rrvar
T UK. OREGON STATESMAN: VKIiXF-SlAY. JANTAUY II, 102ft.
BIG AUDIENCE
HEARS SINGER
. - i - . - j
Apollo Club Scores Great Suc
cess in First Concert of
Season i
- a j r
nrpnscir'j 111 nina 1 1 --- in i .0 1 1
-- V w v , - ... "If. . - v . . .
im.j r.ritt the u-.irk i r-veij n uei,ong ai me onan. anu 10
I4tl " U I 14 T. JI - - -------
A ' rapacity audJence greeted th,1"
Apollo club at its first concert of th.
season last nifcht at the armory.
Salem audiences havg learned frojm
previous seasons that they will mot
........ . -""
NEW SHOW TODAY
VIOLA DNA '
' IN .' " 'j.
"SATAN -JUNIOR"
A Story of a Lovable Little
Devil
t
Thursday
"ONE
WEEK
OF
LIFE"
I
2
be. disappointed wben they attend
the Apollo club concert, and the on?
list night under the direction of
John W. Todd was the most success
ful one given by the club in the
three years of its existence.
Augmenting and adding, splendid
and characteristic effect to a num-
In "Land ;earre
Sighting" by
of the orchestra was especially mer
itorious. All f the numbers given by tli
club were st-ng with such finish thai
it is dirri(ilt to pick out individual
numbers for special mention.
Appearing with the club was John
Hand, the new American tenor, who
has been described as "the season's
find."' He fullv satisfied expecta
tions, and Hs full rith voice and the
'.sympathetic rendering of his num-
bers completely won the hearts of
his audience. Mr. Hand has a pow
i erful voice of pleasing quality, and
i a range that places within his reach
anything written for the hiph male
voice. Included in Mr. Hand's pro
gram were two operatic gems. "Ceilo
e Mar" from Gioconda" and
"Vest! La Guibba" from "lPagliac
ci.' The numbers were so enlhusi-
Machree," "Irish Eyes are Smiling,'
and "A Little Hit of Heaven."
Mr. Jensen, the accompanist with
Mr. Hand, gave several piano num
bers, which were very well received
by the audience. .
Special credit for the success of
the concert is due to John W. Todd,
the conductor. to Miss Dorothv
th accompanist, to Miss
"Millionaire Draft Dodger" Caught After Two Years.
Governors Island
4.
astically received. that Mr. Hand wa-. I
compelled to respond to several en- j
among which were "Motneri
cores.
PAULINE FREDERICK ;
Goidurya tictuntStar WITH
PAULINE FREDERICK
And , " .; '
CORINNE BARKER
Former Salem Girl
YE LIBERTY
Sick 17 Years Relieved By-
Taking No. 40 For The Blood
"For 17 years I was troubled with
dropsy ahd bad blood. I took every
kind of mediclns that was recom
mended to me without benefit until
I got a bottle of Number 40 and it
helped me so much that I sent and
got two more bottjes and since tak
ing the second bottle. 1 am feeling
fine. I wish to recDmmend No. 40
;to any one needing a blood medi
cine as 1 believe it is as good as rec
pmraended. Mrs. Jane Goodwin.
Gideon. Mo." Number 40 is de
manded in depraved conditions of
the system, especially of the blood
rand general health. In chronic en
largement of the spleen or liver. In
chronic malarial poisoning. Re
moves the causes of disease by stim
ulating th- removal of waste thu?
encouraging nutrition. Employed
with success in 'blood poisoning,
chronic .rheumatism. Catarrh, e
ma and skin diseares. Made'by :C.
Mendenhall. Evansville, Ind. 40
years a druggist. Sold by Perry
Drug store. ' '
the .members of the orchestra who so
ably supported the club. The pro-
! gram follows:
I Star Siuigled I Punier
Audience and Apollo Club
1. The Roll Call Edward Browne
2. Song at Dusk . . . . Anhe Terhun
!. Ceilo e Mar t I,a Giocon-
da i . , . . Ponchelli
(bl Vesii Ijl Giubba (IP'ag-
liaccl I Leoncavall )
Mr. Hand
De -Corpah Moon
Harry Rowe Shelley
Land Sighting .... Edward Cries
Intermission
Chorus of Returning Pil
grims R. Wagner
Waltz E. Major .... Moskowsky
Mr. Jensen
Hush-a-bye Ma Baby..
