Eugene daily guard. (Eugene, Or.) 1904-1924, December 16, 1907, Image 2

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Eugene daily guard., December 16, 1907, Image 2

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Newspaper Page TextTHIS Kl'f-ICXK DAILY' Gl'Anl), MONDAY, DKCK.MBKIt 10, 1W07 ! Useful ! ; Christmas ! I I VJVI lid May be bund at our store. A suit of Michael, Stern Co's. Fine Tailored Clothes we are sole agents in Eugene. Neckwear, Shirts, Hosiery, Gloves, Underwear, Handkerchiefs, Bath Robes LIQUOR GASES v r DECIDED BY JUDGE HARRIS Everything in Furnishings that a gentleman needs. Don't waste your money on foolish Christ'nas Presents. Buy some thing that is useful and will be appreciated. OUR PRICES ARE RIGHT I ED. HANSON I 8 East. 9th street Eugene, Oregon HeH Up For Adnvration i (wml One of our specialties la tiiu clean ing of Fancy Vesta, and, It necessary, the dyeing of thorn, nlso. We turn '.heao out In such n stylo as makes the owner wonclur how the transfor mation litis liuon effected. Komombor thlB wIhmi you linvu a vest Unit look h .milled mid Hliilliliy. Our genoriil cleaning niul dyeing work Id of a tilgh character, und wo do tho work in record tlinoi lit "too niodurato" prices. Eugene Dye Works Willamette St. Eugcn, Or IE. C. Gulliford Livery, Feed and Boarding Stables New Floor Room New Rubber Tire Turnout. Full Creek SUgc Line 109 West 0 h Slrcot. Prion Main 99 tf t Pictures for Xmas. We hv ut received Urce or der ol Ibem which we will tell lor lew dayi at prl;ei that will entice you Id buy. See Our Window OVERTON Wall Paper and Drug Co. I i.. Livery, Sale Feed and Boarding Stables Hcadqujrt'rj'fotFall Creek and Coburg stager.. Hjy cats and wheat, full line o mill feeds. Try us we will treat you rijfht. TOM BAILEY, PotP. Kgov as Transfer Barn Phone Red Ii2l Cor. 10th and Wilt. CIUCC1T COl'HT RKVKKHKM DK CIHION OK RICCORDKR'8 COIKT IX AY AND OVK CAHHH KKTS AKIDH AVI) AXNL'l.S VIOU DICT OK liOWKIl COl'HT TI1ICH10 WKHK CASKS WHKHKIX c;av and (iv k hkhk kixkd KOIl VIOLATING CITY IdQl'OK LAW J nil kh Harris, of the circuit court, this morning handed down Ills de cision In the cases ot f. C. Clay and W. ft. C'.iio against (lie city of Ku gene, writ of review from the recor der's court, In which he reverses the d"cls!on of tho lower court and awards the plaintiffs their costs und disbursements. I.. M, Travis w;s the attorney for (Jay and Clue, und S. D. Allen for the city. These were easoa wherein (lay and (lite were arrested for soiling liquor In violation of tho city ordinance and were each lined $200. The canes were taken to the circuit court on a writ of review and have been In Judge Harris' hands for several months, tho recent holidays pre venting him from handing down a decision sooner. The decision Is based on the fact that the council did not have, at that time, the power to pass the section of the ordinance) under which the arrests were made. The opinion as handed down by the Judge covers fifteen or twenty pages nr typewritten mutter, of which the following la given us the question at Issue: "Unset! upon litis stale of facts the legal ' (Uosllnn presented Is: Can the City of Kugeno, by virtue of tho aforesaid power contained in the charter, declare that a sale of Intoxicating liquor subjects the seller to a penalty for violating a city or dinance in addition to tho penalty Incurred by reason of a violation of the stnto law? That Is, cm the act of soiling he made lo constitute an orfense against two Jurisdictions? One Jurisdiction being the City of Kugeno und tho oilier tho Slate rr Oregon. Or. on tho other hand, did the locil option law. when nut into effect by tho voters of Lane county. suspend