THE OREGON SUNDAY JOURNAL, PORTLAND, -SUNDAY V MORNING, JANUARY 21, 1917.
MT NOW IS CLEAR
LEGISLATURE ADVISED -
Birth Eate in U. S.:
the ' country at present by nearly Tt
per eentV . .- .-
These are among the significant
facts presented In a preliminary State
ment made publlo by the bureau of
census of the department of commerce,
covering the recently established birth
registration area of the United States
comprising the . six .New England
states. New Tork, Pennsylvania. Michi
gan. Minnesota and the District of Co
lumbia. The report shows that In this ares,
with a population representing' SI per
cent of the total of th United States.
77C.S0 infants were born In lbs year
death rat for the same area wa II
for every 1000 population.- - -
Irving Fisher for
Chamberlain Bill
position to universal military service,
by declaring that he will be glad to
appear but will support Senator Cham
berlain's measure. He says it ap
proached the Swiss military system,
which be regards with favor.
PROCTOR'S BUCKAROO GIFT
Far Exceeds Deattis
" LAW
Tl
Of Every 10 Babies Bon, Xowerer,
Ou Diss Before Beerbrsg ta Age
of Ou Tear.
Waahlnrton. Jn f A ST r n r
Reduce) Size to Save Paper. ; .
Washlnrton. Jan. 10. (1. N. 8.)
Secretary of Commerce Red field to an
effort to save paper, of which titers Is
a shortage In the country has ordered
new stationery of smaller else and has
reduced the tlx of his letter head.
SUBJECT OF CHARES
Washington. Jan. v 10. ft. V.'B.)
Senator Chamberlain of Oregon has
a strong support for his universal
military service bill In Pro feasor Irv
ing Fisher of Tale ' university. . Pro
fessor ruber has replied to an Invi
tation of an anti-mllltaiist-organisa
, every 10 babies bora alive in the Unit
ed states one die before reaching
the age of one year. Also, far more
births occur annually to foreign-born
parents, proportionally to their num
ber, than to native-born parents. The
birth rate exceed the death rate In
U. S, Supreme Court, in De
. cision, Upholds the Webb
Kenyon Law.
Physicians and Others Inter
aTsedleeraft Shop now located 101
ested in Matter Urge No
Action Without Research,
1111, which represents SKbirth rate of
24. for every 1000 of population. The
tilers building. . Free embroider
dery lei
(Adv.)
tion to. appear before congress la op
sons daily.
0 INVESTIGATE BROAD
STATE OF OREGON
V
OPINION BY CHIEF JUSTICE
Tli Circuit Court ot Appeals Had Bs-
for Sustained xaquor Uw of
VMt Virginia.
With tha Webb-Kenyon law uplysld
y the United States supreme court
the way la clear or the enactment of
"bone dry" legislation by the state ol
Oregon.
Chief Justice White delivered the
opinion of the court January 8, the case
Involving the constitutionality of the
law coming from the United States
district court for Maryland, the James
Clark Distilling company being ap
pellant against the Western Maryland
Railway company and the state of
West Virginia, and the American Ex
press company and the state of West
Virginia.
Foiata in Court's Oplaloa.
A resume of the salient points In
the chief Justice's opinion are: West
Virginia in February, 1913, enacted I
prohibition law, forbidding the "man
ufacture, sale, keeping or storing for
ale,- or offering or exposing for sale,
intoxicating liquors."
There was no express prohibition
against the- individual use of liquor
but its sale was prohibited, every de
livery in the state by a common car
rier was defined as a sale and there
were restrictions on advertising and
solicitation of sales.
The distilling company brought suit
against the railroad to compel the car
rier to take a shipment for personal
use and deliver it in West Virginia on
the .ground that it was the duty of the
carrier to accept it, as a common car
" rier. in Interstate commerce.
