Daily capital journal. (Salem, Or.) 1903-1919, January 07, 1907, Image 4

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Daily capital journal., January 07, 1907, Page 4, Image 4

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Newspaper Page TextM K ' " i - "l DAILY CAPITAL JOURNAL UV JIOl'KK HltOS I'unlbdirrs anil Proprietors. BUIIStttllTION HATK8. lly Mall. Daily Journal, one month . . Dally Journal, three months Dally Journal, one year . . Weekly Journal, ono year . . Itjr Carrier. Dally Journal, per month . . . . 35c .$1.00 . 4.00 . 1.00 . 60c MKItOHANT MT.VOV MAIHIIHD, Proprietor of The t'hlrnjjo Store Weil .MM Agues Flnloy. A vory Jiretty, bill aulet wedding took plneo Sunday lit 1:30 p. tn , when Iter, rather A. Mooro, of this city, pronounced the Words which tnado Jai. McK?oy nnd Miss Agnes Flnlcy husband nnd wlfo. Tho ceremony which was held at tho residence of II. I). Bt. Helen was wltnoncd by only a few Intimate frlonds. Tho croom Is ono of tho progressive owners of the Chicago Store and Is noil and favorably known In thli city. Miss Flnloy U tho daughter of Mr. nnd Mr. John Flnley, who reside In Portland. She has been employed at clork In tho Chicago Btoro for the lmit flvo years and li an accomplish o.l young lady with many friends In till city. , Tho happy couplo left lait owning for Portland enroiilo to the cities of tho north where they will spend a iiliort Itonuymoon trip. After lliolr return they will be nt homo at tho Willamette hotel to their many friends. Mt'linmit Wedding. December 34, 1900, nt 5 o'clock l. m., at tho homo of Mr. M. J. Mill key. In .Mtdmmn. Mint Ilertha 14. Mulkuy to Kphrlam K. Huttlu. Tho hrldo li tho youncest daughter of Mr. M. J. Mulkoy, and the groom li a young und successful business man of Portland, Oregon, Mr. nnd Mr. Huttlu left for Port land flnlurdny. December SOth, where they will make their future home. They have tho best withe of the people of Mchnmu for a lone nnd prosperous llfo. Hlaytou Mnll. o i Wlvo Couiik.l from llio Smith. "I want to give tome valuable ad vise to these ho suffer with (owe back and kidney trouble," says J. 11. lllnnkenshlp. o! Ileek, Tenn. "I have proved to an ubeolitte eertHln that HleetHe Illttsrs will ftosltlvely pure this distressing eomlltles. Tke Urat bottle cave e great relief and after taking a few more bottles, I wm eom pletoly cured; so completely that It becomes a plMsere to reaoasineud this great rented." Mold under gtmranter at J. C. Perry's drug store Price 60r Contiarta for a steel bridge across the I'matilla river at tke mouth of llulter n-eek. and for oh across Ike Wild lloreo river Ht Albeaa. were let Uy the count roart at PendletoM Thursday. o IImv f,..l..t.i I II f....,I.. I t Ik UHfmBm 3 IS Of Waverlr. Tex., writes: "Of a T "I morning, wheu first arising, I olten I find a troublesome collection of phlegm whleh producee a oouith ami Is vory hard to dislodge; but a small quantity of Ballard's llerehouud Hyrup will at one dislodge It. nnd tho trouble I over. I know of no mrdlelno that Is equal to It, and It 1 so pleasant to lake. I can must ceo dlally reeommend It to nil persons needing n medlcluo for throat or lung trouble." Bold by I). J. Fry. The Bank Habit Possibly ou who read this havo never kept a bank account. If nut, lot jus suggest that ou try the experiment. You will Had It helpful lu many ware. Aside from tho fact that your money will bo safe front thoft and Ore, such a habit tends to thrift and economy, dUclplIno and a general understanding of buslnees princi ple, all of which arc essential to ucccrts. It also affords a convo nleat method for tho payment of bills; and, as tho chocks are al ways iiroservod and returned to you, they servo as receipts for the amount paid. Wo will bo pleased to servo you aa