THE SUNDAY OREGOXIAX. .PORTLAND, . NOVE3IBER 27, 1910. 11 ISu an JUDICIAL SYSTEM RENDERED LOOSE Newly Adopted Amendment Is Declared to Have Caused Chaotic Situation. LEGISLATIVE ACT LIKELY Adoption of Amrndmrnt, Ma km New Procedure Thrcr-r'ourtli Jury Altornrja Mode of Judicial Most lrnllal. With It Judicial lystfra retting only upon a discarded contltutlnnal rla-hl. la Ilea of no law on the ubje t. the Stat of Oreon find Iti'lf In the unique poattlon of waiting I"' ' Stat Legislature to present It with an en tirely new mode of Judicial procedure. 1n ennaequenre of th adoption of arti cle VII to the constitution at the re cent election. T!il. In subntanre waa tha opinion of several lawyer Inter Tlewed yesterday on the ub)e t. Vpon the otri-lat ballot at the recent lection there appeared an amendment to the constitution bearing the num bera 31 and JJ. It waa proposed by Initiative petition and was described aa follow: , Amendment I Pcscrlbod. "For amendment to the constitution of the State of Oregon, providing for erdlct by three-fourth of Jury In clvl casein ' authorising itrand Juries to be summoned separate from the trial Jury, permlttlnf chance of Judicial system by statute, prohibiting re-trlal where any evidence to support verdict: pro viding for affirmance of Judicment on appeal notwithstanding error commit ted In lower court, directing; Supreme Court to enter such Judgment as should have been entered In lower court: fix Ins; terms of Supreme Court: providing Judges of nll-rourts be elected for sis years, and Increasing Jurisdiction of Supreme Court." Apparently the prefix for the voter reada very entertainingly, say the at torneys, and on the other hand the dis covery Is made that while the ballot title of the amendment appears not serious, when compared with the com plete article In the constitution for which It la a substitute, the full Im portance ran be realised. The portion of the amendment omit ted from the ballot makes no provision for a Chief Justice, for meetings of the Supreme Court except at Salem, for the establishment of Circuit Courts, for County Courts, for County Clerks, for Sheriffs and for Prosecuting Attor neys. Kach one of these departments with broad statements as to their powers and Jurisdiction, was clearly defined In the old constitution. "The courts' Jurisdiction, and Ju dicial system of Oregon, except so far as expressly charged by this amend ment, shall remain aa at present con stituted, until otherwise provided by law. But the Supreme Court may. In Its own discretion take original Juris diction In mandamus, quo warranto and liaSeaa corpus proceedings." Change Can Be Made. This Is the section In the new amendment which permits the whole Judicial system to exist aa It Is at present. But according to the legal opinions expressed yesterday It la sub ject to any change a legislature may make. In other words, attorneys say. the Judicial system of the state Is not based upon a constitutional provision except the Supreme Court and even that body does not have to follow the rulea of procedure, but can look over any point It may desire and give a de cision without regard to former court. Juries or procedure. "I regard the amendment." aald Pre siding Judge Clcland. of the Circuit Court, "as the must sweeping, the most drastic and the most remarkable In the light of mojern Jurisprudence known In the country. I'nder this constitutional provision Judges may be appointed by the Governor, providing the legislature fit to make the law. To the list of Judges might be added the sheriffs, the prosecuting attorneys, the county clerks and such other ministerial of ficials as may be used In connection with the court. That is If the Legis lature says so. preme Court. One purpose of the mendment Is to make such kinds of Injustice Impossible where the corpora tion or the rich man wins because he has the longrst purse." James B. Kerr, a well-koomn attorney, speaking of the new amendment last night said: "It Is a new departure In the history of the Jurisprudence of the Kngllah-speaklng race. 1 know of no place In the world where the highest court win have such unlimited authority I as the new Supreme Court of Oregon. I do not hare