S2rd YEA!?. NO. 233
ASTOHIA, CRECCH, TUESDAY, CCTCZEH 13,
1CC3
PHJCE FIVE CENTS
judge mm DEC
sunoAY closi;io cases
Law Is Declared to Bo
Unconstitutional
SUNDAY LID IS LIFTED
Billiard and Pool; Rooms ,fay
Open But Saloons FJust Re
main Closed
INJUNCTION IS PERMANENT
Judge Declares the Law it a Viola-
tion of Religious Liberty, it Un
justly . Discriminating and is an
Unjust On . ,-
f
J,
PORTLAND," . (Xt
12.-Judge
Gantcnbcin rendered a decision this
morning In itk injunction case
against District A'torncy Cameron
enforcing he Sunday law.
Judge Gantenbein decided:
That the Sunday-cloning law Is un
constitutional because its purpose Is
to prevent the profanation of the
Sabbath, and is in violation of the
constitutional guaranty of religious
freedom, v
'That t'he: Sunday-closing law was
not passed in the exercise of the po
... lice power. sT.
Tha the law is unconstitutional be
cause it is an unjust discrimination
n-gainst certain kinds of business.
That the law is unconstitutional be
cause jhe exemption of theatres is
unreasonable and arbitrary.'
That the injunction preventing the
District Attorney from prosecuting
under' the law be continued in effect.
That the injunction will not per
' mit saloons to open Sunday.
That billiard and pool rooms,
though not included as plaintiffs in
the injunction, may keep open Sun
day .because the law agaitrst them is I
void. !
The Sunday lid was effectually and
finally lifted in the Circuit Court this
morning when Presiding Judge Gan
tenbein held the Sunday law uncon
stitutional at a violation of the guar:
anty of religious freedom, and con
tinued in effect the injunction which
prevents District Attorney Cameron
prosecuting persons who keep open
their places of business Sunday.
The effect 'of f Judge Gantcnbein's
decision was o sweep the Sunday
closing law, section 18 of the code,
from the statute books. Saloons,
however, will contincu to have a
Sunday lid, there being another sec
tion of the code, section 1974, which
is Jcvpted exclusively to a 'prohibi
tion of the sale of liquor Sunday.
IS DOUBTFUL THAT
' BRYAN CAN" WIN
Chairman Hitchcock Can
the Belief that Bryan
NEW YORK, Oct. 12.-Chairman
Hitchcock Of the National Republi
can 'committee says he can see no
justification whatever for the hope 'of.
the democratic success in Ohio. He
said the state as a whole will more
than off-set any local disaffection and
that Republican success is assured.
Chairman McKinley said thai he had
heard from every Republican con
gressional committeeman in Indiana,
and that all had reported to him that (
District Attorney Cameron said this
morning that he has not decided
whether he will appeal to the Su
preme Court
In concluding the judge said that if
the next legislature desires to pax's
law Tor the purpose of providing a
day of rest and recreation, they
should give the Idaho Sunday clos
ing statute careful study. He com
mended the Idaho law to them as a
model.
PROPOSED CONFERENCE.
Y. -v - '.
. BERLIN, Oct. 12. - News , that
Great Britain is willing to have ini
tcmational conference meet for re
arrangement of "Near Eastern Af
fairs" was received in Berlin today
after the foreign office had closed. It
has been understood for severs) days
that Germany is agreeable to the
conference if the other powers ' are
united , In, favoring it.,' No official
communications with reference to
the conference have been exchanged
between Germany and Russia.
SHERIFFS POSSE GETS
TIIEfflllOv
MURDEROUS ASSAILANT HAS
PITCHED BATTLE WITH
PURSUERS AND -LOSES.
IS RIDDLED WITH BULLETS
Man Who Was Undoubtedly Insane
. Shoots Man and Wife and is Pur
sued by Sheriff and Posse Trouble
Was Over Land Deal !
AUBURN. Ca!., Oct. 12.-J.
Garred, who shot and wounded Louis
Faller and wife at Dutch Flat was
riddled with bullets this afternoon by
posse which was out in the brush
hunting him and upon whom he open
ed fire from a ditch. Sunday Garred
"red upon Faller hitting Mti, Fal
ler in the hip and Faller in the hand.
Early this morning a posse headed
by. Sheriff McCauley started in pur
suit and searched the brush in vain
until about three o'clock, when it
was decided to retire from the hunt
and try another plan. The sheriff and
las deputy took the train for Auburn
and a few minutes afterwards as the
posse' was passing an old hitch Gar
red opened fire on.themJ One s shot
hit a young man named Wagner in
the leg. The posse returned the fire
and, riddled Garred with bullets. It
is said that Garred had no real cause
for shooting Fallen and that he un
doubtedly was : insane. There had
been some dispute between the par
tics over some land which Garred had
sold to Fallers. . '
See No Justification for
Can Carry Ohio
Indiana is certainly safe for' the Re
publican national ticket. McKinley
said that Illinois will not elect every
Republican congressional candidate
but will give a majority for Taft and
Sherman. McKinley said he had
been assured by Hitchcock that the
next lower house of congress will be
Republican. James II. Sherman, Re
publican vice-presidential candidate,
brought, encouraging reports of poli-
tical conditions in the middle west.