the power of the city to "prohibit," and during the period of suspension heroine the exclusive law prohibiting sales of Intoxicants?" The Argument. The decision of tho Judge Is based upon tho following argument: In the case of Kouts vs. Hood HI v. er, 4(i Or. 4 92, at pago 601!, the Su premo court sayBt "Tho cities and Incorporated towns nro governed In tho lssuanco of licenses of the kind by their sev eral charters and ordluuncea. All theso provisions remain oporutlve and are unaffected, by tho local option act, now under conslderutlou, unless tho people, by a majority vnlo In tho precinct, ward or district In volved, determine the contingency upon which the sale of Intoxicating liquors shall he absolutely prohibited In such d's'rlrl: Sandys vs. Williams. 40 Or. 27. If the vote lie against prohibit Inn. then the old law both tho general statute niul the local acls and or llmincca prlalntng In towns and rliles--r?'nalns operative; hut, If for prohibition, then Its opera tion Is suspended within the district until the people again voto against prohibition." As I read them, Ibn cases of Kouts vs. Hood Itlver; 4tl Or. 42; Sandys vs. Williams, 4(1 Or. 1127; Hnxtor vs. Stale, SS Pac. (i77-t!7!l, and Uenshaw vs. liine county, Sfi Pue. 117, proper ly rniiio within the rule announced lu the third class of cases. Slnco the case at bar Is decided on the authority of Itenshnw vs. Limp county, the whole of the opin ion of tho court In that case, so fur as It appertains to the question for decision here, Is given below; hut, each sentence Is numbered and para graphed the belter to analyze the opinion In that case. After quoting In full the sroresnld siib-dlv. IS of sec. 4S of the char ter which gives the city the power to prohibit the miles of Intoxicants the opinion proceeds; . "1. It Is contended by plaintiffs' counsel that the passage ot the local option law referred to so amended tho old charter of Kugeno as to take from tho common council the power to prohibit tho sale of Intoxicating liquors, and vested the authority in the elector of the county or In tho voters who resided In a part thereuf. which might Include the limits of the city; that when the new charter was passed In February, llHIe, res toring to the council the power of Which they had been divested In the manner Indicated, tho enactment was the latest expression of the legisla tive will, and necessarily repealed the local option law, so far as it had been applicable to Kugene, thereby depriving the electors of authority to I prohibit the sale of Intoxicating 1. quors within the cltv; and this bo i lug so, the vote In favor of prohibi tion as ent In the entire county, Ini i properly Including Kugene, was In i effectual for that purpose within the .limits of the city, and tor these rea sons error. were committed In dis missing the suit, and In ant grant ing the Injunction Invoked " 2. "An ev.imlnat Ion of the local o'Mlen law Coin In-ed as that, thoiuh the enactment is general, and levainc operative in the entire state at the time of Its pas-ae. it ill I no! af fect nn.v maie'lal c'l.tnite In t; - ex isting municipal rtnricrs whhT? au thorlicd the licensing or prohibit ing of the sales of Intoxicating It qnors In an Incm poi .ite.i town of city, until its proiislon.i ,:e trad. I 9 specially upfSlicnlile to a. particular locality by a majority ..vote of 'the electors tlii-reof In favor of prohibi tion." .;.. 3. "The law thus enacted by the people should bo read in connection with the charters mentioned, and Is. In effect, a declaration that an ex ercir.e of the powers granted by the legislative assembly to Incorporated towns and cities, as evidenced by the municipal charters, to issue or deny llscensea for the sale of Intoxicat ing liquors might be continued until changed In the manner prescribed." 