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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View This Issue
THE SUNDAY OREGOyiAJf, PORTLAND, NOVEMBER 7 195,
IS PUT ON
NOTED ACTRESS PROUD
OF FARMING ABILITY
Dorothy Quintette, at Heili.This Week, Has 47 Acres Under Cultivation
and Boasts of Raising 27 Toy Spaniels.
Judge Gantenbein Unearths
Decision of Several Years
, Ago and Uses It Again.
ELKAEi 32-Four I
FEDERAL CASE COMING UP
AV. T. Hume, on Behalf of Brans-vjck-Balkc-CoIlendcr
Objects to Ruling Permitting
Appeal to Supreme Court.
The Sunday blue law Is knocked out,
for the time being; at least.
With the same punch which proved
no effective In his last battle with the
60-yearold statute seven years ago.
Circuit Judge Calvin U. Gantenbein
yesterday thrust it into oblivion and
released Dan Kellaher from its clutches.
The blue law was declared unconsti
tutional because it refers to Sunday as
"the LKird's day." Therefore, declares
Judge Gantenbein, the evident purpose
of the musty old statute was to pre
vent the desecration or profanation of
the Sabbath and not to insure rest
and recreation. Therefore it is a viola
tion of the constitutional .guaranty of
religious freedom, to obtain which our
forefathers came to this country.
Of course, Judge Gantenbein'a deci
sion isn't final. The Supreme Court
may have something to say.
. Besides declaring Dan Kellaher not
guilty and giving him back his can of
salmon, Judge Gantenbein did some
other things to the blue law.
Ho took up the temporary restrain-in;-
order which Judge Gatens had is
sued and extended it until November
18, before which time nobody in Mult
nomah County can be prosecuted under
the blue law.
JTe amended the restraining: order to
include the Chief of Police.
Permanent Order Promised.
He indicated privately that .on No
vember 18, when the restraining order
comes before him. he will transform
it into a permanent injunction.
He refused a request of District? At
torney Evans to make an alteration in
liis decision in the Kellaher case so
that the state may appeal to the Su
The reson for setting November 18
Ion the hearing of the application for
a permanent injunction against the
enforcement of the law is to enable the
United States District Court to pass
upon its constitutionality. Wilson T.
Hume, the same attorney who appeared
lor Mr. Kellaher yesterday, has filed
a suit in the Federal Court on behalf
of the Brunswick - Balke - Collender
Company, asking an injunction against
the officers of 25 counties, .preventing
them from enforcing the law.
If the Kellaher case should be ap
pealed to the Supreme Court, argued
XIr. Hume, the Federal Court would
refuse to pass on the law until the
State Supreme Court had rendered its
decision. On the other hand, if the
Federal Court case is allowed to come
to an issue. District Attorney Evans
can still appeal to the Supreme Court
from the . decision of the judge in
granting the restraining order.
Can of Salmon Center of Interest.
Probably never before has so much
honor been bestowed upon a poor, in
significant can of Columbia River
salmon as in the Kellaher case. The
can was purchased several Sundays ago
by a man who admittedly did it for the
Turpose of swearing to a complaint
against the East Side grocer. It was
exhibit A in District Judge Dayton's
court and sat on the bench before
His Honor, alone and unafraid before
the stare of the multitude, air. Kella
her was convicted and, at his own re
quest, was fined ?25. He appealed to
the Circuit Court.
Again marked exhibit A. the can of
salmon occupied a prominent place in
the courtroom of Judge Gantenbein.
The evidence was a minor part of the
trial. Both sides waived the right of
a. trial by Jury. W. T. Hume, for Mr.
Kellaher, argued loud and long, citing
the best cases to be found in the stacks
of legal tomes which piled the table
In their turn Deputy District At
torney's Mowry and Murphy argued,
also citing the many decisions with
j-esard to the blue law of 1864.
Decision No Surprise. '.
During the whole proceeding, though,
there was a feeling that Judge Ganten-
ueju wuuiu no just as ne did seven
years ago when M. A. Gunst & Co.
applied for an injunction against
ucurse j. Cameron, tnen District At.
torney, restraining him from enforce
ing tne old law. At that time Judge
i.anienDBin naa granted the iniunc
tion. ruling that the use of the words
-l,ord's day" classed it as sectarian
Jieiorehand the Judge had investi
gated and had procured a codv of hi
previous decision. When all the argu
ments were finished the Judge pro
duced a copy of his decision of seven
years ago and read it.
