I VOL. XIX SALEM, OKfcON, TUESDAY, DECEMBER 21, 1000. NO. 202.
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Can Increase the Supreme
PnnH- InHnoo Pnnm Thcnn
jjk uuuu JHuytitf i iuiii iiiiw
Xf to Five If Thev Wish.
Tho supreme court of thle state to
day rendered a decision la which it
sustains tho constitutionality of
chapter 50 of the laws of 1909,
I of tho justices of the supreme court
flirWh tf flvo nnrl nlan nrnvlrJort
for the Immediate appointment of
tho two additional justices by the
governor. The act was passed at the
last session or the legislature, and
immediately after it became law the
governor appointed as associate jus
tices to Justices Moore, Eakln and
jicBrldo, Justices 4cing and Slater,
and they took their oaths of office
cm February 12, 1909, and entered
upon their duties.
The constitutionality of tho act
providing for the increase of the
court and the appointment of tho
additional justices was attacked in
the case of tho State of Oregon vs.
fl Sam Cochran, who was convicted or
Jfc, violating tho local option law In Mult
J? nomah county, and by reason of tho
fiict that tho seats of the two Jus
tices were involved, the case has
been watchled with Interest by tho
lay as well as the legal fraternitj,
and tho decision eagerly awaitea.
When the case of Cochrane came bo
fore tho supreme court on appeal
the opinion reversing the decision oi
the trial tribunal was prepared by
Justice King, concurred In by Jus
tice Slater and Justice McBride. Jus
tice Eakln rendered a d'ssenting opln
ion, which was concurrpd In by Jus
tice Moore.
After this decision Attorney-General
Crawford and one of the deputy
district attorneys or Multnoman
county, on behalf of the plalnt'ff, by
a motion called for the issuance of
a writ of mandate affirming the
judgment of the trial court In the
case, thereby raising the constitu
tionality of tho act Increasing the
supremo court.
The contention by tho attorney
general was that the lawfully consti
tuted court consisted of Justices
Mooro, Justice Eakln and Justice
McBride, and that therefore, in tho
decls'on of the case of Cochrane, on
appeal, Justice Moore and Justice
BakJn constituted a majority of the
court and thnt their dissenting opin
ion should be treated as the majority
op'nion; that the act providing for
the appointment of Justices King
and Sinter was Invalid, and submit
ted much authority in behalf of thetr
contention.
Tho oplnton sustaining tho con
stitutionality of the act Is written by
Justice McBride and very voluminous
After a careful consideration and
weighing of the authorities submit
ted on the question, Justico McBride
sustains tho act, and In the course
of his decision uses tho following lan
guage: "We hold that the law-making de
partment mav Increase the number
constituting tho supremo court: that
tho supreme courts are necessarily
separate and distinct in their pow
ers and duties, and tho duties aro
cloarly pointed out. Tho number
may bo increased to seven at least,
but whether It may bo increased in
excess of that number wo express no
opinion."
Justico Eakln and Justice Mooro
concur in the opinion.
Other Decisions.
Besides rendering a decision in tho
, kUSl' Ul IUU OU1LV Ul UlCliUU Oftmuoi
'Sam Cochrane, tho supreme court n-1
so rendered a decision In the caso of i
Henry Ollschlnger. deceased, and1
Theo. M. Barr, administrator, against
J. M. Wldmer. ot al. This was an ap
peal taken from tho court df Judge
Galloway, and his doclslon is affirmed
Tho case was a contest over tho dis
tribution of the estate of Ollschlagor,
estimated at $21,000, tho legality of
tho marriage of Ollschelger to Mlsa
Mary Sabella Hamker being attacked
by collateral kindred. The decisions
holds that th'o evidenco is not suffl
cJont to show that tho marriage was
Invalid.
In tho case of tho stato against
D. H. Williams, who was d'smlssed
for failuxo to file within tho proper
ttmo tho papers pertaining to thu
appeal with tho clerk of the court
i v In the caso of the Stato against Ira
wrinkly, who was convicted or cat-
Greatest and Most Successful Contest Ever Held in the Willamette Valley-Whirlwind
Interest at CloseFinal Standing of Al! Candidates Appears in Today's Paper
-Official Announcement of Winners of the Many Prizes Together
i - With Complete Figures Showing the Number of
Votes Which Decided the Contest
Mammoth Vote Cast Means
of Ballots Is Now a Matter of HistoryContest Conducted Under the Personal Supervision
of C. B. Hollister of the North Eastern Circulation Co. of Davenport, Iowo.
tie stealing, tho petition for a re
hearing was denied.
