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THE LARGEST
QRCULATION J
THIRTY-SIXTH YEAR.
SALBH, OBEQON, TEIDAT, NOVEMBER 28, 1913.
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NVM
ELECTION SCHEDULED TO BE HELD NEXT MONDAY IS TO BE PE
RMITTEO
DEMURRER
0
LOCAL OPTION
LED
OH
DRYS IN
CASE IS
Gives as One of His Reasons for Declaring Election of Early
This Month Void Because Wrong Date Several Dates
Involved in City Election of Next Monday Will Be Ruled
on Later on, Court Merely Refusing to Grant Injunction
Drys Will Appeal to Supreme Court in Local Option Case.
i f .
Samuel Hill Turns First Shovel
ful, and Says Oregon Is
in Lead.
CONVICTS WILL BE USED
Late News
Bulletins
Superintendent Lawson Prepares to Put
Bunch at Work on an Extension
Sock Out
OMITID rKISS LIA81D wim.
UNITKD PRBSS LIASBO WIBB.J
San Francisco, Nov. 28. That the
Western Fuel company officials would
produce the books of the concern be
fore the federal grand jury this after
noon was the belief of Matt I. Sulli
van, special United States prosecutor.
Intimations have been given, Sullivan
asserted, that there would bo no furth
er trouble about the books. If the
books are produced, it is certain that
the contempt proceedings will be drop
ped. .,
u
PLANT IS $278,634 IS
in
CJvil Engineer, of Chicago, Em
ployed by Company to Ap
praise It.
IT IS UP TO COMMISSION
IM; n nhTlfllj' TYAU
Judge Galloway, of the circuit court,
today sustained the demurrer to the
complaint in the case of the Salem
Brawory Association agninst the city
of Salem and hold that while he donicd
the motion for a temporary order of in
junction restraining the uefcuJant
from holding the December 1 eloctiou
on the amendment of the city chartor, i specifically points out the manner in ment in the Northwest. Tho act marked 1
son at the time of the argument on de
murrer last Tuesday night. He held
that a municipality must so arrange its way Commission and a hundred promi
cliartor to conform with the regular nent citizens of Jackson county, the
provisions of the local option law when first shovelful of earth in the construe-1
Should Soon Be Able to Ascertain Why
Salem's Water Bill Is Bigger Than
Washington, Nov. 28. Every wheal Its Bread Bill,
on the Southern railway was stopped ( 1
for five minutes today out of respect to
the memory of President Finley, who We are ploased indeed to tell a long-
Medford, Nov. 28. In the prosence died at his home here early in the week. waitinff publio that the 8alom Wata(
of Governor West and the State High-; Funeral services were mm in . h fi, d .
John's Episcopal cnuren. ( ...
' road commission a statoment of its phy.
Borne, Nov. 28. Bishop Dennis sical valuation. TIiIb statement was
is hold. The local option law, ho held, Hill, the father of the good roads move-, by Pope Pius.
he will not rondor a final decision in
the matter until after the election in
question Iisb been held. The court over
ruled the demurrer in tho case of John
Stellinan against County Judge B'ushey
and granted the defendant ten days in
which to anBWor. In this suit the
plaintiff is seeking to restrain the
which all local option elections Bhall bo tho beginning of work on the $107,000
helu. He holds that such an eloction grading .contract let last week for the
must be held upon a regular election ' new road over the Siskiyou mountains,
upon the first Tuesday after the first highway 24 feet in width, with a six
Monday in November. I P eit maximum grade, that will be
"The city of Salem failed to comply ; hard surfaced 16 foot in width. The
with the local option ruling," contend'
ed Judgo Galloway, "and it is the
county court from doclaring the No-1, opinion of the court that this uncor-
vember 4 local option election, and un- rooted fault in Salem's municipal char
loss reply to the court's docision is tor should be hold sufficient to over-
forthcoming within ten days from to- J rule the demurrer in the case of Stall- ( best shape of any of the Btates for good
day a permanent injunction will prevail ,nian against the county court at this road construction. Oregon begins where
time. It is not the fault of the law the othor statos have loft off, and has
that this election was hold contrary to the advantage of all their experience,
survey traverses the sky-lino of the Sis
kiyous, and the highway will be one of
the scenic boulevards of the world.