WANTS CONFERENCE.,
LONDON, Oct. 12.-M., Iswolski,
Russian foreign minister, has suc
ceeded in impressing upon Sir Ed
ward Grey, British secretary of for
eign affairs, the necessity that not
only should a conference of powers
be held to settle the crisis in the without definite action an adjourn
near East but this conference should Jmeot of the conference was taken un
take under advisement other 'ques- til tonight,
tions besides those Involved in an-'
ncxation by Austria of Bosnia and J BEVERIDGE AT SALT LAKE.
Hcrzogovina" and declaration of Bui-'
garian iucdepnedence. This change ' SALT LAKE, Oct. 12. That if
of front on the part of Great Britain ' Bryan is elected president his admin
which has caused great surprise, was ligation will be fought by a powerful
announced by the foreign office at ' element in his own party was the
the conclusion of a long conference ' principal argument of Senator Bev
between; Sir Edward Grey and M.j eridge here tonight before an im
Iswojsky, after a iineetings of the. mense audience at the Salt Lake
cabinet, iii , which ' Sir Edward set ' theatre." Beveridge predicted that if
forth the position he had taken and! a PH of democratic senators were
explained the views of the Russian ' taken it would show a greater opposi
minister. Further than Jhe'bare1 an- tion to Bryan's policy, than has ever
nouncement noting could be ascer- ,' been seen to the policies of any pres
talncd officially as' to the' questions j idential candidate ' since . Andrew
M. , Iswolsky desires included. In j Jackson's day. '
faf it1 i inuhtftif if it Tiae vnt fojfn I, ' " ' 11 1 11 1 1 1 '
decided what shall be taken up in
addition to questions which brought
about the crisis.
BRYAN TALKS TO STUDENTS.
LINCOLN, Oct. 12-1 n an address
at the State University th: afternoon
Colonel Bryan attacked the argu
ments of Governor Hughes of New
York in defense of the Republican
platform, dwelt on the difference in
the two platforms' relating to the
publicity of campaign contributions
and discussed the propriety of Presi
dent Roosevelt's supporting Taft.
It was delivered forcibly and in
Bryan's best style. His speech was re
peatedly chcerd by the University
students. In attacking the position
of the Republicans on the tariff situa
tion he delivered epigrams which
kept the students cheering. ' During
the speech he took a vote of the stu
dents who are' for and against the
election of Senators by a direct vote.
'HEBREWS MERGING.
NEW YORK, Oct. 12 At a meet
ing attended by several hundred per
sons representing all the Jewish or
ganizations in New York City, steps
were taken to form a permanent as
sociation ta advance the interests of
the Jewish residents of the city and
protect them in their rights. In the
resolutions it was pointed out that al
thought New York possessed what
was called "The largest Jewish col-
fATER fill OF- BUllilE. WASH.
IS TffilED
Fire Last flight Causes $250,000 Damage Lid Is
Not Controlled
SEVERAL CANNING PLANTS ARE DESTROYED
The Total Loss Hay Reach Beyond
Fire Unknown Firemen Are Assisted by Hundreds of Volun
teers Flames Visible In BeSlsngham . :
BELLINGHA'M, Wash., Oct, 12.-
' ' '. t.
x -
A special from Blaine says that
flames broke out in H. R. Jenkins'
Lumber Company's plant here; at
10:30 o'clock tonight and at midnight
practically consumed the entire plant
valued at $250,000. The 'flames fan
ncd by a strong southwest wind are
being, carried toward the Erie Mill
100 feet away and the Morrison mill.
; The plants of the Northwest Carb
C.-.nning Company, the city dock and
the Ainsworth and Dunns Canninor
0
ony in the world," numbering 1,000,
000 or more persons, yet its position
was "so exposed and so weak" that jt
was "almost powerless against at
tack from without and dissolution
from within." The sentiment was
general for the formation of a
manent central Jewish body,
per
but SCHOOL APPROPRIATION.;
SALEM. Or., Oct. llThe State
j Normal School regents today appro
priated approximately $330,000 for
the Normal Schools. The board ad
hered to the policy of three schools
for flie state, though W. B. Ayers of
Portland will file a minority report
objecting to more than three schools.
DROWNS IN WINE. ,
SANTA ROSA, Cab, 12.-Mrs,
George Colier, wife of a rancher, at
Occidental, was drowned yesterday
in a vat of wine. 1
- ; TAPT AT AKRON. f
AKRON, O, Oct. 12.-Seventeen
Ohio towns heard and saw Judge
Taft today. He talked from Cincin
nati to Akron through a portion of
the state conceded to have been a
Foraker stronghold, with a portion
of the territory democratic. The
candidate was lis'ened'to by large
crowds, ; ' "
WASHINGTON LETTER
WASHINGTON, Oct. 12.-Prof.
