Image provided by: University of Oregon Libraries; Eugene, OR
About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Feb. 19, 1908)
i:c3. the OREGON DAILY ' TOURNAU FORTL'ANP. WEDIJCSPAY EVENING. FCDRUAIlY 13, iiUSlS ilOT ILLEGAL IN i IIIIS STATE iJudg-o Clcland Decides There ' is No Oregon law j That : Prohibits Combinations From Fixing Prices. and !Restrictins:Trade. ;;v : v' i. . Also Kales That City Cannot Charge Flat Rate and Mo tor Kate for Water Cam eron Ordered to Pass Sen- ; tence on Burkhart, ; Four Important decision "r announced W Freslillnf Jud ' OcUnd tn the circuit court thU morning. Jn the ce of M. K. Thompson Mlnst the Gauldy company the court' held that there la no Jaw tn thl ut that makes Illegal a combination f plumber t fl the price of MP-, plleand to refuae to ell to anjr but licensed., plumber. That the cftr water board cannot at the aame time tharg a flat rat and meter rat for water consumers wat aa ln-. portant point settled 1 the casa of W. T. Master against the city of ForUand. V ' ; " A demurrer to the writ or mandamus was overruled In tb rM of H. a Burkhart against Municipal Judge Cameron, which means that Cameron will have to pars aentence on Burkhart, whO was convicted of resisting Pa trolman gultter. , . X new trial was granted In the case of James ' J. Brown against the Pacific BUtes Tele phone V Telegraph, company on the ground of error In the In struction of Judge Truer, be fore whom the case was tried. to the lower court what Its Judgment should be. ,, ,m On the ground that the ; late Jude rraaer erred In Instructing in jury m James J. Brown could recover omimm from the pacific SUtea Telephone aijl Telegraph company for mental pain cauaed by contemplation of the Injuria he had suffered by reason of n acci dent, a new trial was granted. Brown sued for Slf.OOO for Injuries .caused to' tumbling over a telephone pole at BlxJU and Flandera atreeta. and on 0ptemljpr 7 lust the Jury awarded him ' Judge Cleland said that the point on which he granted the new ma! ne " ly been settled by decision of the state supreme court, although It has been urced with considerable 'weight that the preponderance of authority in other states la the other way. In the retrial the plantar wm om nmuw " roving damages ana unwiui run- m rtirooiiT rrom nm icourni. iu' fine legal distinction, and Judge Cw elimination of the error from the Jud ?ee Unit remarked that he supnosaa in .iimimi inn or the error from the Jude r..n.tiM wnuM have nidi no differ enea whatever wiin nm jury ma riw the cases but the state aupreme court haa established the doctrine In law that muat be followed, In j.lles hc-ens tx. tork of an antl-truet law t'.Us sute was pointed out by Cloland in the suit brought, by L E. Thompson against the Gauld company. Thompson let the contract for house and discovered, he alleges, that the i "endant haa combined with all the finer wholesale plumbers in the .city to control the pricen of rubers, sup- Ues and to reiuss jo " -"' -r: Filumoera. J aum v 'aiimi to find such a combina tion Is prohibited , by the law of Or goi a"d he did not think bat it would li any event furnish ground for re lusal to pay for. work on a mechanics 1 en when ihe work bas actually been performed. ' ' . ... Taking up the esse Of W. T. -; tera against the .city. JnvoWtng the iuetion of water rates. Jdge Cleland mid ho could not agree with th con tention that because arnall propor tion of consumers have meter and a preater number have not" there la any discrimination. It Is competent In the city administration to have meter tn