Oregon Leads.
"Oregon," said Mr. Hill, "is in the
VICTIM OP APOPLEXY.
OHITID miS UABU "1BB.1
Chicago, Nov. 28, Frank Rowley,
former managing editor of the now de
funct Chicago Chronicle, and lator as
sociated with newspapers in San Fmn
cisco, died here today. Ho was strick
en with apoplexy 14 months ago.
The Weather
Attorney-General Crawford Holds Voters Who Were Not
Registered Under Law of 1912 can Only Vote by Using
Blank A, and This on Election Day Before Election Judges
Affidavits of Voters Before Notary Public or Other Of
ficer Valueless About 2000 Will Be Obliged to Swear in
Votes Monday, if they Vote Busy Time for Judges
Promised.
Attornoy-General Crawford holds to-Veluction judgos alone, Thore are aboutf
and the eloction will be declared null
and void. The court hold today the
election was invalid because held on the
wrong date.
As Suit Now Stands.
In rendoring his decision in the city
qnso, Judge Galloway hold that while
he could not grant a temporary injunc
tion to restrain the city from holding
the election next Monday, he docs not
beliove at tho samo time that ho should
dismiss tho proceedings on tho grounds
holding an election on any date other "on of the Pacific Highway in Oregon uougnony, or w uw'' """ ca mis morning oy wm. j. jiegcnan,
than that unon which a rouular election was turned this afternoon by Samuel was receivea in pnvie uUluv . civil engineer ot Miicago, wno naa
earoiuny examined me water compa
ny's plant and determined its value.
This examination was made at the re
quest of the water company, and is its
own showing as to values. Mr. Hage
nah find that the cost of reproducing
the plant, that is building it now, would
be $313,(114, and that the present value
is $278,634.
This is only one step in tho investiga
tion, and tho end 1b yet some distance
in the future, for the commission will
now probably make somo investigation
on its own account.
However, the valuation does not seem
unreasonable, and as we remember It,
s considerably less than the price fixed
on it when it was offered for salo to
the city. i
Financial Statement Lacking.
The oompany has not yet filed it fi
nancial statoment showing its rocolpts
and expenditures, so It profits can be
arrived at and a fair judgment made as
to tho justness of its rates. This will
come Inter, and considerably lator, if
the company is as slow in making Its
financial statomont a it has been in
statute, as suprome court opinions, two Today marks the beginning of perma
in number, have been handed down in nont highway construction in tho state,
which it is hold In tho plainest of lan- Jackson county points the way and
guage that before a municipality can lends Oregon, and its example will be
hold a local option election It must first rapidly followed by all. "
i,o arrange its municipal charter so as 1 Snrt speeches wore mado by Cover
to conform with tho time designated no" w"t nJ representatives of the va
for holding a wet and dry contest." rlou commoroial clubs. Preceding the
Still Have Recourse.
The liquor interests of the city still
ceremony, an elaborate luncheon was
VoU ar
&MvlQiD To
The Dickey Bird
says: Occasional
rain tonight and
Saturday; south
erly winds.
(Continued on Page Five )
there are still several very material have another alternative in tho event
points involved. the eloction which is to be held next
Among tho most Important features, Monday proves contrary to their inter
lie averred, Is the fact that since tho ests. In tho event the amendments to
supreme court has annulled the Gill the charter declaring it to be uiiluwful
registration act the vote that will bo to sell, barter or give away lntoxicat
cast at the city election will be fhr be-, Ing liquoni in tho city carries, the
low that cast at" the lust Bpecial elec- ' lintif fs in tho city case are at liber
tion and that he may consider those , ty to make a second application for an
circumstances in deciding the legnllty order of injunction restraining tho dec
of, the election. I laration of tho election.
