The Sunday Oregonian. (Portland, Ore.) 1881-current, November 27, 1910, Page 11, Image 11

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Newly Adopted Amendment Is
Declared to Have Caused
Chaotic Situation.
Adoption of
Ma km New
Thrcr-r'ourtli Jury
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
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
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.
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
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
Pianos Is
Now in
Full Swing
1 ?
I nils iasi , i ,J '-p t ft--, ! I I '.
i- ,iss i .... mi ,i JJlMJBB IM
5- -
We Are Also Co itinuin g
Our Closing-Oui Sale of
Pianola Pianos and
Others at
Unheard of
Hundreds of "
Families Have One
i v!wjJ $gn&&"&!Tiz2 Jw5.5!S'Ssi2iS h
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.
k- t -
Hood River Will Send Exhibit
of 800 Boxes of Best. .
'We Are Going to Have Show That
Will Surprise Portland," Soya
President Atwell-Kxhiblt Will
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.
;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
'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
"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
First-CIass Waist Maker
f&2?& lev
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
' stock depend
able fur
muffs, stoles,
ties, shawls,
etc. Regular
$3' to $40,
ow yt LESS
Beatitiful, fluffy whites, rich, lus
trous blacks; best quality, hand-,
tied. Regular $10 to. $40, now
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
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.
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.
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
V 7
, 8. U
UA1 JIN'li.
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.
301 First, near Columbia. j