The Oregon daily journal. (Portland, Or.) 1902-1972, February 06, 1908, Page 2, Image 2

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    1
THE i OREGON DAILY ' JOURNAL PORTLAND. THURSDAY EVENINO, , FEBRUARY 0, 1003.
JUDGE WEBSTER PUTS
4 .U". . '".'i . , ,5.,;,. i . i . , ; , , , ,
HALL'S CAUSE TO
J; i
JURY
:
In1 Argument for Defense Contends No Fence Cases Erer
Came UjJ in State Until Jesse D. Carr litl- V
gation Came Up,r V
f- Judge I R. Webster put the cause
. tt John H. Hall before the Jury In ths
United States court today In a mastvr
ful manner, holding at that the defend-
i . Mt was 'not guilty undi-r the lnw or the
wyldenos of having entered into a con
aplracy to fence land. Ho contended
that never until Hall had begun the
prosecution of Jeae 1). Carr for the
maintenance of an llleR.il fence had
there been a fence cao In tho mate and
that never had thern been one since Hall
went out of office.
" The point before the Jury. Webster
Wintendxt. wu t lie one uuesilon whether
'.Hall had entered into n agreement or
.conspiracy with Bteiwer and others te
maintain an Illegal fence. In order to
wet at the truth of the charge It was
'necessary to look at the facia aa mey
Taxi existed at the time of the corro-
i , apondence. Judging iiaus motive imj-j
v -intent and deciding bia guilt or Jnno
f -oence by what be bad meant to-do In
dealing with the Bteiwer fenoe. It was
. ' ot a queatlon Of the enforcement of
lew. or of the entantlementa of
: -pontics, but of tho conspiracy of Hail
with Btalwar and hia aeaociaiee,
Beglaa Argument.
! ! In beginning bia 'argument . Judge
' Walatr thajiked the lurr In b
. . the defense for the cloee attention It
Jhad given throughout the long and tire
. some trial. : Ha then turned to tho re
sponsibility or the jury ana aaia inai
in a manner It would be" when the caee
, iiad finally been given-into Ita keeping
' the representatives of the whole Ameri
can people ana-me, jusucsoi me nm
" . . .tjoa cfyatallfed to 'pui ientence on
a question oc great Importance. The
speaker then referred to the law and
Mm internretatlon aaylnc that tho
law toftentlmeo meant one thing in the
.mouth- of one man and another rrom
someone else but that really It waa aa
- ; clear in its meaning aa tne sunsntae ana
mm simple aa tho aong of a bird.
.'r- ."Now what ia thla caae before usT
Judae Webster asked aa ho veered to
the discusaloo of the caae at bar. "In
it Mr. Hall ia charged with conspiracy,
le must b tried on thla charge alone.
That la tho law of the caae and that
Js tho- common justice. What la a con
' piracy T It la "an agreement made be-.twee-Ktwo
or more people to do an un
' lawful i thing. To form a conspiracy
there must be a conspiracy. Tho minds
iv-f tho conspirators' must meet
- "The -question hero la 'did Ha! enter
-Into-this conaplracyT It la not what
-other laws have been broken; not what,
-laws ho did Jiot enforce: not the propo-
' onion that Jaws sQouid be enforced; not
that' district attorneys should be re
moved; not that the opinion is abroad
-among tho people that the laws aro for
the rich and not for tho poor: It
tho almple question 'did John H. Hall
. enter Into a conspiracy with these other
-aeienoania to teep up too Bteiwer
.-fencer "
"I agree with the district attorney
-when he aaya that the laws should be
enforced, for upon that rests tbo ata
toillty of 'tho government. I do not
agree with my learned brother, the dls
trlct attorney, that our country la cor
rupt and rotten to tho core or that our
etate la decadent In Ita manhood or In
is regard ror iaw. . !
v ; ? Country Vot "Boning."
. i '! ahf hot one of those who are wtllln
to believe that we are a rotting and
decaying republic. I am one who be
llevea that thla country ia made up of
honest men. Since time- began there'
Jhave been lapaea and lapses and there
always win be aa long aa human nature
remains what It la. but I believe tha
the country la as well governed as It
ever nas neen and that it la not a decay
Ing republic. But I wli! tell you what
- Will make It decadent, When tho Juries
of .the country allow - themselves to be
jea rrom the case by popular waves of
xne interpretation or tne jaw and fall
to base their verdicts on the evidence
- ror the caaea before them, then justice
will fall and the country will become
cna or , decaying power and corrupt
. . iractlce."
