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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Dec. 21, 1909)
THE OREGON DAILY JOURNAU TORTLANP. , TUESDAY . EVENING, DECEMDER 2 lOtO. INIIFIEDASM DRUGSTORE BANDiT Pronrietors of ' Store Robbed circuit court for Multnomah Twice 'Are Sure of Face of j Walter R. Carroll,- Former, Mounted Policeman, - ' culinritiva of Ilia cun, for aboul4 the two justice, hoe u-nur la ati Wd wUh to lt In Ilia they could and an emlrralng altuailun might there by Have rlan. l then avta forth that tha two Jutlcr Immediately Inter. maa jri in luaitor entirely to litre Juetlrta wbuaa tnur waa in no way attackod by th motion. , ' JTuaUo MeBridVs Opinion. 11 then t down thr rulby which Jaw in tint b construed by tha eourta aa folio! Tha object and purpos of tha law, wlielhrr fundamental or otherwise, i muat t considered and tha oonatltu lion mum not be interpreted on nar row or technical principle, but liber ally and on bn ad. aonoral llnxa. In arnrro tlia flwrn of th lower oourt ws order that It may accomplish tha object promotion of substantial Justlc trtwen passenger and railroad. Otaes- Case Xd4 Sown. - Oihrr ffaaaa handed, down today wore aa follows; - . . '. flute va. JX IL Williams, annoalrd rroni tha circuit -ourt for Multnomali county. John Ji. I'l eland, ludao, appeal dlamlaaad In an opinion written 1-y Oilef Juallce Moora because of tha failure of tha defendant's counsel to flla tha trie aonpt on appeal wtUtln tha stipulated tlma. - . William C Smith and kllnnl Modora A. To win, plalntlffa and reaDondcnta. va. Uenjumln l Smith and Emory H. Hrolth. defendants and appellants, sppealod ICnlted Preai LeaeM Wtr.) San Jose. Cat, Dec. 11. Dr." Edward II. Gleason and Dr. T. M. Bettison, both of ,tha Oleason-Courneen drug stor In Kan Francisco, today positively Wentl. fled tha body of former Patrolman Wal ter R.. Carroll aa tn drugstore bandit mid murderer who o successfully de fled the police and conducted a sens-.! tional career of crime in San Francisco during tha last few weeks. Both Glea- aon and Bettison saw tha bandit - on tha occasion of his two visits to their store. Gleason. is the . first person known to have been held up a.nd robbed by Carroll. Carroll committed suicide here Friday night by hurling himself beneath tha allowed In an opinion written by Chief Justice Moora because of the failure of tha appellant to perfect their appeal OBSERVATIONS ; AliE WOKTIILKSS (Continued from I 'age One.) Intended by It and carry ont Die prin ciples or government. . "Tha whole must be construed to gether. . , "When two constructions are possi ble, one Of which raises a conflict, lakes away the . meantiy of a aectlon, sen tence. Thras or word, and tha other does not, the latter muat be adopted, or the Interpretation, which harmonises the constitution aa a whole must pre vail. Justice MrBrid then takes up tha his tory of .similar contentions that have risen in otner state, particularly in unoue island and Nebraska and da rives therefrom tha general principles Then ie a long discourse he applies tha prin ciples derived from these sources to the contentions-of the attorneys In this Th fundamental argument fol- snlutely flat decision against him Is looked upon as all tha mora convincing. It la believed If tha data, and records hnd provided grounds upon which tha scientist could bay established a rea sonable -basis for claiming that the Brooklyn explorer really reached tha pole, this claim would have been nude I applicable to tha case at bar. ana upheld as long aa tenable. . Tb committee consisted of tha fol lowing world renowned scientists; Pro fessor Ells Stromgren, Commander Qua-1 action- tar Holm, director of the nydrographlo I lows; bureau; Commander Jenwni, director of I Creation of Supremo Court. - navigation; Astronomer Pechyle of the I . ,m k. i, .... ".' ' numns nimmii Dcneaiu m-I iTiVaral e rwaah.-a . n.nln ... " . ..