Medford mail tribune. (Medford, Or.) 1909-1989, December 02, 1914, SECOND EDITION, Page PAGE THREE, Image 3

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SALON
KEEPER
RESPOND
FOR
IE
EMPLOYEE'S ACIS
Holding Hint ttie fii'ini'iit of In
tut In lint mi Ingredient of the crime
of 'selling lliiiior lo u minor, the hii
preine" court In mi opinion written
by jllMllcii llurmitt, has announced It
to Im tliu legal doctrine of thin Htnto
Hint, where lliiuor In sold by n bar
tender to n person under ugo, llm m
looti.o'wncr In llablu ami subject to
prosecution,
Tim decision wim rendered In tlm
twit cnnn ot Htato vh, C, (I, llrown,
wjio wus Indicted for wiling Jtiloxl
cutliiR lliiuor to a minor In Jackson
county. Tho Indictment charged tlint
tlu sale was made tliroiiKli llrown'H
burieiider, and that Drown hud no
knowledg" of It, I'urlluT, It al
leged that llrown had given Instruc
tions io hl bartenders to sell no II
quon to minors, and that tho minor.
In procuring tho lliiuor, represented
lilumelf to lo ovr 21 years of uge.
The defense demurred to tho In
dlrtiiteitt on tho ground that It did
not state facia sufficient to conntltuto
n orltnn and on tho riround that
Drown was not liable criminally.
Circuit Judge Cnlklnn sustained the
demurrer, apprnl a taken by
Comity Attorney IColly, nml tho mi
pri'ino court reverses tho decision.
Tln caw will bo tried at tho Feb
runry term.
Opinion of Omit
''It Is not directly mi stated, but
we nuaumn In favor of tho defendant,
an tho purlieu evidently Intended, that
ho wait conduction n place where In
toilcHtliiK llquorn went hold under a
rKttlnr license and ojnployed n bur
tender In tho prosecution of bin bun
Iikm," xald Justice llurnctt, In part.
"On this assumption, coupled with
thu amended form of tho Indictment
net forth, w) find that, apparently,
the uutliorltloH urc In a hopeless con
flirt as regards thu culpability of
tho dofoiidiiut, under such clrciim
stauirs.
Precedents In lit favor proceed
upon tho theory I hut no oim ran com
mil crime In tho abmtnro of Intent
to do no, Thin In tho keynote. If all
utterance", on that subject, no far an
our Investigation goes, and there nro
many eminent JurlMa who express
thin doctrine with Kreut persuasive
ness. Declon to tho contrary arn
based upon tho doctrine that, ill
stautory crimen, union-, tlicre In in
corfHiratoil Into tho legislative defi
nition tho element ot knowledge on
tho part of tho defendant tho Intent
with which B" nc wa doiii) la not
an Ingredient of tho offense. Thli
feature In a differentiating character
istic between thu two rlamcs of caiieM,
Tito courts of thla otnta aro com
inltted o tile latter doctrine.
' l'niH)lyrr lt.onlllo
"With tho uuderitandlnK that tho
bartender wan an employe of tho do
fondant In tho conduct of a licensed
business, tho defendant In directly
concerned In thu traffic. It In ho who,
of all otho.ru, makes It possible for
tho bartender to commit tho act for
bidden by the statute, llo furnishes
tbo Ifquor to veil and tho placo In
whlcb If I" sold. Ho employ agents
for tbut pur pom who carry on the
litiMluctttf for htm. Itcponnblo to
tho Mute undor hla license, ho must
take tho rsks of tbo business at his
perl and sco that bU omployes obey
tho luy. If wo would derlvo profit
from (ho venture In thu handn of IiIm
employe, ho tuiiHt accept tho hurard
with tho benefit.
"Hero v(m a anln. From whom?
