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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (April 23, 1909)
TIIC BIOBJgyQ OREGOXIAX, FRIDAY, APRIL 23, 1909. 13 LOTAN TELLS HOW ED Met Reinstein and Breslauer in Saloon and Took Them to City Halt. GRAND JURY WILL PROBE Backers of Gothenburg Plan Are Brougrnt Into Case Attorney Mc Allister Insists His Movement Would Gain Nothing. At a conference held yesterday after noon by City Auditor A. L. Barbur, Chief of Police Grltzmacher and Sam Lotan,-Deputy City Auditor, the latter retold how he admitted Reinstein and Brealauer, of the Portland Brewing Company, to the Auditor's office on the night the excise board petition was mutilated. Lotan adhered to the same story as heretofore, adding- but few details, and he declared that It was the account of his part In the occurrence that he would jrlve in court. Lotan told yesterday that an appoint ment was arranged by Reinstein with him over the telephone Monday morn ing and that the three men met in a saloon on Fourth street. They pro ceeded from there to the City Hall, where Lotan let them Into the Auditor's office and secured the petition for them from the vault. The Ueputy Auditor says he did not pull down the blinds in the stenog rapher's room and docs not know who did. He Insists that he knew of no Intended or actual mutilation of the records. He busied himself at his desk in the main office during most of the time the two men were going over the petition, so he avers. Grand Jury to Take Case. No criminal proceedings have been Instituted against Lotan, but he and the two brewery men implicated in the matter will be summoned before the grand Jury, probably Monday.' The grand Jury has adjourned for the balance of the week, but will reconvene Monday afternoon at 2 o'clock, and Dis trict Attorney Cameron says that the City Hall scandal will be taken up that afternoon. In the meantime the hear ing In the Municipal Court of the forgery charge against Reinstein and Breslauer has been postponed until April 27, and when called up again, will likely be postponed Indefinitely, as the case Is going directly to the grand Jury. The defense of Reinstein and Bres lauer, according to statements made by men indirectly Interested In the case, will be that they were the victims of either a trap or coincidence. Gothenburg: People Mentioned. On the former theory an effort to connect someone interested in the Gothenburg petition with the affair is In evidence. The claim' is made that the elimination of the excise board petition Is the only hope the Gothen burg backers have of putting through their plan, and that they would be the ones most benefited by the Invalidation of the excise petition. In behalf of Reinstein and Breslauer It is asserted that men of ordinary in telllgence, engaged in the kind of work of which they are accused, would not have left evidence of their presence in the City Auditor's office, such as the cigar stubs on the table and the cur tains drawn. It Is pointed out. too. mat the petition was mutilated in a manner almost Inviting detection. Indi cating that the men who committed the deed had no fear of discovery. On the other hand, it Is argued that If Lotan was in the plot the other two men would naturally rely on his sense of self-preservation and would not at tempt to conceal their work very care fully. "Xo Advantage Gained." H BL J. McAllister, attorney for the backers of the Gothenburg plan, when told of the apparent attempt to connect that issue also with the scandal, declared It was preposterous. 'What advantage would It be to us If the Uxclse Board petition were out of the way?" he inquired. "The persons who would vote for the excise ordinance would not vote for our plan anyway. Mr. McAllister intimated that he had been looking for something to happen at the Auditors office, however. He said that a few weeks ago he received a telegram from the Eastern men in terested In the Gothenburg dan stat ing that they had reliable Information that an attempt would be made to de feat the filing of their petition. He had not talked about the telegram to Mr. Barbur, as the petition was filed without Question. McAllister la Suspicious. Mr. McAllister said his suspicions had also been aroused by predictions credited to a deputy in the Auditor's office to the effect that the Gothenburg petition would not stand the test. "I could not conceive why the petition was not all right," said Mr. McAllister, "as we had about 6000 names and only 2500 are required. It was hot reasonable to suppose that such a proportion of the names would prove Incorrect as would defeat the pur pose of the petition. I was not told which deputy made the remark, but I re ported the matter to Mr. Barbur." Mr. McAllister does not claim any credit for the discovery of the mutila tions of the Excise Board petition, con trary to some reports. "I knew nothing about it whatever un til I read of it in the newspapers," he said. Reinstein Wants Privacy. Testerday Reinstein. according to the statement of Auditor Barbur, attempted to Interview the Auditor