- uii.umi first came Into prominent publle notice p ' , "Vh- trn.v.rViT. """t"1 bLcbtlr'K "'i4 th in September, when hia wire eied or 0.,;" ---- -- . ; T ,"unuH!' snau oonsisi or rour ana. " - . r 1 uuui 11 si Tinniiiiiinn raianaa aft Mantatn Savants Fllltd WltU "Wonder. limit, shall not exceed five, but after A member, of the committee today "!e PfP"'tion reaches 100.000 the nuia said; . t . . .-; It took tha committee but s few min utes to see that Dr. Cook's observations and so-called rocords were worthless. "We could have reported Immediately, but It took- several days to recover from the surprise. . , . . t The so-called notebooks on which Dr. Cook relied In a great measure for vin dication had only accounts of his' obser vations, rather than the - observations themselves. Those notebooks . were thrown sslde without a moment'! con sideration, I . ''S "I cannot understand how a man of Cook's reputed scientific , attainments say couia nave attempted to bolster up hlfl claims wiin aucn rnmsy evidence.": able, have also eipreaiily stated It in the ancltun suppUntlng notion 3, "However, , we find thm In effect proviaing, that the tnomxnt th atata attain .a riulreiTV population .that there shall be thrte aupremaiuclitea and aa many circuit jud--s aa may at th time be found advisable. The numbei 1 which the legislature at that partlou-1 Ur time found to be nereavtary, prop- erly to perform circuit duty, waa flzxt 4 at five, yet we have never heard o , anyone suggesting that such a llmltai lion was Intended for the clrculta The abeurdlty of maintaining that! audi a limitation was Intended for the, circuit, oourt could and would not be ; iimru lur, w niuinrai, jtol it js . e manifest that if the rule of construe-1 uon inaisieu upon limiting tne mem bership of this court to three is sound a like construction muat be applied to tn circuit Judges." pistol wound in her home, lie said ahe shot herself , after a domestic quarrel. The coroner's-jury returned a verdict of suicide. ' ;, ' ,r Shortly afterward Carroll resigned from thak police force. In which he bad served as a mounted patrolman, , and dropped out of sight. : -: Dr. Gleason and Or. Bettison arrived here . today with two detectives. - At first eight Bettison declared the body was that of the bandit He said he had observed the man through the win dow in the prescription case when he was holding up the store and wag sure of the identification. , Dr. Gleason was not sure..- He looked at the body many times, at first saying It looked like the man, and then saying he Was not 8ure. .:' -.'.v-. After extended consideration Dr. Glea son went to the hotol,'" where he re mained IS minutes in a room alone, re calling in his mind ' the face of the bandit and comparing It with the face at the morgue., . When he had finished his deliberation he announced that he was finally ready to make tha positive statement that he could unquestionably Identify the dead man as the bandit.- s - - 1 t ber of justices of the sunrema court mav do . rurtner increased, but shall never exceed seven. . - - "While provision Is made that tha tna. tloes may be elected by districts and may perform circuit duty, they remain justices or tne supreme court and the judges of the circuit court are left to be provided for .by section 10 of tha constitution, "Prior to tho act of J87. then, there were no circuit Judge. There were dr. cult courts, but they were presided over toy justices or Ilia aunrema court. Thte fa the effect of 'the holding in atate vs. Seven Members Zf Veoessary. umer parts or the constitution are considered by Justice McUrlda, one of which is that section which provide that the Justice who Is the oldest In years shall b chief Justice when two or more have been on tha bench fol a similar length Of time, a contingency mat could not arise -as long as there were only three Justices, . on elected every two years, serving a term- of six years. - . ' . In conclusion, th - revered Justlo gives It as his opinion and also thai of the supreme court .of this statt that tha number- of , supreme Justices may be Increased to seven should th legislative body so wish. . The opinion says that Whether It may exceed seven is still an open Question and ' one not to ba properly conalder.d at this time. Finally, to hold otherwise .than that tha action of the legislature creating two Justices was legal and not In viola tion of the constitution the Justice says; "Would be In disregard of well settled rules of construction heretofore promul gated In an unbroken line of decisions of this court from the earliest history of our state.'