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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Oct. 10, 1906)
sr THE .MORNING OK2GONIAN, WEDNESDAY, OCTOBER 10, 1906. lo SAYS MAYOR HOLDS OFFICE ILLEGALLY Attorney Logan Questions Res idence of Dr. Harry Lane Before Election. STAYED AWAY TWO YEARS XI Contention That Law Has Been Violated Is Correct, Mayor May Be Ousted at Complaint of Any Citizen. If the contentions of Attorney John F. Logan are anywhere near correct, and the State Supreme Court takes the same view of the situation. Harry Lane is in illegal possession of the Mayor's office, and can be ousted at any time tome dis gruntled taxpayer takes the notion into his head that the municipality needs a change in its administrative affairs. According to Logan's theory. Dr. Lane is a usurper, for the reason that he was not a resident of this city for two years preceding the election that carried him into the office, as provided by the city charter. It is alleged that in 1902 Mr. Lane ran against Henry E Ginn for ' State Senator, and within a few months after his defeat left for Alaska and was gone two years. It is claimed that dur ing his absence in the Far North he made many mining locations wherein he alleged he was a citizen of Alaska, and in any event that he was gone from here fully two years, returning in time to run for office in June. 1905. Section 29 of the charter, under which all officers of the city government are elected, provides as follows: Xo rern U eligible to any office of the city, except as otherwise here provided, who at rhe time of his election or appointment 1 not citizen of the United States and a resident voter of the City of Portland and entitled to the privileges of an elector, ac cording to the constitution and laws of the Etate o? Oregon, and who has not resided in the City of Portland for three years next preceding his election or appointment, or who hat not resided for three years next preceding Ms election or appointment within the terri tory embraced within the city at the time of euch election. Logan declares that the word reside, as used in the charter provision, applies etrictly to the physical presence of a person in the place, and that the obvious intent of section 29 is to prevent carpet baggers from holding any local political position. The question of the legality of Mr. Lane's title to the office of Mayor arose in connection, with the mandamus pro ceedings of James McDonald, bailiff of the Municipal Court, who brought suit to compel the chief executive to sign his ealary warrant for $75. It is contended that the recent sweeping decision of Judge Gantenbein- declaring that the Council hae power to create offices and appoint incumbents, was the outcome of the suit brought by McDonald to compel the Mayor to sign his $75 monthly salary war rant. Mayor Lane had objected to so do ing, for the alleged reason that he con sidered the action of the Council was an infringement upon his appointive rights. If the Supreme Court affirms the de cision of Judge Gantenbein. it will result practically in clothing the Council with full power to assail the fundamental prin ciples of the Municipal Civil 9ervice, de clares Logan, and enable it, under section S06 of the charter, to abolish all civil service positions and install persons of its own selection, after creating new offices covering the same official duties. For ex ample, he holds that the office of bailiff of the Municipal Court was created by the' Council, which body also named McDon ald as its Incumbent. What is to prevent it from abolishing the police department entirely, asks Logan, and creating such offices as "inspectors, "city constables," "municipal marshals;" or anything else that would fill the bill, and putting its own appointees in the places? Section 155 of the charter says that "the Mayor shall appoint all officers of the city whose election or appointment is not otherwise expressly provided for in this charter, or by law." and Logan maintains that the concluding words have especial reference to the powers of the Council to fill various offices of its own creation with men of its own selection. His ideas upon the subject have created a profound sensation around the Court house and City Hall, and it remains to be seen just how far the Council may go in revolutionizing municipal appointments should Judge Gantenbein's ruling be up held by the higher court. XOXSOT GRANTED BY JUDGE Chief Gritzmacher Wins Damage Suit. Brought by Peter Johnson. Judge Cleland yesterday afternoon granted defendant's motion for a non suit in the case of Peter Johnson, alias John Peterson, who sued Acting Chief of Police Gritzmacher and his bonds men, the United States Guarantee & Trust Company, for $10,000 damages, al leged to have been sustained by plaintiff on account of his arrest and confinement in the city jail under suspicion of being the person who committed the criminal assault upon 6-year-old Mabel Lavery. Judge Cleland decided that every police officer occupies a dual position and that for the purpose of arrests and preserving the peace, ha was independent of all other officers and subject to individual liability; but for the purpose of military discipline in the orderly conduct of the police force, he was subject to the orders and under the control of the Chief of Police. The court held further that a uerson could be arrested on suspicion of the commission of a felony and held without a warrant for a reasonable length of time. In the present case he ruled that the prisoner had been fairly treated, and dismissed the damage suit The defense was prepared to show that the plaintiff had not suffered to any great extent by the operation of confinement for a short time in the city prison. His record was ready to be produced, if nec essary, indicating that since June, 1903. he has been convicted 14 times under the name o? Peter Johnson, and the same number of times as John Peterson, for various misdemeanors in the local police court. Since March S, of this year, it is claimed, he has been arrested eight times as Peter Johnson and five times as John Peterson for various petty offenses, drunkenness being the usual charge, and that he has been fined in different amounts besides being frequently impris oned. John F. Logan and R. G. Morrow ap peared as counsel for Chief Gritzmacher and the trust company, while Harry Yankwich represented the plaintiff. CASE BROUGHT BEFORE JURY Opposing Counsel in Sullivan Suit Differ A'ery Widely. The case of R. F. Hosking. adminis trator of the estate of Jerome J. Sulli van against the Portland Consolidated Railway Company, is on trial before Judge Gantenbein and the following A MILD A. A. G. and Harry BY ARTHUR A. GREENE. TOM BROWSE, not the Hughes hero, much less a hero at all, according to his own somewhat phlegmatic English way of thinking, was a guest at the Oregon yesterday. This particular Tom Browne is a lion nevertheless, perhaps the best-known and most widely dis cussed of London' cartoonists. Murphy and I caught him at the very last quarter of an hour he had at his dis posal before train time; but in those few minutes he took time to make an atro cious likeness of The Oregonian's almost handsome artist and to talk as much as one could expect of -a typical Briton. Mr. Browne is an agreeable gentleman, a fine-looking, athletic chap with clean, clear blue eyes and blonde hair. He may be 35, but I should say no older. Companionable enough, but not a good interviewee. I found him a difficult sub ject and gathered but little from him. He has just completed a several months' contract with the Chicago Tribune, where he took John McCutcheon's place while the latter was gallivanting out in Asia somewhere east of Suez. The salary the Tribune has been paying him would make a railroad president look up and observe, but the opinion prevails that Mr Browne has not been entirely happy in his Ameri can work. He doesn't understand us, and a very keen understanding is necessary to the successful making of newspaper car toons. And then the task of following McCutcheon was a pretty tough one. He couldn't have selected a more difficult one. He is now on a tour of the West, and, after visiting California, will return to his native fogs. During the course of our interview I gathered that he hates Chicago, dotes on the American woman, thinks Portland a jolly good town, and will not write a book of his impressions when he returns home. He will, however, issue a volume of his American drawings. He abhors our "funny supplements." and is not overly well Impressed with American black and white artists, partic- jury: Chris Kelly, c. W. Tracy, Will iam Sales. Cnarles Rice,. S. P. Osburn. F. H. Kearney, John Strucker, Martin Oleson, David Cole. Silas Kelly, H. F. Taylor and Sydney A. Baker. It is alleged in the complaint that on August 20, 1905, while Newton Keck and Jerome J. Sullivan, the deceased, were driving- on Powell street they were run down by an electric car. which was coming toward them at a speed of between 20 and 30 miles an hour, causing the animal to bolt and attempt to cross the track directly in front of the car. Both men were thrown out, Sullivan being injured so badly that he died within a few hours. Defendant's answer sets up that Sul livan and Keck were driving a frac tious horse at a rapid rate of speed, in the direction of an approaching electric car. and that the animal sprang direct ly in front