mint placea and not for all, and the rky Is not precluded from charging meter rates where the meters are In. Takes U Bate The court then spoke of the- two rates -the flat rate of 11.71 nd th , ho.e rate of 12 and the contention In benail of the f cltPthat If under the meter rate the consumption of water did 1 no t xceed IJ.78 that amount ehould Tever tbetou "o 'charged.; without regard to the quantity of water consumed, wblle It the earn, time It Is contended that If the quantity used exceeds " the meter rate the meter r&to tnldb charged for the amount In escesa. . The coSrt expressed the opinion that there Is a flaw in this reasoning that either a flat rate should be charged, or-a me ter rate,- and that these cannot be com . i i ik. tht has been at- I h, rhrrinr the flat rate where the amount used is less then .7S Bin der the meter rate, and charging the rr..r rt-.on Quantities consumed -.1 limit ' ' JudRO Cleland said that wh lie there are authorities to the effect that the transaction between consumer and city 1. in the nature of a contract, t is true .i.- ,v.. haa aasilmen an ODlKtatlon to charge onlr reasonable rates, and the mnRumer may complain If the rates are unreasonable." It will hardly do to way Jn a city that If the man doesnot Jlke the rate he can aig ma own wast Pass sentenoe. A demurrer ib the writ of mandamus SKkd for by attorneys of .IL OT, Burk l.art ajrainst Municipal Judge Cameron ti. nvprmled. the court holding that Judge Cameron should have passed aen- tence on tsumnart uwr .mi '""" th. .hirra nt resisting Patrolman Fultter. Burkhart has insisted onthe sentence because ha wants to appealtne case and to Improve his chance of wltt- nlna a 110.000 damage - uf- guii fiuitter ln the federal - court. . camerou 'had suspended aentence. and, refused to pronouno iudpment . ' ' - - " .V " " ' Judge Cleland aald he was well ftwar; of the practice In the lower -courts and sometimes in the circuit court of sus pending sentence, and that this practice may In some instances be beneficial, but however beneficial the practice It Is not warranted bv ilaw. , The defendant has en absolute right to hava Judgment pro nounced If lie so desires. Judge Cleland aid he had no disposition - to suggest ' l ) 111 , 111 B U S H Z s Now Is live Time to Plant v i n E S Shrubbery GRIP POISONS THE. BLOOD Th Recent National Epidemic Ke , aponslblo for Many rrev. VI Int Allnii-nU. Tha rl poisons the blood, reduces the vitality, depresses the nervoua sys tem,'and leaveg many trouble behind It. It Is Infectious as wen 'as con taglous'ftJid has prevailed so generally tills winter that It Is )poiis4bls-for manrcf -'-t' n menu from which thousands of people are ' suffering toaay. jn aumvui. Include weakness, that tired feeling, loss of appetite, general debility, and in creased susceptibility to disease, and de mand the great . , JMstoratlve properties of Hood s Bar- saparllla, which purifies and revitalises the blood and restores normal .condi tions. If a cathartio la needed, tne beet la Hood's PIHs the tonlo . cathartic. strengthening, not weakening, the y tarn. . . " ' '''.' "' . After the Orto "I was all run down after,the grip and. felt so tlreLI could hardly get about the house, i . mea Hood's BarsaDartlla and before I naa tsjean one bottle, the tired, weak feelln left m. my appetite cam back 'and I eould do toy housework." Mr. Lucy Rogers, Parkersvllle. N, t. v. Hood's SarsaparlUa W:oia erary- where. In th usual liquid, or in iaoiei form called garsatabs une nuaoru dose one dollar. - 1 CHESTER TO GET TKPSOII OUT Father of Judge Meade's Slayer Take? Steps to Es-; tablish Sanity. . .' (United Prws Leafed Wire.) ' Walla Walla, Wash, reb. lt.