.' ' - . , . Section t of the constitution referred to by the. justice In his opinion Is as fol lows: . l JOURXAL OPERATES first headsi;tter Among th many new and in. teresllng features lately . In stalled by The Journal. a ntt est Improved linotype for antllng heads, the only on In Oregon. Tha niHohlne . Is known a a "double-decker"' and It casta the largest type face of any yet In use 3 polr.t. The new form of head that appear In today'a Journal were art by this machine. Some of the advantages of the double-decker" are that It does th work of three or four men. e who are needed on o.thcr work,. . ij ana is, tnererore. a great time saver; It saves many fonts of valuable type; the heads are al- , ways clear and distinct Th "double-decker- I a lino- type with Improved features and It is operated aa simply as the common .typesetting machine. The Journal's machine will cast six sixes and Styles of heads and th operator ran ohang from on to th other within -10 seoond. ; The nearest approach to th "dou-, f bU-decker is the monotype. . but for a newspaper office, th monotype has been found to be ' too slow and Intricate, while any llnotyp operator can handle th . e "double-decker." , - Tha llnotyp Itself was "looked ' upon as one of tha greatest In- ventlons of the age and It was thought th human mind oould cteata no Improvement on It yet ; ( the "double-decker" I . , aven ; greater than the linotype. . .,-. lev 1?z cv iirv "in itn4rs ' ln- lt' J O It) 1? ' j t) " v Lis ' v i c ) I... MEW'S DEST Qi) Kot uit in tht entire collection that isn't worth all of $J0. 00, and, "what is more, the majority are "worth every cent nf $25.00, Civitiff valuei like these is nude potsiMe by us ring matiufactureri you uy directly from the folki who made the1 suits. Stylet to suit all tastes and figures as well. OVERCOATS . 4 , " m .' " ..' Journal want ads b.iiig results. Jmstice lord's Opinion. Despite the sutement of his brother UadV on 'ra, L- . fn ie In America, that he is now at Chris- f..f..?f erA"v ,et?loll 19. ot ? tiansand. aU efforts to find Dr. Cook i:? "iTJ"." L1"" w'". T? w"l there today nroved futile Th. m.mhor. -"". circun juoge. of the Investigating committee admit tney know where the explorer Is. but refuse to make his whereabouts public. " HIGHJD0UBT 1 (Continued from Page On.) able, and It is not as compared ' with : charges made by other railroad com- COOK'S FRIENDS A : ? WITHHOLD VERDICT 'Th suprem's court shall consist of iour jusuces, 10 oe cnosen in aistncts by -th electors, who shalL be citizens of the United States, and who shall have resided In the state at least three years next preceding their election, and after their election to reside in their respec tive districts. Tha number of Justices and districts may be Increased, but shall MA- MWMAA I .....11 . 1. U . . War. In hlnk ... r. , . I wvecu i w VUJ)U1- ,-s: " t - t,0B tte "hall amount to 100.000, ana aimu never eiceea so Ton. Section 10 reads as follows: . "When th white population of the state shall reach 300,000 the legislative assembly may nrovlde for the election of supreme and circuit court Judges In distinct classes, on of which classes shall consist of three justices of the su preme court who shall not perform cir cuit duty, and the other class shall con sist of th necessary number of circuit Judges. - . - -. - XII I niTl inniurn J uiviueu into distinct I ILL DATA ARRIVES v " ot which shall consist of 5 --.,. I jusncea or in supreme court and New Tork. Dec 21.Th news from thS.,othe.r. of ,lv.e c'ult Judges. n eVbuHf It to Pot had been proved of &bZl tory it is sufficient to author a regu- U by th committee of scientist. &teJ In ? th? LZLl: lation thereof." i- ' :" -K: .. 