The Sunday Oregonian. (Portland, Ore.) 1881-current, October 31, 1915, Section One, Page 14, Image 14

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Sunday - Closing Enforcement
Is Restrained, but Ultimate
; Prosecution Is Possible.
Judge McGinn, Though Xot Taking
Sides, Declares Controversy Is
Within Police Power or
' State "Mercy" Plea Made.
AH stores supposed to remain closed
under the provisions of the state Sunday-closing
law my run today without
fear of immediate arrest, but the re
straining order signed by Judge Gatens
in the Kellaher case does not protect
proprietors and clerks from prosecu
tion any time within the statute of lim
itations should the decision finally be
against Kellaher.
Robert G. Duncan, secretary of the
grocers' association, said yesterday
that today he will have a corps of men
at work gathering evidence. He an
ticipates that the courts will decide
against Mr, Kellaher and he proposes
as soon as the injunction is vacated
to prosecute all who may remain open
today if the Kellaher conviction is sus
tained. Mr. Duncan said that Joseph M. De
vers. District Attorney of Lane County,
who prosecuted the case which resulted
in the law being upheld by the Supreme
Court, agreed yesterday to come to
Portland as Mr. Duncan's personal at
torney to act as private prosecutor
against all violators.
He said further that in gathering
evidence today he will have the assist
ance of many church people interested
in the enforcement of the Sunday law.
Washington County to Enforce.
That the determination to enforce the
Sunday law is spreading from Portland
to other parts of the state is shown by
the fact that the District Attorney of
Washington County has given notice
that it will be enforced all over that
county beginning today.
At a conference of District Attorneys
In Salem about 10 days ago, the ques
tion of enforcing this law was discussed
and several of the prosecuting officers
present announced their intention of
enforcing it. It is probable, therefore,
that there will be arrests in all parts
of the state.
Mr. Kellaher's case is to come to trial
next Saturday, so for this Sunday- at
least there is no danger of "stool
pigeons" dropping In, or at any rate, if
they do it will not do them any good.
Mr. Duncan expressed great chagrin
in District Judge Dayton's court Friday
when he learned that the injunction
would prevent further molestation of
those who refuse to obey the Sunday
Wisdom of Injunction Cited.
Court officials declare that Mr. Dun
can's announced intention of a cleanup
is the best evidence of the wisdom of
the injunction. The only effect would
have been to work the District Attor
ney's office overtime and squander pub
lic money in the payment of jury fees,
officials say, and that at a time when
the whole public cry is for economy.
The decision in the Kellaher case will
hold good as to all others similarly
One of Mr. Kellaher's chief conten
tions in appeal is that he operates a
meat shop and bakery as part of his
business. Both butcher shops and
bakeries are exempt under the law.
The modern grocery, he contends, is
the butcher shop and brakery of 1854,
the year when Sunday-closing legisla
tion was first adopted in Oregon.
Police Power Is Declared.
Circuit Judge McGinn, while not tak
ing sides in the controversy, declares
that as a matter of law the Sunday
closing law is within the police power
of the state and that the whole trouble
arises from the method of its enforce
ment. 'That law means that druggists
should sell only drugs for the relief of
Illness on Sunday, that restaurants
should serve only meals, that butcher
shops should sell only fresh meats, and
so on," he declared.
"l.lvery stables are exempt because
In the old days there was lack of rail
communication and it was often a case
of necessity for a man to get some
where in a hurry on Sunday. It would
be held that the modern automobile
livery is exempt, in that automobiles,
to a great extent, have taken the place
of horses."
Another point which may prove in
teresting in Mr. Kellaher's case on ap
peal is his contention that the condi
tions of modern city life make Sunday
opening of grocery stores not only a
necessity but. a mercy. .
Herrrsal In to Be Asked.
He will ask for reversal of his con
viction on the clause in the law which
states that "all circumstances of ne
cessity and mercy may be pleaded in
defense when the case is tried before
a jury."
The principal fight, though, will be
made on the constitutional question in
volved, which is: Is the Sunday-closing
law class or religious legislation,
and as such repugnant to the National
On the ground that the phrase "Lord's
day" occurs in the law. Judge Canten-bi-iu
held some years ago that it js re
ligious legislation and hence invalid.
Two-Thirds or Chicago's Printers In
Job Shops Out of Work.
