The Oregon daily journal., August 06, 1905, Image 10

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IS NOT MORE BEAUTIFUL OR PICTURESQUE THAN ON THE ROAD TO
L. .-W-
1 --.-- V ( ) )
Five Ccrj tD.Qi t.
Cents to ts Grcrilj:
navcam3VilhUsT(K
v 7? Day Alonjj the
Baifcsof the Willamette
o
',7
if
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1 v - 7 . 7: 7 .: ;:-. waY a Y 777 " f:v V-
tin
AND YOU NEED NOT GO HOME
in
ONE IN THE MORNING
i77",77at ' Ll7-; i-'L:ll--:.-i:irAi!'''ixLi-tf"ji's-
x J apancsc ica nousc wiin -lis , diciq
Dave So G&r ?
; More amusements than all the coast
provides ASomething that big and ? little
must enjoy. .;-7. : ; .lz.l
fjto avrnMtbdeUght
the'mrieiiiian.''A
of : Asiatic imagery.
A band of artists led by D'Urbano,
himself a great artist , : "
A PcFlcct Resort- A?RtteJ-&R
PerMy Conflucied j dicb EvcrySno
7 Baths and swimming pools unexcelled.
..
77-::V;i:Tlwnc
7
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5; a v I Pains Stupendous, Thrilling Spectacle
AA7:?;-:li UVilLilll JJUvgS;5AiAA:7
i' , j
54creslheiy!4 !1C3 Artists !
Dancing pavilion with a floor ofglass.
AMD GORGEOUS $2,000 NIGHTLY DISPLAY OF PAIN'S MANHATTAN BEACH FIREWORKS
: r-.i,.;'i" ;
'7
l;0URTSAYS10P00LSELLIJGATTRACK
RACES ARE SUSPEHDED FOR A WEEK a
j ,W-A. . ,. , Ai7 7
j Jud2 Fraxer Grants Injunction
: and Multnomah Fair Associa
tion Will Fight.
' COOK.MAKJNG DECLARED
7 TO BE PUBLIC NUISANCE
Racetrack Attorney Say Fight Is Be
tween Gamblers for Gaming Prir
ileges and Will Try to Have Tem
porary Restraining Order Dissolved
j The tempo rry Injunction prohibiting
fna elllnf of pool at the Irvinton
; racetrmek. granted oa petition of Elisa
beth Ryan and the Irrinaton Real Em
,ate companjr yesterday by Preeldlns
, Circuit Judge Fraaer. will be fought bit-
terly tt the attornera for the Multno
- tnah Fair aaaoclatlon. Shortly after It
"was granted yesterday they filed a mo
tion to dlsaoWe: It and Judge Traser
net the hearing for 10 o'clock tomorrow
morning, when a determined effort will
be made to have It set aside. ' '
The motion was made on the grounds
that since the lease for the Irvlngton
track had been granted the defendants,
"V.oolselllng had always been conducted
with the knowledge and consent of the
plaintiffs, and no objection had been
made by them until juat prior to the
present race meet. W. I Dickson or
iginally held the lease, which contained
& . provision that It . would not be as-
. i i . 4
LAKES
09
AMERICA r
wo Ways past ;by Water
Northern eteamshlp Co. .will
-ate steimahlp "North Weaf be
Duluth and Buffalo and ateam-
"North Land." between Chlcaga
Iiuffalo. calling at intermediate
-of Interest - Return rail
'good for this water route on
! additions! payments ... a-
7oPAir obTmiebicau pla.
ri IiwIiMm all expraMS ea
' en tlrket.
"XxHk liiwr' Umn rhtmtt ifrir
"li rt" Imm Ihilulk Ton1rt
' . Tuil pwttretore Bl7 at- wrlla te
h rxcuox. e r. v t. a.
