The Oregon daily journal. (Portland, Or.) 1902-1972, April 10, 1905, Page 14, Image 14

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THE EXQUISITE FLAVOR OF
Over Forty Years Old, Has Never
Been Invoked and Should
voked and
Be Killed.
X
THIS IS CONTENTION
OF NEASE'S ATTORNEYS
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AND ITS MELLOW DELiaOUSNESS AP-PEAL-
MOST, STRONGLY: TO PEOPLE'.:
OF REFINEMENT, HENCE : fT IS CALLED ;
THE AMERICAN GENTLEMAN
Sold t til BntluMi crs'in4 by Jobbers, ' J. :' ' '
WM LANAUAN SON. ilUmor, UL v -iv 1 , : 1 ,,
flACuEil' AliO SAW
Many Cottagt, Rats, Apartment
Houses and Business Build-'
ings Being Constructed.
ARCHITECTS' PUNS,. : :
: i FOR ARTISTIC HOWES
In Every Section Are Seen Signs
f -iof a Remarkable Growth ;
" in Population.
.,A Portland architect! ar . boy wtth
pi na p fvr cuttasca, flata ami ftiHirtiiiAiit'
faouaea. SpeclAcstlona for tare bual-
ncaa buildlncs, to ba aracted aarly thla
eaaoa. ara nearly raadr for to bidders.
. Conatructlon work will soon baj-la-on
tha Bweenr bulldinf at-'tha ooraar of
ltorrlaon and Savanth atreta. tha Mar-
ahalKWclls company'a . warehouaa, tha
. Concordia. - elubhouae, - tha - Bllrarataln
hotel, and tha Weyerhauaer lumber mill.
- Plana ara - bains prepared ' for a I
atory realdanca for Robert . Smith, on
Eaat Eighth and Thompson street.' Mr.
, V. li. Vlnksn will erect 'six iliti at the
corner of Serenteenth and Couch streets.
Tim Kinney la havln plana drawn 'for
. a J -story dwelling-, with basement and
attic, on Kin street near Main street
A S-etory residence with basement ajKl
attic will be built fori Albert Felden-
helnrer at the comer of Main ' and f-
Klns atrteta. B. B-Rlch hai
drawn for ramodallna; three store fronts,
j. A. Curry will build a bungalow on
Portland Heights.' . A aaodern - wayslda
inn -will, be built a St. ; Helen's road,
near the exposition, grounds. It will
be UOxlO feet, tw atorles, with a ball
room on the npper . floor. Tuere will
also be stables and an auto shed. -
An apartment house will be built at
Second and Lincoln streets for ' Mr.
drawn for a J -story dwelling with base
ment and attic. In Alblna. F. A. Nltchey
will erect a S-atory dwelling at Marshall
and Twenty-fifth streets. Plans are be
ing drawn for. J.. D. Coleman for " a
group of eight flats to be built on
Davis and Nineteenth streets, and for
remodeling - a residence on - Nineteenth
near Davis street H. Miller will re
model a resldenoe at Twenty-flrst and
Johnson streets. Three large and mod
ern dwellings are being built at the
corner of Twenty-flrst and Kearney
streets. Two large residences are under
conatructlon at the corner of Davis and
Fourteenth streets.
P. W. Torgler will tu(1d a ' J -story
dwelling on East Salmon between Twen
tieth and Twenty-flrst streets. L M.
Wsls.ee hsa plana' drawn for a l-alory
residence on Eaat Morrison near Thirty
seventh street. A. O. Hall will build a
2-story flat building . on Kearney , near
Twenty-third street . Nash Bros, have
contracts . for , two residence on Eaat
Everett between Thirtieth and Thirty
first' streets.' v.i- .:-. U- j
IKGASTATE
TOlEflTS OF RAKI
:...f-,: vat
But: In
Peter Schutler Says He Spent
?. Some Weeks Trying to -.
'.0 Find California, jv':.
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-,1-
AMAZED AT RESOURCES
OF OREGON COUNTRY
ir.t.it.nii WSBDXsTO.
)
' This evening at I o'clock at the Sal'
vatlon Army hall. 111 First street. Major
Fynn, the divisional officer, will, conduct
the hallelujah wedding ceremony-of
Captain Louis Brugman and Lieutenant
Bessie Davie from Oregon City. Re
freshments will be served after the cere
mony. ' ..-. ,: t; . ; n-1
Preferred Btoek Oaaaed Orooda. . '
Allen Lewis' Best Brand. - -
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MEN'S SHOES EXCLUSIVELY.
The Factories
(MmersioMm;
And our big orders were long in
being filled. ' But; : now the new
goods are coming in almost too fast
for us to handle. : We've got lots
more on the way. It means we've
got to put Shoes on lots of feet to
, p. win out.