In tho case of Wm. C. Smith and
Minnie Medora Towley against F.
Smith, et al., the motion to affirm a
judgment In the lower court was
granted.
The decision of Judge, Galloway in
the case of the Portland Railway,
Light & Power Company against tho
Railroad Commission was affirmed,
and his decision in another case,
where the same partiss were .in
volved, was also affirmed. Ia both
cases the company had been directed
by the commission to not charge or
collect fares in excess of certain
rates, and from this order the com
pany appealed. The one case affects
the fare between Portland, Milwau
klo Heights, Courtney, Oak Grovb,
Center and Risley, where tho com
pany charged 15 cents, but must
nit charge more than 10 cents, and
the other pertains to Lents and in
termediate points, where the com
mission held that a fare of not more
than five cents should bo charged.
o
f UNITED MESS I-IUHED WlltC.l '
Klamath Falls, Ore., Dec. 21.
Maps filed In the Lakevlew land of
fice by James J. Hill's new railway,
tho Oregon Trunk Line, have given
rise to the belief that Hill and "Lum
ber King" Weyerhaeuser have joined
forcos.
The maps show that a right-of-way
has been secured from Tho Dalles
lown the Deschutes valley and De
schutes canyon. Tho right-of-way
extends to a point 30 miles south of
Crescent lake, thence passing up
the east fork of tho Deschutes. The
maps indicate a right-of-way to a
point 65 miles duo north of this city.
Woyorhaeuser owns more than
2QO.O00 acres of valuable timber land
in tho region through which tho
"lghtof-way extends, and maintains
a narrow guogo line from Klamath
Falls Into tho timber bolt. Tho fact
that tho right-of-way follows so close
ly tho Woyerhaeusor lands has fur
nished grounds for tho rumor of a
combination botween their owner
and HIU.
Telegraphic Flashes,
Owing to thie extreme inclemency
of tho weather, all work on the ex
tension of the Sumpter Valley rail,
way, from Austin to Pralrlo City,
has been discontinued.
A La Canyada valley woman killed
a duck with six good-sized gold nug
gets in Its gizzard. Everybody tn
tho valley Is now trying to And oui
whero the duck got the gold.
Congress has decided to Investigate
tho so-called Balllnger-Plnchot con
troversy. San Francisco has a drug store
bandit who Is creating all kinds of
excitement, who bld up threo drug
stores and walked Into tho Burrls
Hammara baths and shot down ana
killed Wm. Schneider, tho cashiON
without provocation.
A San Francisco Jap began suit
against himself today, because his
code of honor demanded it.
THE 0RE60N
an Enormous Gain in Circulation of Inestimable Value
We, the undersigned, judges in the Capital Journal Up-to-Date
Voting Contest, after fully canvassing the votes, find
the following young ladies to "be the winners of the various
prizes, in the three districts:
Capital Prize,
The'.winner of thecapital prize, For'd "touring car, is
Miss Lilly Stege, Total number of votes 6,537,385
District No. 1.
Winner of the Eilers piano, Bertha Klinger. Total
number of votes 4,052,400
Winner of the $100 diamond ring, Helen Winslow.
Tota number of votes 2,513,730
Winner of the gold watch, Miss Martha Wolz, Total
number of votes 1,972,120
Winner of the scholarship. Miss Adeline Flake, To
tal number of votes 1,836,180
District No. 2.
Winner of the $425 Eilers piano, Miss Alta Hbbson.
Total number of votes 6,150,600
Winner of the $100 diamond ring, Nora Mann.
Total number of votes 2,819,900
Winner of the gold watch, Josephine Neal, Total
number of votes 1,343,790
Winner of the scholarship, Maud Cramer, Total
number of votes 1,182,700
District No. 3.
