The morning Astorian., March 24, 1908, Page 7, Image 7

TUESDAY, MARCH 24, 1908.
THE MORNING ASTORIAN, ASTORIA, OREGON.
j Absolutely
)' the most healthful feS .t
of fruits, comes the Krs? i
U chief ingredient of gpJ el
vCSJ Noilly baking powder Eg
Tin rk' mae rom Ryal Jti
sKtiv Grape Cream Jfjl
jJifM of Tartar ;W
i 1 GatuU mors uNwitlwtyurious alius
MCCUE'S ANSWER
To Charges Against Him By the
Council Committee.
HE JUSTIFIES HIS POSITION
The Ignorance of the Committee is
Apparent and to be Taken With
Grain of Salt When Considered in
the Light of the Record.
"Anuria. March 21, 1908.
"To the Editor: I read with much
intercit the article appearing in the
Astoriiin on Tuesday morning, report
mg the result of the labor of the
graft investigating committee . ap
pointed by the council to investigate
the gambling situation in Astoria. I
had hoped the committee were ap
pointed in k'1 faith and I am of
the opinion that there are men on
the committee who are conscientious,
but to be frank I must confess that
to far an several members of the
committee are concerned, there is
nigger in the woodpile somewhere.
mt .
ine committee explains in one
paragraph the loss of $15,000 annual
ly to the city by loss of fines from
gambling, well knowing that the
municipal body has not, nor has any
other body, or individual, excepting
the legislature, the right to 'license'
gambling, call it a fine system or
what ever else you choose, it amounts
to the same thing.
"In the same report (and its absur
dity is apparent when considered in
the light of passed conditions that
existed in Astoria), the committee
would have the citizens of Astoria
and the outside world believe that
conditions here are of the very worst
and that gambling is carried on open
ly and notoriously and that condi
tions are as bad as ever. Such is not
the case, and no one knows it better
than the committee themselves, and
if they don't know it then the
committee had better ascertain the
facts in the case.
"Within the last year or so, as a
result of the activity of Mayor Wise,
the dancchalls have closed; the boxes
in saloons are now closed, and the
general public knows that the moral
tone of the city has never been bet
ter than it is today.
"On the 26th day of July, 1907, Mr.
Hedges, the district attorney, issued
the following order and the same
went into effect as stated therein on
July 28, 1907:
'"To Whom it May Concern:
" T tl . ..t: i c rfA -e
, lull ULICIUIUII 1U OtXUUU UI
Bellinger and Cotton's Annotated
Codes and Statutes of.Oregon, which
reads as follows: 1974 Liquor Not
to be Given Away or Sold or Retail
House Kept Open on Sunday.
'""No person shall keep open any
house or room in which intoxicating
liquor is kept for retail, on the first
day of the week, commonly called
Sunday, or give, or sell, or otherwise
dispose of intoxicating liquors on that ,
day; any person violating this sec
lion shall be lined in any sum not ex
seeding twenty-live nor less than ten
dollar fur each offense; and such
line to be for the use of common
schools in the county in which the
offense was committed; provided, that
this section, so far as it prohibits
keeping open a house or room, shall
not apply to tavern keepers."
"'ON AND AFTER SUNDAY, the
.'Kill day of July, 1907, the foregoing
section of our statutes will be strictly
enforced in the Fifth Judicial District,
embracing the Counties of Clackamas,
Clatsop, Columbia and Washington
" 'Dated, Oregon City, Oregon, this
.Mill day of July, 1907.
'"GILBERT L. HEDGES,
"District Attorney for the Fifth
Judicial District, State of Oregon.'
litis order. is still in effect. On
the 6th day of August, 1907, the dis
trict attorney issued the following or
der, which went into effect on August
13, 1907:
"To Whom it May Concern:
'"I call attention to Section 1944 of
Bellinger and Cotton's Annotated
Codes and Statutes of Oergon, which
reads as follows:
"Gambling Unlawful. Each and
every person who shall deal, play or
carry on, open or cause to be opened.
or who shall conduct either as owner,
proprietor, or employee, whether for
hire or not, any game of faro, monte,
roulette, rouge et noir, lanquenet,
rondo, vingtun (or twenty-one),
poker, draw poker, brag, bluff, thaw,
or any banking or any other game
played with cards, dice, or any other
device, whether the same be played
for money, checks, credits, or any
other device, or any represen
tative of value, shall be guilty
ot a misdemeanor, and upon
conivction thereof shall be punished
by a fine of not more than five hun
dred dollars, and shall be imprisoned
it the county jail until such fine and
costs are paid. Provided, that such
person so convicted shall be impris
oned one day for every two dollars of
such fine and costs. And provided
further, that such imprisonment shall
not exceed one year."
