Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (March 5, 1904)
THE OnZGON DAILY I JOTJItyAL. PORTLAND, SATURDAY EVENING-, MARCH 5, 1004. OUR OPTICAL U one of the most carefully conducted branches of our business. The latest acientifla Instruments for the correction of the eye defects are uaed by thoroughly competent opticians, who give each case their Individual attention. Eye glasses for every eyesight, no matter how, defective or the condition, and frames of every description and price. No matter what you want. If It Is in optical goods, you 11 find It here. TBXKD ABB WASBUTQTOir. MANUFACTURERS - OB" JEWELRY AND OPTICAL GOODS. WE HAVE MOVED . From our former quarters at 268H Yamhill to the Northwest corner, of Third and Yamhill, over Laue-Davis Drug Co., where we wish, to see all our former friends and new ones, too, assuring them, that we are better nrepared-to serve you than ever: - , ' . -, . ... Our New Spring Goods for Spring Suits and Overcoats are ready for your inspection and criticism. While our prices will be found very rea sonable, the quality 'of our goods and character of our, work will be found to be the equal of that turned out by those whose charge , are much, higher. - . ' ' , , , t Norgard & Petterson Vorthwest Comer of Third and Tamhlll, over Lave - Bavls Drag Co. BOARD HAD POWER FULL TO REJECT Supreme Court Decision Did Not Strip the Sailor Boarding House Commissione It Only- Kept Board F?om Granting a Monopoly r9 THEY COST NO MORE OUR WIND-PROOF -RUST-PROOF UMBRELLAS Cost no more than the common kind but wear twice as long JOHN ALLESINA 309 Morrison St. - TO STORES 286 Washington St. Do You Want the Best? If you do, there Is one place In Portland you: can. get. the best Laundry work In the citywork that gives satisfaction In every detail. We do all classes of .work hotel. restaurant, , family and the laundering of all per fect linens that require special' care and attention. , If your linens are not being washed to suit you, come to us once; we'll have no fears ai to fu ture orders. The best equipped laundry on the Coast TROY LAUNDRY. CO. West Side Office 308 Washington Street taundry, 801 East Water Street ....... ' . -Telephone, East 33. . " ... I DRINC THE OLD AND RENOWNED, i GAMBRM1S LAGER BEER SEND ORDERS FOR BOTTLED BEER TO OFFICE, 793 WASHINGTON ST. Ths recent resignation of Herbert Hol man, the third and last of the sailor boarding house commissioners to surren der his office, was accompanied by the same explanation given by his former associates, that the supreme court had stripped the commission of its powers and made It a mere figurehead. All three; of, the commissioners alleged, in tendering their resignations to the gov ernor, that the decisions of the supreme court had ,deprlved the board ; of the power to reject any application for a sailor boarding house license, and that its usefulness was' therefore at an end. So frequently has this statement been repeated that it has obtained general credence. As a matter of fact, however, It Is withbut foundation, v ' The supreme" court expressly recog nized the right of the commission "to reject applications for licenses to con duct sailor boarding houses made by persons who are unworthy or Incompe tent, or do not possess suitable accom modations therefor, or who will not comply with the provlsibns of the act in question," and the court adds that "the refusal to Issue the license, when based upon either of these grounds, will not be disturbed." The sole restriction placed upon the commission by the court was that It must not reject an appli cation for license, for the purpose of creating a monopoly, inasmuch as ' the creation of a monopoly in any legitimate line of business Is contrary to the pro visions of the constitution. ', ,! ' Tried to Create a Monopoly. ' The commission had refused, to grant a. ltnenu ta "Billv" Smith and Harrv White, and one of the commissioners! admitted on the witness stand that the reason for the' refusal - was that 'ths, commission deemed it best that one firm I should have a monopoly of the business: application had been rejected upon any oj the grounds above mentioned the unfitness of the applicants, their Ina bility ' to furnish adequate , accommo dations, or their Indisposition to comply with the law the decision of the board would not " have been subject to re view. But - because the refusal wets based upon the desire to create a mo nopoly the supreme 'court waa compelled to overrule it.' In other words, If ths commission had not attempted to give Sullivan and Grant a monopoly of ths sailor; boarding house business,! In de fiance of the constitution, their-action would, not have been subject torevlew. The efforts of the commissioners to Keep out all competitors of Sullivan and yrant proved a failure, and the entire board has Vesigned. . Had , they chosen to continue In office they could, have ex ercised all the powers ' conferred upon them by the legislature. The supreme court, in Its opinion,1 says (raclno Reporter, 'vol, 74, No. 11, p, 311 -i .'