"- ? 'WTw'ffW!''' ITALIAN BAKU WILL ENTERTAIN Popular Bafltt win itenaer AttracUYe Piutjiaui The Portland Italian band will ap- r nt the armory on tho evening of April 13th wlth a urGram o classic and popular music. Tho members of the band are saiu iu uo vuij uuu mu sicians, and It should prove quite an attraction. The program Is as follews: March .. ., OTcrture ampa. "'"' (Solo obllgato ror ciannei; .. Slgnor Scurblro. Tlnlwn Answer ',","'" """'" (Obllgato ior uaruuiiu.j Slgnor D'FulvIo. Serenade "Lovo In Idleness" mauiocin Meflstofelo uouo (Solo obllgato ror aignori j.a monto and D'Fulvio. Part II. March "The invmciDie ji,agiu .... Sousa Selections from Travlator Verdi (Obllgato for signori lanzi, lo. monto and D'Fulvio.) T,ii,-"Wlllamette" D'Urbana Travatore Verdi The Whlto House Can give you a good meal any fcoui of the day or night 2 A CAMERA GIFT would please your wife or child. You probably will got them ono if you could only realizo what an all-year round source of pleasure It would afford them, and as a perpetuator of pleasant mem ories It has no equal. We offer you tho Eastman Ko dak and tho Century" at most favoiablo prices. Ono dollar up. Patton's Book Store. a HMIIIIMIMMW IIMIHj Look Inside 41 ) ( I I i at our display of 1 1 i! HOME-MADE CAKES, ( i j COOKIES, DOUQHNUT8, ! NUT CAKES AND i I I MAPRIIPRITPR II i . ,.,.. we Keep a supply oi cootues, doughnuts and cakes on hand S f all the time and we can assure 9 you thoy are as good as mother J used to make. I Angel Cake Devils Cake 2 1 Walntrt Cake Ginger Cake 1TF ., , ; ; wmre L,aKe j Especial attention given to or- J i ders for receptions, parties.otc. i Fuller & Douglas f Grocers Agent8 for Chaso & Sanborn's Coffees. 142 State Street. 'Phone 2261. mtws, ORDINANCE PROVES DEFECTIVE Bonliam and Martin Who Were Employed to Prosecute Recommend Dismissed Messrs. Bonham &Martin, who wuiu cmpioyeu by Judge Judah tq prosecute fho cases against Eugene Eckcrlcn and Frank P. Talkington, filed an opinion in the city councillast evening that will take the cases re cently Instituted against these gentle men out of court with a sickening thud. After Investigating tho matter thoroughly tho attorneys found that tho ordinance which defendants were charged with violatlng.is in bad shape, and recommended that tho cases bo dismissed. The opinion in full is as follews: "Since being retained, this morn ing, to represent tho interests of tho city of Salem in the cases of tho City of Salem vs. F. P. Talkington and Eu gene Eckorlen, charged with keeping open their respective saloons on Sun day, contrary to tho provision of city ordinance No. 318, we have, after careful consideration of tho provisions of said ordinance and tho laws applic able thereto, como to tho conclusion that said ordinance is so fatally de fective that such proceedings cannot bo safely based upon tho same. "It is well established by tho law governing criminal proceedings that tho accused is entitled to bo Informed of tho nature and cause of tho accusa tion against him, before ho can be compelled to answer tho same. By carefully reading section 7 61 city or dinance 297, as amended by city ordl nanco No. 318, It will be observed that several misdemeanors are named and Jumbled together with a single penalty for all, but no ono separately. For instance, said section apparently attempts to denounce tho sale, wltfiout a license, of spirituous, vinous and malt liquors in less quantities than ono gallon, by a certain class of per sons or dealers. It Is next made an of fense to sell .or give liquor to an in toxicated person or to a common drunkard, and a clauso In tho section apparenty intends to prohibit tho salo or giving away of tho different kinds of liquors on tho first day of the weok, commonly called Sunday, and lastly, a prohibition against tho keep Ing open of a barroom, saloon or tip pllng houso on