Winner of the $425 Eilers piano, Cleo White, To- '
tal number of votes 3,706,000
Wi nner of the $100 diamond ringi Agnes Stenson,
Total number of voets 1,024,500
Winner of the gold watch, Miss Eliza Ayer, Total
number of votes . 980,810
Winner of the scholarship, Jessie Pugh, Total
number of votes 899,260
Winners of tho brass bed and Princess dressing table, the
special prizes:
The brass bed. Miss Alta Hobson, Stayton
The Princess dressing table.. Miss Cleo White, McMinnville
(Continued on pngo three.)
nfcnvDnnv i
LlLfU DUO I I
SEEMED
SATISFIED
A good-nutured crowd assembled
at Yo Liberty theater Monday after
noon at 1:30 to witness counting
the votes in The Capital Journal
cowlfwt. Tho candidates from thd
threo districts wore present In large
numbora with their friends. Tho
theater was vory comfortable and
on tho stage wore thu five judges un
der the direction of Mr. C. II. Hollis
ter, content manager. Promptly on
time tho. sealed ballot box wna
opened, and tho ballots assorted by
districts and then assembled by can
didates. When that was completed
and all the terms of tho contest were
agreed upon tho count began. Tho
two counting machines woro oporntod
with lightning speed by Davo Eyre,
of tho U. S. National Bank, and E.
J. Lally, of tho Portland Railway,
Light & Powor Company. In less
than two hours tho totals woro foot
ed up, each maclilno strip of added
votes sealed In a big envelope with
tho candidate's namo on tho outside,
and put back into tho big tin box.
Happy Speeches Made.
When tho big, good-natured audi
ence becamo aware thdt tho voto
was roady to announce, a thrill ran
over tho crowd. C. L. Starr, export
nccountant of tho state tax board,
stepped forward and made a fow com
plimentary remarks about the enter
prise of Tho Capital Journal In of
fering 13000 worth of valuable
prizes to fltlmulato circulation for a
Salem paper. Ills romarkB woro well
takon, und put the crowd In tho best
of good humor. Ho Introduced
Judgo P. II. D'Arcy, who cpmpllmont
ed all tho candidates and tholr
friends on tho splondld spirit they
put Into the contoat, and expressed
his sincoro regtvts that there were
not prizes for all the contestants. H -
of
to AdvertisersThe Battle
then announced tho results as pub
lished olsowhoro. His remarks woro
greeted with applauso, as woro Mr,
Starr's, and, as each prize winner
was announced, a now burst of ap
plause rang out In tho llttlo theater.
Jos. H. Albert, tho fifth judgo, was
the happiest and most beaming man
In the qulutot, and enjoyod tho whole
flnnl canvass to tho utmost, and
when Joseph gets enthusiastic thoro
is a good time for everybody. Tint
llttlo children and tho dog on tho
front sonts cheorod and barked with
tho rest. Tho judges did tho beat
Job oVor put up In tho lino of many
contests pulled off by Mr. and Mrs
Hollister, and rccol-ted tho thanks of
an present.
Tho Machine Presented.
When Miss Stego was through re
ceiving congratulations for winning
tho capital prize, and they wore
many and hearty, Col. Hofor stepped
up to her, and Informed her that Bho
was the owner of tho Ford flvo-pas-songor
car that has boon up In tho
balloting contest for six weeks. Ho
Informed her that Mr. Prlehs, of tho
Salom Auto Garago, would escort her
and hor party homo, and, as It was
too lato to tako out tho stato llconso
In tho namo of tho owner, ns re
quired by law, that could bo dono
Tuesday morning. Tho morry party
rodo off happy over their splendid
prjzo. Miss Stogo lias borno horsolf
throughout tho whole contest with
splendid spirit and fortttudo under
tho long strain of sharp competition
and nil kinds of bad wonthor. The
total votu scored by each candldato
appears in this paper. Tho Capital
Journal desires to thank tho loyal
frlonds and supporters of each can
d'dato for tholr hard work In making
this contest a great success from ev
ery standpoint.
This Paper CirciiIntcH.
In spite of unfavorable mall fo
ciliuos, all organlzod to clrculnto
Portlnnd papors. Tho Capital Jour
ual today has a stato-wldo c'rculntion
Tho Daily Journal and tho Weokly
journal go to enough peoplo to on
ablo anyono to succdes in business If
Intelligently usod as an advertising
medium.
Advortlsors are requested to como
In and look ovor our lists of subscrib
ers boforo placing thielr money on
advertising space.
