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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (April 24, 1905)
' ' .. - S , - I . -. T, - . . . T-'-t iTeaslne;' e,n""': Tt rho r aj eooier; iov.j- . ' east A ' - . - ' . : Tha C-v i iif" '' ' '"' ''" ' " y,v: v .. v.. vou iv. NO. 1 In Two Cases Before :JusticesU iKa the ?LowerCourt noraIHcmentof:Por Vic---etory Against the-SaloonkccpcrsrWho r; Fought Bitterly for)Private Rooms . y ; Balm. Or,-AprU 4- PorUand'a box ortlliunc la held Tmlld br th uprtm . :' court today In two eaaoa that of Hatry Sandra. John P. Roth and other against Otorn H. WlUlama. aayor t Portland, and other and Theodore Kruao agalna ' Oeorr H. WilHanM, In both of which - the decision of the lowor court In favor- of tho city of Portland waa afflrtnad. --rvTha aaloon man who brought nlt to J-i enjoin the enforcement of th ordinance , ; maintained that the local .option law do- p rived tho city, oounetl of the power to i 1 reculata or reatralh the aale of Intoxi cating liquor. ' 1 The eupretne eoart holds that wnera two tatutoa rolatlng to tho aeme ub ' Jeet are Inoonslatent, tho later law fur- nlahea the rule of action, but where s a later law only ntodlflaa --a former - atatute, tho two must be taken together , ! as ono not. and that Mla Is. true in the . vmm In queaUon. and that the local : t octthnv' law was not intended an ub- titute -for or to superieda tho prior leglelaUoa on tha " subject to -which rt . relates, but only . aa". a - modification thereof "whoa b prorlslons of such law are made applicable to a county or ' subdlvtolon thereof by a majority pt of tho elector,- , i . " : 1 M It also holds that the oouocll of Port ' jind has express legtalatrvo authhrHy to license the sal of Intoxicating nq '" tiors and regulate and restrain a dealer ' In places where such liquors are kept ." for sale, and that the. council having V plenary power In the matter a oould exempt hotels from tho operation of ih. ordinance without vloUtlng any oon. jlttaUonsl inhibition. : The, oplnlon was 'given by Justice Moore. HISTORY OF ORDINANCE. Wi Hsusttsa Th suprom court's decision will be ' regarded aa a victory for tho champions of better condltMMis in th municipality. ', Against It was mad on of th hard- nt fights vr witnessed- la th eoun .' itll.' but which resulted In complete ca- j--iUtlon by thos striving to defeat It, sesufted In th adoption of - th , .measure by practically ananlmoua rota Th box ordlnanc was introduced In - '. the council early In May, 14. and passed Jun I. .Next day Mayor Wll ' llama r signed It BborUy afterward, Bath Sandys, Tbeqdor Krus and 4 other, attacked th ordlnanc. claim r kig that it was aa Infringement on th - -nghis. of saloon, and restaurant own . . era. and caused reststancs to b mad la thclreult court to Its enforcement. iTh sourt - upheld th law. and . th ' eaeewer then appealed to th u- prm court, where they wer argued 7 about two months ago. ' ' . ' "... Th ordlnanc prohibits the main "' tenanc of boxes In saloons and fUt ' rants In which to sail liquors. - Th full " text Is: '. :'- ' I::-" '-'. "Sactlon I. No ' proo :. ngsgd In selling spirituous, ' malt or fermented 4tojsors or winea in quantities lass thanJ . oat quart in any saioon. wrjnon r rw " , taurant In th city of Portland shall sell 'any liquor to b delivered or used, or !, that snail be delivered or used. In any sld room, back room, apper room or 'other apartment In th earn or aa ad . Joining building, and a hair not maintain ' taereia or connect therewith any alcove. . booth or, box, er shall have or maintain any private or separate entrance for any i particular ' class) of , cuatomera. or - any . word or alan noon