Rogue River courier. (Grants Pass, Or.) 1886-1927, March 01, 1912, Image 1

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Rogue River courier., March 01, 1912, Image 1

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Newspaper Page Textvol. xxm. GRANTS PAS8, JOSEPHINE COUNTY, OREGON. FRIDAY, MARCH 1, 1912. NO. 47. SIX DRINK RESORTS CLOSED BY OWNERS NEW CITY ORDINANCE THE WORK. DOES REYENUE LICENSE IN WAY Proprietors Must Make Affidavit They Own No Government Paper. List of Closed Places. The following soft drink estab lishments, numbering six, did not open for business Wednesday, the doors of some of them bearing cards reading "CLOSED," others being locked and no sign displayed. Elmer Hays, 405 Front Btreet; Byrum and Deveuy, 503 Front street; Dan Hearn, 107 South Sixth; Tom GUmore, 109 South Sixth; Geo. Williams, 309 South Sixth; the "Blue Goose," 612 II street. It is Btated that one, possibly more of these establishments will take out the city license and re-open for busi ness as soon as they can legally get rid of their government license to retail liquor. Licenses Issued Wednesday. Up to 3:30 o'clock Wednesday the following establishments had made affidavit that they did not own a government license to retail liquor and took out a city license to con . tinue in business: J. A. Slover, druggist; J. V. Schmidt, soda water; F. W. Russelll, confectionery; Eliza beth Sauer, retail soda water; J. V. Hale, restaurant; Geoarge Hull, soda water; E. R. Lawrence, soda water; R. L. Byrd, soda water; W. S. Wood, Palace hotel; John W. Martin, soda water; G. Steinhauser, Mocha restaurant At midnight last night the new ordinance went Into effect whereby eating houses, drinking placesand drug stores of Grants Pass musttake out a license and make affidavit that neither the proprietor nor any one connected with the establishment is the holder of a government license to sell liquor at retail. As an en gine of destruction of the bootleg eine traffic, so far as established places of business la concerned, the ordinance Is a terror. To couduct a place where drinks of any nature are sold or to conduct an eating es tablishment or drug Btore, the own er must take out a city license, fee $1 a quarter.- He must swear tnat no federal license to sell liquor Is owned on the place. Then If he swears falsely the state has him cinched under the perjury statute, which means the penitentiary. He cannot conceal the federal license, because If he does the United States government will reach for his scalp, as the federal law reads that the government license must be posted conspicuously in the place of busi ness. A violation of this federal lavr means a heavy penalty. The only man who can surrepti tiously sell liquor is the individual who slinks In the dark alleys and back rooms and trades a bottle of buathead whiskey for as much coin u he can wring from his thirsting purchaser, and this type of lawbreak er must run the risk of being clnch td by both the government and the local powers. The several establishments in the city owning government license, if they want to continue In the oft drink, restaurant and cigar business, will be compelled to send the federal license to the office of the United States menus collector at Portland and have the same cancelled, then make the affidavit that they own none, pay the one dollar license to the city of Grants Pats and continue In business. This Is the method of procedure, stated an official of the c'.ty government The form of affidavit now being made by those business houses tak ing out the city license reads as folio!: POMONA GRANGE TO HOLD FAIR IN GRANTS PASS (From Sunday's Dally.) At the meeting of the Josephine County Pomona grange at Merlin to day the executive committee decid ed to arrange for a county grange, 'air, to be held In Grants Pass, prob ably just before the state fair. A nesting of this committee will be held in the Commercial club rooms ol this city at 11 o'clock Saturday, March 23, at which time the grange people would (Ike the teachers, the Commercial club and the Woman's Auxiliary to have committees to meet and confer with them regarding the fair. This decision Is the outcome of ef forts being made by County Superin tendent Savage, assisted the past three days by Field Manager Calvin C. Thomason of the children's fair movement of the state, to have a children's fair In Josephine county, at which tho pupils of the schools may exhibit the products of their ef fort along agricultural and Indus trial lines before taking these exhibits to the state fair the first week in September. Officers of the Commercial club have expressed a desire that they be assured of the cooperation of the schools and the people of the county, and that the work be not thrown up or a few business men. The schools are now In line and the grange will shoulder the big end of the work. So all that Is left Is for the Commer cial club and business Interests, as well as the women, of Grants Pass to help the grange boost for the county fair. Local grange fairs have been held heretofore In the smaller towns of the county, but the members and officials of the grange are very friendly to Grants Pass, and believe that a centralized fair would ac complish better results than the small local fairs. The Pomona