DISTRICT ATTORNEY TO EN­ I those who patronize the post office on Sunday. FORCE SUNDAY CLOSING. The milk peddler,. The news agents and newsboys for Judge R. G. Morrow Declared Law selling daily papers. Unconstitutional—Attorney Gen­ A young man's model The auto owners who did business eral Says it is Constitutional. that lias taken its place We received the following letter on Sunday. The cheese factories and fish can­ from District Attorney T. H. Goyne, among the suit styles after we had gone to press last week, neries. Those who received pay for their in regard to the Sunday closing law: for the present season. Tillamook, Oregon. April 16th, 1915. services in the churches last Sunday. All the candy, fruit and drug Editor Headlight: That it is a Inasmuch as the notice sent out by st ires in Bay City, Garibaldi, Clover­ me a few ilavs ago to operators of dale, Hemlock, Rockaway, Wheeler, pool rooms and other places of amuse­ ment about keeping their places of Nehalem, Beaver, etc., were open business open on Sunday is causing and doing business on Sunday. considerable comment as to who are, The correspondents who report and who are net, required to close. 1 and send messages on Sundays. thought it best to include in this com­ Every one of these violated munication a verbatim copy of the sec­ tion of the code governing such mat­ Sunday closing law on Sunday, ter. which is as follows: probably many more, and as it is "Sec. 5125. If any person shall keep open any store, shop, grocery, bowling fair to make fish of one and fowl of alley, billiard room or tippling house, others, there should not be any privi­ for the purpose of labor or traffic, or leged individuals or corporations. any place of amusement, on lhe first They arc no better than the fruit and day of the week, commonly called “Sunday,” or the “Lord’s Dav.” such candy proprietors and the drugstores Model goes without person, upon conviction thereof, shall for in every instance that we have tie punished by 11 fine not less than $5.- mentioned the parties are running saying for only a firm 00 nor more than $50; provided however, that the above provision their business or profession for gain, with the facilities and shall not apply to theatres the keepers the same as those who have been run of drug stores, doctor shops, under­ ning their businesses on Sunday. takers, liverv stable keepers, butchers capacity for catering Mr. Goyne, like a number of other and bakers; and nil circumstances of citizens, view the Sunday closing necessity and mercy may be pleaded in to the requirements of defense, which shall lie treated as from a Puritan standpoint am! a questions of fact for the jury to deter strict reading of the state law, which the young men of to­ mine when the offense is tried by I he has sworn to enforce, blit has not jury.” The people will readily see that the gone far enough, as we have coil day could produce such law includes stores and shops of all clusively shown by a number of in­ kinds, except those specifically men­ stance.- where the law was violated a pleasing style. Copyright Hurl Schaffner & Marx tioned as being exempt, and also all on Sunday. It is up to him then to en ­ places of amusement, except theatres It is rumored that a few persons feel force the law in lhe cases we l.a> e We should be glad of an opportunity of show* hostile because they are not allowed to mentioned and not single out the remain open ; but it is difficult to see fruit and candy and drug stores for tiow any places of business can be in­ ing you the many variations of jured when all other places of business prosecution. of the same kind are closed also, un­ Varsity Fifty Five less it be such places as cigar stores, Sunday Law Void. confectionaries, etc. ; and their princi­ now in Stock priced from Eugene < fregon, October 27—The pal claim of a prospective loss of busi­ ness is because they believe that drug Oregon Sunday closing law, section Htoies, which sell such merchandise, 2125 Lord’s Oregon Laws, was today will remain open; but. in my opinion, the drug stores will not be allowed to declared class legislation and uncoil Many other splendid makes from sell any other merchandise than drugs, stitutional by Judge R. G. Morrow, medicines, etc., nnd if complaint shall of Portland, sitting in the Lane Cir­ be made that they do so. the matter cuit Court. The decision is the result Sil 85 to $18.50. will have to be taken into the court C of a test case