Tin: o: :.co;j daily joukfjal. I'o::tla!ii, ij:iiay :yr.inrjc. jum: 7. 10a
Dili
III
EGTED VERDICT
MB CASE
FULLYJUSTIFIED
Oregon Supreme Court Dec!
sion. Holds That Holding
Over of Accused Constitutes
Probable Cause.
Thor la a grat deal of comment pro
and con over the directed verdict In
th caae of Barnea veraua SHverfleld In
. Judge Davlar court Wedneaday.
A fact generally loat eight Of In the
comment 'la that there la a decision of
the Oregon auprem court which holda
that the holding over to the grand jury
ty a magistrate of the accused la a auf-
flolent fact to conatltute probable cause.
It was on thle decision that the direct
cd verdict of Judge Davis was baaed
and many lawyer familiar with all the
i clrcunfMancea Insist that Judge Davla
was entirely within his province In di
recting the verdict. ..,..'.-
It has aluo become known that a firm
of. laWyers other than Collier & Btott
was originally asked to take the case.
The members Of that firm looked Into
the law and the facta and when they
encountered the decision of the state
supreme court relative to probabia cause
they declined to go farther. Members
of this firm Insist that In .the original
prosecution there was not. sufficient
testimony for reasonable expectation of
!a convlctlen of Barneo; but hold that
the decision of the state 'supreme, court
left no alternative before Judge Davis
but to direct the verdict.
In the original prosecution the hear
Ing of the charge against Barnes was
before Justice Bell. In announcing his
. decision the Justice said he did not
think there was sufficient evidence to
expect -a conviction, but that It would
probably be best to hold Barnes to the
grand Jury. The grand Jury promptly
returned a not true bill, and the suit
for damages by Barnea against Silver
field was the outcome.
The supreme court decision says that
the binding over to the grand Jury of
a defendant is conclusive evidence of
probable cause, except in caae fraud or
undue Influence be shown. The ; de
dslon was on an appeal from Grant
county about four years ago. and was
on a suit for damages similar to the
present case.
PODS
T
IN
SUBJECT OF CRITICISM
Portland. Or., June 27. To the Editor
of The Journal Certain interviews con
cerning county affairs which I have
given having been reported with some
inaccuracy. I desire to make the follow
ing statement so that my attitude on
county affairs may be understood.
In calling attention to the condition
of Multnomah county afaflrs and the
lack of method In transacting county
business existing when I assumed my
duties aa a commissioner of the county,
It la not In the spirit of fault finding,
nor do I question the character, honor
or Integrity, of any man, but with the
' Idea of calling attention to these con-
dltlons In the spirit expressed by PresI
dent Woodrow Wilson of "letting light
into the dark places," and concerns the
method rather than the man; and with
the Idea of suggesting what remedies 1
am able to devise with the assistance of
what experts I am acquainted with In
each particular line of endeavor.
Inasmuch aa th9 transacting , of
county business is a publio proposition,
It Is my theory that the people should
at all times be advised regarding same
even to the minutest details, and I am
endeavoring to install records and
methods which will bring about these
results, and trust that particularly the
different clubs and leagues whose ex-
cuse - for existence is an Interest in
: publio affairs will Investigate tha-dlf-r
ferent lnstttutons of Multnomah county
and will become acquainted with the
- needs of the various institutions and be
come well informed upon county af
fairs, so that when It comes time to
work out a budget of county affairs for
next year, the board of " county com
missioners may have the Intelligent ad
vice and assistance of well Informed
and capable persons and that a Just and
sensible tax be levied for county ex
penditures. RUFUS C. HOLM AN.
HANSEN AND DOLPHY IN
CITY SERVICE AGAIN
The city civil service commission haa
approved the markings of examination
papers written by applicants for the poi
sltion of curator of the city museum.
The appointment of a curator will be
announced soon. i
Henry Hansen, a former policeman,
was reinstated on the eligible list by
unanimous vote of the commission 'and
on the recommendation of Chief of Po
lice Slover. Hansen was wounded in a
fight with highwaymen when he-was lit
f the service of the city some years ago.
A. V, Dolphy was reinstated to duty
In the fire department. The fireman
:; was dismissed recently for having par
ticipated in a brawl with his fellows.
Crowd Leaves Tomorrow for
Michigan.