1 Talre .. rortUed, Oragaa.
signed by hire without the consent of
the pUlntlffs. At the time Dickson
mad the assignment to the Multnqmah
Fair association, the owner of the
track consented, to It with the (under
standing that pool ,: should be sold,
books made and betting allowed la the
poolrooms at the track at all race meets.
With that understanding all the .rents
prior to the -present-race meet had been
paid and aceepted by the plaintiffs. ,
' Kaaw Poolseniag Was Veoeesary.
The association also alleges that the
plaintiffs waived any covenant or con
dition. If any, against pooleelling and
bookmaklng; also that the plaintiffs
knew that It waa necessary, before each
meet, for the defendant to fix dates for
races, - and give notice tS horsemen of
the purses offered, all of which caused
great expense and labor on the part of
the fair association. Such proceedings
had been common before each race meet
with the full knowledge and consent of
the track owners.. , ;
. It .. Is alleged - that - juat - before - the
present mre meet a controversy arose
between the plaintiffs and defendants
aa to how the pools should be sold and
the books made, which had resulted In
taking the adjustment of the matter
before the courts. j'
. Affidavits of A. R. Diamond, president
of the Multnomah Fair association and
Sanford Hirsch. regarding the agree.
ment entered Into . between Dickson
and the defendants together with the or
iginal agreement, were filed with the pe
tition. , The affidavits state thst W. 8.
Dickson on August 24, 1(03, assigned the
lease to the association, and continues:
Dleksoa Allowed to Ml Fools.
"Xha.Jrovlsiona of the said lease re
quired the consent. or the piainurzs in
rJtlncj3atLalgnnent thereof; that
one of the terms and conditions" aTld oti
of the considerations! for the assignment
was the eonsent of the plaintiffs there
to, which was given In writing at said
time; so that said W. S. Dickson should
have the right to sell pools and make
books : on said, racetrack during the
terra of the leas and that plaintiffs
refused to give their consent in writing
or otherwise except upon the agreement
of the defendants that aaid W. 0. Dick
son should have the booking privileges
to be exercised at the Irvlngton track,
togrther with the usual rights and priv
ileges Incidental thereto, during the un
expired term . of said lease; and, Jipon
condition that said W. 8. Dickson was
to furnish alt the capital required to
manage the booking privilege and pay
all the expenses . and , divide all the
profits after the meeting with the Mult
nomah Fair association. , .
'."Th Multnomah Fair ' association
before - the - alignment was executed
and In accordance with the said
agreement and conditions, executed
a . Writing signed by-A.- R. - Diamond.
preaWent. lnd IL L. Adams, secretary,
of the- Multnomah . 1'air association to
Wr R - Dkfcwm,. gttltn tft-Mm the said
privilege." , ; .. t j
right for OamhUaf Frivtlege.
The affidavit further stated that th
action of the plaintiffs was not to pre
vent poolselllng' at the race but 1
aid a controversy between th Multno
mah Fair aaaoclatlon and the plaintiff!
a to th right of W. a Dickson under
aid agreement to the exclusive right to
control th poolroom: r . '
It is said ' that aU th trouble ' be
tween th owners of -th racetrack and
th lessee ha a arisen over th fact
thst they disputed the right to Dickson
to th exclusive privilege of conducting
th gambling and that much will be
made of this when th matter la aired
In court tomorrow morning. ' It may
be on thl point that th defendants will
win their case for Jadg Fraser de
clared yesterday that If evidence had
been Introduced convincing hlra that
th suit-waa merely a quarrel between
gambler be would have thrown it out
ymd .Intimated that such would - be the
procedure at the trial proper, providing
that proof waa furnished that the action
waa Uu t motive of spit and re
venge. In deciding th case yesterday
Judge Fraser said: i, ' i
' Jadge OpIalOB. ' .-; "
Ordinarily equity courts 'do ; not in
terfere to restrain acts which constitute
crimes u nines for. other -reasons than
that they are crimes.. I would hav It
understood,, too; that th court 1 not
sitting to pass upon a question of mor
ala. The court is not considering - th
question -. of whether ' poolselllng Is
good or bad or whether it ahould be al
lowed in connection with a. racetrack.
