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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 17, 1904)
V - ' . V )- i-sasji-, r"" r . -lksP 'PH O0D EVgNINa night; southwesterly wind. VOL. III. NO. MO. Judge George Says Saloon Boxes Must All Be Closed. MORAL ELEMENT IN THE TOWN SUSTAINED Mayor Williams Will Continue to Enforce the Law Against Private Rooms in . Restaurants. The evil that Is sought to be remedied by the city council In the paasa.se of thta ordinance arena to be to prevent. o far aa poaalhle, Immoral conse quences flowing from' private boxes in saloons and restaurants engaged in the sale of liquors, and a the ordinance, in some measure, tenda to the prevention df evlla in mind and alms to be the preservation of the publlo morale, doubts, so far aa pos sible, should be resolved in favor of its validity especially by courts of equity en injunction suits." Extract from opinion by Circuit Judge George. : i Boxen in saloons and restaurants must o. By the decision of Presiding Judge George of ine circuit court, who refused this morning to enjoin Mayor Williams and Chief of Police Hunt from carry ing into effect the provisions of the ordinance recently adopted by the eon- mon council, by sustaining City Attorney Mutuary's demurrer, the moral element of the community has won a pronounced MJlUf. . ' ' While, in the opinion of the court, the law upholds the city council in Its ac tion, if any doubt exists aa to the validity of the ordinance It should be resolved In favor of the nam sure, for the reason that It tenda to the prevention cf evils of mind and alma at the preserva tion of the' public morals. Judge George's opinion covers four typewritten pages. In stating his de cision from the bench he also made ver bal comment on matters not touched on in the document placed on file In the court archives. The contention of coun sel for the plaintiffs In the injunction suit. Henry Sandys and others and Theo dore Kruse and others, and of jounael (or. the city are fully reviewed. Qeaeral Police Power of Cities. "Ordlrarfly," rends the opinion, "the question of the exercise of n geneia. police power by cities has not been up before courta on the question of con sideration of municipal ordinances, be cause no general police power hag, been heretofore granted in onr :ity charters. "This police power originally resides in the state In Its sovereign capacity, and ean on y "be" possessed and exercised by a municipal corporation by a dele gation thereof to the municipality byJ the law-maxing power 01 me eiaie. "In tbls ease It seems to have been granted the city of Portland; under the present city charter. The power of the state, to legislate for Its general wel fare, la certainly very great, and courts of equity should first be Very l-ar as to the right before Interfering by in junction. ' If there has been a proper exercise of the police power it must fol low that many rights and prlvllegea 'Which people otherwise mlgtit enjoy can be and will be more or less 'Imlted. 'It was also contended on Use argu ment of these cases that the enactment by the people of what la known as the local-optlen law has by Implication re pealed all the previously existing lnwa, state or municipal, regarding gales of liquors. That may be more or less true where a conflict arises or may hereafter arise under the ree-ulaUvp and prohibi tory features of the law. 'It la a general rule of law that repeals by Implication are not favored, "On its fsce the local -option act does not repeal any psrtlcular section of pre viously existing law. and the doctrine of repeal ty Implication can' only be con sidered aa special occasion may arise or require. It may be safely assumed that It repeals everything that la so , inconsistent with it that the two ean not stand. The law Itself, however, ap pears to assume n continuation from time to time of existing laws, and even contains specisl reference to existing liquor lnwa, both of state and munici palities, until a happening of certain (Continued on Page Three.) KILLS TWO MEXICANS TO PROTECT GIRLS (Jesrnal Special VrrW.l Ban Bernardino, CaL, Nov. 17. On Mexican desperado was InatanUy klll.