Two special Pullman sleepers carry
ing home-going Mtchlganders will leave
: Portland Union Depot via the O.-W. R.
& N. tonight at 8 o'clock. Those
who have not already procured tickets
run Still do so by applying to City Ticket
Office, Third and Washington streets.
Phonea Marshall 4500, A-6121.
cons H
f.lADE LONG AGO
City Relaying Water Main
Which Proved Defective;
Many Breaks Occur.
At a coat Of approximately ; 150.000,
the city Is at present relaying an Iron
water main In Fourth street to rectify a
mistake made 22 years ago.
The pipe waa laid about 1890. Al
mosr-from the start it proved defective.
Though no apparent reason could be
discovered, there were numerous breaks
in tt, which caused disastrous floods In
the street wherever they took place. It
broke unaccountably anj at places far
removed from each other.
' On account of ttime breaks which at
different times have Involved the city
In damage suits, and have been costly
In repairs tli pipe has been In partial
service only for a number or years.
' Other Brefts Oocnr.
i Vot the last two year, since a bad
break at Fourth and Ash street, and
another one near iJurnKlde, It has been
out of service altogether. The Ash
street break Involved the city In twij
damage suits, one brought by the Paci
fic Paper Co., the other by the - Blakei
McFall Co. There was no question In
court as to. the dnmage Anne by ' tlu
water, but only as to tliMflty's liability
for defects In the pipe.. One verdl.rt
was for and the other against the city,
but both were appealed and are now be
fore the supreme court.
Other breaks at different timet have
Occurred In front of, the court .house and
at Yamhill street. There have been twb
or three others, according to Englnenr
Clark of the water department.
Examination of the pipe has showed
It to be seemingly In the best of con
dltlon, the defect appearing to have
been In the laying. One theory was
that tha Jar from passing railroad
trains was responsible for the many
breaks.
Mala 18 Blocks toag.
On this account, the new pipe line
Is being laid four feet deep, half a foot
deeper than the old one,' The size of
the new main Is the same as that of tha
old one, 24 inches.
The new main would not have been
laid at this time had It not been for the
repaying of Fourth street In the near
future. It was decided by the water
board that as the main would have to
be relalj In a few years, being useless
as It was, it should be put down before
the new pavement is In place so that
It would have to be torn up.
In tearing up the old main, tha pipe
has had to be cut so that It will be
practically worthless. except as Junk.
The main Is 18 blocks long, extending
from Jefferson to Davis street
'AEEL POST C. 0. D.
ME
WAY
THIOIIIiLif
mm
COURT
Manager of Salem Canning
Co. Fined for Working
Girls Overtime;
(MIitu Ilureiu of Tha Journal.)
Balom, or., June 27. -E. C. Qulnn,
manager of the Bulem Canning com
paiy, which la a branch of the Oregon
Packing company,' of Portland, was
fined 25 In Justice of the Peace Web
ster's court yesterday afternoon for
working girls over 10 hours a day. It
is expected Mr. Qulnn will appeal to
the higher courts In order to test, the
question as to whether tha general 10
hour law enacted by the last legislature
repealed tha specific 10-hour law for
women employes, enacted previously.
The compluint against the canning
company was made by Labor Commis
sioner Hoff. The facts In the case were
stipulated yesterday afternoon. It was
admitted that the company employed
girls and women 11 hours a day, that
because of the presence of the fruit a
necessity existed, that the company
paid the, women time and a half pay tor
overtime and that the company believed
they were legally acting under the new
law. . ,
The attorneys for Qulnn demurred to
a-ttw vvmiaiiik vis ill ii'Uiiu inav
old law was repealed, and Judge Web
ater .overruled the demurrer. .,
ROOSEVELT AND W. J.
BRYAN RECIPIENTS OF '
WASHINGTON CHERRIES
Beginning July 1, next Tuesday, the
O. D.. feature of the parcel post will
go into practice In the postofflce aer
vice of the United States. After that
date, for a fee of 1) cents, payable in
stamps to be affixed on the package,
tha postofflce department will collect
on any sum, not exceeding 1100. The
C O, D. stamps will also serve to Insure
the package for the full value of Its
contents, not to exceed $50.
With the new system only five days
distant, postofflce authorities in Port
land admit that their minds are practi
cally blank on the new system. Not a
supply of any kind to be used in this
business and only a very few scraps of
isolated information has been received
regarding the operation of the innova
tion.