so much fear for the re organisation of the Judicial system of the state, as provided by the amendment leaving the whole matter In the hands of the Legislature, aa 1 do for the power given to the Supreme Court to change the verdict of the Jury In the lower court. Original Jurisdiction fnlntended. "The organisation of the court waa never Intended to be one of original Jurisdiction. To give It that power Is to belittle Its dignity. My ob lections to the amendment are that the Supremo Court can amend or modify the verdict In a civil action of the lower court where a Jury hsa pssned upon the facts. TI:e second obiectlon Is that It ts contrary to the principles of the country's law. It Is certainly a wide and revolutionary de parture and we have added one freak to our legislation, which will cause no end of comment throughout the country of a character derogatory to the state's good name and influence." There will be a mass meeting of the Multnomah Bar Association to be held In Department No. I of the Circuit Court for the consideration of the new consti tutional amendment next Tuesday. M. I. Pipes. Ralph Moody. A. K. Clark. Fred V. Holman. Ralph . li. Duntaay. Jamea B. Krr and others will address the association upon the revolution, which has taken place In the Judicial system of Oregon. It Is predicted that the speeches will be of sn interesting character. Appearing yesterday morning , In the anteroom of the grand Jury. Peter Bruno, reputed "boss of the North Knd." made demand upon I'lstrlct Attorney Cameron that - Bruno's relations with the police and public; officials gener ally should be rigidly Investigated. Bruno, who was accompanied by John Cordano. as Interpreter, asked for an Immediate hearing, but was told that the Jury had Its hands full for the day and that the matter would be taken up at a later time.. Bruno denied emphatically that he had any Improper dealings with any police officer In the way of securing; protection for his saloon or his asso elates. lie said that It was not true that he had enjoyed special privileges or had dictated who should receive them. He especially asked for a probe of his connection with the murder of Italian In front of his saloon wherein It was charged that he had given misleading testimony before a Coroner's Jury. An officer who recently penetrated to the deepest Interior of Bruno's place at SO North Second street, found that the current reports of a large number of women being housed there are In correct. It appeared that the place Is used more aa a rendezvous, only an elderly housekeeper being; present at the time or the visit. No clothing or other evidence of occupation by many persons was found. The den Is a per fect labyrinth of blind' passages and dark halls. Investigation of police conditions by the grand Jury has been but a mild affair so far. and the. life of the Jury. ends in a few days. Members of the body were genuinely Interested In re ports of graft In the police depart ment, but after calling a few wit nesses the matter waa allowed to apse, nothing at all having been done In the matter In the past two days. Three witnesses are known to have been before the Jury who are supposed to nave been questioned about the matter at Issue. Frank Mlnto. ' oro- j prletor of a saloon on Flanders street which Is said to be a "combination" house, waa one of them. Another was the housekeeper of the rooms over Pete Bruno's place, and the third was a woman employed In a similar ca pacity over Al Wohler'a place, at Fourth and Stark streets. After these witnesses were heard no others were called In. Amendment I Ilrtmarkaltlr. "Eliminating; tlie objects to be at tained by the amendment, the avoid ance of technicalities, the three-fourths Jury system, to simplify procedure on appeals ana to remove tne pretext for new trials and to allow the Supreme Court to take original Jurisdiction I ay eliminating theae grave questions the amendment ta remarkable In that there Is no provision for other courts and the machinery with which to work them. I apprehend you will find few atates In the Nation with bo little on the subject. of the Judicial system In their constitution. "The greatest danger of the amend ment comes In