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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Nov. 20, 1904)
1 THE SUNDAY 0BEG0NIA2J, POETLAOT, NOVEMBER 20, 1904. DOES NOT GRANT IT Judge George Refuses Injunc tion in Poolroom Case. GIVES SWEEPING DECISION Holds That Pool-Selling Is Gambling, and City Has No Power to Do Other Than Prevent It if Pre vention Is Possible. JUDGE GEORGE HOLDS THAT Fool-eelling -is gamin?, and the city has no power to do other than prevent gamins:. ' The license that the poolsellem have is no protection. The city has no power to grant any license ior gaming or gam bling -of any kind. The city has no power to license gaming or gambllng Jiotrees. The license granted under the ordi nance Is Invalid, and the ordinance is Invalid. "Whether pool-selling Is gambling under the gambling act of 1876,' now in force, may not be absolutely certain, but it may be contrary to section 1030 of the code as a mixed Question of law and fact. This section provides against any act which openly outrages the public decency, and is injurious to public morals. A court of equity finding a man vio lating the gambling laws of the etat, will leave him where it finds him and will not Interfere with the .Sheriff In any way. It will leave him to whatever, remedy he may have in the law elde of the court. It is- the duty of Sheriffs to inform against and diligently prosecute any and all persons whom they shall have rea sonable cause to believe guilty of vio lating the gaming or gambling laws of this state. 4 The application of M. G. Nease for an injunction restraining Sheriff "Word from Interfering with the possession by Nease of the "Warwick Club, on Fourth street, near Alder, "where Nease and others as sociated with him have been engaged In selling pools on horse races, was denied yesterday by Judge George. The Council recently passed an ordi nance licensing poolrooms, and Nease took out a license for one quarter, paying $300 for it, which was the rate fixed by the Common Council After the place had been running about two weeks, it was closed by Sheriff Word, who still has a deputy in charge for the reason1 that Nease refused to promise the Sheriff that he would abandon the poolselling busi ness. The Sheriff contends that he has a right to hold on so long as Nease contin ues to threaten to violate the law, and Judge George, in his decision, has refused to interfere with the Sheriff. Cited State Laws. The court, referring to the law govern ing .gambling in this state, said: "Our gambling statute of 1S76 makes unlawful the dealing, playing, carrying on, opening or causing to be opened or conducted, either as owner or employe, any game played with cards, dice or any other device, whether the same be played for money, checks, credits, or any other representative of value, and in many ways seeks to hamper the commission of such crimes by affording remedies to losers, and awarding notes or convey ances in consideration thereof, and pun ishing owners of buildings or places used for gambling. "The city charter supplements this law and gives to the Council power to pre vent and suppress gaming and gambling houses, lotteries or places where any games are played in which chance pre dominates. It further provides that, whenever the Mayor or Executive Board receives satisfactory information that any house, room, or premises within such city or within four miles of the corpor ate limits thereof is used as a common gaming-house or common gaming prem ises, for playing therein for wager or money at a game of chance, they shall direct the Chief of Police or any other officer of the force to enter such house, room or premises and arrest all persons therein found offending against any law, and to sleze all instruments of gaming, lottery tickets, or lottery policies, and hrlng said articles into court. Scores Poolroom Gambling. "Poolroom gaming Is certainly as bad as any kind of gambling. The element of chance enters into poolroom gaming as much as in any other form, and fine dis tinctions as to whether this or that con stitutes 'any other device' may be set to one side when facing a statute which punishes 'any act which 'grossly disturbs the public peace, or which openly out rages the public decency, and is injurious to public morals. "The law is against subterfuges on mat ters of 'devices,' and certainly a court or equity is not called upon to act by