The Sunday Oregonian. (Portland, Ore.) 1881-current, August 03, 1919, Section One, Page 4, Image 4

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Root and Associates
Submit Opinion.
company to the government. They plan
raise 125,000 under the state market
law and get an equal amount from the
state. The government payment to the
county on the forfeited lands will
amount to 160,000 for the Coos bay
wagon road district and In aggregate
they would have $110,000 with which
to put the highway from Bumner to
the Douglas county line Into fine con
dition. Some of those Interested in the im
provement believe the roal could be
macadamized far the entire distance for
the amount available, as good rock and
gravel are handy to most sections of
the highway.
Power to Prohibit Manufacture and
Sale of Beer, Whether Intoxicating
or Xot, Denied by Lawyers. .
Movement for Anti-Nicotine
Laws in U. S. Scented.
hat honorably discharged eul-
iJors or marine of foreisn
ight be naturalized without
proving residence of one year in the
state, without a declaration of inten
tion (first papers), without a certifi
cate of arrival, and without payment of
the federal fee of $4. The county fee
of $2 still is collected.
Forms for application may be re
ceived from Mr. Easter In the county
clerk's office on the second floor of the
courthouse. Fifth and Salmon streets.
but hearings will not be held before the
fall term of court, opening In September.
WASHINGTON. Aug. 2. The war
time proniDition enforcement bill re
cently passed by the house and now
pending before a senate committee is
unconstitutional, according to an opin
ion bv Elihu Root, William I. Outhrie
and William L. Marbury. counsel for
the United States Urewers' association,
marie public today. '
This opinion holds that until the 18th
amendment becomes effective on Janu
ary 16. 1920, congress, under well-settled
rules of constitutional law, "has
no express power to prohibit the manu
facture and sale of beer, whether or not
intoxicating." There is now no valid
reason for the war-time prohibition
act, the lawyers declare, and there is
no evidence, they add, to support the
claim that the proposed enforcement
measure is necessary or proper to con
serve the nation's food supply.
The opinion, an exhaustive document
dealing with all legal phases of the
question, was sent to Christian W.
l-'eigenspan, president of the brewers'
association. The lawyers contended
that while District Judge Hand and the
New York circuit court of appeals had
held the wartime act constitutional,
the decision would not apply to pending
Conditions Materially Changed.
"Conditions," they said in this con
nection, "have materially changed dur
ing the eight months since November
21 (the date of the bill's passage); the
president declared on May 20 that it
seemed to him entirely safe to remove
the ban on wines and beers; he reiter
ated on July 10 in his address to the
senate that the war had ended last No
vember: the demobilization of the army
and navy is progressing and will short
ly be completed; war necessity or
emergency have practically ceased to
exist and personal and commercial re
lations with Germany have been per
mitted to be resumed and are being
Taking up 2.75 per cent beer, the at
torneys contend that it has been estab
lished by competent evidence that such
beverage is not intoxicating and that it
is immaterial that congress for years
taxed "fermented liquors" containing
more than one-half of one per cent al
cohol as this basis "was adopted solely
for taxation purposes and quite irre
spective of the intoxicating quality of
ine liquor taxed."
Measure Held Unconstitutional.
- "If. therefore, according to its proper
construction, the opinion continues,
"the act of congress of November 21
does not prohibit the manufacture and
sale of non-intoxlcatingbeer, the pro
posed enactment extending the prohi
bition to non-intoxicating liquors.
would, as to transactions prior to its
passage, in our opinion, be unconstitu
tional and void because violative of the
letter and spirit of the mandate in sec
tion nine, article one. of tne constitu
tion or tne inited states, that no ex
post facto law shall be passed by con
gress. "The amendment in the house of sec
tion one of the Volstead bill by insert
ing the word 'hereafter' before the
word "construed was probably for the
purpose of avoiding this constitutional
point; but it would permit one con
struction of the same term as to acts
done prior to its passage and a differ
ent and broader construction as to acts
done afterward. But the enactment
tends to establish that the true intent
was to enact practically new legisla
tion beyond the scope of the existing
Stewart Edwards "White Thinks Fish
ing Should Be More Limited.
BEND, Or., Aug. 2. (Special.) After
a trip to Suttles lake. Square lake and
Eight lake basin, Stewart Edward
White, famous writer who is making a
tour of central Oregon, declared today
that the system of lake rotation permit
ting fishing in only one lake out of
four each year should be followed, so
that trout will approximate the two
pound mark- before they can be hooked
by anglers.
Mr. White has suggested this course
of action to Master Fish Warden Clan
ton, who expressed himself as thinking
highly of the plam
Mr. and Mrs. White will leave to
morrow on a trip to Elk lake, Odell
lake arid Crane prairie for a few days'
camping trip. Next summer they witl
return and spend two months in the
mountains of central Oregon, Mr. White
Salem Employers Begia Canass to
Prevent AH Controversies.
