illS9
Rose
BUM
FMIK tonight and tuesoaly
Consolidation of The Evening Newt and
Tht Roseburg Review
DOUGLAS COUNTY p
An Independent Newspaper, Published for
tht Beit Interests of tht People.
JW
ASSOCIATED PRESS LEASED WISt
SERVICE WORLD'S NEWS TODAY
VOL. XXVI
NO. 199 OF ROSEBUPG REVIEW
ROSEBCIRG. OREGON. MONDAY. JULY 13. 1925.
VOL. XIII MO. 9 OP THE EVENING NEWS
rj.
JAPANESE M ! L
. 'V-5',
DBGED
SF
OUT OF VILLAGE
Mob of Toledo, Oregon,
Citizens Forces 35 to Quit
Work in Sawmill.
FIVE ARE ARRESTED
Two Hundred Gdther at
Plant, Overcome Deputy
s Sheriffs, and Send
Men Awav.
(AMOcInted Pre! Leawl Wire.)
TOLEDO, Ore., July 13 Five
men are under arrest and will ap
pear for preliminary hearing today
on charges of participating in a
riot as a result of forcible, expul
sion Sunday of approximately 35
Japanese who were working In the
Pacific Spruce Corporation mill
here. A mob of more than 200 cit
izens was involved.
The Japanese were loaded into
automobiles, given several hundred
dollars which had been collected
by the crowd and sent out of tb,e
country. It was reported here to
day that the foreigners are In Cor
vailis. The men under arrest are: W.
S. Colvin. Charles Duck. R. P. Prlt
chard, James Stewart and Martin
flnermer. They are free today on
bonds.
Today this little town Is highly
1 excited over the occurrence. Sen
timent Is divided among the
townspeople, some of whom be
lieve theTnill should be allowed to
hire the Japanese.
Leaders of the riot will be prose
cuted to the fullest extent, declar
ed E. U. Conrad, district attorney,
who Is to bo assisted by G. Mc
Ooskey, attorney for the company.
More arrests are expected to be
made today, as the sheriff's office
has nearly 50 names of those who
participated.
The outbreak was the result of
several weeks bad blood between
laborers anil mill officials over
emplovment of Japanese. After a
mass meeting in the streets, at
which acUators urged the crowd,
composed of men, women and chil
dren, to action, the mob, which was
led by a man waving an American
flag, marched on the mill guards.
Weapons were taken from the
guards and deputy sheriffs at the
mill. Several were Injured In a
fist battle which followed.
BY U. iWTIOML
PORTLAND. Ore., July 13.
The Ladd and Tllton Hank,
oldest bank In the Pacific
Northwest, and second oldest
in the Pacific coast, went
out of existence today, hav.
Ing been absorbed by the
I'nited States National Hank
of Portland, under an agreee-
ment reached Saturday.
Ladd and Tllton Hank's
cash and securities were mov-
ed to the United States Na-
tlonal Hank llulldlng under
special guard Saturday after-
noon and evening. This
morning a large part of the 4"
staff of Ladd and Tllton took
places In the new quarters.
Edward Cookingham, presl-
deni and Walter M. Cook,
ltolrert S. Howard and Char-
les McLean, vice-president
of Ladd and Tllton Hank,
occupied places as additional e
vice-presidents of the United
States National.
Charles Pratt and Com-
pany of New York owned the ,
controlling Interest. Charles
Prattr" now deceased was
treasurer of the Standard
Oil Company. - Frederick
Pratt, now d'oceaBed, was
married Caroline Ladd, a
daughter of W. S. Ladd.
The Pratt Interests are
centered in New York City,
and their remoteness from
Portland was the determin-
Ing factor In Inducing them
to sell.
'
FIRE WIPES OUT
SALEM MILLING
PLANT SUNDAY
Plant Totally Destroyed by
Fire Which Started From
Dust Explosion.
LOSS IS SAID $135,000
Blazing Embers Threaten
.Several Buildings Farm
er's Grain Stored in
Building.
I
BU'M nt.tr'vi.'fiu hvt I
KMX) KIM Ml (jtKAMKRY
(AaurUtni Pm U-aanl Wirt.)
VANCOUVER. Wash.. July
13. The safe at the Maid
O'Wauna Ice cream plant
here was cracked last night
and more than $1,000 In
cash, the receipts of Satur-
day and Sunday, waa stolen.