the power of the Leg islature to make any sort of change It may deaire in the Judicial machinery, as well as In the Jurisdiction of the court. It can be readily observed that the power of the courts rests with the legislature rather than the people where It has always been alnce the adoption of the National Constitution." VUcn Back of Amendment. The amendment Is the product of the People's Power League of Oregon as conducted by W. S. U'Ren. In the prospectus for securing votes for the amendment it waa contended that it would remove restrictions upon the power of the people to make a law for any kind of court they want and would allow the people and the Legislature to transfer to the Circuit Court the law and the probate business of the county Judge In counties where that might be done to advantage. "It was presented for adoption." de clared the the officers of the league, "to simplify the procedure upon ap peaia to the Supreme Court and to re move the pretext for new trials In those cases In which substantial Jus tice Is done by the verdict and Judg ment, but In which the trial court may have made a technical mistake: or If the verdict is Just and the Judgment la not It was Intended to make it the duty of the Supreme Court to enter the proper Judgment, if that can be done. Instead of sending It back for a new trial. Another aim is to allow the Supreme Court to lake original Juris diction In. Important eases of habeas corpus, mandamus and qua warranto, the latter being used principally to prevent mistrials and bung Jur'ea by allowing three-fourths of a Jury to ren der a verdict in civil cases. SANTA GLAUS BECEIVES HIXKRKDS OF CHILDREN' EX JOY SAINTS HOSPITALITY. LuiM'liron In Focal Tea-Itootu and Gift or Toys Make tHxasion Memorable fop All. "Hons;" Juries Common. "Every clttsen knows of "hung' Juries In civil eases, followed by new trla's. appeals to the Supreme Court, reversals and another new trial and perhaps yet another appeal to the Santa Claua waa the host at a party given to children at Tull A. Glbba' store yesterday. This was the second day of the party. tl rame number of Utile onea having been entertained Fri day afternoon. All children who vWted the store Monday. Tuesday and Wednea day were requested to register and to thoee who did so Invitations a ere Issued. Four long tablea were arranged In the wistaria tearoom, where the tea was given. Green and red Christmas bells hung from the archway and ceiling and were suspended over the snowy tables. Rotes of the green and red tissue paper were used In the decoration. Rustic hang ing., baskets Of ferns, pots of flowers and plant gave a festive air to the occasion. The children were assembled In the basement in the toy department, where there was a Santa Claua to amuse them. One hundred children at a time were marched upstairs and seated ire the tea room, where they were served with a dainty lunch consisting of sandwiches. Jhree varieties of small cakes and Joe cream- One and all were met and greeted at the door .of the tearoom by Slanta Clau. . . After luncheon the children were con ducted down stairs, where- each one was presented with a bag of candy and a souvenir toy. Among those who enjoyed . the party were the Inmates of the Children' Home, who received a special Invitation. To the children of the Boys' and Girls Aid Society Invitations were alro issued, but tbey did nut attend because so many were suffering with, colds. - There Has Never Been a Chance Heretofore in the United States to Compare Carefully, Side by Side, Every Worthy Make of Player Pianos Our Introductory Selling of the Latest and Most Won derfully Improved Types of Player Pianos Is Now in Full Swing 1 ? I nils iasi , i ,J '-p t ft--, ! I I '. ISX1 i- ,iss i .... mi ,i JJlMJBB IM 5- - We Are Also Co itinuin g Our Closing-Oui Sale of Pianola Pianos and Others at Reduced Prices Hitherto Unheard of Hundreds of " Families Have One i v!wjJ $gn&&"&!Tiz2 Jw5.5!S'Ssi2iS h PLAYER-PIANO LEADERS HEADQUARTERS FOR ALL MAKES TALKING MACHINES WE'RE INTRODUCING AND SELLING Upon Our Little-Prof it-Per-Piano Policy: The Boudoir Player Piano (no library), price $144 The Eilers Bungalow Player Piano (and library) , $496 The Wonderful New Piano-auto (no library) $492 The New Kimball Player Piano (and library) $640 The Genuine Autopiano (with soloist device and library) .....