"The constitution of this stato Is As the matter now stands, insofnr as
plain on the question of the monner in tho city election caso is concerned, the
which administrative powers shall be complaint for injunction Is just being
nut In force." said the judge. "For held in abeyance by Judge Galloway
Instance, one person or any one class pending the outcome of the gouoral city the Hotel Marlon dining room Thurs
of perMiiis of comimrativoly B'nall num- eloction. . I day afternoon at 1 o'chrk, as the din
her can loiiislato or onact taws in any Will An3Wr.
County Attorney liingo announced
this afternoon that the defendant in tho
county rase will filo an answer soma
day that in all cities above 6000 in pop.
illation, the, voters who are not regis
tered under the old law in 1912, can
only vote by using blank A, and this
on 'election day before the election
judges. The votor, after the registra
tion books have closed, which it the
ose now, cannot make the necessary af
fidavit before a notary publio or othor
officer, but must make it baforo the
4700 registered under the old law, and
this will leave about 2000 to swear in
their vote Monday. It will be practi
cally impossible for the judges to han
dle all these, and many will be depriv
ed of the privilege of voting. For this
reason it Is advisable to be on hand th
moment the polls open and have your
witnesses .ready if you would be cer
tain f getting your ballot.
(jotting at its actual valuation. How
ever, whon the commission's englueors
chock up Mr. Hagenah't figures thoro
should be no long delay in getting at
the solid fact of the case, and finding
out why Salem people's winter bill is
turgor than their bread bill, and also
finding out if there is not something
tho matter with the water bill.
The Capital Journal Newsies
Have a Lively Thanksgiving
It was a jolly lot of youngsters that
put their foot under the long table in
ner guests of The Capital Journal.
Shortly before the dinenr hour a big
soven passongnr automobile standing in
front of The Capital Journal office at
tracted the attention of tho restless
kids, and some ono suggested capturing
it and having "a parade." To u-
muulciVality in the state which would
prove contrary to the laws of the state.
The point mado by counsel for the
plaintiff to the effort that In the event time thU afternoon. Just what will be
tho entire state was to vote wet under Included In the reply the county attor
the local option lnw, tho municipal cor- ney was unable to sny lato today, but
porntion could, if not restrained, enact ho declares tnai no aim ins .- u to BC(,onl,llKh wit, nnWslioys.
a law In Its charter declaring any city will carry tho case on. aml ,n t,me )hftn )t UlUt (o write
or town drv. Is very good. Counsel for the plaintiff was non- . . .,.rd. Thore must have
"I will not undertake to pass upon committal following tho court's decis- . n iom, port ,dlne pecker handy,
this Injunction suit until after tho peo- Ion. . tnl on machine 45 kids packed
pie of Palem have hold their election It Is believed, however, that In the tj0m,vf ( lomPhow, and no doubt some
next Monday. I do not bolieve that I ovent the amendment to the city char- j5 nore M. hlm, wonl, havo alg0 Rnt
-can restrain the people from holding the ter to bo voted on next Monday carries, Qn (t haJ not Jo0 Underwood showed
a supplementary complaint will te men np wllB nll Uxj nil RllvB tnB overflow
in tho circuit court early Tuesday morn-' , rhance. Fifteen of them got
In, on, or around that taxi, and the two
election by a temporary order and will
hold that the demurrer Med by the de-
! machines carried the boys, those nnder-
fendantt shall be sustained and that lug for the purposo of blocking tlio doc
the romnlalnt will be continued until laration of tho eloction by tho city.
