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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (April 28, 1914)
i i: i ! 1 i i , PA OB TWO ' THE DULY CAPITAL JOURNAL. SALEM, OREGON. ! S i V i 1 -f I -1 t n 1 - , i COUNT? CLERK WILL NOT EO- TATB NAMES OH BALLOTS AT COMINO ELECTION. Nnnies on the ballot Id the T3 pre cincts of Marion county will not be rotated at the coming election, acocrd Ing to Max Gehlhar, county cleric, not withstanding it is the opinion of At torney (Icncral A. M. Crawford that the names should be rotnted where there were five dr more persons seek ing the office. The county clerk takes issue with the attorney general in the construction of the statute and backs tip his action with piecedent. The main reason for the division not to rotate is the expense involved. Regarding this question Mr. Uehlhar had the fol lowing to say this morning: "There is no more reason," declared Clerk Ciehlhar, "for the rotation of the names on the ballots for certain of fices this year than there was on the ballot of 1912, as the law is identically the same as.it was at that time. The law provides that the names of candi date be rotated when there are five or mora for one office, anil if thore Are ten candidates for an office of which five may be elected the law has been construed to mean that there aro only two candidates for each indi vidual office and that rotation is not required. This construction was placed upon this law in 1913 in this county and also in Multnomah comity, and probably in every other county in the state. In 1912 there were thirteen can didates for the legislature and thero are thirteen candidates this year and there is no more rtason for rotating the names at present than there was in the past. "In order to rntato the names to nit the personal ideas of certain am- bitious candidates it will require 3U23 change of forms on the republican ballot alone, which will be an immense additional expense in printing the bal lots. Anyone familiar with the print ing business will realize that these changes of forms rniinnt be printed , for nothing. All the candidates in 1912 were entirely satisfied with the construction of the law, and it has cer tainly met with their approval and with the approval of tho people at large, as no attempt has been -made to change the law and make it more defi nite. There is no question but what the law is construed so as to suit the people and taxpayers, although it does not suit some of the politicians. "It is generally presumed that all the candidate on the 111 1 4 ballot are running on a platform of retrenchment in all public expenditure, but it seems there are some who are trying to sad dle on the people the expense of mak ing nearly -illOW additional changes of forma of ballot in order to suit their Iiersonal wishes and for their personal lenefit, without regard to tho interests of the people at largo. It is not diffi cult to tell what the attitude of these politicians In regard to retrenchment will be aftor they am (dreed. Where a considerable saving n be made.-in he construction of a law, 1 believe in construing it in the interests of the peoplo at large rather than in the in terests of selfish politicians." MARRIAGES. PIERCE-DRATH. James R. Pierco and Mrs. Mary Drath were married today int noon at the home of the officiating minister. Kev. P. 8. Knight. - Got busy and dust off your nclonce. con- Use in Drinking Water Guard your hatch against Fatal White uiarrnoea. rut in tne unnKing water Conkey'sl White Diarrhoea Remedy Chicks take it readily and doctor themselves. Preventive measure and treatment. Used in tunc it will Prevent Heavy Losses Better have a package on hand' ixj 50 aal. SI iCssby'ifssbrtttskfi D. A. WHITE & SONS, BS1 State Street FLETCHER ft BYRD, 340 North Commercial Stmt STANDISftflS Arrow COLLAR 2for" 25 Cluttt Pwhody fy Celtic Maksr CFt W9 Wf WW IfW W9 W9 W"' 1 n i j ! Writs This Down on Toot i Calendar ; CHAUTAUQUA J Six Big Days Jim: 29 July 4 1 nil 1 "V vva .