"Who is to blame because two-thirds
of the job printers of Chicago are out
r worn ana begging Tor unemployment
benefits through their union?" is a
recent issue of the Manufacturers'
News, captioned "A Hunch for Gov
ernor Dunne's Unemployment Commis
sion." "The tariff," is the reply quoted from
a printer in the same editorial. "The
Vnderwood tariff, nothing else. The
printing business, reflecting general
conditions, has gone to h 1 since the
Underwood tariff was passed. It has
been harder to get a job. You can
guess how the printers would vote. We
want a tariff that will make business
what it was three years ago.
"And all day long in that shop men
thrown out of work by the operation
of the tariff law, so they say walked
up several nights of stairs and begged
the harassed foreman for work just
a few hours work and although this
is one of the busiest shops in town and
running with a greatly reduced force,
he hadn't the work to give them."
Wedding Guest at 82d Aniversary.
ECHO, Or. Oct. 30. (Special.)
Mrs. A. K. Hammer left this morning
for College Place, Wash., to attend
the S2d wedding anniversary of her
uncle and aunt, Mr. and Mrs. Nick
Oliver, of that place. Mrs. Hammer la
the only living witness of the marriage
of Mr. and Mrs. Oliver.
1 I J) LJ VI- . n ! 1 . M
jf 3 . - ;-:r) , - -a j "
(1) Performers lu "All Aboard for Blanket Bay" (Left to Right) John Sllloclc. Helen Zlgler, Robert McColloeh,
Corrlne Buck, Violet Jannlngi, Marvin Bnerhtel, KUxabeth Shurluck. 2 Corrlne Buck Off to Dreamland.'-" . (3)
Laura Shay, Who Had Charge of the Little Dancers. (4) Violet Jennings In a Graceful Step.
Oregon Guardsmen Figure in
Notable Triumph.
State Is Fourth in National Match
With 43 Competitors Sergeant
Pearson Third Against All
Individual Contestants.
Sergeant H. B. Conner 309
4 Corporal L. H. Spooner 30S 4
i&ergeanL v. vvooten sua
Lieutenant O. A. Stevens. ... 302
Sergeant J. li. Woiford 302
t C. A. Myers 300
I Sergeant S. U. Pearson 298
I Knsign L. M. Spooner 29S
Sergeant L. C. Tennis 292
J Corporal D. R. Chase 291
I Sergeant A. A. Schwarz 290
? Corporal G. L.. Irwin 285
Returning from the National rifle
matches at Jacksonville, Kla., where
Reading Kroii Left to Right tipper Row) Sergeant A. A. Swan. Corporal L. H. Spooner. Corporal D. R. Chase, Sergeant H. B. Conner, Corporal li. I.. Im-la. Sergeant R. S. J. Hamilton, Ser
geant L. C. Tennis, Sergeant S. W. Pearson. Sergeant K. V. Wooten, Sergeant C. V. Tnornton, Sergeant J. II. Woiford. (Unrr Row) Sergeant H, (i. Hefferman, Lieutenant U A. Stevens,
Captain Eugene Moshberger, Captain J. A. Buchanan, Team Captain; Captain W. F. Dougherty, Lieutenant T. W. Swarta, Ensign L. S. Spooner, C A. Myers, Naval Militia.
they made the best showing that an
Oregon team has ever made, the mem
bers of the team from the Oregon Na
tional Guard and the Naval Militia
will arrive in Portland early in the
Standing fourth place among the 44
teams from National Guard, regulars,
military and naval academies, the Ore
gon team maintained its position in the
first division and brings to this state
many individual honors as well. Only
one other National Guard team that
was represented in the National
matches had a better score than the
Oregon men. The team from Massa
chusetts beat Oregon by a bare 13
points out of a total of 3574. The teams
from Wisconsin, New York and Penn
sylvania finished 7, 8 and 11 points, re
spectively, behind the Oregon team.
The Oregon team was the only team
from the West that had a score placing
it among the first 10.
Of the 44 teams competing, Delaware
and South Carolina were the final two.
Sergeant Pearson, by virtue of his
winning third place in the National in
dividual match, was retained as a mem
ber of the picked team from allthe
National Guard teams in the country,
to compete against a picked team from
the Regular Army. The match resulted
in the score of 2228 to 2174 in favor of
the militia team. The match included
200 yards rapid fire, and 600 and 1000
yards slow fire.
The members of the Oregon team are
now supposed to be in San Francisco,
and will undoubtedly leave for Portland
tonight or tomorrow, a3 their expenses
are paid only until November 1.
Human Side of the British Empire.
L,. V. Jacks in Yale Review.
The following well - authenticated
story conies from a civil officer in a
remote part of Burma. One early morn
ing not long ago this officer found an
ancient Burman squatting on his heels
in front of the bungalow, whom he
recognized as the headman of a vii
lage distant 5) miles away in the hills.