privately. Mr. Barbur promptly declined to participate in such an interview and informed Rein stein that if he had anything to say it must be said in the presence of a deputy auditor. Reinstein called at the City . Hall In . the morning and on falling to secure a private interview said he merely wished to declare his innocence of any intention of casting odium on the Auditor's office. He again admitted having been in the office Monday night in company with his bookkeeper, going over the excise petition, but denied that he had erased or otherwise mutilated any names on the sheets. Denies He- Owns Saloons. Wednesday Reinstein told a representa tive of The Oregonlan that he did not own any Interests in retail liquor estab lishments. The City Auditor's however, show that the license for the saloon at 775 Thurman street is held in his name and that he holds a power of . attorney from the men to whom three otner licenses nave been Issued. In addi nun, mo twu imitT saioon licenses are ( in m6 name oi nis bookkeeper, Breslauer, GAMEWASWDRK and the latter holds a power of attorney from two retailers. The taking of power of attorney or having a license issued in the name' of an employe are methods frequently em ployed by brewers in maintaining finan cial control of saloons. The Thurman street license was form erly held In the name of Breslauer, but has been transferred to Reinstein. Dur ing 1908 a license m favor of Breslauer was held for 145 Front street, but was not renewed this year. . The saloona controlled either by power of attorney or by direct ownership of the license, other than the ones mentioned, are at 415 North Nineteenth street, 315 Second street, 104 North Sixth street, 540 Wash ington street, 7 North Second street, 54 Dixcn street ana zaz Burnside street. No further attemot has been made to check over the names on the mutilated petition and City Auditor Barbur an nounces that he will accept the petition as sufficient and submit the proposed law in me June election. If the oetl- tion Is attacked it will have to be in tne courts in an application for an in junction restraining the Auditor from entering the Excise Board amendment on the ballot. An Inspection has been made W Mr. Barbur of the Gothenburcr nla.n neHHnn but he has been unable to discover that it has been tampered with. The Municipal Association has Interested Itself In the probing of the dot to destrov the effect of the excise board petition and yesterday was seeking an attorney to as sist District Attorney Cameron in the prosecution of the case. It is within the possibilities that the association will em ploy detectives to try to determine the extent of the conspiracy. FARMERS NOT GUILTY CHARGE OP AIDIXG PRISOXER TO ESCAPE PAIIiS. ; Grand Jn-ry Returns Ten Indict ments, Including Two Charges Against Jesse C. Moore. Jerome Fay and Allen McLay, farm ers who were said to have aided AVill- " ... ... .v. 1 L nmiy HULLO. I " "'"'B ms escape last week, were not Indicted by the grand Jury when it returned Its findings to the Circuit Court yesterday morning. There were 10 true bills, and five not true bills. mat relating- to McLay and Fay being among the latter. ' They were said to uave iurnisned Squires with a coat and hat on April 16, so that he could not be Identified. Andrew B. Balsrltv was Inflicted rm a charge of havlna- embezzled turn 87 from the. Foresters of America on No- vemDer zs, last year. F. R. Peterson, T I r 111 - . J J- 1 v uiii n M-iifi . Ktrauer wer amined by the grand Jury as witnesses. jesse c Moore was indicted on two assault and battery . charges Tester. day, for having beaten his wife, Elsie L. Moore, and attacked his mother-in-law, Amelia R, Wood, on April 1. The mother-in-law shot and wounded him, and he was taken to the hosnital. vvimam smit, Tom White and James .Barrett are accused of having stolen a diamond ring, a gold-flUed watch, chain and a gold ring from the store or 1. lievurn & sons, on March 24. jeorge Bsn was Indicted on a charge of having stolen three pairs of dental forceps from Charles S. Lee, on March 22. I. W. Gardner Is accused of Rsnault ana battery upon his -wife, Annie J. uaraner, on Jnly 10. last vear. Albert R. Anderson Is alleged to have unereq a forged bank check for J20 on November 28. 1908. It was passed upon Tom A. Hogan. Another forged check was passed upon II. C. Hander- son on March 21. J. W. Taylor Is cnargea witn having passed this. It called for $7.60. The utterlnsr of a forged receipt for $150 to A. Schelbe is laid at the door of Chris Mororan i no crime is alleged to have been com mitted April 4. Nick Matosin Is accused of larceny by bailee. Sam Lalich complains that Matosin embezzled $96.50 from him on April z. Mabel and Lucy Shoemaker, Howard Asnton and A. A- Radley were exoner ated by the grand Jury of a charge that they committed acts outraging public uecency ana injurious to public mor als. The statute under which they would have been indicted had the evi dence been sufficient, is the one under which Belle Waymlre and E. E. Raddlng were convicted. The Shoemaker e-lrl were taken In charge