THE SUNDAY OKEGONIAX, PORTLAND, JUNE 23, 1907.
9
SUNDAY CLOSING
LI IS UPHELD
Judge Cleland Decides Test
Case Against Portland
Liquor Dealers.
STATE STATUTE GOVERNS
City Charter Is Subordinate Dis
trict Attorney Will Clamp Lid
Down Tighter Clubs Must Not
Sell Any Liquor Today.
District Attorney Manning's Interpreta
tion of the state Sunday closing law was
upheld yesterday by Presiding Judge
Cleland of the Circuit Court. C. 8.
Stephens, In whose case a test of the
law was made, was found guilty of
violating the law last Sunday, the court
holding that the state and not the city
hud Jurisdiction in the matter. As Judgo
Clrland based ills decision on simitar
cases in which the Supreme Court had
ruled in favor of the state, it Is believed
an appeal will not be taken.
After the decision was announced
District Attorney Manning announced
that the lid would be clamped down
tighter than ever today. The uma
orders to the police which governed
the closing of the saloons last Sunday
will be in force today, but the blue
coats have received further Instruc
tions to see that no liquor is sold or
given away at any of the private clubs.
Orders have been given to keep a
strict watch, not only upon all the- sa
loons and clubs, but on the drugstores.
Any druggist who sells liquor -will ba
promptly arrested.
"I am going to see that the Sunday
closing law is rigidly enforced," said
Mr. Manning last night. "While I am
well pleased with Judge Cleland's de
cision, I was confident all of the ,tims
there was no question about my stand
fm the, matter. Judge Cleland's de
r!in was strictly In accordance with
the law. and it should put an end to
any further question about the matter.
Will Watca Druggists, Too.
"The police will watch the saloons,
clubs and drugstores tomorrow, and
when they find a man selling or giving
away liquor over a bar, or selling it
over a drugstore counter, arrests will
follow. There are to be no halfway
measures; all places must remain
' closed."
There was a rumor that the salons
would remain open and serve soft
drinks only, but whether this will be
tried Is not known. Mr. Manning haa
said that all saloons must be closed,
and it is more than likely that should
any of the saloonkeepers open their
places, even for the purpose of selling
soft drinks, they will be arrested. The
orders to keep the club bars closed
will come as a shock to the club mem
bers, who have been boasting that it
"would not be necessary for them to go
"dry." Last Sunday some of the club
bars were open and drinks were
served. This was because It was not
believed that Mr. Manning's closing or
der' included clubs: There will be no
doubt today. Through Mr. Manning,
all the clubs were notified that if they
sold liquor they would be violating the
law, and they were told to "go dry"
today.
By the decision "'rendered in the
Stephens case, the similar demurrers
filed by the four other saloonkeepers ar
rested last Sunday are also overruled.
Following is the text of the decision:
Text of the Decision.
"Defendant (Stephens) is charged
with the crime of selling intoxicating
liquors on Sunday in the City of Port
land. A demurrer to the information
which is drawn under section 1974,
Code, raises the question to be decided.
"It is claimed the present charter of
the City of Portland so provides for
the government of the sale of liquor
that the state laws relating thereto are
repealed, or suspended, in their opera
tion within the city. The first posi
tion assumed by defendant is that the
grant of power to "regulate and re
strain' is so broad and comprehensive
in its terms that the state Is necessar
ily excluded from exercising any con
trol over this particular business In
the city. The particular portion of
the Charter relied upon to support this
contention is article IV, section 73, and
especially subdivision 48 thereof.
"Decisions of the Supreme Court of
several states were cited by defend
ant's counsel, particularly those of
Missouri, Illinois and New Jersey.
These need not be discussed because,
in the opinion of the court, the Su
preme Court of Oregon has held con
trary to the contention of the defend
ant. Falmer vs. State of Oregon, 3
Oregon, 66. This was a prosecution
under the same Sunday law. and a con
viction was sustained, notwithstanding
the fact that the charter of Salem gave
the Council exclusive power to license
barrooms, etc.
"Stata of Oregon vs. Horton. 21 Ore
gon. 83. This was a prosecution for
selling liquor to minors. Defendant
was convicted, but the Circuit Court
declined to declare his license forfeit
ed, and the state appealed. Judge Bean
delivered the opinion of the court, in
which occurs this language:
Power Can Be Delegated.
