. m 1 i MGEM " i i f M "What President TaftSaid t About procedure' Did Not , Refe to Oregon," Declares y Jurist; Law Is Quoted. ; Portland, Jan. . To the. Editor of The!' JournalIn, your leading editorial ! of t'ht 6th Inat., commentlnf upon the , action of the eupreme court of Idaho in ij f Inlnjr for, contempt the newspaper men, you refer to the majority report of the Judicial committee and criticised it as j reactionary. . I' am not defending the w supreme court of Idaho. In the case ro 5: f erred , to. I think that ,the court, In that case, is moat palpably wrong, but ; I. naturally, take .a different" Tie w a I ta the majority -reporl oft thos Judicial; i oommittea.il uy inference, If, not by dl-J i- recti statement,,!. The Journal:. eeeme to Vndorse the minority report made ' by ' jun Claris. vS far aa; the writer is con-1 v ceraed the minority report submitted by . Mr Clarlc wa never submitted o the committee at any meeting where I at tended and I do Aot think It was ever ' submitted to the committee at all and therefore the committee had no oppor tunity, so far as I know; to either adopt '1 j v.-, 1 .,w.-vf.r, !!'i:t 1 J-.-.fi -i i i .t i ; i . i . . r. . ,j t i, o nillre inlfioiity n-- (.) t a a K f.irm mi-rt!ure. The Journal l;u.i lii'ictoforo referred to excerpts from f iiit. i.iciila inftdo by - rrcaitlcnt Taff, Justice lirewor and other eminent law yers, In criticism of the law's delays and the law's rncthodH, and with the BtaU mcnts referred 'to I concur. ' I ' ' Kot Reactionary. ' "I am not a reactionary, and While I had considerable to do with the prepar ing of the majority report of the Judi cial committee, I beg to aay that this report is not 'reactionary.' What Presi dent Taft and"others said about the procedure 'did not refer to the Oregon procedure;1 It referred to the common law procedure the .very thing- that the Oregon eyetem'iof .practice has abolished. The Oreiron -code of procedure is more progressive than any code In existence. It Is practically the 'coda that was pre pared by ; the 'code commission In the state, of New York; and I think David Dudley, Field j was a .member-of It It was too radical for tfte New York legis lature .to adefpt, but Judge Deedy adopted it and . had it 'enacted as the first code of " procedure ' of. this "State, and. the other;codes"rl!f erred, to have been gravi tating) tpwards .the Oregon system and not away from It. It )s not claimed in the Oregoq. report of the Judicial com mission that the Oregon code is perfect What ta' claimed for Jt is, , that It 'Us moie 'f erf ept' than arty ofher'code call,ad to our attention; ad more nearly pea feet than-any .suggestions' submitted to uc for adoption. t , t i.. "j . r Oregon taw Quoted.':?, !. ' "For 'example,; take the minority re port of Mr. Clark; t page 44 of the printed pamphlet be'bas proposed a blU. nrovlded In' effect, that In a trial of a case no exception need be taken to, any !. . i in u..4 x.. i t... .' i. .c m ly i ..in t-y tl.-o f .it "at any tl.no ikhu the Institution of the action to the clc cf the trial hereof," muy be 'esiilsned a a error on ar-pcal. Let mo call your at tention to the law of Oregon se it now Btanda, for the t purpose of comparing the . present' law with this proposed re form statute ."First: By the constitutional amend ment passed by the people no case can be reversed by Una supreme -court for any. error that does not effect a sub stantial right,, and under the law at the present time the supreme court has held repeatedly, commencing In - toe Sixth Oregon, and on down, that where it is proper for a court to instruct a jury upon a maUertwhlch Is at issue at the Urial,-that, the mere fact that the court in its Instruction uses defective language,- or even erroneous' language, Is not sufflclAt to reverse a case on op peal unless the attention of the trial judge is called to the erroneous language and the court" la requested to give proper instruction.; ?f,V.,& V i1; "Under this ruling a case can be de termined at tom time and if no excep tion is takon, oo no request to give a proper Instruction Is made, -under the rule now in vogue in this state the error of the court la, waived, but under this proposed statute all this ir to be done iway with. , It Is not necessary to make any exception at all It is not.necesssy. to call, the,' aftoition of. the court, to mo, fact , that' the language used, by Jt- in instructing the Jury Is erroneous. It is not-'natessary that an ' Mnstrubtlcin In proper language' be requested of the judge. 