Judge Webster discussed the theory of
xne iaw 01 veraiGia ana commented on
the meaning of a reasonable doubt. He
argued that a man on trial waa to be
tried for tho charge set out in the In-
; idlctment and upon evidence relating to
"that charge, not upon happenings and
constructions put upon other happenings
. -In n way related to the charge upon
wnren ne was standing ror trial, lie re
- Iterated that the charge against Hall
-was having conspired to prevent free
transit across government lands and to
-prevent settlement on tne lands snd
oalddhat he desired to make plain what
tho charge was because the verdict In
tho case would have to be limited to tha
vnmnpt in me indictment.
- Judge Webster discussed tho land
fencing statute and contended that It
was provided in the law that the district
.-attorney ahomd begin suit-when an uf
fidavlt of complaint waa -filed with htm
nd argued that this provision had been
Iui in tne law because the congress
. .wmcn enaciea it am not consider the
fencing of public lands to be a heinous
. rrime and the departments did not con
demn the practice unless it obstructed
the development of the country or
.worked a hardship oa surrounding, set
tlers. He then contended that it had
v been the Intention of Hall to prosecute
all fencing suits . where there had been
no dispute of his authority with civil
actions becauna these were ' more ef
jfectlva Since the fence must come down
as ooon aa the decree was returned by
.tho -court, . The fencing of public lands
wag largely a matter between the peo-
pie who lived In tho vicinity of the
fehee and upon them rested the qiien-
i Hon-of whether it would be taken down
"There was no question that the fences
country has been subject to trespass
since tne beginning of tho government.
It has been tha policy of tho government
not to be too rigid In tha matter of
fencing these lands. It has been known
to all departments of tho government
that the landa have been fenced, and the
ract has boon recognised by tho presi
dent It has been allowed to drag along,
permitting men to gain advantage over
others, and that ta not right.
"It la made tha duty of tha United
States attorney to bring suit when an
affidavit la filed telling him of the Ille
gal fencing, allowing that tha congress
wnicn paased tha law did not care ir
the fences were kept up unless they
were a detriment to the community in
which they were.
Tne speaker then instanced toe preei-
World's Greatest. Range
BISCUITS, CAKES AND yZJ? Cooking Dct"onstrations
, COFFEE SERVED X & :. FRIDAYC& SATURDAY
1S& EXHIBIT if Thcttwo cvcnte :F16orCleariti
tlwPKERLESS land's shrewd and learned store atroh Sa&j
JiClipSC offering these two days FRIDAY Vnd SATURDAY Grade Furniture
" 1 . . . . ' 1 . . 1 " . 1 .I i i i ii i
T.. t.r.W . M
been Hall's opinion i at the
rwere Illegal and ought to have como
"Tha fact Is, continued Judge Web
ter, "that tho government land of the
dent's message of last year, in which
the fencing question waa discussed,
showing that tha attitude of the gov
ernment had been to enforce the law
onlv because It waa not on the books,
and not because it waa a lust law.
"Thla." continued the speaker, "is tha
law which we aro brought hero to aay
must be enforced, or the whole govern
ment s rotten to tha core and damna
tion is our only goaX A law whloh tha
president has declared to bo an out
rage and concerning the advisability of
which tha departments have had serious
discussions.
Judge Webster contended that tha
jury should get the light on the eas
from the time during which tha acts
were done eight years ago, it was Im
possible to Judge things of the past
py uie uini oi me oreseni. -inm rec
ords of that time would show, the
speaker said, that there never had been
a land fencing case brought In Oregon
until Hall prosecuted the Carr case and
there never-had been another alnca he
lert the orrice. He next went into the
evidences of the case and began to pick
out Hall's motive from tha correanond.
ence ne naa naa with tne various com
plainants.
we gnow wnat Hail did. What we
want to rind out is what Hall meant
to do. what motive he had. what his In
tentions were when he wrote all these
letters. We want to find out tha In
tent, which Is the great domlnent note
or tne law," judge v
It had
time, .tha sneaker contended, that he
could not bring a ault until an affidavit
had been sent him setting out the vld-
on or tne jaw. xne soaaicer than
took uo the evidence Dleca bv Dieca and
pointed from It that Hall's motives were
pure in nis attempt to bring tha Btei
wer comoany to book for thalr vlnla.
tlon of the law. Ha hari Iimii trua tn
nis ornca and tha arovernmant with
all of ita efforts had not abown that
he had in any way entered Into any agree.
niciii uy wnion Bteiwer waa to Da al
lowed to escape prosecution for main
taining the fence.
