Tlin OREGON DAILY JOUKNAL. PORTLAND. ' TUESDAY EVENING. DECEMBER 2D, 1910. mews hot MM Second Fire Within 2 Months Attributed to Those Op-1 posed to Liquor. . I For the second, time within about two months a ,. building In Estacada leased by the Mount Hood Brewing . company of. Portland, and occupied by J. N. Foster as a supposed soft drink parlor on th first floor and utilised as a rooming house above,, was burned be tween 12 and : i o'clock this morning. Th fire-was of incendiary origin ap parency. , The btUJdtng was owned by Frank Michaels of Gresham. "This is the second time they , have borned roe out," he said this mocning. "I suppose It was because of the sus picion that liquor was being sold. I leased the building to the Mount Hood Brewing company and 1;,' understand that it had a man running the place. He has been arrested ,for .selling liquor and there has been hard feeling. The last time the building burned, I had no Insuiance and lost $90Q..- This time I am partially Insured, bat I will again be the loser." The Estacada volunteer fire depart ment responded to tbe call after the fire had been discovered, but the flames had gained such a strong hold that the build could not - be saved. It borned to the ground. ' '. ' '. The upper fltt was conducted as a rooming house by Floe Henderson from Portland, i Srte was not at borne at the time of the fire and the rooms at the time being Were not occupied. Many persons In Estacada disliked tne place and regarded with suspicion. , , The loss on this morning's fire was about 12000. ' , i: V.W, DEFIANCE FRESr Truce Terminated and Notice of Purpose Served; City to Devise New Plan. (United Pmw Imm Wlft.t f Fresno, CaL. Dec. 20. The truce be tween the civil authorities and 'members of the, Industrial Workers of the World by which 74 Industrialists in jail here for vagrancy were to be released pend ing the hearing of a. test case wa ab 1 ruptly ended yesterday y officials of the workers, who notified the district at torney's office that the agreement was. of f. - The announcement was made as a deft, ' and lit; yas stated that the; figuti which has filled i Fresno's - Jail and clogged, its court calendars, all winder, will be renewed with Increased ieal. , I "We will flood your Jails; and cost the county a fortune to support s, but we will not compromise," was the sub stance, of the Information imparted, to the district attorney. I The reason for the change In attitude is not known. Prior to the ultima tum ; the authorities believed the test suit was satisfactory to all concerned and was an easy way out of a difficult situation. . v , ' v The city trustees will meet tonight to l-'U&M'V i Fined for Speeding, i .Another $50 tine was" assessed by Po lice. Judge Taswell this morning for auto speeding.- The victim was H. A. j dimming of the Portland Motor car company. He waa arrested yesterday by Officer Sims at Grand avenue and East Plne or1 speeding within the fire limits.' y?r; i-iiX. THREE ARRESTED IN FIGHT " (Continued from Page One.) " . Each person Is charged with conducting a disorderly bouse. - , , , The statement . has been made out side of court by three of the persons arrested that they propose to tell how they have been giving money to cer tain members of the police department. One lodging house keeper said that a member of the department called at his place regularly, drank a bottle of 'beer, and took money. Another keeper said It was understood that money was to be given the . policeman, when the officer came Into the place. Still other lodging house keepers say they are afraid to tell of graft for fear they will have no rest" from police persecu tion, .. As the .IS people arrested are only a small fraction of the number engaged in questionable lodging house business, and other places well recognised as dis orderly houses, the December grand Jury is to continue the Investigation. Houses are running openly on Seventh street, In the Vicinity of Park and Mor rison' streets,: and at other places up town. .Chief of Police Cot has stated that they have all been notified to close, but the proprietors djclare they whave received nonsuch word. .