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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Jan. 14, 1914)
TTTF, JTVRVTXO OTTFCtONTAN. WEDNESDAY, JANUARY 14, 1914. " WATSON LOSES AND TREASURER UPHELD was the loss at all serious. This was caused by the fire In the basement and first floor of the Oddfellows building last February, when a loss of $15,000 was sustained. Operation of the fire department for the year cost $6211, of TENINO SCENE OF DOUBLE TRAGEDY which $1100 was for new hose. Another Gr eat sacrifice OREGON CITY TRIAL OPENS Harry Clark Facce Charge of Killing High Court Says Corporation Official Cannot Employ Special Counsel. Last Chief of Molallas. OREGON CITT. Or., Jan. 13. (Spe M. C. Cole Kills Dr. C. E. Rob son, Family Doctor, Then Commits Suicide. on Women9 ? 'Hit cial.) Harry Clark faced trial today in the Circuit Court on a murder harere growing: out of the death of Indian Henry Telkls at Molalla last Summer. o Testimony was introduced to show that Clark and Henry had been drink OPINION IS FAR REACHING CAUSE IMAGINED. IS BELIEF ing heavily during the day and there was a hint to the effect that the de fense would try to show the old In o Every Garment ISLnst Go Before I Vacate Broadway Building Jan. 31 It seems a pity to sacrifice such elegant Tailored and Dressy Suits for less than actual cost to make, yet I have no other alternative! These final "Clear the Store" reductions go in force today: dian chief had died of lieart disease and that Clark had nothing whatever to do with his death. State Department Heads Blast Not Hire Permanent Legal AldL tJn- less Provided ' by Legisla tive Enactment. Quarry Employe Believed Victim The case will be continued tomor row before Judge Campbell. Henry Was Pnylng Attentions " to Wife and Became Insane Is Theory. Eye Witnesses at Shooting. was the last chief of the Molallas and was found dead on a dusty county road near Molalla several months ago. Clark was the last man seen with him. SALEM, Or., Jan. 13. (Special.) As signing four valid reasons for so hold ing, tho Supreme Court today. Justice Burnett writing the opinion, decided that Corporation Commissioner Watson could not legally employ special coun sel and that State Treasurer Kay was justified In declining to honor the war rants of Claud McColloch. State Sen ator, who had acted In a legal capacity for the Commission. The court held that the Attorney General and the District Attorneys shall be the legal advisers of the state officials and commissions, that as State Senator Mr. McColloch is holding one lucrative state office and cannot hold two, that he cannot be appointed to a state office created by an act of the Legislature of which he was a member, and that the functions of the corpora tion department pertain to the ad ministrative department of the govern ment, in which a member of the legis lative department is forbidden to par ticipate. The opinion will put an end to the employment of permanent special coun sel for state officials or departments unless provided for by legislative en actment, as In the case of the State Railroad Commission. Mr. Watson con tended that Senator McColloch had been designated an assistant commissioner, but the evidence showed that the ap pointee actually performed legal work for the commission. The court dis missed a writ of mandamus to compel the State Treasurer to honor Senator uMoColloch's warrants. Ha was cm ployed at a salary of $125 a month by the corporation .department and a sal ary of $125 a month by the State In dustrial Accident Commission, but in view of the decision it is believed that no effort will be made by him to obtain compensation for work for the latter commission. Senator McColloch, representing Baker County, was Governor West's chief lieutenant on the floor of the Sen ate at the last session of the Legis lature, and it has been alleged his ap pointments by the commissions were in the nature of payment for political services, Mr. Watson having been pro moted by the Governor from ills pri vate secretary to Corporation Commis sioner, and the Governor having an pointed the members -of the Industrial Accident Commission. The opinion says in part: "There is a further reason for not up holding the claimant in the