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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 30, 1910)
I '0 ll-M Lli 1 OF iiiLuhiitU DiiJifimi JLi.U'illi. ! l:v Provision of Constitution Is Both Attacked and De fer.ded at Meeting of the Ear Association. - RUlc&l' differences of opinion among loading members of the bar as to, the meaning- of the new Jury, amendment to the constitution developed -at the meet ing of the Multnomah Bar association at the court house last night. : ' James B. Kerr, A. ' E Clark and Thoinaa ODay defended the amendment, though not agreeing a? to what It means, while Martin I Pipes .and Fred V. Holman made soma cutting criticisms of tho sweeping changes which they be lieve it makes In the Jury eyatem. Kate expressed alarm sver: the nsa ner In which the InffiaOve . Is nsed to change the state constitution, .without, as ho , said, anyone knowing Just what changa is made. Clark, who agreed with Kerr as to the probable beneficial effect of the amendment, disagreed with his criticism of the Initiative and referendum and said: . '.' " ' 1 am wholly out of sympathy with the slurs and jaers cast wpon -the Intia tlve at some of the .meetings of the lr. Ob, reason why the members of ttx bar have the meager influence upon jmblic opinion we have is that to the public mind we are regarded as ultra cmieerra'tiW and oppoaed td. progress. This view Is not tme,' bat we bring it upon owsclves by obstructive talk." r Pipes Opens Xisoasloa. M : Charles J. Schnabel. president ef the association, presided at the meeting and L. C llackey read the much disputed amendment for theJnformatlon of those present' Martin I Pipes then proceed ed to a detailed discussion of Its pro? vl.sions. ;s -,.:. While regarding portions of thrnend ment as contradicting each other. Judge IT pes reached the condnaloa that eases appealed to the supreme court tinder the amendment are to be decided there upon the evidence and without, regard te what the jury did in the circuit court. TJi e basis of the judgment is the opin ion of the supreme court as to what it should be, and not what the Jury did. Errors of law' being eliminated and made Insufficient ground tar reversing a case, said the speaker, the matter becomes one of a new trial in the su preme eonrt Exceptions may be taken In the lower court and assignments of error made,, aa is now dona, bat they will be oply bo much waste peper, since the e u pre me court is directed to take the evidence, reexamine it, decide what should have been done, and affirm the Judgment notwithstanding error; if there la any evidence at all to support IV The Fpoaker took the ground that no will be found wlthont some evidence to Bupport it, and therefore the result would seem to be to prevent new trials. The changes. Judge Pipes said, would rlnrn law rns.-s la the fame F:iv equity cases in the stnome cent, r.i.ik lng it a trial de novo on arP''-l. As to criminal ca.cs, lie grave the opinion that the only change will bo to rtrmit the supreme court to enter a Judgment finding a defendant guilty of a les ser degree ef crime If the losscr de gree te included In the charge upon which the man was convicted, as In the case of murder and manslaughter. Since appeals from the Justice court to the circuit court amounts to writs of review, it was the opinion of the speaker that no change win be made in sucn appeals. James B. Korr said be Deuevea we eonrt should Interpret' the amendment in the sense in which the people voted for it and the sense in which it was drawn. The people are f ird at mistrials and reversals on tech nical grounds, and they have Just cause for complaint Lawyers nave Deen in mrtivn in tnovinar for reform, and the people have stepped in, not with the in tent to revolutionise' the jury system. bat to shorten delays ana do suDstanuai Justice. Mr. Kerr dlsairreed with the rlnion of Pipes that the amendment will per- mit the Hunreme court to nass on - the facts previously tried by a Jury. He thought it a fair construction to hold that the supreme court is made a court At M-rnra. lint riven th risrhl to affirm a Judgment If it finds that substantial Justice bas been done. Be admitted that to sustain this construction it may be necessary to Strain Die argumenx m tle. . - v ' Amendment Is Bsfeaasd, : -Them as OTDsjr ssse y to, defend the amendment and announced be was the author of the particular section under discussion. He said the words "unless there is no evidence to support