of the latter, causing the accident. Damages to the extent of $5160 are claimed by the administrator. Giltner & Sewall are attorneys for plaintiff. Town of Milwaukie The Milwaukie Council met last night for the first time in the new City Hall, which has been paid for. Mayor Shindler was in the chair and the members of the Council were all present. It was reported that the total cost of the building up to the present time was $2560 and $S6 insurance. J. M. Snyder, the contractor, was com mended by Mayor Shindler for the way he had carried out his contract. All bills for the erection of the building were ordered paid off in cash. All the money used in purchasing the lot and erecting the new hall cam Tom Browne's Sketch of Harry Murphy. i ! , y K, i ! 'a.fi - it S - i Si J ' 1 ' MANNERED LION Murphy Hold a Session' With Famous English Cartoonist. I i TOM BROWNT. TAMOCS EXGLISH ularly the humorous ones. He told me he was surprised to find that the artists he met in New York had never heard of McCutcheon. but that everybody "as is anybody." both there and in London, knows "our Homer" Davenport and his work. while the defendant corporation is rep resented by Dan J. Malarkey and E. B. Seabrooke. ASKS CUSTODY OF DAUGHTER In Addition to Divorce, Mrs. Austin . AVants Care of Child. Jennie B. Austin began a suit for di vorce in the State Circuit Court yester day against William Henry Austin, alleg ing cruelty and drunkenness as the grounds "for a legal separation. In a separate affidavit Mrs. Austin declared that her husband was about to leave the State, taking with him their 9-year-old daughter. Lucille, and she asked for an order of court restraining defendant from so doing and directing him to deliver the child into the custody of the mother. Upon this showing Judge Sears granted petitioner's prayer for the custody of the child pending divorce proceedings, and later in the day Austin, accompanied by Deputy Sheriffs Kelly and Bird, called on Builds City Hall Without Going in Debt MUNICIPAL BUILDING AT MTLWAUKLE. to the treasurer from licenses on the Milwaukie Club, which pays $1200 per annum,, and a saloon, which pays $400 per annum. Enough money was ac cumulated from these sources so that not a dollar of tax money was used in the building. Only the Council chamber has been completed and it will cost something over $2000 to finish up the rest of the rooms.' The building is 90x40, two story. There is a fine hall on the sec ond floor, which will be fitted up with a platform. On the lower floor there is room for the Council chamber, jail i CARTOOVtST, BT HARRY MTRPHY. Mr. Browne said a very flattering thing about Portland to the effect that our peo ple look much more intelligent, genteel and a whole lot "smarter" than those of Chicago. Said he noticed this on the streets and in the hotel grill. But then he doesn't like Chicago his wife and delivered the girl into her hands. The couple were married In this city February 15, 1S93. and the complaint re cites that defendant began a systematic course of inhuman treatment almost from the very commencement of their married life, which has gradually increased in severity during the past two or three years. She insists that he has developed Into a common drunkard, and has fre quently called her names "too vile for publication in the complaint." in addition to unjustly accusing her of . being un faithful. Beach & Simon are her attorneys. Committed to Asylum. Alexander McDonald, a pressman, re siding with his parents at Sixteenth and Montgomery streets, was yester day committed to the State Insane Asylum at Salem by Justice Reid. act ing for Judge Webster during the lat ter's absence. He has a mania for breaking up the furniture of the house, and otherwise conducting himself in an improper manner. and lire department. When more money is on hand the building will be completed. It has been the policy of the Mayor and Council to incur no debt. It was decided to hold a public meeting on the evening of Saturday, October 20, when all the residents will be invited to inspect the building. At the meeting last night the North western Long Distance Telephone Com pany received a 25-year franchise, by paying the city $500, $300 of which was paid to the city treasurer, and the remaining $200 will be paid in ten years. POLICE TAKE-FEES AND BREAK RULES Charges Preferred Against Chief Gritzmacher by John A. Mears. CHIEF ALLOWED PRACTICE Head of Department Says Ousted Detective Is Doing Characteristic Thing in Making Statements Without Foundation in Fact. In a communication filed with the Po lice Committee of the Executive Board. John A. Mears. ex-secretary to Cap tain of Detectives Bruin, declares that there have been wholesale violations of the rules of the police department pro hibiting the acceptance of money, other than salary, by policemen, and charges that this has been done with the full knowledge and consent of Chief of Police Gritzmacher. Mears closes his letter by the request "that proper action be taken against Captain Gritzmacher, at present acting Chief of Police." Mears declares he has examined the records at the Courthouse and has ascer tained that many policemen have drawn from Multnomah County since January 1. 