brought following th and tried out. But even should it be found to re­ closing on Sunday of cigar stores, MEN'S TIES suit in a loss of business to sonie, tny fruit shops and confectionary store s oath of office obligated me to uphold and enforce the laws of the State to in Eugene by the District Attorney the best of my ability, and it Would several weeks ago. seem that all good citizens should The effect of the Values that sell rather encourage an officer of the law Eugene wide open to perform his duty than to criticise regularly for 50c him and uphold the violation of the business on Sunday, except pool­ law. It is not tny law, but the law of rooms and theatres, which are closed the whole people of the State of Ore­ by city ordinance. The District At­ gon, and no man can he a true citizen who will vlolote the law for the sake torney said tonight that he will not carry the case to the Supreme Court. of flic gain of a few paltry dollars. H. A. Chopard is cutting wood for tained at the office of the County However, 1 feel satisfied that these The decree of Judge Morrow heir! 1 H. W. Smith this week. Clerk. mime persons who now complain of the that the law not only contravened The right is reserved to reject any Mrs. O. W. Kinnaman has been attempted enforcement of the law, will in the end gain by resting from section 20, article 1, of the state con­ suffering with an attack of tonsilitis or all proposals, or to accept any lheir labors tor om- dnv in seven, as stitution, blit violated the fourteenth the past week. proposal or proposals, as may be the Almighty Ims beneficently provid­ amendment of the Constitution of the Fred Coulson who has been work­ deemed best for Tillamook County, ed in his law that they should. “The United States. ing at Red Clover cheese factory, is Oregon, Sabbutli was rnsd«' for mull and not "The law is unconstitutional on visiting his brother Robert, at H. W. man for the Sabbath.” Ry order of the County Court, Respectfully, more grounds than claimed by the de­ Smith’s this week. Dated this 20th day of April, 1915. T. IL Goyne. DiArict Attorney. fendant,” declared Judge Morrow in J. C. Holden, Mrs. H. A. Chopard spent last Sat­ returning his decision. “If a young urday and Sunday with her sister County Clerk. Sunday Trading in Tillamook City man is not allowed to take his lady Mrs. J. W. Hester, at Hemlock. friend to get sonic ice cream on Sun­ Last Sunday. The infant son of Mr. and Mrs. day afternoon she is deprived of that Henry Smith has been very ill for a Celebrates His First Mass. District Attorney T. H. Goync is ------o----- the only county attorney in Oregon constitutional right of granting life, few days, being threatened with in- who is endeavoring to enforce the liberty and pursuit of happinness." On Sunday morning at 10:30 o’clock flamation of the bowels. It is much He emphasized the “pursuit of hap­ better at present. Sunday closing law, a law that was Rev. Fr. Helderbrand Melchior, son piness ” and continued: enacted in the year 18(14, the last of Mr. and Mrs. M. Melchior of this "I've been waiting five years to get amendment being in 1903, and not- Notice to Contractors. city and a late graduate of the Mount a whack al that law, and I'm Riad withstanding this and the fact that Angel College, celebrated his first Circuit Judge Morrow declare<1 the that I've had the opportunity." Sealed proposals addressed to the ■ Solemn High Mass at the Catholic ----- o----- law unconstitutional in Lane County County Court of Tillamook County, j Church in this city. At the conclusion last October, Mr, Goyne has start­ Attorney General's Office Says Law Oregon, and indorsed "Proposals to . Rev. Fr. Van Clarenbeck delivered is Constitutional. ed out Io make Tillamook people toe complete Squires County Road, I the sermon of the day. The following In answer to District Attorney in accordance with plans and speci­ ’ outside dignitaries of the church were the line and put the "lid” on Sunday trading. As a result of this, the fruit Goync, who asked for an opinion fications thereof on file in the office present: Fr. Prior, president of the and candy and drug stores closed on from Attorney General G. M. Brown of the County Clerk of Tillamook Mount Angel College; Fr. Basil, Fr. Sunday, after being advised by the as to whether that office thought the County, Oregon, will be received by Ambrose and Fr. Thomas, all pro­ district attorney to do so. In I other law constitutional, Joseph