'This can be silently passed by. A party, baa a' right to : speculate on his chances and if he loses he may . as sign these thlngVfbr wtot in the su preme court, and, according to the tenor of . this ' statute,, the case must be re- 1 i. ,' . ; I : . I ' . i W i . 1 1 V . I t I ' 1 t I II I , II, til llll, I , i ill r t iti ninth, ami ev-ry thins timt tho tn;i jorlty of tho Judicial com mittee umlertoolc to prevent, "I pretend to nay that the tlilpgs In the minority report that are referred to that are enHentlul, in no way have sim plified, or would simplify the practice If they were adoptod." ' , : THOS. O'DAY. PEA KERt URG ES II! ER "II AbEO nT r VIIIUL toucannot successfully attack the problem of prostitution until you make the wages Of sin lower 5 and the Iwages of virtue hlglier," said Professor W. T, Foster of the lieed college In address ing the Transportation club at luncheon at Multnomah hotel yesterday on the topic of the economio relation of social problems.' :" ''';'v:.:;i 'rv.'-.-';-:.'-"''1''..; 'Investigation has1 demonstrated," 'he continued, "that a vast number of girls and women In Portland are employed In shops and stores at wages that compel starvation or sin,' and unless conditions be so changed that these girls may earn' a fair jiving, so long will these women furnish recruits for .the Tanks of proa tltutlon." " 4..;; .,: "' . Professor Foster called : attention to the alarming prevalence of 'disease due to lack , of education, along , lines of sexual hygiene and ' Ignorance perpetu ated by conftplracy of silence. He called attention to the work of the past -year of the Social Hygiene society of Ore gon, and urged everyone to aid in this llll t 1 . J - it ( , I'M .i,,; i y In i ,, v 1- m v. ; t : . .i neec: i ry ltr j'tnpi-.r llvliu;. - lie h'-'l timt, eoiitrnry to the belief that fin:ha bill would lni reane the cot of llvlns'it would decrease it, as It would' relieve the community of carrying the burdea of vice. . ( i . Charles A. Hart spoke on "Reciprocal Demurrage." ie held that 'from the decision -of the supreme; court' ofj the United States yesterday . declaring, the reciprocal demurrage law of -Minnesota Invalid it would probably follow? that ths law will become inactive throughout the country and without any tiarm t6 shippers, aa in bis opinion the law never filled the purpose for which, it iwa intended, that of solving the car short age problem. . ' "In the common law, said' Mr.t Hart, "the shipper has a much more , formid able weapon against, the railroads than a law that prescribes a fine of ill, M or 13 a day for cars not 'furnished promptly. This was demonstrated: a few years ago when a certain railroad failed promptly to move a crop of ap plos at a time when cars were practical ly impossible to get", r'yi h,-y' V,s,rf ; H? it Keck, chairman of the day, In troduced the speakers,:;' '". " i gamereservepoacherI (. t$ 'h '(BpecU! : to TheourBd S '.??"! ? Pendleton. X)r.i V J4r - Ooyernor West- has T issued a pardon' to, J. 'I Edmlstoo, a local barber recently .sen tenced to 80 days 1n. Jail and $50 fine for disturbing birds on a gam pre serve, lit was the first offense of, Its kind In the state, which .was the reason for the pardon. ' , . ; ' , V t-lf the lidr.'Kenshaw. f i r ' (LJ)jl s "Slightljj used and discontinued . t L styles atGrcat Savings to Pur- l' i chasers:' ?'.,,..-: v:.r'. ;; y Emerson, dark case. . .