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VOL. XXI.
SALEM, OREGON, SATURDAY, SLY 13, 1911.
NO. 114.
IE
BACHELORS CLUB llJSiFinST FALL
WIETHE DEMURRER IS OVERRULED
ORDINANCES ARE RADICAL
NO CITIZEN ALLOWED TO HAVE
LIQUORS IN HIS RESIDENCE
Express Companies or Draymen Deliverng Sealed Packages
Containing Liquors Are Liable to Punishment Anyone
Making Affidavit Can Have Search Warrant Issued and
Any Citizen's House Searched Such Is the Meaning of the
Ordinances as Explained by the Attorneys in the Case.
The Bachelors' club, of Woodburn,
fcocmd Its first victory In Its litiga
tion against the city of Woodburn
this forenoon when Judge Galloway
Overruled the demurrer Interposed
' the defense in the suit brought
y the club' against the city to have
Hiclared void certain ordinances per
taining to the handling of Intoxicat
ing liquors by the club, and If the
remarks made by the court In mak
ing the ruling cap be taken as In
dicative of his views as to the legal
ity of certain ordinances In the com
plaint It will not be surprising when
tlie case conies up to him for final
disposition, should hia be In
I" avor of the club.
Court "
The defens ueu in the de
murer that the equity court had no
Jurisdiction in the case but that It
kvas of a nature which brought It
Dietz Found Guilty.
Hayward, Wis., May 13. The
Jury in the case of John F. Dietz,
charged! with having' murdered
Deputy Sheriff Oscar Harp, re-
turned a verdict of guilty today.
Dietz'B wife and son, Leslie,
were acquitted. When the ver-
diet was announced, Mrs. Dietz
threw her arma about her hus-
band's neck and sobbed.
As he was led away Dietz grin-
ned defiantly and shouted: "If
the lumber trust needs a victim
I can stand it."
.
Madero Protects Navarro.
El Paso, Tex., May 13. Riot-
Ing is reported as Imminent In
Juarez today between the In-
surgent chiefs over the posses-
alon of defeated Mexican gener-
al, Juan Navarro. Generals
Orozco and Villa, It Is aald,
want to shoot Navarro for lnhu-
man treatment of wounded prls-
oners.
Madero says they mutt shoot
him before he will allow Navar-
ro to be executed.
It is reported ' that 1 Orozco
has gone for Navarno, ajnd that
serious trouble In thi rebel
ranks may come at any qioment,
i
WHITE Ml MEASURES HIS SPEED
AND ENDIVE WITH RED DROTIIER
'under the jurisdiction of the law de
partment which 'is presided over by
budge Kelly. Judge Galloway held
Hhtit as the complaint attacked the
Validity of the ordinances of the city
and as assuming Jurisdiction of the
case, would avoid multiplicity of
'stilts, that the case under the law
'came within the Jurisdiction of the
.equity department and overruled the
demurrer. The city was ordered to
answer and the case will be tried
'out on its merits on May 26.
I Ordinances Are Itndlcnl.
I The ordinances attacked In the
.complaint are radical In the extreme
and the court took occasion in mak
ing his ruling to say that some of
Jthem are, but when pressed by the
attorneys as to whether they were
gal or not declined to say, but his
emarks indicated that he entertained
.grave doubts as to the legality of
(home of them.
The first ordinance set out In the
'complaint provides in substance that
iiio liquor shall be given away or
sold or kept In any place In the city
'of Woodburn, save In drug stores,
and upon prescription. The second
lis along the same line, only It de
Wares places where gambling Is con
ducted and where liquor is given
jaway, or sold or kept as disorderly
'places and provides a heavy fine. It
lis the contention of the club that
fthey are void for the want of author
1 in the charter of the city for
jtheir enactment.
Those Radical In Extreme.
While the above are radical enough
an ordinance directing that search
warrants may be Issued by the city
recorder, and another forbidding
common carriers or their agents to
deliver liquor to any place within the
city of Woodburn, save the drug
stores, are radical In the extreme.
Under the search warrant ordi
nance the city recorder can direct a
search warrant to be issued for the
searching of any place In the city
private or public, upon an affidavit
being made by a person that he be
lieves that personal property is lo
cated at a place which the law for
bids being there. Under this ordl-
-ice an officer can enter any private
house and If he finds liquor therein,
have the parties dragged before a
court and fined as under the general
liquor ordinance, it Is unlawful even
to keep liquor In the house for pri
vate purposes.
