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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 19, 1919)
8 THE MORNING" OTiEGONIAN. FRIDAY, DECE3IRER 10, T019. ASYLUM TO RELEASE IE GEORG C WT Overseas Veteran Not Insane, Savs Superintendent. OBSERVATION IS STRICT Curry Officials Fear Return to Former Home Might Endanger Ufe of Acquitted Slayer. SALEM. Or., Dec. 18. (Special.) Acting- upon a legal opinion given by Attorney-General Brown, coupled with his own observations and exam inations. Dr. L. F. Gritnth, superin tendent of the state hospital for the insane here, announced today that next Monday he would release George K. Chenoweth of Curry county, who has been detained at the institution since his acquittal on a charge of murder last August. Dr. Griffith stated today "that Chen oweth had been under strict observa tion since he entered the hospital, and that if he was insane at the time of nis commitment he has fully recov ered. . Because of information received from Curry county officials to the ef fect that they feared Mr. Chenoweth's life would be in danger if he returned to his former home. Dr. Griffith today notified the officials of the patient's contemplated release. . . Mr. Chenoweth served In the Cana dian forces overseas during the world war, and upon his return to Curry county was named to succeed Repre sentative J. It. Stannard as member of the Oregon legislature during its last session. After the session Mr. Chenoweth again returned to his borne, where he later shot and killed George Sydnam. He was tried in the circuit court for Curry county and upon being acquitted by a jury was committed to the asylum by Judge Coke. Mr. Chenoweth has been a trusty at the hospital ever since his arrival and, according to the officials of the institution, has evinced no signs ot insanity. cal ho.-.pital Tuesday afternoon of pneumonia. F. W. Wand, a son, and wife and Mrs. Alice Proctor of Port land were with him at the time of his death. Besides these he leaves two. brothers, Edward Wand of Aber deen and George Wand of Wapato, Wash., and two daughters, Mrs. Fan nie Grajham of JPrescott. Or, and Mrs. F. M. Cole of Los Angeles. The body was sent to Maygar, Or., for burial. EUGENE. Or, Dec. 18. (Special) Miss Martha A. Smith, aged 90 years, one of the oldest persons in Lane county, died at the home of her niece, Mrs. T. H. Garrett, in Eugene yester day. She was born in New York state and made her home there until 1910. when she came to Eugene. She OI.O RESIDENT OK WASH. IJiliTON COVSTY IS DEAD. . CONFEREES ARE NAMED Employers Select Five Members to Consider Compensation Act. SALEM, Or., Dec. 18. (Special.) The Industrial association of Oregon lias submitted to Governor Olcott the names of the five persons to repre sent the employers at the conference to be held in Portland December 22. to make recommendations to the special session of the legislature with re gard to increasing payments to in jured workmen under the provisions of the state compensation act. The delegates to represent the em ployers include A. G. Labbe. vice president of the Willamette Iron & Steel works, on behalf of the metal trades; B. T. McBain of the Crown Willamette Paper company, represent ing the paper industry; George Ger linger of the Willamette Lumber com pany, representing the lumber indus try; Thomas Kay of the Tom Kay Woolen mills, representing the wool industry, and D. A. Pattullo of Bal four, Guthrie & Co., representing the grain and flour industry. The conference will be made up of 15 delegates, five representing the employers, five representing the em ployes and five representing the citi zens of the state at large. 1$Jb&urm( iittnydt-ffiiir-'fi,niifri -mi win Vi'r(m(fai rrtrtt sVftr-inrJ 7 OLCOTTS TENURE OF OFFICE UP TO COURT Attorney-General Acts in Be half of Governor. OLD DECISION RECALLED Ruling of 35 Years Ago Cited in Support of Contention Regard ing Executive Succession. Mr, w. K. Mays. NORTH PLAINS, Or., Dec. 18. (Special.) Mrs. W. E. Mays, who died here December 13, was born in Washington county in 1874. She was married in 1894. She is survived by her par ents. Mr. and Mrs. B. P. Cor nelius of Hillsboro, Or.; her husband, W. E. Mays; an adopt ed daughter, Evelyn Mays; three brothers and a sister, all resi dents of North Plains and Ilills " bo'ro." had been a lifelong member of the Conergational church and for many years was an active worker in the W. C. T. U. TRAFFIC Mi TO AID CITY W. ROBIXSON PLEDGES CO OPERATION AT OMAHA. Obituary. -"1HEHALIS. Wash., Dec. IS. Today at Dryad the funeral of Mrs. Caroline E. Middaugh was held. Mrs. Middaugh, whose death occurred