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About Polk County observer. (Monmouth, Polk County, Or.) 1888-1927 | View Entire Issue (Oct. 26, 1915)
THE POLE COUNTY OBSERVER, TUESDAY, OCTOBER 26, 1915. QUERIES ARE ANSWERED ATTORNEY-GENERAL BROWN IN TERPRETS SECTION OF ACT. Drug Stores Limited to Ethyl Alcohol and Sales Will Be Made at Peril of Seller. With the approach of the first of the year when the new Oregon prohi bition law will become operative, dis trict attorneys throughout the state iare receiving constant inquiries from citizens and organizations as to dif ferent provisions of the new law. Most of these have been referred to Attorney-General Brown, who has com pleted his replies to the queries. These have been combined into a single opin ion, wherein the question asked is given first and the attorney-general's answer below. The series of questions and answers which cover practically every phase of the prohibition law, follows: "1. In the case of the owner and proprietor of a drug store who is not a druggist but employs a registered phaimacist to sell drugs, and dispense and compound prescriptions of medi cal practitioners, who must execute and file the $230 bond provided for in section 2 of chapter 141, general laws of Oregon of 1915, before alco hol ean be lawfully sold at the drag store? ''To this question my answer is that the bond must be executed and filed by a registered pharmacist. Sec tion 5 of the prohibition act, provides that it shall be unlawful tor any per son to manufacture sell or barter in toxicating liquor wiuuu ine siuie, ex cept as provided for in said act. Sec tion 6 of said act provides tliat reg istered pharmacists may sell ethyl al cohol for medicinal, pharmaceutical, scientific and mechanical purposes, and for external use and application, only upon complying with the provis ions of the act, and that before said pharmacist may sell ethyl alcohol he must file with the county clerk in the county in which he resides a bond run ning to the stnte of Oregon in the sum of $250. The next paragraph of said section provides that the clerk shall then issue to the pharmacist two books of 50 affidavits each, upon the payment of $2 for approving and fil ing said bond, and the sum of 50 cents for each book of affidavits. "To my mind it is manifest that the bond must be given by the regis tered pharmacist, where the proprie tor of the store is not authorized oy the laws of Oregon to practice pharmacy. "Second If the proprietor in the above case insists on having a pre scription filled prescribing alcohol in the case of the prescription having been written by a physician, who is at the time of writing the prescription a man of intemperate habits or ad dicted to the use of narcotic drugs, who of the two is guilty of violating the law? "To this question our answer a that under the law of this state both would be guilty of an offense. The proprietor who directed the sale and the pharmacist who filled the prescrip tion and made the sale are equally guilty. "See section 2370, Lord's Oregon Laws, which reads as follows: All persons concerned in the com mission of a crime, whether it be fel ony or misdemeanor, and whether they directly commit the act consti tuting the crime, or aid and abet in it commission, though not present, are principals and to be tried and punished as such. "Said section has recently been in terpreted by our Supreme court in the ease of the state vs, Geor, 71 Oregon 501, and in many prior cases "3. It the sale is made uon an affidavit to a person who did not know that the person to whom the sale was made was a person of intem perate habits, would ignorance of such habits be a defense t "To this question our answer is m the negative. The pharmacist, sells alcohol at his peril, and if he sells without knowledge of the person's habits, he takes his chances. Ignor ance of such habits is not a lawful defense, but it is a matter that the court ean proierly consider in miti gation of the penalty to be inflicted. The Oregon Supreme court has lield in many cases that in purely statu tory crimes, unless there is incirporat ed into the legislation definition of the offense, the element of knowledge on the part of the defendant, the in tent with which the act was done is not an ingredient of the offense, and that lack of knowledge on the part of the defendant is not a defense. "4. From and after January 1. l!)1fl. ean a reeistered pharmacist fill a prescription for intoxicating liquor other than aleouoii "To this question our answer is no. The law plainly provides that the only intoxicating liquor that ean be sold by a registered pharmacist is ethyl alcohol for medieinai, pharma ceutical, mechanical and scientific! purposes. "5. I a prescription stating that the alcohol is required for roedieinaln nee sufficient without, any other spec ifications or directions for the use of t be alcohol f "This question we answer in the negative. The law provides that aneh prescription written by the physician must show on ita face the purpose for which sueh alcohol it prescribed. "Six Can a physician administer intoxicating liquor to a patient, when the tame is actually necessary as a medicine in the treatment of disease? "To this our answer is yes. The law provides that a physician in good standing in his profession and fol