Closely Moans Xrldenoe.
Mr. Heney finished his opening argu
ment after fi O'clock yesterday after
noon. - Durina tha course at hf.a atata.
ment he went over the evidence of the
government tn detail, taking up one bit
of teatlmony after another ana deduct
ing from all of them that Hall was
guilty of the conspiracy. Tha line of
hia argument was , that Hall clearly
demonstrated nis guilt Dy the manner
In which ha had conducted hia Office.
and to support this Heney argued that
tne aeienuant naa prosecuted small vio
lators of tha law on mere statements of
tneir gum rrom complainants, while at
the same tlma he delayed and nee-.
lected to bring action against Bteiwer
unui iorcea to take the step by the
report or Special Agent E. W. Dixon.
Even then, Heney argued. Hall began
criminal action against tnrea men men.
tloned in the same complaint, while the
Bteiwer renco was oniv molested tv a
civil auit and that delayed.
Great stress waa lair h Mr. ' TT.n.v
on tne -letter written by F. p. Mays to
Bteiwer. in which the writer told of his
argument with Hall over tho criminal
prosecution and of his assurance that
none of the officials of tho Butte Creek
company would be prosecuted crimi
nally. Heney argued that Senator Ful
ton put the political pull on Hall to
make him brine- civil auit InataaH of
criminal.
Hall did -not do his duty towards the
Bteiwer fence, the prosecutor argued,
because he did not intend to do it and
made no move until the department had
sent Special A cent Stratford out to I
make an investigation.
Booses Xls Aaditera. -
During tha nlnaln ti.nt.riM. .
kddress Mr. Heney became oratorical
and dramatic, and roused the close
packed audience to applause which waa
quicitiy squeicned, however, by the di
Portland's Finest Stock of SIDEBOARDS :rHR0ZNHrSS
We come now to a place in our Jong merchandising careerwhen for the first tiniewe-must' fairly shove
furniture out at what it will bringTjFirst, we take the sideboards the largest and. best selected stocks ever
shown on one store floor. We must clear two-thirds of the floor spaceK)ccu'
pied by these elegant dining; pieces, during the.two days FRIDAY AND SAT, ,
URDAY. The prices given.here as regular are those quoted during the January -Clearance
Sales and are-in reality,' far under the actual worth. The aluea are
much greater than possibly can appear on paper. j-.VV'r' -j,
QUALITY In every instance, the very best T
PRICES That should Tiring to this store a large as
semblage of enthusiastic patrons. '.'
These Are the Prices the Great
Moving Power of this Sale
IB
AufrffiZ! ' -TV
illliflti
No. 103 $40.00
SIDEBOARD
No. 623 $27.00
SIDEBOARD
No. 641 $30.00
SIDEBOARD
$24.75 $1 5.50 $1 8.00 $29.50
No. 651 $50661
SIDEBOARD? .
No. 59 $60.00
SIDEBOARD
No. 'fi98 $60.00
SIDEBOARD
No. 1493 $85.00
.SIDEBOARD
$3950 $39.50 : $56.50 $85.00
Na 141 $150.00
SIDEBOARD
A Sale of the Higher .Priced DINING TABLES and
rectlon of Judge Hunt for the bailiffs
di
court
to Driiis; any msiuroer or quiet ud
the bench for a fine for contempt of
PILES
Quickly
Cured
'frnunld Pile Cure Positivclj Mr-
tu of Quick Curing Power. Send
' - for a Free Trial Package Todaj.
, aakal - j iiiuil a.IaV WVIliUU MUl"
: e" from tha excruciating; torture of
"aJ? V7 JUSI "ena taeiT name and ad-
' Jlf!. .0. us and "ot b return mall a
Vf trial packagre of the most effective
5iil.po,li!v cure ever known for thla
jrjramia ue uure.
As an examnla. PmmD rj.
. ! xample' Emma Bodenhamer of
H Indiana, was in. constant plle-
of $Ztli2YfI?- Thre M-ctnt boxes
- aZT1 Wl Cure cured her.
It was In the discussion of the nnn
observance of law that Mr. Heney began
iu wax eloquent.
