' THE SUNDAY OREGON! AX, PORTLAND. DECE3IBEK . ZU, .lo.
having been outrun the first part. The
handicap was worth 12270 to the winner.
The colors of the Keane brothers were
carried to victory by Raconteur and
Xagaxam. Both were ridden by Walter
Miller. Thirty-three books and three
field books were in line. Results:
Five furlongs. selling Raconteur on.
Priceless Jewel second. Spolin third; time.
1:01 1-5.
Store
, Open
Evenings.
Store
Open J
Evenings.
9
cneson s
T OF APPEAL
ere
148 5th Street
148 5th Street
Mile. selllne Tankee Daughter
Figenl second. Toll B x tliird;
1:42
Puturitv course. sMng Nag2ftm
Anna May second, Plm Kim third;
von.
time.
eel For .
won.
time.
Says Decision of Circuit Court
on Big Fine ' Was
Conclusive.
3 5 ...
Mile ant a sixteenth.- Sacramento Handi
cap, value to winner '- ReMlgouche
won. Dorante aecond. Eye Bright Hilrd;
time. 1:4. " , ,,,
Mile and 70 yards, selling I.onglstllla
-oi. Captain Kennedy second. Miss Mll
xonl third: time. 1:4 1-5.
F'uturiiv course, . Moore Handicap Paja
rolta won. Smiley Corbett second. ' Berry
maid third; time. 1 H 1-.V
EXGLEWOOD, BEATS BUTTE
25 Off
eoant
ew
TRIED TO FIND LEGAL RATE
id Pri
Ni,
Goats
rapress ana rrincess ruppon
STANDARD
DENIES
RICH
o.
Amas P res
lOO
C. 1
on the El
Accuses Government of Treailnf
Shipment ot . Good a Pangrr -'
to ..Moral-1-, Landls
.'Abused Hi Discretion.
WASHl"TO". Dec. 1.-Th Standard
Oil Corhtny's brief in. tfos proceeding
Of the L'nJud- Stats agalnat that com
pany on 1M chir of accepting: rebates
from Chlcaeo 4V- Alton Hallway, in
which the Vailed States IMstrlct Court
for the northern 'district of Illinoi Im
roaed a fine of .S40.000. waa today filed
In the Supreme Court. The case comes
bfore tht court" on petition by the Gov;
eminent Jor'm. .writ of certiorari. The pe
tition Is cornered on the ground that the
law does not "authorize a review by the
flirpreme Court on an application by- the
Government of a Judgment of tae Circuit
Court of Arp' In a criminal. cae by
which a-wrtt of error for the defendant
Is sustained and disposed of by reversing
the Judgment and. eentence of the trial
tourt.'- .r';'- .. ..
' Denies Government AppeaL
It im contended that In a case of this
character a writ of certiorari is equiv
alent to a writ of error and that "the pol
icy of the law Is against the review of
a Judgment in favor of the accused in a
criminal cae at the Instance, of the Gov
ernment." ' . .
j It I" pointed out that, while ( cent
was the lawful rate on petroleum for
all shipments from Chicago to East
t. Louis except from the stations at
Kast Chicago. Hammond. Ind.. and
Whiting, or other suburban switching
points in Indiana, from these points
the Government contends that the rail
road was required to charge 18 cents
per 190, or three times the Chicago
rste. and that therefore the Standard
Oil Company, which shipped from the
suburb of Whiting at the Chicago rate,
was properly mulcted by the District
turt In the sum of t2.2.XH "for
not shlpplnr t and paying prohibit
ive rate of three times as much aa the
Chicago rate."
Tried to I-arn Legal Kate.
; Contention- is mad that due effort
was made on behalf of the Standard
Company to discover the legal rate and
It Is urni that the company should
not be held responsible for Its failure
in that reapect
: Continuing.- the brieftays:
' Counsel argue the construction of the
Klklns amcndnwnt aa It. Congress. In
passing !t. regarded the shipment ot
commodities in-Interstate commerce as
frairgbL -with vll or- danger to the
safety or moral-of society, and that
it -was therefore to be burdered with
penal restrictions. and that shippers
are to be liehl to a rule of diligence
In knowing that - th rates at which
they ship are the current lawful; filed
and p-iiblisbea.'.'fites. such as has been
In extjeme cases applied to dramshop
keepers belling liquors to minors, or
druggists selling poisons.