at the home of her sister In Portland, Or., Sunday, was a native of Iowa, born at Mount Pleasant. May 24, 1852. Five of eight children survive her. oeine wuiiam 11. Middaugh and Mrs. Florence A. Maker of Toppenish, Wash.; Mrs. Gertrude E. Lewis, Fred and Earl Middaugh of Dryad. In addition to her surviving children. three brothers and two sisters also mourn the death of Mrs. Middaugh as tollows: E. T. Beers of Oregon, C c Beers of Los Angeles, Cal., and Frank Beers of Cornelius, Or.; Mrs. Lillian JVl. GodTrey of Portland, Or., and Mrs. Knox of Dryad. Mrs. Mid daugh and her husband were early pioneers or Chehalis, coming to this city in 1883. They later homesteaded a tract of land . near Meskill until 3 900, Mr. Middaugh dying in 1901, following the removal of the family jo jryaa. . ALBANT, Or., Dec. 18. (Special.) jvirs. w. x. Kaacnrre, aped 40 vears. resident of Albany for the past three years, died at her home here Tuesday nigni. one was a native of Nebraska. Mrs. nadcliffe is survived by four cniiuren: Merle Hunt of Enterprise, Jr., ana Miss Lucille Hunt, Claire tiuru ana Kennetn Kadcliffe, all of Albany. Frank s. Mownson of this city is a brother, and Mrs. H. B. Har Jen oi corvaliis is a sister. ALBANT. Or.. Dec 18. (Special.) ountpu xiecKer, uregon pioneer o 1855, and resident of this vicinity con tinuously for 57 years, died yesterday at Toppenish, Wash., where he had resided since 1912. The funeral will be held in St. Mary s church here to morrow afternoon. When 12 years of age Mr. Hecker came to this country from Germany, wnere no was oorn, and settled in Indiana. Three years later he went jo L.'aurornia, ana after seven years' residence tnere came to Oregon. He semea in Benton county, north of .Albany ana resided there until seven years ago. Me was 66 years of age. mr. neciter is eurvivea by seven cniiaren: a. j. Hecker and L. A. Heck er, Dotn or Albany; Mrs. A. J. AllDhi and Miss Louise Hecker of Toppenish vvasn.; Mrs. ts. -w. steel and Mrs. D. Anderson of Twin Falls, Idaho, an Mrs. Arnold King of Goldendale, W ash. ABERDEEN, Wash., Dec. 18. (Spe cial.) Charles E. Wand died at a lo NO BIATTER WHERE YOU BUY BUY EARLY IN THE MORNINGS THEN A MERRY XMAS False charity, in the form of drives for funds, solicitation for aid, or appropriations by the legislature in the name of service men, is protested in a resolution adopted by Capital post ro. 9, American Legion, at a meeting held here laBt night. The resolution was framed by the ex- service men to protect their organiza tion against solicitations or donations intended to benefit private firms and individuals under the guise of a patriotic movement. EX- C V OR MOOR E Many Quail Die in Storm. SALEM, Or.. Dec. 18. (Special.) That many Bob White quail perished as a result of the recent cold weather and heavy snowfall, is indicated in report received here from Roy Bremmer, district game warden. Mr. aremmer said it was apparent that many birds were unable to find shel ter during the storm, while others had died from lack of food. X. Teal Expresses Belief Meas ures in Congress May Destroy Railroads' Initiative. Frank W. Robinson, traffic mana ger of the Oregon-Washington Rail- oad & Navigation company's lines, recently appointed to the position of freight traffic manager of the Union Pacific system lines, following the termination of government control, told the members of the Portland Traffic and Transportation associa tion yesterday at their final meeting of the year that his interest in Port land and Oregon will not pass when he goes to Omaha. That Portland is doing some sur prising things in an industrial way was referred to in the fact that tnere s a manufacturer in Portland who sells cough drops by the carload to dealers as far east as Chicago. The existence of an industry of this mag nitude came to notice of the district freight traffic committee when a rate was asked for carload shipments, and it was granted. 'Portland and this territory will al ways be close to my heart," said Mr. Robinson, "and will always be certain of thoughtful consideration in the operation of the transportation lines with which I may be connected." George Lawrence Jr., vice-chair man of the association, presiaea at the luncheon. B. F. Irvine told of hit observations at Spokane recently where he attended a meeting of the Merchants' association. J. N. Teal spoke of the outlook of the transportation companies. He averred that the railroads, with thu possible exception of the union Pa cific and Southern Pacific, are short of the cars and power to handle their business. He expressed fear that the legislative measures adopted by con