To whom? Tho nufcwor Ih plain that
It wan from tbo dofondont to tho
minor. It Involves tho pnnnlnK of
property from tho former to tho lnt
tor for a valuable confederation. Tho
bartender la not ahown to have any
Intercut In tho property, The defend
nut derived whatever profit accrued
from' tho tranHactlon. IfnvltiR on
KUKert himitelf with tho bartender in
thp biiHlneiiS, ho Ih liable Uko tho bar
tender, and with him for any act done
Intho pursuance at tho undertaking
ItvaaVn la found in tho fact that tho
IJont U not tnndo an oloment ot tho
Ntuutory offonne, no that tho defend
ant lit llublo Uko tho bnrtendor, and
with him for any act done In (lie
PUrnuanco of tho undortaklnK. Ilpu
von In found In tho fact that tho In
ten( la not uiado an element of the
Htutulory offonne, no that the defend
ant l liable In like mniuior aH la hi
uncut, omployed to conduct the html
ncmi,"
I
' OF PERE MARQUETTE
DKTHOIT, TH. tf. Fm llivr rf.
T6rib o twice Die i)Ihionoii nf mlU
Ijoiih of iIoIIuim loi't'lvt'il iv llio I'me
elHI'jIlfltU Hlll1)H frOIH tliu Nltlll (if
jinuil4 Win lolie imjilii lOilnv nl lilt
lifuilHK lii'l'me CoiiimUhloiH'r II, (',
litlll l( III" lnlt'lnllllH I'OIHMWI' I'lMII
Wtl"H, vi(i U III llulM'll I'PMilui'lliiK
NH fUVtiullMMllon Mr (Sill Hl'tf fiflllll
(u ewwJlillHi,
HIGHER PRICES
HR
1
BRITISH
MARKET
GERMAN
CLAIM
CA
STRONG
FRENZIED
'..
DcrnilM & Koiih' l.iiiiiliiii cliciilni',
dated Noemlier HI, nuys:
During (lie paHl week (iniwiln line
been Koinewhut lighter nml we are
jilenKed to lepoil an imiroU'ineiit in
the mnrket all touml, In consequence,
On harrelli'il Htocl(M, IkiIIi nppIi'H nml
peniN, priccH are hllier, which Htnto
nf III iik e me hoping will continue
from notv mi.
Tlni htockn of K'eiffer iienrw hero nl
jireseiit will nfil sulitify lite detnnnil nl
niliiiK' priccH, ami we nulleipnlu Dint
IIichu pricoH will maliitnln themielvi'H
for the time helnic until lienvier Hhiji
inentii auiu come foruanl. (iifml,
hnnl HtockH of best nuality fs tilt nro
hndly wnnler nml would renliro 'JU or
U.'Ih per barrel for Wcntrni Now York
Ktnto Keifferw, nmWabout 17k fld for
IIutKon liver ICclffrrN, nml thein have
in fact been a few piiieeW Hold on thin
market dtirinj; Hie pinil few ilayH at
IhoHo priceM.
I'iwiitj In mmanit
Tor best peart Hnolt an Cornier,
il'Aujou, etc,, there in a nxl ilemnud,
but prices are only inoderalo for Win
ler Nells jh-uin, there li'in; mill large
nrrivaH of thene by each hnnl. Them'
rntiKcil from lb to l.'U, the hulk real
I'iiitf 10h to 'dii per box.
Ah rcanU hnrrelleil npplcH, the
(rent bulk of tho arrival arc Kova
HcotianH, of uliirli he n, h. North
Point brought some 18,000 ImrrelH,
which luiiileil in good condition in
npile of a Nomewhnt t olonftl oy
aio. These met with an improved
market at pricH raiifnnt; from 1!U (Id
lo llti fur Kiup nml KlenheimH, 12
to i;t (Id for liibslonH. Those prices1
u'ii urn lumttiir l,i m,i tint inf ri Srti.,1. na
!'" t
)iomeKiown led vnricties- nro at an
end, and lhono Hoicks will fill the re
quireiurnlH of that trade. Some pwxl
Maine llal(luin or Virginia York Im
poijnlH wp nro convinced would tenl
Uo snliAfactoiv price.
Theio is also an impiovemriit l be
reeoiiled on boxed apples, California
New towns hrinu n-brik tnnlo at Tm
lid for tho four tiers nml fW ltd to fn
lid for four uud one. hall' tier fruit,
with u risinj; tendency.