your banker, Come la and open a bank account. Salem State Bank U K. PAGE, Ptmi&mt E.W. HAZARD. CatfcJtr DAIXT HOLLY ROLLER MURDERESS FREE (Continued from jtg'-J, tents himself with concurring In the majority report a far as It sustains the (filling of the lunacy commission, but refuses to express an opinion will) regard to the deportation phase of the matter. Itoot doe, however, express doi-tn i in th" propriety of sdJudglD. a l:iHltlve ml void. Miiki- IhmiK' Uny. Coming a It does at a time when the people of th western part of the state art vitally Interested In the out come of the trial of Chester Thomp son for the murder of former Judge Oeorge Meade Hwory. who Is mak ing Insanity his defense, this opinion of the supreme court has been re celrstl with much comment of a varying nature. Brle(l. It Is the opinion of those who have to do with criminals and their punishment that this ruling ojiens a wide door to those charged with crime, for all that dooms to be noceeeary to avoid pun ishment Is to have n lunacy commis sion culled nnd have the defendant declared Insane. The majority opinion states bristly the ovents lending up to thu culling of the commission, nnd also what happened while the oommlsslon was In selon. It states that the only llnio thu' repreeentatlvee of (he prose cuting attorneys offlco were not al lowed to lio present nt the proceed ings was when certain examination of n private nature were being made, and It seems to hold to the opinion that the occasional presence of Judge Frater was nil that was necessary. At the time (he commlMlou was called there wbs much adverse com ment, nnd the King County Medical Society took cognlznnce of the de cision declaring the woman Insane. condemning the net of the physicians on tho commlsfllon and Judge Fritter for his part In the proceeding. It Ih probable that ns soon hh (he necessary formalities have been gone through, Ksther Mitchell will be iRk- en to Btelliu'oom. The application of Prosecuting At torney Mackintosh, of King county. for u writ to restrain Judge Frater from signing the order Hading the woman Insane nnd ordering deporta tion, Is the basis for this aetlou. The dissenting opinion bt a strung prerogatives of a Jury with regard to erlntlnals. The opinion, signed by Jmtlw .Mount mid, concurred In by IJustleo Fuller, follews: Tin' IX'KiMitliig Opinion, I euncur In the conclusion reached by the majority upon the second question dorlded, but think the writ should Issue Ukh both questions. If It be (rue that section 1(60. Hailing r' code, applies to this case, and that rt-eiMindenl bss Jurisdiction t di'Urnilun the question of the pr- enl Insanity of the accused Independ ent r the crime charged then that section !itearrlbes the character of the flat that should have been fol lowfd. It does not authorise the an (Milutinent of a rnmmlsslou to try tke question, and the ruurt there fore bad no authority to appoint sura commission. The proceed u re adopted ma) be sn error which can not be reviewed upou this applies tlou. berauw the state may reew tke error by writ of review or by anpeal under the last clause of sub division T. of section ttoo. (tailing sr's code. If o Ike application should be denied upon that ground, and not upon Its merits. If the accused was tnaans at the time the alleged crime wns roMiMltt.d the question of sani ty Is then tried by a Jury upon the general Issue 1019, second Halllng er code t. This has been the uniform practice la this stale from the begin ning. Tke majority onlnlon seems to place tke Inherent power of tke court abor the statute and makes a new practice In this state In this class of ense. I think the sections above referred tn are not subject to the criticism that tbey do not aiford due process of law. If (key are sub-)e-t to