situation Involved. It is said in section 1, article 8, of the state constitution, that the pow ers -of the Government shall be divided into three separate departments, the legislative, executive, including the ad ministrative, and the judicial; and no person charged wth official duties in one of these departments shall ex ercise any of the functions of the othr, except as In this constitution expressly provided. In any view of the case .ne functions -of the Corporation Commis sioner and his assistants, including stenographers and - clerks, pertain to the administrate department of the government, in which a member of the legislative department Is forbidden to participate. "The claimant was not authorized to accept the appointment or perform the duties mentioned in the writ. He could not. therefore, properly or lawfully claim the compensation annexed to that appointment- The warrant of tbe Sea vetary ot State Issued In payment thereof is not binding upon the State Treasurer, who, under the questions appearing in the record, was justified In refusing to pay the same." The other decisions were: est Oregon Lumber Company, ap pellant, vs. Martin Penny, an appeal from Multnomah, suit to recover money; judgment affirmed. E. R. Hanan. appellant, vs. S. A. San ford et al appealed from Douglas, suit in equity to enjoin the prosecution ot an action at law; ariirmed. S. S. Johnson vs. Miami Lumber Com pany, appellant, appealed from Tilla inook, action for fees for legal serv Ices; affirmed. . a illiam L. BorthwicK, appellant, vs. J. E. Johnson, appealed from Multno man, suit to quiet title: reversed. Astoria Southern Railway Company appellant, vs. Paclflo Surety Company appealed from- Multnomah County, an action to recover on a surety bond; af firmed. - L. V. Keady, appellant, vf. Hattie L. L. Martin, appealed from Multnomah, action to recover dower; affirmed. In the matter of the assignee assign ment of the Standard Cafeteria Com pany, an insolvent debtor, vs. Standard Cafeteria Company, appellant, appealed from Multnomah and involving a claim against it; affirmed. V. J. Cook et al. vs.! J. T). Gordon, appellant, appealed from Multnomah, action for a broker's commission; mod ified. Roy Fisher vs. ' Portland Railway, Light & Power Company, appellant, ap pealed from Multnomah; motion to dis miss appeal denied. R. M. Vaughan vs. Canby Canal Com pany, appellant, appealed from Mult nomah, suit for the -cancellation of a Judgment; reversed. Richard Willis et al. vs. Horticultural Fire Relief of Oregon, appellant, Bult to recover on a fire insurance policy; reversed. Petitions for rehearinx were denied in Simpson vs. Durbin, Wilson vs. Pe terson and McFarland vs. Carlsbad Hot Spring Sanitorium. i ' i' s ) i ft f x jr f I .r -f i Coos County Pioneer Has Birthday, MARSH FIELD, Or., Jan. 13. (Spe cial.) Esther M. Lockhart, - who came to Coos County in 1853, today celebrat- TENINO. Wash., Jan. 13. (Special.) M. C Cole, a former ealoonman. but recently employed at the Hercules ALBANY HIGH-SCHOOL DEBATERS OUT TOR STATE HONORS AGAIN Archer Leech. Margaret Gtbaoa, Ruby Moescku Miles BIcKey. ALBANY. Or.. Jan 13. (Special.) The success of .the Albany High School debating. team in its initial contests this season indicates that the school has one of the strongest teams In its nistcry ana nae a cnance to win ine Cham pionship of the Oregon High School Debating League, which it won two years ago. In the opening series, which was a triangular aeoate witn me mgn schools of Corvallis and Lebanon, Albany won with both its affirmative and negative teams, and the remarkable part of the victory was that both teams won by a unanimous decision. This year's debating team is composed of . Miles McKey, Ruby Moencn, Archer Leech and Margaret Gibson, all of whom are prominent students. ed her 89th birthday in this city. Mrs. Lockhart and her husband settled on the land where North Bend now stands when they first arrived here. Clatsop Election Unique. CLATSOP, Or.. Jan. 13. (Special.) With no ticket In the field and not one of the trustees elected having made an organized campaign, the voters of this town were today handed blank ballots and selected from their citi zens the following officers for the year: Trustees John Waterhouse, Fred