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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 2, 1910)
THE MORNING OREGOXIAN. WEDNESDAY, FEBRUARY . 1910. 3 MRS. FORD IM CLEARED BY TURN Dismissal of Suit Asked on Ground Grand Jury Testi mony Is Barred. WARRINER IS- IN STRIPES Tiiz Four Defaulter Tells A pa in His Relations With Woman on Trial for Blackmail, Telling How She. Came to Him for Money. , CINCINNATI, Feb. 1. Mrs. Jeanette Stfwart-Ford may be freed tomorrow from the charge of levying blackmail on Charles L. Warriner,, defaulting local treasurer of the Big Four Railroad. 4 This unexpected turn in the woman's trif.l came this afternoon when the woman's attorneys demanded the dia mieeal of the case on the ground that th Prosecuting Attorney refused to submit to the court a transcript of the evidence given before the grand Jury. A de cllrn will be rendered tomorrow. This move by Mrs. Ford's attorney a created a sensation, following, as it did, th declaration of the woman's lawyers that ""Warriner was not the only guilty person In the $043,000 defalcation and that before Mrs. Ford's trial was concluded thy would compel the revelation of his alleged accomplices." Warriner in Stripes. Warriner, attired in his convict garb, under the most rigid cross-examination preserved his1 indifference and again re lated on the stand the story of his rela tions with Mrs. Ford. j- The proceedings failed to develop any Incidents of as sensational a. nature as Warrlner's declarations of the first day that he had paid Mrs. Ford $84,000 in "hush money." Warriner testified that Mrs. Ford had called on him at his suburban home one night last Spring. "Was that the only time she came there?'. "No. She came several times after the exposure last Autumn." "Bit before that, only once? "Yes." Warriner said that on the occasion In question she told him she had just come from Chicago, where she had had a row with Edgar S. Cooke; that she was out of funds and that she asked for mnney with which to pay her hotel bill. He said he gave her $20 or $30. all that he had in his pockets. The fact that this interview took place on the porch of his home was emphasized by the questions of the prosecution, letter? Tell of Money. r introduced. One, dated February 6, 1903, said : "Saw Mr. W. today for the first time since I struck Cincinnati. Got some money from him to pay my hotel bill and for your birthday, hut not enough to spare you a ten-spot besides." letters were also Introduced to show Mrs. Kord's jealousy of Cooke's wife. In them she referred to Mrs. Cooke in un complimentary terms and accused her of interfering with he r (Mrs. Ford's) af fairs. A telegram from Mrs. Ford to Warriner was offered. In which sho wired : "Deserted in my hour of trouble. A memorandum on it to Cooke says: "This is pretty bad to be floating bhhi nd, ' was a cknow 1 ed gcd by th e wl t iieps to be in his handwriting. "Ild you ever receive any communica tion from Mrs. Ford that did not ask for money?" cjueried Assistant Prosecutor Canh. "Very few." was the answer. SHIP'S TIMBERS CRUMBLE Wreckage of San Buena Ventura Washes Ashore at Uold Beaeli. 50LD BEACH, Or., Feb. 1. (Spe cial.) Soine of those who were here when the San Buena Ventura came ashore on January 15 within view of the beach, are still busy storing away the wreckage which came ashore and was recovered from the surf. The ves sel went to pieces in plain sight of the town. The lumber that constituted her cargo could be seen plainly as it came through her side as she pounded on the beach. All that is now left of the wreck is being covered rapidly by sand and gravel. Men from here who have been on board say that the forecastle evidently was flooded before the crew left the vessel, but the after cabin was snug and t iglit. Pieces of the timber that tiova Kaati n-auli Ail n ohrtrfl -avA In nn 4 condition and could be crumbled in the fingers in some instances. The deck timbers were sound, and the spare spars and cordage werV good. A cat survived the wreck, although it had been deserted when the crew took to the bwats. It was brought ashore and has taken up its abode in Gold Beach. BENCH CRITICISM UPHELD J u slice li rower Sa ys T u d res Shoul d Not Object to It. XKW . YORK, Feb. 1. "The courts, ..their delays, and cost of litigation, are justly criticised," says Justice Iavid J. Brewer, of the United States Supreme Court, in an interview given out here today. Justice Brewer is in New York 1 o preside at a meeting of the Civic Knrum tonight. In his discussion of judicial evils he said in part: "No Judge ought