lowing the practice of medicine as a principal calling, may administer or piovide for the administering or any intoxicating liquor to his patient when the same is actually necessary as a medicine in the termination of any disease or malady, but nothing in the prohibition act contained shall author ize the sale of such intoxicating li- ouor bv the physician. "I will add for your information that the prohibition law makes no provision for the physician obtaining intoxicating liquor other than alcohol, except in the last paragraph of sec tion 12 of the said law, whioh pro vides that any person or tamily with in this Sitate may receive from any common carrier not more than two quarts of spirituous or vinos liquors, nor more than z4 quarts or malt li quor's within a period of four succes sive weeks." YOUNGSTER IS CLEVER FORGER Curtis Tucker Passes Worthless Checks on Dallas Merchants. Curtis Tucker, a sixteen-year-old lad of North Salem, was arrested by Snlera authorities on Thursday and confessed to having passed worthless checks at Dallas, Falls City, Salem and Oregon City. The boy has been gaining from his illicit operations over a period of several months anil was apprehended when he attempted to repeat the ortense at a balem store. Chief of Police Welsh of Salem work ed a confession from the boy, who ad mitted that Dallas and Falls City merchants had lost in the forgery by which he gained a total of $30.50. The checks issued by young Tucker were made out to Arthur Tucker and the fictitious name of C. S. Gibson was signed to them. Tucker made good his escape from Dallas last week after passing a forg ed check at the Hee Hive store. The check that Mr. Finseth honored was made out to Arthur Tucker and sign ed, as were those passed elsewhere, by C. S. tiibson. The piece of pa per cashed here brought the boy $8.50. A half-brother of Curtis, William H. Porter, is in the Marion county jail, serving a term for larceny. Mrs. Kllen Tucker, the mother of the boys, is seriously ill at her North Salem home as a result of .worrying about the depredations of her sons. Curtis Tucker has been turned over ito Ju venile court authorities. TERSE TALES OF TOWN LOCAL NEWS OF DALLAS AND THIS NEIGHBORHOOD. Personal Paragraphs Pertaining to People and Their Movements, Gleaned by Observer. LAND SHOW NEXT WEEK. Mrs. .Braden and J. E. French Work on Polk County Display. The Manufacturers' and Land Pro ducts show opened to the pub lic yesterday morning with a fine collection of products of the soil and factories of the state of Oregon. Polk county, the first to reserve space for a county exhibit, is well repre sented with her agricultural products and Mrs. innie Braden is now at Portland in charge of the booth. The big exhibition will continue until No vember 13, concluding on the night of that day with a gay celebration. Re duced rates have been granted on all railroad lines running into Portland and it is thought that the show will receive greater patronage than it ever has. Campaigns of education in con nection with the show have been car ried on throughout the state and an unlimited supply of money has been expended to make the venture a great success. Eighteen days will be crowded full of special events, amusement features and attractions ot a high order during the progress of the show. Every day will be a special day and visitors will find something of interest in the way of entertainment features on any day they should happen to visit the expo sition. ' FARMERS ARE JOYOUS. Rain Relieves Troublesome Situation on Farms of County. Joy has come to the fa1 mere. It came over the week-end in the form of heavy rainstorms in almost every part of the county and the agricultur ists are a busy body of toilers this week. The majority of the farmers have been almost afraid to try dry plowing in the continued dry spell that is said to be the longest - known in this pant of the valley for many years, and when their patience was almost exhausted waiting for rain along came the showers that redeem ed the hardened earth and made it possible to plow. With the rain farm ers resurrected long idle plow-shares and with genuine joy got down, at last, to the task of doing the fall plowing. Some of the less patient farmers despaired of seeing rain drops again and tried dry plowing. Especially where the tillers owned or could get tractors dry plowing was practiced. This has not been common heretofore and all are anxiously awaiting the first visible signs. of its results. This week Polk county's vast fields present a lively spectacle with plows and fanners working overtime at a task that should have been com pleted many weeks ago. Cash Paid for Bonds. The Oswego-Portland Cement eom pany has recently taken up the bonds held by Dallas parties, paT'n? r8" at par for the same. Other local peo ple interested in the company were induced to accept stock for the bonds hel.l hv them. The re-orraniration of the company has now been perfect ed and operations are being carried on. both at the company' quarries ami the plant at Oswego. John Eakin, brother of Hort C. Eakin, is visiting here for a Jew weeks. Mr. Eakin is from Waco, Texas, and is making a pleasure tour on the coast, visiting the expositions and longing for the perpetual sun shine of his southern home. As long as brother John can keep