' l,lciiHMl Murkrt
In I,lverKiol alito wu have to report
nn improvement nil round, both as le
pinls huirolU'il nppleN ami pent.
Keif fern ore a eood trade anil have
realized from -Mm to 'S.U er bun cl
for (noil haul Western New York
htouk, nml other handled ooars havoj
nlno done vel at the pncei. reported
ovor.leaf.
Cnlifoniia New low its are a little
better tinilu nml four tiers aie wanted
at Tis (Id. Tho four and onchalf tier
sire is not ho well received in I.ivor-.
mmi, arid aro hlmv nt fs. The pro
Hrtiou of small-Hired fruit seem
rnther larwcr IliU season (linn usunl.
FRENCH
P HON
CHLDREN
'S PLAY
mm
PD
ATTRACTSATTENTION
CAUSES
ID
10
IlKIlhiK. Dec '-', by wiiclesK. The
(Icniinii official statement iHSiicd to
day claims tho captuic of n t.tiiMij;
Freiieh Kisitioii in the Aruonne for
cHt hy Ktnpcior WJIIinms' own ref-i-incut.
The text of llio cominiiiiicalioti
rendu:
"In the wesleni Ihealer of llio war
I he enemy mnilo insiiificant ud
vnnooH which were cheeked.
"In tho forest of A'kiiiiiic stronn
point of mipport of tho enemy was
taken hy llio Wiifitlcinbcrir iiifuntry
rcciment No. 'M, IiIh jnajesty, tin
knisoHH own rcKiiii'nt. On Ibis no
riiHlou two ofticcrH and about .'lOfi nl
(lie enemy'H troojw weio mtido pris
ononi.
' "There in no iiowh from vnsleni
I'riiHsla,
"In northern Poland bnttles me
takiiiK Iholr nonnnl course,
"In Houthcru Poland the enein's
uttnt'lsN were repulsed.
"Tho nport circulated in tin for
elrn press that the 'ja.000 priHonors
taken at Kutno nro included in the
10,000 lltiHsinii priHonerH rvMiiteil b
tm previotiHly, Ih untrue.
"In llio hattloii nt Wloclawek, Kut
no, I.01U nnd Lowioz, tho eastern
nrmy has taken bctwren the 11th of
Novfiiihrr and tho lit of December
over 80,000 unwounded Ihissinn pris
oner."
OF DRAMA LEAGUE
ATTEMPT
ID
E
TAX LEVY RAISE
BY
PROHIBITION
CIHANTS PASS. Doc 2 I'rohlbl
tlon bow canned an Increnso of four
inllld In tho city levy, denplto the ut
mom prunliiK and economy, and
CrautH 1'itHK will pay Juki double in
taxea tho amount paid tho prcrent.
In mnkiur; up Itn budKei upon
which the l,vy wan baiscd, tho coun
cil, ut Its meeting Monday nlht, wuh
obllKed to Inchido a upeclal levy of
four mllli to coTcr the Intercut on
the railroad bond Issue, till levy be
ing provided for In thu ordlnanccN
covering the Inane. Another four
mill levy was also mnde ncieniiury
Iwcauho of the Iota of tho revenue
heretofore derived from tho saloon
licenses. Having voted to dl-peiibo
with tho aoloon In Grant Pan It wan
up to tho council to meet thin loss
of revenue by direct taxation.. hence
another four mllU added to the levy,
maltlni; tho total levy for city pur
potion, general and Mpeclal, 10 mlllH,
eight mill, geuernl and eight mills
Bpeclnl. v
A Ilerkoloy dlpatrh to San 1'ran
cIhco pa pern dated Nor. 28 contains
the following pathetic account of tho
attempt nt milcldo by the eleven year
old dnughtrr of U. II Mnrrl. former
ly of .Medford. Taunt, of reboot mates
cauHcd the child to hw allow polnon,
Tho account rcad:
"I'lve," writhes Sir Jameii Ilarrlo
In IiIh utory of "Wendy nnd Potor
Pan," Ix "nlwnyn tho beginning of
tho end," when children lenrn that
they have to grow up. Hut It was a
little later than that for (lertrude
Harris, whose mother makes pastrlen
In her homo at 2H7 Ward ntrect,
Ilerkoloy, which Gertrude wlln to the
nolghborn and to strangers as far
away as North Oakland, and whose
father lies helpless in a Panama hos
pital, his mind clouded by Jungle fev
er and exposure In the swamp region
of the Isthmus.