to object to any fair criticism, and no just judge will so object. There is no duty more impera tive upon t lie bar and the bench than to do what the y ca n to simplify ma t -tors, to put technicalities out of the way and soe that substantial justice is ail ministered. "The seat of the whole trouble, in my opinion, is In the fact that too many appeals are granted when justice does not demand it. Our courts tritle with justice by permitting delay after delay upon mere technicalities. "I advocate that the state enact laws to permit of but one appeal after the t rial judge." OFFICIALS IN SCANDAL Continued frm first PABe. t'.ie charges too far. as Rear-Admiral Swift was his friend. Senator Ijodge made few comments on the charges, but later he railed her by the telephone and said that they had been placed in the proper channels. She declared she "wanted the matter cleared up." Dr. Conies Tnder Suspicion. Dr. E. S. Harvey, of the State Board of Examination In Medicine, testified that Xr. Cowles was under suspicion of "cribbing" during an examination. Dr. John W. Sanborn, also of the State Board, said he considered Cowles a "medical quack." Miss Dorothy Hester, around whom much of the testimony has centered, said she had known Dr. Cowles for a few months and had conversed with him over the telephone regarding her picture. Dr. Cowles was requested to return the photograph, she said, but in stead of replying, asked Miss Hester if she would not call on him. She de clared she had not found Dr. Cowles objectionable except once. That was when he telephoned her and suggested an appointment, and had never made any such statement to any of the officers. Dr. Cowles was called again to state his side of the picture incident. He said he did not return it because Dr. Robnett had threatened him if he did not do so, and he wanted to see if Dr. Robnett would carry out his threat. RAILROADER LOSES LEGS Aged Sam Cochran, Bridge Carpen ter, Hit by Train. ALBANY. Or.. Feb. 1. (Special.) Sam Cochran, 60 years old, an old bridge car penter on the Southern Pacific Railroad, REPRODUCTION OF "STOLEN" PHOTOGRAPH WHICH HAS CAUSED LATEST NAVY SCANDAL. r m s MISS DOROTHY HKSI.ER, INXOCEST lost both feet today in an accident live miles north of Coburg. Oochran and a companion were going northward toward Brownsville on a rail road velocipede. In the heavy fog they did not notice the approach of the north bound Albany-Springfield train behind them until it was almost upon them. Cochran's companion jumped clear of the track and rolled into the ditch unin jured, but the old man was thrown partly across the rails ' and the engine passed over both'' less. He was placed aboard the train and brought to St. Mary's Hos pital in this city, where physicians am putated both legs. . TERMINAL IS LOOKED OVER Railroad Officials inspect Grounds at Newport. NEWPORT. Or.. Feb. 1. (Special.) Arriving on a special train, M. J. Buck ley. Reneral superintendent of the Har riman lines in Oregon. Chief Engineer Boschke, Superintendent Fields, of the Southern Pacific, and Superintendent Walsh, of the Corvallis & Eastern, ar rived this mornlnj? and inspected a place for entrance and terminus in Newport. The officials eay propery-owners e.re denmndlnsr exorbitant prices for right of way and they must be assisted financially by Newport if the line Is to be extended from YacjUina to tkls city. TRUNK ' MYSTERY HINTED rind-injc of Woman's Body in Kuins of Homo Loads to Suspicion. BENICIA. CaJ.. Feb. 1. -The fact that the body of Mrs. Marparot MoGuire. an aged woman, burned to death yesterday in her home near the Benicla barracks, was found partly in the framework of a trunk, has led to suspicions of foul play, but the authorities have been unable to discover any further evidence to justify the fiuspirion. Mrs. MeOuire lived alone. Her house whs destroyed by fire and her body was found in the ruins. BOARD DISCUSSES CLAIM The Hague Court Representatives Take Up Venezuela Case. THE HAGl'H Feb." 1. Before The Hugrue Court of Arbitration today rep resentatives if the United States and Venezuela exchanged memoranda on the dispute repardinpr the claim of the Ori noco Steams-hip company against the gov ernment of Venezuela. The steamship company, a Xew Jersey corporation, filed a claim for the alleged arbitrary repudiation of certain concessions by the Castro government. WIFE FOUND NOT GUILTY Murder Charge Against May Talbot Kails to Hold. RENO, New. Feb. 1. Mrs. Jlay Talbot was acquitted of the charge of the mur der of her husband. A'. E. Talbot, by the jury after 45 minutes' deliberation at 