Under the common carrier ordl'
nance, common carriers are forbid'
den to carry liquor within the boun
dary lines of Woodburn, and under
it not only they, but their agents a
drayman, might be convicted for vio
lating It. Under It the Wells-Fargo
Express company and its agents
might be arrested for delivering to
any person a sealed package con
taining liquor. This' ordinance the
defense contends Is illegal for being
In violation of the inter-state com'
merce law. Judge Galloway took oc
caslon to pronounce this ordinance
and the search ordinance as radical
Would Affect All Clubs.
Much Interest attaches to the case
as should the city win It would
mean that every club in the stats
where the town is dry would be un
able to supply , its members with
liquor. In many of the dry towns of
the state certain lodges maintain
clubs where liquor Is dispensed for
the benefit of the members and a de
cision for the city in this case would
mean that should the town In which
they are located desire to do so,
they would have to cease dispensing
liquor to members.
WILL REACH
PORTLAND
TONIGHT
CHRIS EVANS, THE NOTED BAN
DIT, PAROLED FROM CALIFOR
NIA PRISON, TO REACH PORT
LAND, HIS FUTURE HOME, TO-NIGHT.
TO ATTACK
Floe From Ensenada.
Sam Diego, Cel., May 13. The
steamer Bernardo Reyes ar-
rived here today with 47 refu-
gees from Ensenada all that
could be crowded on the little
boat.
She reported that the steamer
San Diego would leave Ensena-
da today with 200 more refu-
gees.
All Ensenadans fear an at-
tack from Captain Pryce's com-
mand, which took Tla Juana
Tuesday.
OGALES
Three Hundred Rebels Board
Southern Pacific Train at
Town of Cananea Captured
by Them This Morning.
WHITES LEAD FROM START
AND MAKE STEADY GAINS
NEARLY CERTAIN TO Will
The Race Started Promptly at 10 O'clock and at Chemawa
the White Boy Had Two Minutes and a Half the Best of It
They Added a Minute in the Second But Lost It in the
Third After That It Was Steady Gains Until at Oregon
City They Had a Lead of Eight Minutes and a Half.
DESTINATION IS NOGALES
UNITED PBESS LEASED W'Bl.J
Portland, Or., May 13. Chris
Evans, the noted California bndit,
who was recently released on parole
from Folsom penitentiary In Califor
nia, where he was serving a life sen
tence, Is expected to arrive In Port
laud, his future home, this evening
on the steamship Bear. The Bear
reached Astoria this morning, and,
Evans, accompanied by hia little
grandson, was among the passeng
ers. Evans submitted to an inter
view. He said) he had no definite
plans for the future.
"I simply want to spend the rest of
my life in peace with my family,"
said he.
Mrs. Evans, who resides here, has
been seriously 111, and will be unable
to meet Evans at the dock. Evans
looked the picture of health, despite
the 1 7 years he spent behind prison
bars.
THE MKRIDIA HAD TWO
MILLION DOLLARS AROARD
One way ot discourage gossip is
to keep on good terms, but not too
good, with your neighbors.
The world's all right to a man who
Is on good terms with himself.
New York, May 13. With her
bows badly stove in, the steamer Ad
miral Farragut arrived this afternoon
at the Brooklyn drydock for repairs.
The officers of the Merldla, which
the Farragut ran down, declared to
day that the Merldla had aboard
when she sank $2,000,000, which was
being taken to New York from Mexi
can banks.
The passengers of the Merldla ar
rived here today by rail.
o
The Civil War Is raging again In
15,000 newspapers.
This Is the Only Point of Entry Along
the United States Border Not Yet
in the Hands of the Rebels The
Mayor and Other Mexican Officials
Fled Across the Line on Hearing
of Move, and Resistance -Will Ue
Slight.
UNITED TRESS LEASED WIRE.
Nogales, Ariz., May 13. Three
hundred armed rebels aboard a cap
tured Southern Pacific train left Can
aea at 9 o'clock today.
Their announced destination was
Nogales, and an attack here Is ex
pected this afternoon. Nogales is the
IT'S TOO LATE
TO PREVENT
THE FILING
FRIENDS OF THE U. OF O. HOPE
TO ACCOMPLISH SOMETHING
BY CONFERENCE, BUT REFER
ENDUM IS NOW CERTAIN TO BE
A1TLIED.