1 that was chosen by the University of staen. and tftn rTrnvM ilZtrl...ZZ In regard to reasonable railroad Xares Copenhagen to In vesUgate and report provision be made for such additional and rat, tb court .aldi ' oa oatacreated profound xclte- number as might be deemed tecZrv ,"The reasonable compensation guaran- ment here.- The first message came In and remained silent as, to th numheTof teed to a common carrier by the statutes a brief cablegram yesterday afternoon supreme jusUces that mihr h :JZ!iaa is a standard which neressarllv flct. which reported that it Was a fores-one h.?..!r.-" .It be Provided ate, so that a ra'te which would, when onK:1U8,,'' that Cook would be given it in the assumption that : .i7tl JrSuW adopted, have been deemed Justifiable. black mark, but so strong was the b. mn.tr,. .IT. ,.n tA Applying the same reasoning here: "When the act of IS78 provided ther snouia o nv circuit Judges. It in ef fect wrote into- section 10 the ' words Th whit population having reached 200,000, five are the necessary number or circuit fudges, so that section 10, in - - -.ivu-mKu. i.ijv luuremi j, nil in. . circuit judgw ar. divided Into distinct CURES ECZEMA OTTTCkLY JTw Discovery JKaa volutionlxd th Treatmant of Skin Siseases- adopted, have been deemed justifiable, may not thereafter be -so regarded, ow ing to the increase of (traffic and Im proved facilities, whereby the . cost of transportation Is , lessened. .The au thority of a 'railroad to. collect reason able fares and charges although a vested right Is like all other rights. . Subject to Police Powr. i "It is subject to the police power of a state, which may be exercised to pro mote the' public welfare and to estab- rier rules calculated to prevent conflict reach-a here nf riirhtn snH tt inmn i h k .. icisioa reacnes nere. would BB.h. - lu lu hold the explorer that the mesaag wultawJr&'iZ'K ?uirm received with" doubt " Tha firat f lrmation of the committee's determina- j . t. Uon to report adversely to Cook came! Whn Umltation Ceased. through the neuter's agency. Immedl- "But It will be rioted In this connec ately effort was made to locate .Dr. tion that section S provided nSSi. " " ,- ' turn vyiuivn 1 muiu uuiuuer as lour, Oi Which Undi of the decision. . . section 6. on account of one Tit 1 th num- jrxienas at Baat. : UVI viuS irtea in case on appeal but Friends and relatives of the eninr. thre iU8t,ce.' eould sit 'on appeal, thus. were loath to speak of the committee :r.:f:i" fierln ot appeals was of rights and to Insure to each the un interrupted enjoyment of his own so llt" hS ,rn "f? far as is reasonably consistent with a VPl J!..fnd" like enjoyment of the rights of others." It was also held that a municipal corporation, as in this case, bad au thority to make a complaint as to the rail facilities furnished, where 5- the statute expressly gave it th authority. ana tnai tne oraer or the railroad was full text of the de- The document vii given out at Copenhagen after the con sistory had revised It and it portea tnat me decision was "reached . 1 uecam( no after a very brief conference with the 10 went Into ffeef wm.cu.ra, me suprema court began that th limitation placed upon th ..uiuud .... ui , Bunreme. iiwiiku ceased when section 2 became lnnnrativ. mo errect ' y Implies t vuusutuuon found it . . . ... . 1 " i n t ,t ... cummiitee, tne point or dispute arising -,, ""'r"" mpnes that If th. vver a iew minor oetaiia which did not " . luvoive me question or observations. not void for want of turlsdlc.ttnn h.B,..