Poole and Dan G. Malarkey re elected and C. N. Benentt and J. W. Burgess to succeed G. Reese and J. Chadwick: Recorder, Robert Poole, and Marshal, H. Behenna. The tax-levying power of this municipality is limited to i mill per annum. "111 Military Tournament Planned. UNIVERSITY OB WASHINGTON, Seattle, Wash., Jan. 13. (Special.) Assurances were given today by Lieu tenant McCammon, commandant of the cadet corps of the University of Wash ington, that the cadets would partici pate in the military tournament to be held at the Panama-Pacifio Interna tional Exposition at San Francisco in 1915. An invitation has been extended to all the universities and colleges of Oregon, Washington and Idaho to par ticipate. Range Bncks Ordered Inspected. SALEM. Or, Jan. 13 (Special.) Having been advised by the state vet erinarian that scabies exists in virtu ally all other states. Governor West to day issued a proclamation preventing tho importation of range bucks until they have been thoroughly inspected and dipped twice. The proclamation does not apply to bucks intended for immediate slaughter. School of Commerce Planned. UNIVERSITY OF WASHINGTON, Seattle, Wash.. Jan. 13. (Special.) A course in commerce, to include the subjects embraced in transportation, banking' and public service, will be in cluded in the curriculum of the State University next year, according to ar rangements made at a recent faculty meeting. WILLAMETTE UNIVERSITY HAS ' SEW FACULTY MEMBER. WILLAMETTE LEVY VOID Permanent Injunction Granted Against Collecting 'School Tax. OREGON CITY, Or., Jan. 18. (Spe cial.) K. O. Levens was granted a Termanent injunction against J. B. Jack, County Assessor, preventing the latter from delivering to the City of Willamette the tax books and records of the levy made for school purposes. The plaintiff alleged that only two members of the School Board were present when the special election was called to vote the 7-mlll levy for schools and that the levy was unnec eary and not needed by the district. , J$ v. . ,v j: ; -r ... . fjiijr 1 ( - ' r 4lf- . :; Ty"" ' - 1 " t v :; s . j , , LnW.amium jAx i- nil- - inn, m i stone quarry, today shot and instantly killed Dr. C. IS. Robson, and then turned the revolver on himself and committed suicide. Jealousy was given as the cause. J. F. Canon, an insurance man, had talked with Cole but ml few minutes be fore the double tragedy. Mr. Canon had gone to the Cole home at Mr. Cole's request to make measurements of two houses for purposes of insurance. They measured the houses and Mr. Canon started up town. He had gone but half a block when he heard two shots fired. Turning he saw Dr. Robson on the ground with Mr. Cole bending over him In the act of shooting again. Dr. Robson was shot first through the head, and after he had fallen Mr. Cole fired again three times. The first shot killed Robson. Tragedy Thoroughly Planned. Making sure that his victim was dead. Cole entered his house, the killing hav ing taken place immediately in front of his residence. Telling his w'fe good by, at the same time taking some $700 from hs pockets, Cole threw the money L. on the bed, went out cn the front porch and killed himself with the same weapon he had used to kill th doctor. Evidently Mr. Cole had ""ir-ht out his plan thoroughly. He visited Cen tralia this morning and there purchased a new automatic revolver. He drew his entire bank account and p- -very bill he owed. There were at least half a dozen eye witnesses to the shooting. Mr. Cole had for three or four months held a delusion that his wife and Dr. Robson were on intimate terms. Mr. Cole was 61 years old, his wid ow is much younger. Mrs. Cole was popular with Tenino young people. Victim Family Physician. Dr. ' Robson was the family physi cian. All who know Mrs. Cole and who knew Pr, Robson are strongly in their favor and hold them blameless. Mr. Cole Is reported to have told his wife he Intended killing Dr. Robson before the day ended, but she thought it only a bravado threat. Mr, Cole Is reported not to have slept at all last night, according to members of his family, and to have been in an ab normal frame of mind for the past three or four months.