Irving Fisher, the eminent political
economist 6f Yale Universitywho in
one of bis papers before the recent
International Tuberculosis Congress
in Washington declared that con
sumption costs the people of the Uni-
at Last Reports
a Miiiion Dollars Origin of
plant are threatened. Firemen aia
being assisted by hundreds of volun
teers and desperate efforts are being
made to save what is believed to be
the possible destruction of the whole
of Blaise's waterfront. ..If the plants
are all destroyed the total loss will
run beyond a' million dollars. (The
origin of the ire is not known. 'The
flames were discovered by the night
watchman and rose to, snclj a height
as to be plainly visible in Bctlingham.
Jenkins'' plant is One of the largest
plants" in' the' country..
in hide m w m CPEO
ITS D00HS YESTERDAY
ted States more than a billion dol
lars a year; is preparing an exhaus
tive report for the National Conserva
tion Commission, which will contain
not only these figures but similar da
ta on the economic loss to the coun
try from all other preventable diseas
es. Prof. Fisher i a member of the Na
tionad Conservation Commission and
for many years has been carrying on
studies along these lines'. The Com
mission received letters from physi
cians all over the country urging it
to consider the bearing of public
health on the economic efficiency of
the nation in its efforts to ascertain
I the resources of the country.
The Commission from the begin
ning has contemplated reports on the
economic aspects of several phases of
the Conservation movement which
affect the duration and effectiveness
(Continued on page 8.)
Till (II OF SERIES
GOES TO DETROIT
THE CUBS LOSE TO TIGERS
AT CHICAGO BY A SCORE
. OF 8 TO 3.
fISITOES
0?IT0 FFEISTEH
Crowd A.sks For Retirement of
Pfeister But Captain Chance Ig
nores Request Three Men
Passed and 13 Hits Made.
Are
CHICAGO, Oct l2.-Detroit be
came a real contender for the world's
baseball championship today when it
defeated Chicago in a decisive fash
ion by a score of 8" to 3. Manager
Jennings achieved this result with a
change in his line up.
This shake-up however cannot be
said to have had any material effect
in winning the game for neither
Schaeffer nor Coughlin got hit, while
Coughlm bungled pne of his two
chances,. , ,; ., fl ,
Pfeister's left handed shoots for
the most part failed to pufzle the
Michigan batsmen. Besides passing
three- men he was hit safely 13 times.
two of the clusterc being doubles and
six of them occurring in one inning.
It was this inning, the sixth, which
gave the game .. to Detroit. . The
crowd which, with exception of the
minority from Detroit, which enjoy
ed the procession across the plate
immensely, pleaded with vociferous
unanmi?y for , the, retirement of
Pheister'. ,
Despite the" fact that the sun shone
brightly' today and the temperajure
was higher than yesterday, less than
14,500 paid admissions were, regis
tered.
v ,-
HIGSEN ALONE r'
Inclement Weather und feence of Leader Acts
a Deterrant to Oany
PORTLAND, Oct. 12-Thomas L.
Hisgen, "candidate of the Independ
ence party for President addressed a
gathering of about 2300 people in
the Armory in this city today. ' His
gen's speech was an arraignment of
both the old parties and a recital of
his personal experiences in his fight
with the Standard Oil Company. In
Depositors Form in Lina
to Start a Rush
CREDITORS UNEASY
Ciiy&nd Ccunty Funds Ars C:
posited In Ciinkj Alss
Schscl Funds
CASHIER 13
Action of Bank Officials Not Unex
pected as Rumors of Trouble Had
Been Afloat Since Saturday Bank
Examiner Expected Today.
LA GRANDE, Or, Oct. 12.
"Closed until the, batik examiner ar
rives" was the sign that greeted a
would-be rush on the Farmers and
Traders National Bank this morning.
The action of the bank officials wai
not unexpected; rumors of trouble
had been afloat since Saturday.
Aside from the rumors of financial
troubles are others of a more serious
nature, but the alleged facts behind
them have not yet assumed public
form, and thpse interested are ' not
saying anything.
It is impossible to say now how
; the finances of the institution stand,
but judging trom the recently pub-.-'fished"
swotn statement there should
be no great shortage.
The bank is incorporated for $60,
000 and thus far has been conducting
an apparently lucrative business. The
suspension came as a decided shock
to La Grande.
La Grande itself has a large
amount of money deposited and
school and county funds are also in
the bank's vaults. Before bankintr
tlA...A it. ? . 1
uuuis mis morning depositors were
in line to start a rush should the
door open, but it failed to do so.
The Bank Examiner is expected
here tomorrow morning.
Individual deposits and emirtcatej
of deposit two weeks ago were $190,
000 and the liabilities at that time"
were $279,000. How much the bank's
resources have deteriorated since
that time will only be known after
the Examiner gets here. Cashier
Scriber is in the midst of a nervous
breakdown and refused to be inter
viewed. PROGRESSIVE ITEM.
TOKIO,' Oct. 12.-The Chinese-
Japanese convention regarding the
Port Arthur-Chef oo cable was stoned
at Tokio today.
RTLAND
as
JYho Voald Attend
clement weather and absence of W.
R. Hearst with "More letters" deter
red many who would have others
been present at tonight's meeting.
There were- several attempts to break
up the meeting but shouting names
of Taft and Bryan but they were
wholly ignored by the speaker and
soon desisted from. "
J