Before, the Issues bad been decided,
however, in these suits, the circuit court
of appeals for the Fourth circuit held
that the West Virginia law did- pro
hlhlt shipments for personal use and
upheld the constitutionality of both
the Webb-Kenyon and the state laws,
West Virginia later strengthened Its
law by prohibiting the receiving dt
rectly or indirectly liquors irom
common carrier.
Can XegnUte Traffic.
"That government can, consistently
with the due process clause (Four
teenth amendment) forbid the manu
facture and sale of liquor and regulate
its traffic, is not open to controversy.
tays Chief Justice White, "and that
there goes along with -this power full
police authority to make it effective,
is also not open. Whether the general
authority includes .the right to forbid
individual use, we need not consider
since clearly there would be power, as
an incident to the right to forbid man
nfacture and sale, to restrict the
means by which such Intoxicants for
personal use could be obtained, even If
buch use was permitted."
Quotes Webb-Kenyon. Law.
Assuming the constitutionality of
the Webb-Kenyon law the court quotes
that portion of the law which Is rele
vant to the West Virginia cases: "An
act divesting intoxicating liquors of
their Interstate character in certain
rases. That the shipment or
transportation. In any manner or by any
means whatsoever, of any spirituous,
vinous, malted, fermented, or other in
toxicating liquor, from one stat, ter
ritory or district of the United States.
into any other which is
intended, by any person interested
therein, to be received, possessed, sold,
or in any manner used, either In the
original package, or otherwise In vio
lation, of any law of such state, etc.,
is hereby prohibited." '.
State Law Applicable.
Says the court: "As the state law
forbade the shipment into or transpor
tation of liquor In the state whether
from inside, or out, all reeelpt and pos
session of liquor so transported with
out regard to the use to which the
liquor was to be put, and as the Webb-
Kenyon act prohibited the transporta
tion in Interstate commerce, of all
liquor, 'intended to be received, pos
neesed, sold or in any manner used,
either in the Original package or oth
, erwlse, in violation of any law of such
state,' there would seem to be no room
for doubt that the prohibitions of the
utate law were made applicable by the
Webb-Kenyon law."
Prevent KulUfylag law.
The purpose of the Webb-Kenyon
law, says the court, was to extend
the Wilson law so as "to prevent the
Immunity characteristic of Interstate
commerce from being used to permit
receipt or liquor through such
in the states contrarv to
thus in effect afford
WasjHMnJ
COMPLICATIONS MANY
Bronze of a buckaroo by A. Fhlmister Proctor, sculptor, Inspired by
the Pendleton Round-Up, and presented yesterday to C 8. Jack
son, publisher of The Oregon Journal by business men of Pen
dleton in appreciation of bis Interest in the success of the
Round-Up.
In appreciation of the part C S.
Jackson, publisher of the Oregon Jour
nal, has played in making the Pendle
ton Round-Up a success and in bring
ing to it world-wide fame, the business
men of Pendleton have presented him
with a bronze buckaroo, the work of
A. Phimlster Proctor, famous New
York sculptor.
The buckaroo was considered the
most appropriate tflft - that could be
secured. Inasmuch as it was Inspired
by the Round-Up and was the first
work of the sculptor after taking up
his temporary borne In Pendleton.
Mr. Proctor made his first visit to
the Round-Up largely at the suggestion
of Mr. Jackson, and has spent most of
his time Bince In or about Pendleton.
The buckaroo was done by Proctor
two years ago. "Slim Bill" Ridings,
well known cowboy, was used as a
model, while hundreds of photographs
taken at the Round-Up were studied by
the sculptor.
The statue was left in Mr. Jackson's
office In The Journal building yester
day by T. C Taylor of Pendleton, with
out the formality of a presentation.
the
commerce
their laws and
a means by subterfuge and Indirec
tion to set such laws at naught."
