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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (June 26, 1912)
f HE MORNING OREGONIAN; WEDNESDAY, JTJNE 26, 1912. UNIVERSITY CASE IS BADLY MIXED District Attorney and Secre tary of State May Reach Agreement. VERDICT MIGHT BE VOIDED GoTernor West's Request for With, drawal Reaches Mr. McXary Too Late to Be Granted a De cision Was Rendered. SALEM.' Or, June S3. (Special.) Should the University of Oregon refer endum cases be dismissed following the decree of Judge Galloway in the equity court here depends entirely on wheth er Secretary of State Olcott and Charles J McNary. brother of District Attorney McXary. will reach a conclusion to that effect. This much is certain from statements of the leading attorneys in the case. As a question of law it has been prac tically agreed upon that the parties to a suit may even go as far as to set a1de a decree of the Circuit Court. Consequently it appears that only Sec retary Olcott. who was defendant, and Mr. McXary. who is plaintiff, as relator for the State of Oregon, could agree to carry out the wishes of Governor West and agree to dismiss the cases and place the referendum petitions on the ballot. Inasmuch as Secretary Olcott was originally appointee of Governor West, there are some here who believe that he will be willing and glad to dismiss the suits on a stipulation with Mr. McXary. as representative of the Dis trict Attorney. But there are others who take the stand that, inasmuch as Olcott served his brief term as ap pointee and went before the people for renomlnation. he Is now freed from his obligation to the Governor and will not feel morally bound to accept the Gov ernor's view as to the referendum cases. Decree May Be Set Aside. The nutshell of the situation seems to be that attorneys in a case of this character perhaps cannot enter into a stipulation which will set aside a de cree of the court. But as far as the actual parties to a suit are concerned the courts will allow these parties to enter Into any aajreement which they may deem fit to enter into and they can even go so far as to nullify such a de cree. Attorney McXary will undoubtedly agree to withdraw the cases if Sec retary Olcott wishes to do so. He re ceived the belated letter of Governor West today asking that the cases be withdrawn. But the letter was received many hours after Judge Galloway had given his decision. In response to the Governor's letter Mr. McXary said In iart: McNary Amswera Governor. . "Tour request to take no further ac tion toward the prosecution ' of the above suit would have been heeded by me had the injunction reached me in time. As you doubtless know, a deci sion in this suit was reached by Hon. . William Galloway Monday. June 24, at 1 o'clock P. M. "I am willing to co-operate in any disposition of the case that may accord with your judgment, inasmuch as the new proceedings were Instituted at your request "I am writing this letter on account of the absence of the District Attorney, but with the certain knowledge that whatever steps I may take In the mat ter will be by him approved." , The entire disposition of the cases seems to rest with Secretary Olcott. Secretary Olcott originally stated that he became defendant in these suits be cause he believed that the Initiative and referendum was being attacked and that he believed the people of the state would wish to see the points raised, involving the initia tive and referendum, decided by the Supreme Court. With this interpreta tion of the case in view, it Is possible be will not agree to dismissal of the cases and will take the attitude that the Supreme Court should eventually decide as to the questions which have come up. In many ways this was the same attitude which was taken by Judge Galloway when be handed down his second decision yesterday. Following is the letter Governor West sent to District Attorney Mc Nary: "14 n People Say.'' wear. "In further reference to my letter to you under date of May 50. calling your attention to a resolution of the Board of Regents of the University of Ore gon, and suggesting that you take such action as In youf lodgment might seem proper toward carrying out the wishes of the said board; in view of the fact that the Boards of Regents of the Uni versity of Oregon and the Oregon Ag ricultural College have decided upon the initiation of a mlllage tax bill, which is to 1e submitted to the people for their ratification or rejection in No vember. It seems to me that further prosecution of the suit referred to in my letter of May 