THE MORNING OKEGONIAN. WEIJNESIJAY, OCTOBER 21, 1914.
5
DECISION
Mau
i
i
ir
lilHI MIL
SWEEPING RESULTS
Status of Mr. Holman as Head
of County Commission Is
One Question Raised.
JUDGE CLEETON IN DOUBT
Jurist Does, Not Know What Is Full
Erfect of Opinion, But Believes
Acts on Bench Are Valid.
County Faces Jumble.
wore a dark dress and Ions black ear
rings. Following their marriage by a
Justice of the Peace they dined at
the Hotel St. Elmo and left tor Port
land, accompanied by their witness.
S. Kubota, who save his residence as
409 Everett street.
It is understood here that this cou
ple is the same that recently were re
fused the right to marry in California.
Nothing daunted, the ceremony was
performed on the high seas. Return
ing to California they were told that
the state would not recognize their
marriage under the circumstances.
That they threatened to be married at
Vancouver is the basis of this report.
Others securing marriage licenses
were: Paul Korntop and Fannie Find
lay; Orval S. Hite and Edna M. Fuller,
of Portland; Jacques Schneider, of
Portland, and Synneve Rydal, of Ta
coma; Milton C. Pennington and Mrs.
Elizabeth A. Roberts, of Seattle, and
Merl I. Downing and Luella. F. Hicks,
of Vancouver.
COHEN TRIES LAST HOPE
CONVICTED ATTORNEY NOW SEEKS
HABEAS CORPUS WRIT.
That the Legislature of 1913 in at
tempting to change the jurisdiction of
the Multnomah County courts created
a jumble that its members little imag
ined appears now to be the case, fol
lowing the most recent decision of the
Supreme Court, rendered yesterday, on
the act which created a new Circuit
Court department for Multnomah Coun
ty and promoted Judge Cleeton from
county to circuit bench.
Judges and attorneys at the Court
house yesterday were filled with sur
mise on the results of the decision.
They did not pretend to discuss its full
effects until they have a chance to
read It, but newspaper reports sent
out of the gist of the ruling filled
them with dire forebodings.
Some Reaolts Suggested.
They believe it abolishes Department
6 of Multnomah County Circuit Court,
returns Circuit Judge Cleeton to the
status of County Judge, does away
with the position for which C. U. Gan
tenbein is a candidate at the coming
' election, and ousts Chairman Holman
from the position of chairman of the
Board of County Commissioners. Fur
ther, it is declared by those who dis
cussed it, as it is now too late to nom
inate candidates for the position of
County Judge one may be elected only
by voters writing in the names of can
didates on the ballot.
That in passing an act that affects
the jurisdiction of the courts the Leg
islature came into contact with a tenet
of the state constitution, is held to be
the fact. Since Department 6 was
never legally created and the court
presided over by Judge Cleeton was not
formed by proper authority, his acts as
judge are seriously called into question.
County Commission Affected.
The same doubt attaches to the acts
of the County Commissioners since
Chairman Holman took office, in June,
1913. It is questioned that the Legis
lature had the power to name him to
fill the vacancy in the Board of County
Commissioners, when, if Judge Cleeton
was still County Judge, no vacancy
existed. Will the business carried on
bv the Commissioners since June of
last year now be null and void? Was
Commissioner Holman not entitled to
his salary of 3 a day during all that
time, and will he be required to pay it
back to the county? How about ap
pointments of lesser county officials
and the disbursement of large sums
of money by the Commissioners during
the period that Mr. Holman nas oeen
in office?
These are questions that were being
asked and nobody was certain of the
answer, although there were many
arguments on all sides of the various
aspects of the whole tangled situa
tion. Candidates Are Too Many.
In the event Judge Cleeton is still
County Judge, and it appears from the
decision that he is. each of the political
parties which nominated candidates for
the two County Commissionerships
will have two candidates running for
only one vacancy. Which, for instance,
of the Republican candidates, Mr. Ho
man or Philo Holbrook. will be entitled
to the election to fill the vacancy that
will be caused by the expiration of
the term of Commissioner Hart?
County Clerk Coffey last night de
cided he would not alter the official
ballot unless he received a court order
to do so. He said:
"The ballots for the November
election must be printed at once, as
the law says they must be delivered to
the various election judges starting
next Tuesday morning."
'I have not seen the full opinion yet
and until I do, I am at a loss how to
proceed," said Judge Cleeton. "Unless
the opinion in full sets forth clearly
what cases I should handle, if any, I
shall not undertake any more court
business, but will go to Salem and have
a talk with the judges of the Supreme
Court to determine what I shall do.
Acts Valid, Judge Believes.
