Weekly Oregon statesman. (Salem, Or.) 1900-1924, October 24, 1905, Page 1, Image 1

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rrnrn pfMI rrmv
fifty-fifth teas no. toe.
II-' t I A .. I
All models with bose supporters attached have
Thomson's "Glove
i rnrPf 5 wr "warded flRAKTj PRIZE AKD A OOt.D
li r'r. The Jury of awards was composed of lb moat emlni nt
I tpce'sUits, and Ulr rerdlct U the highest recommendation that
i snr corset couhj bare. W ; ibovlDf t rnr MmPkU Una of
r both supl and fey modI at tnoeh :o wrr pries thma "pi uJar
; st'a" ask for the ame numbers
The New Plaid Fancies in our Dress Goods
Department are Strictly Correct
Better see them before tho assortment is broken
Novelf y Ribbons for Ladies
Sells the Best Grades of Merchandise at Cash Store Prices
CHICAGO, (ct. . 23. The sixth an
nual exhibition of the Chicago horse
ithiiw association in the Coliseum today
ami will continue until the end of the
wwli. Entries in almost -every one of
the ninety-nine clauses were more nn
mcrous than at any previous exhibition
Salem's Busy Store
Offers special bargains all over the house this week that will make our
competitors jump sideways. We are overstocked in some of our depart
ments so we have decided to CUT the life out of the prices to reduce the
stock and make room for our extensive Christmas display. It will pay yon
if to read oyer carefully the numerous
4."c 40 inch Wool Serge Dress Goods
yd ... .. ... ..25c
20c School Plaid Dress Goods 12e
75c Scotch Tweed Dress Goods 45c
65c Fancy Dress Goods, yd .. .39c
$1.25 Broadcloth, 54 Inch, yd... 75c
75c Zebelines, Special, yd....... 45c
Novelty Waistings at sale prices
500 yards Velvets, all colors,
yd .39e and 49c
Fine Imported Dress Goods at sale
Fine Black Dress Goods, yd
'". 39c, 49c, 75c and 98e
39c India Silks, all colors, yd.. 23c
59c Novelty Wash Silks, yd.... 39c
75c Black Silk Taffeta, yd..... 45c
Remnants of Silks Half Price.
$1.35 36 inch Black Silk Taffeta 89c
Evening shades In Silks, Sale prices
$1.33 Black Silk Peau de Sole yd 85c
$1.50 Silk Voiles, sale price, yd 05c
Ask to see the new Morie Silks
Chicago Store, Salem's SUk House.
20c Swansdown Flannels, yd. .12V'iC
12ac Cashmere Flannellettes 8 l-3c
1000 yds Fancy Outing Flannels 5c
15c Daisy Flannels, yd 10c
15c Velvet Wool Flannels, yd... 10c
All Pure Wool Flannels at sale prices
75c Doable Blankets, j?rice. . . . .39c
Extra Large Blankets
"i. ..98c, $1.25 and $1.50
$1 Comforters, sale price. , . .. . -9c
$2 Comforters, sale price. ... .$15
1000 yds. Standard Calicoes, yd 4ae
II White Bed Spreads, price. :. 69c
8 l-3c Lace Stripped Scrim, yd.. 4c
1000 Towels, . i . . - ; 1
Price.. ...4c, 6c, 8 l-3c and 10c
45c Bleached Table Damask, yd 29c
Salem's Greatest
Corner Commercial and
Another Large i
Shipment of
New -Models
, , ' -
Thomson's :
Glove Fitting
Collars. New Dress Silks
ami the horses arc said bv experts to
class higher than ever before, insuring
a keen competition lor tne Dine riDDons.
Kentucky and the south is especially
wll rpnresened. and one of the in
teresting features is the continuance of
the tight for honors begun at the recent
Louisville Dhow between iteginaia van
derbilt and Lawrence Jones.
wonderful bargains we are offering.
Muslins, 36 in.. 5c, &c, and 8 l-3c
Sale prices on Sheeting.
Ladies' Onting Flannel Gowns.. 49c
Ladles 85c Dressing Saques, sale
price.. ... ... ... ... ... ..49p
25c Patent Leather Belts, sale price
:.i ... ... .4 15c
Shopping Bags and Belts at sale
prices. i i '
20c All Silk, Neck Ribbons, yd
. t . . ........ . . .10c and 12sC
25c Fancy Lace Collars 8c, 10c ft 15c
New Dress Trimmings at sale prices.