Just the right amount of ex-
plosive was used to blow off
the combination, and not
shatter the door. A light
burning over the safe and
two potted plants standing
on the safe were not Injured.
ci HRirt LA board
l.N SESSION TODAY.
(Amwlatmrrms laird Win.)
PORTLAND. Ore., July 13.
The state hoard of higher
curricula will meet again this
afternoon to consider the
question of duplicated cour-
ses at Oregon Agricultural
College and the University of
Oregon. The board failed to
reach a decision at the meet-
Ings Saturday and Sunday
night.
WEEK-END TOLL OF
LIFE THROUGHOUT
(Associated Pivm Leased Wfr.)
SALEM, Ore., July 13 With n
financial loss estimated a; from
(130,000 to 1135,000 the plant -of
the Cher- City M! Company,
at Chrrtu and frme etreto..
manufacturers of flour, breakfas'
foods, poultry and livestock feeds,
was totally destroyed by fire last
V. W. Qi'rf, manager, es.
Hn::1 that the Ios Is two th'rds ie in a scuffle with his wife for
covered by insurance. The lose of I e the possession of a gun last
the building and equipment Is es-1 night, officers reported today.
tlmated at $95,000, the remainder ' They said Barnhart wag re-
being stock. Farmers who had !. ported to have been under the
grain stored in the mill suffered ! . influence of liquor. If he re-
only a nominal loss. . covers, which Is likely, no
Early today the two safes of the chares will be placed against
SHOT IN SCUFFLE
WITH WIFE FOR OUN
(A-jocbtnl Prea Lnunl Wire.)
LA GRANDE. Ore.. July 13.
Joe H. Barnhart was shot
LIGHTNING IS
CAUSE OF
FOREST FIRES
1
y
Forest Service Reports 22
and County Patrol 8
Started by Storm.
FIVE ARE MAN CAUSED
Four Fires Near Buck Fork
and One Near Myrtle
Creek Were Incen
diary, Stated.
scopes prosecutor opnnre flFFFHQF ACKQ THAT ;
UUUILU ULI LllUL HU1HJ I lift I
CHARGES BE DROPPED; SAY
LAW HOT CONSTITUTIONAL
Sharp Contests Develop in Sessions Today When
Lawyers for State Object to Motion Fourteen
Reasons Given for Quashing Charge State,
Federal Constitutions Quoted.
tfimtoMA Central Press PhoioN
1S5.IS C.r.tr.1 Pr... pholo;
A.T. 6TE.WART
CORVALLIS. Ore... July 13
Twenty-four of the Japanese who
were yesterday expelled from Tol
edo, Ore., by a mob of citizens, ar
rived here last night and took a
train for Portland. They appeared
at the station, each having been
supp led with a ticket to Portland.
There was no disturbance here.
They left here at 10 p. m. Four
more Japanese from Toledo arriv
ed this morning and went on to
Portland by train.
SALEM. Ore., July 13. Acting
In response to a request that came
from County Judge C. W. James of
Llnroln county and others who
stated they represented the white
labor element, (iovernor Pierce
resterdav sent his secretary, W. A,
Pelzelle and State Labor Commis"
stoner C. A. Gram to Toledo to in
vestigate the causes of tire depor
ta "ion of Japagese laborers from
Toledo Sunday.
i requested Pelzelle and Gram
to go to the bottom of the sltu
tton", said the governor. "I shall
have no report probably until their
return, and will have nothing to
sav about the affair until that
time."
(AMotUted Crprt Ltaaed Wire.)
CHICAGO, July 13 Week-end
fatalities throughout the country
In auto accidents, bathing mis
haps and other misfortunes of
pleasure seekers mounted to near
the hundred mark.
Forty-seven deaths from drown
ing and twenty-one in motor
crashes were reported today from
a score of states.
Six died of the heat, three per
ished In a train explosion, four
were killed by lightning and one
tiled in an airplane accident.
Three, of the heat deaths were
recorded in New York City.
company were raked out of the
ashes and debris, and all l score's
were found intact.