SALEM. Or., Auff. 1. (Special.)
Voluntary mediation of all contro
versies between employers and em
ployes received favorable consideration
at a meeting of employers at the Com
mercial club here last night. Addresses
were made by Colonel E. Hofer, W. G.
Allen, of the fruit Industry; Theodore
Kotti, for the mercnantso association.
and W. M. Hamilton, of the Portland
Railway Light & Power Company. Wil
liam A. Marshall, of the industrial ac
cident commission, Arthur W. Law
rence and Pascal L. Traglio, of the Cen
tral Labor company, spoke for organ
ized labor.
The committee, appoitned to canvass
employers, will report at the next
Per Capita Cost Is $15.57 While
That of Prison Is 3.9.
SALEM, Or., Aug. 2. (Special.)
There are 1724 persons included in the
population of the state hospital in
Salem, according to a report filed with
the state board of control today. Per
capita for the support of these patients
is J 15.57.
In the penitentiary are 271 persons
with a per capita cost of $36.99. The
population at the home for feeble
Minded totals 415, state training schoo
150 and tuberculasis hospital 73. Per
capital for support of the inmates of
the home fop the feeble - minded is
$17.07. training school $30.48 and tuber
culosis hospital $45.98.
Anti-Prohibition Association Alleges
Fathers Shamed in Propaganda
in Public School Books.
WASHINGTON, Aug. 2. After a two-
months' Inquiry conducted in this city,
Chicago, Ban Francisco and elsewhere,
to determine whether there was a con
certed campaign to bare the United
States of tobacco now that liquor has
pone by the boards, the Association
Opposed to National Prohibition issued
statement here today charging that
the Women's Christian Temperance
union was backing a movement to have
anti-nicotine laws enacted in every
state in the union.
The W. C. T. U. will celebrate its 50th
anniversary five years hence, and the
organization is hopeful of having con
gress submit a constitutional amend
ment before March 20, 1924, its semi
centennial, forbidding the cultivation.
sale, use or export of the weed for
smoking or chewing purposes, .the
statement charged.
The $1,000,000 ."drive" begun last
March by the white ribboners, it is al
leged, has for its object the crushing
of demon nicotine, and to this end the
f.ntl-prohlbitionists say $500,000 will be
expended ostensibly on "child welfare,
health and morality, "education and
information." and other propaganda
methods by means of the churches ana
public schools.
The association opposed to national
prohibition further charges the W. C.
T. U. with planning to finance its cam
paign against tobacco without appeal
ing directly for funds or naming the
purpose for which the money is to be
expended. In support of this it asserts
that already "in the guise of public
school recitation books which flagrant
ly violate the sanctity of home and
tilial devotion." fathers who use tobac
co are portrayed as "filthy and unfit
for childish caresses."
James Arthur Beavey, managing di
rector of the association, in explaining
the reasons for the investigation, said
it was started to clear up "whether or
not the same professional and . paid
DrohibitSonists who foisted the 18th
rmendment upon the nation without
popular vote were behind tha tobacco
crusade, despite their eager denials.
W. H. Coleman to Hold Department
In English Literature.
Or., Aug. 2. (Special.) Professor W.
H. Coleman, of Madison, Wis., haa been
elected to the chair of English liter
ature at Willamette university. Profes
sor (joiaraan was born In New Bruns
wick, graduated from Acadia Univer
sity and received his Master's degree
from Yale in 1910 lor work in English,
He was president of the Maine coun
cil of teachers of English for twe
years, is a member of the modern Ian
guage association of America and has
traveled abroad etensively.
Miss Li da Fake, graduated from Mil
waukee-Downer college three year
ago, is professor af boms economics.
and at the head of the new department
to be opened in September. She has
taught for two years and comes from
ttonna Terre, Mo,
Miss Mary A. Holm an. a new in
structor in piano, is a graduate sf Lin
coln high school, Portland, and of the
New England conservatory of music.
She has taught for eight years, the
past three being in McilinnviUe.
At -$6.75" 1'
While They Last '
"The Rochester"
A Genuine Cowhide Bag EES
Walrus Grain -
Black Only
Eighteen - inch, full reinforced, double
catches, spring lock, steel leather-covered
handle, full fabric lined.
m Special This Week $6.75
Mailed to any address at this price. Satisfaction guaranteed.
Hj S. & H. Stamps with all Leather Purchases
Woodard, Clarke & Co.
H Woof-Lark Bldg. Alder at West Park
$50,000 Clinio Organised.
BALEM, Or, Aug. 2. (Special.) C. E.
Barton, Carl Patterson and James H.
Nichols have Incorporated the Baker
clinic, according to articles filed in
Salem today. The capital stock is S0.-
000 and it-is the purpose of the cor-
practice and surgery. Headquarters of
the clinio will be located in Baksr.
Yakima Names Savings Manager.