" The granting of such licenses may
be regulated by a general law, or it is
competent for the Legislature to dele
gate to a municipal corporation the ex
clusive power to grant licenses for the
sale of intoxicating liquors within
their limits. But such licenses, when
- Issued under the general law. or by
the municipal corporation, are sub
ject to be forfeited for any of the
causes prescribed by the legislature,
unless it Is otherwise dearly provided
In the municipal charter or by some
statute of the state. They have nei
ther the qualities of a contract, nor
of property. but are mere tem
porary permits to do what other
wise would be an offense against either
. general law or some muntctpal
ordinance. They are issed In exercise
of the police power of the state, and are
subject to the control of the legislature,
which may by appropriate legislation
modify, revoke or continue them, as it
mir deem proper.
"The case is an Instructive one. and an
authority not to be disregarded. The
court follows the principle announced,
and holds that the power to license,
even though exclusive, does not in the
absence of clear and express legislation
suspend or repeal -general state laws.
"The second position assumed by coun
tel for defendant is that by the express
terms of the charter the state laws re
lating to the sale of Intoxicating liquor
are not operative or In force within the
Cltv of Portland.
"The language relied upon appears In
section "3, subdivision 4S, anl is as fol
lows: " Xo provision of the law concerning
the sale or disposition of any spirituous,
Vinous, fermented or malt liquors In Mult
nomah County shall apply to the sale or
disposition of the same In the City of
Portland."
Xot a Sew Provision.
'This is not a new provision. The last
charter (18981. after providing that do
license should be granted by the City of
Portland for a less sum than that fixed
by the general laws of the state, con
cludes the subdivision In these words:
' 'Nor shall any provision of the law
concerning the sale or disposition of any
spirituous, vinous or malt liquors In Mult
nomah County apply to the sale or dis
position of the same In the City of Port
land.' "The charters of 1893. 1891 1889, in this
respect are substantially the same. The
charter of 18S3 Is not; it reads (Laws 1S81
page 151): 'Provided that no law or part
thereof authorizing any tribunal or offi
cer of Multnomah County to grant tavern
or grocery licenses shall apply to per
sons pending liquor within the City of
Portland.'
"The license law of 1854, In force In
1882, refers to a grocery license, and
the Sunday law, by its terms, under
certain circumstances, does not apply
to tavern keepers. This may explain
why the officer of Multnomah County
is designated as one who grants tav
ern or grocery licenses. In 1889 an
other license law was enacted, and the
act of 1854 was repealed. Since that
date no reference has been made to
grocery or tavern licenses In any char
ter of Portland.
"The license law of 1S54, by Its
terms, applied to all portions of the
state, including cities and incorporat
ed towns. It was in force when the
charter of 1882 was enacted. In the
absebce of a saving clause in the
charter exempting the city from the
operation of the laws, Portland would,
under the charter of 1882, have been
obliged to supervise the liquor busi
ness and bear other municipal re
sponsibility on Its account, without de
riving any revenue from the traffic
This explains the presence of the
clause quoted from the charter of
1882.
How License Law Reads.
"The state license law from 1891 to
1903 contains this clause:
" 'Provided that the provisions of
this act shall not apply to any city or
town within this state now incorpor
ated." The city of Portland was in
corporated three times after 1891. viz.:
in 1893. 1898 and 1903. In the absence
of some exception or limitation In the
several charters covering the subject,
the city during all the time mentioned
would have been deprived of the reve
nue derived from the liquor traffic, at
least to the amount of the annual
state license which would have been
collected by Multnomah County.
"It appears there was necessity for
the use of language that would leave
the city free to collect and retain the
full amount of the license charged. lb
is wen understood that the practice of
the city and county officials has been
to recognize the right of the city to
the license money. There is nothing
In the law to Justify this course of of
ficial behavior unless It be found in
the language quoted from article 4,
section 73, subdivision 38, that upon
which the defendant rests his conten
tion. The court believes this clause
was inserted for the purpose of secur
ing to the city the revenue to be- de
rived from the liquor traffic and should
be so construed. In several of the
charters the clause appears in connec
tion with another forbidding the city
granting a license for a less fee than
that fixed by the state laws. This
Implies at least that the relation of
city and county to the license matter
was under consideration. N
"If the words quoted do In fact re
peal . or suspend the state law con
tained In section 1974, it Is effectual
to repeal -or suspend all other, state
laws concerning the sale of liquor
within the city limits, not only those
enacted before 193, but those passed
since.