A. Benja­ the- County Court of said County, at fessors of the college. parts of the county Sunday r trading min, second assistant scut the follow­ its office in the Court House,, at At the conclusion of the services went on as usual. Although some of ing reply: 1 illaniook City, Oregon, until 1 the at the church about 150 friends of Fr. "Replying to your letter of April 17, hour of 10 o’clock A. M. on the I 8th Melchior sat down to a fine spread the store keepers were glad of the opportunity to do so, the mandate of I lug to say that this office is of the day of May, A D. 1915, and at that al the academy hall, and enjoyed the opinion that section 2125, Lord's Ore­ the district attorney was not favor­ gon Laws, is constitutional. I under­ time and place publicly opened and same very much. ably received by a large number of stand that Judge Morrow construed read. I After the disposal of the good, the citizens because it is haul to draw said section to be unconstitutional in Each bid shall be accompanied by a things to cat, speeches were in order the line as to what businesses should so far as it applied to the ice cream certified check on some responsible and 1 r. Melchior was presented with be allowed to violate the law anil power, said section in its application bank in the State of Oregon, in the several beautiful and costly gifts. should be enforced those which should close up. Mr. should be enforced in so far as it sum of 5 per cent of the total bid en­ Among those visitors from out side in os far as it Goyne has made it plain that he pro­ tends to a reasonable extent to pro­ closed therewith, said cluck shall be points who attended the services Sun­ poses to enforce the law ami prose tect the public morals, health and made payable to the County Clerk of day were M. Melchior’s sister and cute all those who violate it. lie was wcl fa re." I illaniook County Oregon, to be held her husband, Mr. and Mrs Emil ! given that opportunity 011 Sunday, as liquidated damages in case the bid Tesch, of St. Paul, Minn; Mrs. Mel- History Repeats Itself. for although the fruit, candy, and be accepted and tlu- bidder shall fail choir's sister and her husband, Mr. drugstores and billiard halls closed up (I iom the Oregonian, April 19 iRtn.) refuse or neglect to enter into the and Mrs Jos. Balters, of Portland; The Sunday law, which calls for there were numerous instances where contract, and file therewith the nec­ Mike Mclchoir who is attending the closing of all kinds of stores and the law was llagrantlv violated, and essary bond for the faithful perfor­ school at the Oregon Medical Cot- the district attorney, to act square places of amusement, goes into effect mance of the work, within 5 days lege and his friend Mr. Sullivan; Mr. should immediately bling proceed May I. from the date of receiving notice I ami Mrs. Bernard, of McMinnville; mgs against them. Let us mention a from the County Court that the con­ Mr. and Mrs. Frank Nitsch, of Port­ few corporations and individuals who | (l-rom the Oregonian, April 19 1915.) tract is ready for signature, land; and Editor Fcrnsworth of the l he District Attorney of Tillamook did business on Sunday the same is All bids shall be made on blank Banks Herald. who closed all the stoics last Sunday, other «ays, and employed labor lor forms furnished for such purpose by H. E. Craig of Rockaway had gain, the same as the fruit, candy and evidently wants to gel into the news the (. entity Court; must state plainly charge of the kitchen at the Melchior drug stores have been doing; the price of each item of v_._ ____ up- _ home during the past few days and work bid The directors and stockholders, of on and must be signed by the bidder 'very arrangement was made and We would like to ask th.' the Mutual relcphonc Co., who and also state his business address. I carried out to give the visitors a good keeps its office open foi business and ian if the District Attorney lhe successful bidder will be re­ if time. ” Rev. .................... I r. Melchior receives the nomali county 50 years ai prolit. quired to furnish a suerty bond satis- Congratulations of many friends tn I lie Pacific Telephone and l’eli to get into the new spanerà 9 factory to the County Court for the this yicinity. graph ( o, both of which were doin< faithful performance of the work, in Boulder Creek. business on Sunday. the sum of cent . 