5:35 o'clock this afternoon, and was im mediately discharged from custody- PBIMEBO'S DEATH ROLL REACHES 79 Rescue Parties Continue Search Mine for Bodies of Dead. to ONLY ONE IS FOUND ALIVE Firedamp Is Believed to Have Caused Disaster Workmen Ae Busy Preparing Graves at Trin idad for Bodies of Victims. PRIMERO, Colo.. Feb. 1. Yesterday's disaster in the main mine of the Colo rado Fuel & Iron Company which claimed the lives of at least 79 men, was caused by an explosion of tire damp, ac cording to a survivor of the catastrophe on January 23, 1907, in the same mine, in which 24 lives were lost. The same authorities claim the explo- ism L 1 it ,1 mm i iff! BP Ks:lflJlIliiil$Wiii:;I if CAUSE OF COURT - MAHTIAL, sion was caused by ignition of gases rrom a name originated prohablv throuerh the carelessness of some miner, in direct violation of mine rules. either through the crimping of a cap for a fuse or the lighting of a match surreptitiously car ried into the workings. Officials Await Report. Officials refuse to give out any state ment regarding the probable t?ause, in sisting that it cannot be determined un til the workings have been cleared. At 9 o'clock tonight the situation in the workings continued unchanged. Relief work was beinir pushed by frequent cnanges of shifts, the rescuing party having reached entry No. 12, seven eighths of a mile from the mouth. A check of bodies recovered tonight re veals that 47 have been removed, leaving si still in the workings. Graves Are Being Iug. Tonight a large force of men was. put to work digging graves in the cemeteries of Trinidad, and tomorrow the bodies re covered will be taken there for burial. Nine Japanese miners recovered will be buried In the Catholic cemetery. Three large drays have been transformed into temporary hearses for use tomorrow, to convey the bodies from the train to the cemeteries. Seventy coffins were brought to Primero today and tonight and this supply will be further Increased tomor how. A large force of men is still engaged in restoring ventilation throughout the mine and hundreds of Primero's resi dents linger about the mouth of the shaft, awaiting the recovery of the en tombed, bodies. Keller Is Provided. Officials of the company on the ground who are not needed to supervise directly the mine work have turned their atten tion to the relief of families of the vic tims. Coroner GuilfoU has Impaneled a Jury to take up an investigation of the catastrophe. Leonardo VIrgen, ' a Mexican and the only surviving miner, who is supposed to have been working within a compara tively short distance of the point where the explosion occurred, is unable to give a clear statement of what actually hap pened or tell from which direction the force of the explosion qfrme. Today orders were Issued through of ficials of the Colorado Supply Company, a subsidiary of the Colorado Fuel & Iron Company, to Issue provisions to families of the victims until a permanent system of relief can be organized. Americans Among the Dead. In the list of known dead, compiled from records of Coroner Guilfere and the company, are: Dave Williams. Welsh, pltt bose. Jack Ellas. American, boss driver. William Helm. American. Jim Rummlrigs, American. J. W. Hoskins, American. Ed Rail. American. The other known dead are negroes. Mexicans. Italians, Hungarians, Slavs and Japanese. IDAHO WINS RATE HEARING Interstate Commerce Commission to Iecide Case at Boise. BOISE. Idaho. Feb. 1. (Special.) Secretary Reilly Atkinson, of the league of Southern - Idaho Commercial Clubs, has received notice from the Interstate Commerce Commission that the case of the league against the Oregon Short Line Railroad Company, involv ing an effort to secure a reduction of freight rates on coal from Wyoming points to Southern Idaho points, is as signed for hearing before the Commis sion February 28, in this city. The suit is for the adjustment of the coal rates from common points in Wyoming; to all points in Idaho taking a higher rate fhan the rate to Butte, Mont., which is. and has been for a long time, 3.2J per ton, while the rate to Southern Idaho points west of American Falls, except Minidoka and Burley and points immediate, is $6 per ton. The distance to Butte is practi cally the same as the distance to Boise. The traffic committee finds the Haul is down grade out of Pocatello to Junc tion or diversion points. It is esti mated that, if the league is successful in this suit, a saving of not less than J60.000 per annum will be effected in Southern Idaho. LAND LAW ON IIS TRIAL DECISION WILL AFFECT RECLA MATION WORK. Contention