Ladles' Warm Winter Hose
.... ... .10c, 12V2C and 15c
Children's Underwear, price
. j .... ... ...10c, 15c and 25c
Ladies' 39c Wool Fleeced Under
wear, price . , ) . . . .... -25c
AH kinds of Notions at little prices
Ladie' $2.25 Dress Shoes, sale price
. .i. ... $19
Men's $2.95 Dress Shoes, sale
price..., ......... L $1.75
Children's Shoes from 25c op.
75c Warner's East Proof Corsets,
sale price ..49c
Men's 25c Wool Socks, sale price 15c
Men's Winter Underwear
.! ... ... ... 35c, 45c and 49C
Ladies $2.50 Polo Turbin Trimmed
Hats.. ... ....... . . . ... $1.49
Ladles' Dress Hats I
. . . . .$1.95, $20 and $2.95
Great Bargains in oar Cloak and'
Suit Department
$2 Fur Neck Scarfs, price..... !.S8c
$4.50 Fur Neck Scarfs, price.. $2.95
Ladies', $1.75 Wool Shirt Waists
price., ... ... ...... ... ..98c
Ladies' $i50Wool Shirt Waists,
..price.. ......... ... ... $1.49
Growing Stotc.-
Court Streets, Salem
vav " w -m s bbs aasaaawsBMBmsW -
Decree Under Which He Is Convicted
. of Larceny and Is Given
Three Tears. - " v
Supreme Court Defines New Bole Gov
erning Opinions In Which Demurrers
Are Sustained to Criminal Indict
ments 'la the Interest of Justice.
In an opinion rendered by Chief Jus
tice Wolverton of, the supreme eourt
yesterday, the decree and judgment of
the circuit eourt for Marion county
was affirmed in the case- of the state
vs. J. C. Ryan, in which the defendant
stands convicted of larceny and is un
der sentence of three years in. the pen
itentiary. This is the case in which the de
fendant, Ryan, was convicted of the
larceny of $2iM) in gold, which was
pot up by John F. Roth, a former drug
gist or Albina, on aa alleged bogus
footrace which took place in this eity
in September, 1904. The testimony in
the ease tends to show that a footrace
was arranged between two supposed
professional ' sprinters, Huston ami
Morris.. Both claims that he was in?
veigled into the trap laid for him bt
Huston and Ryan, the latter represent
ing that he only desired Roth to puti
up bis money, as a business man, as a
guarantee of good faith and for a
showing of responsibility.
He came to Balem on September 23
and claims be was induced to draw his
$2000 out of the bank and put it up on
the race, together with that of Ryan.
The race was to have come off at the
baseball grounds on asylum avenue.
but, as there was a erowd there the
coterie of sportsmen and runners re
paired to an open field nearby, where
the race was pulled off. While the race
was being pulled off Huston, the man
backed by Ryan and Roth, fell down
and Morris won easily. Bets were de
clared off, however, and the race was
to have been run again ten days hence
In the meantime, however, the defend
ant, representing that the satehel con
taining the money had been deposited
in the bank, also that, it was his under
standing the race was to have been re
peated 00 the following Saturday and
Roth and Huston, not showing up on
that date,, he felt in duty bound, as
stakeholder, to turn the money over to
Raymond and Morns, which he did
During the trial it developed that
the money which Koth put up was not
ail his, but that the greater portion
of it belonged to bis brother as treas
urer of a lodge, and he immediately
set about to prosecute Mr. Ryan, the
others having disappeared, for fraud
and larceny. The case was tried in
the justice of ' the peace and circuit
eourt, a jury verdict of guilty having
been found in; each case, and Judge
rturnett rendered' judgment in accord
ance with the - verdict and sentenced
the defendant, Ryan, to three years' im
prisonment, from which the appeal was
taken. The supreme1 court holds the
evidence sufficient to show conspiracy
to defraud Roth of bis money and af
firms the decree of the trial court.
Guilty Should Not Escape.