.his old decision, with a few verbal
Interlineations by the Judge by way of
explanation, forms the present decision
under which the Sunday-closing law is
temporarily knocked galley-west.
In five or six cases Circuit Judges
liave followed the Gantenbein decision
f;ince it was made. But never has the
Supreme Court been called upon to pass
on mat point.
on other points raised in the law
the Supreme Court Judges have said
inry Deuevea sucn legislation was
within the police power of the state.
Hut Judge Gantenbein'a point is a new
one, to them, for declaring It outside
tne ponce power.
Change In Form Denied.
Yesterday's hearing was as friendly
as a quilling party until late in the
lust act. at about 12:30 I M. Then
Iistrict Attorney Evans wanted the
decision changed or a demurrer or mo
tion so ho could legally appeal to the
Supreme Court. It was then that Mr.
Hume rose and disturbed the serenity
of the occasion.
"My client in Federal Court has $300.-
i imo worth of property in these 25 coun
ties." he declared, "and, if the case
can t come to an issue there, his in
vestment will be jeopardized just be
cause ot nan a dozen cranks here in
1 ortland. '
The purpose of the District Attorney
and apparently of all the others, is to
pet some sort of a case under the old
Mini law before a high court immedi
ately so a "once-for-all" decision may
be rendered. The next point of inter
pst. therefore, is the Federal Court.
In declaring the law unconstitution
al. Judge Gantenbein said, in part:
Tex of Decisloa Given.
"The original act of 1854 was en
titled: 'An act to prevent Sabbath
breaking.' The section in the criminal
code of 1S64 is designated as 'Profana
tion of Sunday." in Deady's compilation
or the general laws of Oregon of 1864.
and also in Judge Deady's later com
pilation of 187i'. and in Hill's Annotat
ed Laws of Oregon in 1887.
"The object of the Legislative Assem
bly in passing these acta and the
xmendments thereto was therefore
iearly. to. pi&venl Sabbath, breaking to
; . ; . ' ' ' : t ' -s
j 1 i " ? '
i , "I
Here's value for you a five-passenger Touring model, 115-inch wheelbase, roomy, graceful,
chock-full of style and utility, and back of it the well-known Kissel reputation for fjnish and thor
oughness, selling for $1050! An entirely new Kissel achievement that's a revelation in superior
power and endurance, good looks and good service.
This hew 32-Four chassis comes also with a four-passenger Roadster body, especially built to
receive the new Detachable Coupe Top. This model is listed at $1150.
The ALL-YEAR Car an exclusive Kissel feature whose
detachable top arrangement gives you a closed coach when it's
chilly or dusty, an open car when it's warm and pleasant has
been improved and perfected in design. Two inexpert men can
iccuxujr cttLacii or ueaca me xop m less tnan nait an hour. Tne
lore4- Aat'cf'r-r A-n4- .-P 4-U ATT VT.1 g a t ai t-, t j .
cwu , wijjiiii u ui me ijij-iufnv vfitv. is wie rwoacster
Coupe, a Detachable Coupe Top mounted on the Roadster model of the new 32-Four,
It is listed at ?1450.
DOROTHT QUINETTB, who appears
here the last three days of the
week at the Heilisr, in the fascin
ating: musical comedy of youth "When
creams Come True," actually takes
more pride in being' a successful farm
er than she does In being- a successful
actress but, after all, there ae fewer
of the former than the latter, so her
pride is excusable.
Aliss Quinette has a. beautiful place
at Xorthport. U I- where she" sSPer-'bona d"cu
vises 47 acres, all under cultivation.
It is one of the few "paying" farms of
that section, and last year the peach
crop alone broug-ht In J800, while other
fruit, vegetables, stock and poultry
produced equally ,od results.
And another th.ng- of which this
farmer-actress is proud is her record
in raising- toy spaniels. She has 'raised
27 Prince Charles and Blenheiti span
iels, nearly all of which have at vari
ous times and exhibitions taken rib-
prevent the profanation of Sunday.