- Dr. Robson is survived by a wife and daughter, 4 years old. His mother and sister live in Boston, Mass., from which city he moved to Tenino about seven years ago. His body is being held pending their arrival. Mr. Cole is survived by a wife and three children a son 19, a daughter 17, and another son IS. The bodies of the two men were left where they fell after the shoot ing until Coroner btlcklin could come from Olympia, which was several hours after the tragedy. Meantime friends covered the body of Dr. Robson to pro tect It from rain. nits j Second Floor Broadway o o 17.50 21.50 S 29.50 Second Floor Building, Broadway and Morrison il l ftl EASURES UP nUSTIHG IS THREATENED MINORITY MEMBER OE" PENDLETON BOARD MAKES NEW MOVE. Attack on Two on Water Board to Be Blade in Court on Ground of Insufficient Tax Payment. Eugene Has 91 Fires in 1013. EUGENE, Or., Jan. 13. (Special.) Ninety-one fires in Eugene during 1913 caused damage estimated at 1 27,150, ac cording to the annual report of Fire Chief Croner. filed with the City Coun cil last evening. In 73 cases the loss was merely, nominal, and in but one Professor Wallace MacMnrray. WILLAMETTE UNIVEK SITI, Salem, Or.. Jan. 13. (Special.) Willamette University has se--cured Professor Wallace Mac-Murray,- A. M., to take the de partment of English and public speaking. Miss Wlnnlfred Davis, who has had charge of this work, had not been in the best of health, and resigned just before the Christmas vacation. Professor MacMurray has made a special study of the drama,, both medieval and modern, which study included not only the drama as literature, but its technic and interpretation as well. He has also had advanced courses in composition and rhetoric, debate and oratory, as well as special work in interpre tatlon. President Craig, of Morning side College, where Professor MacMurray taught last year, says: "He is & brilliant man, with unusual equipments. His popu larity with the classes was un bounded." Mr. MacMurray has had a great deal of experience In training students to take part in debates and oratorical contests. i I s I Washington Uses Initiative and Referendum First Time. NINE PROPOSALS IN VIEW Eisht-IIour IJaw, Stat Prohibition and "Drugless Physicians' ''Act Submitted and Consolidation of Boards May Arise. PENDLETON, Or,, Jan. 13. (Spe cial.) After laying the foundation for Circuit Court proceedings Dr. J. A. Best, minority member of the Board of Water Commissioners, announced he will oust Will Moore and Marlon Ju-ck from the board. At the annual meet ing he served them with affidavits showing neither is paying city taxes on S2600 worth of city property, this being one of the charter requirements for membership on the board. On this ground he challenged their right to participate in the meeting and when City Attorney Carter ruled they could hold office until they were formally ruled out by the courts. Dr. Best an nounced he would take the matter to the Circuit Court. This is a sequel to a long ouarrel in which Dr. Best, opposed to the In stallation of the gravity water system now in course of construction, has been opposed by the other four mem bers of the board. They have accused him of attempted graft and he has ac cused them of, misappropriating then water funds. A recent report by the Council and experts completely exon erated the. majority members. That the city is divided by the quar rel is evidenced by the fact that while two of the four members were re turned to the board at the recent city lection. Best was also re-elected by a big majority. - OLYMPIA, Wash., Jan. 13. (Spe cial.) With three initiative measures already submitted for filing, and at least six others being prepared, Wash ington voters may be confronted with a considerable list of proposals on November 3. when the initiative and referendum will be .