- rrT" HL" ulB 1 the complaint was made by a city 7i whlT Cook li a writer 1, "J F"" commission act was netio and climatic observaUons thll enacted to prevent discrimination, and convinced ' uon" tnat in order to make the statute effective L. 4 ' the act expressly declares that, its pro- what th Bases round, visions shall be liberally construed with The Canes found that like the era- -.w w , nn m uiw wemn ma tai ycnucu ucuon or tne famous jd.uuv story xn aata submitted was wordy but lacking of proof. Two pack ages of evidence were . forwarded by Cook on of which has not arrived but th second package is merely supple mentary and has Uty bearing on the main report. - . ,; Much damag was don to Cook's cause by th denial of his account of the ascent of Mount McKinler. It la said that th Danes received detailed reports from th United States regard ing this alleged triumph of mountain climbing and that they were seriously Influenced by what they considered ab solute proof that th doctor had failed to scale tb great peak. Th Barrtll story wis given considerable credence. ' ; Peary Prleads Jubilant. Pearys friends ar Jubilant and ar saying, "Didn't w tell you moV But an other disturbing factor must b Included In th Peary claims Is Peary telling th truth? Tb general publo seems to credit Peary with success and has only heM the rVmlr vnt thara tivi . , Santa is getting ready just a day 1 11 Cook 18 Mld to hve failed to make Peary will have to fac an ordeal that will probably not clear his title to th discovery of th Pol.. However. Peary seems to nsve tn most careruliy pre pared data, ao the story goes, and h may mak a showing that cannot be controverted. necessary to einrMaU ... -.. .. : it nninta v t , . tation that should he in ,11 -i - v "j ir jr lnenas 1 nnnulal inn j . U1 J.UW mat mucn or tne oata contain. . "vmu reacn tne llmf si - . .. v. . riea .,-, ,...... -"- -,fJ W. m iiiBE Ml IH V f.T n , Awn 1 n I . I m ' . . "jiiuii, H ,l iwuMU. rnav ... then deemed . a jimltaUon advls- Ko thing- In the history of medicine has ever approached th success of th marvelous skin remedy known as pos- lam, wnicn, it is sare to say, has cured more .cases of eczema and skin diseases than any remedy ever offered for these IllS. .L , ' The success of poslam . ls not at all surprising when -it is considered that even a very small quantity' applied to the skin stops Itching immediately and cures chronie cases in -two - weeks. The. I very worst cases of eczema, as well as, acne,: herpes,' tetter, piles, salt rheum. rash, crusted humors, scaly scalp and,' every form of ltcn, yield to It readily. Blemishes such as pimples, red' noses, mtffldy and Inflamed skin disappear al most immediately when poslam Is ap plied, tn complexion neing- cleared over night Every druggist keeps both tha Ko cent six, (for minor troubles). nd th $2 jar, and either of. these may be ob-l talned Ih TFortland at th' Skldmor Drug Co., ana tne woouard, Clarke & i o., as won m9 . u.ucr reiiaoie - arug stores. . : , . - (. ' But so on Is even asked to purchase poslam without first obtaining an ex, perlmental pacKage wnicn will be sent by mail, free of charge, upon request bv th Emergency Laboratories, S2 West Twenty-fifth street. New Tork City. CAPONIZED CHICKENS THE CHOICEST OP 'ALL POULTRY BETTER AND ' SWEETER THAN TURKEY Orders Taken for the 'Holidays Willov Crest Poultry Farm 1044 Milwaukee Ave. Phone Sellwood 277. i Poultry Dressed and Delivered . Without Charge. , .off ' aLat 5 ,U RAINCOATS rvleVI : ' I I , Cuessing' wrong on, the weather we were to nave last tali leaves us with more Uvercoats, and Raincoats than one ought to have now. The rem edy as we see it Is to cut prices. .. You therefore save JUke this:. :, ' : - ,1 ,' , ' .'- '.... $12.50 OVERCOATS ARE NOW.,.....f 0.25 $15.00 OVERCOATS ARE NOW. .:... 11.25 $18.00 OVERCOATS ARE NOW,, ,,.,,$13.50 $20.00 OVERCOATS ARE NOW. .$15.00 $22J0 OVERCOATS ARE NOW., ?lT.OO $25.00 OVERCOATS ARE NOW.... ...f 18.75 $27.50 OVERCOATS ARE NOW.. f20.T5 $30.00 OVERCOATS iARE NOW. .'..'...$22.50 V I -' J50 OVKKCOATS ARE NOW .