Gertrude is tho unhapplcst girl In
her hcIiooI, she believes.
Arc of IHkIIIilsIoii
"I don't bcllevo In fairies," she
says In solemn disillusionment, now,
"Pm 11."
And If emotional cxfierlenco Is what
really counts and not years, Gertrudo
Is sagur and sadder and older than
even her teachers.
She Is the same little girl who a
few days ngo bought ant polfon and
ate of It In unhapplnesx, and who fell
lalnting on a street car In a strange
man's arms, llor life was saved, and
she is repentant, but she Is no hap
pier.
J It was said nt the time that Ger
jtrudc sought to die because she was
I penitent. That Is true, she says, and
her mother says tho same thing.
Hut It wasn't because she was hun-
'grj, her mother works too hard to
We need clothm- for women and'et her know the pangs of hunger,
.children, tho latter e-peemlh ; nl-o Shu '' "- c gravely tells us,
nninu innie n mo nionov wnien was
paid for the pastries her mother had
made. In order to taste of confections,
and then buy the poison In sudden re-
innd for their contnhuions. Those! Penionce. iiio real -moMvo, as me
who can give employment to men (,r!r', would call it. was something
mic urninn league is areativ inter-1
ested in (he u-i promising Swedish
entertainment which the Ifnoscwlt
school bus been conscientiously pie
imring' for sonic nine. Woik of this
iintuie im just what the lengue is try
ing1 to promote nml encourage. Its
educational ilcpuituicnt consider
ilrumalio interpretations- tho most
natural ami effectual means of tin
folding the child mind lo n point
where in later cais hu will have ae
ipiiied imaginative conception, which
nlonc can ennble him to grusp and
npirehend coiicepls presented to him
in dramatic forms nml lenim. Thin
work cannot begin too curly in the
ehild'H development, and he in turn m
e(Uipird oven in babyhood for a full
and enger response both in under
standing nml mimiciy to the art
which interprets life us no other art
can. Therefore, in the light of this
knowledge and conviction, the Drama
league fully recogniies and realizes
the over hinted jmnsiljilities in this
brunch of its work nnd makes every
effort to .supK)rt nny undertaking
which makes for this development in
the child.
Accordingly, each member of our
center is oaniestlv urged lo support
by his nttendnnce this very good en
tcrlninment, which is to be given nt
, the Page theater Friday afternoon at
.'I o'clock.
NEEDED
miserable. She hnd bean teased, and
nho had become morose. She had re
fleeted also on a white "fib" alio told
her mother, and trended to go home.
Ho slm went over to tho store and
bought tho nnt poison. Tho rest has
been told before.
"Sim doesnt look like n starving
child, docs shoT" naked her mother,
unxlously "Of course, she Is poor,
for her father lias boon nwu and sick
for a year, btr I havo kept food for
tho four children I have to work
at homo, because tho others nro
younger than Gertrudo nnd neei. con,
slant caro. And the girl never took
a cent In her life that didn't belong
to her, not until sho bought the nut
I poison."
All of this Gertrude assents to.
So will not do tho thing again, she
says.
The coming' IcMnturo bIiouIi! imhn
l resolutions limiting tho number oC
I lulls to he introduced hy each soim
, tor or representative to live, nnd no
more
CHARITY
Owing to the lower r5ce of lumber tnd the added induce,
nv-nl of kee-nog our men employed during tl1 winter month,
We mle the following icmailutle teducTiont la doeri:
No.2. $1.10 5-Pnnel Door
(for Painting) Qn
Reduced to 7lC
No.l.JlJJO 6-Panel Door
rU"d $1.10
Quality Juft as Good as Ever
Our cuflomcti ie lwjr ulnd-tL We own nd opeftle the
Urjea cLr3.lo.conijrapr Still, Door and Mill Wcxk facloiy in
Noithweit. You will find here tlie tjrl value in inteiiof bim.