"I believe my acts' either as Circuit
or Probate Judge, are valid for the
reason that I have been acting by an
act of the Legislature under color of
authority. Controversies have been
submitted to me and I have determined
them. I believe my acts will be valid
because I have been acting at leeast
as a de facto court.
"I don't think I will act either in
th Circuit or Probate courts until
it Is decided what the opinon just
rendered directs. I want to do what
1 can to help the situation and not
to confuse it."
"From newspaper reports of the Su
preme Court decision." said District At
torney Evans, "it appears it is held
there is no Department 6 of the Cir
cuit Court, as the law was unconsti
tutional and Judge Cleeton was never
translated from the Probate to the Cir
I'uil Court.
Mr. Holman's Status Is Question.
"The question then is as to the status
of Chairman Holman. of the County
Ctrmmissioners. The language of the
act by which he took office is that he
was named to fill the vacancy exist
inn by reason of the promotion of
Judge Cleeton.- Is Mr. Holman County
Commissioner? The decision, it ap
pears, does not mention that matter.
"Some procedure must be taken to
determine the status of Commissioner
Holman and how to proceed in this
vexing situation. In these cases an
action similar to a quo warranto pro
ceeding must be brought and the Dis
trict Attorney is charged with the duty
of bringing it. We will probably file
such an action with the Supreme Court
very soon.
"I was unable to reach Mr. Holman
today, as he was out on the Columbia
Highway, but I am sure he would ask
that a friendly suit of this nature be
brought.
JAPANESE WEDS WHITE
Vancouver Ceremony Likely Xbat of
California Couple.
VANTCOUVER, Wash., Oct. 20 (Spe
craJ.) Arthur S. Goto, a Japanese, and
Haselle Baker, a white woman
years' of age, on their arrival from Los
Angeles were marlred here Monday.
.Mr. uoio is . years old. tie was
dressed in American clothes, wore
gold-rimmed glasses, and wrote an ex
Ex-Senator Bailey, of Texas, Retained
to Wage Fiskt Supreme Court Ap
prove Lawyer's Disbarment.
On receipt of a' telegram yesterday
from Solicitor-General Davis at Wash
ington, saying that Max G. Cohen, a
disbarred Portland attorney under sen
tence for subornation of perjury, had
retained ex-United States Senator
Bailey, of Texas, to petition the United
States Supreme Court for a writ of
habeas corpus. Deputy United States
District Attorney Rankin decided not
to notify Mr. Cohen s bondsmen tb have
him appear in court for a few days at
least, or until the court has decided
upon the petition.
The United States Supreme Court
ruled Monday that it would not review
the case against Mr. Cohen. The aoDeal
for a writ of habeas corpus is the last
recourse Mr. Cohen has and it is re
garded as hardly probable that the
court will grant the writ since it has
repeatedly held that habeas corpus an
plies to the legality of arrest, but that
it does not permit a review of the case.
If the petition fails it is reported that
a plea may be made for Mr. Cohen's
pardon on the ground that he has
tuberculosis.
In case the Supreme Court denies the
writ, Mr. Cohen's bondholders, his wife
and father-in-law. will be called upon
to proauce Mr. Cohen In the Federal
Court at Portland. He will then be
given over to the custody of the United
States Marshal and taken to McNeil
island in Washington to serve his two
year sentence and pay the prescribed
rine of 100. Mr. Cohen, now out on
$15,000 bonds, is believed to be in New
York.
Mr. Cohen originally was convicted
or Instigating Esther Wood to com
mit perjury in a white slave case in
which John Gronich was accused of
transporting her from Denver to Port
land. He was convicted after the first
prosecution conducted by United States
uistrict Attorney Keames. The case
was appealed to the Circuit Court of
Appeals at San Francisco, which af
firmed the previous judgment. His
counsel then asked for a writ of cer
tlorari, or a review of the law by the
United States Supreme Court, but this
has been denied, the writ of habeas
corpus being the only remaining re
course.
In connection with his conviction for
violation of the law, Mr. Cohen was
disbarred from practice as an attorney.
Directly following the opinion of the
United States Supreme Court Monday,
the Oregon State Supreme Court yes-
erday concurred unanimously with the
opinion of the Circuit Court covering
his disbarment, from which Mr. Cohen
appealed.
CLEETON HELD NOT
ON CIRCUIT BENCH
Supreme Court Decides Act
Abolishing County Judge
ship Is Illegal.
REPEAL CLAUSE DEFECT
Opinion AVritcn by Justice Burnett
Is Concurred In by Justices Ram
sey, Eakin and Bean, While
Chief Justice Dissents.
SALEM, Or., Oct. "20. (Special.)