Frederic K. I.opan
(a) The Errand of the Rose
Ferdinand Dunkley
(b) Star of Gold . . Mana-Zuee.i
tcl Tbe Heart Call . Vandei pool
Mr. Hand
10 Estudiantina
Dr. S. Austin
America
Audience and Apollo Club
I
Pierce
BILLS IN LEGISLATURE
Senate
S. B. 12. by Kbeihard Prohibit
ing exhibition of motion pictures de
picMng crime.
S. B. 13. by Nicholsen Regulat
ing salary of, county surveyors.
S. B. 14. by Hurley Regulating
herding of live stock Dy noti-rest
dents.
S. B. I.", liy Lachmund Prohibit-1
ing payment of royalties on patented
paving.
S. B. If., by Pierce and Orton
Providing for state income tax to be
devoted to road purposes.
S. B. 17. by lachmund Authoriz
ing majority of members present of
corporation to represent stockholders
by proxy.
S. B. 18, by Norblad Authorizing
Port or Astoria to levy $100,000 as
sessment form naval base and refer
ring $2,000,000 bond issue for port
to vote of people. ;
S. B. 19. by Nicholsen Making it
t t v v -. til
t&.,...,,,.,7.-te.-, ' - I
mains unbroken . . . there is no
such ocenrrence as a vacancy in tb
offire of governor.
"The governor is cbier executive
officer of the state in whom only the
IHw-r ul appointment Is vested and
n tii icrv nature of things a va
cancy in that office would destroy' t,u-. - .
the .hole plan of s.ategovernmcnt . "Z Jt Z,
IViU Aginl (lMinilr
"In the face of the decision in
Chadwick vs. Ear hart every attempt
THE PROPER WAY
TO TAKE ASPIRIN
rr market! vith the
(Cl 1.EISHMAN TtlXCRAPHED nCTURS SF.RVlCtJ
AftvM evading Cat military authorities ffr two years and constantly
shielded by his rich mother. G rover Cleveland Bergdoll. charged with de
sertion from the army wms cn.pt ured in Philadelphia. His mother, widow
of a wealthy brewer threatened the authorities with a revolver when they
broke into her home to tako her son to prison. This picture shows Bergdoll
boardini: the boat which took h:m to Governors Island where he has a cell
next to "Hard Boiled" Smith.
j Leishman Telegraphed Picture "Service.
a crime to escape or aid in escaping
from any jail or penal institution.
public dance hall, regulating the
hours of closing the same.
II It li )t- Cillivhar Inpnulnf
ThomasCreating ,hu sa,ar of co,In,y officers of Mal
heur county.
H. B. SI. by joint fisheries com
mittee Creating fish and game com
mission and providing for the elec
tion therof by legislature.
H. B. by Burdick Increasing
the salary of the district attorney of
S. B. 20, by
state board of fish and game coin
missioners.
S. Ur. 21. by Thomas Creatine
state board of game commissioners.
S. B. 22. by Howell To amend
an act i elating to the release of
sureties on bonds and other undertakings.
S. B. 23. by t'nion county delega-j
to change section 8 of Article ot
the constitution has been defeated by
a vote of the people."
Juetice Johns opinion i based en
tirely on the Chadwick-Earhart cas
which he asserts decides the ques
tion. Justice Bennett In his separate
concur rtag 'opinion says that if It
were not for the Chadwick-Earhart
case he would concur with th Harris
dissent relative to its arguments
from the case of Olcott vs. Hoff in
which Justice Harris took the posi
tion that Olcott would only discharge
the duties of governor till the end
of his present term as secretary of
state when the person succeeding
him as secretary of state would act
as ovemor until a governor should
be elected.
Justice lUrrU Differ
Justice Harris avers that the Chadwick-Earhart
case Is totally unlike
the case at issue and that the doc
trine of state decisis does not apply.
Summarizing his argument Justice
Harris says: 1
"Tiie governing fact In the Chadwick-Earhart
case are materially dif
ferent from the controlling facts In
the instant case. lit the Chadwick
case the only question for decision
was whether Chadwick.. who had
been elected secretary of state, could
hold the office of governor dating the
brief period of two days which in
tervened between the end of his term
as secretary of state and the inaug
uration of an elected governor.
Question U IUImmI
"Here the question is whether Ben
W. Olcott. whose term as secretary
of state will end on the first Mon-J
dav in' Jandary. 1921. can hold the
office of governor for a period of
two years after the end of bis term
as secretary of state, in spite or the
fact that there will he a regular bi
ennial election in November, 1920.
as well as one in N'ovember. 1922.