by the Portland police after having left their homes and . come to the city with the two young men. A not true bill was returned In the case or Earl Rockford, accused of hav ing stolen three gold rings from Claudia Clarke. Albert Mclnnis was also exonerated of a larceny charge. Complaint was made that he stole $10 from A. W. Crabtree. Fred L Harris will not be tiled on a charge of em bezzlement of $40 from the Brown Springer Company, for the grand Jury i e milieu not a irue d.ii in his case. INDICTMENT IS NOT BROUGHT Grand Jnry Kinds No Proof of Em bezzlement by F. L. Harris. Among the cases which the grand Jury uiycsueaiea mis weeK and found no cause lor indictment was that of U"rwi L. Harris, accused by Milo J. Brown of embezzlement from the Brown, Springer company, printers. According to previous accounts, Mr. Harris was released from a cnarge or forgery In Yakima County through the efforts of Mr. Brown, who then employed him in Portland. Mr. Harris' story Is that while Tmhllah- mg me vrana view Press he became in debted to the Brown. Springer Comnanv iur uuout jmo.- ana owed various other sums. He says he gave Mr. Brown mortgage on the plant for $500. the In debtedness to be deducted and the balance torwarded to him at a certain time. An ticipaung tne arrival of the money, he gave cnecks on the bank to pay other ac counts, dating the checks ahead. The money did not come from "Brown and he was arrested but later released. Mr. Harris says he paid off all his ac counts with money received from home and then came to Portland and engaged in business with Mr. Brown. After work ing ja weens ana making only $3 per weex. ne accepted a position In Centralia. Air. Marris says the charge of embezzle ment was due to a misinterpretation of tne oooks or the flrm, kept by him, and that! he explained the details satisfactorily to me grand jury. KIRMESS FUND IS $27,000 1 Fignres for Recent Society Enter tainment Continue to Grow. Thomas Scott Brooke, of the klrmess committee, yesterday . announced that the net receipts of the recent charity benefit amounts to the handsome sum of $27,000. It Is a' source of satisfaction to those' whb were Instrumental In the success of the recent affair that this sum exceeds all previous records earned by similar entertainments in the United States, Including those given at Chi cago. New York. San Francisco and other cities of much greater population. New York's latest novelties In fins footwear at Rosenthal's. EXPERT REPORTS ON COUNTY CLERK J. W. Ferguson Criticises Man ner of Accounting for Fees. COUNTY SHOULD GET ALL Retention of Amounts Paid for Cit izenship and Naturalization Pa pers Is Bone of Contention Be tween Expert and Mr. Fields. Criticism of thm mr. . I , . .' t ewtuunt g,J.r fees In County Clerk K. a Fields office, together with a showing or slight discrepancies In the pflsh Via 1 - ances, are embodied In an Initial re port prepared by J. W. Ferguson, ex pert acoountant, who is engaged in auditing Mr. Fields' books. Attention is called by the accountant to his meth ods in handling receipts. The law Is freely quoted in the report. Although completed a week ago the report, which covers the County Court department, was not tiled with the County Court until late yesterday af- Lcinoun, wnen it was Immediately placed on record as a Dublin by County Judge Webster. Just how the irregularities will be remedied is a matter not yet given official considera tion. But it Is understood that civil action may be directed n irnlnst Mr Fields to collect citizenshin fees, which he has retained under the claim that they are rightly part of his emolu ments. Mr. Fields, who disputes no 1 1 ;i I 1 1 1 Ttlfl PPrtflf-r (1 CI . n a n a.. says ne is willing and readv to renav any money that he has retained, if shown that he has violated his rights. Pees Retained by Clerk. The report shows that In his record of fees Mr. Fields lacks $79.02 of hav ing enough to balance his books. He has received and retained as fees in declarations of intention for citizen ship cases $968.50. In fees for certified copies of declarations of intention he has received $130. In the library fund there is a discrepancy of $27. On hunt ers' licenses he is custodian of $2608.80 not yet turned over to the State Treas urer. . Added to this list Is an Item of $1874.77 which he holds In custody, which the expert reports should be de posited In the county's trust fund. Although Mr. Fields insists that the Federal law permits him to credit to his personal account all money, save the Government's share, collected in citizenship matters, the report quotes an amendment to the citizenship laws in opposition to the County Clerk's view. The amendment Is on rule 17 of the naturalization regulations. It says that while County Clerks must submit only one-half the citizenship fees to the Government, the remaining half must be accounted for In accordance with the state law. Mr. Fields kept the money under the original rule 17, and failed to take cog nizance of the amendment. The orig inal rule was established June 29, 1906. The amendment went Into effect Sep tember 1, 1908, since which time Mr. Fields has retained the fees. Expert Gives His Opinion. But that he had no right to keen the fees at any time Is the Idea presented by Mr. Ferguson's report. In this con nectlon. Mr. Ferguson says: "It ap pears to me that Inasmuch as this work Is done by deputies hired and paid by the County, the fees re ceived from this source should be ac counted for the same as the others. He then quotes the Oregon law on the subject, which says: "That the Coun ty Clerk of Multnomah County shall receive an annual salary of $3000, and shall receive no other fees or emolu ments." If this is established by order of court, Mr. Fields will be confronted by the necessity of refunding $968. 