his mind off, the molasses and sweet potatoes that have made Texas cusines tamous, he will enjoy himself in Dallas. J. Teuscher, Jr., traveling agent tor the Bovs' and Girls' Aid society of Oregon, was in the city on Friday. Mr. Teuscher returned to Portland with two unfortunate Polk county children, who will be given a home by the society. Mrs. Ida L. Heed ot St. Joseph, Mo., is visiting her sister, Mrs. i. K. Hull at the Hull Spring ranch. Ruy Grounds, who has been ap pointed a lecturer for the W. C. T. U., visited friends in Dallas last week, preparatory to taking up his work witth the temperance torces. Walter h. Tooze, Jr., a graduate ot the law school of the University of Michigan, attended the banquet ot the alumni of that institution, held at the University club in Portland on Satur day evening. The alumni banquet is an annual affair and is an event of great interest to Michigan graduates who come trom all parts ot the state to loin in the festivities. Mrs. Ella J. Metzger, who was to have been a delegate to the conven tion of the State Federation of Wo man's clubs at Salem this week, was called suddenly to McMinnville, where her mother is very sick. Ocorare S. Sardam and wife of Mc Minnville were visitors to the city on Friday. J. E. Hawkins of Corvallis trans acted business in Dallas on Saturday. C. L. Hopkins of Falls City was in Dallas on Saturday. E. M. Faukersley of Corvallis spent Saturday in Dallas. Rudolph Autritt of the Salt Creek district was in the city Saturday. Evans Viers motored to Port'and, by way of Corvallis, on Saturday. I. L. Patterson of Eola was in Dal las on Saturday to attend the joint meeting of the Polk and Marion coun ty courts. Mr. and Mrs. H. W. Lawrence will leave today for California, where they intend to spend the winter. After seeing the sights at San Francisco they will go to Pamona and other Lai ifornia towns. Miss Naomi Scott, who has been suffering with appendicitis, is recov ering, it was at hist thongiit that an operation would be necessary. Mis. U. S. Grant, who has been con fined to her home by illness during the past three weeks, is slowly regaining her health. The ladies of the Evangelical church will give a bazaar and serve refreshments at Dave Crider's store on Main street, between Mill and Oak on Wednesday, December 15. Judge Wilson of Corvallis, who has been auditing the books and records of Polk county has completed the task as far as possible at this time and has gone to eastern Oregon to do similar of Polk county, has completed the task contract he is to audit the books from January 1 to December 31 and he will return later to do the remaining work. SEEK LANDS FOR SUB-DIVIDING these are getting in several hours' work' each day, under the careful watch of the sheriff, and within a short time should have the wool all piled inside the buildiug. But the sheriff has worries in connection with the labors of his charges. The period of crime that has just passed hangs as an omnious cloud over the sheriff's head and he contemplates with teiror the day that the county jail is forced to house 12 or 15 prisoners. Then the wood will have to be carried to the yard again. HOME CREDIT PLAN IS POPULAR Perrydale School One of First to Be come Standardized. Practically the entire student body of the Perrydale public schools has taken up the homfe credit work and the outlook for the future is encour aging. Many good reports have come from the parents relative to the in terest shown by the children in the home since this system was adopted. The school is one of the first rto be come standardized for the school year 1915-10. Many improvements have been made. In addition to a new building there are plans being made to erect a gymnasium during the year and subscriptions are being taken. The auditorium is now equipped with seats and can accommodate ,a large crowd. The school board has pur chased the needed equipment to bring the high school up to the standard re quirements for a fouir year high school. The district has a lively Parent Teachere' association, student body organization, industrial club, travel ing library and will add a manual training department in a short time. The next meeting of the Parent Teachers' association will be held on Thursday evening, November 4. Prof. Barr and Prof. Griffin of the Oregon Agricultural college will be present to give an illustrated lecture, the Palm er method of business writing, adopt ed in the school for the first time, is creating much interest and the stu dents are quite enthused over the iin provement. . The improvement in gen eral will make many other schools "sit up and take notice." R. G. Dykstra, principal of the Per rydale schools, and formerly of Buena Vista, is taking hold of things at the school and is well established in ithe community. He' has much praise to offer for the Perrydale people and for the teachers connected with him. Portland Capitalists Would Locate Belgians in Polk County. Col. B. K. Lawson, former warden of the state penitentiary, now em ployed bv a syndicate of Portland capitalists which has for its object the colonizing of lllamette valley lands by Belgians, was in Polk county a portion of last week seeking to purchase a large tract t)f land for the purpose, but has thus far failed to negotiate a deal. The colonel vis ited and inspected a 1000-acre tract in the vicinity of Buena Vista, but it did not meet with the requirements. Another large farm ten miles south west of Airlie was also inspected, but there is too much hill land in the tract to sub-divide advantageously. It is the purpose of the Portland people to secure at least one thousand acres of tillable land, not too far removed from transportation facilities, and sub-divide it into small tracts to suit the purchaser, who would be given opportunity to pay for the ?ame on the installment plan, payments to be made annually from 'he profits accru ing to the tillers. Mr. Lawson had negotiations for ? 