20 would be unneces sary. "If these two institutions are to be put upon a mlllage basis, it would be immaterial whether this referendum suit was prosecuted to a final conclu sion by you. Further, I believe that the regents would show their good faith In this matter by allowing the people an opportunity to have both measures before them. Therefore I would sug gest that you take no further action toward the prosecution of this case." QUICK , EXTENSION LIKELY Eloetrlo Line to Hocklnson to Be . f 3uilt This Summer. VANCOUVER. Wash., June 15. (Spe cial.) The -extension of the electric line from Slfton to Hockinson, a dis tance of about six miles, will be made this Summer if those who have prom ised to donate towards the $10,600 bo nus sign the notes for the amounts they have subscribed. Already about 18000 is secured and the remaining $2000 has been promised. Slfton is six miles from the ferry landing, and Is the present terminus of the trolley line, which was built by the Washington-Oregon Corporation. The sir-mile extension will open up a rich farming and fniitratslng community, and It will be of great b-n- t to that section as well as being profitable to this city. a tour of education through the dis trict. They advocate the Gravenstein apple as the most profitable to be grown In this locality commercially. and urge the farmers to take up me culture of loganberries, which grow in abundance here and seem to be suited to most any of the land in the county. Heretofore the loganberry industry has not been carried on extensively for the reason that the local market was lim ited. A. H. Carson, of Grants Pass, who IS one of the party of experts, sug gests that the people form a company and install a plant for extracting un fermented fruit juice .and that a suffi cient acreage of loganberries be plant ed to maintain the plant. He says a big industry can be created. He also has told the farmers that they can make money by having a co-operative dryer for handling loganberries or even that a grower with as' much as one acre or more can have his own drier. The experts held a meeting at worm Bend and were entertained there by the Commercial Club of that city. They also met in Marshfield with the mem- 1 1 . 1. riv-anc-a Th.V hflVK been trying to reach the business -men of the locality to Impress upon them the lmnortance of the fruitgrowing as a future industry of Coos County and urge the business men to co-operate with the farmers, -iney can auenuuii to the fact" that the temporary re sources of the community are now be Inc drawn UDOn and that the future of the county depends upon the build ing up of the agricultural lines. The visit of the professors and other ex perts has stirred up mucn local inter est in the fruitgrowing industry. NEW EDUCATION IS NEED INCREASE INTELLIGENCE AND ABILITY TO THINK IS PLEA. BERRY CULTURE ADVISED Extensive Plans Laid for Making I'n fermented Fruit Juice. JIARFHF1ELD. Or.. June 25. (Spe cial.) Extensive culture cf loganber ries to be used for making unfermented fruit Juice is an Industry for Coos County which is proposed by the state fruit experts, who have- been making Dr. Berle, of Tufts College, Cam bridge, Lectures Before University of Oregon Summer School. . l?TTrtB"WIT a-W Tuna 9 R fCJnl-il Sessions of the University of .Orogon Summer-school opened yesterday with tha ni.aflntflHnn tt h flmt SAries Of lectures on "Intensive Education," given by Dr. A. A. J3erie, processor oi apimw Christianity at Tufts College, Cam bridge. "With nothing to compare with our a mi.hln..v -nf ri 11 rati on. the Greek fathers and Roman mothers pro duced a classical eaucation umi .u lutely dominated the world for a thou sand years, and even today dominates the world's idea of culture." he said. Dr. Berle would oppose all methods of education that would produce their ef fects by means of stimulus of the in- i .. ( . . -1 .kniMllv hut hjft would DrO- vlde for the child Information that would, by natural means, increase nis intelligence and ability to think; it-i . m,iAiitv nf thA tiii nil k In the public schools of today do not come even within signt ot me aeusnui i study. Instruction made in the proper ........ tvimicfh thA nprsonal rela tionship of Instructor and pupil, would be the education worm wnue. Dr. BerHe's eldest son entered Har vard at the age of IS; led his class de bating team to victory over Tale; won the historical prize his second year, and in his third year- he . completed the - 1-, ,,, vASLrn won honors on the college debating team. Bis younger brother, agea 11. is now urning pre liminary examinations for entrance to u.