any- entranc sign! fylng that such entranc I for ladies or amlllasi oc f n any ... psrtWulai claaa f persona, or is a pri vate antrane to such .Barroom, - saioon. r ree taurant. or to any other apart- merit ased la connection therewith; provided, that nothing herein contained shall prohibit th serving of such llq ,or to gueats In a' hotel hating a valid Ifcens to sell th earn. - ' : r "Section J. It haU a antawfut for : any person to conduct, carry bo, hpen .or maintain- any restuaranC barroom, ' or sslooa within th city of Portland aoanecte tborewttB any box; booth, stall, or any private room; pro vided, htrwrver. that this section shall not apply to a private room having a Boor apace of more than lit squar fett, or shall it apply to - restauraata Jn "which spirituous, malt, or 'fermented liquors er wines are not sold, and in which such box, booth, stall or private , room is so constructed as to b nttrly pot th sld facing any' hall, hail- way. paasagaway, er room, and the eld- thereof do not. exceed- seven fet la ' height- - ' - la-the attach made la th eoart th proposition wer set j that It was snconatltutlonal In that It violated th bUl as .rihu guaranteed to iuana. 'rTSk ho SCeaanrs Poas a ,V, .Joyoaslr Jy Beformaa. Supreme that 'It virtually would prevent certain salta and restaurant keepers from con tinuing , business, aecaua It Imposed conditions under which It would bo lm posslbl for them to maintain their es tablishments, and that this -vitiated th ordlnanc because these aaloon- men had obtained licenses under conditions that did not contemplate later depriving them or their privilege as provided for In th ordlnanc. .Discrimination also was charged.-' '"T "V ' - ,v'- Th effect of . th ' ordinaaca. ' If en forced, will be to compel all saloon men ana rostaurants , to remove ' boxes - or small eompartmenta having floor scao of less than HO square feet and to-do away-with private entrances that have been used for womeju. . . ..', ,'v ; i . The strength of the light against the ordlnanc on th -part of th restaurant and saloon men may be Judged by tii Hstof-plaintiffs la th aurt to prevent th officials from enforcing- Hi Harry aanays, venn i. sato, llenry Hanne, John Schlenk, ' rtrdlnohd Sechtem. Charles. KlrchnerV A.- Q. Day;'.- Frank Orltnth. T. K. . Carsch, Charles', Bern staohr, , FriU Btrobl and Theodore Krus. ,;"'; " '' "I am much gratUled to leara of - the action of th supreme court," aald jt. R Albee, "andhav been assured by Chief Hunt that, -If the supremo court upheld It h would -enforce it- vigorously. -1 believe that th hw ordlnanc and Its honest application ', to local conditions will do much to bring to pass a better state of things and to cur abuses that have marred th fame of the city." . .- Many of th saloon man, - wo do not th ordlnanc,; hut yer tfMJ&JtltlUL "I xpctd th supreme court would sustain th decision of Judg George." said Attorney -John F. ' JJogaa, oounsel for th defendant today.- I anticipate, however, when w ffoelv th text 'Of th dec talon, that It will be seen that a compromise has been reached la some of th details of th case. For Instance; H. R. Alba claimed that under th ordinance liquor could not be sold In any box, but I believe that th dedsioa will allow liquor to be sold In saloon boxes containing II or mora squar feat of apace. Boxes la t. restaurants wiH have to be 'taken out -r-1 do not believ any of the boxes will be removed, bat thos which do not comply with th regulations of th ordlnanc will b closed up." "I cannot say what I win do In this matter., aald Mayor Williams this af ternoon. "I have not aean ttn text of th decision, and do not' know how far th supreme court has upheld th de cision of Judg Oeorga - I will send for. th decision immediately, and as soon as I learn of Ita contents I will be able to make a statement but not before then." EVANGELISTS EDIT AN 6 EDITION OF THE STAR - . s . i;;?',' ? ... . (Joaraal gpertel aarrire. . " Seattle.. April 14. Dr. J. Wilbur Chap man, th world-renownod ; vangllat and flv Of bis associate vaagallats edited th Seattle Star today andar th caption- "Bow W Would dlt a City Newspaper."