suck erltletsw then no Insane man can be adjudged Insane because be cannot be Informed of the anUrv of ike aeeusatlon against kirn, and therefore cannot be tried at all. In f eswswww me wtu soouiu issue as prayed. MOUNT. C. J., "I concur In tho nolnliNi reached i" the cklef Justin. "KUU.WUTOK. J " Justice Hoot expresses his opinion as follews: Justice Kuot's Opinion. "I wneur tally Mb the majority s to the trial court's rlekts to an tuitat the luusc) commission and ad judge the two women Insane. e gsrding the validity of ike deporta tion statute I express no opinion, a nelth.'r parly requested etthsr tke trial court or this to deoldo that a use. tlon. Tho fart that many, probably ft majoriiy of tho slates havo and arc enforcing statute of this character shows there must bo a somewhat cen tral belief ta the'r policy and va!id. yJouienoprlety otadjujs. CAPITAL -IQUrtNAL. BALEM, OKKGO.V. Ing a loslslatlve act void, except whore the necessity Is clear and In cases where Its validity Is a bona fide Issue." The majority opinion In part says' "Although strong reasons, based upon propriety, decency nnd public policy commend the setlon of the commission In tailing the evidence of the matron and two physicians and In condnctlng the physical casm Inatlon of the women In private, we are not called upon at this time to determine whether such proceedings were erroneous. As to said matters and others affecting methods of pro cedure of which the relator now ex plains, the records ifslt to disclose that he made nny objections or took eicepllons. In the absence of ex ceptions such alleged Irregularities, even If erroneous, could not be re viewed on appeal or by certiorari. In this prosedlng they could In no event be reviewed or corrected, even hnd exceptions been tnkon. The function of a writ of prohibition Is to arrest proceedings which are without, or In excess of Jurisdiction, and not to review errors In matters of oroceJuie where Jurisdiction ex ists. Position Well Tnk "Itetpondsnt contends that, when In good faith an uflllduvlt tins been filed nllegelng that u defendant charged with a capital offonso Is In snne, and when It npponrn to the court that there are reasonable In dications of probable Insanity, It Is within the power of tho court to de termine the Issue of tho sanity of the accused before putllnK him on trial for his lire; In other words that the court may first determine whether such defendant Is Insane nt tho then present time. W think tho position Is well tnkon, nnd that tho court Is IHMseesed or the Inherent power nnd Jurisdiction to conduct such." i o Smiles A Salem man who wns formorly an Alaskan 'miner, nnd who has been marrlod lor several years, hits since New Yours not been nllowwl to smoke In the house. It wits his wire, not hc who did the swoarlng-off, act, nnd tie sends up tho following la ment: Whsu I cHine down from Nome I thought I'd have a homo, A home and little wife Ft null my own. Bo I bouKht a little lob And built a little cot An' n little wife I sot. Twns the battle or my life To have a eoajr hearth and wife To think I'd have a home. Where I'd stretch my logs lieforc the lire. Where I'd light my pipe of brier. Where I'd think I bad a home. When I wns cached In the mines I had often dreamt of times When 1 would have a home, lint now when It ruins an' pours 1 hnvc to take my smoke ontdooors - To tnke a little backyard roam. An' 1 never catch the dickens Out among tho bona an' cktekeus; Uookln' at my little home. I like my wlfo so mighty well I hate to raise a nasty swell lu the place 1 oall my home. Sometimes 1 think I like It Hue. An agtn I'd rather mlv Au' dream I had a Money enough to tako my ease. Try my beet my wife to please An' make her fuel at Iteme. My heart Is wel!