Postofflce officials complain that
while they wait for the information an
supplies. me eastern orrices are
equipped.
One of the instructions is that the
service, for the present, will not extend
to the Philippines or to the Panama
canal xonar; "
Carriers, bothjrfty and rural, will ac
eept the packages from senders along
tneir routes, and receipts will be mailed
from Aha main offices. The parcels
win da registered l(ke registered mall
or the first class. .
DISPLAY OF TEMPER
COST PUTMAN $10
Ruffling the Judicial dlanitv nf Jtirlt
Jones of the district court yesterday
morning by calling another man a liar
cost L. L. Putman $10. Tha fine for con
tempt waa assessed by Judge Jones
after he had decided a case aealnst
Putman and was about to leave the
benc.i.
Putman had been sued for $14.70 by
Frank Masson, a cement dealer, who
alleged that he had received a telephone
message regarding the delivery of sev
eral sacks of cement and had delivered
them to the Putman residence. Masson
said that Putman had used it in build
ing a house, but had refused to pay
for It. After hearing the evidence
Judge Jones decided that Masson was
entitled to the money and gave Judg
ment for the. amount.
Just as the court was about to leave
the bench, Putman became angry and
told Masson that he had never ordered I
xne sturr.
"Well, If you didn't, your wife did,"
rcpuea Masson, -
"you are a . liar," retorted
Putman.
"Mr. Putman, you are fined $10 for
contempt." intercepted Judge Jones.
: Putman was given time In which to
pay the nne aasessed against him.
. - Journal Want Ada bring results.
' (Special t Th. Journal)
4 Kennewlck, Wash., June 27.
4 Two of Kennewlck's citizens 4
e are elated today because of the
letters Just received from Theo-
dore Roosevelt and William
Jennings Bryan acknowledging 4
the receipt of a shipment of
4 cherries to them from this place. 4
Two weeks ago when cherries
4 in this section were at their bent e
a half crate of choicest Blnga
4 was shipped to each of these
e men by R. L. Banta and Miss 4
4 Stella Hanson, . cherry growers 4
4 of this valley. 1
4 The letters stated that the
4 fruit was In fairly good condl-
e tlon, which Is evidence that 4
4 Washington fruit can be shipped 4
4 to almost any section1 of the
a United States successfully. Mr.
4 Roosevelt received his cherries
at Oyster Bay, while the secre- ' 4
tary of state acknowledged the
4 receipt of his from Washington,
D. C. 4
Requisition Tapers Issued.
6leiii Bureau of Tbe Journal.)
Salem, Or., June 27. At the request
of District Attorney Walter II. Evana,
of Multnomah county, Governor West
yesterday1 Issued a requisition for A. B.
Conley, of La Grande, who is under ar
rest in Boise and Is wanted in Portland
on the charge of contributing to the de
linquency of a minor on November 8,
1908. The extradition of Clarence Ami-
berry, wanted In Wyoming for larceny,
was granted.
Salem Petitions for Depot.
8Hlem Bnrau nf The Journal.)
Salem, Or., June 27. Citizens of West
Salem have petitioned tbe railroad com
mission to order the P. E. & E. Railroad
company to provide a depot at tbe cor
ner of Johnson and Second streets. The
petition states that the company hat
two depots in West Salem and neither
one is near the center of population.
JNB1E POLICE
RULES ME MADE
Boy Judge and Prosecuting
Attorney to Be Named in
Each Schopl.
' With the student body government of
tlvi Kteiitifhs school us a model, the
lu.llclal and legal side of the Junior
police is to l arranged. A boy Judge
and prosecuting attorney will be numed
in each school to take care of all trou
bles between boys and girls which are
not of suclua serious nature aa to re
quire lhe flrnllon of adults.
The qualifications for membership
In the Junior uolice are as follows:
Captalna munt belli years old or older,
sergeants 14 years or over, patrolmen
14 to It years.
Approval of parents is necessary be
fore a boy can become a member and
the recommendation of the principal of
the school or of five reputable cltlxens.
A list of the names, ages, adUresses,
telephone numbers and rank of officers
of each district must be made and, a
copy sent to Chief Probation Officer
Mcintosh and one to the chief oc police.
A captain will bo elected by the boys
of each school. He will appoint all
sergeants needed. and, ona sergeant must
have under him at leasts 0 boys.