- ni hnth their sisters have passed examinations to Radcllffe. "Do not say prooegy to me. oo nr Karl. "Prodegles do not come four In a family.'' r j that ti nnr V) f ft nad HO UTCioawi " " -- been demonstrated that youths of lz to Is can pass entrance ejMimiu. it - .11 Av-. Maw TCnsriand It Is IU CVl.cso. " - ' being found that there are scores of children just as capaDie w work when their studies are properly planned for them. - PASCO STOCKYARDS, PLAN $3,000,000 Plant Proposed by Cap italists Is Report. t . SPOKANE, Wash., June 25. (Spe cial.) Promising to effect the whole Inland Empire with a greater demand m k. feMtra a TvH h.v. and lor cavilic, oiiwj'i " n dispensing with heavy weight losses now incurrea Dy siucm ioc. ... ---. T7..- .,v.ti la 000.000 ping XU ABBiciii i,,. . , packing-house plant and stockyards is to be constructed ,ai rra, i;uiu.ua I-..H...IAT1 -ranch In a- Knokane; f rom IU llliviiua.'vu the Franklin County capital today. Stockmen ana cpuauis ui . i - r,mr nntsnt are mgron. loaiw. v. , - declared to be behind the project and it is reported that sufficient capital tor carrying out. tne pin " """"' been assured. - The plant is to be operated Independ ently of any of the packing trust con cerns. The Identity of men behind the new enterprise Is being kept secret at this time and men of the packing in dustry of Spokane state that they have received no information concern ing the matter. It is stated that present plans are for the beginning of construction work on the Fasco plant during the coming F"1L - SALOONMEN ADMIT GUILT Newport Men Fined $125 and Costs Following Compromise. ..nrmT1' n Juno SB. (Snecial.) I v.. ' . . Following an agreement yesterday between tne vity uounm u , representing the saloonkeepers of this city, charged with selling liquor to minors, the defendants pleaded guilty before Police Judge Jenkins and were fined 125 and costs. : v The Council, by a vote of four to three adopted a resolution agreeing not to revoke the licenses of the saloonmen If they would plead guilty. There Is bitter feeling here against the manner in which the saloons have been conducted in the past and an ef fort will be made in the Fall election to- vote the city "dry." - OLD SCHOOLMATES MEET Vancouver Man Renews Acquaints nee With Friend. VANTX3UVER. Wash- June 25. Spe cial, i After a separation of nearly half a century, when they were school mates together in Watertown. Wis., Daniel E. Crowley, postmaster of this city, today had the pleasure of a visit with John J. Jones, of Milwaukee. Wis, his former schoolmate ana teacner. Mr. Jones, now 68 years old. was one of the older boys in the country school. nrf Mr. Crowley, now 5 years oia. was just entering school. Jones went away to college and later returned and taught Mr. Crowley a class live- years. Army Men Off for Fishing." VANCOUVER BARRACKS. . Wash June 25. (Special.) General Mans, commander of. the Department of the Columbia, and Major Fleming. Adjutant-general, with Lieutenant Edward G. McCleave. aide-de-camp, and Lieu tenant Colonel Cabell have gone to Ta colt. on the Northern Pacific branch, on a few days' fishing trip. PETITIONS r.lAtlY BUT SIGNERS FEW Suffragists, So Far, AreiOnly ' Initiators to Qualify for : . Place on Ballot. BLUE SKY AMONG FAILURES Governor's Pet Measure for Abol ishment of Capital Punishment Seems Doomed to Be Among 1 , the . Missing. . . , ' SALEM. Or.. June 25. (Special.) The "C Q. D." sign of distress has gone out over the State of Oregon from promoters of initiative petitions who desire to see their measures come be fore the people In November. With predictions on every hand that the ballot of 1912 would exceed in length and number of measures all ballots that have gone before since the initiative and referendum came in to vogue, the circulators of the peti tions are now face to face with a new enigma the people. With only eight days left in which to have their petitions legally filed at the office of Secretary of State, pe tition promoters are becoming alarmed. On every side is heard the cry that the people will not sign. "Blue Sky" Bill Amonf Neglected. Good, bad or Indifferent, the meas ures seem to fail to arouse the en thusiasm that, was manifest in the past Corporation Clerk Babcock, from the State Capital, is sending forth pleas to -the people to come forward and af fix their signatures to the petitions which will place the "Blue Sky" bill on the ballot. The promoters of the bill to abolish capital punishment are finding that they overstacked their cards