are gathered together
the products of many of America's finest
mills and factories, not to mention the
great quantities of goods which are made
up by us. It is our aim to keep in stock
everything that goes into the furnishing of
a house, arid most everything that is used
in hotel furnishing.
Carpets
This department is on the second floor,
where are to be found hundreds of beautir
ful . patterns in great yariety of colorings.
We-aim to suit the most fastidious taste.
Draperies
Our designer will furnish sketches and
estimate the cost of draperies on application.
Fancy shape, tall, white iron .CIO CA
bed, very ornamental P'"J
Best Place, to Trade
SINCE 1878, when this business was
established, it has always been our
idea that we wanted people to feel
that our store was "THE BEST PLACE."
Best because we aim to always have prices
as Idw as the 1 lowest. Best because we
continually are scouring the markets for the
latest styles and the most attractive goods.
Best because we have such an immense
assortment of durable novelties at reason
able prices.
No Misrepresentation
At our store you get exactly the thing
you buy and our salesman will explain all
about the qualities of the different goods.
Two
New Cars
Last week we unloaded two cars of new
furniture. This is the first installment of
goods for the fall trade. Our store is the
place where you can see what is UP-TO-DATE.
Good sblid bed for little money, colors
white, green or blue, or CQ QC
4-4 sizes, special price.; pOyj
Art iron bed, whjte or cream color, baked
enamel finish, brass trim- COO f A
mings. very heavy castings Pv
The best bed ever made for theprice, very
heavy castings, brass trim- Jfi A A
mings, assorted colors pi-J.VV
i
ijljj j
A very popular pattern, assorted colors,
or 4-4 sizes, chills fin
ishedwithVat 4y.UU
A steel cook stove, drop oven door,
asbestos lined, cast top. All the advan
tages of a steel range,
only -,.
$22.50
This solid oak bedroom suit, has large 24
x30 French mirror. They will soon be
gone and we cannot get COC A A
any more at this- price px.2.vv
No other store has
extension tables,
them.
A six-foot round table, pol-
lsneaoak
such good values in
Come just to see
$12.50
Beautiful quartered oak square Jjg QQ
Oak extension table, fancy fluted C A A
lees, well finished golden colorM5,vv
Six-foot oak
table
.$8.50
Peerless Leader stoves in many sizes.
One like the above No. 8
fully guaranteed
$13.50
CASH OR CREDIT
H. E. EDWARDS, 185, 187, 189; 191 First St,
CASH OR CREDIT
proof of the fcts. North Dakota has a
law prohibiting a person from being
taken out of the etate until after 24 hours,
thus giving him an opportunity to test
in the home court the legality of his de
tention and deportation. Some law like
these will doubtless receive the attention
of the Legislature hero. While the whole
power of extradition Is drlved fl-om tne
Federal Constitution and laws, acta reg
ulating Us exercise, not in conflict, with
the paramount law, have been upheld.
"No case like this has ever occurred, so
far as the reports of courts show. It has
been repeatedly held that a person not a
fugitive cannot be legally extradited. It
is equally well settled that there must
have been an actual, and riot merely a
constructive, presence In and. flight from
the demanding state. But when the Gov
ernors, upon the representations to them,
have determined this and the other essen
tial facts, a more difficult question is the
extent of the -power of the courts to go
behind executive action. A number of
courts have held that the court of the
surrendering state may examine fully into
the facts, and, if found that the requisi
tion was made upon fase statements, may
discharge the prisoner. The decisions,
however, are not harmonious. It has also
been decided by a Federal court In Min
nesota that a court of an intermediate
state has no jurisdiction In the premises.
It lias also been held, without conflict,
that the Governor may revoke his war
rant. But tho effect of such revocation
without his state is an entirely new ques
tion. I -am confident that, upon princi
ple, the North Dakota court was correct.
"I think it "Hs due to say that Major
Fay's friends here helped by- their copious
wlrea to fortify the moral lntluence of
our case in Mandan and Bismarck. It is
due to their energy and intelligence that
we were able to detain Major Fay this
side of "Wisconsin and prevent the con
summation of a bold and reckless out
rage. Mr. Blair T. Scptt, particularly, is
entitled to the credit of leading the forces.