$582 The Lawson Player Piano De Luxe (and library) $695 The Hallet & ' Davis Player Piano (and . library) ;..$742 The Lester Player Piano (and library) $865 The Krell Solo Auto-grand (and library) ,. . .$950 The Decker De Luxe Player Piano (and library) $875 The Eilers De Luxe Player Piano (and library) $835 The Wonderful Welte Mignon (with keyboard and library) .. $1720 The above prices are for plain cases. A reason able additional price is asked for fancier styles and larjrer'sizes of the various instruments enumerated. This, is positively the greatest and foremost as sortment of the latest and most highly developed player pianos obtainable today. It is a regular expo sition, supreme, unapproachable. WE'RE CLOSING OUT All Weber Pianola Pianos; prices : " $770, $627, $550 Steck Pianola Pianos, pikes! $650, $585, $500 Wheelock Pianola Pianos, prices: $550, $475, $450 Other Pianola Pianos as low as $325 As stated before, -vve are discontinuing these in struments, and others, too, which in some way or another have not been able to keep step with the rapid and truly wonderful progress in modern player piano making. ' We are not alone in this .decision. The foremost houses in Chicago, also of Cincinnati and of St. Louis and other places, have discontinued the Pianola Piano. Apollo Pianos must go; our prices $600, $500 We are closing out also some Knabe Angelus Pianos, prices $600, $520. Sohmer Cecilians, prices $580, $535. Apollo Player Pianos. For the above named instruments wonderfully broad claims are frequently made, which, however, apparently will not "make good" when any of these instruments are compared with the latest of our riayer Pianos. 1 spat k- t - 3UI PLAYER-PIANO LEADERS HE AD Q UARTERS FOR ALL MAKES TALKING MACHINES APPLES ARE GDMING Hood River Will Send Exhibit of 800 Boxes of Best. . 2500 BOXES TO BE SHOWN 'We Are Going to Have Show That Will Surprise Portland," Soya President Atwell-Kxhiblt Will r Open on Wednesday. He has just grown a huge radish weighing 21 pounds and four ounces, which has been taken to Portland to be placed on exhibition In the Cham ber of Commerce. Iast Summer at the close of harvest, Mr. Sain astounded his neighbors by' announcing that from an oat field of 37 acres he ob tained an average yield of 117 bushels per acre. PROFESSOR KRAUS SPEAKS ;irl III, Jack Johnon- Kree. NEW YORK, Nov. . Jack Johnson, world's champion heavyweight pugilist, who was arrested yesterday, charged with assault on Annette Cooper, a show girl, and with disorderly conduct, was discharged from custody today. Miss Cooper did not appear. Instead, she sent a letter enclosing a physician's rertittcata that she had been 111 In bed for the last 10 days, and was In no con dition to leave her home, and requested that Johnson be 'kept In custody for two weeks, when sh would be able to ap pear against him. Magistrate Kreschl refuren lo put the case over, and dis charged the prisoner. - Man Struck by Train. Jacob Helnrleh was found by Patrol man Sims yesterday morning In the rail mad yards near the plant of tlie Pacini Pottery' Company. In North Portland. He had apparently been thrown from or lilt hv a train, and drugged a considerable distance. The man. while not uncon scious, was pe--lileis and could give no account of the accident. He was suffer ing from a . broken arm and numerous r.rulc. He was sent to St. Vincent's Hospital. 'The Hood River Apple Show In Its entirety Is being packed tonight and Is to be shipped to Portland to form part of our big display," waa the encourag ing: word of Secretary power, or tne Portland Apple Show, over the long distance phone to The Oregonlan. The are Kno -boxes-all tola,' tno sec retary addcu, ana inrn caugni inn breath for another outburst of enthus iasm over his good luck. The Portland apple show will open Its doors on Wednesday In the Majestic Theater building, corner of Fifth and Washington, and Is going to be a sur prise to all visitors. There arc 1700 boxes of apples In cold storage already, wait- ng to enter the competition fur the various awards. With