Daily capital journal., December 21, 1911, Page PAGE SIX, Image 6

PAGE MX
DAJLT dAPITAXi tCHTRSAJj, S4XEM. OREOOI, THCTUDAT, DKCEMIIEB 21, 1811.
MM MMMMMMM
New Line to Tillamook
VIA THE
V SUNSET
I IO60EN ASHAftA I
I ROUTT S 7 I
AND
: Pacific Railway & Navigation Co.
Trains will run daily, except Sunday, on the following chedule:
Lr. Portland 7 ; 20 A. II.
Lr. HUlsboro 8 :60 A. M.
Ar. Beach Polnta ...L :10 P. M.
Ar. Bay City :04 P. M.
Ar. Tillamook 2:25 P.M.
Lr. Tillamook T : 65 A. M.
Lv. Bay City ... : 15 A. II.
Lr. Beach Points.... :M A. M.
Ar. HlUsboro 1 :25 P. M
Ar. Portland 1 ; 10 P. M.
Through tickets oa sale at city ticket office, Third and Washing
ton streets, or Fouth and Yamhill, to al 1 points on the P. R. ft N.
Further particulars from the city tcket agent or agent, Fourth and
Yamhill streets.
JOHN M. SCOTT,
General Passenger Agemt, Portland, Ore.
You will find tnat druggists every
where speak well of Chamberlain's
Coogh Remedy. They know from long
experience In the sale or It that In
cases of coughs and colds it can al
ways be depended upon, and that it is
pleasant and safe to take. For sale
by all dealers.
We wish to call your attention to
the fact that most infectious diseases
such as whooping cough, diphtheria
and scarlet fever are contracted when
the child has a cold. Chamberlain's
Cough Remedy will quickly cure a
cold and greatly lessen the danger of
contracting these diseases. This rem
edy Is famous for its cures of colds.
It contains no opium or other nar
cotic and may be given to a child with
implicit confidence. Sold by all
dealers.
0 '
Skating on thin Ice should be
avoided by those who wish to live 10
a ripe old age. It Is distinctly an
avocation of groenles.
Where the locality Does Not Count
Wherever there are people suffering
from teldney and bladder ailments,
from backache, rheumatism and urin
ary irregularities, Foley Kidney Pills
will ha In them. Belvldsm. Til w. A
Kelly, an ex-engineer, says: "Three
years ago my Kidneys became so bad
that I -was compelled to give up my
engine and quit. There was a severe
aching pain over the hips, followed
by an Inflammation of the bladder,
and always a thick sediment Foley
Kidney puis made me a sound and
well man. I can not say too much
in their praise." Tonic in action,
oulck In results. Will ftlirA flnv man
of kidney or bladder disorder not be
yond th. e reach of medicine. No need
to say more. H. Jernian, Red Cross
Pharmacy.
LVJOCTIOX MADE PEBXASEXT.
(Continued from Page S.)
Children Ory
FOR FLETCHER'S
C ASTORIA
Journal "Want Aim" Bring Results.
0
CASTOR I A
Pox Infanti and Children.
The Kind You Hare Always Bought
Signataxeof (fffi&U
MM MM MH
MM
Christmas Holiday Fares
on the
SOUTHERN PiClFIC
Account the Christmas and New Year Holidays, a special rate for
students and others has been authorized from all points, of
ONE AJiD OE.TIURD FARE FOK ROUXD TEIP
Sale Dates for Students
21str0m Albany,' Corvallis, Forest Grove, Itt. Angel; Dec. 20th and
From McMlnnville and Salem: Dec. 21st and 22nd.
From Dallas: Dec. 22nd and 23rd.
From Eugene; Dec. 16th and 17th.
Final return limit Jan. 8, 1911.
OTHER SALE DATES '
Between all Stations In Oregon nnd California where Eoyuliir Fare Is
lest than $13.00.
December 23, 24, 25, 30 and 31, 1911, January 1, 1912.
Final return limit Jan. 2, 1912. '
For full particulars call on nearest S. P. agent, or write to
JOHX If. SCOTT,
General Passenger Agent, Portland, Ore.
4 l MMM
H ,
Holiday Rourad Trips
Portland . $2.00 Forest Grove . $2.45
Orenco . $2.15 Hillsboro . $2.25
Woodburn . $ .75 Beaverton . $1.85
t
Tickets will be sold Decem
ber 21, 22, 23, 24,25, 30,
January 1.; good, returning
January 2, 1912,
Round triD tickets will hfi
sold to oth er Doinst at nno nnrl
one-third fare, minimum round trip fare 50c.
Details, train schedules, etc, will be furnished on re
quest. W. E. COM AN' CL ALB1N
GetVI freight & Pass. Agt Agent O.E.Ry.