4. "The law adverted to practi cally Ingrafted upon tho charier of every city or Incorporated town In the state an amendment, limiting tho powers granted, as Indicated by the quoted words following: The com mon council (or other legislative body! shall have power, within the municipal limits, 'until deprived there of In the manner prescribed by the local option lnw, enacted by the peo ple June 6, 104,' to license, tax, reg ulate or prohibit, etc, citing the San dys, Kouts and Baxter cases. 5. "Such being the effect of the local option law, It did not take from the common council of Kugeno the power which they acquired under the charter, until they were deprived thereof by a majority vote in fnvor of prohibition by the electors of Lano county, which territory included the limits or the clly." It will be cb-it-rved that whenever allusion Is made lo the newer grant":! the city tho oplnl.in has reference to the power to "prohibit." Pur. 1 Gtr.tos tlic conl ?i:tlon of Cm parlies, which Is, In effect, that the charter enacted prior to the local op tion law gave the city the power to prohibit; that the passage of tho lo cal option law repealed the power so granted; and that the ro-emioted charter granting the power to pro hibit, and passed subsequent to the passage of the local option law, In turn repealed tho local option law so far s concerned the city of Kugene. Pur. 2 re-states concisely the law of tin Sandys case, which is that the mere passage of the local option law does not affect city charters; and the law of the Kouts case, which is that, when the local op'lon law is pas law as distinguished from a genera! law ; s distinguished from a local law, and wiion tho court say lu this para graph that a charter granting power to prohibit Is not. materially affected "until" the local option law becomes opor.illve by reason of the majority vote of the electors, It Is the same thing as saying that a majority vote d(Ks materially affect such power. Par. 4 says plainly that the city Is deprived of its power to prohibit wbe'i the local option law Is put Into operation; and when the court say In Par. 5 that the local option law "did not take from the common coun cil of Kit;;eno the power, which they acquired under the charter, until they were deprived thpret.f by a nia jorliy in favor of prohibition," they say Just as plainly as the Knglish language can be made to say It that the Majority vote of the electors of Lane ( ouuly does deprive Ihe common council of the power to prohibit. Tho word "power" used In para graph li has reference to the power to prohibit mentioned In paragraph 1, nad thlB Is necessarily tho reference made because It was tho precise point of tho controversy and the court so states In paragraph 1, and then proceeds to stnto the law applicable to tho contention and tho result of such application. The Itenshnw case Is decisive of this case and under the law of that rase tile common -ouncll is deprived of the power to puss ordinances pro hibiting sales or Intoxicants during tho time tho local option law Is op erative wkliln the corporate limits. To hold otherwise Is to Ignore nut only the explicit language but the very clear reasoning and logic of Ihe supremo court. When Intoxi cants are sold wlUiiu the city limits of Kugeno the seller violates the lo rn I option lnw and If the seller Is tried for selling before the person elected recorder ot Kugeno tho seller must bo tried before the recorder ns ex-offlclo Justice of I ho peace and the olfense charged must be that or violating tho local option law and not tho violation of section 