There a governor in truth had been
elected, while here as yet no gover
nor has been elected: there' the "only
question which was decided was that
the secretary of state could hold of
fice of governor until an elected gov
ernor could be inaugurated, while
here it is conceded that the secretary
of state can bold the office of gov
ernor until an elected governor can
be inaugurated; there a governor was
elected at the very first election oc
curring after the office of governor
became vacant, while here no gover
nor has yet leen elected, and the on
ly question to be decided is whether
a governor can be elected: there the
court was not called upon to decide
when a governor should be elected
The Bayer Company, which Intro
duced Aspirin teli in their carefil
directions in each package of gens- -ine
"Bayer Tablets of Afpiria' that
to get the best teults one or two
glasses of water should be drunk al
ter ta'cing tablets.
"Bayer Tablets of Aspirin" to bo
genuine muft be matked with th
safely "Bayer Cross." Then yo
re getting the world-famous Aspir
in, prescribed by physicians for oTer
eighteen years.
Each unbroken "Bayer" packago
contains proper directions for Colds.
Headache. Toothache. Earache. Nea-
ralgia. Lumbago. Rheumatism. Neu
ritis, and for Pain generally.
handy tin boxes of twelve tablets
cost but a few cents. Druggists also
sell larger "Bayer" packages. As
pirin is the trademark of Bayer Mas
ufacture of Monoaceticacidester of
Salicylicacid.
followed by the court In the rase of
the state ex rel Jfcns. forty yean
ago. and latest in the case or tht
state s. Kellaher in 1919.
t
Alfred SUppey, Veteran
of Civil War, Passes Away
The body of Alfred Slippey. father
of Mrs. Paul Traglio ot Salem, ar
rived in this city Monday. He th
76 years old and fof the past six
years bad lived at the Old Soldiers
borne at Roseburr. The funeral ser
vices will be held Wednesday at 2
o. m. at the Rlgdon chapel and wfll
be conducted by Sedgwick Pot No.
lv. Grand Army of the Republic
Mr. Slippy was born Id fennarva.
Pennsylvania. November 17. 1145.
He enlisted in the First Pennsylvania
vounteer Infantry September 21.
165. and after seeing action during
the civil war was mustered out la
August. 18S5. He had lived In Ore
gon and California for 40 years. Be
tid s Mrs. Traglio-he Is survived by
another daughter. Mrs. Edith Leach
of Orange. CaliL
M H. ir.bT urnaugh-Relating o.
tion Relating to the salaries of l'n-k to the payment and the rate of in
lon county officials. terest.
. j
S. B. 24. by Eddy Relating to
A NASTY COLD
EASED AT ONCE
t t'nBr
jbrrak up m oM In m.
few hour
tbrw
To encourage shoppers to make their week-end purchases on Wednesday and
Thursday and thereby avoid the rush on Saturday. We make special attractive
prices in every department Check your needs and let us fill them. We are pre
pared to do so for less. :'. v
Our Grocery Specials
Cooking Oil, Gallon. .... ..1 : .....$2.20
No. 6 Crlsco. . . 1; ; . , . . . . . "i. -. . .$2.20
No. 8 Cottolene $2.66
Swift's Best Lard in bulk, per pound. . , .30c
Men's Furnishings Specials
Woolen Socks ...... 39c and 49c
Good quality Cotton Socks. 15c
Flannel Shirts. ... , $1.39
Did you get one of our 1920 calendars? Get
- one. - .-
... . Dry Goods
To close out our winter stock of Plush Coat
ing and Velvets, we offer a reduction of 25
per cent.
Ladies' Fleece Lined Hose, four pairs. .$1.00
Ladies' Heavy Cotton Hose, four pairs $1.00
Ladies' good weight, black and brown. .15c
A good assortment of blankets and comfort
ers, at very attractive prices.
OUR BASEMENT STORE SPECIALS
In taking our inventory we sorted out all odds and ends in shoes, yard goods,
laces and underwear. These we have marked down to such prices that they will
be speedily snapped up. Visit our Basement Store and be convinced.
CASH
Groceries
Dry Goods
Clothing
navigable or public waters and de
fining them.
House j
H. B. IK. by Home Relating to
the collection of fees du- t ! tate of
Oregon from inspections of factories.)
mills and workshops by the laltor
commission.
II. B. 19. by Home Kixirfg salar
ies of deputy labor commissioners.
H. B. 20. Iry Edwards (living au
thority to the state for the construc
tion of a bridge across the Nestucca
river.
H. B. 21. by Bnmauah Creatine
the twenty-fir?t judicial district and.
providing for the appointment of a
judge thereof.
H. B. 22. by Sheldon. Sidler. Wcs-
terlund and (lore -Prohibiting the
use of seines and set nets in the wa
ters of the Rogue river and its tribu
taries.