That the law passed at the last session
of the Legislature abolishing the
county judgeship, creating a. circuit-
ship and transferring the probate busi
ness of the County Court to the new
department of the Circuit Court in
Multnomah County Is unconstitutional,
is the effect of an opinion written by
Justice Burnett and concurred in by
Justices Ramsey, Eakin and Bean, of
the Supreme Court, today.
A dissenting opinion by Chief Justice
McBride. concurred in by Justices Mc-
Nary and Moore, holds the act to be
constitutional. The minority opinion
says:
"While the question is not without
difficulty, and the propriety of such
legislation open to criticism, we cannot
say that we are satisfied beyond
reasonable doubt of its unconstitution
ality, and such is the test to be applied
to a law in determining its constitu
tionality.
Cleeton Held Connry Judge.
According to the majority opinion,
as construed by lawyers here, T. J.
Cleeton is still County Judge and there
is no department No. 6 of the Multno
mah Circuit Court. However, If Judge
Cleeton should dispute this, it prob
ably would be necessary for another
action to be brought for a specific de
cision on the point. While acting as
Circuit Judge, Judge Cleeton had color
of title to such office, and the business
transacted in that court under him is
legal.
Regarding the probate business
transacted in the Circuit Court it is
believed that it could be validated by
Judge Cleeton as County Judge repeat
ing the orders made by him as Circuit
Judge.
The decision was in the case of the
estate of H. W. McCormiek. W. T.
Branch, claimant and respondent, and
reaffirms one made In the same case
by the Supreme Court several weeks
ago reversing the decree of the lower
court. It was generally thought the
second hearing was for the purpose
of obtaining settlement of all the legal
tangles involved, but it is probable that
other suits will be necessary to obtain
adjudication of some of them.
Repeal Clause Held Defect.
Justice Burnett says a fatal defect
of the law is the clause repealing acts
and parts of acts in conflict with it.
The Legislature attempted to formu
late a scheme of practice for a par
ticular locality, and in doing so failed
to safeguard the courts of other coun
ties, he holds.
"If the law is constitutional," says
the opinion, "it is constitutional
throughout the state, and we cannot
refuse to give effect to its repealing
Let Us Adjust Your
Glasses Without
Cost
Glasses should be adjusted every
few weeks if the greatest possible
efficiency is to be had. .
And this adjustment should be
made as expertly as it is possible
to make it.
Fitting and adjusting has been
a matter of study with us for many
years, and it is quite probable that
we can add to your comfort and
convenience.
No matter from whom .you
bought your glasses, let us look
them over and adjust them gratis.
THOMPSON
OPTICAL INSTITUTE,
209-10-11 Corbett Building, Fifth
and Morrison.
clause. It is a question of whether
the County Court of Multnomah County
shall be perpetuated as against its at
tempted abolition or whether the other
county courts of the state have fallen
with it under the all devastating re
peal." Calling attention to argument that
section one, article reven, which says,
"the judicial power of the state shall
be vested in one Supreme Court and
in such other courts as may from time
to time be created by law," as making
the law applicable to only one county.
Justice Burnett says:
"The contention seems to be that the
law-making power, proceeding under
this clause, may establish any kind of
courts within its discretion without let
or hindrance.
IUltkt Held Only People's.
"This may be conceded to the people
in their unconfined legislative powsr
by means of the initiative, but as- to
the Legislative Assembly it is con
trolled in the exercise of its functions
by the other provisions of the constitu
tion. Repeals by implication are not
favored."
Justice Burnett says the new law
sweeps away matters of practice in
county courts when it was intended
that only one county should be affected.
"The situation." says Justice Bur
nett, "is that while in the different
counties of the state outside of Mult
nomah County a suitor may bring an
action in the County Court where the
value of the controversy does not ex
ceed 1500 and may appeal first to the
Circuit Court and alterwards to the
Supreme Court, in case of an adverse
decision in the first Instance. ' if he
should begin his litigation in Multno
mah County ho would meet with a dif
ferent practice whereby ho would be
compelled to commence his action in
the Circuit Court and be deprived of
"XTOU may forget
your umbrella
that's natural; you
won't forget your
Balmacaan that would leave
you only half clothed.
You ought to gej; the "feel"
of one of these big, fuzzy,
woolly 'Balrnacaans they've
got the "touch" arid the "go"
in them.
Fine "blues, blacks, oxfords
and novelty colorings. Both
with raglan and set-in sleeves ;
convertible or military collars.
slipped on over your evening clothes.
Cool weather, follows better see them now.
$15 to $35
Is that hat a Dunlap Tive" or a Brewer "Three?"
BEN SELLING
Morrison at Fourth
0m f J
Can be I H 1 fi
his right of appeal to that court which
he would enjoy in the other counties.