-a!h broke Itecans I never have a smews In what 1 call my home. It Isn't -round for u diverse, An' I might have struck It worse. I may go bank to Nemo. Feed the birds. Also feed the cats so they wont feed altogether oh birds. If C. P. llltkoo don't quit wtwrinjr thai smtlo, well all be wearing Portland etothos. llesWe tho Icgwlatwr being In Mwsloo. Salem will be attractive so dally this winter. Oregon was the Km state unmleet a alto for a stabs li . HK at Jamestown exposition. ie naiHMMU sot show todBy nt uetrsu thro wiu be a Croat (show of eats, kittens and kHUes, It la a eotd day when Koekefailer or some ether mighty nmte $ not baled before the courts cad anftd tor making more money that no jfiht. In the meantime the rest of us are nuking all we can. y.u ftt to tbieo s ih. vote bv ..U Larv Murphy went, lack m. in to polico Krco frair, htfh h was rcmoiod liii n.. .... l all the business mca of tho city If MOXDAV, JA.V-JAIH' Jim Lewis had been a candidate u would have been unanimous. The Coos Hay Times has a grand New Vear's edition. That seems to be a splendid health resort down there for all kinds of business. Shooting with a gun Is too expen sive for the professions! masher. A rotten turnip Is about his slue. Of course, the selection or a presi dent of the agricultural college is go ing on without any publicity but what The Capital Journal gives It. The people would be surprised ir they knew the kind of persons who Imag ine they could hold down that Job. but It would put the blush on mod esty Itself to oven print their names. Modesty has disappeared from the face of a generation that Is working the official graft In Oregon. The I cioo of small spuds Is so large It is a pity they could not be shipped to a land of Hlllputlans whoro they coulJ become artificially great. What Is agriculture, anyway, that It should require a man of great brains and executive ability nt the head of the college that teaches the noble nrt? Does It occur to anyone that n man who has both practical nnd theoret ical knowledge of agriculture, who tun lecture Intelligently on scientific terming lierore a grange, a mnn or broad education and culture, could imsslbly le round ir he were wanted? What ir he lived nart or his life In some or the other states or the union? o Have ou Indigestion, constipation, headache, backache, kidney trouble'' llollstler's Ilocky Mountain Ten wll! make you well. It It rails, get your money back. That's fair. Tea or Tablet form; 35 cents. For sale at Dr. Stone's store. Falls City's weekly newspaper. The Logger, was sold the past week to a. A. Qrlswold nnd II. K. Starr. Tlie name of the paper will be changed to the Falls City News, o Iteconstructs your whole body, makes rich red blood. Drives out Im- pulrltles that havo collected during. the winter. Holllster's Ilocky Moun- tain Tea Is n fninllv tonic; itr rents, Tea or Tablets. For sale nt V)r. j Stone' Htoie Rostein & Greenbaum's CLEARANCE SALE NOW ON UNTIL JANUARY 16TH A PEW OF OUR TRADE Ladies' Hose 3 pair heavy gray for JGc is- heavy black, now u0 Children's Hose 10c heavy ribbed now s0 20c tine ribbed, now jj0 Toweling Goml cotton, now, yd tyie 7 tc flaxlne, now yd 6o 10e flaxtne, now yd 740 Oil Cloth 2U. standard grade, yd 1 5c Outing Flannel I t.'c plain colors, yd . . lor gral.-. ru-ur.