when they declared that no money would be need ed to circulate the petitions for that bill. Even though it Is backed by all the force and powers of the administra tion, with the stamp of approval from Governor West written all over It in speeches, communications and execu tive proclamations, the people will not sign. The administration forces have now reached the position where they are taking collections to hire paid circu lators to secure names on the bill. Names Mast Be "Bought." The plan to place the State Printer on a flat salary was launched under the same conditions. Declarations were positively made that no names would be "bought" for these petitions. Recently strenuous efforts have been made to secure money for circulation of the petitions. , The only Initiative petition so far on file for a general vote of the state is that which places on the ballot a meas ure to amend the constitution and give to women the right of suffrage. Oth erwise there are no initiative petitions on file here yet. There are one or two local measures such as single tax for Clackamas County, or to stop Harney County building -a courthouse, but oth erwise the people have refused to show the same alacrity to sign, anytnmg or everything that they did in toe past. Some of the promoters oi petitions declare that by July 4, they will have a sufficient number of signatures. But from the failure of the people to read ily respond it is a safe prediction that the ballot, which the initiative-hungry have prophesied as the longest in the historv of the state, win suner a oe cided slump when the names are finally counted. MARION HITS "BLUE SKY" Taxpayers Name Independent Ticket, Oppose Expenditure Projected. SALEM. Or., June 25. (Special.) The third party sentiment permeated Marlon County politics today when the Marion County Taxpayers League, with 15 representatives here, met today and named an independent county ticket. The league also went on rec ord as opposed to the "Blue Sky" bill, claiming that It will create a new com mission which will mean the expendit ure of $25,000 the first year and $20, 000 each year thereafter. The ticket which was nominated in- eludes some Republicans who are now Incumbents or candidates, some Demo crats who are candidates' and others who have been selected as independent candidates. . - The ticket Drooosed follows: Legislative ticket. House of Repre sentatives W. H. Downing. Shaw, Democrat; Francis Feller. Woodburn. Democrat; Joseph Baumgartner, Salem. Democrat; M. L. Jones, rirooKs, itepuo llcan; George Weeks. Salem, Republi County ticket A. D. Huddlestone, County Judge. Democrat; G. W. Hun- akr County Commissioner, Demo crat: James R. Coleman. County Clerk, Democrat; J. E. Ziegler. Sheriff, Re publican; J.' G. Moore, County Treas urer, Republican; George Swegle, Coun ty Assessor. Democrat; H. L. Clark, County Recorder, Independent: Byron H?Tlrk. County Surveyor. Republican; W. M. Smith, County Superintendent, Republican; R. D. Byrd, County coro ner. Democrat, POISON CANDY EXPLAINED Rav Weaver Sent ' Drug Because Idaho Girl "Wa in Trouble." WALLA WALLA. Wash.. June 25. (Special.) Admitting that he sent "oil of tansy" through the mails to. Lena Rn--ra. who. he says, "was In trouble. Ray Weaver, the Idaho youth arrested here yesterday, cnargeq wim me mur- Nowadays the very best shoes are' scien tifically made for you; same with ihe very f . . best clothes. CJ.MATHIS&CO. I Men's Clothes Shop' 1H9 Sixth Street der of the girl, was taken to Shoshone County today to stand trial, The Coroner's jury found that the girl came to her death by poison and she died an hour after receiving a box of candy through the mails. " "It was Ignorance on my part," said Weaver today. "The girl thought there was something the matter and I sent her the inedicine. I did not know of tha rieath of Miss SDeers till yesterday. when the officer came after me. I did not know the seriousness of the mat ter, and had. I realized the trouble it was going to make, I would have mar ried the girl." ACTS MAY BE NULLIFIED Case Against Port of Tillamook "Re manded to Lower Court. SALEM. Or.. June 5. (Special.) One of the Indications that theacts OI tne run OI luiamuua uj vis " . litles as a result of the recent Supreme Court decision that the Port of Tilla mook officers improperly are holding their offices, came today when the higher court reversed the case of W. H. and Eva M. Leach against the Port ot Tillamook and remanded it to the lower court. This was a suit to -remove a cloud from title to real estate, created by the officers of