"Now, I think that Is enough. You know
I don't, usually discuss my law cases In
the papers, and I yield In this only be
cause It is of the utmost public Impor
tance. One word more: It Is deemed im
portant that a man In trouble shall have
a good lawyer. It is Infinitely more Im
portant to a lawyer that he shall have a
good client. And that I have in this case.
To him is the most credit."
HOPPICKING TO BEGIN.
Exodus to tbe Fields Is Over Work
Will Start Monday.
The exodus to the hopyards of the
Willamette Valley. Is over, and on Mon
day picking will begoing on in every
hopyard in tho state. The crowds. taken
away from Portland yesterday Tvere -not
near so large as on previous days, the
pickers going yesterday numbering only
about 503. No reports have been received
of a scarcity of pickers except In a few
cases where the yards are too small to
be attractive to -people who like the asso
ciations of large crowds. In some places
complaint.has-been made that the harvest
hands leave the threshing machines to
take the easier work to bo had In the hop
yard. Picking has been igolng on in some
yards for three or four days, and it is
reported that a few are nearly half
through. The end of this week will see
the crop more than half gathered, and In
another week the pickers will be return
ing to their homes. The" yield of "hops
is reported lighter In some places than
was expected, tha Is, the yards are not
yielding as many boxes of hops per acre
as it was thought they would. As, the
hops contain less moisture this year than
usual, they will yield more pounds pf
dried hops per box and there will prob
ably bo no disappointment in the total
number of bales.
S. P. Kimball, the Polk County prune
grower, says that prunes will not be
ready to pick before Spetember 15 to 20,
so that the employment of a large num
ber of persons at hopplcking will not con
flict 'with tho engagement of people to
gather fruit Many of those who work
In the hopyards can find work In the or
chards afterward If they so desire. Thero
is no fear that there will be a scarcity
of prune-pickers.
SIGNOR G. FERRARI
The Great Itnlinn Vocal Teacher
Bays a Knabe Grand for
Ills Stadto.
SIgnor G. Ferrari, formerly of Milan,
Italy, but for a. number of years located
In this city, with studio In the Mulky
building, found It necessary, on account
of the Increased number of pupils at
tending his conservatory, to Install an
other new piano, and, upon a careful in
vestigation of the merits of the different
pianos, selected a Knabe .Grand as best
suited for his work. SIgnor Ferrari, as
well as Mme. Ferrari, has the highest in
dorsements of music critics of Europe and
America, and their selection of the Knabo
Is but another evidence of its superiority
over other makes. SIgnor Ferrari's sys
tem of voice training. and building Is far
superior to anything else In this part or
tho country, and he believes In using only
the. best pianos In connection with his
work. He makes a specialty as director
of opera, oratorio and church choirs. The
Knabe piano enjoys and well deserves the
reputation of being the. popular artistic
piano of the present day. The latest
Knabe victory Is Its selection as official
piano in the palaces of the Vatican,
Rome, by Pope Leo XIII. For sate only
by Portland's oldest and largest high
grade piano-house, the Allen & Gllbert
Ramaker Company, 209-211 First street.
ITCHINESS OF THE SKIN AND C
' . ZEMA.
The. only remedy, in the world that will
at once stop Itchiness of the skin on any
part of the body that is absolutely safe
and never failing, is Doan's Ointment.
Free samples at JLaue-Davls Drug Com
pany, Thursday, September 1L
Many "Will Go to Coast, Owing to low
rate. $3 for round trip, many illks will
visit the beaches. For particulars, inquire
O. R. & N. city ticket office. Third and
"Washington.
BROWNSVILLE WOOLEN
MILLS.
Catalogue Free."
Tells how to get direct from the woolen
mill at one-half the regular retail price.
Clothing for men and boys,' blanket's, un
derwear, shirts, socks, macklnaw suits,
corded wool and all- the goods manufac
tured by this popular mill.