"You have aeen atrikinr streetcar men
in your streets throw bricks through
the Windows of the rera." ha aaM "Vnn
have seen other similar scenes of vio
lence, and why do you see it? It is be
cause these men aro anarchists in snlrlt
And why Is that? It Is because these
men from bitter experience have come
to the conclusion that the men of wealth
and ooaitlon and oolltlcal nowar ara
above and beyond tha law. It is be
cause these men trample on the right
of tha humble men without fear or
hindrance of the officers of the law
and the humble men grown weary of
oppression have become contemptuous
of the law, and have taken their griev
ances In their own handa. It is the
ilrlt that furnished the patriots of
e war of the revolution when man
fought for their liberties, it was the
mm mat maoe crave men on both
des of the awful conflict ne tha nh.i.
lion, it Is the spirit which makes men
fight for their country and their flair.
"But if you want these men to honor,
observe and obey the law, give them a
chance to enjoy its protection and its
aid. Let the offioers of the law show
to these men that the man of wealth
and power and position is not above and
beyond the law, prove to them that the
law knows no color or creed or (nflii.
ence, that all men are equal, and Justice
alone is all powerful, and then there
will be no brickbats hurled through car
windows.
"Justice from earliest time has been
pictured holding, his balances aloft.
ounaioiaea. mat ene mignt see no in
fluence. so that all men should be
equal before her when their crimes were
weighed. Show how that Justice here
knows no ravor ana reels no directing
influence. In this snlrlt rests the safetv
or tnis repuDiic or ours; to disregard It
is to work ror its wrecking and Us fall,"
Mr. Heney win make his dosing ad
dress Immediately after Judge Webster
concludes his argument. It is believed
that tha case will go to the lurv Friday
ariernoon or evening.
CHAIRS at Prices of the jVery" Common Sort
Chairs are in the solid quarter and weathered oak and
golden oak finishes, plain and leather upholstered seats.
Friday and Saturday these great special prices:
No. 209-2 $1.25 Dining Chair ...Y 7S
No. 359 $1.75 Dining Chair, cane seat ..... .$1.05
No. 8886-2-$2.50 Dining Chair $1.50
No. 480-1 $4.00 Dining Chair . ..... . . . . . wt$2.00
No. 300 $6.00 Dining Chair, leather seat. .......$3.85
No. 19 $7.00 Dining Chair, leather seat...'. $4.45
Tables in the sojjd quartered and golden
oak, all of finest grain, hand-rubbed pol
ish, 6 and 8 ft. extension, round pedestal,
hand-carved legs, claw feet, etc. These
ruling prices for two days: .
No, 516-6 $32.50 Dining Table $10.75
No. 402-8$35 Dining Table $21.75
No: 617-8 $42.50 Dining TaBle $25.75
No. 534-8 $45.00 Dining Table $27.75
No. 380-8 $75.00 Dining Table $48.75
FRIDAY AND SATURDAY ONLY AND UNTIL 10 O'CLOCK SATURDAY NIGHT
THE
EXHIBIT
OF
THE
PKERLESI
"ECLIPSE'
OREGON'S LARGEST AND BEST FURNITURE HOUSE
L G WMmSDNS
ON YAMHILL
Biscuits
Cakcs
and
Coffee
Served
BUILDERS MUST GET
THEIR PERMITS FIRST
City Inspector Gives Orders
to Deputies to Arrest Vio
lators of the Law.
CLOSJ! SCHOOLS TO
PREVENT DIPHTHERIA
.An .or.E Braneirh of Hchellhnra-
Jus snd your turn and dlV
an you-111 gt by return maii a raIlC0,Vc" iea special session yesterday
trial treatment of Pyramid Pn. rT.-VT" I ana decided that a short cloaina- of ths
Then after you have proTea to von,. 1 9;t schools was advisable as a orecau-
(spacial , tlpatcb to Th Jearnal.)
Chehalis. Wash Feb. 6. -The city
council held a special session yesterday
elf what It can do, you will go tb tha
druggist and a;et a 60-eht box. VV
. ion t undergo an j operation. Opera
tlons are rarely a success and often
liad to terrible consequences. Pyramid
J'lle Cure reducea alt inflammation,
makes constlon.' Irritation, ltchlns;,
sores and uloara 'disappear and tha
piles simply qnit.,ri ,r . ! ':- .
Send your nam and address today
for this free trial treatment to Pyramid
) tub; Co, l7,Pyramid Bldft Marshall.
Jkllrtl.' . i, r ,.. , -.
oa sale at ail dru$ stores at 69 cent
r,on.a8alnt ttny possible spread of
uipmneria to Which some children had
town. 'P0ed' ?er ra P ce" fe
All contractors 4hd builders who op
erate in tha future without first securing-
perm Ita from the city building In
spector's office' will be arrested,' according-
to Instructions Issued by Building
Inspector Spencer this morning to his
deputies.