Law Criminal in Nature.
"Selling liquor to minors Is de
nounced as a crime in section 1977, and
Is the act of 1864, amended in 18S7.
.selling liquor to an intoxicated person
is made unlawful and a penalty pre
scribed by section 1978, and is the act
of 1876. Selling liquor to women under
21 years of age is made a crime by
laws of 1905. The laws of 1907 pro
vide no license shall issue to one here
tofore oonvicted of selling liquor to a
minor. (
"Attention has been called to
one construction placed upon the
words in question by officials, and
acquiesced In by the community;
but there Is no instance on
record where officials, or community
have construed these words as effectual
to repeal any of the laws mentioned. It
is a matter of common knowledge that
Individuals have frequently during the
last 15 years, been convicted, on plea of
guilty or by trial, of the crime of selling
liquor to minors. No one has ever claimed
the law was repealed or suspended.
"It Is not claimed subdivision 48, Sec
tion 73. in terms repeals the state laws
mentioned including Section 1974. Such a
position could not be maintained, because
none of the laws are mentioned or de
scribed. Counsel does urge that they are
repealed by Implication.
"It la a rule of construction that stat
utes not expressly repealing others are
If possible to be so construed as to suf
fer both to stand. The contruction al
ready given permltta both statutes to be
in force and each to accomplish as Im
portant part in the scheme of govern
ment. No necessary connection exists be
tween a statute creating a city govern
ment and the repeal of the Sunday law
or the law forbidding the sale of liquor
to minors. . . - -
Precedent Is Adhered To.
"The court adopts the construction that
has obtained for almost a score of years.
and rejects the one suggested. Further,
these statutes are criminal laws. The Su
preme Court of Oregon in Baxter vs.
State. 88. Pacific 678. uses the language:
" 'Section 1228, B. & C. Corop. defines a
crime and it includes both felonies and
misdemeanors and any offense either fel
lony or misdemeanor defined and mads
punishable by general statute, is one to
which the municipal charters are sub
ject. The court is of the opinion the Stat
ute Section 1974 (Sunday Law) is valid,
and baa not been repealed or suspended
by the charter either in express terms or
by implication. Let the demurrer be
overruled."
MIIAVACKIE . FEARS RIOTING
Closing of Portland Saloons Sends
Rough Element to Open Town.
The people of 'Mllwaukie have been
looking forward today with apprehension
and what it may bring because of the clos
ing of Portland's saloons on Sunday. Last
Sunday gave them a forecast -of what
they may expect today and henceforth.
When the supply of beer was exhausted
a load was brought from Sellwood and it
was 10 o'clock at night before the crowds
from Portland began to start for home,
and then only when ordered out of town
by the Marshal and his Deputy. The
bartenders at the two saloons could not
hand out the beer fast enough after tne
saloon doors were opened at noon.
A much larger crowd is expected In
Mllwaukie today than last Sunday, and
many of the citizens fear the rough ele
ment will congregate. While no move
ment was made during the week to close
the Mllwaukie saloons on Sunday there
is an impression .that it will have to be
done for self-protection. Mllwaukie Is
a quiet country town, with only a town
Marshal and deputy to enforce the law.
It is feared that two officers can do little
toward keeping order when from 1000 to
1500 men go there from Portland and
drink without restraint.
MONEY VALUE OF ROSES
Proposition That Perfume Be Made
From Oregon's Flowers.
PORTLAND, June 22. (To the Ed
itor.) The unspeakable pleasure I en
joyed by witnessing the Rose Show dis
play made me reflect: How shall we
part with these beauties? The tons
of roses displayed in a few hours will
be thrown away as rubbish. ButT it
seems to me that In this utilitarian age,
we ought to be able to save the per
fume of roses. We also live In a prac
tical age, and whenever intelligent
people take notice, they quickly con
vert nature's products to the use- of
man, which then takes on a commercial
value. What Is waste today is value
tomorrow.
