IS
THE SUNDAY OREGOXIAX, PORTLAND, SEPTE3IBER 20, 1903.
IY APPEAL TO
SUPREME GOUBT
Lawyers Believe Highest Tri
bunal Has Jurisdiction in
Fight on River.
MOST DIRECT WAY OUT
If Controversy Takes Vsual Coarse
n Lower Federal Courts, Settle
ment May Require Years,
It 1 5 Argued.
I Leading Portland lawyers contend that
I the United States Constitution provides
' a means for the speedy adjudication of
the Interstate Ashing; muddle on the Co
lumbia River. They lnerist that under the
Federal Constitution the United States
! Supreme Court has original Jurisdiction
'in all suits in which a state is a party.
In support of their argument, they refer
i to section 2, article I. of the United
1 States Constitution, which 'reads aa fol
lows:
I The Judicial power shall extend to all
' esves in law and aquity arising under this
constitution, the laws of the Vnlted States.
' and treaties made, or which shall be made,
under their authority; to all cases affecting
ambassadors, other public ministers and
consuls: to all cases of admiralty and mari
time Jurisdiction: to controversies to whlcn
the t'nlted States shall be a party: to con
troversies between two or more states, be
tween a state and citizens of another state,
between cltlsens of different states, between
citlselis of the same state claiming lands
under grants of different states, and between
a stafie or the cltlxens thereof, and foreign
states, cltlsens or subjects.
In sWl cases affecting ambassadors, ether
publio . ministers snd consuls, and those in
. which state shall be a party, the Supreme
Court si all have original Jurisdiction. In all
; the ollMT cases before mentioned the Bu
. preme C ourx shall have appellate Jurlsdlc-
tlon both as to law and fact, with such ex
ceptions and under such regulations as the
, Congress? shll make.
Set for Next Week.
The order Issued by Federal Judge Gil
bert, restraining; Master Fish Warden Mc
Allister from enforcing- the Oregon laws
against llA'iermen operating on the Co
lumbia Rrtvt-r under authority, of Wash
ington State laws will be argued a week
from tomorrftw. On or before that time
counsel for M,r. IteGowan, the complain
ant, may remove their case to the United
Elates Supreme Opurt under the provision
of the Fedeial Constitution referred to.
It Is urged by the different interests
that because of the importance of the con
troversy which has been brought into the
courts, tho earliest possible decision of
the matter should b had from the high
est court. Under the interpretation of the
Constitution, either of the two suits
which has bvn brought against Oregon's
Master Fish Warden properly belongs In
the United States Supreme Court. This
court convenes nxt month and by taking
prompt action flte interested litigants
could secure a ilecision within probably
60 days. But should the case be dragged
along the routine of Fedieral court prac
tice it is considered doubtful IX a decision
could be obtained in less than two years.
When the case comes into court, wher
ever It may be tried, the constitutionally v
of the initiative and referendum amend
ment to the Oregon state constitution is
certain to be involved, for it was under
this measure that the objectionable fish
law was enacted. In fact that will be the
main contention of the protesting Wash
lngtonians, who, in view of the court de
cisions already rendered, will get but lit
tle satisfaction in raising the question of
the Jurisdiction of this, state on the Co
lumbia River. It is a generally accepted
fact that, by virtue of the articles under
which Oregon and Washington were ad
mitted to statehood, each exercises con
current Jurisdiction over the waters of
that stream from shore to shore.
That defense promising such little
encouragement, the plaintiffs will be
forced to attack the constitutionality
of the law itself. In order to do so,
it will be contended that the measure
never was proierly enacted. That will
bring into issue the constitutionality
of the initiative and referendum
amendment in this state and will in
sure an earlier decision of the validity
of this amendment than can be ex
pected in the suit of the Pacific Tele
phone & Telegraph Company against
Multnomah County, Involving the same
question, and which is still pending in
the lower courts. .