in junction, if there Is any question of un lawfulness under the gambling policy of the law oi the state. "While horseracing In this state Is not unlawful, yet it, by no means, follows that gaining on horseracing is, for that reason, a lawful business. "Betting on horseracing even may not he, in itself, violation of law, and there may be more or less mitigating excuse for it under excitement of presence at an actual race, but the evil of maintaining a gaming-house in the midst of this city to coolly lure cr entice the cupidity of the ordinary human being into gambling for the chance of winning on some dis tant race, that, even conceding It not to bo statutory gambling, is so subversive of public morals as to stay the arm of the court when asked to enjoin a Sheriff from interfering with such gaming estab Ushment. Refuses to Grant Injunction. "In general, an injunction will not be granted to restrain persons from acting as public officers except in very clear cases of an injury immediate, pressing and Irreparable, and this is not a clear case. "The charter of the City of Portland is the latest expression of the Legisla ture of this state as to gaming-houses. and the prevention and suppression there of. Its strong features. In regard to dty omcers entering gaming-houses and ar resting all persons and seizing all Instru ments and destroying the same, may reasonably be read in pari materia with the provision of the state law, and cer tain it Is that the state law made it the duty of the Sheriff to enforce against, and diligently prosecute any and all persons 'whom they shall have reasonable cause to believe guilty of violating the gambling or gamming nuisance laws of this state. and empowered him, as the county con servator, to defend his county against xhose who endanger the public peace or safety. But be that as It may, this court now holds that, on the present showing, it ought not to Interfere with the Sheriff by any restraining or Injunction order in the premises.! "The plaintiff, admittedly, has entangled himself with questionably unlawful busi ness, but a court of equity must leave him and the Sheriff where it finds them. "Equity will not issue any injunption jlo aid pl?J3.Ufr in continuing, i oolselling- house, but will leave the whole matter- to law remedies and to the law side or the court." , On the question whether Nease is pro tected in his liquor license. Judge George said: "If this were the only question this court would hold that the city charter gives the Common Council a right to license saloons for the sale of liquors within the city." The point made that Nease -can go to the law side of the court means that he can sue the Sheriff for damages if he thinks he has been unlawfully dealt with, and thinks he has a case, or seek any other legal redress at law which he may have. DALE GOES FREE. Last of Portland Club Gambling Cases Closed By Defendant's. Acquittal. It took the jury in the Harvey bale gambling case just 15 minutes to agree upon a verdict of not guilty, which was returned to Judge Sears at 4 o'clock yes terday afternoon. This was the last one of the three Portland Club cases. Peter Grant was acquitted several days ago, and a disagreement of the Jury occurred in the Nathan Solomon trial. The charge was a joint one against the three men as partners in having con ducted a game of roulette on a certain date in last July, which was a few days before the house was finally closed by Sheriff Word. The gamblers, before the Sheriff took a hand in the game and put them all out of business, were paying monthly fines to the city, which amount ed .to a sort of a license system. The witnesses who appeared against the-men were E. Quackenbush and W. H. Harkell, who testified that they visited the Portland Club and saw the game of roulette, and other games in progress. Dale made a defense that he was not interested in the gambling games at the club, but only the poolroom. Pat Powers and Peter Grant appeared as witnesses in his behalf. The defense of Grant and Solomon at their trials was that they had sold all the gambling paraphernalia in the place, shortly before their arrest, to E. Richardson. Emmett Williams, the well-known lawyer, testified that he drew the bill of sale and saw the money paid. When the evidence was all in yesterday, Henry E. McGinn, who has assisted In these trials as special prosecutor, asked for a continuance