50 . per - ----- of — th -J* entire ' ------ o—- The directors and stockholders of amount of the bid. I- M Dingcs.s and family of Bcav the < oast Power to., who tun thru Each bidder shall be required to I ELAND B. ERWIN, plant for profit and gain and ctnplov "ii< visiting at H. L, Jensen's 1a»t La."’.'y_h,,n’C,f' by «»»«'nation, the Sunday, men 011 Sunday who violate the Sim PIANO INSTRUCTION. location, . nature ------ 2 r and 2 extent of the . " I. King and Johnny Burba, «lay law. work to be performed, -• and all bids Diploma from Chicago Musical I lie t ity transfer Co. for operating lifted the county seat last Saturday, »re to h, compared on the basis of College—granted June, 1911—on the i b L. Kinnaman. of Beaver its truck Sundays and the Pioneer on the bidding following anbiecta Piano. Harmony, *P-nt Saturday with her sister Mrs’ quantities shown . ransfer Co. and express office. blanks and as included from Station Mumcal History, Science and I'eda- the I' R A N. and all boat service b era Nash. gogy (Teaching). 3? plus 58 to Station 80 plus 40 Kev Ward of the Beaver pastorate, on the bay. Upon the deposit of >500 a set of I TERMS-tJUO) for 20 weeks in- The postmaster and the clerks and 1 was canvassing in our neighborhood Plans, specifications, form, for pro­ •truction. last week. Ail lessons given ut Studio. posal, contract, and bond, may be ob- An Important Sale of Ladies Summer Underwear. Varsity Fifty-F ive Offering exceptional opportunities for effect- remarkable savings cn Undergarment purchases for present wear. Hart Schaffner & Marx $20.00 to $27.50 35c i Í of Ladies Summer Undergarments coming as it does just at the beginning of the season^ will enable every lady in this county to fill all her wants at savings usually only possible during “end of season” Sales. Excessive buying prompted by the offer of ex­ ceptional values, is the reason ftir putting on a sale of this kind at this time of the year. We have, there­ fore, in order to ensure an entire clearance during this season, decided to offer the whole of our present stock at prices that will net you remarkable savings on every purchase. See Special Display in the Underwear Section of the Dry Goods Dept, Every quality and style mentioned here is now on view and priced with special Underwear Sale Tickets. Vests. 35c. Vests for 25c. White Summer Vests in sizes 38, 40, 42 and 44, with open frontsand ribbon drawn necks. 50c. Vests for 39c. Fine bleached Vests with open fronts prettily finished and shown in sizes 36, 38, 40 and 42. 75c. Vests for 55c. Desirable Bleached Cotton Vests with, open fronts finished with draw ribbons at neck and shdwn in all sizes 34 to 44. Pants. 38c. Pants for 25c. Ladies' Bleached Jersey Ribbed Pants in all sizes from 34 to 44 exceptional bargains. 38c. Pants for 25c. Bleached Jersey Ribbed Pants in lace trimmed Umbrella Knee styles and in sizes 34, 36 and 38. 50c. Pants for 35c. X full range of sizes from 36 to 44 in lace trimmed umbrella knee style pants in bleached Jersey ribbed. 75c. Pants for 49c. Line white fitted Knee Pants in all sizes from 34 to 44. Nicely finished and trimmed. 75c. Pants for 49c. Ladies' Cotton and ribbed pants in Lace trimmed umbrella knee styles and shown in all sizes from 36 to 42. SI.25 Pants for 89c. Sizes 36 ai'4 38 only in fine white lace trimmed umbrella knee pants of exceptional quality and value. Union Suits. 35c. Union Suits for 25c. Shown in all sizes from 36 to 44, these sleeve­ less Union Suits have low necks and lace trimmed umbrella knees. 50c. Union Suits for 39c. Sleeveless I nion Suits with low necks and lace ti ¡mined knee and shown in all sizes from 34 to 44. 50c. Union Suits for 39c. Ankle length Union Suits in fine summer weights and shown in sizes 36 and 38 only 63c. Union Suits for 49c. Sizes 40 and 42 only are shown in these fine summer weight Union Suits made in full ankle lengths. 69c. Union Suits for 49c. Knee length „ Union Suits for summer wear in sizes 40, 42 and 44 only, Splendid bargain for those requiring large sizes. ' To 88c. Union Suits for 59c. ^C‘ Cutnfy Cut” lace trimmed I 1D‘ brclla Knee, Sleeveless and Low Neck Union Suits in sizes 31, 37 and 38 as well as a splendid line of reg j«)c. Sleeveless, low neck and lace trimmed umbrella I mon Suits m sizes 34 to 40. These two numbers are well worth investigating. To $1.39 Union Suits for 98c. Sleeveless, low neck and fitted Knee Union buits in sizes 34. 36 and 38. Fine Suits at a re­ markable saving. Double Gold Bond Trading Stamps Every Friday.