We tell anTone; ihip anywhere. Ak for Catalog No. 33
'!B
po-r . ,- 5 1
ri.uyw.-j
TI10 School of
Modem .Methods.
MEDFORD
fi. II. IJAUMAN
It. T. VANOILDKH
r it. ' S
xzz
1&;
College ntillCIng, 21 North Grapo St.
Day and Night School New Pupils May Enter at nny Tlmo
Huklucss, Shorthand and English Courses
Night School K'K-S $5.00
Writ tot
Colltf Journal
' shoes for children. Food and vege-
' tables alwiiVh iicceptnblc. Wo are
j grateful to those who have thus fur
so generously helped Us in our work
women, oven for a dav or two each
week, will ohlii'c hv Icttim us know
Wo make direful investlfiitiniw be-
harder to bear tlian hunger.
Sorrow of Childhood
Her nrldo was hurt. She know
I fort? bel.iinir lKtv thnt "npVlv lo us ! bitterest 'adversity of'chlldhood.
, and find conditions worth- of our
consideration.
I'ovcrtv is not as common ns in
towns of this sir.o in the east, nud.this
Her clothes wcrn different from those
of the other small girls in her school,
and the luncheon she sometimes car
ried was not so neatly and daintily
siH'itks well for Medford. We should ! n,adc- An- for l,,wo s,6ns " pover
.all aim' to make this ni-gnuizntinn n
)cnunnent institution. Tho nun of
'the orgnniration should bo not onlv
' to holit the tuior and uredv. hut to
I prevent conditions renuirip help. Of JK'P wa8n' truc- Tho" cw
1-fico Holland buililinir. In,h0 th!U bcr ",othcr tol,od ,n, ut
1 - itilcht ntut nil dav. and this fact bnrroil
ty her playmates, childlike, tnunted
her until tho tears welled into her
eye?. Then they learned that her
father was far away, and .they heard
TO THE PUBLIC
We arc pleased to announce that wo havo opened up a new busi
ness nt tho corner of South Rhcrsldo and 8th St., with up-to-date
machinery for the manufacture of automobile bodies, auto wheels
and fore doors, all kinds ot wagon and carriage repairing; also rub
ber tiring.
BILLINGS'
WAGON, CARRIAGE AND AUTO WORKS
J
Why Not
Oct tho best smoke, Gov. Johnson,
and also patronize homo.
(iertrudo form tho gatherings which
tho others enjoyed.
Last Monday Gertrude was very
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Mr. Diogones with his lantern
may not have been able to find an honest man
but YOU can find lots of good Lumber cheap at
MEDFORD LUMBER CO.
Fir and Third Streets
BAGLEY'S APPLE JUICE
A healthful houcchold beverage, pasteurized and put up in sani
tary cans by new process. Absolutely free from preservatives. Clear
pure juice from sound clean apples, Iluy It by tho case or can; al
ways sweet and trcsh. A drluk for all tho family any month In tho
year.
BAGLEY'S APPLE BUTTER
Has purity, flavor and prlco to recommend It for your uso as n con
venient, tasty, table delicacy. Ask your grocer.
THE BAGLEY CANNING CO.
TAI.KNT, OIM.GOX.
ViSi'SiM
'ra.w ,"7 . .-tii
ill I" I h ' Uiati . , i J
''lit li-.tll,.: "H-hir,. ...
i.. M,f ,iw rjr"'! ' j, f, "
t .J1 a m,, 1 ',' , iiGa ,. . ' M ', 1
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1 iM ffli M 1' ,
Mil
aororiK
i
'.'S
IM. t
LT --t-i
WHEN in
Portland
stop at the in
comparable Hotel
Benson. Modern,
fireproof, central
Rates Moderate. Send for
free booklet.
Hotel Benson
I'ii Hand, Or
Owl (, Mjc,
m
i