the suo ooxes from Hood River, the total display will be 2&00 boxes, and there are besides vast displays of plate exhibits, fruit of nearly all kinds and tne latest ana most approved appliances for handling fruit. Tlie promoters of the show have been untiring In their efforts to make the display of sufficient size to awaken renewed and larger interest in tne apple Industry of the state. President Atwell said last night: "We are going to have's "show that will sur prise Portland. Kvery man. woman or child who Is Interested In the develop ment of this particular division of Oregon's resources should attend.." Ail the racks, tables and stands are now belmt erected on tlie two floors of the building. Monday will witness the arranging of the displays, and by Wednesday it Is expected that every thing will be In shape to handle the throngs which will visit the show. Chicago Show. In Preparation. CHICAGO. Nov. 2. Three shifts of workmen, assisted by growers and packers from the Pacific Northwest, are working day and night In the First Regiment Armory to have everything in readiness for the National Apple Show beginning next Monday morning when 2.000,000 specimens will be on exhibi tion. Growers yesterday began Install ing the district displays from orchards In Washington, Oregon. Idaho. Mon tana and tha province of British Co. lumbia. - - Hard scrabble" Form Is lllt-h. FORKST GROVK. Or., Nov. 26. (Spe cial.) T. . W. Satn's "Hardscrable" farm In the Scoggins Valley neighbor hood is misnamed, for It Is among tha most productive ranches In the county. Pollinlzation Subject of Interesting Address Laxt Kvenlng. Principles of pollination, as applied to orchard fruits and commercial frult-rais-Ing, were discussed In an address by Professor E. J. Kraus, of the horticul tural department of Oregon Agricultural College, at the Young Men's Christian Association last night. The speaker said that the subject of pollination had not been thoroughly ex ploited, although experimental, work had been going on In different parts of the 1'nited States a good many years. Not all of the important results of pollina tion, therefore, he said, could be deter mined, but experiments so far conducted gave conclusive evidence that this fea ture of orcharding was essential In pro ducing the best result. "One of the effects of pollination, the process of which is simply the transfer ring the pollen from the blooms of one variety of fruit to those of another va riety, is the production of a larger and hardier fruit." said Professor Klaus. "This result is obtained, too. without affecting the color of fruit of either va riety putlfnated. , "In order to obtain the results de sired. It Is necessary to operate upon two varieties which come into bloom about the same time. In regard to apples, we find that the Newtowns and Spltzen bergs are reciprocal and pollinate each other exceedingly well. The fruit of either variety produced is usually larger and weighs more, and at the-same time the color of neither la affected In the least. "In planting young orchards, we find that the best way Is to set out four rows of. say. Newtowns. and then four rows of Spitzenbergs. By having the varie ties alternate In this manner throughout the orchard, the pollination Is effective. It is also convenient to harvest the two varieties when segregated In this man ner. "The most successful orchardists in tha state have found that the results of the proper arrangement of varieties for the purpose of disseminating pollen . have proved of inestimable value for the pro duction of the best commercial fruits." to have Red Cross Christmas stamps on sale here during the holiday season. The Clark County Public Health League -will have charge of the local sale of the stamps. Medium Gets Two-Year Term. DES MOINES, la.. Nov. 26. George Weigand, a profeslonal "medium" who pleaded guilty yesterday to using the malls to defraud by representing that a fortune awaited him In .England and that he needed money to help get it, was sentenced to two years In the Federal Penitentiary at Fort Leavnworth by Judge Smith McPherson in the Federal Court here today. Logger Dies From Injuries. Terribly mangled by being run over by a logging