Is That Government Has Xo Right to Reclaim Other Than Public Lands. BOISE. Idaho, Feb. 1. (Special.) The constitutionality of the reclama tion act will be tested before the United States Circuit Court of Appeals at, San Francisco February 18, the date set to day when the appeal In the case of the United States versus David E. Burley will be heard. District Attorney Lin genfelter announced he will appear be fore the Court of Appeals on behalf of the United States in this case. It is contended in the appeal that while the Government has the right to reclaim public land, it cannot re claim private land, for by so doing it engages in a private enterprise. This contention was upheld in a Colorado case. Mr. Burley Is general passenger agent for the Oregon Short Line, with head quarters at Salt Lake City. Some years ago he entered 280 acres of desert land in what is now the Deer Flat reserve of the Payette-Boise project. The Gov ernment later withdrew from entry a large body of land adjacent to Boise. Caldwell and Nampa, with the idea of reclaiming it and building a big reser voir out of the Deer Flat. This was subsequently done, wafer being taken from the Boise River through the New York canal to the reservoir, and tle land of Mr. Burley was flooded. An attempt was made to purchase the land from Mr. Burley, for which he de manded $50 an acre. The Government refused to pay this amount, went to trial and a verdict of $20 an acre was received. Mr. Burley took an appeal. The decision in this appeal is of ut most importance to the West. OREGON HEIRS INVOLVED COXTEST OX IX BOSTOX FOR G. S. SLAYTOX ESTATE. Divorced AVift Claims Share -Six Prinevllle Relatives May Demand Irtune. BOSTON, Mass., Feb. 1. (Special.) A unique contest for the estate of the late George Stow Slayton. of this city, was started today. The case concerns several heirs In Oregon. Slayton died leaving a fortune of nearly $250,000. Today, his wife, who divorced him in 1893, made a formal claim to a widow's share of the estate. She declares, through her attorney, that she is en titled to the same amount that she would have received bad Slayton died Intestate. In his will Slayton made no mention of the Oregon heirs, and if Mrs. Slayton succeeds in establishing her rights it will pave the way for the Oregon heirs to start similar proceedings. Among them are Edgar T Slayton and George W. Slayton. nephews, both living in Prinevllle; Roy Howard. John R. How ard, Floy Slayton and Edith F. Slayton, grand-nephews and grand-nieces of the deceased. All reside In Prinevllle. T. M. Baldwin, of Prinevllle, is acting as guardian for other heirs in Roach dale, Ind. ' CHERRY MINE IS OPENED Much Must Be Done Before Bodies Can Be Removed. CHERRY. 111., Feb. 1. Work was re sumed in the St. Paul mine tonight by scores of men, following the removal todsy of the hermetic seal that had kept the subterranean passages closed for two months. Efforts will be made to clear the mine of noxious vapors, to wall in any smouldering fire, and to recover the 160 bodies that have been entombed since the fire broke- out on November 13. Spectators at the unsealing of the mine were mostly young widows, some only 16 years old. The women stood quietly in the slush and mud about the tipple. As the cage finally came to the top, a Sfcotch woman leaned over the iron railing around the shaft. She paid no heed to the helmet men on top of the lift, but watched for the elevator floor, which was empty. "They are not there." she said, as though she had ex pected to see the bodies of her hus band and two sons brought back. There Is much to be done before any bodies can be recovered. No one In charge of the wor will hazard a guess as to when the corpses can be- removed. "But when they do bring up bodies." said a Cherry merchant, "they will need the militia to pre.vent a riot. Those women will be so frenzied that they mlght destroy the town." PAULHAN MAKES FLIGHT Over 30.000 Denveritcs See French man Circle Mile Track. DENVER, Feb. 1. Thirty thousand people swarmed into Overland Park to day to see Louis Paulhan In an exhibi tion flight In his Farman biplane. After three preliminary attempts, Paulhan twice circled the mile track. That the exhibition was not more suc cessful was due to the crowd Itself. They broke down fences, swarmed over the field and the police had difficulty in clearing sufficient space to allow the machine to start. Prohibition Legislation Killed. FRAXKFORT, Ky.. Feb. 1. Hope for prohibition legislation at the present ses sion of the Legislature was killed today when by a vote of 16 to 14. the