.'"..' ' TELEPHONE No. HCAIN 49. BOTH ' PHONES. CLAYERIRG WILL SAIL. MARCH 7 Bia oxxzirr axi inrzm xs iLOasxaa AS KAFZSZ.T AS POSSTBU . TO XJSaYB OK : BCXXDTTLB TIKE TLOVr. LCKB2I, .KACHZXTEXT ASTS WOOI. IS KEB OAEOO. Notwithstanding the rainy ' weather cargo is being put aboard the big steam' ship Claverlng with the greatest possl ble dispatch. An effort is being made to have her ready to sail on March 7 and in order to get her put on schedule time every working hour will be. Im proved. . i The freight in detail which the ClaV' F'E'E.XH AT CUT RATES UNTIL APRIL 1st r""i""iTFmi erlng will take out is: 11,760 barrels of flour, 885.000 feet of lumber, SO tons of machinery and SO tons of bark.. . The latter shipment was taken aboard at San Francisco, but will be the last freight received at that port by a steamer of the China Commercial line at least un til the present . agreement which la in force between the two companies ex pires. ., -ji ; - The . exporters of . the cargo are as follows: Pacific Export Lumber Co.,"T, M. Stevens St Co., Eddy Falk & Co., Bal four, Guthrie & Co., H. M. Newall A Co. and R. Tenbroeck. Of the flour, 14,260 barrels go to Hong, Kong, 1,260 barrels to Moji and 6.260 barrels to Kobe. The bulk of the lumber shipment also goes to Hong Kong. , , Captain D. Barton Is In 'command of the Claverlng. A list of the other offi cers is as follows: Q. DavlsT first oftV cer; Robert Patton, second officer; J. Lo- mu, third officer; William Lee, first en gineer; Robert Hextqn. second engineer; William Hattersley, third engineer; Q, A; Patterson, , fourth nglneer, ' The steamer carries a crew of 64, wdo are Chinese. It is believed that the Claverlng will be loaded and out of the way by the time the Indravelll completes discharg lng her Inward cargo. Men were work ing at four hatches of the latter Tester day. and Oriental goods were going out onto the dock in a steady stream. Al though the hatches were carefully cov ered with tarpaulins the greatest care had to be exercised to prevent. the goods from getting wet and damaged. UNION PICKETS MAY HAVE TO PAY FINES The Boston Painless Dentists ere doing all dental work for: cost of material to introduce our laie aiacov 4-rfn and nitinless methods. J'ainlesa Extracting ...... Tree Kxaminatlons . . ... .......Free Silver Fillings f -3 r.nA Fillings ........... i ....... . .78 ;old Crowns, ............. 3.00 Hrldge Work .................... 3.00 lull Set Teeth 9.00 NO STUDENTS EMPLOYED. -Come at once and take advantage of low rates. All work done by specialists, WITHOUT PAIN and guaranteed TEN TEAKS. Our late botanical discovery o apply to the gums for extracting. fUlIn and crowning TEETH WITHOUT PAU is known and used only by Boston Painless Dentists " Corner Fifth and Morrison streets. En trance 2D 1H. Morrison, opposite , Meier A- Frank's. I lours 4:20 a. m. to p. m.; Hundaya till 1. Schwab Bros. PrihtingCa .Best Work. C47Vi Btark Street. lonable Mom Fhose SSala 17S Wiy Pay Klh Price for Watch Repairing ths best work for M her you can get l.uie money at . (Journal Special Serrtc.) - Spokane, March : 6. Saturday Judg Hlnkle Is to be called upon to pass upon the constutlonality of - the ordinance making it an offense to loiter on the streets. Attorney Del Cary Smith, representing the three union pickets who were ar rested for patrolling in front of Ondawa Inn, stated in court that he expected to attack the ordinance on the grounds of unconstutlonallty. The three cases were continued till Saturday afternoon, when lr tne court overrules the defendant1 claim, the cases will go to trial. ' The three pickets are F. M. Hopper, R, Hastings and F. H. McHenna. All three were patrolling up and down in tront of Captain McClelland s Ondawa Inn warning men tnat the place was "un fair." The other day , Captain McClel hand fought :the pickets with water and later he appealed to the law and bad them arrested under the ordinance re latlng to loitering on the street The maximum' penalty under the ordl nance is a fine of 150 and costs. Each of the three men is out on a 110 bond In court the reading of, the complaint was waived but no -plea was entered Preferred Stock Canned Goods. Allen Lewis' isest Uraud, Bupreme Court's Opinion. ' 'Though the refusal to issue the li cense, to, the petitioners is founded. In the answer, upon their alleged unwor- thlness and Incompetency; such denial appears from the testlnlony to have been based upon, the board's desire to limit the business to only one sailor's board' lng house at Portland, the managers of which hard received a llcenseprl.prlfl the" petitioner's application