In the meantime, Mr. McAllister and
his deputies are devoting their efforts
to suppress unlawful fishing on the
Oreson side of the river. Mr. McAllis
ter yesterday Issued instructions to his
deputies to consider the middle of the
river the natural boundary line of the
state, and not to undertake the arrest
of fishermen operating more than half
way across the stream. In cases of
any doubt as to the location of the
fishermen, the deputies were admon
ished to give the fishermen the benefit
of the doubt.
OBJECTION
TO
COMMISSION
Governor Decides Against Delegate
Plan to Draft Fish Lava.
After a conference with Master Fish
Warden McAllister yesterday. Governor
Chamberlain decided not to appoint a
commission from this state to confer with
a like commission to be appointed by
Governor Mead, of Washington, for the
purpose of drafting uniform fieh bills to
be presented to the Legislatures of the
two states next Winter. In declining to
name such a commission Governor Cham
berlain explained that he did not wish to
take the position of presuming to usurp
the functions of the State Legislature.
Master Fish Warden McAllister had pro
posed that each state should be repre
sented by a commission of ten men. to be
selected from the trapmen, glllnetters,
seiners, wheelmeji. cannerymen and cold
storage dealers. By having all salmon
fishing interests represented in the pro
posed conference, it was thought by the
Oregon Fish Warden that reasonable and
satisfactory bills in the real interest of
this important industry could be framed
and submitted to the State Legislatures
for enactment. - It will probably remain
for the Legislatures of the two states to
draft their own fish laws when they meet
next Winter.
READ
What Some Prominent Portland
People Say4 About
OUR GLASSES
CHARGE
(OR
EXPERT
ALL COR
RECTIONS
GUARAN
TEED SIX
MONTHS
ESTABLISHED 1901
Portland. Sept. 15. '08. R. A. Thompson,
209 Corbtt bid., city: "It will afford m
genuine plea mi re to refer my friends to you
w h en they req u I re gl mmes. The g I a ex you
rurmsned me ifive entire satisfaction, i am
able not only to sew for a Ions while, but can
read and write with comfort. You are the
first person to relieve the rlftht eye, which
was almost blind. Mrs. K .
Portland. Sept. 5, 1S. "After leaving your
omce yesterday I realised tnat i naa not toio
you how very srrateful I am for the relief my
new glasses are jrtvln me, Thi I want to
y now. and to awmro you that I will gladly
tell my friends of your success with my case,
and advise all who need g issues to consult
you. Mrs. M.
Portland. Aug. 22. 1908. "After a hard and
long morning's reading without we&rlnea y
wi ram to me eyes, i ieei so grmieiui iwr nm
glasses you furnished me that I am oon-
a trained to send vou a, word of sincere thanks.
Tour work, I am sure, has been dome with
such scientific precision that I anticipate still
grersvr comfort and satisfaction as my eyes
become more accustomed to tne glasses. i
must thank you. also, for doing so much for
me at so small a cost. Mrs. R. "
WILIj enforce fishing laws
District Attorney Tongue to Take Vp
Prosecutions at Astoria.
HILLSBORO, Or., Sept. 19. (Special. )
District Attorney E. B. Tongfue. who Is
the state's attorney for the Fifth Judi
cial District, including Clatsop and Co
lli rrfb la Counties, left for Astoria this eve
ninff, to attend court Monday morning.
Before leaving Mr- Tongue had the fol
lowing to say relative to the pending in
junction case issued by the Federal Court,
estopping the arrest of Washington fish
ermen: "Upon the face of the injunction by
the Federal Court it appears that Attorney-General
Crawford is the proper
official to take up the matter and see It
to its conclusion. However, as the prose
cuting officer of this district it becomes
my duty to prosecute those already under
surest, in1 after reaching Astoria and
Commendations such as these are
most gratifying, particularly so be
cause they come unsolicited.
For obvious reasons names are omit
ted, but we can give them should occa
sion require.
The "Thompson system" of sight test
ing has been indorsed by over 2000 of
Europe's foremost oculists.
Perfect Fitting Glasses as low as $1.50
Thompson
JL
THE ISTERSATtOXALtV INDORSED
SIGHT EXPERT.
Suite 209 Corbett Bids;., Fifth and Mor
rison. Second Floor.