--Pro- eeedlngs looking to the release of Ches ter Thompson, who was acquitted of th murder of Judge George Meade Emery of Seattle and ordered detained in the hnanit.il at the state penitentiary until he regained bis sanity, wer begun this morning.': - - - e . ; ' ' J.. Attorney " Will H. Thompson, j father Af the nrlmner. ' this morning prepared petition in behalf of Chester Thomp son, asking for a hearing and release on th ground of hU son having recov ered his sanity. : . . This petition must be recommended by T. !. Lane, the prison physician, and approved by Warden Reed. These of ficers have assured Mr. Thompson of their support. , Mr. Thnmrnon will 'then file the pe tition before Judge Bnell of Pierce coun ty and will ask a jury trial in oenair of his son, as provided by th Graves lW. -,Sy ' --.) .K'.V '..-.,. ,-.v '..'- , JJ1GKS0II W BE . VICE-PRESIDEUT Hearst Selects New York At tomeyrGeneraUo Kcprc-.i L ; sent Hiinin Kace. niiiminr TniuiiniTr KAUr ii IlUt lUWfi SOLD TO QUAKERS Philadelpliia Capitalists Put : $600,000 in Kew Nevada . lining Camp. vrlS-.'(Oa4ts Preat tsst Wire.) , Reno, Nov., Feb. ls.r- itrg number of Reno capitalists have tlosed a deal. Involving 140,000. for tUt purchase of fTathanlel Proaky"a option, ,on! the Nich olson group at Kawhlde.'.y t, -. , m w. Nicholson, who first arrived In the district a year ago, originally locat ed the group when there were only five persons In th camp.- It Is reported that a few Philadelphia capitalists, at tracted by the story that a big stiver and gold strike has been made there, last nlo-ht. nnrchnjied from Van Dom brothers the townslte of Rawhide for ALLEGED HAYSTACK BURNER -ACQUITTED ' (Special Oiapatch to Tbe Journal.) , The Dalles,. Or., Feb. 19. After being put about I minutes,, tbe. Jury returned a verdiet of not guilty In .the case of Mark Collins, charged with arson In an Information filed ISy District At inmfv Mfinfe. ' Collins. It was alleged. set fire to two stacks of grain belong- f. - (United Press teaaad Wire.) Albany. N. T., Teb. J. san agreement whereby Hearst in willing to be repre sented on Bryan ticket by William Schuyler Jackson, attorney-general of New York sute, as the Ncbraakan' running - mat is said to nay ueen agreed upon as the result or several conferences between the - New ork dltor and the "Commoinr." . Beport nas It inai iiearsi win muv lort the Urysn ticket with .his papers f It carries Jackson as a candidate for the vice-presidency. Home or uryan closest friends aay that he is wining i aocept Jaekson as a mate and that n really favora hlra above any other tlm ber that baa been mentioned so far. 01IEII GETS JAPAH'S REPLY Mikado . Confident United , States .Will Be Satisned ; With nis Stand. ,: ' V (HnlUd Fraas Laaaed Wlra.1 Toklo, Feb. 1 1-rAnierlcan Ambassa dor Thoma J. CBrin wa today hand ad Japan's reply to America's memoran dum of January II. whlch-ougbt a. t tlement Of the emigration question. The mikado told the American am bassador that b thought th reply wnnM . ha aatisfactorv to th United States and that h hoped It would end th present controversy, it is concaoea thst It assures nearly verythlng the memorandum asked for. allowing for restrictions that will certainly rov vry ffctlv. : t Washington. Feb. Jl. Attorney. John n riraan of Naw York, who is an authority on dlplomatlo affairs, declare that the object of th Atlantlo fleet's long cruise Is to compel Japan to carry out It promts to - evacuate Chinee