'"On and after Tuesday, August
13, 1907, the above section of our
statutes will be strictly enforced in
the Fifth Judicial District, State of
Oregon, comprising the Counties of
Clackamas, Clatsop, Columbia and
and Washington.
"'That the enforcement of said
section may prove effective, I call
upon the press, municipal authorities,
nd the best citizens in the district,
to co-operate with me in this matter.
'"GILBERT L. HEDGES,
'"District Attorney for the Fifth
Judicial District, State of Oregon.
"'Dated at Oregon City, this, the
6th day of August, 1907.' ..
All persons are hereby warned
against any violation, the above sec
tion of Bellinger and Cotton's Code
of the State of Oregon, and anyone
violating the law, will be prosecuted
to the full extent thereof.
" 'I desire to ask co-operation of
the Honorable Board of Police Com
missioners, City of Astoria, and the
police officers of the City of Astoria,
all constables and marshals of the
several towns In Clatsop County, to
the end that the law may be strictly
enforced.
" 'Report at the earliest possible
date any violation of the law, to the
office of the deputy district attorney.
" 'The above order will be effective
at one minute past 12 o'clock on
Tuesday morning, August 13, 1907,
and all persons found conducting or
operating gambling games, and all
persons who either as owners or pro'
prietors of buildings in which games
have been conducted, are warned
against any violation of the law, and
will take such steps as are necessary,
prior to the time in which this order
is effective, to see that all gambling
apparatus and paraphernalia of every
description is removed front the
premises under their control. Thi
order applies to all slot machines
played for money or merchandise and
owner of slot machines will be gov
crned accordingly and cause same to
be removed the same as other gatnb
ling devices as above specified.
'"J. C. McCue,
" 'Deputy District Attorney.'
llus order has never been coun
tcrmanded and under this order the
district attorney's office, through my
self, and upon information furnished
by the Sheriffs office, or sworn to be
fore rnc have secured convictions of
some dozen or more individuals for
gambling, The committee lauds the
conditions along Astor street, but I
dcttire to call your attention to the
fact that the convictions obtained
were from saloons on Astor street in
two instances and from Chinatown in
another.
"But today, Mr. Editor, the com
mittee would have you believe that
the conditions are reversed and the
ungodly precincts of Astor street of
yesterday are now brought within the
fold of Tightness. I am glad they give
us credit for that uiuch and that or
ders of the district attorney closing
gambling and of Mr. Wise's crusade
against dancchalls have done so much
for Astor street for every one con
vcrsant with local conditions in the
years passed know that out of all the
prosecution for violation of the state
and municipal laws that the denizens
of Astor street have been the most
serious offenders.
"Section 1950 of Bellinger and Cot
ton's Codes, provides that 'It shall be
the special duty of each district at
torney, sheriff, constable, city or town
marshal, and police officer, to inform
against and dcligcntly prosecute any
and all persons, whom they shall have
reasonable cause to believe guilty of
gambling.' Now to be frank about
the matter, whose duty is it to obtain
the information necessary to prose
cute for a violation of any law? Is it
the duty of the sheriff, the constable,
town marshal? Yes. And in the
name of common sense is it not also
the duty of the police officers? What
do the taxpayers maintain these offi
cers for? For ornaments or to in
form and assist in the prosecution of
law-breakers? But the committee
evidently cannot reason thus. But I
have condence in their fairness and
judgment of the citizens of this city
in general to readily read between
the lines in the committee's report
and not to be mislead thereby. It
has the stamp of 'bogus and bias in
every line of it.
"What is the duty of the deputy
district attorney since the committee
has seen fit to make him the scape
goat for their own deficiencies in
good citizenship.
"The deputy district attorney's of
fice is opened for 9 a. m. until 5 p. ni.
and no man ever came and made a
complaint or laid evidence before me
sufficient to file a complaint or upon
which to base an information either
in a gambling care or any other al
leged notation of the law that the
complaint or information was not
issued and the matter tried in court.
Never since my incumbency has in
formation as to gambling been re
ported to me by the chief of police.
(His statement to the contrary not
withstanding) and only in one in
stance has any report been made to
my office by the chief of police since
the orders of the district attorney re
lating to gambling and Sunday clos
ing were issued, and the information
given by the chief of police in the in
stance referred to was in the case of
an alleged violation of the Sunday
closing law and the matter was
promptly attended to.