grange Is the parent organization, composed of all granges l't the county. There were In attend ance on the meeting at Merlin today 100 persons, representing members from Jump-Off-Joe, Hugo, Grave Creek, Merlin, Murphy, Williams, Fruitdale, Illinois Valley and from other localities In the county Other matters of Importance also rrcupled the members. Affidavit for License. State of Oregon, County of Jose phine, 88. I, being first duly sworn depose and say that I am the appli cant for license to carry on the bus iness of at No., .of street in the city of Grants Pass. The names of the persons interested In said business are as follows: That I am not the holder of, and no person interested In said business 1j the holder of a' license to sell liq uor at retail issued by the Internal revenue department of the govern ment of the United States, and no person employed In said business Is the holder of said license, and while I conduct said business, no person will be employed who holds any such license, and if any person Interested in said business shall receive any such license, I will Inform the city attorney as soon as I learn of such fact. Subscribed and sworn to before me this. ...day of .1912. Auditor and Police Judge of the City of .Grants Pass, Ore. The form of affidavit for aay drug store la as follows: stafa of Oreeon. County of Jcse- ohlne. ss. ' I .-. being first duly sworn depose and say that I am the appli cant for license to carry on the bus lnesa of druggist at No. . . .of street In the city of Grants Pass. The nf the nersons interested in Li a lxi said business are as follows: The place of business for which this license Is asked Is a drug store In which Is employed a pharmacist licensed by the state of Oregon, LAdA nflmft I Tb&t 11 l. c - - - said government license Is only Is sued to authorize the sale of liquor and aVnhol under the laws of the state of uregon and the city of Grants Pass. FORMER CHIEF OF POLICE ROWLEY IS FREED FROM SHOOTING CHARGE Case Reopened This Morning After Defendant Was Held Last Night to Appear Before the Grand Jury. SYNOPSIS. w Saturday night, February 24, at about 9 o'clock, G. M. Rowley, then chief of police, assisted by Officers Jordan and Rogers, made a raid on the premises of F. M. Wlckman, 215 West K street, for the purpose of seizing liquor. In the excitement of the affair a number of persons rush ed to the Bceue, some with guns, fir ing resulted, the officers ran, both sides did shooting and C. S. Blxby of 319 K street was shot in the left shoulder. Monday morning Chief Rowley was arrested, charged with the wounding of Blxby. In a pre liminary hearing yesterday he was held to await action by the grand jury. The case was reopened today and the defendant dismissed. Held to the grand jury by Justice James Holman last night at the ter mination of a trial lasting the entire day, G. M. Rowley was discharged from custody this morning after the case had been reopened. This forenoon Attorne; ueo. . Colvlg and Attorney J. N. Johnston moved In Justice Holman's court to reopen the hearing on the ground of newly discovered evidence, which motion was granted. Mrs Emma Heston was called and testified that she heard shots fired, and saw the young uickman fire one shot and disappear behind the corner of the barn, when another shot, apparent ly from the same gun, quickly fol lowed, which seemed to account for the fifth shot heretofore unexplained. Drs. Loughrldge and Truax tes tified In answer to hypothetical questions, based, on the testimony that the gun shot by Rowley, a 38 calibre, could not have produced the wound In the shoulder of Blxby and that the direction of the wound ex cluded the posibillty of the shot's having eminated from the bank of the creek near the ground the po sition from which the shot was fired according to the evidence. - When the evidence was heard Prosecuting Attorney B. F. Mulkey moved to discharge the defendant, his motion substantially being-as follows: ' From the evidence It seems to me Impossible that Defendant Rowley fired the shot that hit Mr. Blxby. The doctors agree In the opinion that excludes the possibility of Rowley's gun having produced a flesh wound In the shoulder ranging horizontally backward, and that such a gun as Rowley shot could not have produced a wound of such a character. A 32 low power revolver Inflicted the wound and Rowley shot only a 38 smokeles powder, high-power gun. No grand jury would ever indict, and certainly no grand Jury ever convict over such evidence. "If further evidence develops be fore the April term of the grand jury, Mr. Rowley or any other person to whom It points, will be Investigated. It is clear that Mr. Rowley will be here in this jurisdiction at that time. In any event. "I, therefore, move that the defend ant be discharged from further cus tody." The motion was granted and the defendant discharged. Yesterday's Proceeding. The preliminary hearing of G. M. Rowley, charged with assaulting C. S. Blxby with intent to kill did not terminate until 6:30 o'clock last evening, when Justice James Hol man held Mr. Rowley to the grand jury. Arguments of the attorneys were brief but of unusual Interest. Prose cuting Attorney Mulkey, who sup- j posed he would only art In a passive manner, found hlmselr, so he stated, with "the bag to hold," In that the other prosecuting attorneys were missing, and he alone had to uphold the mate's end of the matter. Mul key's position was a peculiar one. On the one hand he was In entire sym- pathy with howley's actions So far as the effort to attempting to seize liquor in Grants Pass, here in .viola tion of the law; on the other hand, ho wds compelled to represent the state in the prosecution of Rowley, now that Rowley was on trial charg ed with a crime. Mr. Mulkey first made a brief address reviewing the facts and the testimony from the Btandpoiut of the state, and put the blame for the shooting on Rowley. Attorney Mulkey was then follow ed by City Attorney Colvlg for the defense. Mr. Colvlg presented a strong argument during the brief time he spoke. He contended that there was not a scintilla of worthy evidence to show that Rowley did the shooting, or that he could have done the shooting from the position he said he was In and his enemies said he was In under a bank 10 feet high. Mr. Colvlg placed stress on the matter of the officers being at Wlck wan's barn In discharge of their duty; that they had an undisputed right to search and seize any liquor there. Judge Colvlg was followed by At torney J. N. Johnston, also for the defense. Mr. Johnston opened his argument by discussing briefly a point of law affecting the case, thou made a brief argument on the evidence. He complimented Mr. Mulkey, stat ing that Mulkey was right In seeking to Investigate the case thoroughly. Then quickly the audience got a sur prise, for the attorney got busy with out gloves, figuratively speaking, on Illicit liquor traffickers. It was clearly seen that the speaker was not talking for simple effect, but that he was in dead earnest, and felt all he said. A few sentences of his speech were as follows: "The bootleggers and bllndplggers of Grants Pass are trying to over come the marshal's and the other of fice's' authority. It is time we were calling a halt on this kind of activity. Not only Rowley Is on trial, but all honest officials who go out in an at tempt to enforce the law are on trial. If Rowley Is branded as a criminal and sent forth as a criminal, what are the other officers and officials to do? Then law will be destroyed and our country turned over to an archy." Mr. Mulkey Again. Then Mr. Mulkey took his second round, and he also put in a surprise. He said: "I want to say to those Individuals, whoever they are, who employed a lawyer or lawyers to prosecute this case, that they, the employers, did not get their money's worth, for 1 was left nere with the bag to hold, when 1 thought 1 would be merely a nominal figure In the case. "1 had expected that other attor neys would appear and handle the prosecution of this case, though 1 had arranged my business so as to be present at all times and assist. "I had not looked Into the case thoroughly because of this assur ance. The talk on the streets, as well as the press reports, was to the effect that able counsel would push the prosecut'on to the farthest lim its. Now I find myself practically alone In the prosecution and 1 am summoning all my energies that the state may be properly represented. "I confess I feel much more com fortable when prosecuting a man for violating the liquor law than I do when prosecuting a man who, through a zeal that outran his Judg ment, wounded a man who was an Innocent neutral. "The complaint charges Mr. How ley with assault with intent to kill. The evidence shows that Mr. Rowley had no Intent to kill. The evidence sems to show that Mr. Rowley com mitted an iHsauit with a dangerous weapon, which assault docs no' nec essarily carry a murderous Intent. "The party llred upon thought the (Continued on Pag Kght.) SALEM MEN HERE IN CONFERENCE RATE FIGHT Max O. Buren, formerly president of the Salem board of trade, and three other business men of the capital city, were In the city Tuesday to con fer with merchants here And to ask their co-operation In the tight which the Willamette valley tovus are put ting up before the Interstate Com merce Commission relating to the Oregon and California long and short haul rate; also for a terminal rate at Salem., The merchants of Willamette val ley sent A. M. Cousins, a prominent attorney, to Washington some time ago to appear for them before the commission and argue the rase, upon which occasion a tentative decision was rendered by the commission, which, however, gave the railroad an opportunity to again appear before the commission, March 4, 1912. The Salem gentlemen were here to get assistance from the Grants Pass merchants to pay the expense of send ing Attorney Cousins back to Wash ington to make further argument In the case at the time specified. At the request of L. B. Hall, II. L. i'ruax, II. C. Bobzlen, C, H. Demaray and L. R. Steelhammer, President Sa bln called a meeting of the Commer cial club for 4 o 'clock Tuesday. The visitors took up the subject, go ing Into detail regarding the whole matter. TO LET CONTRACTS FOR 63 MILES ELECTRIC ROAD The following appeared in the Spokane Chronicle of February 25: "Contracts will be let within 30 days for the construction of the first 63 miles of electric railroad for the Oregon & Southern Railway Co. The officers of the company are J. A. Doyle, of