Page 1 article text (OCR)
Vol. XX. BAKERSFIELD, CALIFORNIA, SATURDAY, OCTOBER 24. 11)08, FRESNO JUDGE ORDERS THE SALOON QUESTION OFF BALLOT Kern Saved Heavy Expense A final and determining decis- 1 ion by Judge Church of Fresno on the legality of permitting the saloon question to go on the hnllot -vvas rendered yesterday afternoon. It follows the line of the intimation given by Judge Church in passing upon a demurrer on the same question; and the decision fully sustains the position of District Attorney Laird and Supervisor Jastro. The Fresno county clerk already has his ballots printed and his election DftiMplien.alia ready !'or •distribution, tuid the ballots, wiln the referendum question on them, are now worthless and must be destroyed. The county will be plac- .ed at a heavy expense to prepare janew for the election. But for the level headed opinion •of Mr. Laird and the firm stand •ol' Supervisor Jastro, the same chaotic condition as now obtains 5n Fr.esuo would have resulted here. Judge Church points out that the appellate court decision of which so mufh has been made, affirms rattier than contradicts his findings, .«iwl in general, his opinion follows the exact line of reasoning advanced by District Attorney Laird. Here is the decision in t\\l\. as reported and commented i»i by the Fresno Republican: Let the writ issue as prayed for! As forecasted, Judge Church of the superior court rendered his anxiously awaited decision yesterday afternoon making permanent the mandate order asked by A. Mattel forbidding County •Clerk Miles from placing the saloon referendum on the county ballots for the election next month. The judge also submitted a written opinion with the decision. The opinion Is brief and does not enter upon the main issue of the referendum, though intimating that It the people In collective capacity wishes to participate directly in legislation it has only to make adequate provision therefor, leaving It to inference that adequate provision has not been made. Judge Church based his decision on the authority of the San Jose case cited for the petitioner LOCOMOBILE WON RACE by Attorneys Snow & Freeman. The opinion of the court follows: This is an application for a writ of mandate, requiring the defendant, as county clerk, of Fresno county, to prepare the sample ballots to be mailed to the voters of said county, outside of certain municipal corporations, for the election to be held on the 3rd day of November, 1908, by omitting from said ballots the words, "For granting liquor licenses," and the words "Yes" and "No." placed thereafter, and requiring the said clerk to prepare the said sample ballots In accordance with law. I am of the opinion that the decision rendered May 7th, 1908, by the appellate court of the First district In the case of Oallndo vs. Walter must be held absolutely determinative of the matter involved in this petition. The precise question here presented was therein squarely passed on. If this be true, then this court has no option, but must, of necessity, follow the rule therein proscribed. In that case, as here, the petitioner, Gallndo, sought by mandate to compel the clerk to omit from the sample ballots the words "Shall the sale oi iutoxicanting liquor as a beverage be allowed in the city of San Jose?" Tho common Council of that city had duly passed an ordinance by the terms of which the city clerk, was directed to put these words on the ballot. The charter of San .lose contained no ref- charter of San Jose con,talnpd np referendum provision, legislative pow er was vested solely In the common council, and atfch' power cannot be delegated. However, it was held that the ordinance of the, city did not attempt to do so. And It was further admitted by both the petitioner and the respondent that the sole purpose sought was to ascertain whether it was the desire of the electors of the city that MOTOR PARK WAY. Oct. 24.—Geo. Robertson, with a hundred and twenty horsepower Locomobile, an American made machine, won the Fourth Van- derbllt cup race on the new motor park way, Long Island, today. At the sain? time he creace.l u new American record In long distance automobile contents. Herbert Little, driving an Italian I/.o'tta, u fifty horpe power car, was second, less than two minutes behind the winner. These are the only ones who officially finished the race. A great crowd of not less than 250,000 people crowded the track after the first two cars dashed across. Robertson's time was 2:40:48 1-5, breaking all American records. WENT TO JAIL OVER A BALLOT DISPUTE. DENVER, Oct. 24.