H. B. 23. by. commit tee on labor
and inuusirie Relating to the state
industrial accident commission and
the provision of siTe emploiuent ami
safety standard by th" -aim.
H. B. 21. by ("nffey Riea)ing the
hide inspection law of l )!!.
H. B. 2Tk by McKarland Requir
ing any rirm. association, company
or corporation to obtain a license to
practice dentistry before operating an
iffice in the state.
II. B. 2. by McKarlan
to the defrayment of expenses
maintaining insane persons.
H. B. 2". by Burdicn Increasing
expenses allowed district scaler of
weights ami measures from $. to
11150 per year and salary from 1"
to S12" per month.
H. B. 2. by Thrill -Providing for
'heeradicating of bovine, tuberculosis
and other diseases of livestock and
creating theo ffice c.f county meat
and herd inspector for Coos count)
nd fixing his compensation and tie-
fining his duties.
H. B. 29. by Coffey Defining o
H. B. 31. by Mrs. Thompson
Levying an annual tax of two mills
for public elementary schools and
providing for the disbursement there
of.
H. B. 33. by McFarland Regulat
ing the catching of salmon.
H. B. 3". by Mrs. Thompson
Regulating the age for the commis
sion of feeble minded.
11. B. 3 7. by Mrs. Thompson
(living county courts authority to
grant public dance hail licenses and
to regulate the same.
for' decision
Quote Authority : .
"Since the Chadwick ease does not
decide or attempt to decide .when
governor can be elected, oar Investi
gation and decision of the question
presented here' Is unhampered anJ
uncontrolled by any prior Adjudica
tion: and therefore we must first
look to the constitution itself and
ct uneiner u tens us votn a gov
ernor is to be elected.
Tpon turning to that Instrument
we find that article V. section four,
tells us that 'the governor shall be
elected by the qualified electors of
tne state at the times and places of
Don't &!ay stuffed np! Quit
I blowing ani snuffling! A dose of
Tape's Cold Compound" taken er
ery two hours until tbreo doses ar
taken usually breaks np a severo '
cold and ends all grippe misery.
The very first dose opens your
clogged-up nostrils and the air pas
sages of the had; stops nose run
ning; relieves the headache, dull
ness, fevcrif hness. speeiin;. sore
ness and stiffness.
"Papa's Cold Compound" Is Ike
quickest, surest relief known and
costs only a few cents at drug stores.
It acts without assistance, tastei
nice, contains no quinine Insist up
on Tape's!
II. B. 3j. by smith of Multnomah I w. : " '""l? ?:7ZL9.
ie alarv of Ibp statel njinsmr
Regiiiatiug thes alary of the etate
highway engineer.
II. It. 3!. by Burdick Establish
ing a count fair for Deschutes coun
ty. H. B. lo. by Stewart Providing
for special election on May 21. 1920.
If. B. 11. by game committee
PriAiding Imprisonment as
ment for killing mountain
i goals, elk. moose and carabou.
j II. B. 42. by game committee
('iving state fish and game commis
sion authority to purchase land for
game farms.
H. B. 4 3. by roads and highway
com
line si
assembly': and upon further invest!
gallon we find that November. 1920
is the time when the voting places
throughout the state are the place
where he qualified electors of the
state will choose members of the leg
islative assembly. The constitution
I A fUl. nn 1 .
mm uh-1 "" r,lc " cpres terms, nor
P"L!. do t Impliedly say that a governor
I f nnnm ! a . . .
and therefore we must, on that ac
count, ascertain what the general
ruies or the law are.
Voter.' lUght ml
"The rule In this Juridiction has
aiwa s
. ...
..little lo.Miitin ia'-r -.! ' "T" wnen an elective
;.nH nrniLiin. i-Vmi t,.HrH OT becomes vacant the legal vot
- " - - , , ... . V !.
- " nc iig.ni. in me aosence oi
the statute to the contrary, at the
next cUction. if there be sufficient
"ur i ii mate use oi me election ma
therefor.
II. B. II. by Burdick Creating of
fice of tate biologist, providing for
his appointment bv the governor and I IV " eiecuon ma-
d-Relalinal fix.ng his salary at $3000 per annum .K?f, 'r l?,"1. ,0.me I''" o the
H it j-. i.v n-. n- kii.ii in c. I . ",! " "een eniorceo
1
of
the payment f royalties on patent
or copyright pavement from state
highway funds.
II B. 4 1".. by S betibel Authoriz
ing bi.ciiway commission to purchase
and operate paving plants.