Methods Shown Different.
"In other counties in probate mat
ters the court would exercise its au
thority by means of citation. The
method of obtaining jurisdiction in the
Circuit Court is by service of summons
and this would necessarily be the rule
in the Circuit Court of Multnomah
County.
"A Jury of six men would be unknown
In that county except in justices' court,
while in the county courts of all other
counties a Jury of that number is the
rule. These are but a few illustrations
relating to the matter of practice which
would be swept away by the Legisla
tive Assembly in question, which is
made to apply solely to Multnomah
County."
Justice Burnett says that courts
ought not to declare a law unconstitu
tional unless its inconsistency with the
fundamental law is plain and palpable.
He continues: "But when the legis
lative assembly violates the mandatory
restraints laid upon it by the people
in the constitution it is equally our
sworn duty to give effect to the will
of the people as against their inatten
tive representatives and declare such
1 an act void."
Judge Harris Visits Dallas.
DALLAS, Or., Oct. 20. (Special.)
Judge Lawrence T. Karris, of Eugene,
was in Dallas today, hearing an ap
peal of a will case from the Probat
court of Lincoln County. Judge
rls also embraced this opport
meeting many of the voters of this
section. Both Democrats and Repub
licans recognize him as one of the most
able men running for the office of
Justice of the Supreme Court, and are
i Probat .
dge Har
tunlty of j
PAIN IN THE BACK
Do not worry about a pain in your
back. The worry will do you more
harm than the pain. The serious dis
eases of the kidneys seldom or never
produce such pains while the cause of
most backache is muscular rheuma
tism, which is painful but never fatal.
Lumbago is a form of muscular rheu
matism, so is stiff neck.
Sufferers from any form of muscu
lar rheumatism affecting the Joints
should keep the general health at the
highest standard by the use of a non
alcoholic topic like Dr. Williams' Pink
Pills, and eat good nourishing food
without too much meat. Proper nutri
tion and good blood are the best
means of fighting rheumatism. Medi
cines do not control the disease di
rectly but a well - nourished system
will often throw it off. Rheumatism
quickly thins the blood. Dr. Williams'
Pink Pills act directly on the blood
and as they build it up and strengthen
the system there is an increased re
sistance to the rheumatic poisons. In
this way many rheumatic sufferers
have found complete recovery.
A book "Building Up the Blood"
which tells about the treatment of
rheumatism is free for the asking
irom the Dr. vt llliams Medicine Co,
Schenectady, K. Y. Your own druggist
sells Dr. Williams' Pink Pills. Adv.
united in their support of his candi
dacv.
Advanced
Because
He Knew How
Here la Yoor Opportunity to Kiow How
Accounting
Advertising
Algebra
Assaying
Architect Draft
Arithmetic
Automobile
Bookkeeping
Boys' School
Business Law
Chemistry
Coast Engineering
Civil Service
Electricity
English lor Foreign
Men
EnKltsh Grammar Jfc
Reading
Freehand Drawing
French
Geometry
German
Kiatory
Latin
Machine Design
Mechanical Jj rafting
Penmanship
Pharmacy
Physic
Plan Reading & Est.
Public fepe&klng
Reinforced Concrete
Salesmanship
Spanish
Shorthand
Surveying fc Map' tig
Show Card Writing
Telegraphy
Tn tonometry .
Typewriting
Vocal Music
Wireless Telegraphy
Y. M. C. A.. Taylor and Sixth Streets.
Catalogue ITree.
While the
Vict
roia
entertains
y ota it aiso
develops the musical tastes of your children
: Go to any Victor
dealer's and he will
gladly demonstrate this
wonderful instrument.'
There are Victors and
Victrolas in great variety of,
styles from $10 to $200.
Victor Talking Machine Co.
Camden, N. J.
(If The Victrola complete
ly satisfies every longing
for musical recreation. This
wonderful instrument gives you
a thorough appreciation of the
masterpieces of musiceven the
children can understand and
enjoy them.
Do not deprive yourself and family of the world of
entertainment which the Victrola affords. It is not
necessary for you to select one of the higher priced Victrolas to
have all of the wonderful variety of music. Any Victrola you
choose as the instrument for your home will play any Victor
Record.
With a stock and service unexcelled, we can take
care of your Victrola requirements.
Easy terms on any Victrola.
Steimray
Weber
and Other
Pianos
Morrison at Sixth
lP'J :lF'r,!ii;:,i!fe iJii'liiii : i f : : ! -'
Victrola XVI, $200
Mahogany or oak
irf 1
Pianolas
Opposite Po3t Office
cellent band.
The bride was much taller than he.