therefor, thereby attempting to create a monopoly In that vocation. The defendant. Edward Wright, as witness In his own behalf, testified as follows: 'When the board was or ganized we made a rule that -we would issue licenses only to people who wers satisfactory to the parties directly In terested In the shipping business, ship owners for whom the law was passd.' in referring to what the witness said to one of the petitioners he further testified that he informed him that any time he could get a recommendation from the men representing the shipping community, or even a ifftlon of them, we would issue him a llciJse.' On' cross- examination, In referring to the netl- rtloners, he was asked: "Didn't you tell those boys, Whue and Smith, that ths reason you. did not grant them a license was there was not money enough in ths sailor boarding bouse business for two houses; there was only money enough ror one nouser to which he replied: Yes, sir.' This .witness having test!- nea tnat a license had been issued to another firm to. keep a sailors' boarding nouse at Portland was also asked. In rererrmg to several persons who were engaged in tne snipping business at tthanmrt: What did they advise you to dor answered: They advised me to try and see if they could not get along wiiii one -saiior Doaraing house man here.' "Who did they advise you to is sue the license tor A. To Sulllcan and Grant,' the firm who secured the license prior- to the petitioner's application mereior. Board's rowers Beoognlsea. ' After reciting a portion W the sailor Doarqing nouse act, the court nroceeds -.'The right of the board to reject ap. plications ror licenses to conduct sauors' ooarding-houses. made fer nr. sons who are unworthy or incompetent, or who do not possess suitable aceora. modatlons therefor, or will not comply with the provisions of the act in ques tion, must be conceded, and the refusal to issue the license when based upon euner oi tnese grounds will not be dls turned. '. i . -. - "It will be remembered that the answer bases the refusal Ho issue the license on one or tnese grounds, but an examlna tlon of the testimony tends to shpw that tne oeniai or tne application was found. ed upon the theory that the issuance of only one license at the port of Portland would advance the shipping Interests, Improve the condition of seamen, and promote the welfare of the public The action appears to have been tried in the lower court upon such theory, and this Dcmg so, tne question will be re examined here as if it were the sole Is sue. ' ;The defendants' counsel contend thai tbe monopolising of a business that can be conducted with safety to the public only when licensed fs a legitimate exer cise of the police power of the state, The court then reviews at length the authorities adduced in support of the commission's action,- reaching the con elusion that under the constitution of the state of Oregon neither the legisla ture nor any board which it creates, can grant an exclusive privilege to carry on a lawful business. . . , t: Business, srot.Hlsgsl..:,, The Question whether the sailor board ing business is a lawful one is then dls- cussed by the court It was contended by counsel for. Sullivan and Grant that "the keeping of a sailors' boarding house is an illegal business, which in its, very nature Is injurious to .the community, and the - legislative assembly being the sole Judge of th degree of danger to which the public Is. exposed from that source, vested in this board power to re ject any application for a license that they might deem advisable, thereby authorising them to create a monopoly thereof, and hence the court, erred in commanding the defendants to issue. a license to the petitioners.. The state, in Its sovereign capacity, as parens patriae, is charged with the duty of guarding the Interests of the community by pro tecting the lives, preserving the health and morals, and promoting the happiness or Its subjects, and as a corollary there to,1 any employment that tends to sub vert the obligation thus Imposed may be regulated or prohibited by the legislative assembly." , ;; r:'- r-'A An exhaustive review of the author ities adduced, and a full statement of the familiar abuses that have attended the conduct of sailor boarding houses in this state, results in the conclusion that the business is a legitimate one. "Notwithstanding the conditions here described usually . prevail in dealing with - sallorsln fiiost sea ports." says the opinion, "the evils depicted depend, not upon the business of keeping sail ors boarding house, but upon the cliar acter of the men conducting them. It is possible for a person to be so-, im bued with a fraternal spirit and o actuated by an earnest desire, to aid sea men that he could keep a boarding house for them where they would have a home