- ' In - their editorial .: aa nouacement Dr.- Chapman and his asso ciate editor heartily indorse th Con densed style, headline, and brevity of Stories, saying they wra th only kind Dtvorc and asaavorV , polio stories wer suppressed. Th big news 1 v TrurTBrthe cay H Ih -TOianotr PTmir llnalr automobile ownera of th speed ordtaanc and eallla; upon th aathort tle t arrest th most prominent mca of th, city for such violation. ' v" SECRETS OF STANDARD OIL TRUST NEVER LEAK r- ' - ' ' V'--- - Otanet aaerlat srrteat Nw Torkv.AprU It J addition- to Ita unrivaled basin system, which enable It to maiatein abanlut aworscy of all Its dealings, th Standard Oil company haa more than lo. mil of prfrat telegraph wires fa th United States. Its wires follow tts ptp Unea, and a man at any pnmplng atataaa-eaa sit at his table and gt ardara from th standard Oil headquarters h New Tor. Th masaag doe not pass through th hands of a slngl. Weston Unto r Postal operator. Everv . hand that touch H Is a Standard Oil hand, very ky which click I off a Standard Oil key, every wir which carries It la a Standard Oil "Wlr. That la whyi thsr ar so few leaks f things onumisg PORTLAND OrCOn. MONDAY EVENING. APRIL 1 3 ..1 : axjar-o-. f. 'UrutedT utes , Anir Tnmgport Sheridan, at CkcenwichDock. ( HAKE TWO STATES : OF . PENHSYLVAWIA If -,,' ' ' Y-?.; Mountain Range Would Ba Diyid ' fner Una N tw Division 't&'-O. . w. ," v ; , lt Be CaJfad Alleghany. W i ' ' i ; ; 4 . ;' f WOULD CONTAIN ALL-BIG-; STEEL PLANTS' OF WORLD f New State Would Rank Seventh ; on Uat With Popdlation of " OverTwb'Milliona, v i,;:,--- .. , v r'il: '(Joaraal Iparlal narvwe.) ' i-.-''.J Pittaburg, April Jt-An Sort to sep arate Fcnnsylvanl Into two parts, th western half 'to go by Atself - and ' b known as th state of Anagheny, Is oa foot Thsr ar thos west of thAlIe) gheay moaatelas who feel, all ' la ' not wall for , them In the eastern part . of th state, and th proposition now mad Is that it ountia on thla sld x th f luoaataJna be Stpasatsd fm th rest of th state ahi go alon. Today thi Pittsburg leader, very close to weatera Psnnsylvania political lea ilen. com oat la a ooluma artjei calling for a division of th state. At tention; la called to th prophatle words of Abraham Lincoln, who one referred to thla section aa th state of Allegheny, meaning at that time, perhaps,- Alle gheny county, in wMch Pittsburg and Allegheny ar situated aa well aa th greatest l-plaat -of -th world. Gracuabarg. Pennsylvania. Is suggested as th sit for th capital. Th state f Allegheny' weald hava a populaUem of tl.eo, according to th eansua Of 16. With th rat ef tacres of th mat' X years mafntalnad. It would tat th sBsas of .lli take sev enth plae la th union. . (JearwH nesiaf Serrle. . " Madrid. April 14 Bull fight ..war held vr aU Spata yesterday for1 the first time sine the- law prohlbttrng Sun day exhibition waa promulgated. Ow ing to a popular opposition th govra- aeat suSpeiKted th laav? 1 if t a , V i-1 4 4! i "" ' f.K ,,,; ' ' ?.'". ;. ifc. i t.,ifi i ifmi mo Ic a immi n dKH.ti STOXMS IW EAST ! fPROSTRATLlllifS Brrzzardsi Grip t Rocky , Mountain Statea While Galea, Sweep r Through ; CaTrfomia. j h r :Vi'iSi . HEAVY PROPERTY LOSSr BY CYCLONE IN TEXAS Meanwhile Oregon Is Basking in - i Sunshine