until Monday. Ed Mendenhall and S. C. Spencer, counsel for the defense, objected, saying the Bla zier case was set for Monday, and they were anxious to get through with these trials. They said they were willing to permit the case to go to the Jury without any argument, that the jury ( had heard the evidence, and could decide. Mr' McGinn wanted to make a speech, and Judge Sears denied the motion for a continuance, and limited the arguments to an hour on each side. Judge McGinn made a brief opening address, and when he had finished, Mr. Mendenhall said the defense would waive any argument. This put an end to the speech-making. Judge Sears Instructed the jury, and the trial was soon over. Court Notes. A complaint and summons in a divorce suit filed in Union County by Edna G. Dray against S. A. Dray was served yes terday by Deputy Sheriff Grussi. Suit for $15,000 damages for personal in juries was filed in the State Circuit Court yesterday by Fred Saastad' against the Portland Lumber Company. On July 22, 1903. all of the fingers of Saastad's left hand, except the thumb and part of the index finger, were cut off by some ma chinery, and he was crippled for life. He says the defendants were negligent. Arthur Wright Orton, who alleges that his wife. Ethel C. Orton. eloped with Clement G. Smith, going with him to Den ver, yesterday filed suit against her for a divorce In the State Circuit Court. He accuses her of infidelity and also sets forth In his complaint that she stayed at a hotel In Tacoma under the assumed name of Mrs. C. Wilkes. They were mar ried In Milwaukee, Wis., In July, 1895. M. G. Nease, manager of the Warwick poolroom, indicted for poolselling, sur rendered himself to the custody of tho Sheriff yesterday morning, and was after ward released on his own recognizance, to appear for arraignment Monday in the United States Court. The amount of his ball will probably then be fixed. Sheriff Word still holds possession of the War wick Club premises, and has not yet de cided to vacate. The bail of a number of persons charged with playing poker was fixed, and also that of two Chinese f antan players. ' Edward Stiles, who pleaded guilty to beating Annie Stiles In the face with his flste, was sentenced by Judge George yes terday to three months In the County JalL The woman told Judge George she had known Stiles seven months and said he had no occasion to 111 treat her as he did. Stiles as an excuse said he was drunk and the woman was also intoxi cated, else they would not have quar reled. Deputy District Attorney Adams informed the court that the same thing had occurred before, and Stiles ought to be severely punished to make him let the woman alone. J. G. Seed complains that property which the Sheriff has attached as belonging to his father, John S. Seed, In lots 7 and 8, block 18, Caruther's Addition, the father really has no legal interest in, and the son yesterday commenced suit In the State Circuit Court to have the attachment set aside. The attachment is on account of the Judgment obtained by Orvelle O. Jen nlngs against John S. Seed for $5000 for alienating the affections of his wife. Cyn thla Jennings. Jennings Is trying to col lect the judgment, and for this reason caused the Sheriff to seize the house and lot. J. G. Seed, the son. In his complaint alleges that before he went East in Sep tember, 1902, his father gave him a deed to the property. He was then under the age of 20 years, and unable to hold the legal title, but avers that It was under stood that when he reached his majority the father would alarm the deed. Upon this showing the boy alleges he Is the owner of the place. RESIDENCE AND ST 0BE BUILDERS Sing Words of Praise for the M. J. Walsh Co. Every word you hear in regard to gas and electric chandeliers, imported bronze electric figures, stand lamps, wall brackets, desk lamps, ehow window lighting, store lighting, good Judgment in placing and promptness, is aone ty ji. j. Walsh Co. In lighting your home, store or show windows consult them and you will be benefited. Telephone them now regard ing your lighting for the holidays. MANHATTAJjC ATTEND ASS. Our 1903 office calendar has Just been received and any one desiring one of these calendars can have one by calling at our office for same. MANHATTAN LIFE INSURANCE CO., wiiuam uoioman, manager. 