Mr. Geiser said that ho was
quite certain that- the aid wooden
building destroyed will be Immedi
ately replaced by a fireproof struc
ture. This, however, will depend
on ;.ha decision of the stoelirol..'
ers, who will meet at onco. ,'t'te
fire apparently aurti from a ta'st
explosion in the lower p-ivt of 'he
building in the neighhi.nooa of -he
elevator, and prooiHy hid, ga'red
considerable headway before ts
rovery. The alrjTtire burn. I like
tinder and cast ,i glow l,i the rl;v
that was visible for 30 miles In the
country.
Flaming embers In 'he air caus
ed many small fires. The roof of
Waller Hall on the Willamette
University campus caugiit fire
and a hole was burned through the
shingles. Another ember lgnld
the Chautauqua tent, on the Wil
lamette athletic field, but not much
damage was done. Quiti serious
damage was done to the Fred E.
Wells residence just acrns the
street from the mill. A building
owned by T. B. Kay on WInt'
Mrs. Barnhart.
e
T
PASSED AFTER II
The lightning atorm which occur
red early Sunday morning plnyed
havoc In the North I'mpqua nation
al forest, according to a meftsageJ
received tnta afternoon from u. J.
llouxer central dispatcher on the
t'mpqua National Forest. Twenty
two flrea were reported, sixteen
yetderday and bIx today, while ro
porta on new Urea were being turn
ed that the total will be over 30,
this afternoon, ao that It la expect
ed that the oal 1U' be ovtr 30,
Mr. Houaer says.
"The norm traversed the forest
north and south." Mr. Houaer
stated, "aettlnR a string of fires
IB COAST
FOR NEW TALENT
(Aunrktnl frna Uunl Win)
NEW YOKK, July 13. Officials
of the New York American league
baseball club, admitted today that
stated setting a string of Kres " immii. iu. .nnu .. - -
from the nri.. river divide to the "t league In an endeavor to buy ! filed on the motion to quash.
u,'iumii .iivi.1. Th... . J2f.fl.000 worth of talent for a com- other than reading of the Indict
beginning to show up and new , ,,'te rebuilding: of the Yankees ment and questioning of a Juror as
(AMorUtal Pre ttal Win.)
COURT ROOM, Dayton, Tenn.,
July 13. Discussion of a motion by
the defense to quash the Indict
ment against John T. Scopes,
charged with vlolatlnft'the Tennes
see law against the teaching of
evolution theories In the public,
schools occupied the morning ses
sion of court today.
Presenting the motion, John R.
Neal spoke first for the defense,
followed by Arthur G. Hays, pre
senting the same contention. For
mer Attorney-General B. G. Mo
Kenzle spoke In opposition to the
motoin, with Sue K. Hicks, also of
state counsel, making the lst ar
gument before the noon recess.
Judge Rnulston, Just before or
dering a recess until 1 o'clock said
to the lawyers:
"Gentlemen, the Issues in this
case are profound and the court
does not wlsb to guess," adding
that he wou'd expect briefs to be
.... . hoi ,w..i fnl Inext season. Five players pro.nln
tioned as being sought by the Yan-
Intervals by the lookouts
PARIS. July 13. After being
sent from the Chamber of Deputies
to the Bejuije, no less than six
times, France's budget for lltlTi
was definitely voted long after
dawn this morning.
Finance MJnister Caillaux re
mained to the bitter end, speaking
in the senate or chamber at each
reappearance of the measure and
thus being prevented from going
to the bedside of his wife, who was
Injured In an automobile accident.
ST. PAUL, July 13. Excessive
heat In Minnesota, Saturday and
Sunday indirectly caused the
deaths of 11 persons who were
drowned.
HIT.; " aWa'' 8Uf!,Uy!estfmated receipt, of SS.lBO.OOO.On
Destruction of the mill cuts off
1 ne duik 01 me nres appear 10 ( scouts,
e in me simia I'mpqua auu
Quarts Mountain district, near
While Rock and Red Ilutte, al
though others are scattered clear
across the forest.
"We have men on every fire so
far reported, or else on the way to
them, so that the situation is Wfll
fn hand None of those so far re
ported are over 2 acres In extent,
while the majority are under one
fourth acre.
"The air remains clear, and the
visibility Is good, so that lookouts
are spotting the fires accurately
while they are still small. This
gives us an opportunity to get our
crews on them before they cause
anv great amount of damage.