—Secretary of State Timothy O'Connor was found guilty of contempt of court by Judge George Allen today and ordered confined to jail until such time as he shall obey the court order regarding the official ballots for the November election. The sentence followed the refusal of O'Connors to place the an- L Gartman Dead in Bed L. Ran man, the piano tuner, who has been In and around Bakersfleld for the past ten years, was found dead in his bed at the Russ House this morning. The old man evidently passed away during the night while suffering from a severe attack of asthma, with which he has been afflicted for some time past. He made his business headquarters at Baer's drug store, and as usual remained around the establishment last even- Ing. It was seen that he was suffering greatly and did much coughing. He went to his room at the Ruis House later. Lodgers heard htm coughing throughout the night. This morning, when he had not arisen several hours after his regular time, Tom Mortenson, son of the proprietor, looked over the transom and saw him lying on his bed. Young Mortenson at once saw that Gartman was dead. The old man bad his clothes on, but from the condition of the bed it is presumed that he retired as usual, but, suffering during the night, arose and dressed to \jralk around. A severe atack evidently overcame him, for his body was lying on one side and drawn up into a cramped position. The remains were removed to the undertaking parlors of DIxon & Sons and Coroner McQinn notified. Gartman was about 60 years of -age and a native of Switzerland. He had been in America thirty years Mid so BRYAN TO WIN SAYS BELL Theodore Bell, who has just return-1 I to the coast after addressing many g meetings throughout Montana, Wisconsin, Illinois, Indiana. Ohio Maryland, Delaware, New Jersey, New York and Connecticut, givos the fol lowing interview to the Sacramento Bee: Bryan will be elected. The flght is likely to be a close one, although there are many Indications of u landslide to the Democratic ticket. Barring a landslide, the Kiuwtion Is aa follows: Bryun will receive 166 electoral votes from the South, Includ ing Maryland and Missouri. To these will be added the following states: Ne vada, 3; Montana, 3; Colorado, 5; Nebraska, 8; Indiana, IB; and Ohio, 2:1— making a total of 223, or 19 short of election. In New York the fight Is close, bill favoring Bryan. With the 39 votes of New York Bryan will have a total of 262 votes giving a majority of 20 in the electora far as known has no relatives to this college. country. He often spoke of his wife] should New York go to Taft, there and three children, all of whom are tl-Guggenhelm and Business tickets on the official ballots. Men's dead. He Is said to have frtenArmear Sjan Jose. • " ••'•-*' • Chairman the the common council should prohibit sale of Intoxicating liquor*. The court decides squarely that tho le^is- Intive body of that municipality had not "power to adopt tills method for ascertaining the electors' wishes." mid ordered [he writ to issue as prayed for. In the case under consideration, the board of supervisors of Fresno county has attempted by resolution to provide for ascertaining the wishes of the electors of the county outside certain municipal corporations, by authorizing and directing the county clerk to put upon the ballots to be used at the general election next month the words: "For quor licenses—Yes. No." granting II- If without (Continued on page S.) Is rautf- throwing to be the order of the day in the local campaign"? ChatFrnait Kobb of the Republican central committee, in a speech in the oil fleldaeiljtttiNtfjjgtt, is quoted by his party paper as saying: ade an eloquent plea for Arthur -S. Crltes He %nounced Commodore Jastro as «rtBg.