A pecuiar legal i entanglement has
arisen out of an opinion rendered by
the supreme court, August 7, 1905, in
the ease of the state vs. Jesse tviiy,
jointly indicted with James Winkle,
from Lane county, in which the decree
of the trial eoart, in overruling a de
murrer against the indictment, was re
versed and the cause ordered "remand
ed for soeh proceedings as might be
necessary, not inconsistent with the
opinion." t 4
The statute regulating the procedure
n criminal actions, as in th ease at"
bar, requires that the appellate court,
when reversing, affirming or modifying
the judgment or' order appealed from.
must either order a new trial or the
defendant discharged, as the ease may
be. In ordering the cause reman1'l
for such further proceedings an might
be necessary, etc., the counsel for the
defendant and th district attorney:
oecame involve! in-another controversy,
the former contending that the revers
al was tantamount to a discharge of
the defendant, and so moved the trial
court,' while the district attorney ob
jected and moved that the cause be
remanded for a new trial.
! The ease coming up again upon a mo
tion to modify the supreme eourt
grants the motion and modifies the opin
ion that the trial court, in its discre
tion, may order a new trial. In ex
plaining its position and its reason for
not electing between ; ordering a new
trial er the discharge of the defendant,
the supreme conrt says that it would
be useless to order m new trial upon
an Issue which has already been net
tled, und the foundation overthrown,
"as it might result la discharging a
defendant in a criminal action., how
ever guilty he might appear to be, and,
possibly before another indictment
eould be returned or a new information
filed, it might be difficult again to ap
prehend sueh defendant and bring him
charred a second time for the same!
crime without an order submitting the
cause.'.;- ; J-;-.-:
In "remandin? the cause without or
dering new trial or the discharge of
the defendant the supreme eourt ex
plains thst it remains within the discre-
... . . . . 1 :i At
tion or tne rriai eour o resuurni i
canse td a crand jury or to a district
attorney after a demurrer to an indict
ment or to sn information nas oeen
sustained, and its discretion is this re-
speet cannot be controlled or reviewed
by the appelate court, except for an
abuse tnereof.
' Is Plenty of "Cause.f -
Deeming the allegations contained la
the complaint "sufficient to constitute
a cause of action,'' and especially so
since there was no motion to make it
more definite and certain, the supreme
court, ia an opinion . rendered by Jus
tice Moore, reverses ; the decree - of
Judge Burnett,' which granted a non
suit, in the case of A. C. Keene, appel
lant, vs. Naney J. Eldriedge, and re
mands the case for a new trial.
This Vas aa action brought by the
piainttaand appellant for the recovery
of $399.48, the alleged surplus of the
amount received for the sale of a piece
of property belonging to the Keene
estate, of which the plaintiff was an
heir, soul to satisfy a mortgage held
by the defendant and a Mrs. Harding.
The ease was thrown out upon a mo
tioa for non-suit because the complaint
was not explicit enough in its plead
inga, but the eourt held there was suf
ficient evidence for ground of action
and reverses the judgment of the lower
court. . ' ' ' . ' - 1
And the Fence Bemsins.
In the case of M. Christensen,1 re
spondent, vs. G rover Simmons, appel
last, an appeal from Marion county, in
an opinion of which Chief Justice Wol
verton is the author, the decree ren
dered by Judge Galloway is affirmed.
This is a ease in which the defend
ant, Kinimons, as supervisor of a cer
tain district in this county,' directed
the plaintiff, Christensen, to remove his
line fence in order that the county road
may be established in accordance with
survey made by Surveyor Seth R.
Hammer, in June, 1879.
Upon a re-survey made by Surveyors
lierrick and Culver, recently, and be
fore the action was begun, it was found
there was a difference of one-third of a
chain in the measurement from a given
point, the corner of the Hughes prem
ises and the supposed location of a
stake driven by Hammer. Christensen
broeght suit aa an injunction against
the road supervisor to restrain him
from removing his fence and the lower
court sustained his contentions. i-
Ia affirming this decision the supremo
court holds the survey taken by Her
rick and Culver is more apt to be cor
rect than that represented by the wit
n esses, which was based upon the loea
tion of a stake and monument, which
had been removed, and it so concludes.
His Bondsmen Are Liable.
C. H. Banning, appellant, vs. J. L.
Roy and J. W. Leneve, respondents,
from Coos county; J. W. Hamilton,
judge; reversed and remanded. Opin
ion by Justice Bean.