'A of the ordinance In question. CLARKE WINS . ' SATURDAY'S GAME Portland, Or., Dec. 15. Multno mah, 21; Seattle, 0. GlorlouB revenge was taken by Multnomah yesterday afternoon on the Seattle team, which has beaten her for two successive years, and when the unequal contest closed three ' touchdowns and a field, goal stared the visitors In the face.' i Multnomah outplayed Seattle In every department of the game, al though It must be admitted that the i blue diamond players were handi capped by the soggy sawdust field. Seattle was wofeully weak on hand- ling punts, and two of Multnomah's touchdowns were directly duo to the fumbles of "Uode" Brlnker. I Multnomah, reinforced by Full ' back Du lley Clarkp, of the Univer sity or Oregon team, and "Weary" Chandler, former star end and cap tain of tho lemon yellow, played like a new team. There was a unity of attack and defense seldom exhibited I by a club team, and every advantage I was taken or the forward pass, on slde kick and lake formations pecu liar to the new game, j Seattle's offense was ragged, al though at times the sound boys ral I lied and were able to make gains on I the winged "M" players. These, how I ever, were stopped after two or three downs and the visitors compelled to punt. Clarke Heat nt I'liiitlng. After every exchange of punts Se I attle lost ground. Clarke got away I some remarkable kicks with the soft, slippery oval, one of them sailing I through the air for 65 yards. He was 13 yards better at this kind of ; game than Kerns, Brlnker and ! Grimm, who alternated for the visi tors. After all It 'might be said that the score would have been much smaller, very much smaller, had Clarke not been on hand to boot the spheroid. Multnomah adopted tho same tac tics that Oregon put. luto force against the clubmen on Thanksgiving day. Clarke's long punts would con tinually keep the ball In Seattle ter ritory and at times dangerously near tho Seattle-goal line. TIMIIKP. LAND Here Is the chance ot your. life. 1 ran sell you timber In tracts from 4,0011,(1011 feet lo 4 00,000.0(10 feet ns low as 2 T cents per thousand feet. This w ill make you 100 per cent per year. Put your money where It will niako you a fortune In a short lime and atop talking hard limes. There never W'hs ns good a time to buy as now. Don't wait six months ami then kick yourself for whnt you have lost. Inquire at 4S2 Willnmetto street or write James N. Itandall. Lock Uo 455, Kugene, Or. "PKXXY WIKK AXI POIXI) l'OOI.ISII" POLICY Kdltor Guard: That was a very fine illustration this morning of the penny wise and pound foolish" management- of the city council in taking tho fire team for the streel sweeper. No one will dispute the statement that the first minutes at a fire are those that bring It quickly under con trol and with the least possible loss. Wait five or ten minutes to make the change from Ihe street sweeper to the fire apparatus. In some Instances they might ns well not go at all. A divorce between the fire and street departments of tho city cannot be brought about too soon. J. It. CAMPBELL. Holiday Gifts that please everybody Everyone wishes to give gifts that please the recip ient and we make It easy to do so. We do this by affording the widest selec tion of desirable gift goods nf hi?h quality and by soil ing them at a lower profit than ordinary dealers ex pect to make on t):ls class nf -;oods. In fa-t, it will be lmposs'ble for us to carry over much -cf P and have Cl'T TIIK IT.ICK to the lowest limit In order to clear out the entire stock. We name some of our leading lines below, but it is, ot course, impossible to give you a hint of the beau ty, novelty and real worth of the goods, or of the com pelling power