While denying that he had tele
graphed H. J. Parkinson from Port
land yesterday afternoon asking htm
to defer the filing of the referendum
petition against the appropriation for
the University of Oregon, until he
could see him, Governor West admit
ted that he had expressed a hope
that a conference might be held and
the matter adjusted as he felt that the
referendumlng of the appropriation's
of the school would cripple It
That a conference will be held and
that every effort will be made use of
to dissuade Parkinson and those back
of the petitions from filing them Is
probable but that It will have the ef
fect of stopping the movement now
oniy remaining point or entry aiong petitions believe that the state
scnooia Bnouia ue cenirunzeu as un
der the present system work Is be-
in '
the United States boundary not
the hand sof the rebels.
Residents of Mexican Nogales be
came panic stricken when news of the
Impending attack was flashed here.
An exodus across the line began
Immediately. Among the first to
move was the mayor, and other Mex
ican officials followed closely on their
chief's action.
It was expected that the federal
garrison would make but slight re
sistance, taking refuge across the line
when1 the attack became too hot.
o
Josephine Took a Tumble
(UNITED PRESS T.EARET1 WIRE.
San Francisco, May 13. Josephine
Tupper, 14 months old, escaped with
slight lacerations today after a fall
of 45 feet, from the fourth-story
window of her home, and landing on
a cement pavement.
The Message.
"It seems to be the habit ot some
of us to pause occasionally In- the
nerve-racking scramble and rush of
twentieth century civilization and re
vert for a time to the customs and
practices of ages that have passed, to
establish by practical demonstrations.
that not only the brain, but the
brawn and endurance ot the men of
today Is equal or superior to that of
yesterday.
He, a white runmer, representing the'
Y. M. C. A., of Portland, promptly at
10 o'clock this forenoon started on'
the flrst lap of the relay race to Port
land. There was a large crowd gathered
at the capital building steps, from
where the Indian runnners started,
to witness them ctart. The Indian
runners, before the signal was given
for them to start, expressed them
selves ag confident that again they
'Today a number of young men would win this, the fifth race. The
will race for 50 miles or more, be
tween Salem and Portland to estab
lish the fact that they are as fleet of
foot and clean of limb as their broth
ers of long ago.
"It, accordingly, affords me much
pleasure to turn back to the methods
of Marathon and to express to you,
by the fleetest of these runners, as
surance of my highest regard and es
teem and my hope that you In your
life's race may ever run as strong and
as true as has. my messenger. ( ,
'.'Again assuring you of my beat
wishes, and with kindest personal re
gards, I have the honor to remain,
"FncHrely,
''OSWALD WEST, Governor."
Start Promptly at 10,
Carrying the above message from
Governor West, to be delivered to
Mayor Simon at his office In Port
land, Klutes Jim, a fleet-footed Yak
ima Indian, representing the Chema
wa Indian school, and Harry Bardal-
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tng duplicated and It is with the
view of bringing about a centraliza
tion of the schools that the referen
dum Is launched and It seems to be
opinion of those conversant with con
ditions that they will not turn lack
now.
Misunderstanding Says (lovernor.
In speaking with regard to the
bribery charge made against Presi
dent Campbell by Parkinson, Gover
nor West gave It as his opinion that
it was but the result of a misunder
standing between the two. He stat
ed that he was well acquainted with
both men; that Parkinson was sin
cere and honest and would never
have preferred the charge, unless he
believed It was true. On the other
hand he said he was personally ac
quainted with President Campbell,
and that he was man of honor and
integrity and that he did not believe
an'' could not be convinced that he
had offered to bribe Parkinson.
270 North
Commercial
TRODDLE
AMONG THE
OFFICERS
REBEL OFFICERS FALL OUT
OYER GENERAL MAOERO'S DE
FENDING NAVARRO WHOM THE
OTHERS WOULD SHOOT.
nilXKSR GOVERNMENT
WANTS AMERICAN DOCTORS
Washington, May 13. The state
department has-been Informed by
Minister Calhoun, at Peking, that the
Chlnewe government has agreed to
an Indemnity In case any of. the
American physicians assisting In the
light against the pneumonic plague
In Manchuria are stricken with the
disease. Besides more than a svre
of American doctors being employed
by the government, Drs. Strong and
Teague, of the Philippine service, of
ficially represent the United Slates at
the plague conference at Mukdon.