-d and another mortally wound od last night at Banning by James Con ley oT Los Angelea, In defense" of . two pretty sla ters, whom the Mexicans attached. Con ley and the sisters were Indulging In the fad Of sleeping In Jents near Banning. his tent adjoining theirs -Shnrllr sfler midnight he was awak etaed by the maters' screams, and on MsMftg Into their teed wan mat by I bbbbbV n - - , VJssbsT, ff ' vensns PORTLAND, OREGON, THURSDAY EVENING, NOVEMBER 17, 1904 SIXTEEN PAGES. riutt riva. tawtt. hdlMIWMBBe I 1 I 1 . . II " ' ' I 1 ' 4 t Portland 4 Asiatic Steam ship Company Cannot Handle Business. EXPORTERS COMPLAIN AND WITH GOOD CAUSE Unable to Find Ships to Carry ' Orders to the Orient, and Must Send by Way of Sound. "Strong promises hsve been made, and eventually It may be able to take care of the business, bu.t eo far the Port land Asiatic Steamahlp company has made a very poor stun In that direc tion." So said T. M. Stevens of the export ing nrm of T. M. Stevens & Co. when asked for his opinion aa to whether or not Portland would - ever be provided with adequate transportation facilities for making shipments to the far east. During the paat three montha a good portion of the flour sent from the Co lumbia river to Japan and China had to go by nay of Puget sound, because the oriental liners operating from here did not have sufficient capacity to handle all Of it. As n result Portland's annual ex port business Is reduced, while that of Seattle is added to very materially. It la estimated that there will be. fully 50,000 barrels of Portland flour aent to Japan On the steamship Shawmut, which is due to sail from the sound for the orient this week. Of this amount T. M. Stevens A Co. in supplying 11,000 bar rels, while Balfour, Guthrie Co. li sending a big portion of the remainder All the local firms declare that they would Drelec to make their ahlpsnei direct from Portland, but under the cir cumstances it is impossible for them to do an. the Portland A Asiatic company having no boats on which they could en- space. ta Tteesmhse As yet it is too early to predict, say the exporters, whether- there will he any big orders to fill for Japan next month. Bo far there have been few Inquiries for foodstuffs, but it appears to be the gen eral opinion that the usual amount of shipments will be made In December. If thla proves to be true, the Portland & Astatic (company will be in no position to handle the traffic The company will only have two steamers st thst time, and a big portion of their space will prob ably be taken up with other producta as will be the case with the steamers scheduled to sail this month. A big portion of their cargoes will consist of tobacco. Should the company continue its policy of not making provisions for tak ing care of all the business originating in this territory the exporters say there are only two things remaining for them to do either to charter tramp steamers or to ship by way of Puget sound. It is not esny to pursue the former course, they declare, because steamers are not always available at the time they are needed moat. When any extra tonnage ia required they believe that the man agement of the regular steamahlp line should attend to the chartering and pro vide fail and ample facilities. A few weeks after the aelsure of the Arabia by the Russians there was a great demand for Hour In Japan. Nearly all the local dealers had orders to -till. Word was aent to General Manager Schweritt of the Portland aV Asiatic com pany to send an extra vessel here at once. The reply came hack that he would aee what he cos. Id do about the matter. After several " weeks had elapsed he Anally closed a deal for the Aster, which was later dispatched it' is said by -his critics that thla mat ter could have been attended to in IS minutes, but instead much valuable time was wsated in smsll dickering. A local agent whose whole business is looking after the matter of chartering ships ssys there has not been a time dating the summer and fall that ton nage could not have been secured at any time it was needed. If the regular char ter rstes had been paid But Inatead of ahowlng a disposition to pay for the use of a vessel at the regular market price he assarts that Scherwln wss endeavor ing to get tonnage for nothing. That la the reason, he explains, thst so much valuable Ume was wasted and no steamers were sent from here-to the orient at a time when they were most needed. SHUTS DOWBT. New Orleans, Nov. 17. The coinage department of the New Orleans mint has shut Jown for an Indefinite period, owing to a lack of bull ten. the attack of the two Mexicans." one of whom struck at him with s knife, laying" open hla face, while the other struck him over the head Conley sects rsd a rine," whereupon the Mexicans tried to secure the girls for shields, but the latter escaped. White the Mexicans were running to the brush Conley fired twice. At each shot a Mexican dropped. One was snot hroogh the bony, dying a few momenta later, and tha ether was wounded through the hips. Inflicting a fatal veesssy waa net as issues. PORTLAND, OREGON, THURSDAY .EVBNINQ, NOVEMBER 17, 1904 SIXTEEN PAGES. Pjj I laf "fl Wy?WCTy ,V(hen Governor Roosevelt Left Right oT the Photograph Taken Sits Next to Governor, Now President Roosevelt. In the light of Developments of the Last Year the Picture Seems Odd. WERE ALL AFRAID OF YOUNG WEBER His Mother Predicted He Would Some Day Kill Family Threat ened His Aunt with Death the Day After the Mur ders and Told Her That Her Turn Would