-d. d Sc grade. flguivM. u Shirting l!Sr h.avy twilled . .. Muslins 10i grade In nant, J . l Colored Table Damask I in n .11 rj r, - rnnacts, BRYAN STATE COMMITTEE Will Meet in Salem and Plan Reception The Brjau reception committee. consisting or one Democratic nslstlng or one Dei .. ..... gate r-om each county In the state. will meet In this city. ne.i wuiiw for the purpose or rormulatlng defi nite plans for the reception ot Wil liam Jennings Hryan, who Is expect ed to arrive here Junuury 23. The committee I composed of the fol fel fol eowing: M. A. Miller, Lebanon, Linn coun tv. chairman; Krrett Hicks, Canyon ritv. r.rnnt toiinty; J. C. loiey, Hums, Harney; J. I). OIwoll, Mod ford, Jackson; J. O. Booth, Grants Pass, Josephine; Judge George Dnld wln. Klamath Falls. Klamath; Dr. Bernard Daly, Lakevlow, Lake; J. D Mutlock, Kugene, Lnno; W. O. Peter son Toledo. Lincoln; Will It. King, nninrtn. Mnllieur: J. B. Mosslck, Baker City, Baker; B. F. Irvine, Cor- vnllls, Benton; J. K. Hetlgoe, Oregon City, Clackamas, John If. Smith, As- torla. Clatsop; W. B. Billiard, St. j Helens, ColuindlH; A. .1. Sherwood, Coqullle. Cnos; W. A. Booth, Prlne- vllle, Crook; S. II. Musters. Curry! county; Dexter Hlce, Ilosehtirg, Doug- tss; Judge IJ. Dunne. Condon, 01 i limn; W. 11. Holmes, Salem, Marlon; Sam K. Vim Vncter, Ueppner, Mor row; Alex Swoek, Portland, Multno mah; Oscnr Hnyter, Dallns, Polk; It. L. Campbell, Grass Valley, Sliorinan; III. O. Snuffer, Tillamook, Tillamook; W. F. Mutlock, Pendleton, Umntllln; Turner Oliver, La Grande, Union; D. W. Shohnn. FJntortirlse. Wallewa: Judge A. S. Bennett, Tlio IJallos. Wusco; W. II. WehruiiB. HHUboro, Washington; P. L. Keotou, Fossil, Wheeler; Cbns. V. Gallowny, Mc Mlnnvllle, Yamhill, c Into each life some sorrow must rail; Wise people don't sit down nnd bawl; Only fools suicide or tako to (light; Smart peoplo tnke Ilocky Mountain Ten nt night. Sold at Dr. Stone's store. Men's Underwear 0 grade, now 3c S0o grade, now 4q0 M.SS and $1.50 odd wool shirts and drawers, now 75,. Men's Sox 0 pairs heavy cotton lor 25c 10c black sox. now 7i$c Lace Curtains 51.26 grade. 3 yds long, now 85c pr M.50 graJe, S yds long, now J1.00 pr J2.00 grade, 3yds long, now f 1.25 pr Bed Spreads H.00 large slzo, now C9c M.25 largo size, now 90c U.75 largo size, uow ji.25 Muslin Underwear 9Sl"'rom 35cXup k,rts tr 40oup Drawers from 30o Up Ladies' Underwear Heavy cotton, now 20c C0c union suits, now ""40c 10o unian suits, now ....""60c . . 9c ,...9Hc ssal rtm- .60 50c grades 23c jd THE PURE DRUG C0MAUSSI0NERS Insist thnt nil medicines bo com pounded strictly In nccordnnco with their ruii' fowl mitl li'K net of June 30, 1000, nnd wo gttnrnntoo tlu Hit. tcrs to be such. This proves Its mer it, ir you have never tried HOSTETTER'S STOMACH BITTERS do so today, u ntwoys emeu imn. '......tiim 1'iifir iiiiiiiii. ifVKiiniihii. ,""",,,.., I ' ' .ni-" - v.ul,y of our ll7 Aliimiiur from nny drug- gist or dealer. (Yi-nmii Social Notes. Unser Nnchbnr's Tochtor, Mnrln Stelfelbrecher geht nut die Unlversl tnte und lernt nebenbel N'achts daj Ptitzmnchor Ocschncrt. An Nnrhrungsnilttol felt es nlcht In unsor Nnchbnrschnft. August IJruinmelblechno lint r.wel rleslgs Schweln gesclilnchtet, und ink kraut und Knitoffel schmcckt es verdollt gut. Kin nltes Sprlchwort lnutet: Nlcht Nottoa ttntor dor Somnc. Chnrloy Wolz sngt solbst dns nouo Jnhr 1st nun scnon meats neucj niohr. Auf tier Uulversltntot soil olno Convcrsntlons-Klul) coblldot worden. Dnsz linden wlr schon Inngo In Kngle- wood precinct, nbor os lint clnon an- deron Nnmen. w)e vt)le von den BUton Vorsact- zon lles syVpgternbond8 linbon slch nocli lls Ilotite orhalton? i Der Hnupt krnkejur lu tinsorem Wnid lint nlcht clnuial oln Ilngerbre Iter Sidewalk urn sola Platz, nber wlr Isollen alio Improvements tunchon waehroud er Solo und Politick eplclt. Nlcht viol Xumucks In dor Popula tion In ttnsurem Tltoll dor Stndt, und der Hoosevelt Sollte oln Blschcn j tlnhlntorkoinmen The Illglit Name. Mr. August Sherpe, tho popular overseer of tho poor nt Fort Mndlnon, la., says: "Dr. Kings's New Life PlUs nro rightly named; thoy act marc ngrcenbly, do moro cood autr make ono feel bettor than nny other laxative." Guaranteed to euro bilious ness nnd constipation; 2"c nt J. C. Perry's drtiu store. WINNERS