The most Modern and Best Equipped
Optical Parlors in Portland.
consulting; with the officials of that place,
it appears Incumbent upon me to take a
hand In the Federal litigation, I shall not
hesitate to lend all the assistance of my
office. I desire very much that the Ore
gon fishermen shall have all the rights
possible under our laws, and they cer
tainly should have all the privileges ac
corded the Washington fishermen. If the
present injunction Is effective through a
stipulation it can be so extended as to
cover all the "waters of the Columbia
River.
'I have as yet been served with no
papers, and it is a little early to dis
cuss the affair. For the best Interests
of Oregon and Washington, however, I
think it would be expedient to stipulate
on the Nielsen case, now passed upon by
the Oregon Supreme Court, and have It
carried to the United States Supreme
Court, meantime glvlnsr Oregon and
"Washington fishermen equal rights on
the stream. Thus the whole affair could
be expedited and the industry proceed
an industry which perhaps mpans as
ixtraor
Our
Mens
Special
Suits at
Nothing
NEAR AS GOOD
can be had at any
other store at $20
MOY
dinar v. Val
1 y
lies
You can
Take
Our Word
for this we
ALWAYS BACK
UP our statements
with the goods.
No exaggerations
in any of our
ads--and
WHEN YOU SEE IT
IN OUR AD IT'S SO
Boys'
School Suits
$1.95 to $3.95
Third and Oak
1st and Yamhill
much to the Oregon side of the river as
to the Washington side
The Oregon Supreme Court has de
cided that Oregon can enforce our laws
clear to the Washington bank. We will
gain much time by putting this particular
case up to the highest court, as it will
take a long time to argue the newly
filed cases and get them through the
various court departments."
Husband Desires Divorce.
A. E. Edwards, 409 Stark street,
asked the, Circuit Court for a divorce
from Florence Edwards yesterday. Tn
his complaint he sets up that she visits
saloons, attends public dances and
stays out late at night. Edwards says
he has been patient with her. He tells
of having met her with other men and
of Inducing her to return home with
him.
The Edwards nuptials occurred here
July 5, 1902.
Dora A. Boyd filed an application for
divorce from Orville Boyd. She mar
ried him at Walla Walla August 15.
1904, and says he deserted her a month
later.
Tomorrow (Monday) positively the
last day for discount on East Side gas
bills. Donit fail to read Gas Tips.
CAR STRIKES BICYCLIST
Messenger Boy Reported to Have
Caused Accident on Third Street.
Walter Ounn, 239 Hooker street, was
Injured last night as the result of a
collision between a streetcar and bi
cycle. The latter was ridden by Archie
Haslam, a messenger in the service of
the Hasty Messenger Company, who is
said to have run down Gunn ac Third
and Oak streets. The collision occurred
In front of a streetcar, which also
struck the prostrate man. However,
the motorman succeeded In bringing
the car to a stop. Gunn's injuries are
not considered serious.
Registration Will Begin.
"Registration books will be opened Mon
day to the voting public at the Court
house. County Clerk Fields has arranged
to have a deputy on duty continually,
from 8 A. M until 5 P. M. The books
will be open until October 20. Those who
have not registered since January 1 must
do so in order to vote at the Presidential
election.
Black French
Voile Skirls
Four handsome models, every one
a new Fall design, flared and
plaited, trimmed with satin, duch
ess or taffeta silk, folds, strap
pings and buttons,
$12.50 values
S5.95
$25 Coverl
Goats at $14.95
Hade of fine quality all-wool double-twist
covert, tight-fitting
model, 54 inches long, Btrictlytai
lored and sold everywhere at $25.
Here tomorrow $14 95
The Store With
a Liberal Money
Back Policy
SAM. C WERTHEIMER, Pres. and Genl Manager.