II. It. 47. by Clackamas -onty del
egation '-Fixing salaty cf county u
p'rintenlent of of Clackamas county
at S 1 per annum.
OLCOTT IS GOVERNOR
t Continued fr,:u page l)
ThePmiimStoiB Hsbswc?
. PHONE 453
Salem's Most Progressive Department Store
HAVE DARK HAIR
AND LOOK YOUNG
NoIhmIv Can Tell Wbeti V"ii D.irkef
C'ray, Fiuled Hair Willi
S-fe Tea
Crandtnot Iter kept ber hair benn
'fully .darkened, gloss and attrac
tive with a blew o.f Sate Tea an
Sulphur. Whenever her hair took
n that dull, faded or streaked ap
pearance, this simple mixture Mas
applied with wonderful effect. Bv
isking at any drtm store for "Wv
tlt'! Sure and Sulphur Cnmpotind."
von will get a lacge boti'.e t,f this
obl-time rcipe. improved bv the ad
ditton of other ingredi.- .-. all ready
to tisi. al vry little cost. Tin sim
ple, mixture ran be dt penned upon
i resire natural color and ix-autv
to the hair.
A well-known down lown dniKgisf
says everybody uses AVyeth'a Sage
and Sulphur Coin pound now because
it darkens so natinallv and evenlv
thai nolnxly can tell it has been ap
plied it's so easy lo use. too. You
simply dampen a comb or soft brush
and draw it through vour hair, tak
ing one strand at a time. By morn
ing the gray hair disappear; after
another application or two. it Is re
stored to its natural color and looks
glossy, w)ft and beautiful.
by the court in rrevioti cases and
observed by the voters, notably when
Ben W. Olcott was elected secretary
of state to fill a vacancy cmiiM'd b
the death of Frank W. Benson.
"Applying to the general which
governs-elective offices we are then
brought to the conclusion that the le
gal voters are ntitlcd to elect a gov.
ernor in Novenjler. 192"."
Refer to OI (Vse
lu rt her pursuing his argument
Justire Harris shows that ll was fir-
Howard
Foster
Players
TO-DAY
THEATRE y
l ' r
come govetnor mnn I bti death of
Ciovetnor itb-cottibe: and every
voter who c.ixt his vote for Mr. Ol
cott a MCftarv of state . legally
know ih.it opon the death of Gover
nor WilliVi-oinbe the duties of his of-
lie oti!d devolve upon the secre
tr. r- of state.
. TI.ere is no Mich provision in the
'unst it ii : ion hs to any other state of
fice. Se tion 1 f of article V pro
vides that in tl.e event of iTie deatii
or re-imiation of the incumlents. alt
other oificex nhall be filled by ap
pointment by the governor.
-Further, there is no provision In
either statutes or constitution for an
ejection to fill sn imejpired term of
iin on:i e ot governor, suck a pro
ceeding vould have to be read into
the cor.'-t it in ion. would be ha.ed up
on implied const ruci ion only. and
would ox ei rule the piecedent ot
Cb.idw ir k vs F"jihart ."
l-iw I'ivm Tervn
't nder x'iionj I and 7 of article
I of the organic law. tin- lerm for
which a governor is elected is abso
lutyly fixed at four ear and ther
Is no provion in either Ihe statutes
or constit utiou for the election of i
gov et rot for any portion of an un
expired tettii. Hence, under the con
stunt ion if a governor should be
elected al the next general election
he would hold office not only for
the remainder of, the unexpired term
of Ihe late (.overnor Wit hr combe
OH! EACH DAY
A LITTLE MORE
Hurry! l-t iMn.ietliM-" vir n.u.
luilr and dt.uMe U
iKMHt)
1
To stop tailing hair a. once and
nd the seal? of every particle of dan-
nruff. get a snull lolilr of delight
ful "Dandeiine" at any drng orr toi
U t counter for a few rents, pour
little in your hand and rub It Into
Ihe scalp. After evcral applicztions
the hair usuaily stops touting out
and you can't find anr . dandruff.
but for a rull four-year period, from) Help your hair grow lonj. thick and
January. 1921. to January. 192i." strong and become soft, glossy and
"While the lino of rucct-Bion re- abundant. ' .
P 0) n w
ISHIuluU
Opera House
THURSDAY, JAN. 15
CLIFFORD
DEVEREUX
r.nd his Compamy
including
ZINITA -GRAF
Eighth Annual Tour
In
OLD ENGLISH
COMEDIES
"THE SCHOOL FOR
SCANDAL"
Prices 75c, 51-00. 5LW
Seat sale at Opera House
Phannacj Today