"There have been so many flagrant
violations of tha city ordinances be
cause of a few favors allowed on re
Quest," said Mr. Spencer this morning,
"that I believe a few convictions would
result in good. The contractors and
builders are often put in a position
where they cannot oroceed with work
until they have permission to do so from
this office, aitnougn tne delay occa
sioned may cost a great deal.
"Just because these permits have been
allowed in order to expedite work and
save the contractors money, many build
ers have come to -believe that -they can
do Just about as; they please. When
they get through paying finea in the
municipal court they will see things
differently."
Then Mr. Ppencer turned to hia depu
ties and gave- them orders to arrest
every man found violating the' City or
dinances tn any particular. As a result
of the order it Is expected that several
arrests will be made today, and others
in following days, until the contractors
come to see tnat tne city means dusi-
ness.
WITTENBERG MUST PAY
(Continued from Page One.)
GRIGSBY NOMINATED
; ALASKA fcROSECUTOB
' 10sltsd Prwa) Lrtwd nM ' vV. "
Washington, Feb. gTW'r-',M(,,,t
today nominated GeorairS T r5!5!, ?i
be federal dirictTttorB?i -S A.ka'
vlc Henry Hoyt mignV7.? !. fr
Dsmand waa made upon bUn fo Hia re
turn af these eollaterala, and after ser
eral weeks, he returaed the bank's f2Br
000 of bonds. The Interest eonpons on
fhesa bends, amounting to f760 for tlxs
seml-annoal Interest period, , aad ' beea
ollppea off. ;. Thla Interest money lias
not yet been retnrmed to tba bank by
tb United Ball ways trastee, nor has bs
restored ta the oustody XeaslTag Zev
Ua tto 128,000 9t boftdf -ttut wart to
bay been held by tb bank aa collateral
security on bia not.
Ha Is ' also in possession of three
sixths or the z per cent of tne syndi
cate stock of the United Railways com
pany that is said to rightfully be the
property of the bank. ;
Mr. Moore, When asked today as to
the status of the deal, said:
r'lt should be clearly understood that
the Oregon Trust ' & Sayings bank is
entitled to ownership and, possession 6f
inree aixtns of ue syndicate noiaings
of tho .stock , in tho United Railways
company, and to tho collateral: seourlty
for the Wittenberg note. On tho day
before tha oank elosed Mr. Wlttenberi
came to the bank in great oxoitemen
and rushed me into a proposition to aa-
sign to tne syndicate any personal in
terest myself and Mr. Lytle held in tho
United Railways company, and I did as
he desired, on his representation that
tne united Hallways company would bo
ruined and the road would fall If I did
not do so. I do not believe that tho
assignment by me affected tho bank's
right and Interest in the three sixths
of syndicate stock. ' :
Bank rurnished Money.
"The bank had furnished all of the
money for the purchase -of tho United
Railways stock and - bonds, excepting
that of Joseph M. Healy, who put in
$25,000 cash. He. was the only man of
the syndicate who put in hir own
money. The bank is rightfully entitled
to the stocks and bonds for which it
paid.
It is said W. C. Morris, former cash
ier of the bank, has prevented the trans-
Ing to make any assignment of his own
or the bank's Interest in the , United
Railways, and that he 10 holding back
In cooperaticn with the receiver In an
effort- to enforce restoration of the
banks holdlnrs. An mttnrt n...
uy r wuienoerg, on Morris' return
from New Tork after the Mink's sus
pension, to induce him to assign the
bank s Interest to the syndicate, but
Morris declined to do so. The whole
claim of tho bank has, by an order Of
the circuit court, .passed with other
m me verman-American bank,
and Is held as an asset by tho receiver.
U .B5?dtn Proceeding against the
United Railways syndicate and Herman
Wittenberg, trustee, will be initiated by
Receiver Devlin, , -r . ...
In addition to these claims of the
Orog-oaTrnH k Saring-s .bank against
tho United a 11 ways company, the bank
will demand immediate payment of aa
OTordraft, amonntiiig to flt.ooo, stand-
to tho name of X B. Wtokoraham,
chief engineer of tho Vnlted Ballways
oomTaay..." . r ?t
Tho monov represented in t'nis item
was drawn from tha bank to the com
pany's construction account, during the
noror been settled by tho gyndicatv ' I
nnucnriMcn
IICIU
Engineer Murphy Approves
of Eiforts td Enlarge
,Tule Lake Outlet
'(Speelal Dbpateh t Tha 7oarnal.)