Come. (Special Dispatch to The Journsl.) Auburn. Cel.. Nov. 17. Tha Inquest over the bodies of Julius Weber and wife, son and daughter, who were shot to death and left to be cremated In the ruins of their handsome home, contlnuea Sensational testimony was given .last night going to show that Adolph Weber, now in prison, killed the other members of his family. Within it hours of the time when they found death at the bauds of an assassin. Mrs. Julius Weber, the mother of the lad who Is accused of the crime, said to her sister: "Dolphy la so mean end hateful that I am afraid of him. I am afraid he will kill us all some day." The morning after his mother, father, sister and brother were done. to death Adnlnh Weber visited the home of his aunt. Mrs. K. C. Snowden. He displayed a clipping from a newspaper in wnicn waa intimated that -he committed the crime. Waving the paper In the air . and brandishing his fist in his aunt's face, he cried out that she was responsible for the accusation, then loudly ahouted: "Ton have done this and your turn will come next." Mrs. Snowden, who gave this evidence, also said: "Adolph. was always mean and hate ful. His mother feared him greatly, and said again and again that she 1 GREAT HONORS ARE IN STORE FOR TAFT i Leaves with Others for Panama Tonight Will Speak in New Orleans. (Journal Special serrlee.) Washington, I) C Nov. 17. tsry of War Taft leaves tonight at 10 it o'clock en his mission of investigation end conciliation in, the Panama republic He will go over the Southern railway to New Orleans, where he will be enter tained by the cltlseaa, and will make a speech on the Panama canal. Sunday afternoon Taft will sail on the Dolphin for Pensscoia, arriving there early on the morning of Monday. November XI. and will there take the cruiser Columbia, which will convey him to Colon. The secretary will be accompanied by Mrs. Taft and a small party, consisting of He nor Obaldla, min ister of Panama; Willi im Nelson Crom well, counsel of the republic; Admiral Walker, president of the canal eommls slon. and several others. A great reception has been arranged far Taft on. his arrival In Colon. The secretary expects to remain on the Isthmus only n week, and hopes to be back lo Washington. December IS. (Jesraal Srftsl Bervtee.) London. Nov. 17. Lord Cui-soa will leave November 14. for India. Lady Curaon will remain In Bngland for the winter. Use heal th is slowly tmprov- Albany to Become Vice-President, a Dinner Was Tendered Him by the New State Officials. On the Extreme at the Dinner Is Judge Alton B. Parker, Next Governor Odell. Timothy Woodruff, of Fancy Vest Fame, feared that some day ha would do same thing terrible. "All the membera of hla family feared him. Many times ha struck his baby brother, a poor little Imbecile child, with hla olenched fist - "Adolph was hateful at all tlmea" The Inquest la not yet completed, and It now aeems thst the net continually draws tighter . around the remarkable youth, who remains cool end cynical throughout and openly laughs or sneers when told of other damaging testimony brought against him. Contrary to reports that were sent out from here, there Is not now, nor has there been; any talk whatever of lynch ing. Owing to the prominence or the kindly old man who was so brutally slaughtered, feeling Is high, aa he waa well and favorably known over the en tire great divide, but there has been no thought of mob law since the boy was arrested. From aa far away as Forest Hill and Georgetown, old friends of Julius Weber came by stage when the news of the murder was spread, that they might look on the gruesome relics of the tragedy. It is true that the men of the far hills are prone to take the law Into their own hands when they ' deem It necessary, but In this case tbey be lieve ' the courta will bring Justice on the criminal. NAN PATTERSON JURY IS NOT YET COMPLETE (Jess-sal f pedal Berries. ) New Tort. Nov. 17. Four Jurors sat In the box this morning when the trial of Nan Patterson was resumed, and the work of completing a jury proceeded. It is expected tha Jury box will be filled today. When court opened the defendant, gowned in the same black drees worn yesterday, took a seat beside her father, end took a keen Interest in the examina tion of all talesmen. Whenever Miss Patterson disapproved of a talesman her lawyer promptly rejected him. Twenty talesmen were examined In this morning's session, but only one juror wss selected. The court took a recess at 1 o clock. KING CHARLES AN0 HIS QUEEN VISIT LONDON ( Jfleesal Spedsl Serrlee. I T I,.., V.,.. IT ITin. Queen Marie Amelia of Portugal made a inp to Lunuun mis muiniiis ami wnr received as guests of the city corpora tion at a luncheon in the guild hall. The streets were gaily decorated In honor of tha royal visitors, and crowds along the thoroughfares cheered them