Portland, Oregon Salem, Oregon
mmmmmm mm hmm
aid the vast power of the state to d .
lead the petition and exhaust the re
source) of the citizen In the unequ
contest. If It were required In sue-h
a case that the plaintiff must matce
a distinct issue at to the validity of
each same challenged for fraud of
the circulator, the Impossibility of
overturning the petition for that re
so a would.be made certain by enlars
Ign the fraud, for the larger the (rat d
the more difficult It rlll be to cha-
lease the legal sufficiency of the p
tltlon. How would it be possible for
a single crtlxen of this state or army
number of citizen to produce- specific
proof as to the fraudulent character
of each of 10,000 names upon this
petition. The existence of the power
of the court then to disregard tbt
whole petition; upon Ue proof of ma
terial fraud In the making of the pe
tltlon by one who Is Ira charge there f
supervising its making must rest ut
on public necessity.
Londoner ts. People, 15 Colo. 55T.
Upon this principle) painttff has
made Its prima facie cause of fraud
against the following parts of the pe -tltlon:
Section 54 and 57, verified by
Walter B. Thurber; 61, verified by
Stebrlck and Thurber; 38, verified by
C. J. Woolweln and Harry Goldman;
16, 59 and 112, verified by B. Wallace
31 and 105, verified by Charles
Matthews; 12, 24. 82 and 88, verified,
by F M. Raymond; 8, 19, 34, 50 85
and 94,'verlfled by Otto Newman. 64 ,
verified by J C Kirk; 65, verified by
H. McNemey; 51, verified by W. A
Dlelxld; 17, 113, verified by J. M
Hoykas; 2 6, 33, 89 and 104. verified
by VV. L. Carpenter; 2 3, 29, 40 U
and 90 verified by W. T. Mend?; 3.
21, S7, 91, 93. 99 and 100, verifiel
by H. W. Marsten; 2, 1 3, 30, 49 and
86, -verified by C. H. Fitzgerald; 9.
verified by Charles Tellerfson; 11,
22 and 83. verified by 0. A. Erick
son; 18, 9 8 and 114, verified by Roy
Moyer, the whole aggregating om
611&- names, which do not include
3722 names admitted to be fraudu
lent. There Is no reason why defend
ant's counsel should have stopped In
their adlmsslon when tliey came to
the work of Walter B. Thurber. fo;'
many pages of his part of the petition
appear to be almost entl rely made up
of fraudulent and fictitious names.
Section 61 is In part verified by Har-
ray Goldman, whose other work In
this petition, amounting to 1100
name-s, has been admitted to be void
for fraud. The work of C. J. Wol-
weln, who verified the remainder of
that section. Is scarcely an improve
ment on his associates, Sections 16,
59 and 112, by E. Wallace, ought to
be cast out, if for no other reason
than that It Is admitted that his true
name Is E. J. Rahles, tut there Is
shown to be ficticious and - forged
names therein, put there by the said
Rahles, alias Wallace. Sections 31
and 105, verified byChas, Mahttews,
are mostly forgeries upon the face of
the petition without the aid of ex
trinsic or other evidence. The
strongest evidence of the alleged
frauds Is the petition itself. The
Identity of the handwriting in the
face of the petition wltii that in the
affidavits, convicts this circulator not
only of fraud, hut of falsifying his
own oath upon the fitness stand.
Mrs, S. Starr, assisted by Miss
Minnie Burke, the defendant's ex
pert witnesses, gave testimony tend,
lug to show that many names In
Matthews' petition were written by
one and the same hand' Besides many
cases of specific proof of forged names
In this part of the petition was shown
none of which has In atty way been
refuted by the defense. Many names
have been judged to be bad or forg
eries ly the defendant's expert wit
nesses. The same comments may be
made as to the work of F. M. Ray
mond, who. It appears, fled the state
as soon as the investigation of this
petition began. The reports made by
the defendanfs expert witnesses, and
put In evidence, shows that they ex
amlned 675 3 names, and found only
2902 of that number registered, while
3525 of those found registered re
ported as having ' no evidence
in the appearance of the
writing Itself sufficient to say, that
they are fraudulent One hundred
and thirty-one other names were cata
logued as suspected of being fraudu
lent, and 195 were listed as fraudu
lent and void. Of these registered
names, 1,783 appear upon that part
of the petition attacked by plaintiff's
proof, and deducting that number
from the total of 9.788 disqualified by
plaintiff's evidence and by the defen
dant's admission, leaves 8,003 names
as the total number affected by plain
tiff's case, and not, overcome by the
defendant. Deducing this numberj
from the total number on tbu petl,
tlon, leaves but 5.612 names which
maybe said to ret reserat tht valid
part of thepetitlon upon this view of
the case. This does not take into ac
count more than 200 names which on
a careful computation ought to be de
ducted for duplication and for lack of
proper verification by omitting i
name from the affidavit or the fail
ure of the circulator to stn the
same. But there still a much
broader view of the case that this
court, being an, equity xourt, might
take of tht whole matter, consider
ing the moral aide thereof, and mo
tives which prompted the circulation
of the petition, the manner In which
it was done, and the connection ofH.