Sunday, following which is an attempt to prescribe a penalty for the violation of tho pro hibited acts in this language: 'And any person violating tho provisions of this section, shall, upon conviction, be punished, etc' The provisions of sec' tlon 7, abovo referred to, being numer ous, it appears to us that It would be difficult for any ono to say Just which one of the prohibited acts tho penalty prescribed is Intended to cover, If in deed It can bo said to cover any one separately. "And we respectfully suggest that it would bo hazardous for tho city of Salem to attempt to proceed under said ordinance in Its present condi tion, and we sincerely beliovo that the ends of Justice and tho mainte nance of law and order will be best subserved by dismissing tho proceed ings already instituted under Bald or dlnanco No. 318, and abovo referred to, In order that said ordinance may bo carefully revised and amended so as to make its provisions and tho penalties for a violation of each of the prohibited acts definite and certain. "Respectfully yours, "BONHAM & MARTIN." DAILY CAPITAL JOURNAL, SAICM; OREGON, WEDNESDAY, APRL 6, 1804. FIVE. MmniMHwmH Ty Out Fine Alfalfa Honey It's Just as delicious to taste as It Is beautiful to look upon. We car ry the best of all good things In the grocery line. ATWOOD & FISHER I c. J. ATWOOD. PHONE 671 D w FISHER. Successors to Branson & Ragan. Iftf H-l 1 1 1 II 1 1 1 1 1 1 1 1- It 1 1 1 1 1 IH I II II 1 1 1 M M ' " t Ty ZINN'S Ice Cream 154 State St., PHone 1971 Main ;; HH 1 1 1 3 m I H 1 i 1 1 J H I H i n H 1 1 i H n M 1 1 J4 CHURCH PEOPLE WILL MEET Congregationalists Will Hold Annual Gathering in This City The eighth annual meeting of the East Willamette Asosclation of Con gregational churches and ministers will be held in the Central Congrega tional church of this city on April 26th and 2th. The program Is as fol fel fol eows: Tuesday Afternoon. 2:00 Introductory devotional ser vice and greetings. 2:30 Organization. 3:00 "The Living Church and Its Pastors," Rev. G. w. Nelson. 3:30 The living church and the Sabbath. 4:00 Miscellaneous business. Tuesday Evening. 7:30 Song and prayer and echoes from the churches. 8:00 Assoclational sermon, Rev. D F. Green. Wednesday Afternoon. 9:00 Song and prayer service. 9:30 "Sunday School Methods," Rev. H. N. Smith. 10:00 "The Living Church and Public Worship," Rev. W. C. Kantnor. 10:30 "Tho Living Church and Soul Winning," Rev. R. T. Cross. 11:00 The living church rod tho world foreign missions. Wednesday Afternoon. 1:45 Song and prayer service. 2:00 "Tho Living Church and Our Country Congregational Home Mis sions in Oregon," Rev. E. S. Bollinger. 2:30 "Tho Living Church and the Children Sunday Schools," Rev. Y7, C. Gilmore. 3:00 to 4:00 Women's missionary hour. Wednesday Evening. 7:30 Tho living church and the holy spirit songs, prayer, testimoni als, addresses. Freo for all. Each church is entitled to two del egates and one additional for every 40 members. Tho Salem Central and tho First church of Salem expect to entertain all pastors and delegates, and the names of all who expect such entor talnment must bo sent to Rev. P. S. nKlght, Salem, not later than April 1C, 1904. On account of tho uncertainty as to tho presenco of some who have beon assigned to parts it has not been pos sible to designate leaders for all sub topics. It is desired that all topics be open for freo discussion in a heart-to-heart way. o Real Estate Transfers. Tho real estate transfers of today aro as follews: Albany Brewing Co. to R. J. Bealoy, lot 8, block 37, in Gervais, $475. J. A. Dodge to Wllholm Flahmig, 7 aero In township 4 south, rango S west, $910. A. W. Callen to Jacob Hocksplor, store building and lot in Jefferson, $400. J. M. McCono to Mary J. Gay, lots their heirs, I will ask any and every to Salem, $1200. Helena Arrives at Shanghai. Washington, D. C, April 6. United