Falls City news. (Falls City, Or.) 190?-19??, January 08, 1916, Image 1

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    VOL. XII
was impos' d in the exercise of
regulations for the public
J u d g e W o lv e r to n in F e d e ra l C o u rt S a y «
“ It docs not comprise all individ­
uals and occupations, but such
only as the legislature, in its wis­
dom, thought to Lie detrimental to
the health and morals o f the com­
an P l a i n t i f f * C o n te n d .
munity if kept open on Sunday.
I f it were designed to promote
observance as a religions
rite, one would expect the law to
Lie general so as to affec t all per­
“ N o r D o ea th e F a c t T h a t th e L a w H a a
and individuals, and not only
B e e n l i t t l e E n fo r c e d R e q u ire I t * N u l­
occupations named and
lific a tio n N o w ." S a y * P o r tla n d
engaged therein.
J u r is t in H ia D e e ia io n .
( L o g o n E n a c tm o n t D o e s N o t V io la ta
tS a S ta te o r F e d e ra l C o n a titu tlo n e
N o t R a lig io u a in C h a r a c te r .
Judw Wolverton in federal court
on Monday, sustained the Oregon
Sunday closing law as in accord
with both federal and state con­
stitutions. Hia ruling came with
a denial o f the application o f the
Rruswick-Ralke-Oollendar c o m ­
pany for an injunction against
District Attorney Evans and other
Oregon district attorneys to pre­
vent them from enforcing the law.
“ That the law is aometiipcs call­
ed a Sunday law,” says Judge
Wolverton, "does not alter the
question, and the interpretation
must be had by a consideration of
the act itself.” This was in re­
ference to the contention that the
law is in contravention of religion's
N o n e n fo rc e m e n t N o B a r .
"N o r does the fact that the law
has been little enforced require its
nullification now,” says the decis­
Points o f the decision are that
the law does not violate the four­
teenth amendment o f the federal
constitution, or the twentieth
amendment to the state constitu­
Quotation* from Judge Wolver-
ton’s decision touching on moot
points are as follows:
"Th e practice o f amending by
reference to a section o f compiled
laws has been judicially approved.
‘ Repeal and enact in place there­
o f’ and ‘amended to read us fol­
lows’ amount to the same thing.
The true nurposc was to amend
and the effect o f the legislation
was to amend.
It is within the police power of
the state to suspend certain activ­
ities on Sunday. Laws relating
to Sunday are enacted in the legi­
timate exercise o f the police power
o f the state.
S t a t e 's P o lic e P o w e r R e c o g n ize d .
"Th e fourteenth amendment to
the constitution o f the United
States is not intended to interfere
with the power o f the state, gen­
erally termed its police power, to
prescribe regulations to promote
the health, j>eace, morals, educa­
tion and good order o f the people,
unless so extravagant and un­
reasonable as to interfere with
the property and personal rights
o f citizens unnecessarily and arbi­
On the point that the law inter­
feres with the free exercise o f re­
ligious belief, Judge Wolverton
“ This is purely a state, not a
federal question. The constitu­
tion o f the United States makes
no provision for protecting citizens
in their religious beliefs: nor does
it impose any inhibition in this re­
spect on the states.
“ Laws setting aside Sunday as
a day o f rest are usually upheld
by the courts, not to compel relig­
ious observance but from a desire
to protect all persons from Fhe
physical and moral debasement
which comes from uninterrupted
E n a c te d fo r P u b lio W e lfa r e .
“ We need only look at the law
in question to determine that it is
not designed to restrain or coerce
any religious observance o f Sun­
day, but rather tuat the inhibition
Parly Oppo»e a Oraatie Submarine
Americans to
Keep Olf Beligereat Skips
Formar Soldiers of Union and
Confederacy Now Fourteen.
Blows Up Monsy.
Ashland, Ore.—Workmen employed
on the ditch o f the Rogue River Canal
company recently set off a charge o f
dynamite under a stump, nnd the air
was filled with dollars nnd half dot-
la r». The blast uncovered a money
'•ache that had been burled there since
the early sixties.
So Busy They Want to Put an End to
"Runnara" In Jaffartonvilla, Ind.
Jeffersonville, lull. Some o f the a ll
Justice« o f Ihe f>ea c* o f Jeffersonville,
who light amoug themselves for “ mar
rlago couple«," are proponing a combi­
nation «h ereby all alx would eat a t, Itsli
central marrying parlor* and would
pool and divide equally all their earn
The chief benefit would be the elim­
ination o f the "runner*." with whom
the JuaUcca o f the peace ntrw «put
their fee«, which only In exceptional
ra«ea amount to more than AS. One
reault o f the competition ha* been the
cutting o f fee«. Many eloping couple«
get married for Gl and *otne fo’r "*lx
hit«." Secret weddings generally co«t
the eloper« a little more, and a twenty- j
five dollar fe « «b ow « up once In awhile
Washington, D. O'. Jan., 6.