The rules unuer wnicn me junior
nolle will Wurk aTre aa follows;
Boys wilPwork under supervision of
their , school principal.
All official reports must oe maae in
writing to. their captain.
Captains must send all reports per
taining to minors to the Juvenile court
and report all offenders ever-18 years
of uge to the chief of police.
Complaints must contain full name.
age and addrevs plainly written, giving
full titatement of trouble.
Boys under age must be kept off
street after hours.
Officers must observe the curfew
law.
Officers disobeying the above rule
are subject to having their badge and
commission taken- from them.
Report boys under 21 years of age
who smoke cigarettes or use liquor. L
Report all boys who commit pettyl
larceny or use bad language in the pres
ence of girls.
Officers must not work outside their
school district unless otherwise ordered
by their superiors.
Officers should assist In keeping yards
clean and notify persons dumping dirt
In streets that it is unlawful.
Auto drivers should be notified If
their lights are out after1 dark.
Keep persons riding bicycles off side
walks.
Report inhumane treatment to animals
to Humane society.
CLARK WANTS HARMONY
IN POLICE DEPARTMENT
Harmony In the police department
will be one of the first things Chief
elect Clark will tell members of the
department ha wanta. In his talks
Tuesday and Wednesday afternoon
with Chief Slover, the newly appointed
chief strongly emphasized the need of
harmony.
From casual observation the last few
days, the new chief says he thinks
there is room for Improvement in this
line. This applies to detectives, unl
form men, plain clothes officers, tho
harbor police and department of safety
for girls. The new chief believes the
police department should work like 1
football team. There should be con
certed action, harmony, good will, con
fidence and obedience, says the new
official, who will be tbe friend of all
patrolmen who carry out these ideaa In
police work.
Kyery. marriageable woman bellevea
that a ring on her finger beats two
at the doox.
a-
The Lasft
Tomorrow's the last Saturday before Independence Day the day, both
,you and Mover will celebrate. Come tomorrow to. Mover's celebrated '
sale buy a suit at a saving. Everything's reducedsuits, hats, shoes,
underwear, furnishings. The most for your money or your money's yours..
0
4m '
the
Buy a Mover $10.00
Buy a Moyer $15.00
Moyer $20.00
Buy
a
Suit for $ 6.50
Suit for $10.50
Suit for $14.50
Buy a Moyer $25.00 Suit for $16.50
Boys' $2.50 Knicker Suits Now $1.50
' Boys' $2.95 Knicker Suits Now $1.90
Boys' $3.95 Knicker Suits Now $2.50
Boys' $5.00 Knicker Suits Now $3.50
Boys' $7.50 Knicker Suits Now $5.00
All Children's Wash Suits Half Price
When You See It In Our Ad, It's So
Sale at
87-89 Third St.
Only
Sale at
87-89 Third St
Only
The Bank of Personal Service
You know there are many things to be desired and ob
tained in order to derive, in greatest measure, the bene
fits of a banking account.
If you will call we will outline what those advan
tages are and how adequately we fill them.
Merchants National Bank
Under Government Supervision
Founded 1886 Washington and Fourth Streets
n
ft
The Sunday
Luncheon
under the trees tastes the better with a bottle
of cool sparkling
&lgpiiffli
The family beer brewed' for particular trade.
A practical, economic delivery system
such as is provided with
White Motor Trucks
.is theAiltimate solution of YOUR delivery problem. Let
us show you how. " ,
THE WHITE COMPANY
E. W. HILL Mgr. , 69 Broadway
In the business district for
your convenience
m ism
I Hf 11 11 :-7A-?'V uwiyl
KiKLf WWm hi Hot.
Hf ty Switzerland One"
A dlttlmuUhed tvnn, timlllar with thj aMiMj
8wi. Mounttlni. upon mtklng hli llrjl trip through ,
tht CANADIAN ROCKIK8, ovr th rout pt th Ctnid-
Pcme Railway, ntnuiiiic wv,..m.. , ,
Iwltierlandainone.- m ".. """'
-t iiviirtmia Tra nr. OImalWla.fcHrW
ind SwtM guldaa at all principal rerorli. Call or
DoitiiM tor mutinied oookiai, i wnainnK
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ZIMMERMAN & CO.
Portland Brewing Co.
Mountains." S
JOHNSON. O. A. P. ,D.,
PORTLAND, Ur
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