Senate referred the Watkins County unit local option bill to the committee on religion and morals which is admittedly adverse to the measure. LOOTERS GET NO MERCY IN PARIS Soldiers Shoot Down 'Apaches' Engaged in Looting Sub- merged Houses. RELIEF FUNDS STILL GROW City Council Arranges to Furnish Money for Rebuilding and to Provide Work on Streets for All Who Are In Xeed. PARIS. Feb. 1. The height of the wa ter at midnight at Pont Royal was 27 feet 3 inches, a fall of nearly four -feet from the highest point, and the flood con tinues to drop at the rate of three quarters of an inch an hour. Soldiers are still guarding manv miblle buildings and strong detachments have been sent to the outlying districts to stop the wholesale pillaging that is still going on. A boat patrol surprised a band of "Apaches" robbing a villa tonight at Boulogne Sur Seine. After an exciting chase, in which a fusillade was ex changed, an infantry sergeant sank the robbers' boat with the blow of an oar. Two "Apaches" were killed, and the OLUers were captured. Money to Be Lent. The City Council, following the lead of the national government. Ls arranging with the co-operation of the savings In stitutions to furnish money for rebuild ing stores and houses, and furnishing supplies. The government decided upon a general scheme of employment whereby those who desire work may find it in repairing roads and public buildings. The Munici pal Council has adopted the suggestion' of presenting medals to those who have been conspicuous in the relief work. These medals will bear the appropriate inscription: "Fluctuat nec Mergeritur!" the motto of Paris. Students in the Latin Quarter have formed a relief society and have agreed to care for their few American comrades who suffered in connection with the flood. Relief Fund Grows. In addition to $50,000 received from Massachusetts, new subscriptions to the relief fund from the United States are as follows: French colcW of New York. $40,000; French colony of San Francisco. $10,000; American Red Cross, $6000; W. K Vanderbilt, $20,000; Mrs. A. D. Huntington $5000. . In addition to the regular establishment of Red Cross and other relief societies, public-spirited citizens have thrown open their buildings and transformed them Into hospitals. Many men are devoting all their time to the work of relief, while women of the Soclete des Fern me 8 de France, a Republican organization, have entered the hospitals as nurses. Mon signor Amiette, Archbishop of Paris ls personally directing the work of 'the Catholic clergy and charitable owners. Robbers Harshly Handled. The killing of brigands who prey upon the helpless on the outskirts of the city continues. Last right a number were shot and four men and four women nar rowly escaped lynching when they were found robbing deserted houses at Alfort ville. They had constructed a raft, from which they entered the still partlally submerged homes. President Fallieres has subscribed an other $20,000 to the relief fund. SENATOR RESIGNS SEAT Retirement and Appointment From Xorth Dakota Kept Secret. WASHINGTON, Feb. 1. Fountain L. Thompson, recently appointed Senator from North Dakota, has resigned on ac count of ill health and W. E. Purcell, of Wahpeton, has been appointed his successor. Purcell was sworn In today. Senator Thompson took his seat in the Senate on December 6 last, having been appointed on November 10 to fill the vacancy caused by the death of Senator Martin If. Johnson, of North Dakota, in the recess of Congress. The intention of Senator Thompson to resign had been kept a secret about the Senate and few had notice of such a pur pose on his part. A. large majority of the Senators were In Ignorance until ' 12 o'clock today, when Mr. Purcell appeared in the Senate. ( Mr. Purcell ls a Democrat. He is 53 years old and one of the leading lawyers of his state. Ex-Senator Thompson is now at San Antonio. Tex. He is said to be suffer ing from an affection of the heart. INDIAN MURDERER FREED Columbia George Who "Killed Woman Spirit Doctor Pardoned. WASHINGTON, Feb. 1. An ancient Indian tradition, on the Umatilla Res ervation in Oregon, has been indirectly recognized by the Adminfstration. Co lumbia George, an Indian on the reser vation, had an infant which became ill. He called in a woman spirit doctor and the child died. He was told that in accordance with a tradition of the tribe it was his privilege to kill the doctor. George got intoxicated and also gave the old woman whisky dosed with strychnine. A life sentence was given htm. George apparently was most indifferent, but somebody