Our famouv
c ..J ..
Shoes and Oxfords
- ..... i . . .
Are just the thing, though, to stimulate heavy buying. When
next you are on Washington street near Third and Fourth,
just take a peep at our windows. They are full of the nobbiest
. i, -: r. '., spring and summer Shoes you ever saw. 4 ;
1NOB13Y SPRIINO HOSIERY
' k ''" Pretty Patterns, Best of Quality, Popular Prices.
VANDUYN & WALTON
. 1 270 WASHINGTON ST. ; X
Believes That Its Developtnent
' Has Just Begun and That It
Has Wonderful Future.
ooBntry and If it
Peter SchuUer, a wagon . maaafao-
lureLCJLCWcago, Jajsiportlsjilsttorj
He is aocompanled by Adolphus BuscJi.
a St Louis brewer, the tatter's wife and
daughter- Miss Bergv and Carl Conrad,
general manager of the Busch brewing
Interests, .
, . "Tou have a great oonntry-
ralns so much of the time here, as I
have heard, it must keep busy to rain As
much' af It has the last 'few weeks In
southern California,' said Mr. SchuUer.
"We have been going about In the rain,
looking' for California, Bridges i have
been washed out, the crops have be;n
damaged, and the rain has kept right on"
falling. ' We have spent a part of the
winter in southern California, and are
here- to see your city and the prepara
tions for the Lewis and Clark fair. Ho
far as I know. It la a pleasure trip for
alt of our party."
. Peter SchuUer Is the only surviving
son of the original Schutler who estab
lished the pioneer wagon factory at Chi
cago In 1141. This -la his first visit to
the state of Oregon, Although he has
for many years tteea represented here by
the Deere company, he has not found
time to get' any nearer to this -field than
southern California.
This is a country of opportunities and
a great future-he said. . "Its develop
ment has .Just begun. - While other
manufacturing Industries wlll come in
great numbers, the wagon making In
dustry will probably remain In tha mid
dle west, where we have the great sup-
in vi nw uwiwriiujB. uicuu najs uui
the necessary hard wood for manufac
turing wagons on a large scale.'
Mr. Busch has extensive business con
nections on the Pacific coast and buys
a large quantity of hops annually from
Oregon. He is at the head of one f
the .Jarre breweries of the Mississippi
valley, and' was one of the active pro
moters -of the Louisiana exposition. The
The party visited the Lswis and Clark
fair grounds today and was charmed
with the beauties of the site, and sur
prised at the extent of tha undertaking;
HEAVY FROST HURTS 5
? v ' HOOD RIVER FRUITS
(SpeeUl Dispatch to The VearasL)
Hood River. Or., April 19. The
heaviest frost during the blooming sea
son known here for years fell last night
Apples "are -safe, but cherries, peaches
and strawberries are slightly damaged.
The government thermometer reriatered
10. A hail storm alas visited this seo
Uon yesterday. '-, . , (, y ',, ,
Accidents eome with dlntresslnr fre
quency on the firm. Cuts, bruise,
tings, sprains. ' Dr. Thomas' Eclectrlo
Oil relieves the Daln instantly.' Never
Sttft without 1t-
Prosecuting ' Poolroom
' Cases Oregon Says Statute
V ' ' la AIU.1 J
: hit muvn ruivv. -1
Contention ' for, application of the
argument of . non-user' la the ease
against M. C Neaae. f or maintain
ing a. poolroom In deQanee of the public
nulsanoe statute, la ; strenuously . op
posed by counsel for the state of Ore
gon, and the law books containing au
thoritlea bearing .pn, common law deflnl
tlons of " publlo .nulaaacea have been
carefully conned. The ease la attract
ing general attention among attorneys;
and th briefs submitted to the supreme
court have been read with Interest
The statute of nuisances was enacted
In Oregon 40 years ago. It haa not he-
fore been invoked Jn this state to. pro
hibit . poolrooms. -The Nease brief, as
sumes that non-use of the . statute Is
virtually an- expression v of opinion by
officials and the judiciary of , this state
that the nuisance statute does not apply
to poolroom gambling houses. . t - -
This argument of non-user is reeard-
d by the counsel forNthe state -as Il
logical "and Inconsistent with the law.
Attorney-general A. M. Crawford," Dis
trict Attorney John Manning, Henry D.
McGinn, of counsel, and Mr. ' Manning's
deputies, 11 B. Adams, O. C Moser and
Bert Haney, have signed a brief with
the supreme court In which they draw
what they hold te be the-true distinc
tion between publlo and private decency.
and alpo cite authorities bearing on the
point at issue as to nuisances, In sub
stance, their contention la: . . , --; :
. . . Birth 'of the Statmte. .