-. i f.wm 4.. i V Money Back C &:;-.v if Not E3 A J5 OF. IS Judge. Kelly Says Note Given Money to Buy Poker Chips la Void. for LIQUOR CASE MAT BE DELAYED BY WITNESS Other Notea of th Marion County Circuit Court aud New Cases Filed. , That notea given for money with which to buy poker chips to be used in gambling caunot be collected through process of law, was one or tne suite Intents made by Judge Kelly this morn jing in giving tho charge to the jury (in the case of I. A. Madison against ij. H. Hhellcy, an action in tho circuit court for Marion county for the collec tion of 19S.3U on one note and $150 j on another. "The contracting of such debts is 'against public policy," declared tho judge, "and the law will leave them I in the same position as they were be fore. Tho question in this case is whether tho facts show the debt was contracted for gambling purposes or as la loan, as the plaintiff affirms." Af ! ter giving further legal instructions, the cause was submitted to the jury, which went out shortly after' 11 o 'clock. The iurv onrly this afternoon return ed a verdict in favor of the plaintiff in the sum of $1.'I3.50. Whether or not J. E. Johnston, of Bilverton, a detective and witness in the case of the State of Oregon against Lewis Johnson, indicted for selling liq uor in violation of the provisions of the local option law, Is able to come to Balom this afternoon depends .the commencement of the trial. The trial was set to follow the conclusion of the Madison-Hhcllcy gambling ' case; but District Attorney Ringo informed tho court that the star wituess who had secured tho evidence was ill and un able to apponr. Judge Kelly adjourned court until 1 o'clock in order to ascer tain whether Johnston would be able to apponr. If he is not well enough to come. to court, the rase will be con tinued until the next term of court. In his answer to the ouster com plaint of thu HlBte of Oregon in rela tion to D. A. McKee against P. A. Mvosley, an action to oust the de fendant from the mayoralty of Wood burn on the grounds that tho office is held Illegally, Livesley admits that on November 4 an election of innyor of Woodburn was held. Ho alleges, how ever, that on November 12, 1!13, he filed a petition In the Marion county I circuit court coirtfiino; tho election of j. it. ijnimon on tlie ground that lie wns not a citizen' und therefore not entitled to hold the office, flu states that on November 22 judgment was given by the court in which it wns de clared that Landou was usurping and Informing the duties of mayor with out warrant of biwj and also that tion taking tho oath Livesley wns entitled to perform tho duties. He declares the court rocords show that Landon was excluded from the offieo and that on iiovemlier 24 he, Livesley, qualified as mayor. A reply by the plaintiff wns filed denying each aud every allcgutioii of tho answer. A motion was also filed asking the court to fix an early dnte for tho trial. Judge William Calloway, who pre sides over- the equity department of the circuit court for Muriou county, will hold court here Wednesday, lie will hear tho divorce suit brought by Klla F. Puuxel against William Pmize'l at 9 o'clock. The circuit eourt room wns filled this morning with witnesses, iurvmen aud attorneys. Tho special venire drawn ror today wai on hand, together with the witnesses in the Silverton liquor case and also the Freeman-Ham-mond Lumber company ojase. According tn the vnnlit nt th in yester,by in the eaie of the 11. 8. Gilo company against 1hus JUachmund, au action for the recovery of money guar anteed by the defendant for goods fur- msneu oy tne plaintiff to Kobert Uli san, iAchmund will have to pay the 2f0 ho guaranteed. Becial pleadings ia ine rase were made bv the attorney for the defense. Judge -Kelly presided. Petition for the cutor of tha estate of Alois Kobl wa made yesterday to the Mnrion county rtnrt by the brother, of the deceased. me ejtaie consists or ml an. m. al property of the probable value of Aid HA.. 1 io,vw. jne neirs are tBree sons and one daughter and the widow, Mary Kobl ' 1 In the ease of the T. B. Porter Real ty company against F. N. Derby, an action on default in contract, Judge Kelly yesterday decule.l in fsvnr nt th., plaintiff. The amount involved is County Judge William Bushev ves terday admitted the estate of James Gordon, deceased, to probate, and a pointed James G. Gordon executor. The estate consists of real aud personal prowrtr of the' probable value of $10, 000. Tho heirs aro Byron Gordon, of Silverton; Lulu Bursel'l, of Philomath, and J. Gordon, of Silverton. Mrs .Freeman Douglas Hawley and 'laughter, Ksther, of Beer Island, are visiting at the home of Johu Grem mets at IMo Madison street. She will bo ia Salem until Thursday. Mrs. Haw toy is a danghter of Mr. and Mrs. John Gremmeli. o If a baby is homely the mother is willing to admit that it looks like her husband. ,, ., . Bard of Avon, Whose Birthday Is . -Being Celebrated, and His Home v- A IX OTer the world the three hundred and fiftieth anniversary of 8baUei f apenre's birth Is being fittingly celebrated. There baa long been fr dispute over the real date of bis birth, but April 23 Is generally con ceded to be the correct date for celebration. . It was planned to bold ceremonies at Stratford-on-Avon. Germany and America are not far behind In honoring his memory, especially In tbe public schools. The plcttira auows Shakespeare's best known portrait and his borne at Strntford-on-Avoo, ALLEGED SWINDLERS NOW IN CUSTODY SIMPLE SCHEME IS SAID TO HAVE NETTED PROMOTERS OVER $2,000,000. Ba4 Frnncisc.0, April. 