50 on first papers, and $180 on certified copies, besides a large amount that 1 yet to be checked up for final citizen ship papers. The fee for first papers and certified copies Is $1, of which Fields has retained one half. The fee for final pap"ers is $4, of which he has taken half. The final papers run well into the hundreds during the two vears Mr. Fields has been keeping half, and the amount involved will reach several thousand dollars. It is said. As to the trust funds retained by Fields, Mr. Ferguson recommends-that the County Court immediately issue an order directing this money Into- Its propeT channel.. In this connection the report says: "There Is now in the hands of the County Clerk $1874.77 belonging to legates, heirs of estates and Insane persons, deposited in trust and most of it by order of the County Court. The law provides that all such funds shall be deposited with the County Treasurer. I suggest that the County court Issue an order for this money to be turned over to the County Treasurer, to be placed to the credit of the Multnomah County Trust Fund.' Hunters Pay In $18,243. Taking up the subject of hunters licenses In detail, Mr. Ferguson shows that Mr. Fields has collected a total of $18,243. . Up to March 1, when the experting of the books began, he had turned In to the State Treasurer $13,073, leaving - a balance due of $5170. On March 4 he made a turnover of $2363.20, thus reducing the amount to $2806.80, cms money being on deposit in Mr. Fields' personal account with the re ceiver of the Title Guarantee & Trust Company. The law In the matter, as Mr. Ferguson sets out. says: "....All money so collected by the County Clerk snail at least once In every three months, be forwarded to and deposi ted with the State Treasurer." During the early part of his tenure of office Mr. Fields turned in fees received The Best Eye-Opener A steaming cap of delicious POSTD It removes coffee aches and ails. ere S a Keason w- In citizenship matters hut since Septem ber 26, 1906, not a cent of this money has gone to the county. It was in June that the Government made the rule which was Interpreted by Mr. Fields to mean that the citizenship money was a personal perquisite. The subject of drawing interest on pub lic money is not directly taken up, although an order removing the trust funds and compelling prompt remittance to the State Treasurer would result in the Shutting off of considerable Interest money which Mr. Fields now receives. It Is said. The subject of Interest money will likely figure in a second report, which will be returned as soon as Mr. Ferguson completes a checking over of court fees. Mr. Fields admits drawing Interest money on litigation money given to him as But .he contends that he Is personally I responsible for all such money and ac cordingly should receive, the benefit of interest. Cleric Explains. Policy. Mr. Fields has an explanation for the failure of his- books to balance, in every instance. The email discrepancy In the fee account is attributed to error. His retention of citizenship fees is assigned to his belief that the money belongs to him. As to the library fund he thought all that had been paid in and is at a loss to un derstand the deficit, which Is for October and November of 1907. As to the hunters' license money, that Is tied up for the time being In the Title Guarantee & Trust defunct bank, but will pay out. He has available cash to meet any emergency that may arise in the event official ruling is made against hl method of doing busi ness. Minor errors are noted. For lnstancs there Is a record that three opium licenses were sold at 60 cents each whereas 1 apiece should have been charged. Ap provals of plats apparently not in the fee books should have earned $11 more than Is shown. In concluding his report Mr. Ferguson notes an improvement on the general system of keeping accounts. But he sets out that the method of accounting for certified copies and transoripts of record is faulty. The report covers the period from July 7, 1902, to, March 4. 