surrounded by every Influence that promotes sobriety and encourages onorallty. . . ..The keeping of a sail ors' boarding house is in our opinion, a legitimate business,- in the perform ance of which any citizen may engage a. matter ox common rignt, ana mis lng so, it must be assumed that the llgialative assembly, having In view see- on 20 of article . I of the constitution .thertate,- did not : intend-to restrict e business by limiting the number of persons who may engage therein, but as 'suoh occupation Is peculiarly sus ceptible of abuse, . the statute attempts to correct it by licensing those who possess , the prescribed qualifications therefor and who will comply with the provisions of the act, which is a valid) grant of power." ' ' In ' conclusion the supreme court ob-, serves: "It is possible that the veti Honors 'are unworthy and Incompetent and therefore not entitled to a license. but . from an inspection of the bill of exceptions we are forced to- the con clusion that the refusal was based upon tlia-'Poard s-aesire to-restrlct-the iiuin- ber engaged In the business, and, as we nave attempted to snow, tnat under a clause of our organlo law a monopoly cannot be created in cases of -this kind, it' follows that the Judgment should be affirmed, and it Is so ordered." A prominent attorney of Portland, in commenting upon this decision of the supreme court, remarked: 'The sailor boarding-house commission waa not de prived of one lota of its powers, by the supreme' court It cannot do the illegal act of creating a monopoly, because the constitution forbids that but otherwise its powers have not been impaired in the slightest" , t Every good-enough grocer keeps Schilling's Best tet . eotfM baking-powder flavoring extract pleat -sods . and moneybacks 'em. ' Costs him nothing; it isn't his money. Costs nobody anything. Cincinnati Commerolal: 1 Professor Woods Hutchinson of the University of Oregon not Chicago boldly declares that whisky is a good thing. , So it is. pard so it is, when it is good for sure, NEWSPAPER WAR IN CRANT COUNTY OBK SBITOB. XS OHABOIB WITH BX.OWXS9 VT TKB O77Z0B Or A BXTAX, in OBAV9 XtTEY MAT BB OAIiZD OW TO nmiSTIOATB THB MA.TTEB. ' I 8. Reeder, one of the attorneys for the ' prosecution : in an examination of WV O. Harrima'n that was Just con cluded ' before a magistrate at Long Creek, Grant county, said today:. 'The charge is that of sending a threatening letter through , the mail. The trouble arose, out of -the blowing, up of the of fice and olant of the Blue Mountain Ranger, a 'newspaper,' publisher at Long Creek and a threatening letter sent to its editor, C. ; A. . Coe, of that place. Harrlman is the editor Of the Long Creek Light,''- another : newspaper published at the . same place. '" The ' complaint for . his arrest was sworn to by B. F. Selvage, a detective-who was employed to investi gate and"-secure, the evidence necessary to fix the guilt of thoae who ;ha4 per petrated the deed. . . ' " "The letter which figures in the case was In lead pendll, all large print, cap ital letters being used. It was ad dressed to' Ce and employed the follow ing language: ivi .;;'.'. A-y-i,-;',,;--;-:- '"We came several miles to wreck your Ranger ; office. - We have ' more giant powder secreted and hereby give you fair warning to cease publishing tho Ranger and prepare to leave Long. Creek as soon, as , spring opens. ir not,s we wlll'j blow- you 'and your, f amlly into eternity. We mean Just what we say.' "This letter waa deposited - in the Long Creek postofflce Monday, February 8, the - day - after the r newspaper -plant was, blown up, and It was received by Coe the next day. The Long Creek postmaster testified that Harrlman was the only person In the postofflce at about the time the letter was mailed, and to the best of his recollection no other per son mailed any letters or were In the office after this one was mailed. "Experts examined, letters and hand writing . of ""Harrlman' s that was- ad mitted and - compared these with the threatening letter and concluded that they were all written by the same per son. In their- testimony they pointed out the resemblance between the capi tal letters P, p,.B and O, particularly ths last letter, as being almost. Identical to that generally used by Harrlman In his ordinary correspondence. . - The- animus that exists "was shown fully, and from which it appeared that Harrlman came to Long Creek under the protection of and supported by a strong and substantial element of the country for the very purpose of forcing Coe to leave that section or else to cease the publication of his paper. "Coe has been-publishing his Ranger for several years, and is considered an upright," outspoken .and fearless man, not . only in his private -dealings, but in his utterances through 'the columns of his paper. .. The rival