Th only question whloi th court nr.
authority to consider ts th lolatlon 'f
allegwl violation' of .the term' of. th
lea." , :
. .rAnother contention of th .defendant
association," continued - th court, "1
that If th terma of the lea a hav bA
violated the plaintiff ahould hav no re
lief by Injunction, ' but should Insti
tute suit' to hav th lease set asld
and tak possession of th premises. . i
do not see th fore of that argument
and th authorities - certainly do - pot
support jt. ', 7'
"A racetrack is -used for'', only 'on
thing, and they are . not numerou In
any on part of th country. - If th
plaintiff ahould hav th lea set aaid
all that he would gain would be te have
hi property lie idle and lose a large
amount of money.. In SOhlo, II. 1
given a case where the terms of leas
were Violated by th sal of liquor on
th premises In an unlawful manner,
and it was held that 'a court of equity
no distinction, between this cas and
others, on th on hand,, and th cas at
bar." ,- ;
, . , Sal of Pools Is OambUmg. . " -
Th court tated that th fact of the
complaint had not been denied by the
defendant association through Ita coun
sel, and that no affidavits had been
filed. The. matter, therefore, rested
solely on the demurrer to th caus of
action.' He accordingly expressed th
opinion that th fact of the complaint
must be taken by the court aa true.
. "The plaintiff alleges that gambling
In ,th .form" of poolselllng is being car
ried on at the Irvlngton track,", snjd
the court. TH aupram court has de
cided that the sale of pools 1 gambling
within th meaning of section 191 of
th code.
"It 1 contended .that th decision
of the supreme court , in the case -of
Neas does .not apply here becaus In
that cas th selling of pool took place
In the heart ofj the cttyon a - public
thoroughfare, with no race In th Im
mediate vicinity; that th case at bar
is different in two respects, namely:
First, th poolselllng Is a mere Inci
dent -to-the aetual ncea. and. -secondly,
the gambling Is "conducted not In the
heart of the city, but at a distance and
in an Incloaur where people must go
If they desire to ..witness th perform
ance . of the horses, and accordingly
does not tend (to anything which con
stitute a nuisance. m
"A I understand it, no such distinc
tion seems to hav been mad by th
upreme court 'In the cas of th tat
against Nease. Thl decision hold that
under th old common taw the conduct
of -a public gaming, house- constituted,
a puoiio nuisance, ana uiia waa neia 10
be true before gambling waa aver made
a crime under-th law. There Is. noth
ing .In th decision to Justify th court
In making a distinction between such a
house conducted in the heart of .th city
In a building located on. a wall-traveled
thoroughfor and ones located' in .the
wood miles away, if the latter was. a
place of public . resort. ' Th supreme
court, of th stat of -New. . Tork : ha a
practically held .that the conducting of
a disorderly or a gambling house, no
matter wher located, tenda to disturb
the public peace because of practices
which cause Injury to 'families and dis
turb the foundation of public virtu.
"Gambling, wherever It la permitted,
aeem to be looked on generally a tend
ing. to encourage Idleness and dissolute
habits and to b injurious to the welfare
of -others than- those who -actually - take
part In gambling, or., loiter around the
place where it 1 carried on.". .
. Breach of th. Xw rnalttd.'.A
'Judge Frsser added that it might "be
contended that a preliminary injunc
tion should not' isau until final deter
mination of th question, ao long a
th status, quo waa not disturbed. He
admitted the- force t-of- thl. but held
that th statu ,qu6 .-should property b
oonaldrd a existing, only -when 'the
term of the lease were being fulfilled.
It could not be considered aa ,blng
maintained wher a breach of .the law
waa permitted,-and that; h xplalnd,
waa the reason, why he had made men
tion of the -moral aspects of ths esse.