States gunboat Helena, which has been stranded all winter at Ylnkow, Manchuria, arrived this morning. The one means of raising the grade of trade is good goods Schilling's Best tei Coflr biking powder Savoring titricti iplcM Your grocer's ; moncybaclc 4-m-i iniiiinn :: De Laval Cteam f :: Sepaatos ; ; This is tho machine that won first premium at tuo staio rair '. '. last year for close skimming and durability and ease oi oper ation. Sell us your cream, and pay $5 to $10 a month on your separator. Eggs Wo have largo ordors tnr oitch. and wo must havo them. Bring your eggs to us If you vTani me nignusfc pw. ' Commercial Cream Co. Salem, Or. iittn iw-w-h in""11 COUNTY COURT MEETS Routine Business Transacted 'A Few Probate Orders The commissioners' court met In regular session this morning to trans act business. Tho salaries of tho coun ty officers were allowed, but other bills had not been reached. Upon tho petition of a number of residents of Gervais, au increase of $12 a month was granted Francis Michael, a county charge. W. G. Walker was appointed road supervisor In district No. 8, vlco J. F. Short, resigned. Judge Scott granted tho application of llen Cunningham for appointment as .guardian of Gertrude Cunningham. a minor. Tho property involved is es timated to bo worth $500. 'Fort Bolso West, who was removed as administrator of tho estato of the late William Fowler West, was or dered to fllo an amended final account before April 9th, on tho application of F. N. Derby, tho present administra tor. PERSONALS Hon. Frank Davoy, of Portland, is In tho city. District Attorney Hnrt went to Al bany today. Labor Commissioner O. P. Hoff is In Portland today. F. N. Derby, tho real estato man, is In Portland on business. W. A. Shaw, a real estato dealer, of Portland, is In tho city. Contractor Royal has gone to Spo kane, to bo gono for some tlmo. Rev. Gantenbeln, of Portland, was a guest for a day of Rov. Muollhaupt. Ex-Governor Moody returned last night from a few days' stay la Port land. Eugene Eckorlen went down tho' road on a short business trip this, morning. ,,Frank O'Neill, traveling passongor agent of tho Northern Pacific, Is In the city on business. Mrs. Howe, of Mt. Angol, who haB booni visiting hor daughter, Mrs. Sam Vail, has returned to her homo. Bon S. Worsloy, tho Astoria polltl clan, now with the American -Standard Jewelry Co., was in tho city today. Deputy Sheriff James Sklpton will go to Detroit this evening to bring Mrs. Spencer, a resident of that place, to tho asylum. Leo Stanwood and G. A. Shafor have gono for a ton-days' outing on tho Co lumbia river, and will tnko a number of photographs while there. Sergeant Arthur L. Brown, who has had charge of tho recruiting station In this city, left for Vancouver barracks this morning, having been called to that post. Miss E, C. Lowo, of Brooklyn, N. Y., has been In tho city for several days, stopping at tho homo of Hon. and Mrs. T. T. Geer. Sho Is traveling In tho Interest of tho Unitarian society and has charge of tho work on tho coast. Sho Is a cousin of ex-Mayor Seth Lowo, of Greater Now York. South 8alem Personals. Mr. and Mrs. R. E. Thompson re turned to their homo In Jefferson to day, aftor a weeks visit with relatives in South Salem, Mrs. George Brokor, of Ashland, la islting relatives for a few days. Mr. L-. O. Simmons is lying vory 111 at his homo on South Commercial streot. Mrs. Paul Schmidt and duughtor, Paujlno, of Albany, who has boon vis iting at tho homo of her sister, Mrs Wm. Armstrong, for tho past week, retumod to their homo yostorday. Silver-ton Personals. Jamos Smith has recently etnrtod on his new building on Main street of this city. When It is finished It will be occupied by Mr. Zamback, the piano man. Mrs. A. L. RIm has roturnod from Buttevlllo, nfter a short visit with rel atives. Got tho Capital Journal from Harry Rite, agent. A few weoks