Klamath Falls, Or., Feb. Project
Engineer D. W. Murphy of the reclama
tion service has Just returned from
Merrill, w&ere ho went to investigate
tho work of J. Frank Adama and W c
Dal ton, in their endeavor to enlarge the
opening recently zouna to iuie lake,
Mr. MUTony is 4n nerreot
the work that is now being carried on
ana states tnat ir it should
urphy Is 4n perfect accord with
at
lu
cessful he would recommend that
prove suc
id that a
fuu ana complete investigation be made
by tho government' ,
Satisfactory progress has already
been made: one ooeninsr has been made
at a depth of .10 feet below tho aurface
of the water, and a stream of water
equivalent to about zoo inohes is flow
ing continually and disappearing into
the (round. Messrs. Adams and Dal ton
will continue their present .work until
tney nna a permanent opening or that
tne outlet is Diockeo.
Mr. Adama states that ths ground In
tho vicinity of the lava beds Is of a
honeycomb formation and that water
will disappear through any hole 1(0
yaras . of tne lower ond of tho lake.
BELGIAN BLOCKS
FOR EAST MORRISON
City Engineer D. tV. Taylor and Coun
cilman Pan Kellahef Visited East Mor
rison street, between Union avenue and
East Water street, this morning to as
certain the kind of pavement best suited
for the street and finally decided that
a cement foundation with Belgian block
surface, similar to tho new Front street
pavement, would be best suited to the
needs of tho district. -, T -
Councilman Keuaher win emulate a
petition among tho property-owners in
a few dayo to secure signatures to have
ho pavement put through, and . It is
expected that the work will be com
pleted before summer. ' .'-,' A
East Morrison street has been filled
la between Union avtnue and East Wa-
ter street and Engineer Taylor wanted
to look over tho street to study the
bulkhead requirements before making
any recommendations as to the kind of
pavement.
MOTHER CUTS BABES'
; THROAT WITH RAZOR
(United Press Leased Wire.)
Haverhill. Mass,. Feb. t. erased bv
tne oeatn or two or ner cnuaren and
her sister, all of whom were burled last
week. Mrs. George B. Stevens. 40 years
old, seised a razor this morning, after
ner nuanana naa it nomo ror work,
and cut the throats of her other two
children. They both died within a few
minutes, airs. Stevens waa formerly an
inmate of an insane asylum.
LANGD0N CONFIRMS
STORY OF APPEAL
(United Prase tttsad Wire.)
San Francisco, Feb, 8. District At
rney Lanadon this mornlna announced
officially that his. office Is preparing
to carry the case of Eugene E. Schmltz,
whose conviction in the lower courts
was recently set aside by tbo famous
decision or tne state court of appeals,
to the state supreme Court for a re
view. .
SEEK DECISION
UPON
BRIBER
San Francisco Graft Prose
cution to Take Cases
Into Supreme Court,
WEISER TO BE MADE
SURVEYOR IN IDAHO
' 1 United Press Leased Wire. 1
Washington, Feb. After a confer
ence with Senators Borah and Hay burn
the president today promised to appoint
Lautter Welser to the office of surveyor
of tha general land Office In Idaho, vice
O. Agleston, resigned.,
San Francisco, Feb. . The supremo
court will bo asked to define tho extent
to which extortion may go before it be
comes a crime. Before tho law in the
prencn restaurant cases is settled In
California the highest tribunal In tho
oornmonwealth will pass on the facta in
volved Not content with abiding by
" uDuiaiuii ot inn appellate court, tne
famous ruling which waa so nrolif io of
cioea to try to take tho propositions be
fore tho court of last resort for review.
This DTOffram hna haan Irani1 aonroM
by the district attorneys office. Not a I
woro or tne proposed move was allowed
io escape irom tne inner, confines until I
yesterday, when preliminary aotion .in I
the attempt to obtain a hearing on ap-j
Neither Ruef nor Schmlta has had thai
ugniesi mating mac. tne district at
torney's Office would not regard tho is
sue as settled by the decision of the ar-
pellato court. During the day District I
Attorney Langdon forwarded to At-1
torney-Oeneral Ufc S. Webb the draft of I
a proposed petition to the supreme court I
for a review of the appellate decision. I
Tho petition and tha uriefa which ao-l
company it have been, prepared byl
rranoii j, weney ana unaries w. codo.1
Thzro to Only Ono
Ttizt Io
may nte world drat to curs a cold im one day.
..,-J"--
AJwart remember the fall ' name.' Look 1
lot thla - siaturt a erery box. J 5o.
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