Questioned by the officer as to the pur
pose for which he had undertaken so
long a journey through the jungle, the
old man replied as follows: "Thakin
(master), my villagers wish to make
some return -for. the favors bestowed
upon us by the British government.
The government has lessened our taxes,
killed the leopards, given us good wa
ter, and appointed a most discrimi
nating policeman to visit us when need
shall arise. And now I am come to
tell you that we have in our village
eight guns, ancient and well-tried, and
all held under a license granted by the
most honorable Thakin; we have also
four pounds of excellent gunpowder in
a bottle, and a bag of bullets; -these
being neither more nor less than the
Thakin'a license permits us to hold.
Moreover, there are in our village two
trackers who have proved their skill in
the capture of dacoits. Thakin, we
have heard a rumor that the British
government is in great trouble with its
enemies. Wherefore our villagers have
empowered me to say that the eight
guns, bottle of gunpowder, the bar of
bullets and the two trackers are freely
at .tn.s disposal 01 the British govern
Whitman Frnecli Club Klects.
Wash., Oct. 30. (Special.) L' Alliance
Francais, the French club of Whitman
College, held Its first regular meeting
last night at Reynolds Hall. Officers
elected were: President, ' Clarence
Thorn, - Lebanon, Or.; vice-president,
Lucille Kelling. Walla Walla; secre
tary, Gisla Elliot, Walla Walla; treas
ured. Virgil Argo, Walla Walla; re
porter, Mayzie Penrose, Walla Walla.
Costa Rica yearly Imports $20,000 worth
of laundry soaps.
v&&m - --Sr-'vss 'H.? Js"Tfj
OCTOBER 31, 1915.
Estimate Is That Total Will
Be Two to Three Mills
More Than for 1915.
Among Uncertain Items Is - Koad
Provision, as ' Policy Has Not
Been Indicated School
Rate Likely to Advance.
With an increase in the tax levy for
municipal purposes a certainty, an In
crease In the school levy probable and
little hope of material reductions in
the levies of other branches of govern
ment supported in part or in whole by
the taxpayers of Portland, the pros
pects are the total tax levy for 1916
will be 2V4 to 3 mills higher than for
Budget-making is now under way by
most of the branches of government,
but none has completed the work.
From all that can be learned the levy
for municipal purposes will be close to
1.5 mills greater " for 1916 than for
1915; the levy of the School Board of
District No. 1 will be all the way from
1.6 to 2 mills greater; the state levy
In Multnomah County will remain
about the same as for 1915; the county
levy for general purposes may be
trifle higher; the county road levy may
be reduced; the county library levy
will be the same; end the Port of Port
land levy may be shaved off a little.
Estimate Is SS Mills.
The total levy on Portland property
owners for 1915 was 22.8 mills. The
prospects for 1916 are that the levy
will be close to 25 mills. It may run
as high as 26 mills or It may drop a
trifle below 25 mills, all depending
upon what the boards and commls
sioners in charge do with the budgets
of proposed expenditures.
For every mill of taxation the prop
erty owner pays tl on each J1000 of
assessed valuation. For the present
year the total tax in Portland for all
purposes was $22.80 on each $1000 of
assessed value, and In 1916 it will be
approximately $25 on each $1000 of as
sessed value.
From the state comes the informa
tion that the levy for next year will
remain close to the present years
ngure. This information is concurred
in by members of the State Tax Com
mission and in the view of State Treas
urer Kay. Commissioner Galloway
says. However, that because of the de
crease in the appropriations by the last
Legislature there is a possibility of a
slight reduction.
School Board Figures Due.
With the City of Portland the levy
cannot help being higher. . With budget
worn getting near an end the lew
stands at 8.9 mills or 1.4 mills higher
man tor The School Board will
get to work in a . lew days on its
budget. It seems to be the consensus
of opinion that a 7-mlll levy will be the
limit. If this levy prevails it will be
an increase of 2 mills over the present
years levy.
With the county there is much un
certainty, xne election next year
prooaDiy win permit no decrease in the
levy for general purposes. No increase
In this levy is probable, however. For
county road purposes the levy is un
certain. Ii all probability It will be
no higher next year, but it may be
lower. This is an uncertain element
so far, inasmuch as the road policy has
not Deen nxed. The county library
levy probably will remain unchanged
at .45 of 1 mill as will also the state
school levy now fixed at 1.4 mills.