J. Parkhson therewith, and thls acts
regarding- ' the same. As we have
said, this suit does not Involve the
adjudication and settlement of mere
private rights, but rights of a very
broad and universal Interest
The right of petition, reserved by
the constitution to refer to a vote of
the people any measure passed by the
legislature, was not intended to be
used to settle or adjust private and
local grievances; but the right con
templates the rights to express the
honest Sentiment of disaffected vot
ers upon public matters only. The
evtdence in this Sise 'disclosed that
the petition originated In a case of
local neighborhood contention and
spite; that In carrying into effect
this unworthy motive, means were
employed to obtain signatures upon
a money basis and to further a per
sonal spleen and revenge by a com
mittee of Cottage Grove citizens. An
order was first given to H. J. Park
son to procure 300f ames which he
was to be paid at the rate of seven
cents for each name so secured to
each of the two petitions referendlng
the two acts in this cause. This
dealer In names for a price, pro
cured agents for which he at one
time vouched to go out Into the street
and most questionable places In
Portland to procure names. Some of
these agents went under assumed
name, and In this manner made the
affidavit required to verify the peti
tion. Long before this petition was
Wed, Mr. Parklson was advised that
a large part of the names handed In
to him by his agents were fictitious
and fraudulent.' He so notified his
principal at Cottage Grove , and
agreed to replace 600 or 8O0 names
admitted to be fraudulent, among
those delivered by him to the com
mittee of that place. A dispute arose
among these gentlemen who originat
ed the petition as to what should he
done with it, and between some of'
the committee and Mr. Parklson as
to the manner in which he should
perform his contract. There Is some
testimony to the effect that he and
Mr. Abrams filed the original 3,000
names without taking out the 60O or
800 fraudulent names, but Mr. Park
inson swore that he did not file them.
It Is certain, however, that he did not
eliminate all of the fraudulent names,
for the defendant has been compelled
to admit the existence of 3,722 frau
dulent names and others suspected in
the petition as filed. It Is shown,
however, that Mr, Parklson knew
that Chas. Falk had furnished him
fraudulent and forged names, still he
employed this untrustworthy person
to procure more names, and he took
Tio steps to ascertain the validity of
these latter nams, but filed them
with the others. These names form a
part, of those now admitted to be
fraudulent.
Now Mr. Parklson appears to be
the one man who has stood back of
the state officers and insisted upon a
strenuous and technical defense of
the purity of his pe'tlon, and through
the medium of the attorneys for the
defense he has insisted that this
court delve into the circumstances
surrounding each v signature on this
petition to determine, if possible, its
genuineness, all at the expense of the
state and the citizens who have un
covered this fraud and are now con
tributing to the maintenance of this
suit. But we are firmly of the ppln
ion that such persons who are indi
rectly. If not directly, responsible for
the frauds that are shown and admit
ted to have been committed In the
.preparation of thip oetitlon; are not
xiow in a position to ask an equity
ourt to perforin the unusual, and we
any say the herculean task, of sift
ing out, name by name, the good from
the bad to ascerMIn, if possible,
-whether there may not be sufficient
wntalnted names to maintain this pe
tition so that some spite may be
-worked out aglnst an Institution of
the state. People who desire to pre
sent such a 'petition are under obli
gation themselves to see that there
f s no fraud in It before presenting it
tor filing. The proof, In the nature of
an oath, specific in foFrn, must be en
dorsed on each sheet of the petition,
and if it Is shown that these, affida
vits are to a great extent false and1
1-cnowingly so, or the circumstances !
are such that those filing the petition
ought themselves to have known of
tlie falsity of the petition and took no
c?are to protect it from fraud, they are
In no position to complain if a court
or equity declines to hear them at
sail Doubtless1 few. If any, of the
reputable signers of this petition
ktnew that their names were thus be-
lag used as articles of traffic for
rmioney consideration or as an agency
to satisfy a petty revengeful spirit.