. immediately. . after , Judge .Fraser
granted the temporary Injunction, the
fair association called off the racea for
th day., and stated that the meet would
be suspended for one; week, or until the
legal atatu ef th poolaellera was -definitely
determined.. . .. ' : , - , f - .1
Says it la Blow te Breeder, .
"Th Object of thl legal action on the
part of Captain Bpcncer for 1i' Ir-th
prim mover, Mrs. Ryan being only a
figurehead,", said A. K. Diamond,' presi
dent of the Multnomah Fair assoclstlon,
"is to give the exclusive poolselllng priv
ilege to W. S. Dickson, a saloon-keeper
of Vancouver,. British Columbia, who Is
Spencer's . mother-lh-law.' ' Falling ' In
this. h Intention is to stop racing.
, ''No rsclng association can' operated
-without betting, and the atate of. Ore
gon j-ecognlses this by permitting pool
selling on IsndT'at flalero owned, by the
tat and supported by state appropria
tions. This land., on which the stat
fair Is held, cannot be used again for
racing If the decision of Judge Fraser
stands aa the law. There will t no more
racing In Oregon, and thl I a hard
blow to breedera. '
- "Ill the court decide agalnat Ua on
the final issue we will go to th supreme
court. If that tribunal decide against
us we will be content . to let matter
rt. .' ' '
"It will not tak long for th people
to fnd out that they, are being made
to auffer on accouitt of th deslr ef
Captain Spencer to force his mother-in-law's
nephew Into a place where he can
make the profits which should go tojrard
settling debts of the association and
? lacing th "sport of klngs'-on a proper
ootlng in Oregon." ' '- - -' ' ..
- v j . : . :..
itwnen. .:7yr""-,':
From, th- Chicago -Nw.t
Oray Terrible storm we had lsst
evening, wasn't It? Thundered , loud
nough to wske the dead. . -.
Smith SoT I didn't hear it. .
t Oray Didn't hear ' It! A Why, man,
where were youf . ....
Smith At home. An old schoolmate
of my, wife that she .hadn't seen, for
years spent th evening at our bou.
1 " ' ' ' . I !, V' . f '
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PASSEKGERAAGEHTS WILL
A work ai:d play -
A:-'' A A 7" , .', " 'I'-'-A. -., :
Program ' of "Annual ' Convsntion
A : to Bs Held "Hera "Shows'
; Attfactivi Numbers.
-- program .wr lued today for th
seaatona and -Itinerary for the special
train . of the .American ; Aaaoclatlon of
Traveling Paaaenger -Agents' tad annual
convention In Portland In i September.
Several ' hundred .- traveling . paaaenger
gents from every -part -of th United
States, . together with, their wive., will
be" her.'' " V : " ' "
oTh. train-carry ins), th eastern contin
gent will lesve Chicago September S for
8t Paul. - From that point 1t will come
over tb Grtet Northern to Butte. The
Northern Pacific-will bring it to Spo
kane, and from .that point th O. R. A
N. to The Dalles, and the Columbia river
by boat to Portland,, will be the official
rout. Thy will arrive hare September
13. -.Their; Portland' visit will occup
four' days. r --.?.. . '"- '
The convention will open In th Audi
torium at th expoeltion ground Thurs
day. jiA... L.-. Ctelg.. general, passenger
agent of the O. R. A N-, wilt glv an
address-on "Following Our . Suggestion
of the Creation of a Tourist Department
How Can It Be .Made Operative With
Beat ' Results r Vrlday" ,wlll . be , free
from any aet program.. Receptions will
be held at the .Oregon,. Washington. and
California, stat building, and in th
evening' a grand bal) at the Amarlcaa
Inn.' :.. '' ; . .,' . - . - -v'.-i . .-..'.'.