of our low ortce:'. Fine Toilet Articles, Perfumes, Cameras, Dolls, Toys, (antes, Itooks, Mirrors, Ijitest l.enllier (ioclx, Jewelry, Pictures, Stutunry, Smoker:.' (Joorts, Cut (ilass China, Art Wares, llox PaiM-rs, Krmituiit Pens, Silver and Copper Novelties, Silver mill Plc.tcd Wares, Slmvini; Set:-, Traveling Sets, Albums ISibJes, . Hyiimrl'-, Jaiti:ese (vel:ies, Fancy Coeds,, Desk Accessories, Christmas Cards and Book lets, Confectionery. Kdison riionograpiiH. F.tc, Kic. Hv THIS IS THE TIME OF THE YEAR. WHEN YOU WlLL-jWANT A NEW STEEL RANGE Buy the range you can rely on, and from the firm you can rely cn. We sell the Universal, Toledo and Quick Meal Ranges Come in and see how nice they ar-: We ere loaded with Headers all kinds from $2.00 to $20.00 More arriving every day. "Itlyou don't buylcf us, WE BOTH LOSE MONEY." BERGER-BEAN HARDWARE Co COFFEE 'Five degrees of excel lence: good; better; fine; finer; finest: all Schilling's Best. Your irrorpr returns your money If you don'l like il: we pay htm A HAKK CIIAXCK I have a farm of 127 acres to sell; 70 acres In cultivation, 30 acres pas ture; 1 1 acres timber; liorseB, cows, hogs, chickens, wngons. farm Imple ments; orchard and good buildings. $4N per ncre. Kour miles from de pot; good schools and neighborhood. Knqulre at the Springfield Hotel, Springfield, Or. tf THAT'S IT! Karly lo Ited , and early to rise makes on? healthy, happy and wise especially If yon lake Herblne before retiring. A pos itive cure for constipation, dyspep sia and all liver complaints. Mrs. S. Columbia. Tenn., writes: "I always keep a supply of llerblne on hand. Am so pleased with tho relief It gives lu ronstlputlon and all liver com plaints that words can't express my appreciation." Sold Viy I. Inn Drag Com pun.". Catholic prayer hooka hi Katon's. Indian baskets ami Navajo rugs at Katun's. It If you are going to use coal this w'nter it will pay yon to get a Wilson Coal Heater. dtf Cough yourself Into a fit of spasms and then wonder why you don't get well. If you will onlyry a bottle of Ballard's Horeiiound Syrup your refuga will be a thing of the past. It is a poslthe cure for coughs, Influ enza, bronchitis and all pulmonary diseases. One bottle will convince you at your druggist's, 25c, 60c, II Sold by Linn Drug Company. W. 1). W. CKiAlt Best fc cigar on the market, tt LKE HOSKLTO.V. Why not place a beautiful piano or organ In your home before Xmas? Call at the Kllers Piano House, 24 West Seventh street, and ace their stock. Silver novelties In great variety Watts. tf See Watts for best values In watch cs. - tf 11 1 i?' li I W. M. GREEN, SKoSJ ! 619 Willamette St. Phone Main 25 SELKCT1XG GlJOt EltlKS here Is not an easy task. Thsrs are so many good things to eat that you feel like trying them all. ' But It is easy to select groceries if giod quality,-hew; ever. In facl yon rar.nnt choose any :er kind lrre for we haven't any. So cmnc r.rd g?t your gro'-?.-';es hr-re. I! you are temple:! to l oy nro:? thaa you need they'll keep anyway. HULLJS DRUG STORE OREGON HOME & LAND CO. Rooms 9 and JO, over Chambers-Bristow Bank Get you a home of your own Have some good bargains in small and large farms. City lets and City Homes. , Will be glad to show you anything' in real estate A Square Deal to All Ore3on:;Hcme &Land Co., A. A. Aaby, Mgr. 206 14th Phone B'ack 1561 c 1 ( ; a R s Julius Goldsmith If you want a good SQUARE MEAL I go to ? Livery Boarding Stables BARNARD X&'VYEST, Preps. First-Class Turnouts of nil 'Descriptions. Rubber 'lire Cubs and Single Rig IF YOU W.S-i A CAB RING UP MAIN 21 No. 45 West Ninth Street ; The People's ; Restaurant ! m 49 We t 7th St m Meals at all Hours J W. C. YOUNG, Prop. I 100,000 Bottles of