Tho trial of Col. Hofor for nlloKod
violation of the stato law regarding
uuung out a stato llconso has boon
postponod In Justico WtebBtor's court
until tho counsol for both sides can
fix n date. His contention is that the
machine wns suspended in a voting
contest, and no ono was tho owner
until tho ballots could bo counted
and n stato license Issued to tho own
er. Farm Property Changes Hands -
Sorno valuable proporty was trans-foriM-d
rocontly, according to tho rec
ords on tho books of tho county re
corded. MIchnel Bognor sold to
John Flkan 150 acres of land situ
ated a fow irilles northoast of Wood
burn, upon tho Southern Pacific rail
road, for tho sum of $15,500. Salom
malty men, who aro familiar with
tho Woodburn property Just trans
ferrod. aro of tho opinion that tho
buyer. Mr. Flkan, moda ft flrst-clns
Investment, ns nronertv In that vl.
clnlty Is becoming inoro valuable ov
ery year,
Ha Fino Delivery -
Housewives get prompt service at
Hagan's Court street grocery. i
Members of Committee From
Missouri You've "Got
to Show Them."
'bum aaaTxi kgotj aaxmn
Copenhagen, Doc. 21. Tho com
mltteo which has been investigating
tho data ot Dr. Frederick A. Cook
today officially roported to tho consis
tory of tho University of Copenhagen
that Dr. Cook's records and observa
tions aro wholly insufficient to war
rant a verdict that ho diBCovofodtthe
north polo.
Tho consistory of tho unlvorslty
adopted tho report of tho commit
too, thereby flatly rejecting, . Dr.
Cook's claims, and throwing oiit hla
records and observations.
Cook's daa, nccordlng to, tho re
port, Is no more convincing than
wns tho newspaper accounts. N
Dr. Cook's prtvato secretary Id bit
terly disappointed at tho vordlct, and
Is making an offort to Induco tho con
sistory to withhold its final Judge
ment until Dr. Cook'B full data nr
rlvod. Tho consistory rofused to pay any
attention to Lonsdale's appeals from
tho findings today, and stated that
they woro final as far aB tho con
sistory is concerned. Tho discredit
ing of Dr. Cook wns a severe blow u
tho Danish scientists, who had
stood firmly by him and glvon him
support under tho charges mado by
Commandor Poary.
It Is believed lf tho data and rec
ords had provided grounds upon
which tho scientists could have estab
lished a reasonable basis for claim
ing that tho Brooklyn oxploror roai
ly reached tho polo, this claim would
have been mado and uphold as lone
as tonnblo.
A mombor ot tho committoo today
said;
"It took tho committoo but a fow
minutes to see that Dr. Cook's obsioi
vatlons apd Bo-cnlled records wore
worthless."
"Tho so-called note books on
which Dr, Cook rolled In a great
moasuro for vindication had only ac
counts of his observations, rather
than tho observations themselves.
Tneso noto books woro thrown aside
without a moment's consideration, I
cannot understand how a man ol'
Cook's reputed sclontiflc attainments
could havo attempted to bolster up.
his claims with such flimsy evi
dence" Thinks Danes Worn Fall.
Brooklyn, N. Y., Doc. 21. "Woll,
I'm glad tho Danes havo found th
rottohness In Donmnrk, anyway."
TJjub Horbort L. Brldgoman, sec
retary of tho Peary Arctic Club, com
mented on tho action of tho Copon
hngon sclbntlsts in rojoctlng tho Cpok
claims to tho dlscovory of tho polo.
Brldgoman doolarod that tho former
friendliness of tho Dnnes for Dr.
Cook precluded oil possibility of tholr
being unfair In tholr decision.
I Told You So.
Washington, Doc. 21. Whon
shown today's dispatch from Copen
hagen, Commander Robert H. Peary
said:
"Throo months ago. from Labra
dor, I sounded explicitly and dollb-
oratiely u wordod warning to ' tho
world, basod upon complete nccu-
rato Information rottard'nrr.tho
claims of Dr. Cook. In doing BO"f
accopted tho responsibility devolv
ing on mo and fulfilled mv dutv to
tho world and myself."
o
COOS COUNTY
ORATORICAL CONTEST
Myrtlo Point. Oro.. Oec. 18 A
high school oratorical contost- was
hold at Coqullle, Oro., last Friday
ovonlng to compote for tho possosslon
of tho hundred-dollar lovlntr cut)
glvon to tho schools of Coos county
by Mr. Froy, of North Bend,
uoquilio nigh school was ronre-
sontod by Miss Iva Howey nud
Qrotchon Shorwood: North Bond by
Ethol Motzlovan. Pear Watklns:
Myrtlo Point by May Hall.
tiio cup is competed for on tho
third Friday in etch Decombor. Tho
winning school keeps tho cup until
the following contest, and on win
ning threo successive victories be
come the permanent pwnors.
This is tho second victory ror co-
qulllo, Miss Bherwood being the suc
cessful speaker Friday evening.