gress might destroy the initiative of the railroads. The banks and the rail roads, said Mr. Teal, are the only lines of business that did not profit greatly by the war. SALEM. Or.. Dec 18. (Special.) Attorney-General George M. Brown, appearing before the supreme court here today in behalf of Ben W. Olcott as secretary of state, in the man damus "proceedings brought by G. M. Roberts, district attorney of Jackson county, to compel the state depart ment to make provision on the ballot at the primary election next May for the nomination of governor, de clared it was now up to the court to find that Mr. Olcott is entitled to serve out the full unexpired term of the late Governor Withycombe or overturn its own opinion in the some what celebrated case of Chadwick vs. Earhart. "The opinion in the Chadwick-Ear-hart case was handed down nearly 35 years ago," said Mr. Brown in his ar gument, "and it was upon the find ings of the court in that case that I advised against malng provision on the primary ballot for the office of governor. When a provision of an original constitution has been inter preted by the highest court of the commonwealth, the interpretation itself becomes a part of the consti tution. Recent Action Recalled. "On October 30, 1919,, in the per formance of my duties as attorney general, I relied upon the holding of this court in the Chadwick-Earhart case In advising the secretary of state that in giving primary election state ments and notices certifying to the county clerks the state and district officers to be elected, the office of governor was not to be Included. This case has never been questioned in this court and officers in the performance of their duties have relied thereon. "On the same date I advised the secretary of state that I had been taught by the supreme court of Ore gon that in the event of the death of the governor the office should de volve upon the secretary of state, who should continue to perform the office of governor for the remainder of the term of the outgoing governor. In other worjis, I advised the secre tary of state that a governor of Ore gon was not to be elected at the gen eral election in 1920, and my guide was the constitution of this state as nterpreted by this court in the case of Chadwick vs. Earhart." Attorney-General Brown held that the law of today should be the law of tomorrow, and that there was no oc casion for the overturning of a prece dent such as that established. Term Declared Ended. Mr. Roberts, in presenting his side of the case, contended that the term for which Governor Withycombe was elected had ended, and that there was no unexpired terra to fill. If Mr. Olcott should be permitted to remain governor for the remainder of the term for which Governor Withycombe was elected, or should be permitted to act as such for the re amder of that term, the right which was reserved to the peoalij at the time of the granting of the constitu tion would be denied them and the construction would be entirely un harmonfous and inconsistent with other provisions of the constitution, said Mr. Roberts. When Governor Withycombe died the powers and duties of the office of governor passed to Ben W. Olcott and they remain there until the people of this state have elected c new gover nor. There is no interregnum. xo allow Mr. Olcott to act as gov ernor until January, 1923, would take away from the people of this state their constitutional right to decide and select whom they desire as their governor. Old Ruling Questioned. The ruling in the case of Chad wick vs. Earhart, being dictum, in sofar as it relates to issues in the case at bar, is of unsound Judicial reasoning and this court is not bound by any such rule. "The conclusion that the office of governor can be filled by the people at the next election is in perfect ac- corc witn tne spirit of our constitu tion ana laws." Marion Examines Teacliers. SALEM, Or., Dec. 18. (Special.) State teachers' examinations for Marion county opened here yesterday and will continue until Friday night Applicants who are successful in the examinations will receive permits to teach for periods ranging from one year to life. Harbor Realty Men to Dine. ABERDEEN. Wash.. Dec. J8. (Spe cial.) The annual election of officers of the Grays Harbor Realty board will be held in Aberdeen Jan ary 6 at the annual banquet of the association. Ladies will be invited to attend the meeting and the dinner. DFWASHIWGT0ND1ES Walla Walla Resident Promi nent Banker of Northwest. TERRITORY SERVEDlN 1889 Baker-Boyer National Bank and Hoard of Trustees of 'Whitman College Lose President. WALLA WALLA, Wash.. Dec 18. Miles