In case of the death of nny ot the
American physicians employed, or of
the American medical representa
tives, the Chinese government lias
agreed to pay $8"00 to the families
of the deceased.
Ifuteli Won Miirathoii.
St. UhiIh. Mo., Mny 13. Sidney
Hatch today w,'m the Missouri Ath
letic Club Marathon for the fourth
time.
Hatch's time was 3:04:56. For
shaw. who was second, made the d's
tance In 3:9:14.
rONITlSD PEERS LEADED WIBE.l
El Paso, Tex., May 13. Headed by
General Pascual Orozco whose sol
dlers demanded money from Provis
ional President Francisco Madero for
the Immediate purchase of supplies,
rebellion broke out In Juarez today
In the rebel forces and within a short
time Madero had been made a pris
oner. Coupled with the demand for Ma
dero's cash was a dispute as to the
fate of General Navarro, who, Oroz
co and Villa said, should be shot for
Inhuman treatment of rebel prisoners
before Juarez fell.
For a time after the dispute broke
out there was grave probability that
the lnsurrectos would engage In a
desperate battle among themselves,
but Madero finally agreed to do
everything In his power for Orozco's
troops and was set free. Navarro'
fate was left unsettled.
Great . dissatisfaction was ex
pressed by the rebel chiefs nt the
lack of action by Madnro's new cabi
net, and their resignation was de
manded and given. This afternoon
the whole councils of the rebel army
were still In turmoil and It was Im
possible to say what the outcome of
the factlonlsm would be.
; Madero Saves Navarro,
101 Pao, Tex;, May -13. Fearing
that .General Orozco's troops would
e&rrf out their threats to shoot. Gen-
-rni vnrrn, Provisional President
Madero this afternoon " personally
conducted Navarro to the Rio
Grande, where he forded the stream.
escaping Into El Paso.
white runners expressed themselves
equally confident, and as both sped
down State street, they were given a
liberal round of cheers by the spec-,
tators.
Christian W'im First lap.
When the two runnorg reached
Chemawa the end ot the flrot lap
Bardal lie, the Christian, was
ahead by about 2 1-2 minutes. The .
distance was 6.2 miles, and wag cov
ered by Bardalllo in 36 minutes.
Hoot bo Gains in Second.
second lap, and Moee, a Digger Indi
an, relieved Kultes Jim. and ha
proceeded to dig into the time made
upon his red brother by the pale
face, but without results, as the
white man at the end ot the lap came
in 3 minutes and 10 seconds ahead.
The distance was 6 1-2 miles.
Indians Gain In Third.
Payton picked up the message for
the Y. M, C. A. at the end ot the
second lap, and Lou Dan, a Muckle
shoot Indian the one carried by
Mose. Jumping Into the race with
a determination to gain the time lost, '
he succeeded in reducing it so that
Payton, at the close of the lap, was
only 2 1-2 minutes ahead. The dis
tance was 5.6 miles.
Indians Lose Again.
In the fourth lap Vanderllp Jumped
Into the harness for the Y. M. C. A.
and Edward Three-Mountains for the
Indians, and throughout it the whlto
runner continued! to lead.
White Still Galu.
In the fifth lap Schwforn, the white
sprinter, was ahead of Peter Alfus by
fi minutes and 9 seconds, and at the
close of the sixth lap Hurts was lead
ing Xoe Purns, the Indian lad, by
7 1-2 minutes. The distance in the
fifth was 5 1-2 miles.
While Hunners Steadily Gain.
In the seventh Paulson, the Y. M.
C. A. man, continued U gain on W.
M. Powers, a Cherkoee Indian lad,
and In the eighth lap It was the same
old story, ar.d as Hurtman, the Y. M.
C. A. runnei, passed through Oregon
City he was eight minutes and 34
seconds ahwd of Prnpp, of the Sno
homish tribe of Indluns.
THE REBELS
CAPTURED
CANANEA
f UNITED FREHtf LE'SI W1RE.1
Douglub, Ariz., May 13. t'uuanea,
a trnnetln point In N'orthorn Sonora,
was captured by the rebels without
firing a shot early todny. The rebels
sneaked Into the city, dispersed the
few federals who had been left thero
as a Kari'lsm, und hoisted a rebel
flag over the public buildings.
Cunnnea will be used by the rob
e's, It is reported, as a buHC for furth
er operations In this section.
O
Mr. Harrison says It feels natural
to be mayor of Chicago again. A
man will gt used to anything.