Without a Cloud ! ' i'i:the.Sky.v(v..;,'i a .. - ' ;' ' '''' .": f V;,r : :Whfl Portland hag been simmering In th summer' sua for the- last it hours, adjolalns; states have not baea troubled by.eaees f'.heat: " ::; l,'-'1' ' Sever storms 'swC aorthera ' Cali fornia last alght and telegraph!? oom mtinicatloa with, Sad rranclsco was eat off -antll a lata hour, this ' afternoon. Utah and western Colorado wer visited by high, winds and cold, driving, rains, ah leu hld ap traffic and tatewapted th telegraph ie sarvtca. Th Western Union had no wires to th seat by th direct - root aatit this afternoon, and th Utah lias were la especially bad conditio). , , The -storm -seamed -to a centered in. Utah . and . Colorado, aa no troubla was reported east of th Roekte or ' south ef th Salt , Lake regiesv'' - ,' '" . I ' Una. Porttaarf had ' an- andlaturbed Eaater day, and tha tmperatnr yaster day. Whila.net. of tha rcord-braking art' madw th Saatej bormat bloaaom Uk th- lilr and drov th etty people by th thousand to shady nooks aad emd drink aatabUahaMate. - Tha ther mometer yesterday stood at 94 dear, and.th temperatar 1 practloally th bum today. Oa April 1J last year It waa 17 degrees, aad so far tha aioaUi baa not bean nearly so hot am It was at that tlm. Warm day ar xprlaed la aeariy rry Aprtt -t-5 ;t--- cvt err. ,;- (Jmrsat laaHsl gerrlr.) . San' rranelaao, - April 14. A heavy jContlau a lavg Tw4, 1 84. lgCJTVELVE PAGES. ) f : I Photograpb by jtiscr Bros. TRIAL OP YOUNG t i Superior Court Begins - Hearing . . Testimony InTom Brown il- L: -.Murderjcaae. . f t.'.- iaLLED HIS FATHER JUST, BEFORE CHRISTMAS Youth Stilt Retain' Air of Won- der and Amazernent at th " ! 'Commotion t Created,' ' - . laserial Dstoh a Tad JsaraaL) , v Chahalia, Waalu, April It Befor th superior court today began th trial of Tom Brown, th lT-yar-old parrkdda, on tha cJiarge of " murder. "Tba.lad 1 changed In demeanor s th result of months . of - taaprisoament although t a retains th ajr of. wonder andamaae ment that his act should eaus so much commotion.' -- i- -.,- t 1 -Today will b? . deyea Jo inrpaneltri g aT'jury. Thar are mora than - wR neases to be-examined, and said from th sensational feature of . th crtra th trtal i xneeted to be on of th moat - Interesting ever- heard ta thla county. County Attorney Buxton wtll be assisted in th pro cotton by .As sistant Attorney-Ocneral Palknerv Tha' deTcns represented sy at. ju Lariahorna, antll roantly sinaei-uflug atthrnay, aad Attoraay John M. Ponder. legally "It win a on or th fhtreeat struggias aver held befora bar la this state.. ..--; - ' '-" ' It was December il that tha boy shot and kilted his father. Thorn Browat a short dhrtanoa from hia bom . sear Eagtearm. , Th crlma was don deUbar ately, for th lav seen rod a rtfla and lay ta wait for th man. After tba crime had baea committed th boy aay isudid - himself and told th Jailer ant morning that ha be 11 red h would go nomv for hW mother naaild klm in mflk tha sows aadT attend ti th farm. U haa avr understood why hi r qnaat waa denied. . Th elder Browa borrowed his son's - . ICoatteuMS oa Pagairai -J PARBlCjPEBEClNS Transport; Sheridan Ar rives This Kerning With Fourteenth Jnfantry RECEIVED WITH CHEERS AS SHIP GL1DEST0 DOCK Officers and Mn In Good Spirits, Fw Ars Sick and AM Are , i? Glad ; to . Ba ; Back ti Thalr Old Quarttra, ; - i . fltralB of must from th rgimatal band oa th forward deck, loud whistles from factories and mllla, ihiill tooting of tugs and rWer craft mingled with cheer from J very small crowd that had. gathered on the dock a tba American transport Bberidaa steamed alowlv an the river and gilded along side the Oreenwlch pier at r: o'clock this morning. ' Colors were flying from to mast funnels and ventilators wer decorated la rd, whit aad blue, whll th daoks aad railings wars crowded with happy, mlllng faces that eagerly scanned thos oa th dock for f Hands or rel atlves. Aa Ota huge steamer . bumped against the dock a lln waa thrown and fastened to th pier, and th Fourteenth Infantry was at horn la Portland, after mora than ; tw years' service la tba Philippine. '..