C. Moore, last territorial gover nor of Washington, president of the Baker-Boyer National bank and pres ident of the board of trustees of Whitman college, died at a local hos pltal this morning after an illness of two weeks. Governor Moore was 75 years old and a man who made his own way in life and probably one of the best known bankers in the northwest. Mr. Moore was born in Rix Mills, Ohio, where he spent 10 years of his boyhood. He received his education until 18 years old at Point Bluff, Wis., where he moved with his par ents. In 1863 he came to Walla Walla, via Montana, and after a year as a clerk went into business for him self. In 1865 he went to Blackfoot, Mont., but returned the following year and went into the book and stationery business with H. E. John son. In 1868 be became a member of the old firm of Paine Bros. & Moore, and later took over the stock of Bak er & Moyer, who established a bank which Mr. Moore later became presi dent of. In 1873 he was married to Mary E. Baker, daughter of Dr. Dorsey Sing Baker, the man who built the first railroad from Walla Walla to the Co lumbia river In 1877 he was elected mayor of Walla Walla, among the Interesting incidents during his administration being the entertainment of United States Senator Morton and his party and later General William T. Sher man and his staff when these men visited Walla Walla in 1877. In 1884 he was made chairman of the repub lican territorial convention at Se attle and was appointed governor of Washington territory in March, 1899. He served in thi3 capacity until No vember 13, 1889. Financial Interests Large. In 1900 ex-Governor Moore became president of M. C. Moore & Sons, a family corporation. In 1903 he was elected president of the Washington State Bankers' as sociation and he served for three years as Washington representative on the executive council of the Amer lean KanKerW association. He was tendered the chairmanship of this ex ecutive council in 1909. but refused. He was a member of the Arlington club of Portland, the Union club of Tacoma and the Rainier club of Seattle. In 1S98 Governor Moore became president of the Baker-Boyer National bank, the oldest financial institution in the state of Washington. The deceased leaves two sons. Frank and Robert, who are associated in the firm of Miles C. Moore & Sons. The firm has charge of the extensive farming and business interests of Governor Moore. A third son died everal years ago. Mrs. Moore died in 1904. The funeral will be held from the residence Saturday at 1:30 P. M.. with Rev. Otis H. Holmes of the Congre gational church, and President S. B. L. Penrose of Whitman college, in charge of the services. McEIveem and Clark to Speak. The fourth of the series of Ameri canization programmes at the Satur- POLICE PAID OVERTIME $2 2 08 Allowed Officers for Month's Extra Work. Fighting crime is expensive, as is shown by the amount of money paid for overtime work put in by police officers during the month of Decern ber, amounting -to 12208.15. The bill was presented to the city council by Chief of Police Jenkins and has been allowed. For many years police officers were required to work overtime when necessary, but obtained no extra pay for this work. Some months ago the council passed an ordinance provid ing for the payment of overtime to police4bf ficers in all cases where they were required to work over the regular hours except in patriotic service. Readjustment of duties by placing men on extra work during the night hours results in the added cost, and is also resulting in the capture of more criminals, according to Mayor Baker. PRICES UP 10 PER CENT SUPPLIES FOR STATE INSTITU TIONS SHOW INCREASES. VANCOUVER YARDS READY Shipbuilding Plant to Reopen Mon day After Enforced Closing. x VANCOUVER, Wash., Dec. 18 (Special.) The G.- M. fetandifer Con struction company, which, employs approximately 3500 men In its ship yard here, will resume operations Monday mormnjc, if the weather per mits, according tr an announcement made today. Wirk suspended when the severe storm began last, week and only the shops have been in operation. Vancouver is rerunning to assume a pre-storm appearance. A road grader and tractor are being used to clear the streets of snow. Gas serv ice was resumed at 11 o'clock last night. The schools will not reopen until after the Christmas holidays. Musicians to Entertain Resort. A trio of musicians, who are new to the patrons of the Men's resort at Fourth and Burnside streets, will en tertain Saturday night at 8 o'clock with a concert. The musicians are Miss Mildred Smith, singer and read er; MiS3 Olpra Ruff, pianist, and