CORNER
FIFTH
AND ALDER
$10 Silk Petticoats $4.95
Petticoats made of. splendid wearing quality rustling taffeta silk,
properly cut to fit perfectly, shirred or sectional flounce, in all the
new Fall Bhades of brown, green, blue, tan and gray, in all change
able effects and in white and black. After careful comparison you
will admit they are by far the best Silk Petticoat bar- OM QC
gain ever offered. Tomorrow at OHiutJ
The Strikingly Low Prices Named in This Advertisement on Brand New, Absolutely Dependable Merchandise in Limitless Quantities Demonstrate Conclusively the
Towering Strength and Unassailable Leadership of This Store as a Supply Center for Portland's Careful Buyers
distinctive New Long-Coat
uits for Autumn Wear
Another triumph for our Suit Section in this advance sale of new Fall Suits. '
A greater stock, more varied than ever, and every price
has the true ring of economy.
The 1908 Fall Suits are particularly charming
and in every outline there is unmistakable evi
dence of skill and painstaking in construction.
Stunning as they are in effect, every suit is thoroughly practical ; exactly
as you would have them perfect in style, unsurpassed in general
excellence, and the price is extremely low.
$m psw mmg For your choice of six styles in handsome new Fall
I 1st W Suits worth $25 to $35; 30 to 36-inch coats' in all
JL Km the popular shades of fine broadcloth, fancy weaves
' and novelty worsteds. Coats are finely tailored,
coat-shape or rolling collar, large patch pockets, straight or pointed, with
slashed seams, trimmed with satin-edge cord and buttons. Skirts are ex
tremely full flare or plaited with extra wide fold, trimmed
to match coat. Any one of these six styles
$18.75
Strictly New Tailor-Made Suits at $25.00
Several high-class Suits in black and Autumn shades, in the plain and fancy color novelty suit
ings. Coats are French cutaway, pointed front and back, taffeta silk lined, handsomely trimmed.
The skirts are of the newest models. Excellent $35 and $40 values, Monday's sale. . .$25.00
Beautiful Human Hair Switches at 95c
Another week of tremendous cut prices in ALL grades of hair. Giving it away was the exclama
tion of the many hundreds who bought last week. "We have another wagonload for this week
at the same prices. All Cosmetics at half price. Special prices on all work, including Featural
Surgery. Expert Chiropodist. The latest style of hairdress with every shampoo. Ladies, I am
here to stay, and I wish to give you a hearty welcome and a royal benefit as well.
AZA HOLMES RIBBECKE.
$5.00
Ladies' Umbrellas
at $2.95
Made of fine quality silk
over Paragon frame, steel
rod, adjustable handles,
some of pearl with gold
trimmings, others natural
wood; actual $500 values,
$2.95
Jewelry, Cut Glass
Silverware
Headquarters for Rogers Bros.' Silver
ware. 1847 Rogers Bros.' Knives QM QQ
and Forks, per set 0 iiOu
Ladies' 0 size, 20-year ClOfil
case, Elgin movement. ......OIZiUu
Gents' 12 size, 20-year CMQ Or
case, Elgin movement 0 I ZiO J
Gents' 16 size, 20-year PI O QC
case, Elgin movement $ I ZiO J
50 Cut-Glass Sugar and tfQ OF
Creamers ....UwiZQ
100 Cut-Glass 8-inch Dn TQ
Bowls wZiuJ
200 Cut-Glass 6-inch CI OK
Nappies $liZw
Visit Our Jewelry Dept.
Watch Cleaned 75
Mainspring 75?
) "
( ,y
.... J .
M
lllinery
Street Hats, Walking Hats and Turbans
of exceptional beauty will be on display,
here Monday. Hats with all the jaunti
ness and style of the French model, yet
sufficiently practical for every-day wear.
They will form the finishing touch and
add individuality to the new Fall cos
tumes. Trimmings of fancy feathers and
wing effects in the latest parrot shades.
SEE US BEFORE SELECTING YOUR
FALL MILLINERY
ihoes and Oxfords
Our first special, to introduce the Shoe Department.
We offer for one week only, free with any $3.50 Shoe
or Oxford sold A PAIR OF GOOD STORM RUBBERS
FREE. We have every new idea in Shoes or Oxfords,
in guaranteed better quality grades, for women only, at
$3.00
and $3.
50
The same goods are sold everywhere for $4.00 and $5.00
0
. $3.50