' Saturday morning' 'the agents and
thrtr wives' will be given 'trolley ride
in and about Portland, in th aftrnoon
Ibey.wUl see the exposition, and flro
works wnT be'serbff -tn the evenlng in
their honor. . Sunday thy will put In
th entire day at 'Seaside, where a clam
bake will be given In the afternoon, and
at 9 o'clock that evening they will leave
on the' return trtp'V ,
NOTED EVANGELIST;.-77 -7
7 7 77 :VISITS P0RTUi.D
-v-EnTtmtsTtirTiVliiOnario JoihrDf.Svil
bur Chapman and other vngllat In a
"Bible conference,"- Dr.. Clarence B.
Stroue,"one of the great evangelists of
the country, la In Portland over Burida
He ha accepted an 'invitation from Dr.
Edgar P. Hill to apeak this evening at
the First Presbyterian church, corner
ef Twelfth and Alder street. H 1 ac
companied by . hi wife, r and' they ar
(topping at th .Portland hotel. - '
Dr. Strouse -is one of the notabl char
acter in modern evangellehi. -it 1 said,
not altogether . because of ' his high
ability as a revivalists but bv the fact
thst he Was -fermerly a society leader
and leading horseman In the stat of
Virginia, where h was converted and
entered the work.'. He' has addressed, at
Ocean Orove. New Jersey, meetinge num
bering 11.000 people. .He Is' president of
the National Bible - Conference -association,
' director- of .the.. Virginia Annual
Bible' conference,' and similar organisa
tions In 'Georgia and Florida, and editor
of Consecrated Llfe.publlshed st Phila-
delphla. He wis h. leader of th T. M.J,
c A. auditorlum.Tmeetlng. at in. St.
Ixul exposition, i He Is. souther
Methodist .and. regarded as one of th
moat' eloquent preacher that vr cam
out of .th. ou.tb.. ; , . u ..
After filing, several brn. -a Rlddl
man has tons of balad hay beside.
-..'A -;';,"'; ,.-7'';. v :- A'
,-V-..--'."; ;: 'i'-'A," A'7;''' ' ""v '
... -. tt
DEHEATII OAKS
Fraternal . Day at : River Resort
Calls Crowds to Scene of Ath
7 ' 1 letie Contests. ' A A
YEARS WEIGH LIGHTLY A
v 7 ON ADULT SHOULDERS
Old Become Young and Race With
' Eggs and Leap Ropes Like School
.' Girls Seep,' Off the ' Grass Signs
Forgotten.1 . ' A
: On th bank of th Willamette yes
terday at th Oak a.SOO Woodman of
th World assembled to eclebrat tb
pomfng of . tb chopper " lntetb ity
of Portland. -
By-npen th red, whit. and green of
the order end the ed, whlu .andvtyack
of th orority were to . be n la all
part a of th ground.'
In having a good time they forgot th
format rule of gala ' events, and men
and women forgot that they were men
and women." 'They were boy and. girl
gain for a' time,-and "above the glanl
oaka: there floated peals of laughter
from -boy -grown Till. - ; . , ' i. - - ,
During - th. afternoon a .program of
parting vent was 'arranged. It eon
slsted of running events, of egg race,
of women's , races and novel and inter
esting features.-;.
For the llrst time In the history of th
reaort th lawn that. !' reserved for
beauty and landacap effect waa turned
ever to the entertainment of the visitor.
Children romped, upon the. grsas. mert
lounged , In the -hd arid women .en
joyed: the breexes that only a big .oalt
tree .invitee. ,
"At t o'clock yesterdsy afternoon they
gathered In a quadrangle on the lawn.
There wer hundred In th crowd, and
oow-the uoi)tetant-appeard.'JWhll
they waited for the event to - begin
CUrbano's . Royal Italian band played
and Jhe crowds listened in perfect'oon
tent . '' -. - --' .