Profanation is defined as: First, the
act of profaning-; the abuse or dishon
oring: treatment of things sacred or
divine: desecration. Second, abusive or
Improper treatment of anything: that
should be held in respect; also misuse,
"I,; then, the object, of the -law In
question is primarily a law to prevent
the desecration or 'profanation of the
Sabbath, rather than a law to secure
rest and recreation for the purpose of
promoting- health, and, therefore, en
acted under the police powers of the
state, the enactment would clearly be
in violation of the constitutional guar
anty of religious freedom, and, there
PARISH BAZAAR PLANNED
Special Features Arranged for Each
or Five Nights.
The Cathedral parish is planning a
bazaar in aid of the parish funds, which
will be held in the new CathedrarHall
at Seventeenth and Couch streets from
November 15 until November 19 ' in
clusive. The bazaar will open with an address
by Governor Withycombe. Tuesday
there will be a pioneer tea. under the
auspices of the Ladies' Aid Society.
From 5:30 to 7:30 P. M. a chicken din
ner will be served. This will be Knights
of Columbus night. Frank J. Lonergan
will preside and Senator Lane will give
an address. On Wednendav St TVTai-'a
Academy students will serve tea. The
eyenms will be dedicated to the Ancient
Order of Hibernians. Thursday after
noon will have a special observance tn
honor of St. Ann's Society. This will
be the night for the Catholic Order of
Foresters. .Judge Kavanaugh will give
CLOSING SUMMONS ISSUED
Federal Ccurt Cites Officials of 25
Counties to Injunction Hearing-.
District Attorneys and Sheriffs of 25
Oregon counties are -being served by
United States Marshal ilontag's office
with copies of Federal Court orders to
appear in Portland November 15 and
show cause why an injunction against
Oregon's Sunday-closing law should
not be granted to the Brunswick-Balke-Collander
Company, of Chicago.
District Attorney Evans and Sheriff
Hurlburt were served yesterday, and
deputy United States marshals have
been sent out as process-servers to the
other counties of the state. Copies of
the complaint accompany the court or
ders. The pleadings show that the
plaintiff company may suffer heavy
loss in case the lately revived statute
is enforced. Suit was brought on the
ground that the Sunday law conflicts
with both state and Federal constitutions.
All KisselKars are Kissel-built in every sense
of the phrase; that is, every part, body and
chassis, of every Kissel model, is built-in at'the
Kissel factory at Hartford, Wisconsin, and no
The complete KisselKar line including the
new 32-Four models, the Coupe and Sedan Tops
for the ALL-YEAR cars, a 36-Four Roadster at
$1250, a 42-Six, Five-Passenger Touring at
$1485, and all the standard Kissel models is
now ready for your inspection. Also che line of
Kissel Trucks, ranging from the 1000-lb. ca-
pacity model at $950 to the 6-ton capacity at
$4350. '. H
All Prices F. O. B. Factory 1
The Pacific j
-60 Twenty-third Street, Portland, Or.
Phone Main 6214. EE
Los Angeles Oakland -
MONTESANO CHURCH IS
ALSO COMMUNITY HALL
New Presbyterian Edifice, Which Cost $12,000, Is Dedicated, Many Min
isters Being Present.
ONTESANO. Wash.. Nov. 6.
(Special.) The dedication serv-
ces of tr 4 First Presbyterian
Church of Montesano were held
Wednesday night. Dr. Mark A. Mat
thews, of Seattle, giving the dedica
tory address. Other visiting ministers
present were Rev. J. It. Simpson, of
Aberdeen: Rev. J. W. Beard, of Ho
nuiam: Rev. E. E. Bromiy, of Cos
mopolis. and Rev. James W. Krvine. of
East Hoquiam. Rev. J. lodney Rus
sell, the newly-ordained minister, by
whose efforts this $12,000 church and
community hall has been made possi
ble, took part in the programme.
Music was furnished by Harriman's
orchestra. Mrs. N. L. Lillie. of Aber
deen, sang- a solo and there was other
vocal music by the choir. Aside from
Dr. Matthew's address the feature of
the programme was the official trans
fer of the church property from the
hands of the , building committee.
George K. Hubble and J. E. Calder, to
the chairman of the board of trustees.