papers contained the usual pleasantries and exchange of compli ments. In -which each Tied with the dther in, calling bard names. As an Instance, X will remind you that Harriman's father and brother were killed in the Heppner disaster on June 14. ; The 4th of July following a dance , was held at Long creek In. which Harrlman took a promi nent and very active part : In the next Issue of the Ranger, was an article which, in substance, said that the gen eral moral .makeup of a man might eas ily be inferred from his taking an active part in a public ball within about two weeks after the loss, of his father and a brother. This was said so there was no mistake in its being applicable to Harrlman. t - s TheBext--term-cf-ths--ctrrult-TOurt for Grant county convenes at Canyon City on the third Monday In May, and If an information is not filed by the dis trict attorney, William E. Miller, a grand Jury will likely be called to investigate. The . explosion which wrecked the Ranger office did not seriously injure the press, though it demolished - the building used for the office. The type was scattered, but Coe was able to pick up enough of it to .continue the publi cation of bis paper, which be has been doing ever since in another offlce." - . Tna ror AIL u . ; Have yon seen Frits' bill this week T It's great and no mistake.'. Come run ning, get here quick, there's barrels of run, - tne last is nest. - mere are iw performances dally, afternoon and even ing. Now, don't forget. Join in and en Joy -yourself. .'.;'".' :: .v i i ft : a "' ,' -X'"' yE ; : ' ' ''' - - The above. cut represents our Portable Cabinet Overt; each oven sepa rate from the other; one can be opened. : without interfering with the other. The best oven ever Invented for quick, convenient work. Can roast meat and bake bread and pies all at the same time. Being port able, can 'be used by-railroad and logging , camps as well as restaurants, -with much less expense than putting. up' a brick oven. We aro sole agents. Write. for prices. . - - -V, v.',..-, ...... .. , LOEWEBERG a GOING CO. SBCOVB AMD TATI.OB BTBXZTS. ' ' ' ' VOBTXAJTS, OBQOK M THE PORTLAND VOBTZJUra. OBSOOBi AMERICAN PLAN $3 Per Day and Upward KADQUASTEKS FOS TOURISTS O CC""LKtAL TSAYEESU .. , '..'''.' ,. . , .-,,'. ,r '.,, : tjpeoial rates maas te families amd single geotlemea. Tae sgw t win be pleased at all times te saow Tsoms and gtre prloec A saoSs ' Varklak katm. sslWieat ta she ketei. - '- . X. a BOWBtUs, Kaaaget. ...BUY YOURm. BAR FIXTURES asd BILLIARD TABLES From Us, and YOUR LIQUORS r WHERE YOU PLEASE, : if you vvant . to save money and stay in business. The Brunswick-Balke Collender Co. Exclusive features possessed by no other furnace Is only one point ; In favor of - - The "PROGRESSIVE" SOLD EXCLUSIVELY BY , the w.Q. Mcpherson co. ' -47.Plrt Street Portland, Oregon f " ( : .'. ': " ': J., ::.'. , i , : , . v - . . . . - , 'mem mmmmm i mm : . " ' m I , J j , . '" ' - - "' ( immm . ,V. A 1 x;'' ; i mi i i iTl!nr' r ' ' ' - DR. W. A. WISE Dr. W. A, Wise has practiced dentistry In Ore gon for 17- years. His advancement in the pro fession haa been steady, and he is - now a : member of the state board of Dental examiners. He Is well known in the Willamette valley and at Tillamook. Dr. Wise has resigned the busi ness management of .the firm and is now de voting all his time to active practice.'' Painless Extraction Cleanliness Good Work The work as done here has ao equal. The prloes are nominal, too, quality of work eonelaered. Then, too, - the retry -best materials are used. . Every pieoe of work done la our offloe, bo matter how small the job, the same ears 'is exer clssd, ths best trades of material used and the price charged always moderate : and satisfactory 'to the ' eustomer. : Zf your teeth are, la bad shape come here and have us eiamlne them at onoe with ; no cost to you. If they need little or much We will tell you and be reasonable la our charges if you let ns do the work. , Ton save both time and money and get the best here. There Is no dental work that we cannot do and do satisfactorily, Our offloe Is the best equipped la the northwest. Our force ' of ' graduate workmen ths largest. ITo student. All employed here are dentists of years of experience and specialists la their line. -' -; ' '' ' IS J ' fAUy.Tl :. ': DR.. T. P. WISE , : -'V''" Dr. T. P.-Wisels a graduate of the dental dei . partment of' tlje Northwestern Uiiversity, Chi cago. : He has-been In active practice for seven years, 4 and came to Oregon about four year ago. He practiced his profession at Tillamook for about 12 months, and has been practicing In Portland since. Dr. Wise is now business manager of Wise Bros., and parties bavlng business with the firm will call for T. P. Wise. WI EXPERT DENTISTS Corner Third and Washington Sts. Phone Mam 3029 72Z$&fr