territory In Manchuria, lie aaaea inai th United BUtes is bound to have trouble with th mikado' government ROOSEVELT TO nnnoT DUUdl Captain Wainwright Slated to Succeed Admiral Erans " in Command of Fleet. :-k v '' -V tCnltad Press teased Wire.) - Washington. -Feb. 19. It Is . atated that: In air probability Rear Admiral Evans will not preside over th desti nies of th battleship squadron - In it journey across the Paciflo after arriving at can fTancisco. Admiral Evan will retire from th service on August it and a th.war hip will start for Manila before that date It Is said h. will turn over the command.- , - . . . '... It Is reported In naval circles that th president has practically decided to ele vat Captain Richard Wainwrlght to command. rf . - . :, '.v- SAYS HEREY WORKEO GAfilE OH ABE RUEF Attorney Murphy Accuses Prosecutor of Breaking Faith With Friends. HORSE LIEUT : CHEAP mm FR E D (TTalted Prats teased Wire.) ". Ban Francisco. Feb. 19. When argu ments to set aside th arraignment of Abe Ruef vttf resumed this morning Attorney Murphy asked to be allowed tft file an affidavit showing that hi ef fort to eecur depositions from certain persons had been unsuccessful. Judge Lawlor, however, refused to lie ten to the affidavit, stating that this time had been set aside exclusively for argument MurDhv. lowed laid great stress upon th point In his argument which fol- Chicago' - Heights . Butcher ,Finds Carcasses on Dump V and Stocks His Shop. .. (Caltad Praas taawd Wire.) Chicago. Fab. II. Sausage mad from horse meat 1 a luxury that has for otn tlm been furnished to resident of Chicago Heights by J. J. Schmidt, grocer and sausage manufacturer, ac cording to charges on which Schmidt has been arrested and bound over to th grand Jury. , . SuaDlclon of .rsldnt Of. th su burbs n town wer aroused by evldenc that flesh was being out front carcsase mi the dumn near th clace. and from th fact that Schmidt was sailing sau sage at retail for hair tne price mt he would bav to pay for mat at whol sal. ' . : CATCHES THIEF; GIVES HIM U Kind Hearted Baker Sends Amateur Burglar Home With Bread. '. K. (tTaltad Pre- teaaad Wire.) , Cincinnati, Feb. 19. A, P. aiffol, a baker, who live ta Main street, dis covered a man In bis house at t o'clock this morning. , Instead of turning him over t the police, Cllffol gav htm v of bread and sent hlra borne. The intruder pleaded that his little ones at bom were oold and starving and that h bad not been abl to se cure work. ' -'- " ' ' " "Please don't hav m arrested, for I may yet b abl to ecur work," he 'T'lvTbakeri whos establishment I a mall one, but whos hart is big. per mitted the man to go, loaded down with bread. . .w v - - -; i . SENATORS BACKING : . TURNER FOR PRINTER (WaaMnftoa Bareifef The Joorsat) - : - Wahlngton.-rFeb-19. WUiiam- Turnr of Portland who Is now senate printing clerk and whom Senator Bourn tried to hav removed that on of his friend might get hi plaf, today sent to th president letters from 10 sena tors recommending him to b nubile Drlnter. vie Stilling, removed in the midst of a scandal. Tnrnr has a num ber of other senator In Itp. who lt- ers wlU go to u wuiiw ouum im.w oday. , . . - j . .' f , W MILLS REELECTED J BY RAILWAY AGENTS (IJBlted Preas teased Wire.) T.a' Anle. Cal.. Feb. 19 W. H. Mill of Norwalk. Ohio, w unanimous ly reelected president of the National . .notation tit Rallwar Agent, at , th closing esslon of th convention of that organisation which wa held In the Harward hotel . last night Other officer were also reelected and It was decided to hold th next convention