*l8 su- legislate for the benefit of the Kera County Land Company. "Wfcejever the roafls-bosder the L*nd Company's holdings," said Mr. Robb, "the roads are In good shape. But just, go over the rest of the district. The roads are often dangerous to travel." The California!! Is anxious to give this statement wide publicity. Tho people who travel the roads of Kern County know whether it Is true or not. This paper does not have to defend Mr. Jastro from such an accusation. It gives the matter publicity because It was used by the chairman of the Republican machine and because it is quoted approvingly by the machine paper. Mr. Robb further said he was proud to be one of those who petitioned the Board of Supervisors to place the saloon question on the ballot. But inasmuch as the position of the board, that the submission of the question would bo. illegal, has been sustained by Judge Church, the point falls flat. Fresno Is to spend a thousand or two dollars for new ballots because of that decision. This amount Is saved Kern County because It has a level headed chairman of the Board of Supervisors, and a district attorney who knows the law. __ 'OR SCHAFER" RACES IN TULARE TOMORROW. A match race, which wll be of much Our Show of New Fall Clothes! Interest to local race followers, occurs in Tulare tomorrow. Wm. Glass will pit his horse, Dr. Schafer, against a Porterville runner, Guthrie, In a three- eighths race. It Is said the owners have posted a bet of $250 each. CARPENfffFALLS TWENTY FEET Robert. Heaton, a carpentdr working i at tearing down the balcony and stairs at the rear of the Weill building, was Injured this mornlni? bj&tluv falling cji" the brace, on which hf'was seated while working. He fell at»ut twenty foot, landing in a sitting position. The extent of his injuries have not yet been determined. He. Is suffering severely. Dr. C. A. Rogers was called Immediately and the Injured mini removed to the home of a friend on K street. The doctor fears that. Honton's spine has been Injured. IH still a splendid fighting chance for Bryan, for he has an even break In West Virginia, Delaware and Kansas, their collective vote being twenty, or one more than enough to win. Then there are California ami Oregon, which ought to be on the right side qf the line for us, In Illinois, lown. nM Wlfr cousiu there is a tttrong tide to Bryan, and It will not be surprising if those states are tlieo found In the Democratic column. Bryan's great strength IK due to u number of general causes that urn affecting the vote everywhere, and in conjunction with these there are a number of local causes contributing to his election, especially In the states of New York, Ohio and Indiana. The general factors for Bryan can be briefly stated: Too Close to Trusts 1. There Is a general feeling that THE REPUBLICAN PARTY IS TOO CLOSELY ALLIED TO THE TRUSTS AND MONOPOLIES, and too much controlled by corporate Influences to fairly and Justly represent the wishes of the people.. The Republican party has become the party of special privilege and governmental favoritism. The favor-seeking corporations have been able to defeat all remedial legls- atlon In both branches of Congress h rough the direct assistance of the Icpubllcan leaders in both houses. 2. Tariff reform is demanded ev» erywhere, and the people realize hat no Just revision can be obtained it the hands of the party -that is dom- nated by the great protected Industries, who have used the high tariff 'or the robbery of millions of consumers. Tariff reduction by the Demo- ratic party Is preferred because that party stands pledged to a tariff reform that will In fact be a reform, and not mere juggling of tariff schedules without eliminating their abuses and Inequalities. The old cry of free trade has been worked overtime, and no longer frightens anybody. Close to a billion dollars a year (» required to run the government, and every thinking person knows that until we obtain an income tax this Ynst amount must be wholly raised through the custom houses. A tariff for revenue only will afford a protection as gr«at as anybody needs or ought to have. The fact that farming implements and machinery of all kinds and virtually all the products of Iron, steel and tin are sold from 20 to 40 per cent cheaper In foreign countries In competition with the world, than they are sold here In America, where they pro made, haa aroused auv people to the t»J»»tjw V f A Weill Will Enlarge Store A. Weill la about to begin the work CROWD AT FOOTBALL GAME Have you seen it ? If not, a treat awaits you, for we have a gathering of L. Adler, Bros. & Go's Rochester-made ready-to- wear suits that are a perfect revelation of style and quality. No matter how critical a man may be; he cannot withhold his approval from the fall models} of liSf-lST'^S- this great establishment, for in them are embodied the latest dreams of tashion as interpreted by a design-i who ranks first in his profession. We invite you to call just to look at the new things. of enlarging his building to cover department the entire store spaco \A good slsed crowd is In attendance ofl the football game being played at Recreation Park this afternoon between the High School eleven and A hot conj last Is ensuing, as both aggregations are made up of good players. Much interest centers In the contest as It is the first chance Coach Griffith has had to test his players. The High School lads are putting up a good, ..