Referring to the Government's conten
tion that the District Court's assessment
of penalty was in the proper exercise of
the personal discretion of Its presiding
;jude (Landls) the brief declares that
"this Is a discovery which has been left
to the learned counsel for the Govern
ment to make at a. very late da,e I" th
history of our Jurisprudence." The brief
.proceeds: - ;; j - -
Saysflne VKxcesve.
It had aVwavs before been regarded
as settled-thai the discretion commit
ted bv law to tfie Judge Was a Judicial
discretion and not . a personal discre
tion: and that the exercise of Judicial
discretion bv a trial court was subject
to review for its abuse: and that the
provisions of the eighth amendment
to the Constitution forbidding the im
posing of excessive fines was binding
.upon a trlel Jud&e: and that the Im
position of an excessive fine in viola
tion of that prohibition is an abuse of
discretion which is reviewable.
This view that the trial Judge ex
ercised . personal power and discre
tion was apparently shared by the
district Judge himself, and the record
and Judgment of the trial court af
ford a striking demonstration of the
wiedom of the rugged barons who
wrested magna charta from King
John, and ot our ancestors in embed
ding Its sanctions In the bill of rights
in our Constitution.
In conclusion It to urged that the grant
ing of the writ would not be Justified.
BEATS WORLD'S RECORD
Vox Popull Sets Xew Murk for Mile
and - Furlong.
LOS AXGEL.ES. Dec. IS. A new
world' record for one mile and a fur
long, circular track, was made at Santa
Anita Park today when "Vox Popull.
carrying 110 pounds, won the Golden
State Handicap for three-year-olds and
upward. He ran the distance In 1:50
flat, which is 3-5 of a second faster
than the best previous time made by
Charles Edward at Brighton Beach,
N. Y.. two years ago.
Colloquy, in winning the second race,
the Quickstep Stake, at five and one
half furlongs, equalled the worlds rec
ord for the distance, made by Fern L.
at Seattle., Wash., this Summer of 1:05
flat.
Jockey Howard was fined 9-00 for al
lowing Waterbury. who was disquali
fied In the second race, to swerve. In
terfering with Gemmell. the favorite.
Results:
Seven furlonss. selllns Duke of Bridge
water won, Bonallo second. I C. Widrlg
(third: time. 1 1-5.
Second race, five and half furlongs. Quick,
step Handicap Colloquy won, Gemmell
second. Golden Pearl third: time. 1:0..
Mite and eighth. Golden State Handicap
Vox Popull won. Stanley Fay second. Green
tarsi third: time. 1 :;..
, Mile. Gervansa Handicap, $irw0 added
Vltmherbert won. Uee Rose second. Gerry
mander third: time. 1:ST 3-5.
Mile and harf. selling Henry O won.
Alma Dufour aecond. Arcourt third; time.
2:31 1-5. ; " -
61x furlong Taylar George won, ." Rava
rla second. Grand Dame third; time.
1:12 1-5.
HESTIGdVCHK'" WINS
RACE
Takes Sacramento Handicap Easily
. at Emeryville. f
OAKLAND. Cl.. Dec" " 19. ' Sam
Hlldreth's Restlgouche. carrying 134
pounds, won the Sacramento handicap in
easy style at Emeryville today.
Restlgouche went to the front early
and led all the way. Dorante closed
gamejy under the, vigorous riding of Lee
and'-beaX. Eyabright-less than a length
for aecond money. Firestone was fourth.
Wins Northwest High School Cham
pionship. BUTTE. Mont.. . Dec. If. Bnglewood
High School. Chicago, wrested the title
of championship of the Northwest from
i.... . i... . V, nf 1" (a 1 The
i, ' J L I IVUOJ ' ' J I I IV III . . . u. - .w .- -
bat tin was fierce from' the first call of
time; Th local . team was outweighed
three pounds to the man. but the altitude
told on the Illinois boys, whose play , in
the earlier stage was slow. After 15
minutes of play In the first half House
for Butte, kicked a- field goal, scoring
four points. Ten minutes later Piper for
Chicago made a touchdown and kicked
e.'ji.