. Thtflrst event was a aerie of drill
by th Circle guards of Salem and Port
land. A- eash prise ef 110 waa offered
to the winner and a' second prli was
also offered. Previous to the appear
ance -of th ' contestsnts, .. judges had
been selected a follow: Captaia
Thompson, Tacoma; Elmer Conner, head
escort Woodmen-"oTTthe World, Seattle,
and Lynn Ferguson of NeWberg. John
Van Zant . was stsrtr,f events and
H. I Day acted a annoucr of event.
The event was won by Mount Hood
circle of Portland.' - The Salem circle
won second prise. The nelldrivlng con
test.' second on th program, was won
by Mrs. Luke Edmonds of Portlsnd. Th
second prli was won by. Mrs. McGregor
of this city. V , . , ..; ,
-'The footrace for women only wa slo
won. by .Mrs.. McGregor. , The pillow
fight waa won by M. Allan of Philomath.
Prise wer given to the winner of each
vent.. . . j .'.,- .. -.-'. ' -. '.',- "
,. . The XasbwU'a Pocket. 'j
.' vFrom th Now. Tork World. .
Jerome K. Jerom. In on of hi ar
tier, work, .tell of a ,lfe who objectel
to a busband'a putting fit hand In hi
pocket aa ungentlemanly, and", was.
asked bow. that could mak a man lens
gentle. The cbmplalnt of the -wife Is,
on of long standing on the part of th
u as, i mi ills' ieini sex na naa
mor ancient' aiyl ' more obvious grlov-
nc. : I..-.V , ,.' ., .j, ,. f ,
Xha'wlf from tlm Immemorial
and English law ha held It ao from 4h.i
tlm of King Richard I has deemed it
the right to go. through the pocket of
her. sleeping lord and ..maater .and ito
abatraot ' therefrom th money h ha-l
withheld, whether for liquor, - tobacco .
or. other personal xpene. Sllenc- ha
usually' accompanied and astonlshmer..
not Infrequently followed thl aeparatlon
of th head of th family from hi small
change.- .''?:.- . . ... .-
There haa been much mor ald than
written on' thl grievance of the bene
dicts: i At last It haa- been pa seed upon
by a court. - Judge Shiver- of Kansas
City,: In granting a divorc to-a man
who asked for It, among other grounds,
hacau hi wife had a habit of -"frisking"
hi pocket after he fell aaleep, eel-!
h would grant It for other reason. VI
shsll do nothing," h said, "to Interfer
with that ancient privlleg -of th fair
sex. . A wife haa the right to do that'.'
The moral seems to be that either the
pocket. of th sleeping husband I not a .
safe bank or that a man-ought not to
make It necessgry: for a wifs tp obtain
iponey Iw 'that way. . -
. , . , f f '"" a rf ..
Again a light .prune , crop -In, Linn
county. .Orgonian r pretty, well rils-
gusted with prune. .' 1 ."
'i
..
r t!A3An AZA BCUIES-CJXCKE -
Only Neldtn Graduate on'Paelfle Coast
v-i '' I'- '" '
. ; . -',7 - ana . ; . j x
7, Shell Combs '
v... - ; -'. ,' :
In order to clear out thentlre toc v
now on hand. W carTy a mgnlflcnt ,
line of thl -class of goods uperlor to. I
anything heretofore shown here. Our.
prices from Monday . morning will be
vary much less than , at any .former
time alnce our store .waa opened.
Wa glv fre Instruction, on th cr -Af
the fsc. o that any lady may be her
own beauty doctor if -she so desires.
Being the only Nelden graduate -on the
Pacific coast, all work done here I ,
.rniH to he Derfect or money cheer
fully refunded. Pock mark, "-wrinkles,--
birthmarks ana air mmr mtimmw m
the faoe removed without pain or itUnt..
tlon from dally duties. .- , v .
Bend fqr Illustrated .catalogu. .
W Xav Xaadrd f Pertlaad &ecr
.' ' . eneee. ; ,,' .; ' .
ma:aS m csLKEs-riibECKE
.". .. t atrrtaes,' smv Turk Stnet. " f "'
. "' .'. w ese Its Ui. , , ,
s:aia-..'A
V I