wildly. Chicago. Nov. 17 Captain David R. Mulllken of Company D, 17th U. B In fantry, has returned to Port Sheridan to answer to the charge of having de serted a wife In the Philippines sad duplicating his payroU. His trial will be held November IS, before t nmrtlnl NATIONAL GRANGE HARD AT WORK After Delightful Reception Last Night, Patrons of Husbandry Take Up Business of the Order Important Resolutions Have Been Offered, Which Will Result in Discussion A resolution favoring the initiative and referendum will be submitted to the convention of the National Grange. It will be introduced by W. F. Hill, master-granger of the state of Pennsylvsnia. It Is expected thst the introduction of the resolution will be the cause of the most stirring debate of the session. While there has been no actual can vassing in favor of the adoption of such a resolution by the grange. It la said that Its supporters have assurances of strong support. Others, however, as sert that opposition will manifest Itself. In the state of Pennsylvania an ef fective co-operation between organised farmers and organised wage-earners is actually In operation. The last state conventions of these organisations or dered that the candidates for tha legis lature be questioned as to tha submis sion of a constitutional amendment for a peoples vote and direct initiative. The executive and legislative oommlttees of the state grange decided to co-operate with the American Federation of Labor toward securing a people's vote and di rect Initiative in national affairs. The resolution will be Introduced for that purpose at the present convention. The Pennsylvania granges before the last election asked the views of the can didates for the legislature on four ones-, tlons. They were: "1. That trolley lines in Pennsylvania INTEREST IN THE CONGRESS UNABATED Henry E. Doech Talks of Lewis and Clark Fair at Irriga tion Convention. (Jearnal Special terries.) El Paso, Tex., Nov. 17. With Interest in the convention unabated, the third day's session of the National Irrigation congress opened with a continuance of the reading of papers and discussion in sections of "Production by Irrigation." "-engineering and Mechanics." "Cllma talogy," "Forestry and Rural Settle ments." The program wss ss follows: Incidentally the attention of the con vention wae called to the Dewls end Clark fair direct by Henry K. Dosch of Portland. Or., direetor of exhibits of the fair. Hie story of what hns been done to make the fair a. success wss listened to with great Interest. A paper on "Irrigation for Market Gardening and Oreenhouas Culture In the Bast" waa read by W. O. Rawson. who Is an authority on the subject, hav ing sold as high as ISs.aee worth of product from one acre In one year. a Mai vmr-r Interest ins paper was a oompendlum of practical experience with irrigation among eastern r arrears prepared under the direction of Herbert Mvrlok. editor of the American Agri culturist, of New York, and Orange J odd Farmer of Chicago. , Three other snureswss inai nwrorau attention were as f -A Sketch of tha Hon in Egypt From to the Present uay, keur Bey af Cairo, MSI ft I J 'iilHMIBWsllMllllllllllllllW be authorised to carry freight. "2. That all classes of property shall bear an equitable shsre In building and maintaining good roada "J. That a constitutional amendment for a people's veto and direct Initiative be submitted. "4. That part of the local Uses which now go into the state treasury shall be left with the municipalities." The questions to candidates for con gress submitted were: ' "1. That the tariff shall be so sd justsd that American cltlsens can buy American products as cheaply at home aa tbey are sold abroad. . "2. That a postal savings bank shall be established. "1. That the postofftce shall carry parcels larger than four pounds." Since July 27 there have been issued by the state grange supplemental ques tions as to the referendum and initiative in national affaire. The questions are those asked by the American Federation of Labor. It Is hoped by those supporting the measure that tha National Grange, by adopting the resolution, -will not only present stmtjar questions to national candidates, but. will encourage state granges to do likewise in state elections. At this morning's session a resolution (Continued on Page Nina) and supervising engineer of dams on tha Nile; "California's Irrigated Poealblll tleaJ' by Hon, George C Pardee, gov ernor of California, and one by George H. Maxwell, executive -chairman of the National Irrigation association. The next convention city will be se lected tonight Portland will undoubt edly be chosen, although Boise Is gain ing some strength, wiuiara Hmytne, or Ban Diego, has been put forward for the presidency, making three new in the field, the others being Governor Pardee of California and Benator Newianda or Nevada. Practically