Jn the second half House, Butte's star
quarterback, was Daaiy nurt ana men
from the field. He waa replaced by Har
rington. Plska. Sears and Stelt, of Chi
cago, all received broken nose but re
mained In the game. Sear made a
touchdown and Piper kicked goal.
Englcwood goes from here to play the
Denver High School Christmas day. Five
thousand people witnessed the game,
every county in Montana sending delegations.
CLUB DEFEATS VARSITY
MULTNOMAH BEATS , WILL-AM-ETTE
IN BASKETBALL. -
Score Is 28 to 17 -Both Teams Dis
play Splendid tbmi, but VIM
' lors Are Much Heavier.'
SALEM. Or.. Dec. 1. (Special.)
The Multnomah Amateur Athletic bas
ketball team from Portland defeated
the Willamette University five in on
of the best games ever seen here to
night. The final score was 28 to 17.
Both team displayed splendid form.
The ..ork of the Multnomah players,
however, was too strong for the col
legisns, and the clubmen won handily.
Crawford and Mclntyre. for Salem,
put . up splendid games, and weight
alone prevented them from equalling
the record made by the Multnomah
stars. Captain Barton. Allen FiRher
and Dent were exceptionally accurate
at casting baskets, very few of which
resulted from fouls.
The visiting team played a remark
ably clean game, and both teams de
serve great credit for their perfor
mance. Multnomah possesses the
stronger five, however, for its play
ers proved themselves . well versed, in
the game.
The officiating of Referee Hersey
was satisfactory to both teams, for he
rendered his decisions fairly and im
partially. The team lined up a follow:'
Multnomah. Position. Willamette.
Dent Forward Crawford
Barton Forward Belknap
Morris .'.Center Mclntyre
Fisher Guard Schramm
Allen Guard....... . .Cummtosi
JOHNSON SAYS HE WILL WES
Looks for Lots of Easy Money In
Burns Fight. ' ' ...
" CHICAGO. Dec. 19. (8peclal.vi-Jack
Johnson Is going, to double-cross Tommy
Burns. Irrespective of - purse money,
"gentlemen's agreements"" that may or
may not have been made, the mighty
negro proposes to deliver his goods and
upset the kettle of fish. Thus he writes
to one of -his wffe's relatives in Chicago,
and the tone of Jack'a letter rings sin
cere. - -:
"I am going to win, no .matter what
money they give me.v ..writes Johnson to
his . brother-in-law, "and I want you to
get busy. Put down all the money you
can raise, and get the boys to come
through with all they can gather."
CLOUGHAN. TIES BEST RECORD
Irish-American Sprinter Wins Dash
in Fast Time.
NEW YORK. Dec. 19. One world
record was equaled at the games of the
College of the City of New York today
In Twenty-second Regiment Armory. In
winning the final heat of the 70-yard
dash R. Cloughan, of the Irish-American
Athletic Club, made the distance in 1 1-6
seconds,' equaling the world's record. The
600-yard special race was won by Melvm
W. Sheppard, who finished 10 yards
ahead of his nearest competitor in 1
minute 14 3-5 seconds.
.' Presbyterians Win Game.
OREGON CITY, -Or., Dec. 19. (Spe
cial.) In a one-sided football contest
on Willamette Falls field this after
noon the .team of the Third Presbyte
rian Church of. Portland won from the
Oregon City High School by a core of
21 to 0.
IN THE EXPOSITION BUILDING
NINETEENTH AND WASHINGTON
Matinee Every Afternoon,
2 to 6 7:30 to 10:30 Con
tinuous Performance. -
Read Chairman of the School
Board Wittenberg's Indorsement
of This Educational Ex hibit:
TO THE PARENTS OF THE CHILDREN OF
PORTLAND:
TJiere is at the present time in this city,
at the Exposition building on Washington and
Nineteenth streets, an Eskimo Village, con
sisting, of thirty-five Eskimos, men, women and
children, with their entire equipment and mode of
living, including the Alaska dogs, sleds and all
their equipment.
I visited the exhibition and feel it of sufficient
importance to say to you to Jet your children do
likewise. It is something that they-may never see
again. If will teach them . more geograph.y, more
natural history and give them more experience in
a half-hour 's visit than' they .can get in "a" year of
reading history of the Far North. Yours truly,."