engine near Kelso, Wash., Irving Holland, a logger, was brought to tills city yesterday afternoon and was taken to St. Vincent's hospital. His leg was amputated but Bolland was unable to survive the shock of the injury and amputation, and died an hour later. He was 19 years old. Welsh Anthracite Is Ideal for furnace: over 500 use It. Phone E. 303. C. 2303, The most modern steel coal cars will dump 60-ton loads In 2 minutes. Pennsylvania Society Sleets. ' MEDFORD, Or.. Nov. 26. (Special.) The annual meeting of native Penn sylvanlans in the Rogue River Valley was held In the Presbyterian Church at Medford Saturday. More than to na tives of the Keystone State gathered and talked over the "good old days." Every member told of some experience or reminiscence of Pennsylvania life and Rev. W. F. Shields, president of the organization, gave an excellent ad dress on "Pioneering in Pennsylvania." Husbands and wives of native Penn lylvanlans ara honorary members of this society. Vancouver to Get Red Cross Stamps. . VANCOUVER, Wash.. Nov. 26. (Spe cial.) Miss Beal, of Seattle, spent the day In the city making arrangements CREEPING, CRAWLING CREATURES WITH THE - POWERFUL PULL WANTED! GLOVE FITTERS First-CIass Waist Maker f&2?& lev E1Y CLEARANCE SALE Smart,. classy Trimmed Hats, large and small, black and colors. Regu lar '.$6.00 to $40.00. Hundreds to choose from, at JUST HALF Also three big tables of ex tra specials as follows: LOT l--Forty trimmed Hats, formerly $4.00 to ij4.7."), to go now al $1.90 LOT 2 Fifty Hats, former ly $5.50 to $G.50, while thev last at $3.75 LOT 3 Forty Hals, regular $7.00 to $9.50; your choice t $3.90 J New "Ding-a-Ling," "Fad" ' and other small severely tail ored little New York and London models. Regular $10 to $20, at Vi LESS Immense ' stock depend able fur muffs, stoles, ties, shawls, etc. Regular $3' to $40, ow yt LESS WILLOW PLUMES Beatitiful, fluffy whites, rich, lus trous blacks; best quality, hand-, tied. Regular $10 to. $40, now JUST HALF All Hair Goods Switches, Braids,. Puffs, etc. ... . ..JUST HALF All Children's Hats and all un trimmed Shapes, now J4 to si off. Fraley Bros. Mfl THIRD AND SALMON 'tifJ There's a certain solid as surance of values in OUR NECKWEAR that means comfort of mind and satis faction in personal appear ance. Our prices range from 25c to $30.00 each. F. P. YOUNG 290 MORRISON STREET Between Fourth and Fifth A Seasonable Suggestion. 15 to 20 Per Cent is a fair estimate of the advance in prices in all lines of merchandise in the past five yearsi Glasses which then cost $5.00 are now offered in bargain stores at $1.00. . Are you get ting glasses cheap, or cheap glasses? Think it over, and you will come to the conclusion that the best is none, too good for your eyes. DALLAS OPTICAL PARLORS SIS -21 F.II.I"fi BLDG, ' Cor. Thrril and Washlasrloa Streets. rood Floor. Take Elevator. Without question of doubt "a set of Slul-V5riUVeV'E'aic" Bookcases artistically arranged about the living room would prove a welcome Christmas gift to every member of the family We carry sufficient stock of different stylesjo enable us to guarantee deliveries on time.i TTT T 1 Q Portland's Popular Book L,T I I i i O and Stationery Store THE J. K. GILL CO.-THIRD AND ALDER STREETS V 7 , 8. U UA1 JIN'li. NEW CHINESE MEDICINE COMPANY OPEN This Chlneie doctor and pharmaceutist, of Wat Jin Chi nese Herb Sc. Root Medicine Company. Is American born and a citizen. When 4 years of age he went lo China with his parents and got a Rood education in the schools of that land. Obtaining the honors of Doctor of Medicine, ho wtta permit ted to practice in the Canton Medical College and to study the eminent physicians' prescriptions of centuries. For six years In New York City he was president of the Oriental HoBpltal, where he had such wonderful success with his medications. While there in New York City he net Seid Back, Jr., of Portland, and was induced to come to Portland and open an oft ice. Any man, woman or child with any In ternal, external or eruptive disease who will come to mj fTice can secure free consultation and examination. If you can't call, wtlte and get diagnosis and remedies. S. H. WAIJING CO. 301 First, near Columbia. j I