President Wilson has been notified
by leaders o f his party in Cong­
ress that they will not stand be­
hind him in any drastic action he
may take on the submarine issue.
The notification, which was"
given to the LYesident privately
two weeks ago, was served pub­
licly on the floor yesterday. While
Senator Stone, o f Missouri, spokes Seme Change« A r« Made •• a Reault
of Ore Boom In Nevada.
man o f the President on foreign
Reno, Nev.—Tombstone» are being
affairs, sat quietly in his seat, lined for location monuments in the
other Democratic Senators, O'Gor­ new mining district near Sodaville,
man o f New York, Owen and where a «opposed fabulously rich ledge
of tungsten ore was discovered, ac­
Gore o f Oklahoma and Hitchcock cording to reports brought to Reno by
o f Nebraska, plainly manifested men who answer the call o f the desert
their objections to Americans sail­ and mark the boundaries o f their
ing on beligerent merchant ves­ One miner located the village ceme­
sels, particularly those which are tery, and as there were no rocks near
armed, or even on neutral vessels he used some o f the best looking tomb­
stone« to mark the boundaries o f hi»
carrying contraband o f war.
“ TLie act. therefore, is essential­
ly civil in character, and not reli­
gious; nor does it pertain to relig­
ious observance in any partic­
* The opinion goes on to say that
the fact that sodiftere classed the
measure under the head “ Prota-
mation o f Sunday” and similar
heads makes no difference in the
actual character o f the legislation.
Judge Wolverton's opinion is"
diametrically opposed to that of
Circuit Judge Gantenbein. who
held the law repugnant to the
state constitution on the ground
that it is religious legislation, this
R e p u b lic a n « C h ie f D e fe n d e rs
chiefly because Sunday is spoken
Only two Democratic Senators
o f in the act as “ the Lord’s day.” rallied to the defense o f the A d ­
ministration—Reed o f Missouri
and Robinson o f Arkansas. The
real bulwark o f the Administra­
tion’s defense was furnished by
Republicans- Lodge o f Massachu-
settes. Nelson of Minnesota, Borah
of Idaho, Poindexter of Washing­
Mr. Stone significantly closed
the debate by observing that it
had been valuable in developing
sentiment that existed, and he
Washington.—Scattered through the
muinbetoblp o f the house o f represent­ moved an executive session.
atives. so far os autobiographies In the
It is apparrent from what took
Coiigreaalonal Directory disclose, sre
three men who served In the Uulon place yesterday and from the talk
army sud three men who served In of many o f the Democratic Sena­
the Confederal** army. In the seunte tors that they are not in Javor of
there are five former Union soldiers
nnd three former Confederate soldiers. extreme measures by the Admin
A few years ago u much larger per istration on the submarine ques­
ventage o f the houso sud senate mem tion. They certainly are opposed
liers whs composed of veterans of the
war of 'fit to 'tl5. The latest directory to any step that may lead even to
furnishes the names o f Ills old soldiers a rupture oi relations with the
ns follows:
central powers.
Representatives Ebenezer J. Util of
Connecticut, Isaac H. Sherwood of
Ohio and David A. Hollingsworth of
Ohio, nil o f whom served In the Un­
ion army.
Representatives Albert Estopinal of
Louisiana, J. Fred C. Talbott Of Mary-
land and Charles M. Sledman o f North
Carolina o f the Confederate army
Senators John tl. Bankhead o f Ala­
bama. Benjamin R. Tillman o f South
Carolina and Thomas B. Catron o f New
Mexico are the members o f the senate
who fought ou the side o f the south
The senators who served In the north­
ern army were John D. W ork» o f Cal
Ifornia, Henry A. du Pont o f Dela­
ware, Knute Nelson o f Mlunesota. Na­
than Goff of West Virginia Hnd Fran­
cia E. Warren of Wyoming.
Senator Thomas S Martin and Repre-
sentatlve William A. .tones, both of
Virginia, were cadets at the Virginia
Military Institute during the war nud
were called out for service tu some of
the Virginia campaigns.
Every congress naturally has n "kid
member," and that honor in the Sixty-
fourth congress has fallen to Repre­
sentative Sydney E. Mudd o f I-n Plata.
Md. Mr. Mudd was born June 20, 1S85,
and, therefore. Is thirty years old. He
Is the youngest member of congress.
Rut Mr. Mudd is not the youngest man
to be elected to a congress.
Representative Tat Harrison of Mis­
sissippi. a member o f the present house,
was only twenty-nine years old when
he came to Washington In IDs official
capacity the tin t time,
lie is now
only thirty-four years old. though he
Is entering upon his third term
California has more political parties
represented In Its delegation In con­
gress than any other state. In the
bouse the Pacific coast state has three
members who describe themselves as
There are three Democrats, one In­
dependent, two Progressives, one Pro­
gressive Republican and one Prohibi­
R e s tric tio n o f A m e ric a n s U r g e d .