somo lime after Pecemher 1, or at any; The naiiois lor mo oieciion juuuub; ni,tln Mng ft)r thn timff nt, around
time thereafter suitable to both parties are all printed and everything Is in trM) of four ,(,Pii finally dumping
interested.'1 j readiness to hold tho vote on the char- hem at the Marion. There, undor the
Local Option Case. tor amendments. j direction of Mr. Mclnturf f, the clrcu-
Judge Calloway, In overruling the ' . tn manager, who acted as major
.I..,.,.... In h. c. nf Htellman acalnst TIME OF AID MEETINO CHANOED , . tnB,t nitef. boss herder or
the county court, continues the order
for Injunction efked for in the com
t.lint. It remains now for the defend-
I,
I
whatever the position might he culled
The ladies Aid Society of the First they were gotten Into line and marched
Presbyterian church will meet at tho into the dining room, where a table
ant to Bnswer not later thatt December nonle f Jlr,, U K. Page, 402 Xorth reaching the full length nf the room
a nr-tudTi Onllowav will sign the order Cottaiio street, at 8 p. in. today. The gave them all a chance for the work
.i;l, win iw,riiinenllv restrain Coun- Gentlemen are cordially Invited. Hob-; outlined for them.
W Julian nushoY from declaring the lo- testes: Mrs. U K. 1 agn,
From that, time nu-
Mrs, ' Ir. til the final curtain there was some-
al option eloction held on No-ember 4. ItlM,rtson, Mrs. II. H. Corey, Mrs. J. ( thing doing every minute, and the oth
Tl, eeurt rendered IU decision on A. Poiiler. Mrs. Tbirdsall, Mrs. P. W. or guests of th hotel, as well as the
about the me identical points Intro- Hodge, Mrs. H. F.akln, Mrs. Jame. Mi- ( boys, had the tlmit of their lives. When
dured by Attorneys McNary end Car Oregor and Miss Pag. ( the second helpng of turkey was put
where it would do tho most good, tho
boss border called Tucker, "King of
the Newsboys,'' to tell "how to soli
newspapers," which he did well. Young,
of Route 13, told of a number of things
he would rather do than "deliver pa
pers when it rains," otie of which'wsi
"to eat turkoy and pumpkin pio."
Blue, of lioute 14, told how ninny
papers he would sell in West .Snlom,
when Its streets were all paved, and
snid ho would have a gang of boys
helping him, and would soil 2000 Capi
tal Journal every evening." lie would
have snid more but some unrognnoratnd
little son of llolint butted in with:
"Gee, that feller has had something
besides turkey." That ended the
speech. Jllied, of Houto 3, told whnt
he learned on his route that they did
not tench nt the university, and it
proved to be what the Arkansas woman
described as being "a pretty much nf
a good deal of mint anything, " Mc
Inturff, of llonto 12, told how he felt
when he had to work that morning, anil
he thought ho was going to miss the
dinner. Ife got on his feet, looked sol
emnly upand down the long rows of fel
low sinners, and then Inlide a speech
that we commend to some of tho old
after dinner talhers, for he said all he
had to sny In just one word: "Hun
gry," and sat down.
King, of Route 2, responded to a re-
duest to snr what be would tell his
grandchildren about this Thanksgiving
dinner, and was doing so ably and
gracefully, when one of the irrespon
sible broke In with: "Tell It to your
kids end tell 'cm to pas it on."
Illodgett, of Route 4, told of the rea
Bon why he would rather deliver pnpers
to soma persons thnn others, and was
drawing a touching picture of a woman
rushing to the gate and calling hi in
In order to pay him, but his dream was
shattered by a shout nf "I guess nit,"
and another, "finch hi in and wuke hi in
up."