all papers are be ing read, although a number of persons on the program are absent The dele gates will attend a ball light at Juares, Mexico, this afternoon. TACOMA MAY GET THE LAWMAKERS AT NIGHT (Special rnspateh to The Joernsl.) T acorn a. Nov. 17. -Owing to the burn ing of the- Olvmpla hotel, the Northern Pacific la to put on a faat train and bring the legislators to Tacoma nightly. The plan la a novel one. and the time consumed on the trip Is figured at one hour. GEISHA GIRLS WILL BE SHIPPED BACK TO JAPAN (Jearsal Specisl Berries.) Washington, Nov. 17. The of ths department of labor, on behalf of the gratlon, today Commissioner Dunn at St dspotaUoo est burrrisf hsxntT-1 MreMttlfll SssBsMed tha ts-sina gAUea I IISJJ. MwJIJ IstassssssssssM g.M" ow . ing .the deportation of the frllB.illel. 07 immmmmN ! m.e-W.r tMBsssssssssssssssssssssssssm Now Believe Stoessel Will Hold Fortress Until Relieved CHEERING ADVICES IN DESTROYERS DISPATCHES Nothing However Is Made Pub lic Destruction of Rastoropny Con firmed. St. Petersburg, Nov. 17. (Bulletin) General Kuropatkln reports that tha Japanese Tuesday evening assumed that offensive near Tlenshlnpu, but were re pulsed. At dswn of the same day tha Russian sharpshooters ambushed two detachmenta of Japanese dragoons, num bering 30, and all were killed , except two or three, who were captured. A company of Japanese made an unsuc cessful attempt to rescue their comrades. The Russian suffered no lo (Journal Special Service.) St Petersburg. Nov. 17. While the details of the dispatches received from Stoessel are wltbeld. military circles today expressed the belief that Port Ar thur will be able to hold out until the arrival of the Second Pacific squadron. THls confidence Is based on inrormauon conveyed by the destroyer Haatoropny. The following report from General Stoessel. dated, October It, waa received today: "Japanese very vigorously bom barded the forts and entrenchments on the north and 'northeast on October 1. Today they attacked the north front, but shrapnel fife dispersed tkslr sup ports and the assault waa repulsed. Our losses are one officer. It mew killed, eight officers and SOS men wounded. All dis tinguished themselves. It is Impossible to mention Individual heroes." It IS said thdt the -general Informa tion contained in the report conflicts to a considerable degree with advices that emanated from Port Arthur a few days ago from other sources, in which the situation waa portrayed as being almost indescribable. Many optimists are now of the belles' that while the situation is a critical one former news to the effect that many of the garrison were ready to surrender, but were held at their posts through fear of being shot, is entirely wlthodt foun dation, and In support of their idea ad vance the fact of the love and loyalty that General Stoessel's men have si ways evinced for him. At any rate, the latest advices from the besieged garri son have had the affect of apparently raising ths hopes of all those "here who are familiar with the war situation aa it exists clone st noma. It Is reported that tha Japanese In tend to begin a forward movement on November It In an attempt to break tha center of the Russian formation on tha Bhakho river. It Is said the Japsnsss are collecting a large force on the Rus-t slaa eastern front. Boosts from that vicinity report that the Japanese hold all the passes. A dispatch from Mukden ssys that severe cold weather has driven the sol diers of both sides into their dugouts and put a stop to artillery and Infantry fire. Three days ago the Japanese made a reconnolsance toward the extreme east. where they pushed back the Russian cavalry a few miles, ss though Investi gating the possibilities of a nankins- movement. FORTY THOUSAND DEAD. Vest Arthur's Defenders i (Jonrn.l special tervtes,) Roma, Nov. 17. The Cbefoo corre spondent of the Italian MUItalre wire that General Stoessel's report brought to Cbefoo by tha Rastoropny states that since the commencement of the stage 30.000 troops and 10.000 elvn lane bare died. The garrison Is using home-made) powder and the troops are on half ra tions, while the civilians see on eustrtsr ratlons. . V " ' "" General Stoessel contents himself with) stating the facta concerning the situa tion, implying that he awaits orders se) to surrender or continued reeistsnea ( Jon 1Ull 9pejafsBsl SssTTs?SL ) Washington. D. C Nov. 17.- General Fowler, at Cbefoo. cables the state department that the officers of the Rastoropny, with their arms and (Continued en Page Ntaa.) IMPROVEMENT SOCIETY DEVISES CLEVER PLAN (Sneetal MSMtet to Tl Corvsllts, Or.. Nov. 17 A new -hm for swttlnar neonle Inter est 1 in cleaning in their srets toes has been dev esd by tha Car vnllie village Imprtumeat ea- eiety. In ths coming eei" secretary ia tetament gives, wwere v. ' lsslssssssssssssssm