It is further evident that many
o f the Democrats feel the Govern­
ment should not permit Americans
to travel on belligerent merchant
ships and that if they do so they
should be deprived o f protection.
Senator Gore, o f Oklahoma, offer­
ed a bill today requiring Am er­
icans To make affidavits that they
will not take passage in belliger­
ent ships or on vessels, even Amer­
ican, carrying contraband, and if
they do so they will receive no
protection and be subject to penal­
ty. Masters o f ships carrying
passengers making such affidavits
also will be penalized. A bill along
the same lines was introduced by
Senator Jones, Republican, of
It is apparent to the Administra­
tion that these measures and the
criticism visited on it today are
symptomatic o f the attitude o f
many o f the members o f the Se­
C o n s u l's R ig h t on S h ip D e n ie d .
Senator O’Gorman argued that
United States Consul McNeeley
had no business to sail on the Per­
sia. He should have taken a neu­
tral ship, said the Senator. Some
of the Senators believed that the
United States should impose an
embargo on munitions o f war.
They stuck to their position in spite
o f the observation o f Senator
Lodge, repeating substantially
what President Wilson said to
Germany, that an embargo would
be in favor of Germany and
against the allies, and, therefore,
I would be unneutral.
A debate such as occurred today
( Concluded a page 2 )
Others soon followed suit, and now
the relatives o f the departed, interred
three years ago. would hare a hard
time recognizing one grave from an­
No. 19.Î
January Bargains
Arc Now
Prevailing at Our Store
Blankets on sale.
Sweaters on sale.
Ladies and child’ s cloaks on sale.
,r V;
® Raincoats now on sale.
A whole table of remnant bargains.
A table of dishwear at 10c.
T IM E S .
Patient In St. Louis Hospital 1« Still
Choory at All Timas.
SL Loul*.—Harry Smyth, forty-two
jeara old, o f 3656 Laclede avenue is
one o f the moet cheerful patients at the
City hospital despite the fact that 131
surgical operations have been perform
ed on him. Tuberculosis o f the bones
have made these operations necessary.
Since childhood Smyth has passed
moet o f bis time tn hospitals.
T o occupy bts time Smyth took up
sewing and crocheting, and he Is now
an expert with the needle. He is al
ways good natured.
Various other bargains you will find by i
visit to our store.
Falls City’s Largest Store.
Returns In a Feeble and Needy
Pittsfield, Mass.— A fter wandering
for thirty alx years all over the coun­
try George Churchill has returned to
this city, tn this Interval o f years all
of bis relatives have died except an
aged sister, Mrs. George Murdock.
Churchill, after leaving Pittsfield,
never communicated « Itb his relatives.
They believed him dead. In 1881 Mrs.
Murdock read tn tbe newspa|>ers of the
death o f George Churchill tn Ohio.
His body bad been burled, mid the
family here believed that the misslDg
George Churchill o f Pittsfield was the
person who had died.
Recently a gray balled, bearded
stranger revealed himself to the old
family physician o f the Churchills as
the long absent George Churchill
From the physician be learned his
sister was still living and was eighty
one years old. but In feeble health.
The physician prepared the sister for
a meeting with the brother she had so
long believed to be dead. Churchill,
now aged sixty-nine, and hi» elder sis­
ter, so worn with age that she is being
cared for, were brought together again.
Mrs. Murdock was greatly shocked by
the reappearance o f her brother.
Churchill's story Is one o f wander­
lust. He was a woodworker when he
went away, and he followed his trade
for years. New processes of labor sav­
ing machinery forced him to abandon
his trade. H e turned his hand to cook­
ing. and for a long time worked tn ho­
tels and restaurants.
"A ll the years," he said. "I have been
wanting to come back to see the folks.
I couldn’t get started. Now I'm old
and worn out and there seemed to be
no other place for me to go.”
Churchill's health Is broken, and he
can no longer work. He will be pro
Tided for by friends o f the Churchill
Bagged Fifty-tw o Pound Wolf.
Balaton, Minn.—T w o boys, Evold By­
lander and John Bollmnn, bagged a fif­
ty-two pound w o lf recently In rather a
novel way. They were out hunting,
one boy on a motorcycle and the other
with a gun In the side car, when they
spied the w olf and gave chase. After
a wild ride o f several miles they made
a successful long shot.
Without home trade every
merchant in Falls City would
be Forced out of business.
That many dollars are sent
out of town is not questioned.
There are reasons for such a
condition and whether good or
bad they have the effect of
hurting the growth and devel­
opment of the town. A con­
certed action on the part of
the merchants should be in­
augurated to keep trade at