"In spite of the large number of
fires reported. If appears that the
majority of them are now under
control and that we will be able to
handle them without any great
amount of loss.
to whether he should be expressed
an opinion as to the guilt or. in
nocence of the defendant, the first
hours of the day's first session
were uneventful.
A mild clash of attorneys devel
oped, one between the attorney-
general, A. T. Stewart and Clar
ence Darrow, and again between
Ben O. McKentle on one side and
Dudley Field Malone on the other.
Neither seriously ruffled the calm
0: the court.
r COURT ROOM, DAYTON, Tenn
July 13. Court was delayed 25
minutes In opening today for the
resumption of the trial of John T.
j Scopes on a charge of violating
the law of Tennessee against tea
ching evolution theories In public
The delay was caused by
W. Field and George W. Morse, 'the activities of newspaper and
former heads of two brokerage motion picture photographers who
firms, which failed for a total of photographed almost everyone in
13,2(10,000 In 1922, today were sen- sight.
fenced In federal court to serve I The opening prayer was offered
lone year and one day each In At-'by the Rev. W. A. Moffltt, pastor
(AoTlalcil Pif". turned ttlrr.)
NEW YORK. July 13. George schools
The total number of fire. In the, 'n.,a ',1r''m V", "',"T,' ?f '.ho F'?t ,B",p,!"tJ C!'",rCh .0t
.000
francs and expenditures of 33.137,-
an annual trade that range, from ?'0. -"u ' '00'-
i The senate's vote of adoption
waa 278 to six In the chamber
ST. LOUIS, July 13. Three
deaths and six prostrations result
ed in St. Louis yesterday and to
day from the excessive heat. The
temperature was 93 at noon today
with the thermometer rising stead
ily. SAN FRANCISCO, July 13 Five
persons were killed and 16 Injured
in week-end automobile accidents
on tbe Pacific coast.
Twelve persons were injured
when a bus collided with an oil
truck near Los Angeles.
Two persons and a child were
run down and killed on Los An
geles streets.
I Two children were killed and
; three persons Injured when the
) automobile In which they were
1 riding overturned on the highway
jnear Seattle.
I One person was killed, and one,
Injured near San Jose, Cal., when
.their machine plunged off the road
and down a 3U0 foot, gully.
$350,000 to 1500,000. The product
1 are sold under the trade mark
I firm are P. W. Geiser of Salem ,th " ""''V now han,1
1 and Marlon and Ernest Palmer of 1 without debate.
Sllverton. Marion Palmer Is presl- 0
1 dent and Mr. Geiser secretary- FOREIGNERS ARE
treasurer.
county was brought to thirty-five
this afternoon, when Harvey
Brown, supervising warden of the
Douglas County Patrol reported
thirteen new fires, eight caused by
lightning and five of Incendiary
origin. These are ail located In
the southern end of the county, and
era' orders. Their trial began last
week, but beforo It ended both
pleaded guilty.
MANY GOLFERS COMPETE
rAMnrlntml I'rrM Iwil Win.)
PORTLAND, July 13. Sixty-
EVACUATED FROM
HONAN PROVINCE
It Is believed that they will all be en,rP(, ,H a,mi,,nr
There are three lightning fires
burning on Union Creek In Cow
Dayton. He Included petitions for
the lawyers on both sides of the
case and the newspaper men re
porting the trial.
When the Jury roll was called,
William O. Day filed objection to
his name being carried officially
as "Bill". This waa corrected.
One Juror Questioned
Tti. allnPnnv-.nnAr.l nnmitienit
round of the women's divisional that hfl wlBnrd to quetion one of
the championship play of the Ore-'tnn rorg an(1 tne 0nPr rtwn
i MEDKORD. Ore., July 13.