Sweet Wine Give Away Special Holiday Gift m r, .i.,r n,l. lnn. ....... inno nl.11 uunC frC 11 1 purchaser ot our famous brand of whiskies, and which we are now olfwi at the same prices as heretofore, as follows! n P S. With one gallon of our Jacob's .Monogram rtye or Ilonrlion a r Whiskey, regular prtce'5 per gallon,-we will give away gratU tour ties of fine old California Wines, regular price f0 cents per hotlie- brand that yon might select. The price of the Whiskey Is l-: m Is 2. You will get a 7 purchase for 5, freight and express cn prepaid. ... With one gallon of our famous Standard AAA five, rest; tar v OIQ ini ksiioii, we win give away gratis tnree Domes 01 i.u.- - y Sweet VlnP roiriilur niln. RA no hn.flo Ynil ma.V SeiCCi brand you desire. The price of the Whiskey Is $4 : the price of ' ' Is $1.50. You will get a 3.60 purchase for M, freight and i'f charges prepaid. vtun one gallon ot our ramous Ranter AAA iiounem, nrtlI 14 tier i.nllr.n .in i.. ... .t v.,,i ( fine Old (111'". , r" ., " j win wny kihiib iiii ee uwi r.i ... hrlSl le. you ma s-" '"' ,,! I 14: the pr!-e of th "' ou will get a j:i.50 purchase for l. freight and express rpiu'jf t'se Ilex h'llntkote roofing We can tell you why It la better. Cham bers Hardware Co. 10-S.S Skating at the t'nderwood rink to n'ght. Come and enjoy yoii.seK: a pleasant time assured. tf Do not fni; to attend the masquer ade at tho armory New Year's eve. tf HOW&R (Sb WOOD Rel Eite nd Tlmbrr Lndi Ranch, Frni nd Cily Propwty Yoef fliorjff rrtrrcllully solicited Room ), ovrr First Nalloual Bank (lulng fast, the choicest of our ' large holiday display. Have j.ou seen III Parkers tiun Store. Oi.rn ci-ti. I Mugs. tf Tins l, i-ar-dles and lil r -d Chrl.-t- ' mas bells at Parker's (!un Si 're. Ore'" , i evening. ti Kookweod. tlnnlu. Van ltrlg:'i j and Teco Pottery at Katon's. tf Silver bonnet, clothes and hit brushes at N'.'.i' : s'. tf CASTOSIA I For Inf.in.tt - :.t Cluidrciv. lo Kind Ycp Williarm Co. Transfer Light a4 Mrturr .Hwliaa WOOD FOR'bUI 501 xTll,,itrSI.. f.ipJi-. 0. Pli.iuw !Mr.- t O S.E. Stevens . e,MI.( Plckard War.,'. hund-pnitut a china at tt Bears the 3k4rtMUIU id V ..Piano Tuner.. 3 al'Biif 1 t-t-v orders it Eilcrs Pi.ttio Houst .. I O'honc Main 41 l Rfsidcrtce J33 Vest 12th street Reside Phone Red ?"7l ... Af With one gallon of our famous Ranler AAA tlonrbon, r"''',rnl, give awav aratls three bottles of fine oia i . uR... wi a . , ... erl ID' . ..iiit-B, leguiar price iu cents per Dome, ion , th. Vl ) may nesire. 1 ne price ot the Whiskey Is 14: tne pre-e h r(rt li r.n x-,.. .in . .. - - a , . . . express ca'e nrenaid "no one gation or Tillamook Hye or Monro in f(,,aii Price 1:12.", we will dr. o. ,r .,. i,nn. of fine n.t la ... nweet wines, regular price SO cents per bottle. inn " " brand you may deslr". The price of the Whlsk'T Is ?,."': ''' Wine Is $1. You will gel a $4.25 purchase for M f'" press charges prepaid. "I'll one gallon ot Shpehon'. PrUst. Hurl Uve or no". jiegular pile" $3 per gallon, i will It ixi free t-' 1 I eld California Sweet Wines, rf.lr iva-a f0 rents a select any brand yon deslr. Tot rrk of te Whl'kcy ' .the Wine Is $1. Yoa vlll (r .rch for ti. Ir. -a'' faarges prepaid. ' fk.. . .. . - - . ...4 .,.-.! . tt l-vxtrva :?. hive the l-yi.xwing c"- Jvtfr ' 9s4T A . vlaic.tcl, Swrrl CiUwbt, Mid-i" til M ''" it? will he ew IVJ onvrv extn illon you ori-r to as m-nybt-! ' th l,rr.l E,,l'... n M i Vn.t vntr n. I,- U. .h. J.'.i .-j.i--. .11 i - ... V,d 4 CT PirV'drl.'n r,-e Seed V,1U mio or Post Oilier Money OrJ" wevam-.nt ship C. O. D. I'f! ft ind le.. -( rr Va .v. arlf I'l l nrW -i ,.tfc v"1 o 51 FroiO., Street MIKft JACO ft r,OM?ANY WHOLESaU UO.UOX DF.Al.EB-5 0rC( PORTLAND,