YAKIMA, Wash, Aug. 2. (Special.)
poratlon to conduct a general medical Hal V. Bolair, has bem fiarved city
director of the war savings stamp
campaign and will have charge of the
work in the city of Yakima
Portland Cannery Incorporates.
SALEM. Or, Aug. . (Special.)
Articles of Incorporation were- filed here
today by the Was sell -Butler Packing
company. The capital stock ia $76,000
and the incorporator are R. F. Was
sail. J. W. Butler and Alfred Hampson.
It is the purpose of the company to
conduct a general canning and pack
ing business, with headquarters :n
Threats Made to Kill Persons LlnetJ
Up Againbt Wall.'
SEATTLE, Wash., Aug-. 2. Brandish
ing a loaded revolver and uttering
threats to kill anyone who disobeyed
hia commands, a robber entered the
store of Peace Brothers, Alaska outfit
ters, on the Seattle waterfront, shortly
before noon today and, after lining up
the people in the store against a wall,
looted the cash register of $192.75.
Scores of persons passed in front of
the store while the robber did his
The robber overlooked a roll of $6000
in currency hid on a shelf.
Prnne Orchards Sold.
ROSEBURG, Or., Aug. 2- (Special.)
A 30-acre ranch, containing 16 acres of
prune orchard, eold here today for $15,
000. The ranch, formerly owned by
Henry F. Wells of Riddle, was pur
chased' by Austin Wilson of Kiddle and
Max Kimmell of Roseburg. Mr. Wells
retains possession of this year's prune
Crejv of 300 Men. Sent Out to Battle
Flumes on Bear Creek, Near
SPOKANE, Wash., Aug. 2. Forest
fire conditions in the Pend d'Oreille
and Coeur d'Alene forests of northern
Idaho, according to information re
ceived here, were worse today, while
in the St. Joe forest, where several
small fires were burning, little change
was noted.
A. heavy rain for the second consecu
tive night has virtually extinguished
the Mission creek fire, across the Canadian-Idaho
line, which had destroyed
L'00.000.000 feet of timber, valued at
A fire on the south end of Pend
d'Oreille lake today was threatening
homesteaders and more men were being
sent to tight it. Four more lightning
fires were reported from the Coeur
d'Alene forest today and one fire set
by lightning yesterday had spread over
.'00 to 300 acres.
Three hundred men were fighting the
fire on Bear creek, near Kellogg, Idaho,
today. New crewa were being sent to
day to the fire near Heron, Mont.
which yesterday forced crews fighting
it to wunaraw.
MISSOULA. Mont., Aug. I. Rains to
day relieved the seriousness of the for
est fire situation in all parts of west
ern Montana and northern Idaho, ex
cept in the Nez Perce and Selway. for
ests, both in Idaho. More fire fighters
are to be sent to these reserves, it was
declared at district headquarters here
today, in an effort to bring the fires
under control.
Recent Act of Congress Recognizes
Service as Equivalent to Dec
laration of Intention.
An honorable discharge from the mil
itary or naval forces of the United
States again is equivalent to first
papers in the case of aliens seeking to
be naturalized, according to the in
terpretation by the bureau of natural
isation of the department of labor re
ceived by jonn J. niaster, aeputy county
clerk, yesterday, of a law passing con
gress July 19.
In May, 1918, a similar law was en
acted but its provisions were so con
fusing and contradictory that it was
knocked out by a decision of Federal
Judge Wolverton last March, since
which time the honorable discharges
have not been considered sufficient. In
the passage of the new law, Mr. Caster
sees a victorious termination of a fight
he began directly following Judge Wol
verton's ruling of last March.
Mr. Easter Interested Senator Mc
Nury and Senator Chamberlain in the
decision and bombarded other leaders
in congress with facts concerning the
situation created.
The act of congress of July 19
The Diamond Beautiful
from Friedlander's
When a gift of smart diamond jewelry is under considera
tion, discerning people invariably think of Friedlander's.
Since 1870 the name "Friedlander's" has been inseparably
associated with quality, beauty and distinction in jewelry.
Exceptional Diamond Values
$50, $100, $150, $200, $250
Senator Phclan Announces Voyage
West Is Contemplated.
WASHINGTON". Aug. 2. Senator Phe
lan of California announced today that
the naval seaplane NC,-4, the first air
craft to cross the Atlantic ocean, might
attempt a flight to the Pacific coast,
in order that the people of the Pacifle
coast might have an opportunity of
Beeing it."
$110,000 Believed Available for
Opening AVay to Market.
MARSHFIF.LD, Or., Aug. 2. (Spe
cial.) Ranchers at Falrview, McKln
ley and Dora and those in the Brewster
valley are organised to improve the
Coos bay wagon road through the for
ests forfeited by the Southern Oregon
11 v
ki uest- ' it;
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310-312 Washington Street
Bet. Fifth and Sixth Streets
The Charm of The Portland
has drawn many a guest back again
from other cities; has brought many
another to live there as a permanent