This was an action on a bail bond.
In March, 1904, plaintiff commenced an
action at law in the circuit court
against one Romander for the reeXv
cry of money. Romander was arrested
and furnished bail in the form of a
written, undertaking executed -by the
defendants and in favor of the plain
tiff. Judgement in the sum of $212.50
was secured against Romanderl but no
reference was made to the previous ar
rest and there was no provision that
execution against the person might; is
sue. I
When satisfaction was sought I in
serving execution against the person
it was found he had fled and this ac
tion was brought to collect the bail
from his sureties. The trial court sus
tained the defendants' demurrer to the
complaint and dismissed the action on
technical grounds and the plaintiff ap
pealed. The petition for a rehearing in the
case of Samuel Casto, appellant, vs.
Emma Murray, et al., respondents, in
which the supreme court rendered an
affirmatory opinion several weeks ago,
was also denied by the court yesterday.
Residents Along Route of Electric Rail'
way Kick Against Doubled
CA.VAL DOVER, Ohio, Oct. 23..-A
mob of several hnndred persons gath
ered in the streets of New Philadelphia
today and threatened violence to the
operations of ears between there and
IJbriehsville because the management
of the road doubled the rate of. fare
letween the two towns. Many persons
were ejected from the ears during the
day, which roused the ire of the citi
zens. The line has been suspended un
til an understanding with the county
commissioners may be arrived at.
WICHITA, Kan., Oct. 23. The fu
neral of ex-Representative Jerry Simp
son, who died here today from aneur
ism of the aorta, will beheld at Wichita
Wednesday, at the Scottish Rite temple.
The body will lie in state front 1 to 5
o'clock Tuesday. It will, be a Scottish
Rite funeral entirely. Interment will
oe in Maple Grove ecmetery.
DAKV1auE,"I1L, Oct. 23.-A season
of twenty-one weeks' duration will be
inaugurated with the opening game
here tonight on the schedule of the
Central polo leagne.- The league ia com
posed of eight elaba: , Danville, Marion,
Indianapolis. Ft. Wayne, C Legansport,
Lafayette, Terre Haste and ndersoa.
BRUSSELS, Oct. 80. -The f Interna
tional congress of maritime laws today
drew up a protocol for submission to
the governments represented covering
tb proposed change ia maritime pro
cedure ia secure a unification of the
maritime laws of all countries.
'Fred Kntrz and H. Wolff e departed
last evening on the overland for San
Francisco, where they will remain in
the f ntnre, employed in a large meat
market ia that eity. '
Professor Ackerman- has returned
from Canyon City, where he attended
teachers institute. Prof. Ackerman
.ears that he, traveled in a foot of snow
east of the mountains.
Threatens to Spread to all Branches of
'the Labor Organizations in
t. -- "St. Petersburg."
Continuation of Strike a Week Longer
Win Force Every Factory to Shut
Down on Account of Lack of Coal-
Situation at Deadlock.
ST. PETERSBURG, Tuesday, Oct. 24.
The railroad strike siuation has now
entered a highly serjous i phase. The
movement is spreading rapidly to all
the railroads of the empire and anpar-
enty eannot be stopped, while in many
cities-it is communicating itself to the
mill and factory employes. A general
strike in all branches of abor, which
the Socialists planned for the end of
the year, is suddenly bursting forth of
it sown volition.
Minister of Finance Koskovsoff yes
terday received a telegram from th-
governing committee of Moscow, Bourse
stating the continuation of the strike a
week longer will force every factory in
the Moscow region to shut down owing
to the lack of coal, whether or not the
factory hands took part.
Threatens to Spread.
The same condition of paralvsis
threatens all tb industries of Russia,
unless the strike is speedily settled.
The inhabitants of Moscow are already
feeling the effects of the strike in the.
increased prices of fool and are even
confronted by famine. As the de-
demands of the men are purely political
it seems impossible to satisfy them by
economic concessions. Prinee Ililkoff,
minister of the railroads, in receiving
the members of the deputation sent by
the strikers, stated that while in Eng
land and the United States he worked
sixteen hours daily in order to increas
his salary, and pointed ont the super
iority of production of foreign work
men in quality and quantity at the
same wages received by Russian work
Thi deputation entered a protest
against any man being required to
work sixteen hours a day, because of
such long hours he was precluded from
the opportunity 01 educational im
provement. The Prince, In reply, saiJ
that even with sixteen hours a day it
was possible .to devote one hour each
day to reading or other forms of amuse
ment. v . .