Justice White concludes that con
gress had the power to enact the
"Webb-Kenyon law. "It is not In the
slightest degree disputed that If con
gress had prohibited the shipment
of all Intoxicants In the channels of
Interstate commerce and therefore had
prevented all movement between the
several states, such action would have
been lawful because within the power
to regulate which the constitution
conferred." ,
Celebrated Case Cited.
The court refers to tne celebrated
case of Leisy against Hardin which
declares, in express terms that the
movement of intoxicants In Interstate
commerce belonged to ' that class
which was free from all Interference
by state control In the absence of
regulation by congress, but, reads the
decision, "it was at the same time
in the most explicit terms declared
that the power of congress to regu
late interstate commerce In Intoxi
cants embraced the right to subject
such movement to state prohibitions
and that the freedom -bf Intoxicants
to move in Interstate commerce and
the protection over it from state con
trol arose only from the absence of
congressional regulation and would
endure only until congress had other
wise provided."
This, In final analysis, means that
the Webb-Kenyon act is constitution
al and that any "bone dry" legislation
enacted, by the Oregon legislature
will be safeguarded by', the federal
law.
Coat Stolen; Thief
Sends Pawn Ticket
St. IjoirlB, Mo., Jan. 20. (I. N. S.)
Burke Sheridan received through the
mall a pawn ticket for his overcoat,
which had been stolen from a local bil
liard parlor. A note written by the
thief accompanied the ticket. It read:
"Sorry.old man, but I was hungry."
Sheridan redeemed his coat for $1.50.
STEREOPTICON TALKS
WILL BE GIVEN AT
EPISCOPAL
CHURCHES
St, Davids, Trinity, St. Steph
ens, St, Marks and St.
Matthews Parishes Chosen.
Under the auspices of the Woman's
auxiliary of the board of missions of
the Episcopal church, there will be
given four stereopticon lectures upon
the following subjects: First, "The
Conquest of the Continent," which will
be an illustrated review of themls
sionary" work in the United State's.
The next, three lectures will be 11
lustrated reviews of the work In the
new world, being a review of a book
in the course of missionary studies
laid out for this year. One will be
on Panama and Porto Rico, another on
Cuba and Haiti and a third on Mex
ico and Brazil.
The first of these lectures will be
glen on Sunday evening, January
28, at St. David s parish house, and
will be repeated on Tuesday" evening,
January 30, at Trinity parish house;
on Wednesday evening, January 31
at the parish house of St. Stephens'
Pro-cathedral, on Thursday evening,
February 1. at St. Marks parish house
and on Friday evening at St.
Matthews cnurcn. The lectures are
free and It is hoped that those Inter
ested will avail themselves of the op
portunity to attend and bring their
friends.
Small Coins Become Scarce.
Berlin. Jan. 20. f.. N. S.) Small
coins are becoming so scarce through
out Germany that business is badly
hampered.
Proper Correction and Complete Stats
WMMV ' n BliU
Are Principal XUforms TTrged.
By Marshall N. Dana.
Before the legislature acts on the
bill affecting state aided charities, a
group of Portland physicians and oth-,
ers interested in the subject ask It to !
stop and think. ' j
The legislature has opportunity to
perform a profoundly needed service
by taking up the subject as a whole,
or tp jeopardise the welfare of the ,
dependent children and humiliate the '
state by hasty and ill-considered no
tion, these men believe.
They held their initial meeting Fri
day evening. They then resolved to
ask the legislature to defer action on
state-aided charitable Institutions until
tho lawmakers have information on
which to base the formulation of an
entire new policy.
Tree Service Xs Offered.
But Instead of asking the legls-
miura iv nuuie an appropriation cover- i
ing the cost of- survey of the facili
ties provided and service rendered by
these institutions, the committee of-I
rers free the time and expert scien
tlflo knowledge necessary to furnish
the information and will do it before
the session ends. i
Included in this committee are Wal- 1
ter T. Williamson, who was elected
chairman at the meeting Friday eve
ning. Dr. David N. Roberg. state
health officer; who was chosen as
secretary of the committee; Dr. Jos
eph Bllderback, Dr. Robert O. Hall,
Dr.- Laurence Selling, Dr. S. E. Joseph!,
ur. Mae H. CardwelL Dr. William
House, Dr. James Rosenfeld, District
Attorney Walter II. Evans, and chair
man of the Chamber of Commerce
charities committee. I
Many Others Axe Xdsted.