The Oregon statute in question, known
as section' 1930 of the annotated code.
was incorporated, la - the code of Mew
York state in 114 by David Dudley
Field, William Curtis MoVee and Alex
ander H, Bradford, who. were authorised
by 'the 'legislature of that state, to pre
pare a penal' code. From this - draft
Judge Matthew P. Deady took section
mo of the Oregon eode almost literally.
and Judge Deady'a draft waa accepted
by the Oregon legislature and passed as
reported by him at . the session of Sep
tember, 114. v "'' ' ;
The New Tork code builders . at
tempted to name all possible crimes and
misdemeanors, but thinking that they
might have left some for which punish
ment was not provided, drew the publlo
nuisance staHute, which refers to acta
that' outrage the publlo decency. Injure
the publlo morals and diaturb the public
peace, in order that the New Tork eode
might be absolutely complete,'- This
was done for the reason that New Tork
was substituting ' code practice fof the
common law, and it was necessary . to
provide a code sufficiently comprehen
sive to cover all possible contingencies.
it waa mis nuisance statute, alleged
the state of Oregon in the Nease ease.
that was embodied in the Oregon code
when the legislature adopted the draft
prepared by Judge Deady, and Its con
tention is that It Is competent to In
terpret the statute In the light of the
Intention of the lawmakers as indicated
by the well known Intention xf those
who drafted the New Tork law from
which the Oregon-. law was. taken.
' -'Kow Most Was OofvleteC '
' In the 71st New Tork reports is the
reoora oi ine oonvicuon or jonn most,
the noted anarchist, under the public
nuisance statute, for publishing a news
paper In which, he advocated , , -murder
of public- offlciala. . There., was - no
speelflo statute covering such an offense.
but the court held that the nuisance
statute covered the case and upheld the
lower court in . recoratng . judgment
against Most
In the celebrated baccarat decisions
of Sir Henry Hawkins, of the queen's
bench, England, acknowledged to be one
of the most, learned In the history of
Jurisprudence, this language was used
"We do but administer the law as we
believe it to be, and so have existed for
many a long year, though It haa been so
panity,- thst at last its existence seems
to have been forgotten; and, quoting
tha language of Blackstone, YoL 4. page
171, Irag, "our laws against gaming are
not so deficient as ourselves and our
magistrates la putting those-laws Into
execution.' " ,
M. C Neaae Is represented in the ap
peal by Dolph, Simon, Mallory at Gearln,
Watson Buckman and W. P. Lord.
i rt9Lw.K Vvt .y:-. :V;:.v:.v.Iv'-:;.,fi.;.v ;v'',' ,.i;..:'t . v
5
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WITH EVERY PURCHASE OF FIVE DOL-
nSbr'ovcr
. DEPARTlVIEl
BASE BALm : UNIFORM & SUIT. : This will:
.V
piwebbori to m
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't. in v ill ii Willis ln-.Tnr inr. sn.niiTrv iin nnvs rMTTirrnn ..
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WHEN YOU SEE ; IT. IN. OUR
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THIRD AND
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HISTORIC DOCUMENTS
-RECALL PIONEERS
Valuable Collection of Late Sen
ator Nesmith Becomes Prop
erty of Historical Society.
Many documents of considerable his
torical Interest have been presented to
the Oregon Historical society by Mrs.
H. B. McArthur. daughter of the late
Howls Baby Today?
Better; thask 74m. In fact, fluite
welL Fat round and' fnll rtt iif and
mischief. - Pink and white flesh, dot-
tea witn dimples, no cough, no h
digestipn. -", 'i'.i.v ;t"x:;:,;:.
All on account ft ,-',':' j'..' ("
admhustered by a mother whose lore
was tempered with common lenie.
She knows that OZOMULSION is
t fountain of energy for grown -ope.
too. It stops ' waste of . flesh. It
makes plenty of rich brood. Fof j)ale,
feeble folk it i the chief nourish er at
life's .feast , It cures Coniump'tion
when taken Is time; All druggists
ell it so cents and Stoo tha bottle.
Let us send you ' - . '
Free Stasia Bottle fey MsH
Write letter or postal to ; ;
OZOMULSION CO. .
ealae Jfl 1 York,
! : "
Senator O. W. Nesmith. whose property
they, were." . , .,v
One of the most Interesting la a cer
tificate of five shares of stock la the
Portland If Valley Flank Road com
pany. Issued to J.- W. Nesmith, October
1,-llSl This company built a road ap
the canyon through which bow runs
Jefferson street which waa the first
plank road built oa the' Pacific coast ,
la the collection la a letter written
In 1MI by A. B. Harden of this state,
.telling his' brother, O. IX Harden, the
best route te travel to come from the
eaat-'toz OregoiK A large hand-drawn
map' -of -the -WlUemette valley was on
the back of the long sheet of paper on
which the letter was written. Tribu
tary streams and location of towaa were
accurately given.'- ---.,-
There is also the report of Colonel
James W. Nesmith of the first regular
mounted volunteers to Governor George
I Curry,- made November it, 18(1, re
ferring to the operations connected
with the Tskima Indian war, and the
commission "of C. M. Barkwell to the
position of surgeon general of the Ore
gon, territory, made hy Governor Oeorge
& Curry In IMS.