Medford, Ore., Pres.; Geo. Godfrey of Spokane, Wash., treasurer; H. M. Farren of Medford, director of maintenance, and J. R Mitchell of Spokane, formerly con nected with the Great Northern rail way of this city, chief engineer of the new company, and L. M. Rosen- baum of Seattle, general counsel are holding a conference in Spokane to day. The company plants to build 181 miles of railway In southern Oregon between Ashland, Roseburg and Marshfleld. "The survey and profile maps of the new road are completed. The contract calls for a completion of the first 63 miles of road before De cember 1. "The company will secure Its elec tric power from large power plants which are either completed or near ly completed in the territory through which the road will run. The coun try which the new road will supply Is at the present time void of elec tric transportation and facilities The company figures on a highly profitable passenger business and ex tenslvely heavy tonnage In the freight department. "It will furnish electric street car service In the principal cities served by it. Street care service will be in stalled first at Medford, Grants Pass, Roseburg and Ashland, all cities of moie than 5,000 population. The Oregon & Southern Railway com pany Is a Washington corporation with a capital stock of $2,000,000 "President Doyle and Director of Maintenance Farren are guests at the Victoria Hotel in Spokane." MICH WAV DRUGGIST REMOVES TO OREGON. Mr. and Mrs. F. N. Chappel ar rived this week from Charlevoix, Mich., to take up their home on their place six miles up Rogue river from Grants Pass, the Savage place, which they purchased a year or more ago. Mr. Chappel has re cently sold his extensive drug busi ness In Charlevoix, which he has conducted for the past 19 years, and comes to Oregon to remain per manently. Theiiy bin car of household goods and farm machinery has arrived In Woodvllle, their nenrent s hipping point, and they will soon be set tled In their new home. MLANE CONFIRMED AS PO CE CHIEF ROWLEY REFUSED TO RESIGN AND IS REMOVED. OTHER CHANGES LIKELY Bond of New Chief Signed by J. L. Myers and John V. Schmidt of "Pastime." At the meeting of the city council last night Chief of Police O. M. Row ley was removed from that position by Mayor R. O. Smith, who named C. E. McLane as chief, the latter being confirmed by the council. The moment was one of solemn ity. There --was no concealment of the fact by the mayor that he regret ted the entire matter. He said In part: "I want to Bay in this connection that my action In removing Mr. Row ley is not based on anything which occurred in this room during the day at his trial before the justice of ths pence. I was present and heard the evidence, and there was not a particle of evidence to Justify an official hold ing him to the grand Jury. He had a perfect right to shoot, and I think the most surprised man In the court room, when he was bound over, was the prosecuting attorney himself. I have a high regard for Mr. Rowley as a man of honor and integrity. As a chief qf police, however, I find him not the man for the place. Ills ac quaintance is limited; he has not the necessary tact for such a position, and he has not enforced the law In a way I expected him to do. Before I went to Idaho the last time I Instructed him to raid certain places and seize liquor. He did not do so. He was rec ommended to me by other people as a man fit for the position, and one who had experience elsewhere In such positions. But If that be the case he hasn't profited by that experience. 1 had Intended to ask for his resigna tion last Monday, but in the mean time this shooting trouble came up, and I have waited because I wanted to see that matter threshed out. Now I have asked for Mr. Rowley's resig nation. He refuses to resign. I now remove him and appoint C. E. Mc Lane to fill the position. I may in a few days make other changes in the police force. "Regardlug Mr. McLane, I have In vestigated his record and I find that he was hampered by official author ity and could not do what he would have as an officer preferred to do." When the council had confirmed McLane the mayor turned to him and said: "Mr. McLane the same laws are In effect now as when Mr. Rowley was chief, and I expect you to enforce them. You will uphold the laws, both city and state. You will confer with the city attorney on matters of law, report to the police magistrate, and I am tho executive officer of the city. You will take no orders from any other man. Please remember that. You have a bond here signed by private parties. I hope you will speedily get a surety bond so that you will be under no obligations to any person." M (Lane's bond Is signed by J. L. Myers, former mayor, and John Schmidt, proprietor of the "Pas time." The mayor's veto of the ordinance amending the Sunday closing law stands, a vote to sustain the veto or pass it over the executive's head fail ed to override the veto. The vote was three to three, not sufficient to defeat the veto. The vote on the question was; To pass over the mayor's head, Herzlnger, Strieker, Wolfsersborger. To sustain the veto: McLean, Cald well and Kverton. By ordinance no person will here after be allowed to keep any stallion or Jack In the city for breeding pur poses. "(Continued on page I.)