-brought into ac tive use for the first time. The measures so far submitted under the initiative are a statewide eight hour law, a statewloe prohibition law and a "drugless physicians" act. The first was submitted by W. H. Kingery, Socialist member of the Leg islature, and is a Socialist party meas ure. The only exemptions are in case of emergencies and for farmers, who are to be allowed to work labor 10 hours if the law goes into effect. Kin gery is a farmer. The Anti-Saloon League submitted the state prohibition measure and the Washington Association of JDrUB-Je Physicians the measure whicS bears their name. It provide for the crea tion of a stat board of health ex aminer to consist of ' two mechona therapists, two suggestiv. therapists, two chiropractors, one food scientist, one naturopath and one physcultopath, to administer examinations and award permits to practice these modes of healing. State Senator Phipps, acting as attorney, for the drugless physi cians, submitted this measure. The six measures which the State Graneres. the Farmers' Unions, the Stat Federation of Labor and the Dl rect Legislation L'eague propose to initiate would rrovide for the consoli dation of practically all existing state boards and commissions, aboiisn pri vate employment agencies, add a "first a.id" clause to the workmen's compen sation act, provide a new good roads law. "blue sky" law and statewide non-partisan primaries. The four or ganizatinns interested will hold a meeting at Seattle this week to decide on their procedure. s In addition two referendum meas ures and one constitutional amend ment will be on the ballot next Fall, One of the referendum measures au thorizes Issuance of state bonds to the extent of 140,000,000 for the Qutncy reclamation project; the other is the teachers' retirement fund act. Both were referred by the Legislature. The constitutional amendment amends the stringent provisions of the constitu tion barring aliens from ownership of lands. Any initiative measure, to get on the ballot this year, must be accompanied by petitions bearing- the signatures of 33,000 registered voters, jno paid pen tion circulators may be used. Glenwood & Brooks Company, private bank, Goldendale. Several road districts, the bureau states, have spent in excess of 80 per cent of the levy for the year and war rants issued in excess of this amount are illegal. The bureau recommends that the number of road districts be cut down, there being 17 at the pres ent time. A bathtub should be provided for prisoners in the County Jail and a motorcycle for the Sheriff, the bureau recommends. I WOMEN WILL AID NEEDY La Grunde Club Appoints Committee to Look After Helpless Ones. LA GRANDE, Or., Jan. 13. (Special.) Club women pf La Grande have ap pointed a committee from the Neigh borhood Club, which is to investigate and look after the Immediate wants of any person in La Grande who is without the necessities of life or the means of earning them. The commit tee will act with the Aid societies of the different churches and Mrs. E. Polack will direct the work of relief. Unemployed persons will be largely looked after. The Winter has been mild and but little effect of the un employed tVoubles has been felt, yet there are families In need, and among these especially it is that immediate attention will be given. soon be complete. It was thought best to utilize what furniture there was on hand rather than to wait for the arrival of the new, and the books and headquarters are located In the new $12,000 structure. Within a few days the new furniture will arrive and a house warming will follow. A delegation cent to Tahiti, Society Islands, by the t'rench minister of colonies, has rec ommended port Improvements tbere to coot $1,350,000 gold in order to meet tho big In crease in trade which it Is anticipated will follow the. opening ot the Panama Canal, KLICKITAT BANKS SCORED Suite Bureau of Inspection of Wash ington Makes Report. OLYMPIA. Wash., Jan. 13. (Special.) Complaints ranging in nature from failure of depositary banks to furnish legal securities to the absence of bathtub in the jail, are made by the state bureau of inspection, following an examination of offices of Klickitat County. The banks which, it is charged, are receiving county money and not pro tectlng tho county with sufficient se curltles are the Stat. Bank, of Golden dale; Charles K. Spencer, private, bank 14 NATIVE SONS REGISTER Oldest Llvins White Born VTest of Rockies to Vote in Linn. ALBANY, Or., Jan. 13. (Special.) Fourteen native sons of Oregon of Pioneer aays registered as voters in Linn County during the first week the bocks were open for registration for the 1!14 primaries anad election. Included in the number was Cyrus H. Walker, the oldest living