-..! ..'". ; : - -. Th Sheridan aarrled SI offtoar. Ka Jor Joha at-Parka commanding, and 40 anlisted men, tha remnant of th Four teenth Infantry that left Vanoouvar bar racks, for-th Island la Maroh, 10J. Captain A. P. Berry, quartermaster, was la charge . of th vessel. - Many ol th troops hav ba. tranaf erred te other regiments. - Iurlng tha two yaara sr vie tbr war flv deaths, two from accidental drowning. .. t - -In addition to . th afBoara and, pri vates, th Shartdaa carried a number of other - pasaangarsv ' Thsr wer , 46 stearag aad 13 cabin passengers. At 11 o'clock tho troops wsr' tranaf rrd to th steamer T shorn and Mascot ef l4h.8. V.MM.1' , Tr.fi.pnri.11 , ept- paay's fleet and tax en to Vancouver, wharo they dlsmbark4 and proceeded to th barracks. ' . . . - v. a ansa Th Shatidaa lft Manila March 11 pat la at Nagasaki aad Honolulu, and arrived at th mouth of th Columbia yesterday morning. Th troop hav been aboard th v easel sine March 1. Ther Is no sic knees la th regiment if men wer confined to the hospital because of trivial ailment a ' Th pass age waa longer thaa waa expected be cause of high wind aad ths stop at Nagasaki, Whr tha vessel ooalad. Tbr war no incident of cons oaeno oa the trip." said Major Joha Park. .Thar was rough weather at " tlm. W atop pad at Nagasaki, making th voyag somewhat mora ex tended thaa waa expected. Th oinoere and mea are la excel lent health and spirits and of eours w cannot explain how delighted w ar to b back la America, and especially la Vancouver. Our order are ta report ther. and I' think w ar to b sta tioned there. 1 know nothing ef th plana for th regiment future. .' Ther ar 499 amieted mea with th regiment now. Whoa w left ther was a, complement of mea, but many have been transferred to other regiments." f Em ring Its servtc ta th Philippine th Fourteenth waa stationed at Calba yog, la Samar. It la th district through which General "Roaring Jake" .Smith mad history, aad it la also U part of th Island In 1 which tha ."water cure" waa Introduced. Many of th of flcera aad man of th Fourteenth heard the dattoea recount - their experience with th "water sur treatment : ; ' P Furtated a OVJsa asaasa. ' i 1 The work of that regiment consisted chiefly" of eonstruetlng barracks, aad posts, and serving th swvernmenrs pur pose ta providing aa object lesson ta rebel! too Filipinos. Around eraij'pcat kM'jrruwn war built wtrr fence to ' pose 1 Die sxtaca ay noani tribe. Bottle war broken and scat tered along th feaea t pravM addi tional obstacle te aa attack by bare footed nattvea. . ' Tha regiment participated lo te av gagamenta la its two years' sulu; Indeed Vther waa 'o eutbreak ef aay at tha province wher K waa located Calbayog ia located a dr tourney from MaaOa. ' - -It ta ovwoaay us -purpose ax um in tha PhOlvataea - te throw -a a tnto taa aarrn , saaa aa om "Thar 1. nan a great deaf, at trouble aad ttav to h wateaed cloaaly. -I talked with a aambar of amtrv waa wera treated to th -water cur.' Th padre ef tha vfllasw told as how r fait aad sew a tiort tama v nattv wvoMI refasa tw taflg if sut, f ta that prrjijass -Of course. It la against an rr r : regTilaSloas for th mbjl " C-'- t ant ther aotnatlmea. 1 -ra a. i t to hav died from Ita xna 1 l.