- lluiinell, of Route 4, told why he did
not like to collect, and his reasons were
satisfactory. During the feed Cady, of
Route IS, got out his violin and played
"Homo, Sweet Home," and In rnsponso
te "(live us a rng," played "Marching
Through Georgia," to which the tin
lawnbliling mob kept time with feet and
hands. Just before the close Mr, Tuber
came In, and this was the occasion for
s demonstration, Ono nf tho kids yelled,
"Here comes thn big boss," and, led by
their yell lender, King, they gave hi in
"nine times and ft tiger." Mr. Tuber
nmdn thn boys a nice littlo talk, full of
kindly advice and brimming with ap
preciation of their services, When ho
snid that "Tho Capital Journal con
sidered its newsboys nne of its most
valuable assets," hn gut a thunderous
encore, and just then "Nowsie" Ful
Inn walked up to him ami said: "Mr,
Tnber, the kids want you to know they
appreciate Hi way you treat them, and
have selected me to hand you this box
of cigars," The recipient was visibly
touched at this, and alter a few more
kindly words turned away. The boys
tare him another ovation as he left, and
shortly after this some one yelled
"Paper s' nut!" and there were no
more newsboys.
WILSON GOES TO GAME.
(DNOTD PftBHS UASBD Wl.
Washington, Nov. 28. President Wll
son, accompanied by his daughter, Miss
Eloanor Wilson; Dr. Gary Grayson and
Secretary Joseph P. Tumulty, started
for New York at 10:30 o'clock todny
to attond the football game thore to
morrow between the Army and Navy
elevens. Tho party will spend the night
at the home of Colonol F, M, House,
and probably will attond one of the
theatres. Tho president was schoduled
to return to Washington at midnight
Snturdoy.
Later Sayre and bis bride emorgod
from the White IIouso,' where their
presence had boon suspected, automo
blled to the union station, and accom
panied the president's party to New
York, They carried but two small
suit cases.
SLAYER CORNERED BY BIG
POSSE BATTLES AND
KILLS HIMSELF
DM1TSO MISS UASSO WIH.J
Cuba, 111., Nov. 28. Frank Mo-
Adams luto Inst night shot and
killed his wife at a dance in tho
f opera house here. The slayer
eluded othor dancers and today
barricaded himself in a building.
Shorlff Eoy, at the head of a
f posso of deputies and citizens,
battled for aeveml hours with
Mc Adams, one bullet tearing
away Constable Hagonnan ' low-
or tooth. At 10:30 o'clock Mc-
Adams committed suicide by
sending a bullot through his head.
OET3 TWO YEAR 8.
If the Mexican "congress" doesn't
oboy Huortn, he may havo to build an
addition to the penitentiary, or kill off wns sentenced today to servo two years
some, lu Folsom penitentiary.
dnitbd rasas UASBD wiss.l '
Sacramento, Cel., Nov, 8, Warren
K. Hillings, charged with transporting
dynamite on a street car in the state,
Plea for Doing
Away With Capital
Punishment Made
nut-run l ssss i.basso wns.)
New York, Nov. 2H. "It would he a
return to barbarism to hnng lioasln
Wakefield," said Mrs. James I.aldlaw,
society leader, philanthropist and crim
inologist, commenting todny on the
case of the woman under sentence of
death In Connecticut for tho murder of
her husband.
"Eliminating seutlinuiilnlism and
inuwluslincHs, " she continued, "it
would bo a detriment to the public to
havo Connecticut Insist on tho law of
an eye for an eye and a tooth for a
tooth.
" Furthermore, the return to harhar
ism would be just as atrocious If the
slato should hang Jamiw Plow, her al
leged acrompllco. I do not believe there
should be any difference between the
punishment motod out to Plow and to
Mrs. Wakefield.
"Itecause Possiv Wulinfield is a wo
man makes no difference. Women
should be men's cquul in all things un
der the law.
"I venture to nsert that a consensus
of the nation would bo found over
whelmingly in favor of abolishing cap
ital puiiishiiieut. It has not been abol
ished purely on account of Inertia.
'Tho Wakefield cuso should be inn do
the foundation fur a nation wide pro
test against cnpital punish mont- either
of men or women.
"It, Is too bad that more publicity
cannot bo given before each hail;lii or
electrocution. If thore were enough of
it people would renlUo the awfiiliics
of taking human life thus cold blooded-ly."