(Thirteen foreat flrea. nine In Cra
ter National Park and four In
I state timber are burning in Jack
son county today, according to a
: report from the local United Sta
j tea Forest Service. Although one
: or ine nres, in me tvans creen . v)naiHapav.ia . ,1
district, covers 00 acres, none Is , ,u Abot i0 ref frnm
j regarded as serious and It Is ex- , ,,eknf. ,vnill.a ,,,,, n Honan
Ipected thev win ron be under arrlvpd , ,,ek,n(, nlKnt r. ,
control. All the fires, it " 'e; ! porting that a strike of 2.000 Chi-1
sieved were started by lightning ,,.. . . , w. .,,
PEKING, July 13. Most of the
foreign residents have been safely
evacuated frnm Honan province in
Central Eastern China where there
Creek canyon, one on Table creek. ' , co'ntr y club o v Mr I. , !""tk a k. . i
I nn on the onih side nf the West J u'"""n eouniry ciuo loony. i rs. terrogated. The defense objected
one on the south side or the west L w Palmer, present tit le holder, 1 to th interrogation but the iudge
, Fork of Cow Creek, one on upper ,h ,w ' 'H, hm.nr with I , j .. J .', ... 1 K
e ek )i, heo.i r nail tne tow nieaui nonor witn a overruled the objection. Attorney-
1 accompanying a thunder storm on
Saturday night.
that the water and food supplb
of foreigners In Honan had be n
rut off, making It necessary for
them to leave the province.
(The Peking syndicate, largely
controlled by foreign capital. Is
Stout's Creek
John's creek.
Mr. Brown reports that fcelat
est Information this afternoon was
that the one on the West Fork of
Cow ('reek was dying down. All
are small In extent and will cause
little damage.
Of the Incendiary fires, four are
In the Buck Fork district on Myr
tle Creek, and the other Is a small
fire near Myrtle Creek.
score or K. General Stewart announced that
Mrs. Victor A. Johnson of Wav-infl had been Informed that the
erly Club, Portland, placed second' juror in Juestlon had expressed an
with a score of HI, Mrs. C. C. Cary, I opinion as to the guilt or Inno
Sealtle city champion had a sr e Cence of the defendont. This Mr.
of 92: Mrs. Marshall Wright of Gentry denied, and said that he
Alderwood Club, Portland 113 and ! was unbiased, unprejudiced and
Mrs George W. Weber of Los An- had an open mind. He was per
g'len, also qualified. Imltted to remain on the Jury.
LA GRANDE AT HEAD
OF BLUE MOUNTAIN
BASEBALL LEAGUE'one of several Important coal and,
PORTLAND, July 13 Japanese
laborers ousted from Toledo, Ore.,
yesterday will be cared for by their
countrymen In Portland until they
are ab'e to return to Toledo, or
until other employment is found
for them, said members of the
Japanese colony h''re.
H. Okamato. Japanese counsul
In charge, said today that he had
no official knowledge of the inci
dent at. Toledo and was taking no
action retarding It.
W. G. lde, of the colonization
bureau of the state Chamber of
Commerce, left Portland at noon
today for Salem to confer with
Governor Pierce about the ousting
of Japanese from the p'ant of the
Pacific Spruce Corporation at Tol
edo. "The matter Is a tempest in a
teapot", said Mr. ld. "The only
Interest the state chamber has in
the matter Is that the Incident
may give Oregon adverse publicity
In other states, where the situation
Is not known, and as Oregon busi
ness men have subscribed 110.000
a year to a three-year fund to bring
settlers to this state, we are natur
ally concerned over such Incidents
tCominued on page 9.)
CAR IS DAMAGED
WORK STARTING AT OXCE
.OX SEW CAIMfiK l II.KIXtJ
Iron companies operating In Hunan
j PENDLETON. July 13. La
I Grande clinched the 1925 Blue I
j Mountain league pennant yester-
jdav afternoon by defeating the I F. H. Henry of San Fransro, on
Baker Colts 12-0. Buck Heln l-' his way to the Elk's convention In
.lowed but two hits and got a homo1 Portland, damaged his car slight
Work is being started at once
on the garage building to be
erected by A. C. Marsters on the
property fronting on Rose street,
dleecfly In the rear of the News
Review building. The construc
tion of the building makes It
necessary to remove a telephone
pole and change considerable wir
ing, and this Is being done to
day. Th? lots are being cleared
and artual work will start this
week.
run himself. Ortman was on the ly yesterday in avoiding a rnl-
mound for Baker and allowed 13 llslon. He turned out to avoid
blows. ' i striking another machine and In
At Walla Walla a badly mixed doing so bent the front axle and
up lineup for Pendleton lost 54. ' broke a wheel on the front end of
There were but five ' Pendletpn his car, also bending up the fend
regulars in the lineup. McGarrlgle, era. He was towed In by the!
veteran hurler, turned In a good ; Roseburg Garage wrecker and the
game for. the Buckaroos. 'damage repaired, so that he was
able to go on this morning.