th ver dict," were Inserted to v prevent the courts from setting aside verdicts of the Jury en technical grounds. When a Jury tries a case, it should mean some thing, he declared, and the Judge should be controlled by the verdict ' Kerr, also defending the amendment. disagreed with ODay's view in this re spect. He said that if a Jury awarded a man 10 for the. loss of his limbs tn a ease, ef negligence, the verdict should be set aside. ; O'Day retorted that ver dicts are never set aside because they are too smaller ';l',':';vi';;f:' : .v.. A. E. Clark took the view that the amendment wfQ not encroach on the Jury as triers of the facts. Ha said the people did not intend to wipe Out the Jury system or to impair its efficiency, and he believed that if reasonably con strued the amendment will be of inesti mable benefit in saving new trials and preventing reversals on technicalities when substantial Justice has been done. Fred V. Holnwn said the amendment tn his opinion overturns, the precedents or centuries, and mates the . supreme court Jthe new high Jury to try out all cases carried up on appeal. He held its effect would be confusing and destruc tive of the Jury system, p. - -- . .. : . . . n The New Lyric Musk at Coia.-.'y "- pony la rnaVl.ig a hit this wt k by V a clever production of DiUon and K'r; ;'s scroaxnlii? comedy "TTie King of L.nff Bong." The chorus presents Eon; ckwer and novel numbers. Forty-Firo Minutes Prom Broadway. The same big hit as ever "Forty-flva Minutes From Broadway" Is drawing the same big crowds to the Baker this week. - The popular ' songs, - "So Long Mary, "Mary Is a Grand Old Name," eta, are all introduced. , "Via Wireless at Bungalow. -Via. Wireless." at the Bumralow. is a great scenic melodrama which ran six months at the Liberty theatre. New York, two seasons agu. , The scene shows the wireless in rnu operation during time of storm at sea, . ' ) m i i ii c ; . . V ' Max Flgmaa at Ilefflg Tonight. Tonight at 8:15 o'clock and continuing every night this, week, with a special nrlce matinee Saturday, the attraction at the Heillg theatre will be the fa mous and favorite actor; .Max jsigman, la his latest comedy drnana. success, "Mary Jane's Pa." , ' VT ,, , K M "' Sat Sale Pridsgr tor "Madam X." The advance seatusnle will epeat next Friday December X for -Madame X." Henry W.. Savage wia present tMs widely discussed dramaUc success, at the BelUg theatre, for four nights, be ginning, next Bandar. December 4. .. , Great Bill at rntesrsu ttm bKt tmnderllle bill ef the season ia affnrMl at P&ntaee this week. - TOD- lined by Shepp's dog, monkey and pony circus, the program Is completed by Mile. Meroereau in her classic panto mime the Hawaiian Beseaaders and five other all-star acts. , fc " . ' ' ' Wizard of flo TIoBn. Bomarn. the wizard ef"the vloBn, hi a great success this week at the Grand, This is one of the finest instrumental acts to visit Portland hi months and the selections of ' Bomaia axe of the kind best appreciated. COAST MANAGER OF ' WIRELESS UNDER BOND : Special Dlipetch te The JoezMd.) , Seattle, Nov. SOv R. H. Armstrong; Pacific coast manager of, . the TJnlted Wireless Telegraph company, whose testimouy resulted In the Indictment of C C Wilson, president of the eencern. on a charge of unlng the mails for fraudulent jpmrposes, - was yesterday placed under a bond of $500 by Judge Hanford of trie United Btate district court to insure his appearance at the trial. In new Tork next June, AT THE THEATRES At do rictare Theatres. ; "Two inter eetlinr- dramas, a rattllnr comedy, a ie musical offering, music by the orchestra, and travelogues com prise todays new show at the Star the atre. Programs at the Oh Joy, Odeon, Arcade and TtroH . also change today. : Marrelons Griffith at Orphemn. ' One ex the' entertaining features of this week! bill at the Orpheum Is the offering' ot the Marrelons Griffith, Be does some -wonderful things In multi plication and memory, tna performance .-. i i , i i SISTERS OF HOSPfTAL SUE , CONSTRUCTION COMPANY The Sisters of ST. yranois, at Pendle ton, Or, have begun suit In the circuit cburt against the Pacific Coast Con struction company for 346. alleged to be due for hospital services furnished for the defendant company. , " - Jlmmle Dunn's ' AnntTerasry Bale starts. v tomorrow, December L u Men's overcoats, cravenettes and salts, Boom SIS Oregoniaa building. , - ; -v e Botler akattng, a healthful exerciser 41 f. ,....l.c2 v f ii c" i - - i ';':f5'f '5'' . I II I ' I II I ' s ' .vmmcrAtti ' l I f I ( 1 . .. i, IA1 ami 'v?A:yA Just as good in every way as those you pay $20 and $25 for in other stores. WE HAVE FIVE STORES WE BUY MORE CLOTHING WE SELL MORE CLOTHING Than any other store and are satisfied; with smaller profitsrThese are some of the reasons why we give BETTER values than any other storcl 1 -AAii-nV end 0A1T J . 