II. WITTENBERG.
of the largest entry lists ever recorded
is billed for this competition.
Takes Cargo From Tillamook.
ASTORIA. Or.. Dec. 19. (Special.)
The schooner Hugh Hogan, with a
caro of lumber for San Francisco, was
towed to sea from Tillamook; today.
The schooner Cotama and Queen are
loading lumber at the Hobsonville mill
for San Francisco.
Donough and Deopler Draw.
NEW ORLEANS. Dec. 19. Young j
Donough, of Boston, and Dave Despter j
fought 10 rounds to a draw here tonight
before the Royal Athletic Club.
HANDBALL TOURNEY ENDS
Finals to Be Played Next Week to
Decide Honors.
The handball tournament, which has
beon under way at the Multnomah Club
for the past several weeks, narrowed
down yesterday to the finals, when Jones
and Jonea defeated Heusner and Living
ston in one of the hardest-fought contests
ever witnessed on the club courts. The
victory puts the Jones brothers In line
to meet McAlpin and Ellsworth In the
finals, which game will take place next
week. 1
Heusner and Livingston, the two young
sters who have been playing such a phe
nomenal game, gave the clever Jones
brothers a redhot contest for the honors.
The first game was won by the Jones
team by the -close ocore of 21 to 20.
The exertions of the younger pair
seemed not to tell on them very much
when the second game started, for they
went at It with the same dash which
marked the first. However, the clever
ness and excellent team play of the Jones
brothers finally won out for them by th
score of Ht17.
The handicap billiard tourney at the
club commence tomorrow night and one
Sick Hair
If your doctor approves, then use Ayer's
Hair Vigor. He knows the best treat
ment for your hair. Trust him.
Viaorl
AuersHair
iS NEW IMPROVED FORMULA
If sick, hair only ached as sick teeth do,
there would be very few bald people in the
world. Why be kind to your teeth and mean
to your hair? Ayer's Hair Vigor keeps well
hair well. Cures sick hair. Feeds weak hair.
A hair-food, a hair-medicine, a hair-tonic.
We have no secrets I We publish
the formulas of all our medicines.
J. C. AYER CO.", Manufacturing Chemists, Lowell, Mas.
sS
VOX V sT
(li 4!t '.''''. i'
1if VVrW J '
X -v .vv
'4 .i ..
' - - v 1 "J d X
? - t i
it 5 - :
This Is
the
New
Empress
Nippon
Coat
Princess
Nippon
Similar
The prices of these Coats have until now never been cut 5 cents, as people know
these elegant garments have been sold at their regular prices of from $25.00 to
$35.00, according to material. So here is your chance. About 400 elegant Empress
yo"Poanncfllretr Coatsat 25 Per Gent Off Regular Price
. All Other Style Goats
A , fFE1 These arc the regular Fall st.-e Coats, such as other stores arc
A2 VCC selling. There are almost give-away bargains in these.
SPECIAL GOAT BARGAINS
150 Odd and End Sizes, at . . . . . . . . r . .. .. $4.95
$10.00 to $12.50 Coats in these
Great Bargains in Suits, Opera Goats, Evening Gowns
For the next four davs, $175 Suits, Odds and Ends of lines, size, etc., etc
AT ONE-HALF OFF
For. these four days. Evening Gowns, Dresses, etc., etc., at One-Half Off for these
four days. v . n
SPECIAL $12.00 and $15.00 Elegant Voile Skirts at ?6.6
SPECIAL $7.50 Silk Petticoat at - .$3.75
FURS WELL DID WE SAY (JRS
Our big Fur Sale last week knocked a three-quarter hole in our stock, but we have
yet a lot, just the goods for presents. . ;
A few elegant Natural Mink Sets and Scarfs, a few fine Blended Squirrel Sets
and Scarfs, a few very stylish sets of Lynx Sets, a few good, substantial Fox Sets,
a fine bunch of Natural Gray Squirrel Ties, etc., etc.; one superb Red Alaskan Fox
Set, a few nice River Mink Sets.
All these Furs we will close out this U Qff REGULAR PRICE
week at i
Don't fail to find the place 148 Fifth St. Stone Open'Evenings.
Acheson Cloak 8 Suit Company
i