Joe Stadler, baritone. Bids for First Six Months of 192 0 Received at Salem; Flour Up 60 Cents Barrel. SALEM, Or., Dec. 18. (Special.) Prices for commodities in Oregon have advanced about 10 per cent In the last six months, according to i comparison of bids received here yea terday for furnishing supplies to the various state institutions during the first six montns or the year 1920, with those received on June 12, 1919 Because of the many bills received It is not likely that the names of the persons and firms submitting the low est proposals will be announced for several days. Fresh beef, which six months ago was contracted to the state at $12.93 a hundred pounds, has advanced to $14.73 under the new bid. Flour has advanced 60 cents a barrel, while rice has increased from $10.90 a hundred pounds to $11.75. Bacon, which sold to the state under the previous bid at 37 and 74-100 cents a pound has decreased In price to 30 and 95-100 cents. Smoked ham also has decreased in price to the extent of about nine cents a pound. Practically all other articles, however, show an upward trend and the expense of providing supplies for the state institutions during the next six months will show a material increase when compared with that of the present six months. Legion Decries False Charity. SALEM. Or., Dec. 18. (Special.) CASTORIA For Infants and Children !n Use For Over 30 Years Always bears the Signature of I Ay Give Ihe r ,jmmmvm ... . . . i a. . . . jf y . WJjU'y 7;J'"l"'lTy We are confident that we can help you to a conclusion in selecting tho right phonograph. More Than Mere Phonograph Base your decision on the quality of the tone and you'll surely choose right. Your selection, like that of unnumbered thousands, will be The Brunswick. Not because we say so, but because a demonstration on this super instrument will convince you. Method of Reproduction By the Brunswick Method of Reproduction a trueness, fineness and richness are given to tone that cannot be duplicated in other instruments. This method consists of the Ultona and the Tone Amplifier. The Ultona A simple contrivance, makes it possible to play all records at their best. Thus you are no longer; restricted to the artists of one producer. Diaphragm and needle are as one on the Ultona, yet the Ultona is not complex. The Tone Amplifier As the tone waves are carried by the needle to the diaphragm, they travel on to this vibrant tone chamber. It is oval shaped, made entirely of wood and free from metal. The resilient wood expands and contracts with the tone waves, building them up and projecting them stronger and clearer. By it a new beauty is brought to all records. A Brunswick Concert to Revive Tired Shoppers During the holiday season we are conducting in dividual concerts on The Brunswick. Drop in at a convenient interval during the day. Listen to The Brunswick play your favorite rec ords. Perhaps the idea will suggest itself that a Brunswick is to be your choicest gift If inconvenient for you to call in our store, telephone Main 6723, or we will gladly send you catalogs and terms if you sign and send this ad. Name Address PIANOS PLAYERS I MUSIC We pay the delivery charges to any address in the United States. MORRISON ST. AT BROADWAY railgB Allen -MASON AND HAMLIN PIANOS- OTHCIt STORES SAM FRANCISCO. OAKLAND. PKESNO. SAM OICOO SAN JOSE. SACRAMENTO. LOS ANGELES -machines Z ( day noon luncheons of tho Civic league is scheduled to be held in the Crystal room at the Benson hotel to morrow. Dr. W. T. McElveen of the First Congregational church will l-o the principal speaker. A. G. Clark is also scheduled for a short talk on Oregon Products and Oregon's Payroll." IP NO MATTER WHERE YOU . BUY BUY EARLY IN THE MORNINGS THEN A MERRY XMAS ELAMIC'Sf Sample SIicdo 360 MORRISON, COR. PARK -- LOOK FOR THE BIG BLUE SIGN --fr w2' ON THE CORNER Extra. Special Beautiful Coats, Suits, Dresses, Skirts. Waists, i and Sweater Slipovers. Appreciative Holiday Gifts at the lowest sale prices. YOUR MONEY BACK IF NOT SATIS- FIED WITHIN 3 DAYS OF PURCHASE R Li Women's S nits Values to 50.00. We jrive what we advertise, at only S2G.95 and J Dresses In Silks, Serges, Tricotines and Tricolettes to be closed out regardless of cost. Coats Values to $45.00, at S26.95 and ill95 Coats Values to $25.00, at only Waists Crepe de Chine and Georgette Crepe . . . Fiosh Coats Y2 lrHC Plush. Coats Plush and Beaver Coats. Great est values in the city. We give what we advertise. u Sweater Slipovers S "i In many shades half price. . . .tf A JkS ...$6.95 Millinery . C& f Any Hat in the store K -2- oLiJ Sweater Slipovers Values to $12.00, at only. . lama! fc gj