If the parties filing this petition
with the secretary of state had not
Icuowledge or. suspicion bordering on
conviction, that a great part of these
p-etltlons were fraudulent, why did
ttiey file some 8,000 names more than
tfcse number required to reterend the
at, at a cost of over $500 for so do
ing? Other than some 2,300 names to
thiese petitions secured in the coun
ties of Benton, Lane, Linn, Marlon,
Polk and Tamhill. all the other
names to 'the petitions secured la
Portland, Oregon City, Th Dalles,
and Astoria by the conspiring circu
lators, all residents of Portland la
the employ and aa agents of H. J.
Parklson are so permeated with
fraud, forgery and conspiracy that a
court of equity, and good conscience,
will not hesitate to decree all as In
valid and of no effect
The defendant's counsel admits
that the petition filed by Mr. Park
son with the secretry of state con
tains nearly 4,000 fraudulent names,
and that others may be tainted, but
that he is convinced that there are
more bona fide names (viz. 6135) on
the petition than are necessary to
meet the requirements of the law to
reterend house bill No. 210; and upon
this showing asks the court to dis
miss plaintiff's- complaint. If a party
were indebted to the state In the sum
of $6,135, and should tender to the
secretary of state $13,(15 with the
admission that $4,000 of the sum so
tendered were counterfeit, and oth
ers bore evidence of suspicious char
acter, the court surmises that the
learned attorney would not advise the
secretary of state to accept the tender
and liquidate the obligation, but ra
ther that he would have the circula
tor of counterfeit money arrested and
prosecuted as the law 'directs. The
court Is of the opinion that he who
knowingly files a fraudulent petition
is no less morally culpable tban he
who traffics in counterfeit money.
Hercules, upon beholding the ac
cumulated filth of years, took drastic
measures to cleanse the Augean sta
bles. And the court Is of the opinion
that the defendant, upon learning of
the mutilated and disarranged condi
tion of the petition, with the posl-
Ive evidence of irregularity as to form
of same, might well have refused to
file them, thereby throwing the bur
den of proof of the legality of the pe
titions upon the parties at fault, by
mandamus proceedings as provided
in the statute.
It Is the opinion of this court that
judged by legal consideration alone,
the petition is void, and ought not to
stand because of the evident lack of
a sufficient number of genuine names
of legal voters of the state to refer
the measure, and, judged by . the con
science of a court of equity, those
seeking to maintain it are not in
court with clean hands, and ought
not to be granted the unusual re
quest to purge the wtition of fraud
for which they are more or less re
sponsible. The injunction will be
made permanent, and It Is so ordered.
Imme dlately after the decision At
torney General Crawford, repiesent
ing Secretary of State Olcott, served
notice on the attorneys o( Friendly
that he would prosecute an appeal to
the supreme court.
' i r H ' '
To Cure a Celd In One Day.
Take Laxative Bromo Quinine Tab
lets. Druggists refund money If. It
falls to cure. E. W. Grove's signa
ture is on each box. 25 cents.
o
A Dreadful lToand
from a knife, gun, tin can, rusty nail,
fireworks, or of any other nature, de
mands prompt treatment with Buck
len's Arnica Salve to prevent blood
poison or gangrene. It's the quickest,
surest healer for all such wounds, as
also for burns, boils, sores, skin erup
tions, eczema, chapped hands, corns
or piles. 25ce at J. C. Perry.
4-t titttMi inn tl4
A GIFT
WHICH WILL GLADDEN THE HEART OF
ANY HOUSE-WIFE
A Caloric Fireless Cook St
ove
The Caloric will reduce the cost of
living in fuel and food, will save hours
of kitchdn drudgery and will insure
much better cooked meals.
a nui mar a. I
MOTHER CRAY'S
SWEET POWDERS
i-uk CHILDREN,
ttmtj
w o
BIG REDUCTION
until Xmas. We will sell
Mill Wood $1.75 per Load
in 5 Load Orders, and $2.00 per Load for single loads
The Chas. K. Spaulding Logging Co.
Office front and Ferry. Phone Main 1 830
Dl
MM
I I I I f f I
Don Ucc.pt s.mpl. mailed FR kg. A ddww.
tnytubiutvfe. A. OLMSTED. LtRoyji'.Y.
E. HOFER & SONS
Investments, Loans, Real Estate
INSURANCE
We write Fire. Life, Accident, Liability, Automobile,
Bonds and All Branches of Insurance.
213 S. Commercial St.
Phone 82
The Portland Railway Light & Power
Company wishes the citizens of Salem
A Bright and
Merry Xmas
and in an effort to make it so, offers
as a slight token of the Season,
CHEAPER ELECTRIC LIGHTS
FOR THE HOME
by reducing the price of the 40 watt
Mazda lamps 20, or from 80 cents
to 65 cents each.
i . - "' I
fciiian'CiT.i'i'Ii, ; hut- .1. J) i in in I . n f
t
!