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
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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
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X. a BOWBtUs, Kaaaget.
...BUY YOURm.
BAR FIXTURES asd BILLIARD TABLES
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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 , :
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, 'mem mmmmm i mm
: . " ' m
I , J j ,
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( immm
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,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