1906, an aggregate of $200 for witness fees in criminal cases. He declared in an interview, after filing his communica tion, that Chief Gritzmacher had told the officers it would be all right to accept fees. Chief of Police Gritzmacher was shown a copy of the communication filed by Mears, and said it was "in keeping with the Mears' style of doing business." He emphatically denied knowing of the ac ceptance of witness fees in criminal cases by members of the force, and declared it was news to him if they had done so. "That communication sounds like Mears." said Chief Gritzmacher. "I never told the officers to accept witness fees in criminal cases, but what I did tell them to do was to take fees for their services as witnesses in civil suits. If any officer has accepted witness fees in criminal case I do not know it. and they have done so without my consent. That would be strictly against the prescribed rules, which specify that in cases where the city, county or state is interested. they shall accept no tees The communication addressed to the Police Committee by Mears is as fol lows: I have the honor to call your attention to a condition In the police department. " and one which has been brought to the attention of the Acting Chief, who has approved the eame. It 16 the matter of officers receiving witness fees in cases where such officers are called in the Circuit Court to testify. This is a. case where the law does not prohibit. but which the rules and regulations funlees suspended) do expressly prohibit. I have examined the records from January, 1D06. to the 8th inst. and find that the sev eral officers have received a total of 94 days' pay as witnesses, or nearly $200. without mileaee. I took the matter up and heard the present Chief of Police say that it was all right for officers to receive tne reos. ne making the statement to Captain Bruin. I can furnish the per diem for each individual officer should you so desire. I therefore ask that this matter be investi gated in order that the proper action may he taken against Captain Gritzmacher. at present Acting Chief of Police. Tours respectfully. JOHN A. MEARS. Mears was recently discharged from the Police Department on a charge of violat ing the rules by accepting money from Allen & Lewis for detective duty per formed for them. Yesterday he filed with the Civil Service Commission a communi cation in which he states that he never had legal standing in the department, having been illegally appointed, and does not consider himself discharged. He de clares, however, that he has no intention of attempting to re-enter the police service. CASE IN HANDS OF JURY Men Charged With Conducting Pool room Will Know Fate Today. The case of the People against Mar tin Ready and James Hicks, who were arrested July 1 last, under warrants charging them with conducting a pool room at Fifth and Alder streets, was tried yesterday in Judge Frazer's court and submitted to the jury in the even ing. Up to midnight no verdict had been returned, and In case any agree ment is reached the findings of the body will be sealed and presented in court this morning. It was the gen eral impression around the Courthouse at a late hour last night that the jury would disagree. It is composed as fol lows: P. A. Christensen, Antone Shan tine, E- T- Deeming, H. D. Lensch, Simon Bayer. Thomas F. Kerns, An drew M. Anderson, W. S. Lauthers, Gus p. Keller. I. C. Kelly, Otto Salinger and W. A- Montgomery. Assistant District Attorney G. C. Moser conducted the prosecution, -while Ralph E- Moody appeared for the de fense. Considerable difficulty was experi enced in securing a jury on account of the liberal views of some of those drawn. TRIALS ARE POSTPONED. Land-Fraud Cases Will Be Resumed About Deoember 1. According to a signed telegraphic statement of Francis J. Heney. received here yesterday, the land-fraud trials are not likely to be resumed before December 1. instead of October 15. as previously arranged. In discussing the matter Mr. Heney said: Circumstances have arisen which make it impossible for me to commence any land-fraud trials before December 1 at Portland. I also advised Judge Bennett, when he was here a few days ago. that I have considerable work to do preparing