"Is it the duty of the district at
torney or his deputy to play the part
of the sleuth and nose around at all
hours of the day and night and ferret
out violations of the law and elimi
nate the police force of the City of
Astoria and the sheriff's office and the
office of constable, thereby saving the
taxpayers of Astoria several thousand
dollars annually or rather is it the
duty of the deputy district attorney
when the police, the sheriff and the
contsables of the county obtain In
formation as to violations of the law,
and place it before him, to begin
proescutions In the proper court
against law breakers who violate the
gambling and Sunday closing laws?
"What it the practice and the law
in the matter? If an individual has
tsasulted a citizen or stolen from the
premises of a person, the police very
promptly place the law-breaker in jail
and look up the deputy district at
torney, place their information before
him, produce the name of their wit
nesses, set forth their evidence and
promptly swear to a complaint before
the Justice of the Peace or swear to
their evidence before the deputy dis
trict attorney and the witnesses as
well, well knowing that no informa
tion can be filed in court unless the
evidence is sufficient to support a
conviction or unless there is a rea
sonauie certainty ot securing a con
viction. But, so far as the committee
is concerned (and as public officials,
they should know better), the method
prescribed by law and the procedure
incident thereto is not to be permitted
to the district attorney's office. Not
withstanding the facts the committee
representing the wisdom of the city
fathers and for motives best known
to themselves have chosen the deputy
district attorney as the martyr to the
sacred cause of civic righteousness.
"When has the committee, with all
their knowledge of alleged violations
of the State laws, or any individual
member of the committee, put foot
witilin the deputy district attorney
office to report the result of their
weeks of deliberation, ferreting out
law-breakers?
"When have they ever furnished
my office either in person or by letter
or any other meant of communica
tion, with information of any viola
tion of the law?
"If Mr. Henderson, the 'prosecuting
attorney of the committee, bat any
(Continued on page &)
3 5
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Cheao Rates From the East to
Astoria viaO, R.&I1.
: The following ia a list of a few points from which, cheap rates will
i - PPly between March 1st and April 30th:
Atlanta, Ga-, $51.55 New York, N. Y.....,.....$S100
Baltimore, Md. 54.25 Oklahoma, O. T 33.45
Boston, Mass..., . 54.45 Peoria, 111.....;........... 3&0S
Buffalo, N. Y. 47.50 Detroit, Mich.. 4150
Burlington, Ia. 34.60 Pittsburgh, Pa............. 47.00
Chicago, 111 .. 38.00 Philadelphia 54.75
Cincinnati, O 42J0St Louis, Mo...... S5.S0
Cleveland, 0 44.75 Washington, D. C.:.. SU5
Toledo, O 43.50Kansas City, Mo 30.00
Des Moines, Ia 32.85St Joseph, Mo 30.00
Louisville, Ky. 41.70Omaha, Neb............... 30.00
Memphis, Tenn 39.65 St Paul, Minn ... 30.00
Milwaukee, Wis 38.00 Minneapolis, Minn 30.00
: Money can be deposited here and tickets will be furnished by tele-
graph without additional cost For further information call on
O. W. ROBERTS, Agent, O. R. & N. Dock, Astoria
TIME CARD
Astoria & Columbia River R. R. Co.
Effective, Sunday, January 26, 1908 Pacific Time.
a
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11.40
12.01
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8.16
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8.48
8.46
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9.151
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8.551
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9.871
10.05
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8.55110.61 1
9.80
9.45
10.18
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110.80
s.m.
6.401
7.11
7.20
7.25!
p.m,
U60
11.56
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Miles,
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110
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12.16
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8. OK:
6.001
4.65
p.m.
11.25
10.68
10.45
10.86
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10.871
10.801
10.27
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10.23
10.16
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9 48
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9.85
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9.08
2.09
arums marked run dally. Telegraph Offloe.
Nos. 26 and 28 fun from Astoria, in Plnterm TAarli via TTt CiawaMa XT- v
runs from Portland to Astoria and Clatsop Beach direct. No. 24 runs from
Portland to Astoria only. No. 30 runs from Astoria to Clatsop Beach direct
In os. i, a and 29 run via Ft. Rtv?na Hn ox
to Astoria and Portland direct " 1
Connections At Portland, with alt trans
with Northern Pacific Railway Company. At Astoria with steamers for San
Francisco and Tillamook and Ilwacn Railwav NaviWm,, rnmnnn... u.
and railway. . ' 0 . "
Through tickets sold to and from all points in the East and Europe. For
further particulars apply to . .T
u a. JUHNMJN, General Agent, 12th and Commercial, Astoria, Or.