inter ested himself in the case and an appli cation came to Washington for George's pardon and President Taft decided to commute the sentence . to expire immediately. ONE HIGH SCHOOL WANTED Toledo Gracefully Acknowledges Claims of Newport for Institution. NEWPORT, Or., Feb. 1. (Special.) Lincoln County has now two high schools, one in Newport and one in To ledo. There has been an effort made to combine these into one county high school, and some controversy has arisen between the two cities. Dr. H. J. Minthorn, chairman of the Xewport School Board, gave publicly several reasons why the location of the expanded school should be in New port, basing- his argument on the fact that Newport pays a larger school tax than any other place in the county; that the town has already the best pub lic school in the county and can bettr accommodate a larger institution; that rents are lower in Newport during the school session. The chairman of theToledo School Board. J. F. Stewart. rfm11fri that ha Butterick Patterns, Victor Talk 'g Machines Merchandise Every day brings new Spring fashions to the store. New arrivals in suits and shirtwaists, in silks and dress goods. Pretty French fashions in wash fabrics. Charming Between Season Millinery, by far the prettiest display we've ever made at this time cf tbe year. . Pellard Suits ' . For Spring 1910 New Arrivals Are now being exHi bited and on sale in our Suit Department. For Southern California they are just the right garment. ( In .imported worsteds and foreign fabrics. Modeled in Rus sian blouse and tailored styles. Coats are 32 inches long, the skirts are all full plaited. In all the delicate shades of flowers and fruits. Smart Mi I line ry Between Season Hats Now Being Shown In our Millinery Section. Cunning Crafts manship has wrought delightful new shapes for Spring a radical departure from last sea son's styles. Both in black and colors. In Milan, Sumatra, Java and Leghorn straws. In handmade, rough straw and hair hats. New Automobile Bonnets for Touring The same as those Illustrated in Vogue Foulard Silks Distinctive Styles Not Shown Elsewhere y Once more they claim your attention. Their firm hold on popular taste will not be relin quished. This season's styles compel admiration. Beautiful, tasteful designs upon plain and fa conne grounds. Look at all the Foulards shown in Portland, then see ours. The chances are largely in our favor for receiving your final choice in the beautiful Foulards that we've just placed on display. Kimono Crepes A Pretty Cotton Fabric Rivalling Silks in Beauty I Never has sucb a display on Crepes ever been seen in Portland. Peculiarly elegant are the de signs, artistic and delicate the color combinations. Particularly so, the medium and dark colors generally so hard to find. We have them in abundance in both light and dark grounds but there is no telling how long they will last judg ing from the Way we have been selling them the past few days. Price 20c a Yard. Mrs.Dean, Nemo W ill illustrate and demonstrate with living models tbe merits of Nemo Corsets. There is a Nemo Corset for every figure Ask to see No. 522 new Spring model. FROM 2 TO 4P.M. would gladly indorse Newport as the location of the County High School and commended highly the efforts of the Newport School Board to secure good education for the county. ELECTION DAYS NUMEROUS Walla Walla Citizens Have Bnsy Voting Programme Alical . "WALLA WALLA. Wash.. Feb. 1. (Special.) Walla Walla is to have four elections this year, two primary, one city and one county and- the corre sponding regular elections, making this the banner electron year of the Barden City. This number of elections ia due to the direct primary law and to the city char ter, which provides for holding the city 1 of Merit Only Corset Demonstrator FROM 2 TO 4 P.M. elections qn the second Monday ir. July, while the state law provides for the county election to be held on the first Tuesday after the first Monday in No vember. Registration for this unusual num ber of elections is three times as large as It was at this time last year. Reg istration books close 20 days before the general election. Bishop Has Noteworthy Funeral. PHILADELPHIA. Feb. 1. Severa': bishops and hundreds of clergymen and laymen, some from distant parts of the country, attended the funeral services in the Archer-Street Church here today of Bishop Cyrus D. Fobs, of the Meth odist Episcopal Church, who died last Saturday. Bishop Luther B. Wilson, of Philadelphia, officiated. assisted by Bishop W. F. McDowell, of Chicago, and Bishop Earl Cranston, of Washington.