-The Port of Portland has not taken
up its budget and it is not known what
special appropriations will be sought.
A reduction of one or two-tenths of a
mill may be possible here, it is said,
provided no large special appropria
tions appear.
levy Likely to Be 3.34 Mills, as
Slade for 1915.
SALEM, Or., Oct. 30. (Special.)
Oregon's tax levy for state purposes
for 1916 will be approximately the same
as this year, when It averaged 3.34
mills on a valuation of $932,413,000, it
was announced by members of the
State Tax Commission today. In view
of the decrease In appropriations by
the last Legislature, however. Commis
sioner Galloway said there was a pos
sibility that the amount required for
state purposes would be slightly lower.
Completed figures of the valuations
in all the 35 counties of the state are
not yet available, but within the next
few weeks assessors are expected to
turn them in as equalized by the
county boards. A few counties have
sent in their equalized valuations.
The tax commission for the last
month has . been compiling the valua
tions on pubic utility properties
throughout the state. These will be
ready the latter part of November, but
definite announcement of the total tax
able value of all property in Oregon is
not expected until early in December.
Last year the commission did not com
plete Its work until the middle of De
When all the counties have reported
and the public utliity values have been
equalized, it win be necessary for the
tax commission to equalize the total
values for the different counties ac
cording tor their respective ratios.
The law provides that the state tax
levy shall be made in December, and
until then it is impossible to determine
wsat the exact levy will be.
After the Legislative session of 1913
the tax levy for last year totaled $4,
165,000. In 1913 the tax levy was but
$1,122,000. When the commission fixed
the 1913 levy it was not able to antici
pate what the Legislature of that year
yould appropriate and. therefore, in
1914 the levy had to be increased to
provide for the appropriations made.
This year the levy was $3,112,000.
At the 1913 session, however, the Leg
islature passed a measure whereby the
Tax Commission Is enabled to anticl
pate Legislative appropriations, and
thus the state levy is now more equally
distributed between the two years In
tervening, from one Legislature to an
Gresbam Union District Fears Big
gest Levy Allowed Is Too Small.
GRESHAM. Or., Oct.- 30. (Special.)
A tax of 3.5 mills has been levied on
the five districts, composing Union
High School District No. 2. by the
board of directors, for 1916. The
amount levied is the limit allowed by
law and it is feared that it will be
insufficient. If such is the case, a
taxpayers' meeting of the five districts
will be called to authorize more. Bills
to the amount of $3855.98 were ordered
paid by the board for furniture, fuel,
lights and other school supplies.
A petition signed by a large number
of patrons of the school has been pre
sented to the Portland Railway, Light
& Power Company, asking for half fare
rates on all lines. November 22. 23 and
24 the first three days of Tranksgtv
Ing week, will be "Go to School Days,"
at which time all parents are invited
to visit the school.
Bachelor Who Lost Out In Aliena
tion Suit to Vindicate Innocence. -
NEW YORK. Oct. 23. Justice Scud
der, in the Supreme Court at Mincola,
opened the sealed verdict of the jury
which has been considering the evi
dence given in Joseph O'Connor St.
John's suit for $10,000 against Warren
A. Browne for the alienation of the af
fections of Mrs. St. John. Browne
swore at the trial that, though he is 34
years old, he never kissed'or hugged a
woman nor never even held hands
with one. The jury gave St. John
$2000, but Browne says he is going to
vindicate his years of Innocence and
circumspection by an appeal.
It was true, admitted Browne, he
once sat in Mrs. St. John's lap. but her
husband, he declared, had put him
there. In the trial the drawing of a
pig figured. It followed Browne's sig
nature to a rather affectionate letter,
and St, John thought it might stand for
"Piggie," a pet name he believes Mrs.
St. John might have called Browne.
Nothing in the rather tangled story
unfolded to Justice Scudder. however,
aroused as much interest as the testi
mony of the bachelor that he had gone
kissless and hugless through life. St.
John and his wife have been separated
since last Spring and have two small
Astronomers Back "from Buenos
Ayres Also Locate New Comet.
NEW YORK. Oct. 25. The Lamport &
Holt liner Vestris, in from Buenos
Aires, made a new record of IS days 21
hours and 12 minutes from that port to
Sandy Hook, .bringing among other
passengers. Professor William Joseph
Hussey, astronomer of the University of
Michigan, whose specialty is discover
ing twin stars. He has been scanning
the skies in the Southern Hemisphere
at the University of La Plata, In Ar
gentina, with Professor Paul T. Dela
van, of Ann Arbor, and they have add
ed 680 more dual stars to the former
list of 1000. Professor Delavanv who
has a fancy for comets, picked another
one out of the cosmos a few months
Professor Edward C. Greene, of the
Department of Agriculture, who has
been in the wilds of Brazil instructing
the natives in the cultivation of cotton,
said if the country awoke to a realizar
tion of the value of modern agricul
tural methods it could raise a better
quality than Egyptian cotton.