the Port of Tillamook- in levying a tax and was to enjoin such proceedings. A demurrer to the .com plaint was sustained In the lower court and the suit was dismissed, but in the opinion by Justice Bean today the suit is sent back for hearing. Other cases decided today, were: Waolav T. Porter and others, appellants i- oanre-a w. Small. resDondent. and John C. Porter, by James C. Porter, his guardian, appellant, vs. George H. Small. resiiondnL Appealed from Lake County. Georse Nolan, judge; petition for rehearing modified in an Opinion by Justice McBride. . James Balnes, respondent vs. jiaraiiueiu & Suburban Railroad Company, appellant; appealed from Coos County, J. W. Hamil ton, Judge; affirmed in an opinion by Jus tice Moore. By this opinion the company Is enjoined from operating cars on a public blghv-ay in Marshfield, E. L. C. Karln and J. M. Upton, respon- denta va William C. Matthews, appellant. and Belt Line Railway, ana otners, ae- fandants: anDealed from Coos county, jonn S. Coke, Judge; reversed in an opinion by Justice Burnett. This was a salt relative to land for attorneys' lees ana tne suit is dismissed- INDIAN ROBBER IS CAUGHT Storekeeper Surprises Party and Later White. Man Is Jailed. OREGON CITY, Or.. June 25. (Spe cial.) A .party of Indians led by a white man robbed the store of A. E. King, at Mount Pleasant, last night. The men were surprised by Mr. King, who captured Harry Clark, an Indian, who was recently paroled by Circuit Judge Campbell after having been sen tenced to seven years In the peniten tiary for robbery.. Sheriff Mass and Policeman ' Jack Frost went to Mount Pleasant early this morning and brought-Clark to the county jalL' -.. He said that John Howell, of this city, planned the robbery. Howell was ar rested shortly after in his home. He was hiding in a closet. He also was sentenced to serve a term in the peni tentiary several years ago, but was pa roled. F. R. Andrews, who lives near the store, heard the noise made by the crashing of a window and notified Mr. King, who seized a gun and arrived in time to Intercept Clark. The other men escaped in a thicket. INDIAN' BODY EXHUMED Father of Drowned Lad Makes Trip to Oregon City. , '? OREGON CITT; "Or.. June 25. (Spe cil.) Joseph Henning. one of the best known Indians of the Warm Springs reservation, and about 15 of his follow, ers came to Oregon City today to- get the body of Hennlng's son, Henry, who T hree e .Boy Blouse ay Sale Waists Thursday, Friday and Saturday we place on special sale all our Boys' 50c Blouse Waists. These are not sale goods they are from our regular Spring stock; splendid, serviceable waists that will both wash and wear. There are many beautiful patterns as well as solid colors. Gome and select all you want at the special price of 35c This special price lasts only three days Boys' Shop, 2nd Floor Please take elevator EMM LLIM G Leadlkag CloftMeif SON STREET AT FOURTH was drowned In the Clackamas River last Fall. The body has been ex humed and will be taken to Warm Springs today. Henning's son disappeared while his party were' camping in Gladstone. Af ter a search of several days his father was informed that the young man had returned to Warm Springs. The lather, on horseback, hastened to the reserva tion, but found his son had not ry- turned. Without waiting ' to eat, the parent returned to Gladstone, the entire-trip of 200 miles having been made in two days and two nights. He was exhausted when- he returned. A few weeks later the body was found in the river. Eugene Plans to See Albany. EUGENE, Or., June 25. (Special.) The Eugehe Commercial Club has ap pointed G. W. Griffin, T. D. Henslll, F A. Rankin, Jack Rodman and L. R Flint a committee to arrange for a Eu gene excursion to Albany for th Fourth of July-Oregon Electric cel bration. - Something newi In university profespos chips is a "chair of copyright." which is te be established at the University ot Leif ste. ' v- - M 3t ' mma &t - 1 CAR RIOUETS. THE IDEAL SOLID FUEL Ideal for Furnace, Boiler and Open Grate. A Fuel That Gives Off Intense Heat a Fuel That Lasts ...... - v A Carbon Briquet Fire in an Open Grate Requires No Watching or Replenishing It Will Last All Evening ALL HEAT-NO ASH Our Storage Capacity Is Limited and to Take Care of Our Present Output We Are Making SPECIAL SUMMER PRICES FOR IMMEDIATE DELIVERY 20 Tons or Over . , . . $8.00 5 to 20 Ton Orders $8.50 Less Than Five Tons $9.00 OrferrfertOtontror more will belclivereditt5-ton loU subjectto your order. Phone as today, Main 6500. A 627 4 PORTLAND GAS & COKE COMPANY G3 106.o"Ti i I