28. With the arrest of John W. Logan here today tho federal authorities declare they havo the leader of a well organized - and long established gang of timberland swindlors, who have denned up not less than $2,000,000 in the last eight years. Warrants aho hve been issued for Attorney W. A. 8. Nicholson and Norman D. Cook and the police, declare they will be arrested this afternoon. Sidney Hperry, a wealthy rancher, wns taken into custody t Covina, Cal., yes terday. Ia nil 14 indictments wero re turned at a secret session, of a Portland grand jury recently. Tho scheme of the alleged swindling trust wns snid to be a novel jine. In Oregon the United States some time ngo conflsciated thousands of acres of timber lands previously "jumped" by wealthy corporations. Prospective pur chasers were told, the authorities al lege, that the land was tied up in liti gation between tho government and the "Oregon Railway." For the mod est sum of $2.50 the men are said to hare agreed to sell their clients one aero of immensely valuable, timber bind. They charged, however, a $2.50 filing fee. They were told, it was al The "Shopping Reminder" Will Make Your Shopping Easier Read the retail store advertisements in this paper TODAY they are full of money-saving opportunities. Make a list of what you yant on the "Re minder" below. When your list is complete, place it in your poeaetbook ead It will be ready when you start downtown. Do it NOW, or you may forget some of the bargains offered today by the prinoipsl stores. Capital Journal Shopping Reminder Check uff " as ARTICLES aaITLia STORE . Purchased Advtrtltad - j, i .i i 1 , i I ' 0 ' i- . a u . ........ ,r .1 1 ,1 lit'- iV'i '! i . i .as leged, that as Boon as they had the deed to the land the railroad company would be more than anxious to buy it back for double . the price they had paid. HOW'S THIS? We offer One Hundred Dollars Re ward for any case of Catarrh that can not be cured by Hall's Catarrh Cure. F. J. Cheney & Co., Toledo, O. We, the undersigned, havo known F. J. Cheney lor the last 15 years, and boliove him perfectly honorable in an business transactions and financially able to carry out any obligations made by his firm. National Bank of Commerce, Toledo, O.' Hall 's Cntarrh Cure is taken internally acting directly upon the blood and mu cous surfaces of the system. Testi monials sent free. ' Price 75 cents per bottle. Sold by . all Druggists. Take Hall's Family Pills for consti pation, . Mrs. Harry Ash ford, of 1387 North Sixth street is the latest to show what phenomenal eggs the Oregon biddies can la)'. This morning she brought to this office a hen pebble laid by a Rhode Island pullet just a year old that measured six inches by eight in circumference. Has anybody swatted and " flies lately t 1 ! wi jw A HAPPY CHILD IN . . JUSWEW HOURS When Cross, Constipated or if Feverish Give "Caltforaia Syrup of Figs" Then Don't Worry. Mothers can rest easy after giving "California Syrup of Figs," because in a few hours all the clogged-up waste sour bilo and fornenting food gently moves out of tho bowels, and you have a well, playful child again. Children simply will not take tho time from play to empty their bowels, and they become tightly packed, liver gets sluggish aud stomach disordered. When cross, foverish, restless, see if tongue is coated, then givo this deli cious "fruit laxative." Children love it, and it cannot cause injurv. No dif ference what nils your little one if'i.aa ..,i..:; iu. i i.. full of cold, or a sore thornt, dinrrhoca, stomaeh ache bad breath remember, a gontle "inside cleansing" should nl-vt ways bo the first treatment given. lull . directions for babies, children of -all ages and grown-ups aro printed on each bottle. Beware of counterfeit fig svrun. Ask your druggist for a 50-cent bottle of "California Syrup of Figs," then look carefully and see that it is made by the. "California Fig Syrup Company." We mako no smaller size. Hand back with contempt any other fig syrup. T (Coutinued from page one.) ever. Sccretftry Garrison was engaged in completing the" plan to use the state militia sr a regular rtiny adim-l. To have the