FINLEY APPOINTED
ON GAME COMMISSION
DROWNS IN FLUME
WHILE FIGHTING
FIRE IN TIMBER
Mesv.rltst'-I lrnM l-nr Wife.)
VANfOrVEIt. !(. C, July 13
While battling a forext flr, raging
over the timber limits of the Hev
an Lumber Company near Cumber
land, U. C nn Vancouver Inland
yesterday, Unrry Conrad, president
of the Cumber'and ireat War Vet
eran Axaorlntlon, MI into a flume
carrying watT to a power house
of the Canadian Collerl' and waa
drownfd.
Scopes Judge Gives Idea of
What a Jurist Should Be to
Make Good Court Mediator
II. U IIVI.AND VISITS
l Itoshlll IUJ TODAY.
Mr. snd Mrs. II. L. Hyland and
t two daughters were visitors In
Roehnrg toosv. from their home
In Portland. Mr. Hyland la field
man for the Wlllv.-Overland com
pany and has as his territory. Ore
gon. Washington. Idaho and Ca
'nsdn. He Is at present acting as
advance man for I-e Bryant, fac
tory expert, who Is visiting all of
(the Oregon agencies on a lecture
tour concerning the Willys-Knight
and Overland.
SALEM, Ore., July 13. William
L. Finley, former game warden
and state bloloclst, was appointed
as a member of the state game
commission to succeed R. W. Price
who resigned. v
TOWN IS MENACED ,
MISSOULA. Mont., July 13. '
Fears that forest fires to the north
and south of Llbby constitute a
menace to thattown were express-1
ed by forest service officials to I
headquarters, although the crisis
waa believed to have been passed I
yesterday. a
Flrea near Llbby have ootered
1500 acres.
BUSINESS DEAL MADE
George Trnpolls today purchased
the Interest of Harry Poulus In the
Valet Shine Parlors, and In the fu
ture will conduct thBt business
personally. Although having a
half Interest In the business, Mr
Trsnolls has been plvlnr his time
to his stand at the Terminal hotel,
w here he la also employed as Jani
tor. In the future he will continue
his hotel stand, with another boot
black In charge.
NATIVE OF OREGON
SINCE 1856 DIES
In From Glide
Mr. and Mrs. John Alexander of
Glide were In the city today shop-,
ping and attending to business
matters. , '
SALEM. Ore. July 13 Jeffer
son A. Pooler. 68 years old, a na
tive of Marlon county who was
horn In the Waldo hills In lH.'.d.
died unexpectedly yesterday at
his home In the Auburn district
east of Salem. Ills parents settled
In the Waldo hi Is In lNr.2. Mr.
Pooler suffered a paralytic stroke
Saturday.
He is survived by his widow:
one dsughter. Mrs. Clo Johnson of
Marshfleld: his mother.' Mrs. Adel
ine Pooler of Salem: four sisters.
Mrs. Allee llowen and Mrs. Effle
Back of Salem. Mrs. Nettle Mcf'al-
Ister of Pratnm. and Mrs. Ida
McManus of Honolulu: and two
brothers. Esrl Pooler of Cnrvallls
and Ivan Pooleof EnterpWe,
( ArMgtv, Prwsi twn W(t.) ;
PAYTON, Tenn., July 13 Judge,
John T. Haiilalon, prealdlng at the'
Hcnpea trial h.T today gave his;
roiifi'pllons of Ibe neriHary quail I
flcaildtiH of a Judge, in an inter-1
view granted to iiewfpnper report-1
era here. j
"hi (he maintenance of a repnb-l
Mean form of government. It 1st
essential that,
powers be din.,
trlbnted Into ex-'
ecutlv', Jiidli-bil j
and .gUlative
d e p a r tments," I
said tbe Judge,
"The Judicial l
department haaj
no concern as to
t h f motives,
wisdom or pol-
Icy of statutes; '
therefore If
should be abso-i
hitely non-po-'
1lls-el '
I J.T RAULSiTON sona should be1
'elevated to Judicial office bec-ausn,
, of his political affiliation or imtl-
, san activities.