203 Oregon Ian Bldg. THE LARGEST THAT EVER REACHED THE COAST. The If. J. Walsh Co. just received the largest shipment of gas fixture glassware that ever reached the Coast. Call at once and make your selection. Showrooms, 313 Washington street. ITREPLACE HEATING. For mantels, grates, andirons, coal bas kets and spark guards, be sure and look for the M. J. Walsh Co., 343 Washington street Their" line is most complete and up to date. Showrooms, 313 Washington jitreet. WORSHIP THE JOSS Dedication of New Deities Now Taking Place, CELESTIALS HAVE FEASTS Chinatown is a Placeof Happiness and Good Ctfeer, Where the New , Josses Are Implored to Defeat v Plans of Sheriff Word. JOSSES BEING DEDICATED. CHIN" LONG KWONG Keputed to have been 200 years old when he parsed from terrestrial existence; lias temples in Pekin, Hong Kong; and Shanghai; supposed to have acquired great virtues. CHIN KOW CHU Bpnted to be 800 years old, and endowed with everlasting life; can mingle -with spirits and mortals alike;' he is the joes of laughter and is always represented with, a em lie on his face. GA GUIN The great Joss of good fortune, to whom Chin Long Kwoap and Chin Kow Chu are subordinate, and over whom he rules; he is the best-beloved of Joeses, and will be formally dedicated during Chinese New Tear's. Today's Programme. 1 P. M. Worship begins la Josshouse. 3 P. M. Secret and Individual worship in josshouse. 5 P. M. Meesage of good cheer car ried from new Joaaes to the ill in the Chinese hospital. 0:30 P. M. Great feast In all ths res taurants, at which every one will be .made welcome. The first ceremony in the dedication of Ga Guin, the new joss of good fortune, which came recently to Portland's China town from Canton, took place yesterday. The ceremonies will culminate on the first day of the Chinese New Years, when Ga Guin will come into his own, brcatho the breath of life, and take his stand in the proper niche of the joss-house on Sec ond street to defeat the sinister purposes of Sheriff Thomas Word and all others inclined to make It disagreeable for the Chinamen. The opening of the services comes two weeks sooner than It should have come." There is a reason for all this, and Sheriff Word Is mixed up in the reason. A prom inent member of the Chin Wing Chung tong, over which the new joss "will rule, gave voice to the sentiments of China town in this connection yesterday. "Washa malla Tlom Word?" he asked. "Stllng bloke? We fix um." And then, with many labored gestures, he proceeded to explain that, after the services of dedication commenced, tbe mighty Ga Guin and his associate Josses, Chin Long Kwong and Chin Kow Chu, would sec to it that good fortune ruled In Chinatown, and that Sheriff Thomas S'ord would feel the . ill-favor of the sses mentioned if he dared to Invade the sacred precincts presided over by the queer deities. It is Ga Guin and fantan against Tom Word and the law. and the Chinese are not betting on the latter combination. When the dedicatory services are over, Ga Guin will sit above the ornaments in the joss-house. Chin Long Kwong on the one side of him and Chin Kow Chu on the other. The initial ceremony consists of the dedication of these two associate josses, and this ceremony began at 1 o'clock yesterday morning, with the ex plosion of 500 bunches of firecrackers. From that time until midnight last night tho Chinamen enjoyed themselves hugely. At 9:30 o'clock last night the feast took place. At 10 o'clock yesterday morning the climax of the first worship was reached, and at that time the scene was one that will be long remembered by those who witnessed It. The Joss Chin Long Kwong Is reputed to have been 200 years old when he passed from terrestrial to spiritual existence. He has temples in Pekin, Hong Kong and Shanghai. The josses erected for his worship are supposed to be inhabited by his spiritual self in turn, and it Is the be lief of the Celestials of Portland's China town that the spirit of Chin Long Kwong descended and took up his station in the new joss yesterday at 10 o'clock In the morning. Then every Chinaman ruled by Ga Giu and his associates prostrated himself wherever he happened to be at the time, numbers of them In the joss-house, some in the stores, some In the street. Because of his cheerful nature and par ticular virtues. Chin Long Kwong was appointed by the high priests an assocl ate loss of Ga Guin, one of the -most-wor shiped josses in the list. Chin Kow Chu, the other associate joss. Is reputed to be 