white child lorn west of the Rocky Mountains, who CLU3 AFTER NEW MEMBERS Hoquiam Commercial Body Opens Campaign With High Jinks. HOQUIAM, Wash,, Jan. 13. (Special.) The Hoquiam Commercial Club has set in motion one of the biggest mem bership campaigns it has ever held, the campaign to close January 30, the annual meeting night. The membership of the club is now more than zoo and it is expected the present campaign will add more than 100. The campaign was started with high jinks for which the programme was a burlesque on the recent activity of Governor West and county officers at Copperfleld. Two sides have been chosen. The lesers will treat the win ners to a dinner. Judges Exchange Courts. VALE, Or., Jan. 13. (Special.) Judge Anderson, of Baker, has been in Vale the pasU week, taking care of the preliminary work of the Malheur County Circuit Court, in the absence of Judge Biggs, who had been called to Baker to try some cases In which Judge Anderson was interested. La Grande Library Ready Soon. LA GRANDE. Or.. Jan. IS. (Special.) The new Carnegie Library here will WHAT TO DO FOR NEURALGIA The one great symptom of neuralgia is pain; the one great cause is lack of nutrition for tbe nerves in plain lan guage, starved nerves. There are two things to do for any fSrm of neuralgia. Apply heat to the affected part to soothe the pain, and feed the nerves by taking a tonic con taining the elements needed by them, Heat, as afforded by hot flannel, hot water bags, etc., lulls the inflamed nerves into temporary quiet. It does not cure. Not until nutrition of the nerves is restored will the inflamma tion subside. Dr. Williams' Pink Pills furnish to the blood the needed elements and the blood conveys them to the nerves. The only way ot getting food or medicine to the nerves is through the blood. Remember that. Neuralgia is a', general term. It means inflammation of a nerve. It is given different names according to the nerve affected. Sciatica is neuralgia of the sciatic nerve. Application of heat will soothe the pain in all forms of neuralgia and Dr. Williams' Pink Pilla will correct the condition that caused It. Your own druggist sells Dr. Wil liams' Pink Pills and the Dr. Williams Medicine Co., of Schenectady, N. Y-, will send you r. little book on "Home Treatment of Nervous Disorders", for the asking. Adv, is a leEident of Price precinct, near Albany. Others who registered who were born in Oregon more than half a century ago are: H. II. Hewitt, ex-Circuit J wise of the Third district; O. P. Daniels. D. D. Hackleman. J. p. Isoni, w. il. Bowman, John Catlin and J. W. Ma -well, all of Albany; D. W. King, T J. Malone and T. J. Philpott. all of Hol ley; H, D. Height, of Knox precinct, near this rty; W. H, Hulburt, of Or leans precinct, near Albany, and K. C. Roberts, of Lebanon- Toucher Found Dead. DAYTON, Wash., Jan. 13. (Special.) Professor W. D, Fox, teacher of the. Mount Vernon School. on Kckler Mountain, waa found dead Saturday at Fichtenwald, the Summer home of It. E. Peabody, which he had leased for the school term. The body was sent to Waitsburg, where Professor Fox' family resides. 5r - a r-j '4 i - rr rn fP 9M "I mm mm fB H m-W I H K 1 TP ri m l B IUUB(E(CtlUUU B si e tt r re re ei wm wm r tsm-9 mrnmnmmm Your Interests Come First Confer With Uj Without Further Delay As to Your Space Needs Our slogan is i Not how much space can we rent to a tenant in the new Northwestern Bank Building but how best we can arrange it so tha'tenanU' interests will be best served. Leases Now Being Made NORTHWESTERN BANK BUILDING Gerlinger-Richards Co. Selling Agent EAST VIA Oregon -Washington Railroad & Navigation Co., Oregon Short Line, Union Pacific BLOCK SIGNAL PROTECTION ALL THE WAY TO CHICAGO Electric-lighted through trains. Steel coaches, standard and tourist sleepers, dining and observation cars, courteous employes Everything necessary to safe and comfortable travel. Leaves Union Depoi Oregn-Washineton Limited 10 :00 A. M. Portland and Puget Sound Express 6:40 P. M. Salt Lake Express 12:30 A. M Soo-Spokane Train de Luxe; via Spokane, Canadian Pa cific and Soo Line 9:00 P.M. For Information, Tickets, Berth Reservations Call at our CITY TICKET OFFICE Third and Washington Streets. Phones Marshall 4500, A 6121.