89THIUD 1st end YAT.miLt es am m, se. sm m W v k . 1 '- J 1st cna r.iuiuuauu i Sny:.a;VaiamiB Llay Pay for It on the Club Plan Q2 When Purchascdt Ql a IVcol: very Visitor to the Store Tomorrow Receives a Free Ticket to the Apple Show at Majestic Dnildinst 5th and Washinstoa StSe ? : A Tl iT a ' rmi Vl r : ' TO HA a A - aato CSaiis lo .ISing--From Nov Until J&aaaBrlpg-;tli3 Children; to Meet Him 5th FL-Clsver Tricks, SM!1, ArauGeirat rhs r-22ier a Frank Store Offers To? morrow Drccs Goods Remnants at Half Soiaonstration "Mysto Magic" On the Fifth Floor See Mr. Richardson of Wcvr York Gty perform the most derer "' tricks ia sleigitf ofh3nL dairy," ia owr Fifth street window sad on the fifth floor in ihe Toy' Department - Call today. Every trick Mr. Richardson does, yoq can do. Alt these tricks for sale here, and full directions go with each trick. See the escape from fee famoos Kei lar trick trunk in the window -daily at 10, 12, 2 end 4 o'clock. Pont miss it. COME TO ,' PORTLAND'S LARG EST AND BEST TOY DEPART. MEHT TO SUPPLY', YOUR NEEDS IN TOYS FOR XMAS. Red Cross Stamps For Sale, 1st Floor Hrfp eradicate . the white -plague in Oregon. See that " there' is a Red Cross arnp on cvWy r-e jon send out for Christmas. Red Cross , stamps are - for sale at the Meier & Frank store in a booth on the First . Ffoor, presided orer by Mrs, David fXoncyroan, Mis Kathryn Bams, Mrs. Chauncy Winskrw and Miss Edith Gordon.; Arnount collected up to last night in this booth was $51.20. The Meier Frank Store Offers To morro7$1.60 Silver Bread Trays at 99c : r vAt te Sign of the ?' The Meier Q Frank Store Offers To morrow 7Sct 85c, Q 1 Cups, Saucers 59c En fclis Basemen t Annex Toay and Four - in -Hands, Band Bows and Band Tecks and String Ties in all . the very best of styles "dnd colors. ii omorrovSaleWomen-s Crepe Waists l1og-'$ 1 3.50 Values, Special at IIade of Tuscan crepe and trimmed with hand-embroiderea and crochet mc dallions. Very stylish models, nicely made and finished , They p p a p are regular $12.50 values but are offered to yon special at only 0 & ? Semi-Hade Em broidery Corset Coversgat 98c Tomorrow, In tht Embroidery Section, first floor, : Appenzclle, ribbon trimmed. Each one ia a pretty individual box. 1 . ' . Qnr regular EOc, 75c and $L00 val nes. Choose your Xmas gifts from' this great sale, of 20,000 Fine Ties: Take Lunchin 7th Floor licstanrant Hear ti HeiBg Theatre Or chestra play while yon enjoy one of the best loaches ycrnSre ere eaten., ' i - ,.)" , s.v This" popular section Is in charge of Mr. W. B. MartHn, formerly .of ; the Hotel Port land. ; ' ' ' ' , .'- ' - Ltmcheoa''dair from 11 to 209. ')- ; . ' ' Sattirday evening Table dHote Dinner from 5 to 8. v , Special elevator service di rect to tea room. No waiting. Appropriate Xmas GiftSnggcstionsfcr tho Young Danghter CJitWTs far set Crocbeted sl!pprs, Child's sweater .suit ' Child's sine klmona. HunUy"s and Palmar's tm sorted animal crackers In fancy tins. - . Intttel haadkerctlefs ta Btrvnity boxea. Parr of gloves la lusty boxes. Mnslo roW, scrap boc4c . . v,r ' Six yards of ehaTUs far a' dress. ' Bead necklace;' bracelet Wash sets (tubs, boards, ttn bneketa, etc).. " , Doll trunks, tables, beds sad ebalrs. Don furnitora set. ' - , Tricycle; doll ro-eart - ' ' Doll china ctofiot; dTessed don. , .'Mechanical doDs Mechanical fur anlmala. Pewingr box; toy piano. ' ' Paint box and paint book. Toy carpet sweeper. : : , . r : ' Vhw in doubt parchass a Xerehandtss or Olovs Order fog aay anwmnt yon wtslL Thay ars always aooptsbls gifts. T6morroiv--Mea's Suits and Overcoat Reg. $25.00 alii03, Spscial at $ 1 5.00 Best models and materials. Come with Military, Presto" or convertible. Some are made of the Priestley cravenetted materials. Theyf 1 aa are regular $25.00 values, but offered special at this low price O HV. ixZTHm 1"" i. .r. .'ir'A' '" ' r " ' J W V L tVi mmmwmmmmmmammmmmmmmmmmmM mmm - saiisssn sua, t?M , affl", ri,i'.U, V " ,",. ,.? , , , ,. . , ! j RcmsmKcr the Groat Apple "Sale in the DascmcntChoic at 97c, gl.37y 51.4? and l.5Z Pox TgIic Advantano . A -'''' '! 1 H