program fully formulated was deemed desirable, even though the state troops should not bo called into the fiell. Tho administration was deeply con cerned over tho rebels' attitude. If a break should occur between Generals Carranza and Villa it was -thought ex tremely likely the former and his fol lowers would go entirely over to Iluerta, which might bo expected to make the dictator more stubborn in his negotiations with the United States. Secretary Bryan was thorough ly convinced that Villa's support was to be reHed on but he was not so cer tain tha the rebel general could con trol his men. War Is Not Popular. To one thing President Wilson had made up his mind he cannot popular ize the wr!r. Chairman William F. McCombs of the Democratic National committee has made a canvass of the party leaders and reported that oppo sition to .hostilities was general ex cept on the pert of a few jingoes. This reports effect has been to in fluence the administration to exhaust every other means before using phyei cal forco further. Every honorable means, it was stated, will bo resorted to to preserve peace. , . , If Mexico can develop astrotig ma-n, however, it was the generab opinion that something can be accomplished. It was agreed on . all hands . that neither Iluerta, Carranza nor Villa will doT since it would be impossible f .. 1 1 r . . : e I : ...... 4. MM nil IIIAIIIUIIO 111. iUCAIIttllfl IU Bl! IW 11 i - ..1.1 on any one of them. The mediators j fmW nt therefore Were looking over the lesser I Multnomah; action for brokers com factional chieftains, hoping to "! I Tri?? et al.. annellants vs. one likely to answer their purposes. I ci Tortan;,. appealed from Mult- i It was learned on high government !nomah invo,vin 'rc.awessincnts for! authority that the administration has i jm pr0Vcment8 on Seventeenth street, I no disposition to drive haul bargain I affirnle,i ) but it was said the president would! ..u' p. Wnndl.-vs. Geome T. Set-! .livJist upon two things Huerta's elimination and guarantee of the re establishment of constitutional gov ernment in Mexico. Huexta Wants To Get Oat. Tho mediators wero of the op'mion that Tluerta realizes his position is impossiuie, una win oe gma ui u: chance to pet out of it with somci measure of dignitv and, it was as sumed, with his pockets well lined with money. Should ho refuse, how-! ever, it was the general belief that k ,ft., ,1,,. o. tho better class ox Mexicans would force him out. It wdii Mtid Washington administra tron probably would not press demands for indemnity for the death of the liluejackets and marines who fell at Vera Cruz. ' (Continued from page one.) Croz. The Mexican party numbered about 300. The eity was so peaceful that Ad miral Fletcher rescinded his irder forbidding Mexicans from appearing on the streets at night. Americans Are Safe. Washington, 'April 28. Tho Brazil ian minister at Mexico City notified Secretary Bryan today that not a single American had been slain there, none was endangered, and only one arrested in tho last threo days. He also said only one American arrest had occurred at Aguas Calientes, and that that "was ander judicial . proceedings and had no connection with an. out break. '"1 have full assurances," added the . 1 1 . v. -. -ii : 1 1 l. BtmiMeij UJB. ii viriK'n? nm iw i allowed to leave the capital whenever they please." Cleveland Speeds South. San Diego, Cal., April 28. After one of the forest coalings ever mado by a United States war craft, the cruiser Cleveland is today speeding sout from San Diego, where for six hours she took on fuel last night. Althongh the officers had nothing to say about it, the opinion prevailed aboard tost the real destination of the Cleveland wasj Salinas Cruz, at the Pacific end of the' Tehuantepec railroad, asd not.Mazat-, lan. as previously reported. I The Cleveland is of light draught and for that reason her crew expects her to get into actios early if any movement is made to take t Pucific coast Mexican port. The men ire hav ing aluio constant drills. The ejlevelaud carried a hea s- load4 of supplies and extra ammunition, so1 much of th tatter being taken aboard j that some of it had to bo stored iu the officers' quarters. , ' GRANTS PASS EMPOWERED B7 DECISION OF SUPREME COURT TO SELL BONDS. Nine opinions were Sanded down byi the supreme court this morning. That in the case of Churchill against the City of (irants i'ass was of the great est public importance, settling as it does the right of cities to vote bonds tor railroads, and to do other business outride of the city limits. A synopsis of the opinion