District Attorney Investigating Rec
ord of Publisher.
MILWAUKEE. Oct. 25. The activi
ties of Charles E. George, publisher of
law and banking periodicals in many
states, particularly on the Pacific
Coast, have been investigated by Dia
25-Cent Bottle of "Danderine"
Keeps Hair Thick, Strong,
Girls! Try This! Doubles Beauty
of Your Hair in Few -
Within ten minutes a'ter an applica
tion of Danderine you cannot .a
single trace of dandruff or falling hair
and your scalp will not Itch, but what
will please -you most will be after a
few weeks' use, when you see new hair,
fine and downy . at first yes but
really new hair growing all over your
A little Danderine immediately dou
bles the beauty of your hair. No dif
ference how dull, faded, brittle and
scraggy, just moisten a cloth with Dan
derine and carefully draw it through
your hair, taking one small strand at
a time. The effect is amazing your
hair will be light, fluffy and wavy, and
have an appearance of abundance; an
Incomparable luster, softness and lux
uriance. Get a 25-cent bottle of Knowlton's
Danderine from any drug store or toilet
counter, and prove that your hair is as
pretty and soft as any that it has been
neglected or injured by careless treat
ment that's all you surety can have
beautiful hair and lots of It if you will
J j: t try a little Danderine.- -Adv.
trict Attorney Zabel and his staff.
The District Attorney asserts he has
evidence that George has been married
six times.- His wives, in chronological
order, the District Attorney says, were
as follows: Lizzie E. George, Bath,
Me.; Ellen J. Gallagher George. Boston;
May E. Ritter George, New York and
Chicago; Ida L. Austrian George. San.
Francisco; Albertine Jensen George,
Los Angeles, and Selraa Klein George,
formerly of Milwaukee, now in New
In 1900 George served a sentence of
11 months in the Milwaukee House of
Correction imposed by Federal Judge
Kohlsaat, of Chicago, according to the
records. The charge was using the
mails to defraud.
Notice to Mariners.
Latest of the Bureau of Lighthouses
publications contain the following In
formation bearing on changes in aids
to navigation in tho Seventeenth Light
house District:
Columbia River entrance Columbia
Bar Dredging Range Lights discontin
ued, October 12. Formerly maintained
by the U. S. engineers.
Juan de Fuca Strait Neah Bay Gas
and Whistling Buoy. 2. Characteristic
of light changed. October 16. to flash
ing red every 3 seconds, flash 0.3 sec
ond duration, of 120 candlepower.
Without other change.
Dundee. Scotland, last year Imported from
Tndla STOT'-" hal.s of .1nt.
In Five Minutes Your Sick, Sour
Upset Stomach "Will
Feel Fine.
"Pape's Diapepsin" Neutralizes
' Acids in Stomach and
Starts Digestion.
Take your sour, out-of-order stom
achor maybe you call it indigestion,
dyspepsia or gastritis, it doesn't
matter take -your stomach trouble
right with you to your pharmacist and
ask him to open a 50-cent case of
Pape's Diapepsin and let you eat one
22-grain triangule and see If wlthir
five minutes there is left any trace of
your former misery.
The correct name for your trouble
is food fermentation acid stomach
food souring; the digestive organs
become weak, there is lack of gastric
Juice; your food is only half digested,
and you become affected with loss of
appetite, pressure and fullness after
eating, vomiting, nausea, heartburn,
griping in bowels, tenderness in the
pit of stomach, bad taste in mouth,
constipation, pain in limbs, sleepless
ness, belching of gas, biliousness, sick
headache. nervousness, dizziness or
many other similar symptoms.
If your -appetite is tickle, and noth
ing tempts you, or you belch gas or if
you feel bloated after eating, or your
food lies like a lump of lead on your
stomach, you can make up your mind
that at the bottom of all this there is
but one cause fermentation of undi
gested food.
Prove to yourself in five minutes
that your stomach is as good as any;
that there is nothing really wrong.
Stop this fermentation and begin eat
ing what you want without fear of
discomfort or misery.
Almost instant relief is waiting for
you. It Is merely a matter of how
soon you take a little Diapepsin. Adv. '
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