1200-acre farm in Lane county well closed, but it the last moment the owner concluded that there would be more money in it by holding, and the deal fell through. This brought him into Polk county, but from present prospects he will be unable to find here what the peo ple he represents are desirous of se curing. Bif Box Pears SO Cents. Pears for canning, eating etc. Phone the grower. South 15L 68-2t. Prisoners Getting Exercise. With several cords of the winter supply of wood at the side of the jail Sheriff Ott is finding exercise for the county prisoners this week. There are only three men left in the jail, bat Polk County Farm Demanded. A fifteen hundred dollar farm in Polk countv is one of the property de mands made by Julia Cramp, who is suing Alexander Cramp for divorce in Multnomah county. According to the woman s complaint they were married in January of this year and less than two weeks later a well-directed kick from her husband broke the wife's leg and formed the basis for a war rant that was issued for his arrest. Cramp is still a fugitive from justice and his wite has despaired or ap prehending and prosecuting him. Therefore the divorce complaint and the demand for all property and the resumption of her maiden name, T. Julia Hnsse. Linn Gets Grand Championship. One of the Jersey cows exhibited by Frank Linn has won the grand championship prize at the Panama Pacific exposition, according to wjrd received here last week. Mr. Linn, one of Polk county's foremost stock men, has several Other fine animals exhibited and other Folk county ranchers have the selections of their herds on display. Mr. Linn's prize is the only one about which definite word has been received. THE CITY IN BRIEF Dr. Lowe Thursday and Friday. Thursday, October 28, Dr. Freeze, the well-known eye specialist from Portland, will be at the Gail hotel all day. Consultation free. bb-dt. Take your automobile repair work to C. J. Shreeve, Oak street. 64-tf. The Sterling furniture company frames pictures. 64-tf. Drs. Lowe & Turner, eye specialists of Portland, will be in FalU City again Wednesday, October 27, at Falls City hotel. For Fire and automobile Insurance see Chas. Gregory, city hall 82-tf Dr. C. L. Foster, dentist. City Bank building. Dallas. 71-F. See Van Orsdel and Manston for old ltne Are Insurance the Queen, Liverpool, London & Globe, company 13. The oldest and best on the coast. The Sterling Furniture company frames pictures. 64-tf. Go to the Dallas Brick and Tile company for vour brick and tile and save yourself money. 55-tf There Is more to hair catting tnan merely cutting oft the hair. Try us tor an up-to-date stylish hair cut C. W. Shults. lt-tt. Automobile repairs of every kin? and nature at C. J. Shreeve 's, Oak street 64-tf. Dr. Rempel, Chiropractor. 511 Church Dr. Stone's Heave Drops cures heaves. Price tl, for sale by all drug gists. Adv. 7-tf. The Dallas Wood company Is ready to furnish you with mill wood. Good loads and good service. All wood cash I on delivery. Phone 41. lOt-tf. I If you have land yon wish surveyed ; see S. B. Tsvlor, L E, city ball, Wal las, phone 791. Dependable work at reasonable prices. 58-tf. The Sterling Furniture company- frames pictures. 64-f. Ford owners, take 'Vour repair wort to the Ford Garage, C J. Shreeve. I FORB THE UNIVERSAL CAR Prices Lowered again, but the same Ford car. The record for satisfactory per formance for more than 900,000 owners surely makes it the "Universal Car"----the car you want It meets the demands of pro fessional and business men and brings pleasure to the whole family. Simple and strong, relible economical in operation or maintenance Runabout $390; touring Car $440; Town Gar $640, f. o. b. Detroit. On sale by C. J. SHREEVE DALLAS, OREGON Star Transfer Co. WE MOVE ANYTHING THAT IS MOVEABLE PROMPT SERVICE G. A. & L. C. MUSCOTT & A. P. STARR, Props. Phone Stands: Webster's Confectionery 511 Ellis' Confectionery 1062 Barn 1074 W. E. Greenwood, Mgr. 6. Stolti Company, Props. Dallas Soda Works Manufacturers of Soft Drinks Telephone 70S. 4M Ellis 8 tree! FOB SALE OR TRADE WELL IMPROVED 20 ACRES, 2 MILES FROM COTTAGE GROVE. LEVEL ROAD TO TOWN, FINE SPRING WATER PIPED INTO HOUSE, CAN BE PIPED INTO BARN; 3 ACRES BEARING ITAL IAN PRUNES, FAMILY ORCHARD IN BEARING. WILL SELL, TRADE FOR RESIDENCE, OR LAND CLOS ER TO WHERE I LIVE. H. G. CAMPBELL DALLAS, ORE. GET TRESPASS III AT THE Observer Office Of Known Value Heywood Mattresses Made of best material with extra felting in the center. Guaranteed to give you full value and satisfaction. Insist on a Heywood and get certain satisfaction. $12 $15 $18 Mad. Br HEYWOOD BROTHERS AND WAKEFIELD COMPANY PortUnd sad Seattle Sold Bj ALL DEALERS