-n i a-Brtok that Cs t , XCaatlaaaJ o I Battle Between Gates end! Armoiir ; Sends All WheatJci TWO HUNDRED MlULldriS" . "SHRINKAGE IM ST0CK3 Slump In Wall 8treet Continuea and the Northern Securities Shows a . Great Loss- Lawson Leada Raid. : trasa-n - Hay- Option. Clilcago . "New York M hi. urraiM 4 , Kansas City Io Milwaukee . . Mlnneapolla w Duluth , . ... San Francisco a roruanae mm 4o Cash, (Spaelal Damateh t Ta JoaraatV Chicago, April I4-It waa battle of tha giant today on tha floor- of tha wheat pit The May option at the-clos of tha day ahewed a loaa of 1 cents, while ether options , aloaed : somewhat lower, i- -. -"r. . . -.-Oadea Aiawiai. tha provision hng led th assaalt on Jthe market . Kagerly waiting for the sound of th bell, which announced the' opening of th battle, both skins were apparently at their eas. Overnight the plan for to day's skirmish hsd been .carefully gone' over aad tho with any traoe af weak ness wera abandoned. Both aide , were in for going and both received their rewards. Armour, it Is traev drew- th flrst blood, by on saber blow cutting th prlos of May wheat . dowa 4 , cents a bashel . ta M cents. ,. - . . - .-'..' , This rather staggered th Galea crowd, but revenge waa now th watch-. word, and Armour's great hoHlngs la tha July option wer a lashed to the tuna Of cent on each bushel. -; Thu I odajr-sbatfJA of ihalglgfltg 0 wheat flnaoc began. This Is the way it oontlnued. .. After th price of Hay had been cut so cruelty ta It cents by Armour, ther waa a.rajly around the banner ef Gates, aad his soldiers by easy stage carried th arte back ta M cent a . Hare Gate mad hia stand. - - Hia battle-flag waa hoisted to th brees and openly defied th warrior of th meat king te attempt le pulllt down.' A skirmish r two of -small Import took place within th next few minutes, but price held their own With May at cents. Another assault was mad by th Ar mour force, but thla time It proved , saoessful, th bulls ta May batnej swept off ta floor of th pit May closed at 14 cents, a net loe from th prevloaal day of IH cents. ..- - . A ta May option, th fight was ear rled on lata th July and September. There was a reversal of leader bare Armour being th bull, whll Gate waa trying to bear the arloe down, Ourtnit th session th Jaly lost 9 cents and Jh September i centa - All waa aa aproar la th oaah wheat market' Wo. t red losing- 7 cents ay bnsbel, while No. f red waa dowa centa. No. spring loot a centa from tho aloaing ( th previous session. "Xn Portland th wheat market I very dull, aad-tprire wer cut practically 4 cent a boahel under those which rureo? th prcvioaa wk . - i -, j LOSS IS ENORMOUS. ta aTaoaka f atara Thasl fXTOss rot OoaatJaa; Today. . .! ' 'waraAT omn.-: ' Jearaal- Ipseial asrtsa ' 1 - -' New Terk. AprU ft Twennty-elx lead-. Ing stocks on th New7 York and Boston market show for tha past week a total shrinkage of more than tUtoM, In. value from th general slump, cwipl wtth-taw raht brOatwaon aad othir wii known bear plunge ra Included la ther . . 11 d Amalgamated Copper, with nw than S.oa,ae, Amertcsui Sngar t4.fte e. Atchison J1I.0.. Missouri Pa ctfkj It ,, Sonthera Pactfla 115.- ,, Uaton PaeUlo UUM.TO, ateal.. preferred eonvm) aeaiiy llM4,tt' Moat ef CM ether ateen la the Uat ar raUroada. Copper aharea, aatskte of Amalgamated, showed ap strong. If that Meat shrinks of th leading Indus trials sad Bora big mining properttes wera tacladed. the shrinkage wonld rata well ap to fl. , for th last Ore ' ay of 01 at : Today Northern gesarttlea loaf fl n share- wtH New Tern Caatrsi Ir ttlli people's Gas kwt a" w rteadins lost Mi aotnta or Itlt 1 tlatao Pacta dropped lt.lt ef f day a rM' Teaneas Cr I I. ' Itl J 4wn, si rr ths ra laca 1 t.r-: -:; tTi. (. -7 , ..-'.ae,-.xi