$20.25 We've many " solutions for the . gift problem that is worrying you just now, and every one is J practical therefore, sensible. We." suggest Jewelry, Fane Socks, Neckwear, Suspenders, Sweater Coats, Overcoats, Raincoats, Suitcases, ' Etc . . . , . J. L BOWMAN & CO v POPULAR PRICE CLOTHIERS FIFTH AND ALDER STS. r r. T"i', A I a .rryvr :ws m ACHESON, the manufacturer 6t Ladies Suits, and' Coats, places the entire remaining stock of superb, durable iLadiesl: Tailored, Gar ments on sale this week at " R I G!L Store Open Evenings Until 9 pm. ; ' -v- ' v Every Garrrient Manufactued Here "5 , . ' Every garment made from high-grade merchant-tailor cloth- 1 nu uiiiwuuiia ui suusuiuLc materials, i ne lines ana taiionnp' of our garments are the best that brains can produce. We are simply following the regular manufacturer's rule of clearing the factory-room for the coming year. If you wan! double the worth of your money, get these solid, rich, perfect carments.' .Anyone who has visited our sales floor this fall will remember that our garments are marked in plain figures, and you can tell . -what a suit will cost you as well as -we. , , ' or "two now. BETAH S3IITII fContrnued from Pag One.) Are you ready? Don't forget your frienda at this remembrance season. Buy for them tome little thins: some thing to wear is most appreciated. A nfs. nrttlf f--. a -MeaeM 2. " f M wn ,llmI of money from mnr soldiers, so I (,, r: . on aa thc WcH n never attempted having Mirror Set at ?2.00 to pay. urg. Dishonorabu.dis- eharge followed eiposure. . Blasaad VMt roUi. Wlien cashiered front th army h vtadicUvely declared that the West Point officer, who flaunted befor him "a colter Impossible to his trmlnln ." had driven hlrn to the companionship of u ranis, ana tnat rurtnersnore his wife's expensive taste made borrow ing aiecvewary. ; - - one like Santa is using. Durinsr Wednesday. Thursday and Friday we will place on special sale the most stunning Suits and Coats of the season, at'one half their regular prices. The materials are Broadcloths. Di agonals.' Worsteds, Series and Home spuns, lined throughout with Skinner's , satin, and all ' splendidly made in the ' newest styles. , - A f eastern factory offered us the cream of its surplus stock at a vrv low figure or spot cash. We didn't hesi tate a moment, but immediately snapped up the offer and had th vprv best garments consigned to us. These are now in with our regular stock and all gathered into the following lots;-, . .V.Styiijslis $22.50 SUITS. Sale Price. .Sin AA $28.50 SUITS. Sale Price-. SU 'x $38.00 SUITS, Sale Price. . i $19,00 " $45.00 SUITS, Sale Price. ... $220 . Stylish CantsB $ 9.00 COATS, Sale Price.,.. . 84.75 ' $22.00 COATS, Sale Price. . . .810.50 $27.50 COATS, Sale Price. . .813.75 - $55.00 COATS, Sale Price. . . .818.00 Witt 'hi) a. I Special -Silk Petticoats Thf WppIt 1A m to Close. Oot the J Lot of Petticoats I - X J Store Open at 8:30 a. m .Don't Miss the Place148 Fifth Street, Acheson BldgO; ACHLSON CLOAK & - SUIT CO. MANUFACTURERS , . V-., Useful -Gifts for Men' ; a Man's Shop From IS?1 1GS-170 THIRD STREET ACT CREATING fContlBO from Pf Ont V farUcl ot llfht that co)4 be 4rivni If ar H5ffrlBg froes blllouBewaJ ale wrote an or Intoa ntit t ar ' -xl'peC tttt'.grmtinn. ehrwil bead j thre tes cntK-iirriBg with the ftmUnn ! . t.t r.r.t la a peotal carijfT ,U,U- "Pri!e and ffci.f Jnntle ! . . . -,..,. ! oor wrote a short plnln 4-dtIii tb Tor the affirmation rt th miLndaia is t j I a a, Win ymit fssf.e enl ad. - t ;' ;r t,a ifi. at4 iwr win ei'r ef tv -jr-rma ronrt w trl4. j SUIc Petticoats $ 4.T5 VALUES, now.... 83.00 $ 8.00 VALUES, now. . . .S5.5Q $18.00 VALUES, now. .312.50 $22.00 VAL; (embroid'd) 814.50 Fancy Neckwear See our fine stock of Fancy Neckwear. We have them in a big variety. They make ideal Christmas gifts.: JFTEP Cc5 I Don't fail to see our excellent bargains in I Tars. Here is you opportunity to make some friend or relative a fine Christmas present at a very small cost to rou. - .. - - , (EaIeimMffiiMC(n)o 430 Washington St. - Del. lllh and 12Ui NECKWEAR HOSIERY . SHIRT STUDS SUITCASES . SUSPENDERS SPECIAL HOLIDAY SHOWING Of PAJAMAS BATH ROBES AUTO CAPS HAT BOXES GLOVES- initial handkerchiefs cuff Links : -steamer rugs silk handkerchiefs " COLLAR BOXES AlarnhnnAiock Orlnr Can be filled out for SPECIAL CLOSING OUT OUR ENTIRE LINE OF SMOKING JACKETS. REDUCED PRICES. tr Open Srtry Xraci&g VatU Oirirtm. If'---' 311 Morrison Opposite . Postoffice i ' ' ' 8 l : ir) lir 7tl :is. ; I ) k ir.t r -'-tr tt, j