A number of others have been listed
to advise with the committee when It
has completed Its work. The task
will be organized and sub-committees
wfil follow a prescribed routine In
order to furnish all the information
desired. The committee will be rep
resented by a group at the nublio
hearing set for next Wednesday eve
ning at faaiem by the legislative com- ,
mlttee.
One result, which Is really a point
of beginning for the state, is aimed
at competent state supervision and
regulation of state aided charities
It is believed that Institutions clad-
ly will conform to standards required
as a prerequisite to assistance from
the state, that all their books will be
open, and their methods subject to
review.
Baal Snpsrrlsioa Tracking.
But at the present time the state
attempts no real supervision. It ap
propriates $10 a month per child In
Institutions considered eligible, and
stops. . It does not learn whether value
is received or not. There Is no refer
ence anywhere to the fact that these
institutions usually spend about $1$
a month for each child, soliciting the
additional amount required from the
public No audit of the books of the
institutions is made on regular sys
tem. No one is charged with responsi
bility for audits. The secretary of
state says that he is also the secre
tary of 15 boards and commissions,
the routine duties of which occupy op
pressively the services of himself and
staff. The secretary of the Waverly
Am sk tiir4rtsP r Vi a tnnnlrvV aam-
"Saved My Life"
said a wearer of one of our Lumbago Belts
yesterday. It's lumbago insurance.
The uWood-Lark,r
Lumbago Belt
is an all-wool, loosely-woven, seamless band, which fits
the body with comfort and safety. No overheating, no
sudden cooling and chilling. Takes up the A'weather
Slack," heads off Lumbago, Rheumatism, Grip- Pneu
monia, in a healthy, natural way. Price $1.25 postpaid
to any -address. Fourth Floor.
eaDy nome, auring the inquiry ' con
ducted a few days ago at the instance
of the state health officer, said It had
been five years since a representative
of the state had gone through the
home's accounts. Would any private
business be handled so dlsregardfully?
Beg-nlav Visitation Implied.
The state health officer must sign
the vouchers for the state aided In
stitutions and that would imply regu
lar visitation and detailed knowledge
as to their conditions, but the state
health officer has a multitude of other
duties and no field Inspection staff
and frankly admits that he cannot ex
ercise anything like necessary super
vision. Without a state formulated
standard, each Institution is a law
unto Itself. It takes such dependents
as it can receive without contami
nating those already received. There
is no place where a child of Impure
birth or with lnfectuous disease will
be admitted except at St. Agnes home,
the physicians who handle these mat
ters, say. At the state feeble minded
institution there is a waiting list of
more than 40. I
There is scarcely any provision for
segregation of infected children. Imag
ine the state handling the problem of
hogs with cholera, cattle tuberculosis
or dogs with rabies in the same
heedless fashion that It dallies with
these unfortunate little human lives!
Oregon Charity Xs Xiargs.
Few states have spent so much
money as Oregon has and so feebly
met the responsibility Imposed by the
appropriation and recognition of the
iact mat tnese cnuaren truly are
wards of the state. California has a
state board of charities and correc
tions and maintains a supervisory and
regulatory relation not only toward
state aided institutions but county
charities as well, investigating, viai-
ing and reporting upon them.