800 years old, and he never passed from terrestial life. Chin Kow Chu, when he became a saint, be came Invisible and acquired the quality of mingling with spiritual josses and ter restrial ones alike. Chin Kow Chu Is the joss of laughter, and because of this he aids in the protection of Ga Guin, and is respected by all Chinese, the great prin ciple of whose religion Is cheerfulness. There Is an eternal grin on the face of Chin Kow Chu. This Is the j03s ap proached by the Celestial who has a bad case of the "blues." The joss-house Is profusely decorated with joss decorations recently received 'from Canton. The decorations and orna ments were blessed by priests before they began their long voyage across tho seas. Chin Long 'Kwong and Chin Kow Chu have "been placed on the altar In their respective positions, and Ga Guin. when he Is . dedicated on Chinese New Years, will be placed between them and a little higher, as becomes an officer of higher rank. On the day when Ga Guin comes into his own there will be rejoicing in Chinatown, and a least such as rarely occurs. "V And then and then Sheriff Thomas Word, of Multnomah County, may batter at the strong doors and 'chase lottery tickets and' attempt to gather in fantan games, but he will fall, for Ga Guin, the god of good fortune and good spirits, will guard Chinatown and resist all efforts of the Intruder. In celebration of the dedication of Ga Guin's associate gods the Chinese were playing fantan last night In a small room in the rear of the joss-house. The win ners looked upon their luck as an omen of good fortune, and the losers Immedi ately prostrated themselves before the altar and declared to the josses that they deserved tho chastisement for faults com mitted. The great feast began at 9:30 o'clock, and continued until an early hour DON'T FORGET CHILDREN THRIVE WONDERFULLY on Grape-Nuts : and Cream : Look In each pkg. for the famous' lit- tie book, "The Boad to vvellvlUV ERUPTION SPECIALS FOOTBALLS, WATCHES and AIR RIFLES FREE With all Bovs' Suits and Overcoats 50. Doz. Regular MOYER CLOTHING CO. this morning, nearly every Chinaman in the city partaking of the viands. This afternoon, at 1 o'clock, worship will again begin, and another least is scheduled for tonight. A priest from San Francisco is conducting the ceremonies. In his address to the Josses yesterday at noon, the priest delivered himself as follows, according to an Interpreter: "Mighty guards o't Ga Guln, we salute RICHMOND COAL 5w ALL THIS WEEK AT THE MOYER FOR THIS WEEK CHILD'S RUSSIAN, OVERCOATS Military style, belted back, velvet collars sizes 3 to 8 BOYS' LONG OVERCOATS Velvet collar, belted back, sizes 8 to 14 years YOUNG MEN'S LONG OVERCOATS , Ages 15 to 20, gray striped cheviot, vel- dj QCj vet collars . . . MAiD Just 100 Coats in the above lot. MEN'S ALL-SILK 50c values, this week WHEN YOU SEE IT THIRD AND you. To thy mercy we commend our selves. "We have need of you. There are enemies among us, and we are compelled to allow strife, to be disappointed, to give way to anger, to desire vengeance, to feel discord. all of which Is so because we have not had thee. Help us now to live as we ought. Take away the Influence of cur tormentors. Guide us in these things and let us triumph, that we may laugh SHIP "DUNREGGAN i ; ; - jiyi;. From AUSTRALIA has arrived with ?Y full cargo GENUINE RICHMOND COAL (Pelaw Main) for THE PACIFIC COAST COMPANY Now Discharging at Their, Bunkers PRICES TO CONSUMERS S7.QO per ton in IQ-ton $7.25 per ton in 5 -ton $75Q per ton "?s 5-ton Place Your Orders for Winter Supply .:', CHARLES H. GLEIM, Agent Washington St. ; SI PRICES $2.95 $3.45 FOUR - IN - HANDS .while they last at . IN OUR AD, IPS SO OAK STREETS and be iberry and righteous, that we may have good spirits the spirits, over which Ga Guin and thou are kings." County Clerks to Meet. The Convention of County Clerks and Recorders of the State of Oregon will meet at the Courthouse Friday morning next, using one of the courtrooms for the meet Telephones 229&nd? WZ 15e ing place.- The session will last for two days. County Clerk Fields, who has taken a "great deal of Interest In the matter, says that judging from letters he has received the gathering wiy be a large" one. Various topics win be discussed. Mllllgan Isn't that quarrel between you an Casey patched np yet? Qullllgan Naw, but Casey's face la. Chicago News. V i - J' lots lots lots ' . Y-