. 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 .
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'( :'.'. t - " -V. ' 'I
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I. JfTll sK llll A II 'll'WII II II llll mU II VF IT.Jl II.
inn
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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