The rose contains the most favorite
perfume of the world, generally, civ
ilized and uncivilized; its petals yield
what Is called the essence of roses. The
perfume Is prepared largely in Turkey,
in Europe, especially In the Balkan
Mountains, in Egypt, Persia, India, and
other countries of the East. In the
south of France, it is prepared by dis
tilling the petals of the rose with
water. In Macedonia, by crushing the
petals In mills, expressing the fluid
part, and Altering and exposing to the
sun in glass vessels. In Damascus and
other parts of Asia Minor, by dry dis
tillation. I presume that our consuls to those
countrlea In their reports explain the
various processes employed there, but
I have not bad access to their reports.
I have seen it stated that 200 pounds
of rose petals will produce one ounce
of the attar of roses. It cannot be
bought, if pure, for less than $25 per
ounce. It is largely adulterated with
spermaceti and several volatile oils and
it would be very interesting to know
the best up-to-date process of extract
ing the oil. Probably growers of
various flowers for the manufacture of
perfumes, gather them at certain
stages of their development, but the
iT ( EXTENSION WINDOW SCREENS LAWN MOWERS GARDEN HOSE plyT. Vfli
"LINEN
FIBRE"
m ARTISTIC
SUMMER
FURNITURE
The restful pieces in the
"Linen Fiber" will appeal
to those who desire out
door furniture that is both
artistic and durable. Be
ing made from hemp fiber,
twisted into cords or braided into strands, it is very
strong and pliable, and takes a most beautiful finish in
the following shades; "forest green," "dark oak,"
"Flemish," "natural" and combination colors. For
comfort the "linen fiber" furniture is unsurpassed,
and our showing of this includes settees, arm chairs,
rockers, lounging chairs, tables, etc. The designs of
the various pieces are entirely apart from the severe
and plain designs of the ordinary porcft and lawn furni
ture, and the novel finishes suggest a pleasing and har
monious effect for outdoor furnishing.
DR. PERKINS
SANITARY
The Dr. Perkins prin
ciple of food preser
vation is a departure
from the old and un
sanitary methods so
common in the ordinary refrigerators. The system
of the Dr. Perkins sanitary refrigerator is a posi
tive and continuous circulation, which is at all
times forcing pure, fresh air into and expelling im
pure air from the refrigerator. The unquestion
able economy of the "Sanitary" should be given
due consideration by those who contemplate buy
ing a satisfactory refrigerator. We show these
in a number of sizes. Terms $1.00 down, $1.00 a "
week.
SPECIAL SALE WOOL BLANKETS
For tomorrow and Tuesday our Bedding
Department will place on sale the entire
stock of two patterns in six-pound fleece
all-wool blankets, full size, just the color
and weight for the beach or' Summer
camp.
Regular $8.00 values in mottled blankets, special per pair. . . . .$4.75
BASEM'T
SPECIALS
Regular $7.50 values in
plain gray Blankets, special, per pair.$3.90
For tomorrow onlyour Bosement Department
offers the following items for economical buy
ing. Nickel-plated teakettles.
Special 50 "
Mrs. Potts' Sad Irons,' three in set, special,
per set 95
WALL PAPERS IN NOVEL AND ARTISTIC DESIGNS-DECORATIVE DEPT.
"NEW
PROCESS"
GAS
RANGES
BASEMENT
DEPT.
YDURC&E0rH(
B It GO 00 Jf
C0f,1PLETE-H0U5E-FURni511ER5
MAKE YOUR
0WW TERMS J
LIBERAL
EXCHANGES
CAN BE
MADE
THROUGH
OUR EX
CHANGE DEPT.
BCV 111
attar of roses contains two oils, a
liquid, and concrete. The petals may
be faded and wilted, but the perfume
of the rose still lingers. While I am
not prepared to give a formula for the
manufacture of rose perfume I desire
by this communication to call attention
to some enterprising chemist or pharm
acist who will give this subject prac
tical attention. B. J. HA1GHT.
Vacation Trip Through East.
To Jamestown Exposition, Boston,
New York, Philadelphia, Baltimore,
Washington, Richmond; steamer rides
on Atlantic Ocean, Chesapeake Bay,
Potomac and James Rivers; on low
fare tickets to Norfolk over Pennsyl
vania short lines from Chicago. Stop
overs. For particulars, address or call
on Kollock. 246 Stark St., Portland, Or.