The Prince talked to deaf ears. The
men spoke of nothing : but political
rights, which of course, tlie prince was
powerless to grant. The situation is
apparently at a deadlock "from which
egress only may be had by the surren
der of one side, or perhaps the procla
mation or martial law on railroads. A
flood of dispatches from the railroad
centers of Kussia announced the com
pletae tying up of all transportation.
The last link that bound the Moscow
commercial center of the empire with
the outer world was broken yesterdav
when the men on the NicholaL road,
connecting Moscow and St. Petersburg
went on a strike. . St. Petersburg lias
one line to the frontier and t&e mploy
es of this line held a meeting last night
to decide whether to participate in the
strike. '
Witte Appointed Premier. .
St. Petersbutfr, Oct. 24.H is per
sistently reported in clubs and official
circles late last night that Emperor
yesterJay appointed Count Witte pre
mier, with a portfolio of minister of
finance. All this morning's
give prominence to the report.
Witte Is on Top.
St. Petersburg, Oct, 23 Count Witte,
it now seems, will definitely- come into
imperial la vor, and the shrewdest of
observers consider it certain he will
shortly be active in the direction of
a government premier and the head of
a responsible cabinet position. Since
his return from Ihe (united States
Witte has arranged himself on the side
of the Liberals, and has not only advo
cated the complete liberty of speech
of the press and of the assembly as of
the corollary of the coming douma but
orged the extension of the powers of
the douma along the lines demanded
by he reformers ani the extension of
representation to the ranks ox the la
boring classes. "
The emperor to whom v itte outlined
his views, displayed much sympathy
with them, and it is learned he has
favored a number of ministers suggest
ed by the count, including General Tre-
poff, assistant minister of the interior,
one of his majesty's most broad-minded
advisers. The question of appointing a
cabinet with a responsible premier will
likely be decided Wednesday. , '
Investigation of Land Fraud Cases in
Idaho Attracts Considerable
- Attention. " r ,
SPOKANE, Oct. 23. A Moscow, Ida
ho, .special to the Spokesman-Review
says the land fraud cases against Ket-
tenbaeb, Hester. Dwyer and Bobinett,
prominent citizens of Lewiston, were
called today in the United States
eourt and passe! over till - tomorrow.
The jury venire is guarded Jn- elose
and 'secret manner by . the officials.
United State Attorney Kuick refused
to confirm or deny the report that Wil
liam Dwyer ha offered, to tarn state's
evidence. Dwyer indignantly denied
the report. The town is fnll of strang
ers and it is believed there is an array
of secret service' men who have been
at work during the summer, gathering
evidence. "
President Loubet Visits Spanish Cap-
.. ital and King.
MADRID, Oct. 23. Monarchial Spain
gave a most hearty welcome today to
1 resident Loubet of the i rench repub
lic. En route to the capital President
Loubet, accompanied by Premier Roo-
vter and a numerous suite, stopped at
tne Escurial and deposited a wreath on
the tomb of Kiirg Alfonso II.. Madrid
was reached at an. early hour this af
ternoon. From the moment when the
train -bearing the French executive ar
rived art the station until the nation's
guests were safely conducted to their
apartmenes in the royal palace Madrid
resounded with acclamations of wel
come, the booming of guns and the
Idaying of the national anthems of
'ranee and Spain. A gala dinner and
reception took place this evening. Pres
ident Loubet and party will remain in
Madrid until Friday, when they wijl de-
Cart for home by way of Lisbon and
And Two Unknown Tramps Killed by
Freight Collusion on Oregon
Short Line.
POCATELLO. OcW 23. Traffic on the
Granger-Pocatello division of the Ore
gon Short Line was delayed several
hours' today bv a 4 collision of two
freight trains m-ar the ltorder station.
Two unknown tramps received injuries
from which they died. The engineer
and fireman .of one of the trains were
painfully injured.
ST. PAUL, Oct. 23-Edward J. Can
non, a w,eH known attorney of St. Paul,
has leen appointed division counsel for
the Northern Pacific, with headquarters
at Spokane. It is understood bis sal
ary is $7500.