Indiana saved $400,000 through the
service of its state board of charities
by eliminating thereby political ma
nipulation of appropriations for char
itable purposes. Whether we have a
state board of charities, put the work)
under the state board of health or de- ;
vise another plan, the legislature is
given the best opportunity In state
history to take up this problem of ,
caring for dependents and delinquents j
in a broad and sensible way and lt
can get all the scientific assistance 4t j
needs without costing a cent. j
On the other hand, suppose the leg
islature acts without sufficient knowl-'
edge, not only would it be faced with j
the need for an appropriation to re
place investments already roade, but
it would soon have the evidence that
it had failed In Its responsibility to
the children.
Trieste. Cool to New Etoperor.
Rome, Jan. 20- (L N. 8.) A trav
eler who was In Trieste at the time of
the new emperor's visit to that
city says that tho authorities, tried
to stir ud Intense enthusiasm amonx
tho Inhabitants in order to make the1
emperors reception a warm one. The
lutely no attention to the monarch, and j
wholesale arrests - were mada.by the
ind'
the!
Another Large Shipment Enables Us
to Again Repeat Our Greatest
Talking Machine Offer
UNQUESTIONABLY THIS4S OUR GREAT
EST ACHIEVEMENT IN TALKING MA
CHINE MERCHANDISING.
It's So Easy Now to Have and Enjoy the World's
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Latest Machine, complete with 31 selections and the
one free double-sided demonstration record and all acces
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new, easiest payment plan, delivered anywhere in or out
of town.
This great offer Includes: Needles for a thousand
concerts; record album; record-cleaning brush; oil can;
with the latest and best cabinet model grafonola, as illus
trated, positively superior in tone Quality, volume, design
and finish to our great "1 08.80 offer of a year ago. And
all of this is now to be had, everything complete, delivery
free, for
exactly $26.25 less: it's vours when nnlv &A2.55
has beeen paid, and you pay as best suits your
convenience.
This superb combination now on sale is offered unhesitat
ingly as representing positively the most for the money.
Remember, this combination can be had only at Eilers Music
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The instrument will be supplied in fancy figured mahogany,
or in golden oak, or fumed oak, or in splendid figured walnut, or
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This U the Machine; tee
also all that goes with it.
Positively more musical
value for less money than
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Music Houses are phono
graph specialists.
This Is Our January, 1917, Combination Offer No. 1
This, highly attractive offer is open to all no
matter how much or how little you earn, no matter
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You receive at once the finest records (31 selected
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How to Pay
We repeat: We make no fixed terms of pay
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and happiness into your home pay the old reliable
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It pays to cleal at headquarters. Agencies having
but one make and a few records to choose from do ;
not offer opportunity for adequate comparison. Every
model, every size, every finish may be compared at
Eilers Music Houses.
The Eilers Houses two stores, Broadway at -Alder
or Morrison at. Fourth are undisputed pho
nograph headquarters. Everything to be obtained -anywheree
is here, and also much that is not obtain
able anywhere else. j . : ,
Tht Eilers Stores are unquestionably in better f
position to take care of every phonograph or other
musical demand than any other institution. Inquire, :
investigate and decide now.
The response to this announcement will be im
mense. A great quantity of specially selected instru
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but when the supply is exhausted this special offer
ends. We therefore urge you to see us or to write
us at once.
Our January, 1917, Offer No. 2
For only $1.00 a week, we now supply a new
portable type model Grafonola, including all of the
above enumerated accessories, -but only 17 of the 31
titles referred to above and the one free demonstra
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Elegant. Biz-Toned. Ecm&l '
in Volume to Any at $50
or $60 Heretofore now
on Sale at Both Stores "f
- This Makes an Offer Irresistible, and
All for Only $1.00 a Week
Only a Limited Number on Sale--Select Yours Now '
All for Only
$39.25
And All for Only
.25:
Two Great Music Houses
Morrison at Fourth
Broadway at Alder
Two Supeerb Main Floor Talk
ing Machine Salesrooms
Now Consolidated
' v - f WITH
Music Co. -I
Mail us a postcard and we will send Catalogues; will alto" ship Talking- Machines and Records on FreevTrUL
1!
police, in consequence.