--. SUPREME COURT ; MAKES RULING ON , py .NEW AMENDMENT i (Continued from Page 0e.) incident to a denial of the writ; third, whether the petitioner has any plain, speedy, adequate' remedy in the circuit court; and fourth, whether he has a remedy by appeal. - ' , , ' "As , to the first, it is well ' known thaU at the present time, the docket of this court is greatly congested, and it follows that, if we take Jurisdiction of this matter and proceed with a hearing, other criminal cases ' eqoally meritor- lobs, - some Involving the question , of life and death, and nearly all involving the ' present, Imprisonment of the parties- concerned. will have tobe post poned to 'Ihe consideration of the case of theso" petitioners who are confessedly guilty of some crime, the particulars of which do not appear. f Other Eemedlsa Suggested. ' "It does appear from the Imperfect record that they appeared- in court, pleaded guilty to an offense against the laws of this state, and craved the Im mediate sentence of the court therefor, and that thereupon the court sentenced them to i,an Indeterminate term in the peni tm ti a ry t '"" 8o"-f a rthe "proceedin gs seero. to have been regular, but the law maifs It the duty of the clerk to enter in-the Judgment the crimefor which the defendant was sentenced, and this he has failed to do; so tliat Roberto and Martlnes arAin danger of remaining in definitely inlthe bastlle unless this In- MA advertence is corrected. But these gen tlemen have several plain, ' ppeedy and aijuate remedies. An obvious one is to apply to the court to require the clerk to correct the judgment entry to correspond with the facts. Another is to appeal to this court In the regular way and have the Juasrment of the cir cuit court reversed or amended. And a third is to apply for a writ of habeas corpus before a Judge of the circuit court, and find their redress. With all these remedies in other courts open to them, we do not think this, is a case wherein this court Should exercise the extraordinary Jurisdiction conferred by the recent amendment to the detriment of other and more meritorious business, "The petition Is denied." Justice Eakln in his concurring opin ion reviewed at length rthe decisions illustrating the exercise of a court's discretion and said; "The. conclusion is Irresistible,' that the new Jurisdic tional provision contemplates that the application to the supreme' court for any Of these writs 6hould only be en tertained in .case there Is some good reason why it cannot be issued and heard by the circuit .or county court, which does not appear In this case." Justice Xing Dissents. Justice1 King took strong exception to the opinions of his colleague. .'The object-of this amendment In my . Judg ment," said .Justice King, "was to reach such cases as the one before us and thereby avpld the delays incident to an appeal from the .county and circuit courts to this court. These delays often work to the prejudice of the state; and at other times occasion great injustice to those' unlawfully held in custody. "Manifestly the amendment had some purpose in view when It gave to the people affected the right to apply to this court for a writ of habeas corpus, and this cause, it appears to me, clearly Comes within the class of casee thereby contemplated. The argument that fit may impose additional burdens upon a long suffering and overworked court should have no weight ; It is not for the courts to say what should be thrust upon them by the law making depart ment; that is a legislative and not a ..... -i-i-i-,-.-ri".-MWWuxn 0 This Hmt Mady Cough Syrup (Vltl Surprise You Stops Even Whooping Cough Quickly, a Family supply . at Small Cost. Here is a home-made remedy ' that takes hold pf a -cough Snstantly and will usually cure the most stubborn case in 24 h6ura. This recipe makes a , pint -enough - for a r whole . family. Tou couldn't "buy as much or as good ready-made cough syrup for $2.60. Mix one pint of granulated sugar with pint of warm water and stir 2 minutes,- Put 2 ounces of Plnx (fifty cents' worth) in a pint bottle, and add the Sugar Syrup. This keeps perfectly and has a pleasant taste children like it Braces up the appe tite and is slightly laxative, which, helps end a cough. , You probably know the medical value of pine in treating asthma. ' bronchitis and other throat troubles,' sore lungs, etc. There is nothing better. Pinex Is the most valuable : concentrated com pound of Norway white pine extract, rich in gulaicol and all the natural heal ing pine elements; Other preparations will not work in this formula, i The prompt results from this Inex pensive remedy have made friends for It In thousands of homes in the United States and Canada, ' which explains why the plan has been imitated often,, but never successfully. . , i - . Some' of the best known' Portland druggists, such as Isue-Davis Drug Co. (distributors) and others, think so well of the above recipe that they guarantee It to give satisfaction-or refund the purchase price, FOR THE NEWEST VISIT TH6 STYLE STORE I L25fiKrsJK tCA J 7 -54iS.Jir OtsJlNr rVSt Jt. V I VJ SPSS. Of the real sensible, practical and uleful kind are offering themselves here, there and everywhere 'all over the v ' ' ' store. But few short of a thousand customers availed themselves of "our" liberal Christmas offer