which was writteu by Chief Justice McBrido follows. Hold that the r t of 11I13, author ising cities and towns to construct railroads beyond the city limits, is constitutional. Also, that the amend- kn ,-k.i i j w , aW)'. Ai9o; tht ,.0BttJt withl y Reddv wherehv he i. urantedl , 0)tioll to icaae or 1lir(.hasc tho road1 under certain conditions is not a viola-! tion of section It, wtielo XI, of tho I state constitution, which forbids any! Titii nici jn.1 corporations to become u' stockholder or loan his credit to or in aid of any private corporatiou, joint stock company, or association. Tho city was upheld upon every point nused by the complaint. Justice Kiun sey dissented. Another esse of public importance was that of Eluiira Simpson against Kdwin O'llnra and others constituting the Industrial Welfare Commission, in which the opinion was also written by Chief Justice McBrido and the .low er court sustained. The: suit was brought to have judicial determined tbe question whether an act passed by the legislature February 17, 1 It 1 It, and commonly known as tho Minimum Wage law, is inimical to the Fourteenth amendment to tho constitution of the United intates, or to section 20 of article I of the state constitution. The suit is practically the same as that of Stettler against O'llara aud others, but tho plaintiff sets up that the points raised in thU. issuo were not passed upon by the court iu that . case. The amendment referred to reads: "No stato shall make or enact any j uw which BiiHii wi'riwge ijiu and immunities of citizens of the United States." In tho case men tioned it was hold that the state had tho power to prevent the employment of women and children for unreason ably long hours or for unreasonably sm;ill wages. Justice McBrido said: "Self government lies at the very foundation of freedom and the private and local affairs of a community are sacred from interference of the cen tral power unless oppressive and un reasonable, and 'that is not the case here." The other cases were as follows: Kdward Spath vs. M..A. Sales, et al., appellants; appealed from Multnomah; suit to quiet titlo to iland, affirmed. Lincoln Bluike vs. Nationnl Hospital Association, appellant; appealed", irom Multnomah; action- to recover dam ages for breach ofcontract, affirmed. tieorgo ti. Heed,' appellant, vs. rai- em Union Telognvph Company; op-; pealed from Klumathi action to re-j cover "damages for personal injuries,! reversed. J. S. Gile vs. Columbia Contract tlcmyer, appellant; appealed from MultnomnV, an action upon an under taking for an appeal, reversed. F. W. Sceck, et al., appellants vs. A. Jakel, et al.; appealed from Lin'n; action to recover possession or. rcai property, reversed. Many Are Killed. Brownsville, Texas, April 28. Gen eral Gonzales, tho rebel general in . 1 A X I na.1T ld nil rv .V. 1 Ktl Ti V- 1 " a' X iZ TL vls hero t0(lay as Placnff the rebel lots at the towns captured at 100 kill od and 200 wounded and as estimating tho federals' total casualties at 400. The Secret of Beauty A MASTERPIECE IN COLOR by.O. Allen Gilbert, the well known artist will be glad to send to all users of Oourand's Oriental Cream a copy of Mr. Gilbert's beautiful painting, ear titled "The Secret of Beauty," in panel form, 11x22 inches. It is a splen did reproduction, on highly coated pa per, of one of 'the girl's figures Mr. Gilbert is noted for, and is not marred by say printed .natter which would prevent framing. Send 10c in stamps to cover wrapping and postage. Wo are confident yon will bo highly pleased with the picture and calendar and find it a valued addition to your library or den. FEED T. HOPKINS It BON. Props. 37 Great Jones Street. New York. We Teach REAL1 ESTATE FREE ' by mail. ' Under our system of course, instruction jyou will become pro- i ficient real estate dealer, procure ready' buyers close deals quickly and execute' instruments without legal aid all from your home. We assist you to a profitable realty business by co-oper- ating with you on -your sales and derive our returns from 3 per cent ofi your first year's commissions. In ad-! dition to our free course instruction! Ve furnish you with a complete othee outfit; of literature, books, forms, stationery, etc., at the aetnil cost prico of tl.30 (express prepaid). Start' your business and instruction at once. ow is the season for buyers. Over three million acres sold in four years. Address Department D. T. 6 REALTY EXTENSION Si HOOU 4U7 North Hermitage Ave, Chicago. g7 TrW BEST automobile STANDARD OlLjCbmpaiy can Tnafte : the' product ofmore'tlian 40 YEAR5 -r -jusr