M. L. KEIZUR BELIEVES HE HAS SOLVED THE FENDER PROBLEM
t'-l 1 ,1 ' , .11
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a Atf-i- ifflf'THW fcfflfl IR miFvr -r
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- V
HFE-5ET FEDEH NOW OX EIHIBITIOJ. . .
A cacfender has been Invented by M- Ij. Kelxur, which he believes has solved the problem. He bas at
tached It to a car in the Washington-street barn, where It Is on exhibition. This is known as the "life
net fender because of the rope net which Is said by the inventor to "bunt" a body without injury,
gradually checking the force of the blow and preventing cutting, bruising and disfiguring, as well as
broken bones." It Is also claimed that the fender in question does not Interfere with the use of the switch
bar.
In addition to the fender proper, which projects some two feet in front of the car, a wheel guard is pro
vided, which, upon striking an obstruction drops automatically to the track level. ' '
Mr. Kelxur states be will next attempt to solve the trolley problem.
MAGIC
IS
DUTDQN
E
Telegraphone Puts Witchcraft
Out of the. Punning.
WORK OF DANISH EDISON
First of Marvelous New Inventions
Brought to Portland! Combina
tion of Telephone and Phono
graph Works Wonders.
The first telegraphone ever sent to the
Facinc Coast Is on exhibition In The Ore
gonlan building. The Invention is spoken
of as the eighth wonder of the world and
its inventor says It will do away with
letter writing, stenography, printing of
books and music and 1000 other things.
It Is the Invention of VaMemar Poulsen,
of Copenhagen, the man who is known as
the Xanlsh Ediaon.
The machine Is simple In construction
and is attached to the wall or a desk
similar to the regular telephone, with
which it is connected. A message may
be sent to another point, where there Is
a similar machine, without a person
being present to take the communication.
If there la no person at home at the
time, the mere touching of a button de
livers the message through the receiver
an hour or a month, or. .60 years later.
The message can be repeated at will
thousands of times.
Records Every Sound.
In fact, everything that is spoken over
a telephone with this wonderful attach
ment Is faithfully recorded. This feature
will prove the machine a capable detec
tive, and those talking over the telephone
will have to run the risk of having any
body who pleases sit down and hear what
was said repeated.
One phase pf the new phone makes
all past conversations public ,to the
person possessing the machine through
which the messages were transmitted.
There is no such thing as privacy, un
less the attachment Is locked yp in a
safe or demolished with an ax.
6hould the machine be used the
world over, as there la every indica
tion it will be. It means that teachers,
stenographers and numerous other em
ployes will become unnecessary to
those using the machine.
Two Varieties of Machine.
There are two varieties of the ma
chine. One Is the wire and the other
the disc apparatus. The first will be
used for short or long-distance tele
phoning. The dlso machine also re
cords what Is spoken . into the trans
mitter, and a 2-cent stamp carries It to
Europe, if necessary, where the speak
er's voice is heard by placing it in an
other machine.
Another phase is the recording of
conversations heard in a room where
the machine has been set running. It
may mean the breaking up of homes,
bearing sermons without going to
church, ease for a jury until a case is
finished, and a thousand other freakish
things in modern life.
The possibilities of the attachment are
truly startling and are practically un
limited. It makes possible the fiction
of "frox-en voices."
Five miles of wire on a epool are
used in the ordinary machine, which
will record messages for hours. The
same wire is used over and over again.
Machines are made so that conversa
tions can be recorded for 24 hours at
a stretch, many miles of ateel wire
being used.
The Instrument is being put on the
market by the American Telegraphone
Company. Frank O'Reilly is coast
manager of the concern. Louis Living
stone and K. P. O'Reilly are agents in
Portland with offices at 403 Oregonian
building.
Mr. Livingstone asserted yesterday
that Governor Charmberlain . had or
dered. Instruments for the state build
ing, that the big railroads had all
placed orders for them, and that a cor
respondence school had ordered 10,000
for use in educational work.
REPAIRS TO P0ST0FFICE
Plans Coifh- From Washington and
Bids Will Be Called.