briefs on behalf of the Government in the lasd-fraud cases which have been appealed to the Circuit Court of Appeals, including the Williameon-Gesnex-Eiggs cases, which were argued here by Ben nett, Wilson. Bristol and myself last Friday. I am also occupied In examining witnesses on behalf of the Government in the taking of depositions on behalf of the defendants in the Hyde-Benson case, which is to be tried in Washington. D. C, next January. In addition to these matters, and my private business, I am engaged in arbitrating the question of wages and hours between the United Railroads and their employes, in settlement of the 6trike which occurred here last month. It is my intention to return to Portland December 1 and to remain there until I finish the remaining land-fraud cases. Becomes Bankrupt to Avoid Debt. Charles E. Thornbrus, a laborer of this city, has adopted a novel method of getting rid of an unwelcome cred itor. " He borrowed a sum of money from J. M- Kerr, who has an office in THANKSGIVING DELINEATOR CONTAINS ALL THE FASHIONS STORIES BY s.arci "Elizabeth and Her German Garden The Williamsons Violet Coen Barry Pain Harriet Prescott Spofford BUTTERICK PATTERNS For November Ten Cents and Fifteen Cents NOW ON SALE FOR SALE BY MEIER & FRANK CO., LIFMAN, WOLFE & CO. the BUTTERICK PATTERN STORE LIPM AN-WOLFE 5 CO. Portland's School of Style Agents for The Delineator and All Fashion Magazines. the Macleay building, and because the latter assigned the promissory note covering the indebtedness to G. A. Brown, of Portland. Thornbrus has filed a petition in bankruptcy with the Clerk of the United States District Court, setting up as his sole liability the claim of Assignee Brown for $97.78. He also declares that suit has been commenced against him in the East Side Justice Court to recover the amount, petitioner makes oath that he has no money with which to pay the filing fee in the Federal Court, and this was sufficient to secure the filing of the document without cost. As his attorney's fees embrace practically all the expense of his financial coup, he has probably made something by the transaction. Fraternal Society Organires. Articles of incorporation of the Union Provident League were filed with the County Clerk yesterday .by K. A. Mac Pherson. J. L Mitchell. E. W. Pierce. BUIL D1NGFUN Time of Bidders Extended As the Y. M. and Y. W. C. A. Building Fund Committee has extended its time in which to raise the desired $3.50.000 until November fi, filers Piano House at their request has agreed to allow the public additional time in which to bid on the fine instruments now to be seen in its show windows, entire proceeds to go to help the Build ing Fund. , What'll You Give A $550 Chickering A $550 Kimball A $450 Hobart M. Cable A $350 Marshall and Wendell A $250 Metrostyle Pianola Most people bid on the Chickering and Kimball. Don't forget that the Hobart. M. Cable is a good piano, too, and also the Marshall & Wendell. What '6 your best offer on the Metrostyle Pianola? CASH OR TIME Every penny realized goes to Y. M. and Y. W. C. A. Building Fund. It costs only 10 cents to make a bid. Call or send in bid today to Mr. S. L. Gilman, Account of Y. M. and Y. W. C. A. Building Fund Committee, care of Eilers Piano House 353-355 Washington Street. ppp' -,r--"vr TILLMAN & BENDEL, San Francisco, Pacific Slope Distributers. FIFTEEN CENTS G. T. Tremmald. 51. Morehead and W. C. Gibson, its supreme officers. The organization is a fraternal institution, and was established for the purpose of maintaining fraternal benefits. It has property valued at $1200. and Portland is its principal place of business until otherwise designated by the fuprema Union or Supreme Executive Board. Ex-Meroliant Bankrupt. James Van "Winkle, formerly a merchant of Grass Valley. Sherman County. Or., but now residing at 301 Second street, Portland, yesterday flld a petition in bankruptcy with the Clerk of the United States Circuit Court. H owes $3630.79. and has assets amount ing to $562. only $75 of which he claims to be exempt. For any case of nervousness, sleepless ness, weak stomach, indigestion, dyspep sia, relief is sure in Carter's Little Liver Pills. for 0otneluii) ens The Best Bitter Liqueur. Drink to the health of your friends in Underberg Boonekamp Bitters and improve your own. Taken before meals it gives a relish to food and aids digestion always the same since 1S46. Call for a "pony" at any first-class bar. Enjoyable as a cocktail and better lor yon. 6,000,000 bottles imported to the U. S. Jtt mil Hotel:, Civet and Rcstavrants, r by tkt kttit mi Wine Merchmntz aitd Groecrt. BOTTLED ONt-T BT H. Underberg Albrecht, Rheinberg, Germany. LUYTIES BROTHERS, Gmtrml Aft New York. D PIANOS txt