Judge Mason Irwin.
Besides the big church auditorium,
which will seat about 300 people, thre
are Sunday school rooms, women's
clubrooms and men's clubrooms. The
women's rooms include a kitchen and
dining-room, all furnished. In the men's
department there is a bowling alley
Moatemano Presbyterian Church and
Rev. J. Rodney Russell, Itm Pastor.
are approved by the T. M. C. A. are
While the church membership in
Montesano is only 75. this $12,000
church was made possible by the com
munity interest in it. Mr. Russell from
the first has made every effort to
make it a community afair, and he has
succeeded to such an extent that the
church started in January was dedi
cated Wednesday night, free of debt
save, what is owed to the board of
church extension of, the Presbyterian
FIRE DRILL RULES GIVEN
SAKKTV COMMISSION OFFERS
STANDARD FOR SCHOOLS.
judge S (rvfiwoo Announce! Owner
Are to Be Fined If Cars Are
Found Blocking; Fire Flaps.
Recommendation that fire drills in
the Portland public schools be con
ducted according to rules that shall be
uniform throughout the city was made
by the Public Safety Commission in a
report adopted at a dinner at the
Chamber of Commerce Friday night.
The report, which was formulated as a
result of the reecnt city-wide inspec
tion of fire drills, made by the commis
sion, will be submitted to the Board
Although not included in the report,
the commission informally approved of
a suggestion that its activities be ex
tended to parochial and other private
schools, if the directors of such schools
care to accept the commission's serv
ices. The consideration of fire drills was
only one phase of the meeting:, which
was called in part to hear a report
from H. P. Coffin, chairman of the
commission, who recently made a
study of safety' first methods that
have been adopted in Eastern cities.
Mr. Coffin said that everywhere it was
re cog-nixed that Portland Is cettins
the pace in this field
Municipal Judge Stevenson, one of
the speakers at the dinner, made an
announcement that hereafter all of
fenders brougrht before him for leav
ing automobiles standing near fire
plugs will be fined.
City Superintendent of Schools Alder
man thanked the commission for its
work of safety-first education among
Some of the recommendations for
firedrills made by- the commission fol
low; That In all schools except where specially
arranged siren are installed, as in the Jef
ferson High, hand bells be used for iv
lug fire signals.
That all door bo kept unlocked In the
school building at all times.
That panic bolts be installed on all doors,
so they may be swung open on the least
possible pressure from the inside and may
be opened by pulling; from the outside.
That the drill be so arranged that pupils
shall not march out in in terser tins lines.
That all exit be used for fire drills, al
though it Is considered advisable at times
to close certain -exits in drills and divert
pupils to other exits.
That all pupils march out on one aiB
aal and not malt for a second signal.
That janitors in all the schools be required
to become absolutely familiar with all the
rules governing fire drills and to partici
pate in each.
That the monitors be required to- pay
particular attention to cripples, as it was
noticed in a number of schools that cripples
were required to bhift for themselves.
That no pupil be permitted to lay in lines
of hose to yhti roof of buildings as was
noticed In one school and that no pupil
be permitted to go to the attif;
Utah Sends for Jack Graham. -Detective
T.iomas Burke, of Ogden.
T'f oh l- i t I ha i n I t .-1
euaaitipo apers lor Jack, tixaiam,
confessed forger, who is wanted In
Ogden for bad-check; operations. Gra
ham wan arrested in Portland in com
pany with a woman live weeks ago as
he. was about to make a "killing" with
bogus pay checks, Francis S. Alkus,
manager of the Burns Detective
Agency, and Detectives Royle and Ma
loney making the capture.
RATE EQUALITY DEMANDED
Portland Mill man States Case In
"Portland sawmill men do not want
a lower rate than the Willamette Val
levy mills, they want the same rate so
tbat they can continue shipping lum
ber to Northern California markets,
which they have been supplying for the
past 15 years," said K. 11. Hansom, man
ager of the K astern & Western Lumber
Company, in his address before the
Civic League at the Multnomah Hotel
yesterday, in which he outlined the
viewpoint of the Portland millmen
on the new Northern California rates.
Mr. Ransom complained against the
Chamber of Commerce, asserting that
it had not put up as strong a fight
for the Portland mills as it should and
that its attorney had too many inter
ests elsewhere to be a very - active
worker in behalf of Portland.