and have se? Iected their things for themselves and Christmas gifts for their dear and near. You can do likewise. No cash required not a cent." , v , . It f I ll ll .VKUl . Which is now at its height, entitles' you to select anything throughout our entire Cloak and Suit Section witti - out paying any cash at the time of purchase not .a centand without making" any payment before January, , ; .1911. Use your cash for other purposes. Now is your time to prove your generosity toward mother, sister, wife and daughter without material inconvenience to yourself. ' No cash required-not a single penny. Do it now. SENSIBLE, PRACTICAL AND USEFUL GIFTS TAILORED AND FANCY SUITS , , - V , . ;; . L . . CLOTH. OR. RUSSIAN PONY COATS -.'-uVu, Z xl. -1 SEAL, PLUSH AND CARACUL COATS . , N FUR SETS QR SEPARATE PIECES f SILK, NET AND LINEN WAISTS ; - ' AFTERNOON AND EVENING DRESSES ; v ; : sweater coats and silk petticoats . , ' millinery And umbrellas. ; , raincoats and sup-ons . ; corsets and underwear r ; hosiery and shoes, etc. r " , - ' - Select What You Want and ' , ' ' ' V .Till January, 191 i, When You Begin to. Make Your Regular Easy Payments to 1 , ' '' ' - ' , ( 'convenience; r llM fill X The Store Where Your Judicial matter: "The holding to the effect that these prisoners may apply to the trial eoort for a correction of the record to con form to the ' facts Is novel and new In Its application. '' It Is not within : our province to assume any state of facts not disclosed by the record before us, 0 For -X i Jr.-,y:: : s- Hi y. . y- k- ;, ' X N Credit Is Good. mi w nor can we legally do so without, first granting the writ and procuring a re turn thereof." . Besult X Step Backward. Justice King's opinion concludes as follows: 1 deem the result announced by my associates a long stride towards a suspension of the ' writ of 'habeas Books Are The Best Gifts Children Of All Ages ' And we cordially invite yon to visit our children's book ' de- ".; partment, situated on the ' sec-, ond (2nd) floor connected by- , elevator and new iron stairs. If jrpu hare not yet completed ..",. your gift baying" for the children- all ages ome to out second floor and choose from the largest and ' most varied stock in the city.V The . prices are as little or as much as : ,' you may care to spend. , - ' This nnusnany attractive border has been reproduced from the La dles Home Journal. It was drawn by Grace O. Wlederseim. The J. K GILL CO. THXKD and T.TKit 8TKE3ET8 s "portlartoslieal 5lft Store .-'Kg' J-S WE ARE ALWAYS FIRST TO SHOW IT (0 : IMMSM Klk I mm umm "-wiyi-M-fl-fl-Miivi'm-wr: corpus. It Is a etep backward m the progress of the law, and I think clearly inconsistent with the reason and spirit of the habeas corpus provision of the Judicial amendment to our. constitution. Thevwrit should be Issued and the final outcome be determined upon the showing made thereby," , Hi- s MM Suit Your Income and , Washington St at Tenth. " " sole, Agents V six pairs ima CUARWITEED KO : piffll Men's box of 6 prs., $1.50, $2.00, $3.00 Women's box of 6 prs., . . $2.00, $3.00 Children's box of 6 prs.,, . . . .v. $i00 . . . ' ' . .'. Men's and Women' Pure Silk Holeproof ! .' I ... ..... . '. . . . i , - ft ' .).,;.: V . ' ' -i. 1' .. . ;'. ' ' .. f ' - i -' ' ' . ' l' ' I-'' . "" V. . - ' i ". ''..'.'.'5: ; "- . ; ': ii . . ''' -Y '-.. k. .:-...,'"'. ' . .. - .-.. '.-'-''-::l,-'. A-;v : -. " V i .. '.- .;" ''"' :jV: ' ' v ' '.."...'.",:' ' i' . : Mail orders promptly attended to and delivered free of cost to all parts of USM Canada and Alaska. , " ' '"'. STORE OPEN EVENINGS UNTIL CHRISTMAS Are You Proud oS -Yohp lIAM(Q)ii have, but" making it .necessary to' apologize for it? EVERYBODY KNOWS That you never need , to defend a diamond bought from . Marx & Bloch ; that it stands on, and may be judged by, its jr own merit.-Ifwe have an enviable, reputation as the largest and best diamond merchants in Oregon, it has been made by selling only, the highest grade of diamonds for less than others charge for' the "ordinary kind." , OUR ADVANTAGE Is in our buying facilities ; having two stores we naturally sell' more and buy in larger quantities from one of the v largest diamond concerns in the world, who do not sell retailers in Portland. , ,. ' . Be sure to see our'stdck and get our prices before you - make your purchase, - EASY PAYMENTS .For: those who cannot or care not to pay cashi without extra charge m58Si& IA1K3BST DIAMOND DMffiS IN QKEOTi i'"' 283 M0KKI5OK sST. I- 74 THIRD CT. 1 1 mm bnnstmos mi C01ES - 6 KOMTHS Are you satisfied with their beauty, color and perfection ? Have they ever suffered by comparison - with other stones? . Has anyone ever said to vou "That is a larce diamond von c TM$m. MASimO'CTSMSC FEEXOTS; MEMS