Letters from . General John C Fre
mont' Jesse M. Applegate and Joseph
Watt dated In 1861. 186 J and 1164 re
spectively, to Dr. John McLoughlln In
which they commend the latter very
highly for his services.. In the interest
of early Immigration In this state are th
.the doHectlon. ..... ;'-, . . . : ;
tittle Colda" - Thousands of ' lives
acrlflced every year. Dr. Wood's Nor
way Pine Syrup cures little colds, cures
big colds too, down to the very verge
oi consumption. . . .
SSSSTSi
A TK 1 O
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5 ' 'iy'A')
!1
0
On all Mixed Paints boosht before
-Vs. 'A "i't
II Mil- v at
mm
MAY lOth, at
CO.
MUSSEN &
-v PUSH1NQ PAINT PEOPLE :
Northeast Corner Second and Taylor Streets
eVSSSSetSa,aa)4iet
We ee erewa sad sHose werk wttaeat Bam.
Oar U years' esperleaee la plate werk ea
ables as te fltyoar amth eesitertskly.
Dr. W. A. Wise ass teand s ssfe way te
extract trnta, sbeotately wttaeat pats. Dr.
T. P. Wise Is sa sspert at (oiS fllllag sad
erewa see brldte work. SitreeUag fNe
waea plates er bridge are ordered.
DS. T. P. WISS.
WISE BROSr, Dentists
eOJae- SviUhw, ear. AM eat Wash Sea
Opsa evealBss till a. m. onesys (real S
l IS, Or. Mala StaL
OS. W. a, WISS.
mm
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IN WOOD PRICES
" . . r'i";' . ' Jr ' ' '..''.. ' '."V -' ' -'.
FOR ONLY 30 DAYS
SS3T. N.
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2.25
. 1 z..:sr 1
1 t'.-. -111,'.; ,' 1 a VV) FZB SXAaTyo09 tWCOMU STSCLOW AMM ' o V '
1 -Y . fQ Sf. Y, i . v . f . fob TSOEs Bzsnuo ent. A'A:':i'
' '" -.';-'j;V"; '''T K '. ' ' .';'" S ' Owen short stab, par load..'....fl.rS UX?S 1.
; mtr rs. 1 " T x " " - ftj .Dry ahort slab, per load.........l a.BO v ; s
275 ?5l . 225 1 ' 1 k , hj malde. per load H 2.2 S " .'. ij
, avrV I. , '. (, " ; - i , . '. - 4-foo dry wood, per eord ..'S.2SV ' '
'". .,'.;.'.. ' .-.'.' "v- -.--- 3 .;,,.".',.. Block wood, per losd... $3.00 ' -
" ; Sst y " 1JP A 1......'.. .ShteepS Fortlaad Stents, WfllasaeMe : ,':
Kt A-rAk -7 fY, q Stetglras and SSoaaS TnT , . - -
f -'." ! .'; V) -.'... P 1 , . ' - A;' .:."'' 4 s ' ' "",'' , Ossop 4-twt trees slsaweeS Ayt iwaasewesi'' 7-"!,.'.
' .J . 5 ',.,-''.."'. '' ' Stleai bmIibS Is ewtrlets are '. n00; II ''
Wll- I t '-.' : ;' ' bort areea weed, par loss. , 1 'ilV'' ' rfT? I' '
I ii I 5 r-Amy:Mr
y-arlvi' , v.vff) II . lilt- ; -i -
n0. ; 2u yrtRar' . . r al,u wbstsiob V ; ' , ; r
tjtyj S ' 0rs shorter load. ....... ...$1.75. atimiil Ferttaad .-aa4 WO"
. ."v ; " .' Dry short, per load S2.SO ' ..lasaetaa Stelghte, k -.
ALU AVnOTZIIDG
Oreea shorter loed. ......... .fl.TS atimiil FerBaad aad
Dry short, per load S2.50 ' laaawtta tUtghts. k v
ury -ioot wooo, inr wra,.,..j.ao ; s frrw warra aegw 0rff
ciocaa, fr 4ua. .a,w .. w aUTD SAYS XT. ' I
BANFI ELD-VEYSEY FUEL CO.1
Phons Mssln OOTMIRD OTRS:
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