- -
Plans and specifications for enlarg
ing the floor space of the Portland
postoffice were received from Wash
ington yesterday by Postmaster
Mlnto. Bids on the work will be ad
vertised for immediately in order that
It may be finished during the Summer
months, while the mall Is not heavy.
There will be a new stamp office on
the Yamhill street side to the right of
the door going out There will be a
second superintendent's window In the
main hall. Mr. Mlnto's private office
will be made smaller in order to leave
more space for the reception office.
The registry division will be extended
and made 14x18 feet larger over the
west floor of the lobby. Numerous
minor changes will be made on the
lower floor In order to use every par
ticle of space available.
The changes have been contemplat
ed for a long time, but It Is only re
cently that the Treasury Department
approved 1 the plans. The cost will be
in the neighborhood of J5000.
H. W. Goode'a Will Is Void.
H. W. Goode. late president of the
Portland Railway, Light & Power Com
pany, left a will which. In the eyes of
the law. Is void. By failing to men
tion his children in the document his
last testament beoJieathlng to his
widow an estate valued at 1220.000 Is
valueless. The will was filed for pro
bate yesterday and the petition re
questing that Samuel G. Reed be ap
pointed administrator sets forth the
Illegality of Goode'a will.v
CABD OF THANKS.
The undersigned wishes to express hr
sincere thanks for the unfailing kindness,
and many acts of benevolence and
courtesy shown to her late husband,
Benjamin P. Thompson, the blind post
man, and herself during his four years of
affliction, and at the time of his final Ill
ness and death. The G. A. R.. the
Woodmen of the World, and letter-carriers
were ever thoughtful of their af
flicted brother, and his family, and thfir
prompt generosity and sympathy with
that of tne public and friends and ftelprh
bors will ever be gratefully r-m-mfwrrd.
Sincerely. ALBERTA THOMPSON,
THE PURE FOOD PROBLEM
A PRACTICAL LETTER FROM DR.
E. B. PICKEIa
President of the State Board of
Health Suggests Source of
Reform. ,
To the Public; Even as all great re
forms have sprung from the will of the
people, so must the reform regarding
pure foods; legislation can do little if
not backed up by Interest and co-operation
of the masses.
We are fortunate to have a Federal
law that compels the Inspection of
meats, but worthy as this law Is, its
efficiency in accomplishing Its purpose
depends almost wholly on the firm
stand of the women who buy the meat,
all too many of whom order with,
careless Indifference as to whether or
not their meats are inspected. .
In fact, the very women, in many
cases, who would work with the mont
heroic determination for the passage
of protective laws fall when it comes
to the day-by-day care required to see
that only safe meats come onto their
own tables. If every housekeeper in
the Northwest would positively forbid
the deliverance at her door of meat
not Government-Inspected, and go Into
her own kitchen each day and examine
the meat, acquainting herself with
pure meat qualities, she would do more
for the health of her family and the
general good of the community than
can be done by the advice, admonition
and appeal of press and health offi
cers. It Is In the hands of the women
how will they treat their response
blllty? E. B. PICKEU M. D.
President State Board of Health.
Price of Our National Pride.
(New York Mall.)
Twentyflve cents l the price of our
National pride. It costs that sum to In
sult the uniform of the United States in
Connecticut, according to the law as laid
down by a Newport. R- I., Judge.
A chief petty officer of our Navy
refused admission to a dance hall, not
because he was Intoxicated, noisy, dis
orderly or objectionable In any way, but
because he wore his country's uniform.
President Rooeevelt and Naval officers
of high rank decided that It was time to
make a test case. This has resulted In a
decision awarding to Yeoman Buenzle
the jirice of the ticket he had purchased.
With de respect for the court, we re
cord our contempt for the law. The case
should da appealed until, if necessary,
the United States 8upreme Court speaks
the final word concerning the right of
any Individual to Insult and humiliate
a decent, sober, well-behaved American
sailor because of his service. And I;
that right exists Congress should lose
no time in annulling It.
The country needs the best type ef
young Americans for enlistment if the
efficiency of our Navy u to be main
tained. A lowering of the personnel
would be the Inevitable consequence of
allowing the Impression to prevail that
the uniform Is a badge of degradation
and not of honor.
Tan you look me in the face, and
deny that you married ( me for my
money?"
"Nope; I might- deny It. but I can't
look you in the face and deny It."