ISSUED SM-VMI rrnrn pfMI rrmv mm LtUALUo 'TUESDAY O FE1DAY TUESDAY AND FRIDAY. 1 fifty-fifth teas no. toe. BATJTM. OREGON, TUESDAY HORNING, OCTOBER 2$, 1903. FIRST SECTIOU EIGHT PAQE3. II-' t I A .. I i GLOVE-FITTING' MHABJT-RIP"'. All models with bose supporters attached have VELVirr GRIP" PASTENHRS Thomson's "Glove i rnrPf 5 wr "warded flRAKTj PRIZE AKD A OOt.D ' VvlOWlO MKDAL AT THK ST. LOI1S WO h LI' J FA IK 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 HORSE SHOW. 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 m i JREOjPZ&Sl BARGAIN HOltSEr n 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 Prices. 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 V Corner Commercial and McEVOY Another Large i Shipment of New -Models , , ' - in Thomson's : Glove Fitting Corsets 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.- :BROSi Court Streets, Salem CnrnnHns. UJMMluniVLJ vav " w -m s bbs aasaaawsBMBmsW - IN SHADOW OF PENirENTIARY UNLESS GOVEENOa -INTERCEDES BTAN MUST SEBVE SENTENCE APPELLATE COURT AFFIRMS 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. PATRONS MAY PROTEST. Residents Along Route of Electric Rail' way Kick Against Doubled Rate. 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. SIMPSON FUNERAL TODAY. 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. POLO SEASON IS ON 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. TO UNIFY MARITIME LAWS. 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. STRIKE TAKES SERIOUS PHASE SPREADING SO RAPIDLY XT CAN NOT BE STOPPED. BURSTING FORTH PREMATURELY 3 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 men. 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 papers 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. , ' ' f IS GETTING WARM. 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. " FRENCH PRESIDENT IN MADRID. 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 ordeaux. ENGINEER AND FIREMAN HURT 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. ATTORNEY GETS GOOD JOB. 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. JEROME ENDORSED BY BAR. 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. EXECUTIVE BOARD CENSURED. 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 chureh. A TOBACCO EXPOSITION. 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. CHINA UP TO DATE. . 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; REPUTABLE CLOTHING THE PROBABILITY OF GETTING BETTER CLOTHING THAN S:W.M. MAKE IS REMOTE Lof &k: U Ml l - . iV ! - i.:v.;:Vw-v;;,.; 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 SALEM WOOLEN MILL C P. BISHOP. Procrictor 1 1 y. t PRESIDENT IS IN ALABAMA RECEIVES CORDIAL INNOVATION ALL ALONG THE ROUTE. ARE GIVEN HEALTH CLEARANCE 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 Today. 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 Priy. 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 STOUE- i