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