In New Orleans at a dat to b fixed later. ' - , - CASTOR I A lor Infant and CMldrea. lTiaWniYcaHaraAIwajjEsl Bears th gigaatv of -JLt.. rr Ml II (Til lril,!ii We have in our tafe, !n a sealed and witnessed envelope, the last Ima of the "Limerick which annears below. The line hat six words and ends in one rhvminsr with "ale." We will give a half-pound fahirardelli Cocoa can full of silver dollars (93) to ' the person who correctly supplies the missing line. . . .t. :i !:! n. n. ataraaai snav n many wiuuoBi mm lumj wian, mm is nu ami. am corrct ana wer may d sn in any ierm but w prefer that it b written upo th back f a label uka from aay U cm m r.virJali;'a rraa. . Answars muat P mailed r lfr March IS, p'e" ael. i r.wiaannriirs CONTEST DE. PiBTMFNT. 20 MONTGOMERY STREET, SAN FRANCISCO, ,Hr tha 'limerkk'C" A alckly young student at Yal Triad t strengthen himself upon al, Gut wis "Colleg Widow," v Said, Tut a out. Kiddo, , v ,; 0 mmwmi , y ' m L-JL-i. I. MiJllB.i!JrJi (Less Than a Cnt a Cup) ' .. v,. , Is made wth scrupulous; conscientious care and old fashioned attention to cleanliness, jpurity,. goodness and quality. No Cocoa at any price, can bti better or more deUdous. ; .Your grocer sells and recommends it mm mis ujnm I I nh Cnldsl Croutj. La QripPCi Asthma, Throat Hand Lung Troubles. Prevents Pneumonia and Consumption yellow packaos , 1 ' ' -' 1 . -MaaaaaaaaaaaaaaaaaaaaMaaiaMaaa CONTAINS NO HARMFUL V , DRUGS v Tb Oenuin b In the FUBNISniNa PENDLETON Pendleton." Or, Feb- - Jf.-Tb bdys dormitory for Pendleton academy, which ..rareeted with I10.00 given to the academy by W. W. Brown, of Paulina. Crook county; a wealthy , atockman, la now coraplet ana is Ding iraj A boat 26 student now occupy the dor mitory, i Private parties are making gift of furnishing for rarioua room a Th dormitory la called Brown ball la honor of tbe donor. v, v ' '" WXAT ' CATTSrS ' HZABACXSt V' rrom October to May cold ar th moat frequent cause of headach. LAX ATIVE - BROMO QU1NINJB remove cause. E. W. Grov on box; IS cent. , ': Pilgrim to Pine Mr. Itoid. -ev watt. 1 0. Ambassador Whltelaw Reld, who 1 bom on leav of absence. 1 t o in guest ""' V II 111 1 1-W' t'l.'f I I llll.'llll 11.1 Delivered on Short Notice and V In Any Quantity Oregon & Washington Lumber Co. foot of Hamilton Ave. Phone Main 2 1 63 a bano.nt to b given at TlmleO to night byth Pllgrimi of th Unltd c.t.a TC niitlar Duncan, nresldent Of (the society, 1 to -occupy th chair,, and Ambassador ' Brye. Josph H. Choat and other notables ar expected to be , present. Ambassador Held haa engaged passage to return to England tomorrow. I I first raised by the defense to th effect that the defendant had never received a true copy of th Indictment. Prom the technical argument upon thl point. Murphy switched to-a scath ing denunciation of th district attorney. T'I assert that the district attorney's office should keen good faith and be consistent. Mr. Heney ha traveled up and down the coast, his coat ' pockets bulging with Immunity contract which he has handed out lavishly and. now he end his representative into court- to declare that Immunity contract are un lawful and cannot b. carried out," he Th recent Illness of 'Horace Bole re calls to th older politician how near ly th Iowa governor came to being nominated for president by the Demo crats In 189. . Th atata'a case was almost entirely based on circumstantial evidence. The defendant wa represented by B. S. Huntington of this cily. - - t it appeared in xne muniuuy mav there- is a sort o neighborhood feud among the people living In Tygh val ley, and on faction assisted In Collwa prosecution.':,-....' .