NEW YORK, Oct. 23. The member
of the New York bar, irrespective of
politics, have formed an organization
favoring the re-election of W. T. Jer
ome as district attorney.
BOSTON, Oct. 23. At a meeting of
Congregational ministers today, reso
lutiops were unanimously, adopted ex
pressing regret at the action of the ex
ecutive committee of the interchurch
conference on federation in excluding
the representatives, of the, Unitarian
NEW YORK, Oct. 23. A tobacco ex
position, the first of its kind ever held
here, opened at the Grand Central pal
ace today under the auspices of the
Retail, Cigar and Tobacco Dealers' as
sociation of New rork. The exhibition
represents every phase of the tobacco
trade from the growing of the leaf to
the manufacturing of cigar.
. PEKIX, Oct 23. Much interest is
manifested in the. military maneuvers
begun by the Pieyang army today in
the neighiorhood of Paotingfu, the first
of the kind ever held in China. Up
wards of 40,000 men of all arms are
taking part. They have discarded Chi
nese dress for up-to-dat uniforms sim
ilar to those of the Japanese army The
maneuvers are to be attended for pur
poses of study by military officers from
every part of the empire. - c;
&k: U Ml
l - . iV ! -
The reputation of the S. W. M. Clothes Is some
thing ybu'ean depend upon. We can't afford to sell
you inferior goods, every garment is guaranteed.
Of the Hew Styles Ve Offer:
Suits double or single breasted, full length, worsted or
fancy cheviots.. . . . .
Overcoats or Raincoats in full or medium length, light
. or medium weights.... to'QEILCO
C P. BISHOP. Procrictor
1 1
y. t
Principal Stop at Mobile, Where the
President Delivers Address to
the Multitudes.
Brief Stop at Alabama's Capital and
Only Two Hours Devoted to Mobile
At Booker T. Washington's Town
MOBILE,-Oct 23. At the manv lit
tle stations through which President
iRoosevelt's specia train passed today
Icople gathered who cheered nnd waved
flags as the social passed en route- to
Mobile. At Troy the students of the
normal sehool grouped alongside the
track and greeted the president with
cheers. He apfeared on the rear plat-"
form and lowed his acknowlcdgi'moil.
At Rrinson, Georgia, Secretary l$rasell
of the Alabama ttoard of health board
ed the train, and on the affidavits of
Surgeon General Rixey, issued a rlenu
health certificate to" the presidcnti-il
The principal stop of the day wns
at Mobile, where the president nt
two hours late this afternoon nnd de
livered an address. The president whs
escorted to Bienville square, the route
of procession having been elaJortely
decorated with lights, and bunting in
national colors. The sidewalks along
the line of march were packed with hu
manity and at several points hundreds
of school children were massed, who
sang national anthems and songs as the.
procession passed.
. The speaker s stmd was erected in a
square brilliant with electric lights nnd
overhead the magnificent grove of live-
oaks formed a canopy of green. It i
estimated that when the president be.
gan uis address forty thousand persons
were within the sound of his voice. The
president will spend tonight outside of
Montgomery, harlv tomorrow a start
will 1h -made' for Tusekekce where. the
train is expected to arrive at 8:30.
Mobile, Ala., Oct. 23. President t
Roosevelt and his party today had their
first taste of the hospitnlitv of Ala
bama. After an all-morning ride across
fertile sections of Oenrga and Alalnma
the presidential special reached Mont
gomery shortly after II o'clock. The
stop in the capital eity was very brief.
only long enough, in fact, for the trnin
to be switched from the tracks of the
Atlantic Coast Line to those, of the
Louisville & Nashville and then to re
sume ihe journey to this city. During
the forenoon and early afternoon tho
special received rousing welcomes nil
along the route. Throngs of men, wom
en and children were at every station
and waved flags and shouted as the
train rushed by. Mobile was reached
on schedule time this afternoon. As
the president emerged from the canopy
of flags at the station and entered the
(Continued on Tnge Seven.)
"E believe ourselves
flhle tn Ittrfor rlnthrc
' 'anc "avc kac many Uncs
rJik to select from. In points
Quality, Style
Fit and Price
our Fall line is second to
none. !
QIO to Q2D