1909. OFTEN MARRIED; IN JAIL Bertha Atwood, From North Yaki ma, Faces Polygamy Charge. Bertha Atwood, the comely young woman from North Yakima, who shows a strange penchant for getting married, Is in the County Jail, awaiting trial on a charge of polygamy. She was arrest ed Wednesday morning by Constable Lou Wagner, while attempting to elope with Ray Foote, a mechanic, notwith standing the fact that she already had two husbarids. Being unable to fttrnish bail, she is held. Jesse Atwood, of North Yakima, and Garnett Hyde, of Portland, are her re spective husbands, and she probably would have added a few names to the list but for the interference of the Con stable. According to information given by the respective husbands and by her friends. who wish to stop her matrimonial mania, she wedded Atwood three years ago at the Washington town. She remained with him until several months ago, when she came to Portland and met Hyde, a sawmill hand, who lives with his parents at Woodstock. They went to Vancouver, Wash., after a brief courtship, and were married, the luckless groom knowing nothing of the fact that he was marry ing another man's wife. He took his bride home with him. his mother welcoming her to the family cir cle. But a few days ago came Atwood and trouble. The much-wedded girl then disappeared. It is learned that she went to 225 North Twenty-fifth street and was preparing to launch life anew with Foote. When taken Into custody Bhe pleaded that one or the two licenses was not legal, but this is disputed. She was ar raigned In the Justice Court on a chargs of polygamy yesterday and pleaded not guilty. DEAD MAN NOT IDENTIFIED Two Names Found on Laborer Who Expires Suddenly. Either J. J. Conner or Louis Rofelnn la dead at the morgue.-- Just who it is that is aeaa can t be learned. A man of 46, evidently a laborer, was found dead in THE $4,00 $500 UNION MADE For thirty years, men have worn the PACKARD shoe. Made, better every year. Get fitted today I 'Ybifllbesati 1 fled too I m "J styles m stock M Phillips Shoe Co. 109 Sixth Street Portland, Oregon FVFTJV ' MADETQWEA3 H m have the individuality that comes from singleness of purpose and the character that developes only from adhering to the highest ideals. That's why they prove their super iority and retain their shape and style lines under every stress of hard wear and rough usage. Spring models are now on display by dealers everywhere. you are unable to procure them in your City, kindly advise us. Write to-day for the MICHAELS- o j zivxv reunion Portfolio of Spring stylet it is free on request. 111! a rooming-house at Second and Burn side streets yesterday afternoon. Death was the result of asthma. But when Deputy Coroner Dunning took charge of the case he found it more baffling than that of a suicide where no motive is shown, for the dead man had two names on him, and both were In the nature of a means of Identification. The names are in different handwriting, so that it does not appear probable that one name is an ailas. Unless the prob lem is cleared up the man will have to Co c o a F a c t No. 7 Ecuador (South America) furnishes nearly one - fifth of the world's production of cocoa beans, now esti mated at 300,000,000 pounds. A world-wide de mand, exists for Ecuador cocoa beans, for which that country enjoys a high rep utation. We import the best direct. What .MRM HARLAND" thinks e "Nature's THo K. K. . Fair tank 'Dear Sir a . Hany years' ago I.lscontlnued theuse-oT lard In-my' -f Kitchen-end substituted for It as. an experiment. COTTOLESE. then ; c ompar a t lve ly . a ne wpr oduc t Since ElV ren-COSTQ3.St.sl Sfttisfa(t1nn siifliiK 4 4 s f f Shortening . nr in etc. orln.frylng;ilt.lia8. never-disappointed. me. m m 1 lBl1 It-wereTrln-my-powerto install thls-pure vegetable prodncV'ln-the esteem of my fe llowhouse wives ln placeo the exose and cften-dlseased,fcanlmaifats & 1-rarelyreeoBmend any proprletarjrartlcleln-'nrlnt however good I may think itr but after many years use has Drove to my household and myself the excellence "of COTT0LEUE. I feel JiSi41? Ple the self-imposed rule. I honestly believe It to be the very best thing of Its' kind ever offered to otvlitnSf"-- r opportunlX make - - .oncernmg 3 - oob Clofljes V Michaels-Stern Clothes '? m 5 At 31 1 be buried at the county's expense and will occupy an unnamed grave. Hunt Club Cbase Tomorrow. The Portland Hunt Club will hold a regular paper chase tomorrow, which will be an open event and will start from Gravel hill, near the Sandy road, at 2:30 F. M. The hares for the occasion will be Miss A. Markham and Eugene Oppen- You cannot make a good cup of cocoa out of poor cocoa; a poor cook couldn't spoil CCOA in the making. Fragrant, delicious, nourishing. Less than one cent a cup. Don V ask merely for cocoa ask for GkirardellPs Oifi from the Sunnw Sou New York. December 15. iCoBpany 'first.- trlnl'nf 1t. Tnn tmi1 V y WAAW A A V AO Utt ' iftmhimt in j i v. k,... .. Yours truly. V4 n V : 1 t f'j helmer. All of the members of the club are requested to participate in this ride as a splendid course has been selected, and the riders are assured of a most pleasant afternoon. The lot and three-story building. Seventh near Morrison at $115,000, Is a choice buy with excellent future, fairly good income and ground alone worth the money. Jackson & Deering, 248 Stark street- X9Q& v4-r .v. " i k CI O . . I PacUrly txong eSE3; M SSXSS