Send your name and address to the
Brownsville "Woolen Mill Store, 233 Wash
lngton etreet, Portland, Of.
LOW RATES TO COAST.
O. H. & X. Makes 93 Round Trip Dur
ing Elks' Carnival, Commcnc
Injf September 1. N
In order that visitors and others during
the .Elks' Carnival in Portland may be
given an opportunity to visit the coast, the
O. R. & N. has decided to make the low
rate of $3 for round trip, commencing Mon
day, September 1, to and Including Thurs
day, September IL Tickets limited seven
days from date of sale. Tickets will be
Interchangeable with other lines. For fur
ther particulars call on city ticket office,
Third and Washington streets.
$50.00
REWARD
The above reward will be paid for
the arrest and conviction-of any one
claiming to be our agent. Our glasses
are never sold at your residences. Any
person claiming to represent us Is an
Impostor.
If yon need glasses, see how
much we can save yon.
Solid Gold Frame's, all styles, S3
Gold Filled Frames, warranted
20 years T. . . .1.50
Nickel or Alnmlnum Frames,
, best quality COc
Finest Quality Crystal Lenses,
per pair $1.00
(A small additional .charge where spe
cial ground lenses are required.)
One of the few impossibilities Is to
get -spectacles as goad as ours at the
same price. This Is not idle talk, but
truth, and we can substantiate it If you
will do 'your part. Examinations free,
by the finest experts on the Pacific
Coast.
.OREGON OPTICAL CO.
EXCLUSIVE OPTICIANS.
173 Fourth Street, near Yamhill,
T. M. C. A. Building.
NO PAIN!
NO GAS!
No charge for painless extraction when
teeth are ordered. All work done by
graduate dentists of 12 to 20 years' experi
ence: a specialist in each department. "We
will tell you In advance exactly what your
work will cost by a free examination.
Give us a call, and you will nnd we do
exactly as we advertise.
Set of Teeth . .?5.00
Gold Filling .. 91.00
Gold Crown .$5.O0
Silver Filling . .50
M PLATES
men..
New York Dental Parlors
MAIN OFFICE
Fourth A Morrison Stn.. Portland.
Hours. 8 to 8: Sundays. 10to i. "
Branch offices 723 Market st.. San Fran
cisco. Ca!.: 614 FIrat ave.. Seattle. Wash.
FELLOWS
309 Washington Street
30 Cents
Pound Hoffman House Java and Mocha
Coffee. .
15 Cents
Pound Best Fresh Roast Costa Rica
Coffee.
' 35 Cents
Pound Choice Bun-Cured Japan Tea.
17 Cents
10-Pound Sack Graham Flour.
25 Cents
2 Packages Grape-Nuts.
25 Cent.
2 Packages Malta Vita or Force.
25 Cents
5 Bars Fels-Naptha Soap.
$420-
100-Pound Sack Best Granulated Sugar.
Now is the time to buy Crawford peaches.
283-285
Morrison Street
283-285
Morrison Stfeet
The New Arrivals
It would take a month to describe the many handsome
garments thaj have come over our threshold the last few
days. "We have only space. to tell you what they are and in
vite you in to take a look.
TAILOR SUITS In all the test styles and materials.
TRAMPING SUITS Making a big hit in the East.
WALKING SUITS In the most mannish materials.
DRESS SKIRTS A diversity of styles.
JACKETS The famous Monte Carlo.
SILK WAISTS The latest copies of the Paris models.
FLANNEL WAISTS The Fall's favorite fashions.
WHERE TO BUY FURS
"SILVERFIELD'S OF COURSE."
FURRIERS AND OUTFITTERS TO WOMEN
Small profits and
honest dealings are
making this one of
the leading stores in
the city. Prices to
suit the customers.
Satisfaction guaran
teed on every purchase.
130 Sixth Street
OPPOSITE "THE OREGONIAN"
Strong and durable canvas lined couches Cf Others as
covered in rich velours. One like above. I UiOU low as $5.50
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