ago a now restaurant was startod over N. S. Erll's store Mr. HuddlOBon, of Beortown, Eng land, has been here for a fow weokf. He Is a fine ball player. Sllvorton has organized a team, and Mr. Huddl son Is tho man bohlnd tho bat. Died In Alaska. Albany, Or., April C Fred Morris, son of J, S. Morris, of 8clo, died 111 Dawson City a few days ago, at the numtmtunnf mtKwenwtwm Just Clothes Nothing Else f We mako clothing a Btudy. Wo think of nothing oIbo dur ing tho day, and wo dream of clothing at night. Wo'io woll rowarded for our efforts. Our success and over Increasing trado shows It woll. Our spring suits at $12.50, $15.00, $20.00 or $25.00. Our now top coats at $15.00, $16.50,$18 or $20. Our splendid trousers at $4, $5 or $7. Our now hats and elegant haberdashery, at modest prices, aro making us hosts of friends continually. I Arc You Among the Number? f Wo trust you aro, and, if you aro not, wo shout tho Bhout that ! clothiers all ovor tho land are now sheuting: "Got tho habit " ! Salem Woolen Mill Store I ! C. P. Bishop, Proprietor 6frf-HMa48iiatHiitiatieifiaatii ago of about 25 years. Thrco Morris boys, who havo been thoro sevoral years, returned homo last winter on a visit. Fred and Frauk went back to Alaska In February. Fred was taken 111 with typhoid fever. Ho Improved and got up, when Frank left for tho mlno3. A rolupso occurred, and Fred lived only a Bhort tlmo. Ho had mado a good stake Ho had boon fugged and healthy, and Is highly spoken of. m i v iThe I Famous P.V. 1 Allen D. O. I Ass't. Marie Allen, D. O. oi Chicago. All manner of diseases and doformltlos cured without tho aid of drugs or tho uso of tho knife. Tho famous Dr. Loronz's sys tem followed. All ailments pe culiar to womon, acuto or chronic, successfully trcatod, no matter of how long standing. The Electrical Thetmatotfy of Osteopathy Offlcos 1 and 2, Cottlo block, 333 Commercial streot. 'Phono 2005 Main. Ovor 0. K. Phar macy. Correspondence solicit 4od. Lock Box 41, Salem. Consultation Free f Ofllco hours from 0 a. m. to 12 in., and from 2 p. in. to C p. m. fi.lMMf IIIIIIIIHIIUM Stole Tailoring Outfit. La Grando, Or., April 0. A man giving his namo as N. K. Wells wan brought boforo Justlco Grant today on tho chargo of being Implicated with anothor man In stoallng sovoral pieces belonging to a tailoring outfit. The nrttclos wero Btolon from a tailoring establishment in tho annex of tho Ho tel Foley, and consisted of flntlrono, a small Btovo, otc. Ono of tho mon made good his os capo, but Wolls was arrested by Mar Bhal Rayburn this morning, brought bofco Justlco Grant, ploaded guilty and was placed under $100 bonds to appear nt tho next torm of tho circuit court. Ho did not furnish bonds, and consequently was takon to tho county Jail at Union tonight to await his trial. Jurors Discharged. Judgo Burnett discharged tho jury today, oxcopt six residents of Salem, who will report at 9 o'clock tomorrow morning. Tho caso of Castro vs. Mur ray may bo for trial, and tho six Jur ors wero hold fop that purpose Dr. O'Loary obtained a Judgmont against Thos Connor for $320 for pro fessional services. niiiiff mwg Take a Little Walk Some Nice Day Go out and soo thoso fruit X farms wo aro selling at $5.00 a month. A plank walk from tho streot cars will tako you right thoro. X Thoso tracts aro all undor tho i plow, and comprlso tho bosti land In Marlon county. Ovor half of thorn aro sold, X so do not dolay buying at onco. i Thoy aru 1 3 Minutes Walk from Uto street cars. $5 $ a month, and no Interest. i Salem Abstract and Land Co. F.W. WATERS, Mgr. fimim f t f mHf im. : EASTER GIFTS fOR CHILDREN ' Chickens, baby rabbits, ducks; , Httlo prices for littlo glfU ; Tho stock Is largor than lost '. '. ' year, also a groator variety " Candy eggs from 2 for 5c up The Spa, 114 State St. unmncnmiHiiiml IpS M 4 m M m s JOT ,-m m t i I 'TUr J . A .& .fhA F3 ftj 'M "-Ml