He declared that the Willamette Val
ley does not need an advantage of rates
over the mills of Portland, and that
the Portland millmen would fight as(
long as necessary to bring about a'
restoration of equality in rates.
CIVIL SERVICE JOB SHIFTS
M. K. WIgton Succeeds T. V. Hntcli
ins as Commission Secretary.
Martin K. Wigton, a clerk in the
Portland Postofficc. was appointed yes
terday to the position of local secre
tary of the Civil Service Commission,
vice T. V. Hutchins. resigned.
Mr. Hutchins tendered his designa
tion at the request of the Treasury
Department, which has just made a
ruling that no custodian employes can
serve on civil service boards. Mr.
Hutchins was assistant custodian of
the Postofflce buiMing and of the Cus-tom-House.
positions which he retains.
The change in divil service secretaries
became effective yesterday.
N. F. COLEMAN TO SPEAK
Reed College Announces Vesper
Service and Tjectures.
Professor Norman F. Coleman will
speak at the vesper service this after
noon at 4 o'clock in the Reed College
Chapel. The music will consist en
tirely of compositions of T.schaikow
sky. including "Romance" and three
movements from the Sixth Symphony
Pathetique). Dr. William Conger Mor
gan will grive the eighteenth lecture in
the Reed College extension course XII,
Natural Science, tomorrow Sifternoon
at &-e'locit in tie. biological lecture
room of the college. His subject will
be "The Alfabet of Chemistry." The
Reed College conference on the prob
lem of National preparedness and world
peace will meet tomorrow evening at 7
o'clock, in room 209 of the arts build
ing. Reed College. Max P. Cushing will
be chairman, and James B. Bullitt, of
the Navy League, will speak. Dr. Harry
Beals Torrey will be the chapel speaker
Whenever a shell comes screaming ia the
direction of Polly, a pony .now in tho trans
port service at GalUpoli, she stretches out
her forelegs, lets her head drop to the earth,
closes her eyes, and is instantly "dead."
Then when the shell has passed she rises
FOR THE BOWELS
Two Hours a Day Sawing Wood
WilJ Keep Liver and
. Bowels Right.
You Who Take Exercise in an
Easy Chair Must Take
Enjoy life feel bully! rn't stav
sick, bilious, headachy, constiipated. Re
move tne liver ana bowel poison which
is keeping your head dizzy, your tongue
coated, jour breath offensive, stomach
sour and your body full of cold. Why
don't you get a 10 or 25-cent box of
Cascarets at the drug store and enjoy
the nicest, gentlest liver and bowel
cleansing? you ever experienced? Cas
carets work v.hile you sleep. You wil
wake up feeling fit and fine. Children
aaed ihia saedy, cathartic, togAdv,
APPLY SAGE TEA
IF HAIRJS GRAY
Grandma Used Sage Tea and
Sulphur to Darken Her Hair
and Nobody Knew.
, $ Vv -f-
The use of Sage and Sulphur for re
storing faded, gray -hair to its natural
color dates back to grandmother's time.
She used it to keep her hair beautifully
dark, glossy and abundant. Whenever
her hair fell out or took on that dull,
faded or streaked appearance, this sim
ple mixture was anDlied with wnnrirr-
But brewing at home is mussy and
out-of-date. Nowadays, by asking at
any drug store for a 60-eent bottle of
"Wyeth's Sage and Sulphur Com
pound." you will get this famous old
recipe which can be depended upon to
restore natural color and beauty to the
hair and is splendid for dandruff, dry,
feverish, itchy scalp and falling hair.
.A well-known downtown druggist
says it darkens the hair so naturally
and evenly that nobody can tell it has
been applied. You simply dampen a
sponge or soft brush with it and draw
this through your hair, taking one
strand at a time. By morning the
gray hair disappears, and after another
application or two it becomes beauti
fully dark, glossy, soft and abundant.
not only atops
pToothache, but cleanses
j the cavity, removes all
I odor, prevents decay
S Thereare imitations. See that you
ieni e i oomacne oum.
All Dnitit, or bv mail 15c.
C S. DIM A CO.. Dotrou, aich.