$135 1 ,;sJ 1 Marshall, mahog.'case $155 (1. llKimball. mahoe. case. ' v f . Uine condition... c;.,.ffl8d -f' it: Stoddard (Circassian ' I :v 4 ) m walnut) ;.-:.;v:;;vytf;.-?ipoj 1, Sohnier i (mahoc:. case,' r ' fine) , i v w'v. : $210:; 1 s Cambridge (good as ifi ::y new) ,: f.' y ' 'i 'i 't. $175 "::A i ranich ahd Bach Grand,; aUo Upright iamascH hy ) ndlroad., Ai oppprtuw nbt preichtcd often. f .'''' 1 '-'j, .1 -.,.:"-'.. l.;:.'.4.'.'l - ' V i , ., ' , IViULaSEC s ' '. Ill FOURTH STREET . 1 - .-ii ........ i . il T-S, , . - , j 1 i , t . -. ' - i . t. , WITH-A GREAT 'CAREER 1 ' T?: TrsN a in y . n1 I . 1,' t . . A v. . '( :'.'. t - " -V. ' 'I rI'M' i ' ' i v ,V . I . . BM I. JfTll sK llll A II 'll'WII II II llll mU II VF IT.Jl II. inn 0 Tl ' TI 7 ... J , ,v I i , ' ' i t M t 1 1 tWe were ibrf tin ate eridu itiwith 'RSDAY, JANUARY 9TH, . AT' 9;00 A,:-M. tarGnesof41aFgestieO lijBINATION SALES: eve,pulleduoffiihtheinOTtrj pncesrtnat:wmtseu;inese two large sipcKs quicK, TH 3 i 1 ; - t . , 1 Stock consists pfLdieSiM ; t juwauico iiu xyxcii o x cuxuipu ouiLb, uuuci wcai,, oiuiiigc?,ytiDCUVuoiD ,; ; v v :anoes,!"Jiats, -and ieverytning.. mat j.canbe'tqiiijdTOa' , , Ladies :and Men s Keady-to-Wear Store. : . ; ; n i , ' 1 e. ' 'j 'r' ' .) . :1 "i :;,;r::;:i,, r:y. 10c Ladies' Handkerchiefs -qit to;; 2c, 25c Ladies Hose Cut to-, . . ; . V. ; . ; 8c 50c Ladies' Drawers tut to . . . .19c 50c Ladies' Kimonos cut to r. T. v . . ; 19c 75c Ladies' Corset Covers cut to . .'. ;?. . .39c i50c Ladies' Underwear (fleeced) cut to ; ..24c $1.0(yLadiesUni6n'Suits"(flececl)xut to..49c - $1.00 LadiesN Petticoats cut lo viVi '. 39c $1.00 Ladies' Petticoats (flannel) cut" to . . .49c , .50c Ladies' Hose (embroidered), cllt to'. 1 . . 12c $2.00' Ladies' Shirtwaists cut to.. .98c $3.00 Ladies' Ail-Wool Sweaters cutto. . .$1.49 $3.50 Children's Caracul Coats cut ton ;$1.98 $5.0p Children's Coats, allfsizes, cut to.: .$2.98 $2.00Ladies'3C6mbinations;(cmh'd) eut.to.89c . $2.00 Ladies'-Cambric Gowns (Ja'ce trim'd89c. $5.00 Ladies'. Skirts (all wool) cut to. . . .$2.49 $7.50 Ladies'4 Skirts (fancy trim'd)cut to. $3.98 $fo Ladies' Dressfis (all wool sere) cufto $4.98 $15 Ladies' Dresses (silk and messaline) : .$5.98 $25.00 Ladies' Dresses (velvet) cut to. . . .$9.98 $10.00 Ladies' Coats' (black only) cut to. .$3.98 $l2;ooXadies' Coats (trimmed) cut to. -.$4.98 $15.00 Ladies' Coats cut to . . .'. $7.98 ; $25.00 Ladies'. Coats (fancy mixtures or plain) cut to $9.98 $20.00 Ladies' and Misses' Suits cut to. . .$7.98 $25.00 Ladies' arid Misses' Suits cut to. . .$9i98 i $10,00 Ladies'-and Misses' Raincoats cut to $3.98 $15.00 Ladies' and Misses' Raincoats cut. to $5.98 . $17.00 Ladies' and Misses' Raincoats cut to $6.98 $2.00 Ladies' Comfort Shoes' $1.15 T-r I, 1 .v'fc .'J .I Men's $10.00 Suits go at . .... ... ..J.V,. 6Agt Men's ,$3.6o' HannelShirts . TV. . . . I . . .'$1.33 Men's $.15.00 Suits go at. . . r . . .$9.98 ) ' Aden's 50c Suspenders v. . , . . . . . .TlSc Men's $20.00 Suits go at i . ..4$l0.98 r Me h's 75c Mount H6odi Overalls 1 1' . . . . . .7 Men's"$12.50 Slip-on Raincoats. ,.L . .I:$655: 8 Men's $1.00 Dress Shifts?:: .". . , . TIEz Men's $20.00 Slip-on Raincoats'. Men's75c Work' Shirts I r.V: .s;. .Ii. . V; ;.;3Dc Men's $15.00 Overcoats . .v,. .$7.&9 Merits v$3.00 Shoes' . -V. . A j. . . . ; . .$irC3 Men's 15c Hose A..'.i.'7c'; ?tM'en's $6.00 Hi-Top-Shoes JJ .'...:. .$3.19 Men's-35c Wool Hose jl2?c 1 -.Men's $2.50 Hats . . . W: A-!T.v,. . . . . .C3c Men's $1.50 Wool Underwear . . . . l.U. .. :39c . Men's $3.00 Hats . . . jM . . .$1.33 Men's $1.50 Union Suits V-.,. .-.'ABite? 'Men's $3.50 Pants, r. . . .t). . .v. . . ; .$1X3 Men's $1.50 Sweaters . .; ..6Sfc 1 Men's $2.50 Corduroy Pants ' J... .$1.43 Men's $2.50 Wool Sweaters . .'.98c ' Menfs $5.00 Dress Pants' i: $2.Q . I I I ,1 .Ill .1 I I II II I I . ...... . . ... '" 'iJ' : , 1 'jyA-ry-: i.;..,.;., ..,..,,. j-' V.r-U--::.-S .;'i..i'',y,' w..::,.:V'v:i.,i.:i ... ......... .y 165 AND 167 FIRST STREET BETWEEN MORRISON AND YAMMIL". - Its. JttSTT