„.-. , game and promise to well take care of tb '» Turf - Apparently the of Rakorsfleld's honor on the gridiron j was headed for the shop. thin Huason. from the roar of the present building back to the alley. James Arp haa been employed to supervise the work, which will be begun next week. Tho addition to the Weill block will he 108 feet wide and from 22 to 25 feet In length, and the entire lower part of the structure, including a commodious basement, will be used by Mr. Wiell for his department store, The business of this house has Increased so rapidly of late as to make additional room Imperative, and hence the extension. The work of excavating for the big basement will begin at once and the addition will be hurried to completion as fast as possible. « _ ____ ___ __ *t t I* I — -- - _ T RUNAWAY BUTCHER WAGON DAMAGES YANCEY'8 BUGGY. Willie standing tied In front of the Palace barber ghop this afternoon, the buggy of Joe Yancey was run Into and broken by a butcher wagon of the City Market, which was running down Nineteenth street without a driver. A broken Iron brace was the damage done to Yancey's buggy. The butcher wagon was stopped In front Ttiey see that it constitutes a private tax on every home and farm, and they do not propose that the correction of this abuse shall be placed In the hands of those who have directly profited by It. The mining Industry as well as agricultural pursuits is likewise subjected to a heavy burden made possible by the tariff that it ought not to bear. THE TIME HAS ARRIVED TO PUT SOMETHING ELSE BESIDES ACORNS, ARSENIC, BONES. THE BALM OF GILEAD, DANDELION ROOTS AND ICE UPON THE FREE LIST. The Labor Question. i!. The treatment accorded to Labor in Congress and at the Chicago convention is giving Bryan 80 per cent of the labor vote. ORGANIZED LABOR HAS ASKED FOR SIMPLE JUSTICE ONLY AT THE HANDS OF THE REPUBLICAN PARTY, BUT ITS PETITIONS HAVE" BEEN INSULTINGLY SPURNED. It has not asked for protection against unlawful acts on the part of Its members, acting Individually or collectively, but only for a modification of the practice of the federal courts that will permit organized labor to carry out Its true alfs and purposes without being haled Into court and fined or Imprisoned without even the right of a trial by Jury, when only the natural rights of peaceable assembly, freedom of speech and of the press, the right of contract, the right to quit work, or the right to patronize whomsoever they wish, are Involved. (Continued on Page 3.) horse THE TOGGERY IOWIU4 SECURED MONEY ON A WORTHLESS CHECK. A man named Whitney was arrested this afternoon at the instance of J. LAND ENTRIES ON LAND IN KERN COUNTY. Osborne Cantleberry of Delano hast made desert land entry for tho north east quarter of section 22, 27-23, Theodore S. Higtoy of Delano has K. Harnow_ o f Kern, and Charged with | ma de desert land entry for the southeast quarter of section 22, 27-23. John G. Sorgan of Delano has made additional homestead entry fof*, th« northeast quarter of southwest quarter and northwest quarter of south- forgery. Last evening Whitney presented a check to Sarnow, who" advanced him a small sum of money on It. This morning Sarnow learned that tho check was worthless and Whitney was located and placed under arest. The check U for $11.25 and the signature of a man named Mosher Is east quarter of section 2, 25-27. — , - ».» — B. J. Bougt, the Fresno oil man in tow» today. Leather The Latest Conceits in this Serviceable Material. Tou would hardly believe that such beautiful things could be made of leather as we ara now showing. i^UB The following goods can be found hero In variety. No better gift could be thought of than something from this line, Ladies' Handbags In Alligator, Seal, etc., etc., Pocket Books, Purses, Cigar Cases, Card Ca«e«, Bill and Letter Books, Wrist Bags. Prices arc most reasonable on everything. Come in aa<l let us show you the goods. See our Window. THE KODAK STORE. J. A. HUGHES The Leading Prescription DrunMk Phanet Mihi 64 Md 74.