I VOL. XIX SALEM, OKfcON, TUESDAY, DECEMBER 21, 1000. NO. 202. J OFCIOFR I HH n mawmmwm a sBKas bpa hhhis lAiinHiBg bbm if! fl Hi Pi PTP VLJM a hji a HUf ntsM fiv hmb is n h - i hi in fi n hi w n be nuann nw m m m b nnm n m n n m bi bbi m bi bb h b i bhih ihh n h IS VALID, If bit AUUrJI IU I Ht JUuliML Uol TUDnwnnwM 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.