-.,, ENGLISH ENGINEERS . : . ; " LEAVE SHEPYAEDS - , 1 -i i;- (Vnfted reas Leased Wire.) London. Feb. 19. Seven thousand en glneer employed by the Tyn shipjfaxda" aeuarea a ayrian iuua.7 111 ajfuijiaiu with other employes who 'walked out recently. . The employer fear, that all .the Tyne plant will ' be tied up by Mie end of the present week. , A tight cough, shooting palrxs in the Vaaf . fnnlino nf degression, sllffht llerer, re sure signs of griope that ia turning into pneumonia; JB .; EJr. uEFs yrup successfully checks tho cough, clears the lungs, and restores them to normal condition, as thousands of oures attest. J. B. PILKINGTON ... jnrssxaTMAJf aji 'ixvxtes milt nd ifardy Ornamental ' Tree. . .-rul'-s. Vinos. Rosn Bushes, KIC - Office 'lni!iUl ftreet whsrf,". foot of Jfam 3 :;l s'.roet. JJCSXa SIDE... rhone . ;..aJn . ...':'. : .. Trial Dottlo Free. Wehave absolute confidence In Dr.SuH'f Cough Byrttp and to con vinco Tpu inai k win Aura wa will sand a trial bottle ire " Y " " ... . . I Al .h whn win vrnrii nfl ana mtsuiiiuii iiin - a ?i Mi.Aro..Baltlmor.Md. . Women Appeal ' to Haghes. - - - AlbM,: NrTTREW "detection AVOIB THll SUBSTITUTE. 5LfQiJV'!r!?Bt" toay mad -a di- jj . dangerous to experiment when yot . Mm lcKisiaiure ana 10 can obtain a are. sure tna prompiourom S,0?'."0 ,n "lf of eonstl-;Sowrdr7BuirsOougfi Syrup. Get onlj tutional. amendment ' granting auffrag ibr.Bull' and thus avoid chronlo throat and to womeru.lh daleRatlon numbered sev- ilur, sffactiona. I'rlo aw- 60O. and l.WJt - nA" .OT. f headed by r mZr c--- Srrnn can be given wHh Mrs.' Harriet Stanton Blatch, 01 mra. jviizanem U president of the Eo n Blatch. daughter ""h.viuw Cady: Stanton and 252?2ElmmT aat chUd. K Is ab- ander the auonal rom.rVTE. LINE, OF GO-CARTS AND CARRIAGLS NOW SHOWING' In the Bagement Crockery! Department tomorrow and Friday Take advantage of these special for gupplying your table needa , Set '-consisting'. -of Sugar Shell' and Butter Knife vintage pattern 16-pwt silver regular $1.60 values special, set. ...$1.00. Set of 6 Tea Spoons vintage pattern nwt; 1 silveMegulaVf ($1.75 V value special, " " ;: '.-v..'....V.,.,i,;v,;A?v' Set . '"i ........... vx,V v ; Gravy Ladle silver, bowl-rf gulaf $2.00 value special ...... ' ' ?10 ' Cat n Wa llarft'.1 1835 olain satin Knives nnrl : F6rkseTOlaH:$3.T5y Set of 6 Dessert Spoons vintage pattern 16-pwt. silver regular - $3.25 value spe cial m erW.70 v :, .,: ' . m$ xm m- m T ' Gravy Ladle--gold bowlTegular $3.50 value special i . . . i . . . . . . ?2.00 Set of 6 Table Spoons vintage pattern 16-pwt. silver regular$3.50 value special, set 4i . " . . ? . .$2.D0 Set of Knives and Forks hollowriiandles 16-pwt. silver regular $10.00 Values spe cial, set .... .'. . . ... i .$7.00 'MP" ;, $5.50 VALUES IN -:.v : jiH!lIi;RU(iS 4295 I In popular aizej 6hort pile borders extra heavy made from the yery bes Angora wool. Offered tomorrow only at the above special price ri the Carpet Department sixth floor. Your choice of f these in the red, green, rose, blue arid white. . .... ;4 '. A , . (a PEDESTALS For 95C This isolid dak Pedestal .in the weathered finish .'thirty-six' inches high ' , twelve-inch top and base. Regular, $2.25. ; rEW PROCESS k GAS '' BAKGES'.' In the Easement Department - SVaSlSSl&k1 &1 n!0JIT!!PP lTXSZSV tamo.' 1 - ( -J ivrt rivitfiVR .ii.li, 1 AtlV lliwumu makiyouxIi Ain twrrt Mine hyp hifu VmfmU af aVl Belf-Supportlng Women. amnZ - :Lea ! Kre Food and Dmgf Actl sartd No. 224. i- i ' : 4...-,... .. . ..... ii