I "Fitness and temperament, legal ,
j attainments and charn'-ter should
he paramount la the a tion of all i
Judicial of fleet. '
4
W2l
"Speaking more In detail, a Judge
should be well grounded In the fun
dameutsls nf the law and his char
acter should be absolutely super
lative. "In the very nature of things,
there can be no such combination
as a dishonest Individual and an
honest Judge Iti the same person
ality. The standards of dishonesty
and those of Integrity are too In
consistent and Incompatible to co
Inhabit the same mind.
"A Judge should begin all inves
tigations with an open mind and
should never hastily and rashly
rush to conclusions.
' So long as there Is any question
of either law or fact In doubt, he
should diligently Inquire for the
truth.
"No Judge should use the func
tions of his office for his Indivi
dual advantage and to the detri
ment of the public. He teyiuld al
ways remember that ha is merely
a trustee and that t powers and
privileges nf office uTi not belong
to him and are not subject to per
sonal application.
"A Judge should divest himself of
A prejudice, suppress all passion
within and have one purpose and
one only, and that Is to find the
truth aud to declare Justice."
Another delay was caused by
one Juror falling behind, but ha
came In five minutes later, met
indictment was read. .....
Mov Quash Indictment ' '
The defense moved to auash the!
Indictment, John R. Neal maklnsj
the motion.
In making tha motion to auasb.'
the defense advanced fourteen rea-
sons, ten of which alleged tha act
forming the basis of indictment
violated various provision of the
Tennessee constitution and tha
constitution of the United States.
Of the others one set forth "that
the Indictment is so vague as not
to inform the defendant of the na
ture and cause of the accusation
against him."
Asecond claim said "that the)
statute upon which the Indictment
Is based is subject to the same In
formlty because it la so indefinite
as not to enable the defendant to
know what la forbidden and there-
more amounts to a delegation by
legislature of power of courts and
Juries to determine what act shall
be held criminal and punishable."
There Is no legislative warrant
for the delegation of such power
to the courts and Jurlea of the
state," It was asserted, and added
that "the' act violates the whole
spirit of both the state constitution
and the constitution of the United
states and against the policy of the
law."
Section IT, article II, of the state .
constitution waa violated, it waa
declared. The provision cited
reads:
"No bill shall become a law which
embraces more than one subject,
that subject to be expressed In the
title."
Constitution Cited
Section 13. article XI, of the
state constitution, which declares,
"knowledge, learning and virtue,
being essential to the preservation
of republican institutions and the
diffusion of the opportunities and
advantages of education through
out the different portions of the
state, being highly conducive ' to
the promotion of thla end, It shall
be the duty of the general assem
bly in all future periods of thla
government to cherish literature
and science."
Section three, article 1, of the
Tennessee constitution:
"That all men have a natural
and Indefensible right to worship
Almighty God according to the
dictates of their own conscience;
and no man can of right be om
pelled to attend, erect or support
any place of worship, or to main
tain any minister against his con
science that no human authority
can, in any case, however, control
or Interfere with the rights of con
science; and no human authority
can, In any case however, control
or Interfere with the rights of con
science; and that ua perfiirenen
shall ever be given by law, to any
religious establishment or mods of
worship."
Section 19, article 1, of the state
constitution:
Free Speech Pointed Out
"The free communication of
thoughts and the opinions Is one of
the Invaluable rights of man and
every citizen may freely speak,
write or print on any subject, be
Ing responsible for the abuse of
that liberty.
"Section 8, article 1, of the state
constitution:
"That no man shall be taken, or
Imprisoned, or disseised of hI4
free hold, liberties or privileges, or
outlawed or exiled or In any other
manner destroyed or deprived of
his life, liberty or property, but by
I the Judgment of his peers or tha
' laws of the land."
Section 9, article 1, of the state
constitution, providing that In all
criminal procedure, the accused
has the right to "demand the na
ture and cause of the accusation
against him."
Section 2, article 11, of the Ten
nessee constitution, prohiblng the)
(Continued nn peg-
( TheVeather
Highest temp. '"
yesterday 90
Lowest temp,
last night 53
fair tonight and
Tueeday; mod
erate temperature.
ia hn naitet In mmli
lightning rods Is now a stock sales
man who makes us believe It la oil
that will be struck.